Title
Request to Amend City Code - Chapter 8 Animals - Sections 8-1 and 8-3 (Ordinance G-7131)
Description
Request to amend Phoenix City Code, Chapter 8 Animals, sections 8-1 and 8-3.
Report
Summary
Staff conducted a review of the City's Animal Cruelty Ordinance with input from animal welfare organizations, several city departments, including the Police Department, Prosecutor's Office, Neighborhood Services as well as City Council offices. As a result of this review, staff proposes several updates intended to modernize, strengthen and clarify the ordinance. These proposed updates include the following:
Definitions of "Animal" and "Livestock"
Definition of "Adequate Shelter"
Requirements for restraint of a dog (tethering)
Definitions of "Animal" and "Livestock"
Staff proposes to revise the definition of "animal" to exclude "livestock", which has its own definition. This update will help staff determine the appropriate response to animal cruelty with a more well defined application of the ordinance.
Current language:
"Animal means a mammal, bird, reptile, or amphibian, but excludes rodents…"
Proposed language:
"Animal means a mammal, bird, reptile, or amphibian, but excludes livestock and rodents…"
"Livestock is defined earlier in the ordinance as meat animals, horses, sheep, goats, swine, mules and asses."
Definition of "Adequate Shelter"
Staff proposes to add the definition of "adequate shelter" to ensure animals are under proper care.
Current language:
"Cruel neglect means fail to provide an animal with the necessary food that is appropriate for the species and fit for consumption, water that is suitable for drinking or shelter suitable for weather conditions."
Proposed language:
"Cruel neglect means fail to provide an animal with the necessary food that is appropriate for the species and fit for consumption, water that is suitable for drinking or adequate shelter."
"Adequate shelter means any natural or artificial cover accessible throughout the year. The shelter shall be structurally sound, maintained in good repair to protect the animal from injury, and of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner. Shelter must protect the animal from extreme weather conditions, have adequate ventilation and drainage, and shall be maintained in a manner which minimizes the risk of disease, infestations or parasites."
Unlawful Restraint of a Dog
Staff propose to update the portions of the ordinance that consider the restraint of a dog (tethering). The intention of the updates is to better align with recommended best practices and clarify the use of restraints under the other updates detailed in this report.
Current language:
"A restraint means a chain, rope, tether, leash, cable or other device that attaches a dog to a stationary object or trolley system."
Staff does not recommend a prohibition on all types of “tethering” as it may cause an increase in calls for loose animals, could subject citizens to criminal penalty if their loose animal were to cause harm to others, or cause citizens that have no confinement options to no longer own an animal or have a family pet. In order to address concerns regarding tethering or restraining dogs, staff recommends limiting the types of materials that can be used to remove "chain" from lawful options.
Proposed language:
"A restraint means a rope, tether, leash, cable or device other than a chain that attaches a dog to a stationary object or trolley system."
Current language:
"An owner shall not restrain a dog outside by use of a restraint that unreasonably limits the dog’s movement or during extreme weather conditions.
A restraint unreasonably limits a dog’s movement if the restraint:
Uses a collar that is not properly fitted to the dog;
Is in length shorter than ten feet;
Places the dog in unsafe or unsanitary conditions;
Causes injury to the dog; or
Does not permit the dog access to food, water, shade, dry ground, or shelter."
The proposed language clarifies the types of collars that may not be used for tethering. The proposed language also clarifies that access to food, water, shade, dry ground and adequate shelter, as defined under the proposed definition, must be provided at all times.
Proposed language:
"An owner shall not restrain a dog outside by use of a choke collar or pinch collar, or a restraint that unreasonably limits the dog’s movement or during extreme weather conditions.
A restraint unreasonably limits a dog’s movement if the restraint:
Uses a collar that is not properly fitted to the dog;
Is in length shorter than ten feet;
Places the dog in unsafe or unsanitary conditions;
Causes injury to the dog; or
Does not permit the dog access to food, water, shade, dry ground, or adequate shelter at all times."
With these proposed ordinance updates, upcoming educational campaign, and additional focus on hearing participation, staff will work to reduce the number of violations throughout the City of Phoenix, particularly during the hot summer months.
Concurrence/Previous Council Action
On June 14, 2023, the Public Safety and Justice Subcommittee recommended the City Council amend the City's Animal Ordinance.
Department
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police and Law departments.