Title
Animal Ordinance Update
Description
This report provides a recommendation to the Public Safety and Justice Subcommittee regarding proposed Animal Ordinance updates.
THIS ITEM IS FOR DISCUSSION AND POSSIBLE ACTION.
Report
Summary
Staff have conducted a review of the City's Animal Cruelty Ordinance. As a result of this review, staff propose 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 update 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 "Shelter"
Staff proposes to update the definition of "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 other device 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 current language was also found to be confusing regarding extreme weather conditions. The proposed language clarifies that access to food, water, shade, dry ground and adequate shelter, as defined under the proposed definition, must be provided at all times, which includes during extreme weather conditions.
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.
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."
Conclusion
In addition to the proposed ordinance updates, the Police Department is working on an educational campaign to promote the ordinance and best practices for animal care. Additionally, staff will be launching an automatically generated letter to animal owners with ongoing issues, such as barking dogs, unlawful tethering, unlicensed dogs and hoarding. This new service will be available through the my PHX311 website.
Lastly, as violations occur, the Police Department will engage throughout the court hearing process on cases of animal cruelty. Per City Code. if an animal is seized by officers during an animal cruelty investigation, the Court shall conduct the postseizure hearing within forty-eight hours of the Court's receipt of the request, excluding weekends and City holidays. In support of this provision, the Police Department has worked with City Court Services to ensure officers are contacted by phone in addition to the email that is sent out notifying them about the hearing. If the officer is not reached, the officer’s chain of command, or the on-duty chain of command will be contacted.
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.
Department
Responsible Department
This item is submitted by Assistant City Manager Lori Bays and the Police and Law Departments.