Title
Repeal and Replace Phoenix City Code Section 8-15 Related to Establishment of Pounds; Impounding and Disposing of Dogs and Cats; Reclaiming Impounded Dogs and Cats and Pound Fees (Ordinance G-6672)
Description
Request to amend Phoenix City Code (PCC) chapter 8, by repealing and replacing section 15 relating to the establishment of pounds; impounding and disposing of dogs and cats; reclaiming impounded dogs and cats and pound fees to add language that addresses situations where animals are seized by a peace officer under circumstances not amounting to animal cruelty.
Report
Summary
At present, the City Code does not address the issue of animals seized for safekeeping purposes in non-cruelty cases, for example, where animal owners who have been arrested, hospitalized or have passed away leave behind an animal with no responsible person to care for it. The current policy has peace officers seizing these animals as if the seizure were a cruelty or neglect seizure under PCC section 8-3.01 rather than for the animal's benefit or welfare. The challenge is that this procedure triggers formal notification requirements to the owner that the animal has been seized and what the owner's due process rights are in this situation. The City, through its contracted vendor, the Arizona Humane Society (AHS), is then required to hold the animal for a period of 10 days to give the owner time to request an animal post-seizure hearing under PCC 8-3.02.
The draft ordinance language (Attachment A) would amend chapter 8 of the City Code by repealing and replacing section 15 to allow peace officers to seize displaced animals for safekeeping where the primary intent is to safeguard the animal for its benefit and welfare. Additionally, it would change the hold time for such animals to a minimum of 72 hours (three days) rather than 10 days or longer. The proposed change would give the City and its contracted vendor, AHS, the ability to place animals with an original or adoptive owner much sooner, thereby eliminating the need for an administrative hearing in cases where police officers do not suspect animal cruelty or neglect. The City of Tempe has a similar code provision (Tempe City Code section 6-32).
This proposed change to PCC 8-15 has important benefits for the seized animals, including:
• Decreased length of stay in the shelter.
• Less stress, leading to a decrease in potential illnesses.
• Psychological well-being.
It also benefits the City and its contracted vendor, AHS, by allowing for:
• Quicker response times.
• Increased capacity to care for additional animals.
• Authority to move animals through the system quicker.
• Maintain a focus on legitimate cases of animal cruelty.
• Eliminates unnecessary court procedures.
• Allows AHS to be direct point of contact for the owner to retrieve the animal.
• Decrease in officer overtime pay to attend unnecessary court appearances.
• Decreased use of Municipal Court resources.
• Keeps law enforcement out of court and on the streets protecting citizens.
The proposed change also preserves parts of section 8-15 that are still relevant to impoundment situations. When the City first enacted section 8-15, it authorized the City to establish its own pound system for stray dogs and other animals. At present, the City does not operate its own pound. Instead, Maricopa County Animal Care and Control (MCACC) performs much of that particular function under contract with the City through an Intergovernmental Agreement (Contract 133632).
However, MCACC does not entirely perform that function. For example, MCACC will not respond to calls or impound sick or injured stray animals. AHS provides this service under its contract with the City. Therefore, it is recommended the general authority to impound stray animals be retained, but that the language be amended to reflect the current state of affairs. This will provide clear guidance and authority to the City and its vendors in matters involving stray animals impounded for their safekeeping.
Concurrence/Previous Council Action
The Public Safety and Justice Subcommittee recommended approval of this item on Dec. 11, 2019 by a vote of 4-0.
Department
Responsible Department
This item is submitted by Assistant City Manager Milton Dohoney, Jr. and the Law Department.