Skip to main content

AgendaQuick™

View Agenda Item

Back to View Meetings Back to Agenda
Previous Item
AGENDA ITEM REVIEW FORM
2.D.
Work Session
Meeting Date:
04/06/2022
Department Head:
Kay Macuil
Submitted By:
Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Discussion Item - No Action to be Taken

ITEM:

Discussion and possible directions to staff on any and all matters regarding a proposed ordinance on animal abuse. A proposed ordinance amending Title 6 of the San Luis City Code by adding a new Chapter 6.20 Abuse of Animals; imposing penalties for violation; repealing any conflicting provisions and ordinances; and providing for severability. (José A. de la Vara, City Prosecutor)
 

SUMMARY:

Under the Arizona statutes and court case law, it is not a crime to hit an animal if it leaves no injury. Arizona Revised Statute Section 13-2910(F) (A.R.S. § 13-2910(F)) does allow a city to adopt an ordinance with misdemeanor provisions at least as stringent as A.R.S. § 13-2910.

The proposed ordinance would:
  • close the above gap in the law within the San Luis city limits,
  • not criminalize using reasonable force against an animal to protect one's self, another person, or another animal, and
  • be a class 1 misdemeanor (under A.R.S. § 13-707 the maximum sentence is 6 months in jail and under A.R.S. § 13-707 the maximum fine is $2,500.00).

RECOMMENDATION / SUGGESTED MOTION:

Discussion and possible directions to staff only, no action.

Fiscal Impact

IS THERE FISCAL IMPACT ASSOCIATED WITH THIS ITEM:
No
CITY/STATE/FEDERAL FUNDS:
N/A
TOTAL:
N/A
BUDGETED AMOUNT:
N/A
AVAILABLE AMOUNT TO TRANSFER:
N/A
ACCT NAME & GL#/REMAINING BALANCE BEFORE PURCHASE:
N/A

FISCAL IMPACT STATEMENT (IF THIS IS A BUDGET TRANSFER, YOU MUST ATTACH THE BUDGET ADJUSTMENT FORM):

There is no purchase associated with this item. If the proposed ordinance is adopted, it would be absorbed into law enforcement and court operations without a discernable fiscal impact either on expenses or revenue.

Attachments