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AGENDA ITEM REVIEW FORM
6.E.
Regular City Council Meeting
Meeting Date:
05/11/2022
Department Head:
Kay Macuil
Submitted By:
Kay Macuil, City Attorney, Attorney's Office
Action Requested:
Motion
Ordinance

ITEM:

Discussion and possible directions to staff on any and all matters regarding Ordinance No. 425. An ordinance of the Mayor and City Council of the City of San Luis 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.  (Kay Marion Macuil, City Attorney)

A.  Action on Reading of Ordinance No. 425 by title only
     (City Clerk to read the ordinance by title only)
B.  Action and adoption of Ordinance No. 425

SUMMARY:

Under the Arizona statutes and court case law, hitting an animal is not a crime if it leaves no injury on the animal. There are no other cities in Arizona that have closed this gap in the law. 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 six (6) months in jail, and the maximum fine is $2,500.00 for a class 1 misdemeanor.)

RECOMMENDATION / SUGGESTED MOTION:

A. I MOVE TO READ ORDINANCE NO. 425 BY TITLE ONLY.
     (City Clerk to read the ordinance by title only)
B. I MOVE TO APPROVE ORDINANCE NO. 425.

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.

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