Joshua H. Wright, City Manager Tadd Wille, Assistant City Manager
From:
Subject:
Introduction of Ordinance No. 4992 Amending Chapter 14 of the City Code to Expand the Definition of Animal Cruelty and Allow Seizure of Animals When There is Evidence of Abuse
Proposed Motion:
Move City Council introduce and tentatively adopt Ordinance No. 4992 amending Chapter 14 of the City Code to more specifically define animal cruelty; to include a new offense for animal hoarding; to strengthen the City's unlawful restraint law; to allow peace officers to seize animals for cruelty, hoarding, or unlawful restraint; to provide for the disposition of displaced animals; and to authorize post seizure hearings to determine the lawfulness of any seizure and forfeiture of any animal subjected to cruelty, hoarding, or unlawful restraint.
Background:
Currently, animal seizures are governed by Arizona Revised Statute § 13-4281, which allows for an animal to be seized if there is any evidence of cruelty as defined by Arizona Revised Statute § 13-2910, but they may only be forfeited when the court finds cruel mistreatment, cruel neglect or abandonment. The result of the limited scope of this statute is that animals who are seized legally for offenses other than cruel mistreatment, cruel neglect or abandonment are often returned to their owners by the court in subsequent civil proceedings despite the abuse suffered by the animal. This deprives the court of the opportunity to review the facts and circumstances of the case and determine both the lawfulness of the seizure and the disposition of the animal.
The proposed Ordinance also includes a new offense for the crime of animal hoarding. Animal hoarding generally occurs in situations where an owner's accumulation of a large number of animals has overwhelmed their ability to provide minimal standards of nutrition, sanitation, or veterinary care. Although hoarding may be prosecuted under state or local animal cruelty laws, states and cities throughout the United States have enacted specific animal hoarding laws to better address the problem and bring increased awareness to it. The proposed ordinance does not establish a minimum number of animals a person can keep; rather, it prohibits the keeping of a number of animals in a quantity and under circumstances that are injurious to the health and welfare of any animal or person. These circumstances include, but are not limited to, unsanitary or overcrowded living conditions and the failure to provide medical care or treatment that is necessary to prevent unreasonable suffering. The proposed ordinance also allows the court to impose restitution on an owner for the reasonable costs the City incurs as a result of seizing animals kept in hoarding conditions, and it allows the court to order periodic inspections if the person is on supervised probation. This change will ensure that the City has the necessary tools to address hoarding situations in Chandler.
Finally, the proposed Ordinance provides that the court shall conduct a hearing to determine the lawfulness of any animal cruelty seizure. After a hearing, if it is determined that the seizure was lawful, the court may forfeit the animal for cruel neglect, abandonment, failing to provide necessary medical care to prevent suffering, inflicting injury or leaving an animal in a motor vehicle when physical injury or death is likely to result. This change will ensure that animals are not returned to neglectful and/or abusive homes.
Discussion:
The City Council's Community Safety Subcommittee (Councilmembers Ellis, Encinas, and Harris) met on October 23, 2023, to review the proposed code amendments and recommend their adoption to the full City Council. The Subcommittee requested further clarification of the definition of animal cruelty to include situations involving disabled animals, which has been incorporated into the proposed amendment, as well as soliciting additional input from the public and animal welfare organizations.
The proposed code amendments were posted on the City website with a form to provide comments. As of October 31, 2023, the City had received 20 comments, seven (7) of which were submitted by Chandler residents. All of the comments submitted by Chandler residents expressed support for stronger and clearer municipal laws regarding animal cruelty and hoarding. A copy of the comments received is attached to this agenda item, with Chandler resident comments highlighted in yellow.
The City additionally solicited comments from six (6) animal welfare agencies and received comments from three (3) such organizations. Three (3) other organizations either declined to respond or indicated they would be unable to provide comments prior to the Council meeting date. Staff incorporated many of these comments into the proposed code amendments by adding and/or clarifying the definitions of "adequate care" and "adequate shelter." A copy of the comments received is attached to this agenda item.
