Chapter 6.20
CRUELTY AND NEGLECT OF ANIMALS

Sections:

6.20.010    Cruelty prohibited.

6.20.020    Neglect prohibited.

6.20.030    Protection of animals by town – Violations – Penalty.

6.20.010 Cruelty prohibited.

Whoever overdrives, overloads, overworks, tortures, torments, cruelly beats, mutilates or unlawfully kills an animal or causes or procures an animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, cruelly beaten, mutilated or killed, and whoever, having charge or custody of an animal, either as owner or otherwise, inflicts unnecessary cruelty upon it, cruelly drives or works it when unfit for labor, or cruelly abandons it, or carries it or causes it to be carried in or upon a vehicle or otherwise, in an unnecessarily cruel or inhumane manner or knowingly and willfully authorizes or permits it to be subjected to unreasonable or unnecessary torture, suffering or cruelty of any kind, shall be guilty of a class one misdemeanor. [Ord. 2005-09 § 1; prior code § 6-4-1.]

6.20.020 Neglect prohibited.

The purpose of this section is to guarantee that animals under human custody or control are housed in healthy environments and are provided with proper food, water, shelter, medical care, exercise space and ventilation. Any person owning or having care, control or custody of any animal shall provide:

A. That the animal receives daily food that is free from contamination and is of sufficient quantity and nutritive value to maintain the animal in good health;

B. That potable water is accessible to the animal at all times, either free-flowing or in a clean receptacle;

C. That, except for livestock, all animals have convenient access to natural or artificial shelter throughout the year. Any such artificial shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements and of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation or drainage, does not comply with this chapter. Any shelter, all bedding and any spaces accessible to the animal shall be maintained in a manner which minimizes the risk of the animal contracting disease, being injured or becoming infested with parasites;

D. That the animal receives care and medical treatment for debilitating injuries, parasites and diseases sufficient to maintain the animal in good health and minimize suffering;

E. That the animal is given adequate exercise space within an enclosure that shall be constructed of material and in a manner to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition, but, with the exception of temporary tethering of horses, the use of tieouts such as chains, leashes, wires, cables, ropes, or similar restraining devices for the purpose of animal confinement is hereby prohibited;

F. That the animal has access to adequate ventilation and is protected from temperature extremes at all times. In this connection, it is unlawful for any person to keep any animal in a vehicle or other enclosed space in which the temperature is either so high or so low, or the ventilation is so inadequate, as to endanger the animal’s life or health. [Ord. 2005-09 § 1; prior code § 6-4-2.]

6.20.030 Protection of animals by town – Violations – Penalty.

A. Any peace officer or Pima County animal care officer or other designated town enforcement agent is authorized to use whatever force is reasonable and necessary to remove any animal from a vehicle or other enclosed space whenever it appears that the animal’s life or health is endangered by extreme temperatures or lack of ventilation within the vehicle or other enclosed space.

B. No peace officer or Pima County animal care officer or other designated town enforcement agent shall be liable for damages to property caused by the use of reasonable force to remove an animal from such a vehicle or other enclosed space under such circumstances.

C. Any peace officer or any Pima County animal care officer or other designated town enforcement agent is authorized and empowered to remove and impound any animal in plain view and suffering from life-threatening exigent circumstances. The owner of any animal removed and impounded under the provisions of this chapter shall be liable for any impoundment, boarding or veterinary fees incurred in connection therewith.

D. Any of the provisions of this chapter may be waived as dictated by treatment under the direction of a licensed veterinarian.

E. An owner of an animal charged with a violation of this chapter shall produce that animal for inspection or impoundment upon the request of the Pima County animal care or other designated town enforcement agent. All owners shall be responsible for any and all applicable impoundment and boarding fees in connection therewith.

F. Any person violating the provisions of this chapter shall be guilty of a class one misdemeanor.

G. A violation of any provision of this chapter is punishable by a fine of not less than $100.00 nor more than $750.00, four months in jail, two years’ probation, or any combination thereof. The magistrate may not grant probation in lieu of, or otherwise suspend, the imposition of the minimum fine prescribed herein. As a condition of probation, the magistrate may order that the owner shall not be permitted to own or control any animal for a period of up to three years. This shall not be construed to affect, in any way, the imposition of any mandatory minimum penalties provided herein. [Ord. 2005-09 §§ 1, 2; prior code § 6-4-3.]