Tucson, AZ Cruelty and Neglect of Animals

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Tucson, AZ, US

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Type: Municipal Code

Status: Adopted via ordinance

Source File: http://www.municode.com/resources/gateway.asp?pid=11294&sid=3 (Part II, Chapter 4)


Sec. 4-3. Cruelty and neglect.

Sec. 4-3(1). Cruelty. 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 misdemeanor.

Sec. 4-3(2). Neglect. The purpose of this subsection 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, shall not comply with this section. 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 as follows:
(1) 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;
(2) Tieouts are prohibited.
(3) Temporary tethering for horses is exempt from the provisions of Tucson Code, subsection 4-3(2)(e)(2).
(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. Any peace officer or county animal control officer 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.
No peace officer or county animal control officer 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.

Sec. 4-3(3). Any of the provisions of this section may be waived as dictated by treatment under direction of a licensed veterinarian.

Sec. 4-3(4). Any person violating the provisions of this section shall be guilty of a misdemeanor.

Sec. 4-3(5). Penalties. A violation of any provision of this section is punishable by a fine of not less than one hundred dollars ($100.00) nor more than two thousand five hundred dollars ($2,500.00). No judge, magistrate or special magistrate may suspend the imposition of the minimum fine prescribed herein. In addition to the fine amount, the penalty may include not more than six (6) months in jail and not more than three (3) years probation, or any combination thereof. In addition, restitution shall be ordered to the victim. This remedy shall not abridge any civil cause of action by the victim.

In addition, upon finding of neglect or cruelty by a city magistrate or special magistrate, the magistrate or special magistrate may order that the owner shall not be permitted to own or control any animal for a period of up to three (3) years.

(Ord. No. 7241, § 1, 7-3-89; Ord. No. 8996, § 1, 12-8-97) (1953 Code, ch. 4, § 29; Ord. No. 6043, § 2, 6-25-84; Ord. No. 8713, § 1, 6-10-96)
State law references: Cruelty to animals generally, A.R.S. §§ 13-951--13-953.