9.30.25 AWC COUNCIL SUBCOMMITTEE MEETING MINUTES AND PACKET_FINAL.PDF
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Minutes of the Animal Welfare & Cruelty Council Subcommittee meeting held on Sept. 30, 2025, 1 p.m., Hybrid Meeting - Tempe City Hall, 31 E. 5th St., 3rd Floor Conference Room and virtually through Microsoft Teams. Members Present: Councilmember Berdetta Hodge – Chair Vice Mayor Doreen Garlid Councilmember Jennifer Adams City Staff Present: Kris Baxter – Communications and Marketing Director Mariana Pena – Mayor’s Assistant Greg Ruiz – Chief Deputy City Manager Melissa Westbrook – Council Assistant Tanya Chavez – Mayor and Council Relations Director Craig Hayton – Community Services Director Jonathan Shuffield – Government Relations Director Susie Steckner – PIO Quincy Carillo – Council Assistant Tim Burch – Community Health and Human Services Director Lisette Camacho – Deputy City Manager Keaton Hill – Council Assistant Eric Anderson – City Attorney Parrish Spisz – Council Assistant Velicia McMillan Humes – Chief Diversity Officer Mary Mezey – Deputy Community Health and Human Services Director Rosa Inchausti – City Manager Jared Morris – Information Technology Director Nicole Galvan – Social Services Administrative Assistant Eric Iwersen – Sustainability and Transportation Director Keith Burke – Deputy City Manager Lisa Markiewicz – Community Outreach Program Specialist Vanessa Lopez – Council Assistant Minutes Animal Welfare & Cruelty Council Subcommittee Sept. 30, 2025 Stakeholders: Genevieve Vega – Commission on Disability Concerns Bill O’Neil Diane Melrose Megan Rakaric Erin Timmerman Balin Overstolz McNair Agenda Item 1 – Public Appearances No public appearances. Agenda Item 2 – Welcome and Introductions Agenda Item 3 – Subcommittee Purpose The subcommittee will work to strengthen city policies, partnerships, and public education to better support animals. This includes reviewing the current animal cruelty ordinance for potential improvements, evaluating community needs for animal-related services, and expanding collaboration with local organizations like Lost Our Home Pet Rescue and Maricopa County Animal Care and Control. We also hope to explore creating a resource guide for the Tempe community, to provide residents with accessible information, education, and support. Agenda Item 4 – Legal review of state and federal laws, current city ordinance, and ordinances from other jurisdictions related to animal welfare The subcommittee reviewed legal frameworks surrounding animal cruelty at both the state and city levels, including recent legislative updates and comparisons with other municipalities. Key Points: • Arizona Law: o General prohibitions on animal cruelty, with recent amendments adding greater specificity. o Updated language to address medical neglect and conditions for outdoor dogs. • Tempe City Code (Chapter 6 – Animals): o Prohibits animals “at large,” provides provisions for biting animals, licensing, and abandonment. o Specific dog regulations include limits on tethering, requirements for food/water/shelter, and prohibitions in extreme weather. o Animal cruelty section prohibits cruel neglect, abandonment, mistreatment, lack of medical attention, interference with service animals, leaving animals in vehicles under dangerous conditions, and poisoning. • Service Animals – State Law: o Service animals defined as dogs and miniature horses, directly supporting individuals with disabilities. o Excludes emotional support and crime deterrence animals. o Limitations apply if the animal poses a threat, causes disruption, or is not housebroken. • State Law Updates (SB 1658 – 2025): o Expanded definition of cruelty to include failure to provide necessary medical attention. o Clarifications around “cruel neglect” and standards for outdoor dogs, including shelter, sanitary conditions, and protection from extreme temperatures. • Comparison with Other Cities (Tucson): o Tucson enforces more detailed standards, including: Daily nutritional food and constant access to potable water. Year-round clean shelter, proper ventilation, drainage, and exercise space. Prohibition of tie-outs (except for horses). Agenda Item 5 – Review of Senate Bill 1658 The subcommittee reviewed Senate Bill 1658 (“Jerry’s Law”), sponsored by Sen. Bolick, and its implications for Tempe’s animal cruelty ordinance. The discussion focused on how the new state law aligns with, expands, or differs from existing Tempe City Code provisions. Key Points: • Expanded Definition of Animal Cruelty: o Failing to provide medical attention to prevent unreasonable suffering is now a Class 1 misdemeanor. o “Cruel neglect” expanded to include failure to provide access to adequate shelter. o Definition of “domestic animal” broadened to include reptiles, amphibians, and birds. • Comparison: Tempe Ordinance vs. State Law: o Tempe ordinance already requires medical attention to prevent protracted suffering; closely aligned with new state law. o State law specifies felony upgrades: Class 5 felony for cruel mistreatment/death. Class 6 felony for cruel neglect causing serious injury or harming service/working animals. Class 1 misdemeanor for cruel neglect or interference with service/working animals. o State law includes additional prohibitions not in Tempe’s ordinance: abandonment causing injury, harming or interfering with service animals, or depriving a handler of their service animal. o Tempe ordinance includes prohibitions not covered by state law: leaving an animal injured by a vehicle without rendering aid, poisoning, and use of harmful traps. • Definitions of “Cruel Neglect” Across Cities: o Tempe: failure to provide food, water, or shelter. o Other cities (Apache Junction, Chandler, Gilbert, Phoenix) provide broader definitions, often including medical care and species-appropriate food. o Jerry’s Law provides detailed shelter standards, especially for outdoor dogs (size, repair, temperature control, protection from disease/parasites). Agenda Item 6 – Overview of Current City Programming – Community Health & Human Service (CHHS) Dept • Background & Pilot (2019–2020): The program began in response to community conflicts and lack of resources related to free-roaming cats. A four-neighborhood pilot launched in 2019, which included education, TNR (trap-neuter-return) funding, and community meetings. During July–August 2020, 120 cats were TNR’d. • Citywide Expansion (2020–present): o 50 traps purchased for loan and resident use. o Contract established with a local spay/neuter clinic. o Community Health and Human Services began offering resource navigation and pet placement support. • Program Framework: The initiative is built on four pillars: representing all residents, comprehensive colony management, addressing neighborhood issues, and identifying barriers with solutions. • TNR Services: o Clinic Appointments: For caregivers who can trap independently, with direct billing to the city. o Mobile TNR Events: High-volume events (up to 70 cats) for large colonies or caregivers unable to TNR independently. These events include trapping, transportation, housing, recovery support, and evaluation of friendly cats for rescue/adoption. • Colony Tracking: Efforts include mapping colony territories, maintaining a colony database with quarterly updates, targeting hotspots, and measuring outcomes. • Community Education: A colony management handbook, nuisance behavior strategies, trapping techniques, and outreach to HOAs, neighborhood associations, and multifamily communities are being utilized. FY25 Highlights: • Presentation of the program at the Humane World for Animals Animal Care Expo 2025. • 852 cats TNR’d (472 via clinic, 380 via mobile events). • $67,900 in grant funds secured. • 90 kittens were placed in rescue. Agenda Item 7 – Future Agenda Items (Councilmembers only) • Assess how Tempe’s ordinance aligns with new state provisions and best practices from Tucson. • Identify potential gaps or opportunities to strengthen protections in the city code, including defining the following terms: “prolonged suffering”, “temperature specific”, “cruel mistreatment”. • Assess whether to amend Tempe’s ordinance to align more closely with Jerry’s Law and regional best practices. • Consider whether additional provisions unique to Tempe (e.g., vehicle strikes, poisoning prohibitions) should be maintained alongside state standards. Meeting adjourned at 2 p.m. Prepared by: Vanessa Lopez, Council Assistant, (480) 350-8597 Reviewed by: Tanya Chavez, Mayor and Council Relations Director, (480) 858-2215 Animal Cruelty Subcommittee Arizona Law – general prohibitions against animal cruelty -- recent amendments for increased specificity (discussed later) Tempe City Code – some specifics/general prohibition 1 Animals – Tempe City Code Chapter 6 -- Animals in General Prohibits animals “at large” (§ 6-1) Provisions for biting animals (§ 6-26) Dog licensing provisions (§ 6-28) Abandoned animals (§ 6-32) 1 Animals – Tempe City Code Chapter 6 -- Specific Provisions for Dogs Limitations on tethering in private yard (§ 6-35) Must have trolley system, cable run, or tie out stake Owner must be on property Access to food, water, & shelter Prohibited in “extreme weather conditions” 1 Animals – Tempe City Code TCC 6-49 Animal Cruelty - prohibits “cruel neglect or abandonment” - must provide medical attention to prevent protracted suffering - cruel mistreatment - prohibits interfering with service animals - prohibits leaving unattended in vehicle if injury likely to result - prohibits leaving scene of accident striking animal with a vehicle - prohibits poisoning of domestic animal 1 Service Animals – State Law 1. Generally provides protection in public places for service animals who provide support directly related to individual’s disability Examples include: visual navigations, rescue work, seizure/allergen alerts Excludes: emotional support & crime deterrence 2. Service animal may be excluded if: poses a threat, alters the public place, undue burden, uncontrolled, not housebroken 3. Service animals limited to dogs & miniature horses 1 State Law Updates – SB 1658 (2025) 1. Adds additional enumeration of animal cruelty: “Intentionally, knowingly or recklessly fails to provide medical attention necessary to prevent unreasonable suffering to any domestic animal under the person's custody or control.” 2. Adds clarifications of “cruel neglect” -- necessary and adequate shelter except outdoor dog -- outdoor dogs (with exceptions) have access to cover sufficient to move, protect from injury, maintain normal body temperature, sanitary conditions 1 Other Cities -- Tucson More definitive approach w/specificity -- daily food w/nutritional value -- access to clean, potable water at all times -- clean, natural or artificial shelter all year; freedom of movement, protection from temperature extremes -- adequate drainage/ventilation -- exercise space -- tie-outs prohibited (except horses) 1 Tempe City Council Animal Welfare and Cruelty Subcommittee September 30, 2025 SB1658—Jerry’s Law • Sponsored by Sen. Bolick (R-Phoenix) • Broadens definition of “animal cruelty” to include failing to provide medical attention, which is now a class 1 misdemeanor; • Expands the definition of “cruel neglect” to include failure to provide access to shelter, except for dogs that primarily reside outdoors, for which access to some form of shelter is required; • Modifies the definition of “domestic animal” to include reptiles, amphibians, and birds. Tempe Ordinance and State Law • City ordinance already includes language on necessary medical attention—new state law is almost the same as Tempe’s ordinance • Tempe: “A person commits animal cruelty if…intentionally, knowingly, or recklessly fails to provide medical attention necessary to prevent protracted suffering to any animal under the person’s custody or control.” • Jerry’s Law: “A person commits cruelty to animals if…intentionally, knowingly, or recklessly fails to provide medical attention necessary to prevent unreasonable suffering to any domestic animal under the person’s custody or control.” Tempe Ordinance and State Law • State law provides for more specific felony upgrades as follows: 1) class 5 felony for intentionally or knowingly subjecting a domestic animal to cruel mistreatment or death without legal privilege; 2) class 6 felony for intentionally or knowingly subjecting an animal under the person’s custody to cruel neglect resulting in serious physical injury or interfering with a service or working animal; or 3) class 1 misdemeanor for intentionally, knowingly or recklessly subjecting an animal under the person's custody to cruel neglect or interfering with a service or working animal. Tempe Ordinance and State Law • Under the definition of “animal cruelty,” the following are included under state law but not city ordinance: • Intentionally or knowingly subjects any animal under the person's custody or control to cruel neglect or abandonment that results in serious physical injury to the animal. • Intentionally or knowingly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner. • Intentionally or knowingly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal. • Intentionally or knowingly obtains or exerts unauthorized control over a service animal with the intent to deprive the service animal handler of the service animal. Tempe Ordinance and State Law • Under the definition of “animal cruelty,” the following are included under city ordinance but not state law: • Strikes any domestic animal with a vehicle resulting in injury to the animal and leaves the scene without rendering aid and assistance in the care of such animal, if such action can be taken with reasonable safety; • Intentionally or knowingly poisons or attempts to poison any domestic animal. For purposes of this section, "poison" or "attempt to poison" includes the act of placing food, water, or lure of another sort which contains poison or contains health threatening foreign objects, such as glass or metal, in a location where any animal may be attracted to it; or • Intentionally, knowingly or recklessly uses a baited trap or mechanical device to capture an animal, causing it injury or death. City Ordinances “Cruel Neglect” • Tempe: “Cruel neglect means to fail to provide an animal with necessary food, water or shelter.” • Apache Junction: “…to fail to provide an animal with food, water or shelter or medical treatment required to maintain health.” • Chandler: “…to fail to provide an animal with necessary food that is appropriate for the species and fit for consumption, water that is suitable for drinking, adequate shelter, or adequate medical care.” • Gilbert: “…to fail to provide an animal with necessary food, water or shelter.” • Phoenix: “…to fail to provide an animal with necessary food that is appropriate for the species and fit for consumption, water that is suitable for drinking, and adequate shelter.” Jerry’s Law “Cruel Neglect” • “Cruel Neglect” means to fail to provide an animal with necessary food, water, or shelter or to fail to provide a domestic animal with any of the following: • Except for a dog that primarily resides outdoors, access to shelter that is necessary and adequate. • For a dog that primarily resides outdoors, except while the dog is engaged in or training for lawful hunting, police, or military patrol work, search and rescue, herding or livestock guarding, trials or other lawful competitions, service and assistance work, and other working, sporting, or competitive functions or is under the custody or control of a person who has no permanent place of residence, access to shelter that meets all of the following requirements: • Has a natural or artificial cover accessible throughout the year. • Is maintained in good repair, is of sufficient size to protect the dog from injury, and allows the dog to stand, turn around, lie down in a natural manner, and maintain normal body temperature. • Is maintained in a manner that minimizes the risk of disease, infestation or parasites. For additional information Jonathan Shuffield Director Government Relations Jonathan_Shuffield@tempe.gov CHHS Animal Welfare Update Animal Welfare & Cruelty Subcommittee – Sep. 30, 2025 Tim Burch - Community Health & Human Services Director Kristin Gwinn - Community Outreach Program Coordinator History: The Pilot Residents reporting conflicts with neighbors over community cat issues. General lack of information and resources available within the community. Fall 2019 launched 4- neighborhood pilot including education and TNR funding. Community meetings in each neighborhood on best practices for cat management, solutions to common issues, 120 cats TNR’d in July-August 2020 Citywide Expansion 2020-2021 • 50 traps purchased for loan and resident use. • Contract with local valley spay/neuter clinic. 2022-Current • Full time staffing approved. • Resource navigation. • Assist with pet placement for CHHS clients. Building a Program The Four Pillars of Community Cat Management 1. We represent everyone. 2. Comprehensive colony management. 3. It’s a neighborhood issue. 4. Identify the barriers and provide solutions. Population Management Through TNR Clinic Appointments For caregivers who can trap independently Multiple partner clinics Schedule at their own convenience Traps and equipment loans Billed directly to City of Tempe HIgh 6 Increasing Accessibility: Mobile TNR Events High Volume – up to 70 cats Serve caregivers unable to TNR independently or large colonies Provide equipment, trapping assistance, transportation, housing and recovery space Evaluate friendly cats and kittens for rescue Colony Tracking Creating finite territories to measure progress Connect local caregivers and empower local leaders Colony database with quarterly updates Target identified hotspots Provide data on measurable outcomes Community Education 8 Colony management handbook Managing nuisance behaviors Trapping techniques Outreach to HOAs, NAs, and multifamily communities FY25 Highlights Humane World for Animals Animal Care Expo 2025 Presented on Tempe’s Community Cat Management Program Total cats TNR’d: 852 Clinic: 472 Mobiles: 380 Grant funds received: $67,900 Kittens placed in rescue: 90 10 Questions?