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Item Number: I.2. CITY COUNCIL REPORT SUBJECT: Ordinance No. 613 N.S. – Animal Control MEETING DATE: January 14, 2025 TO: Mayor and Council FROM: Rudy Mendoza, Public Safety Director/Police Chief REVIEWED: Reyes Medrano Jr., City Manager PURPOSE: The Police Department is requesting the adoption of Ordinance No. 613 N.S., amending the Tolleson City Code, by amending Chapter 9 Animals, Article 9-1 General Rules and Regulations, Section 9-1-20 Control of Cats; and Article 9-2 Cruelty and Neglect of Animals, Section 9-2-4 Neglect Prohibited and Section 9-2-7 Impounding and Disposing of Dogs and Cats; Reclaiming Impounded Dogs and Cats; Pound Fees; providing for repeal of conflicting ordinances; providing for severability; and providing for penalties. BACKGROUND: Current City Code 9-1-20 (C) - Control of Cats makes it the duty of the Animal Control Officer to catch and impound all cats found at-large within the city limits. However, entities do not exist that are willing to take custody of cats impounded pursuant to this code. Current City Code 9-1-20 (D) - Control of Cats states the City may require the payment of fees, vaccinations, and licenses for cats within the City limits, however, Maricopa County no longer requires vaccinations or licenses for cats. Current City Code 9-2-4 (C) - Neglect Prohibited excludes livestock and fowl from shelter requirements to protect animals throughout the year from injury and the elements. Current City Code 9-2-7 - Impounding and Disposing of Dogs and Cats; Reclaiming Impounded Dogs and Cats; Pound Fees addresses the impounding of stray dogs and cats, but does not provide for the impounding and disposition of animals abandoned as a result of the owner being arrested, hospitalization, eviction, or death in which no other person is identified or available to take custody of the animal. DISCUSSION: By amending the outlined city code changes, the animal control officer would no longer be required, by code, to catch and impound at-large cats within the city limits, nor would the City be able to require the payment of fees, vaccinations, and/or licenses for cats within the City limits of Tolleson, thereby aligning with the policies of Maricopa County. Once 9-1-20 (B) and (C) are removed from the code, 9-1-20 (E) will be re-numbered to 9- 1-20 (C). By removing "livestock and fowl are not included in this section" from 9-2-4 (C), any owned animal in the City would fall under the provisions listed in this section. Through the added language of 9-2-7 (D), enforcement agents will have the authority to seize, and impound for 72 hours, any animal that becomes abandoned as a result of the owner being arrested, hospitalization, eviction, or death in which no other person is available to exercise the property rights of the owner. The added code provides direction for the disposition of the animal whether or not the owner makes arrangements for reclaiming the impounded animal. BUDGET IMPACT: This item has no additional budget impact. RECOMMENDATION: Staff recommends the City Council adopt Ordinance No. 613 N.S. ATTACHMENTS: 1. Ord 613 N.S. Amending City Code, Ch. 9 - Control of Cats and Impounding and Disposing of Dog and Cats 01 14 25