ANIMAL WELFARE AND CRUELTY COUNCIL SUBCOMMITTEE – MARCH 6, 2026 MEETING MINUTES.PDF
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Minutes of the Animal Welfare & Cruelty Council Subcommittee meeting held on March 6, 2026, 2:00 p.m., Hybrid Meeting - Tempe City Hall, 31 E. 5th St., 3rd Floor Large Conference Room and virtually through Microsoft Teams. Members Present: Councilmember Berdetta Hodge – Chair Vice Mayor Garlid – Subcommittee Member Councilmember Adams – Subcommittee Member City Staff Present: Keith Burke, Deputy City Manager Greg Ruiz, Deputy City Manager Eric Anderson, City Attorney Tanya Chavez, Mayor & Council Relations Director Kris Baxter, Director, Communications & Marketing Laura Calder, Director, Financial Services Eric Iwersen, Director, Transportation & Sustainability Kristin Gwinn, Community Outreach Program Coordinator Susie Steckner, Public Information Officer Shannon Smith, Detective, Tempe Police Department John Giltinan, Commander, Tempe Police Department Ruben Wilkinson, Parks Manager Parrish Spisz, Council Assistant Quincy Carrillo, Council Assistant Keaton Hill, Council Assistant Melissa Westbrook, Council Assistant Vanessa Lopez, Council Assistant Members of the Public Present: Jodi Polanski, Lost Our Home Pet Rescue Julie-Rae Steinmeyer, Camp Bow Wow Agenda Item 1 – Call to Order Councilmember Hodge called the meeting to order at 2:00 p.m. Agenda Item 2 – Public Appearances None. Minutes Animal Welfare & Cruelty Council Subcommittee March 6, 2026 Agenda Item 3 – Approval of Meeting Minutes Vice Mayor Garlid motioned to approve the Jan. 23, 2026, meeting minutes. Councilmember Adams seconded. Minutes approved. Agenda Item 4 – Service Operations – Tempe Police Department A. Tempe Police Department Partnerships Maricopa County Rabies and Animal Control (RAC) • The City of Tempe entered into a contract with Maricopa County Animal Care & Control, effective July 1, 2022. The contract is in effect through June 30, 2027, with two potential successive twelve-month renewals. • Initial contract term (fiscal year 22/23) totaled $205,895.00. • Per the contract, the County is to provide quarterly statistical and/or management reports, including: o Number of calls (date and time) o Incident address o Descriptor o Disposition • Both parties may audit and inspect the other’s work to verify compliance with the agreement. It was noted that no compliance audit has occurred in at least the past two years. Additionally, the City has not received the required quarterly data outlined above. • Commander Giltinan reviewed response time requirements outlined in Appendix B of the contract. Response times vary by call priority, ranging from one hour to 72 hours. He noted recurring concerns about calls for loose animals, where delays within the allowed response window often result in the animal leaving the area before arrival. This has led to resident dissatisfaction and perceptions that the matter was not treated as a priority. • Additional animal welfare partnerships include: o Arizona Humane Society (via contract) o Lost Our Home Pet Rescue (via contract) o AZ Exotic Bird Rescue o Phoenix Herpetological Sanctuary o Arizona Game & Fish Department Commander Giltinan specifically noted that Lost Our Home Pet Rescue has been a strong and reliable partner to the City. B. Review of City Code and State Law Definitions Overview: • Cruel Mistreatment: means torture or otherwise inflict unnecessary serious physical injury on an animal or to kill an animal in a manner that causes protracted suffering to that animal. • Cruel Neglect: means failure to provide an animal with food, water, or shelter. Arizona Revised Statutes 13-2910 • The presentation included a review of ARS 13-2910, which outlines offenses constituting animal cruelty. Key provisions included: o Cruel neglect or abandonment o Failure to provide necessary medical attention o Infliction of unnecessary physical injury o Cruel mistreatment o Killing or harming a domestic, working, or service animal without legal privilege o Leaving an animal unattended in a motor vehicle under conditions likely to cause injury or death o Interference with service or working animals C. Case Examples A review of prior cases was presented to illustrate the process for pursuing criminal charges in cases involving animal cruelty and neglect, including coordination and collaboration with partner agencies throughout the investigation and civil charging process. Agenda Item 5 – Discussion of Possible Ordinance Changes Councilmember Hodge reviewed a chart outlining potential ordinance amendments developed from prior Subcommittee discussions with the City Attorney’s Office and the Government Relations Director. The proposed changes are modeled after updates to state law under SB 1658 (June 2025), also known as “Jerry’s Law.” Potential Amendments for Consideration – Tempe City Code, Chapter 6 (Animal Ordinance): • Establishment of detailed shelter standards • Definition of minimum food and water requirements • Tethering duration limitations or a potential tethering ban • Implementation of pavement and extreme heat protections • More specific felony enhancement provisions • Expanded definition of animal cruelty, including protections against the harming or killing of service animals • Updated definition of cruel neglect to align with the broader definition adopted under SB 1658 • Updated definition of domestic animals to include reptiles, amphibians, and birds • Addition of definitions for emotional support animals and service animals Councilmembers requested input from the Tempe Police Department as the ordinance revision process moves forward. Police representatives indicated that clearly defined standards and language that minimize ambiguity are critical for effective enforcement. Council also inquired about the current operating budget for the City’s Animal Welfare Department. It was reported that the department’s adopted budget is $30,000 annually. The Community Cat Management Program was given supplemental funds in years past when available. The department currently consists of one full-time employee and one grant-funded part-time temporary employee. Agenda Item 6 – Future Agenda Items (Councilmembers Only) 1. Explore whether other cities that contract with RAC are experiencing similar issues as the City of Tempe. 2. Conduct research on best practices implemented by other municipalities for animal care and control issues. 3. Research cities that operate their own in-house Animal Care & Control departments, including cities such as Tolleson, Avondale, and Mesa. 4. Review all relevant contracts and agreements, including those with Maricopa County Animal Care & Control, Arizona Humane Society, and Lost Our Home Pet Rescue. Agenda Item 7 – Adjourn Meeting adjourned at 2:57 p.m. Prepared by: Vanessa Lopez, Council Assistant, (480) 350-8748 Reviewed by: Tanya Chavez, Mayor & Council Relations Director, (480) 858-2215 ANIMAL WELFARE AND CRUELTY 03/06/2026 A Presentation by Commander John Giltinan 20099 _______________________________ Tempe Police Department PRESENTATION OBJECTIVES 1) Discuss current partnerships for the Tempe Police Department 2) Review applicable City Code and State Law 3) Case Examples (*Graphic*) TEMPE POLICE PARTNERSHIPS MARICOPA COUNTY RABIES AND ANIMAL CONTROL (RAC) City of Tempe entered a contract with Maricopa County Animal Care and Control Department July 1, 2022 – June 30, 2027 (2 potential successive twelve-month renewals) The initial term (FY 2022-2023) was $205,895.00 The County shall provide the City with quarterly routine statistical and/or management reports which provide the following information: Number of calls (Date and Time) Incident Address Descriptor Disposition Both parties may audit and inspect the other party’s work to verify compliance with this agreement. MARICOPA COUNTY RABIES AND ANIMAL CONTROL (RAC) Appendix D of the Intergovernmental Agreement with Maricopa County Animal Care and Control: Dog not permitted at large (TCC 6-30D) Dog not permitted at large public (TCC 6-30C) Right to enter property (TCC 6-30F) Failure to License (TCC 6-28D) Unlawful Interference (TCC 6-25) Failure to wear (TCC 6-30B) Removal from impound (TCC 6-48) Failure to quarantine (TCC 6-26A) Unlawful Keeping (TCC 6-27) MARICOPA COUNTY RABIES AND ANIMAL CONTROL (RAC) Priority 1: 1 hour or less Priority 2: 2 hours Priority 3: 48 hours Priority 4: 72 hours Priority “O”: By appointment Officer needs assistance and the officer remains on scene Aggressive or menacing animal at large (immediate hazard) Municipal employee needs assistance Area check (no aggression) Vicious Animal Petition Animal bite – animal at large Animal in a trap Bite investigation or follow-up Leash Law violation Court Appearance Animal at large on school grounds Sick or injured stray Confined stray Third Party Pick-ups Barking Dog Recent attack and animal still at large Officer needs assistance and the officer does not remain on scene Attack older than three hours Kennel Permit Attack within 3 hours and dog still at large Dog confined on school grounds Admin Duties TEMPE POLICE DEPARTMENT MAJOR CRIMES SECTION PROPERTY CRIMES UNIT DEFINITIONS Animal – means a mammal bird, reptile, or amphibian. Cruel Mistreatment – means torture or otherwise inflict unnecessary serious physical injury on an animal or to kill an animal in a manner that causes protracted suffering to that animal. Cruel Neglect – means failure to provide an animal with food, water, or shelter. Shelter for “outdoor” dogs Has a natural or artificial cover that is accessible throughout the year Is maintained in good repair, is of sufficient size to protect the dog from injury, 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. Domestic Animal – an animal not regulated by title 3 that is kept primarily as a pet or companion ARIZONA REVISED STATUTE 13-2910 (ANIMAL CRUELTY) A person commits cruelty to animals if the person does any of the following: 1. Intentionally, knowingly or recklessly subjects any animal under the person's custody or control to cruel neglect or abandonment. 2. Intentionally, knowingly or recklessly fails to provide medical attention necessary to prevent protracted suffering to any animal under the person's custody or control. 3. Intentionally, knowingly or recklessly inflicts unnecessary physical injury to any animal. 4. Recklessly subjects any animal to cruel mistreatment. 5. Intentionally, knowingly or recklessly kills any animal under the custody or control of another person without either legal privilege or consent of the owner. 6. Recklessly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner. 7. Intentionally, knowingly or recklessly leaves an animal unattended and confined in a motor vehicle and physical injury to or death of the animal is likely to result. 8. 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. 9. Intentionally or knowingly subjects any animal to cruel mistreatment. 10. Intentionally or knowingly interferes with a working or service animal without either legal privilege or consent of the owner. 11. Intentionally or knowingly kills or seriously harms a service animal without either legal privilege or consent of the owner. 12. 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. 13. Recklessly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal. 14. 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. 15. Intentionally or knowingly subjects a domestic animal to cruel mistreatment. 16. Intentionally or knowingly kills a domestic animal without either legal privilege or consent of the domestic animal's owner or handler. 17. Intentionally or knowingly harasses a working animal that is in a law enforcement vehicle or trailer without either legal privilege or consent of the owner. 18. 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. 19. Intentionally or knowingly kills or causes serious harm to a working animal without either legal privilege or consent of the owner ARIZONA REVISED STATUTE 13-2910 (ANIMAL CRUELTY) QUESTIONS? 1 Potential Ordinance Changes City of Tempe – Chapter 6 https://library.municode.com/az/tempe/codes/city_code?nodeId=CH6AN 1. State Law Update SB 1658 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. Establish Detailed Shelter Standards Example: Tucson To align with updated state law (SB1658) and best practices, consider adding a defined standard for “adequate shelter.” Potential Shelter Requirements: • Size sufficient to allow the animal to stand, turn around, and lie down naturally • Protection from injury • Protection from heat, cold, and precipitation • Proper ventilation 3. Define Minimum Food and Water Requirements Example: Tucson Current Language: “Necessary food, water or shelter.” Potential Language Enhancements: • Water: “Animals shall have continuous access to clean, potable water unless temporarily restricted for legitimate veterinary treatment.” • Food: “Food shall be provided daily in sufficient quantity and nutritional value to maintain normal body weight and overall health.” 2 4. Tethering (Sec. 6-35 – Requirements) Define “extreme weather conditions” (see below), explore a tethering duration limit? OR Prohibit? (Tucson did, with the exception of horses). 5. Establish Pavement and Extreme Heat Protections Current definition: (Sec. 6-34 – Definitions) For tethering: Extreme weather conditions are those elements that are likely to lead to serious physical injury or death of the dog, including temperatures below forty-five (45) degrees and above eighty-five (85) degrees Fahrenheit, or the presence of a monsoon, thunderstorm, flash flood, tornado or dust storm warning issued by any local, state or national weather authority. Potential Provisions: • Prohibit walking dogs when the pavement exceeds a defined surface temperature. • Create a rebuttable presumption of cruelty if an animal suffers paw burns due to extreme surface heat. • Prohibit leaving animals outdoors without adequate shade when a National Weather Service heat advisory is active. 6. State Law Provides for more specific felony upgrades a) class 5 felony for intentionally or knowingly subjecting a domestic animal to cruel mistreatment or death without legal privilege; b) 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 c) 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. 3 7. Under the definition of “animal cruelty”, the following is included under state law, but not city ordinance a. 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. b. Intentionally or knowingly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner. c. 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. d. 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. SB 1658 broadens the definition of “animal cruelty” to include failing to provide medical attention, which is now a class 1 misdemeanor. 8. State Law Update SB 1658 has updated the definition of “Cruel Neglect”: (Tempe’s current definition of cruel neglect means to “fail to provide an animal with necessary food, water or shelter”). • “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 4 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. 9. Definition of Domestic Animals SB 1658 modified the definition to include reptiles, amphibians, and birds.