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Community Safety Subcommittee October 23, 2023 City Code Chapter 14 Updates Timeline • Police and Law departments began discussing potential Chapter 14 amendments several years ago • May 2022 – hearing held on animal seizure case in Chandler Municipal Court • Court Administrator provided input on the post-seizure hearing process to make it more consistent with best practices • February 2023 – More revisions were made to add new animal cruelty offenses under which police officers could arrest violators and seize and impound animals • February 2023 - August 2023 – revisions were circulated for consideration and edits among the Law Department and Police Department • August 2023 – draft ordinance amending Chapter 14 was submitted to City Manager’s Office for initial review Outreach • Staff provided draft Chapter 14 amendments to several animal welfare organizations for review and/or comment: • Arizona Humane Society • Arizona State Veterinary Medical Examining Board • AZ Pet Project • Maricopa County Animal Care and Control • Arizona Animal Welfare League (declined to review) Current Challenges • Current Chapter 14 outdated language: • Too narrowly defines animal cruelty • Does not adequately address the issue of animals seized for safekeeping purposes in non-cruelty cases • Current Code does not provide adequate regulations relating to the hoarding of animals in unsafe and/or unsanitary conditions • Post-seizure hearings currently are based on State law and do not provide adequate procedures in addressing lawfulness of the seizure in Chandler Municipal Court Background • City’s role when an animal is seized • Officer provides the owner of the animal with a Notice of Animal Seizure • Officer contacts Arizona Humane Society (AHS) to provide transportation, housing, and care for animals. • Officer files proof of service with the Chandler Municipal Court • Owner of the animal can contest the seizure in the Chandler Municipal Court • Police response protocols • Officers use Fourth Amendment principles for animal cruelty seizures • Consent to search exception requires consent from the property owner to enter the property Background • Potential charges for different forms of abuse • Common cases of animal cruelty are designated as class 1 misdemeanors • More serious cases of cruel neglect or abandonment resulting in serious physical injury to the animal are designated as class 6 felonies • Most serious cases of abuse such as intentionally or knowingly subjecting a domestic animal to cruel mistreatment is a class 5 felony Background • Animal rescue shelter working out of a home is considered a home- based business and not granted by right • Currently, animal rescues and kennels are only permitted in C-3, Regional Commercial • Conditional use permit is required to operate in residential areas • Planning staff would need to gauge several variables to consider approval • Number of animals • How waste is managed • Neighborhood compatibility • Planning staff has no recollection of any instances where animal shelters were granted approval to operate as home-based businesses within the city limits. Other Municipalities • Cities that have implemented a dedicated animal hoarding ordinance, setting a minimum threshold of 10 or more animals: • Marana • Phoenix • Cities that have ordinances similar to a hoarding regulation but do not directly regulate animal hoarding based on the number of animals: • Scottsdale • Goodyear • Peoria • Flagstaff • Cities that grant authorization for the seizure of animals in cases associated with hoarding: • Gilbert • Glendale • Surprise • Tempe • Tucson Proposed Changes • More clearly define “Animal Cruelty” to include specific situations such as: • Failing to provide medical attention necessary to prevent unreasonable suffering • Intentionally leaving an animal unattended in a motor vehicle • Allow any dog to interfere, kill or cause physical injury to a service animal • Add section on Animal Hoarding • If person possesses animals under circumstances injurious to the health or welfare of any animal • Abandonment • Unsanitary, overcrowded, other inhumane conditions • Failure to provide medical care • Failure to provide suitable water and necessary food appropriate for the species Proposed Changes • Add language to section on unlawful restraint of dog • Collar not properly fitted to the dog • Length is shorter than 10 feet • Places the dog in unsafe or unsanitary conditions • Causes injury to the dog • Does not allow dog to access food, water, shade, and shelter • Update language on authority to seize and impound animals subjected to cruelty • Peace officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal Next Steps • October 23, 2023: Community Safety Subcommittee • November 9, 2023: Introduce Ordinance Amending Chapter 14 • December 7, 2023: Final Adoption of Ordinance Amending Chapter 14 • January 2024: Ordinance Effective Date Questions? Thank you!