A. Cruelty.
1. Whoever:
a. Overdrives, overloads, overworks, tortures, torments, cruelly beats, mutilates or unlawfully kills an animal; or
b. Causes or procures an animal to be so overdriven, overloaded, overworked, tortured, tormented, cruelly beaten, mutilated or killed; or
c. Gives or administers anabolic steroids as defined in the united states code and the relevant sections of the Code of Federal Regulations, to any greyhound dog in training for or being used for racing within the state of Arizona, in order to artificially enhance performance or suppress estrus.
Shall be guilty of a Class 1 misdemeanor.
2. Whoever, having charge or custody of an animal, either as owner or otherwise:
a. Inflicts unnecessary cruelty upon it, cruelly drives or works it when unfit for labor, or cruelly abandons it; or
b. Carries it or causes it to be carried in or upon a vehicle or otherwise, in an unnecessarily cruel or inhumane manner; or
c. Knowingly and willfully authorizes or permits it to be subjected to unreasonable or unnecessary torture, suffering or cruelty of any kind; or
d. Gives or administers, or allows to be given or administered, anabolic steroids as defined in the United States Code and the relevant sections of the Code of Federal Regulations, to any greyhound dog in training for or being used for racing within the state of Arizona, in order to artificially enhance performance or suppress estrus.
Shall be guilty of a Class 1 misdemeanor.
B. 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:
1. 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;
2. That potable water is accessible to the animal at all times, either free-flowing or in a clean receptacle;
3. 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;
4. 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;
5. That the animal is given adequate exercise space 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. With the exception of temporary tethering of horses, the use of tie-outs such as chains, leashes, wires, cables, ropes, or similar restraining devices for the purpose of animal confinement is hereby prohibited.
6. 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 Pima Animal Care 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 Pima Animal Care 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.
C. Subsection B paragraphs 1 and 2 of this section may be waived by any peace officer or Pima Animal Care officer if dictated by treatment under the direction of a licensed veterinarian.
D. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
E. Penalties. A violation of any provision of this section is punishable by a fine of not less than one hundred dollars nor more than two thousand five hundred dollars, six months in jail, three years probation, or any combination thereof. No judge may grant probation in lieu of, or otherwise suspend, the imposition of the minimum fine prescribed herein. The justice of the peace may order that the owner shall not be permitted to own or control any animal for a period of up to three years, and the justice of the peace shall order that the animal(s) which are the subject of this action be forfeited to the Pima Animal Care Center to be placed by adoption in a suitable home or humanely destroyed. This shall not be construed to affect, in any way, the imposition of any mandatory minimum penalties provided herein.
(Ord. 2013-1 § 1, 2013; Ord. 2004-17 § 1 (part), 2004; Ord. 1998-46 § 1 (part), 1998; Ord. 1997-26 § 1, 1997; Ord. 1989-159 § 1 (part), 1989; Ord. 1987-111 § 1 (part), 1987; Ord. 1986-176 § 1 (part), 1986)