Why can't the BCSPCA get it right, and do what other places have done, by lobbying to pass this type of comprehensive law against cruelty,neglect,and chaining of animals? To my knowledge they've never even tried, and the fact that they prevented a definition of neglect from being incorporated into our PCA Act, is even worse.To do nothing is bad enough, but to stand in the way of positive change, is appalling.
This is the full link to Arizona laws:
http://www.act-az.org/laws.html#Statelaw
Here is the relevant part of the law:
Pima County Code, Relating to Animal Cruelty
City of Tucson Code, Relating to Animal Cruelty
(This is interesting for pet stores:)
"44-1799.04 Animal care requirements; violation; classification
A pet dealer shall do the following:
1. Maintain facilities in which cats or dogs are housed in a sanitary condition.
2. Provide cats or dogs with potable water and adequate nutrition.
3. Provide adequate space that is appropriate to the age, size, weight, species and breed of cat or dog. For the purposes of this paragraph, “adequate space” means sufficient space for the cat or dog to experience normal body movements without having to make contact with the sides or top of the enclosure, including the ability to stand up, sit down, turn about freely and relax in a natural position.
4. If cats or dogs are housed on wire flooring, provide a resting board, a floormat or another similar devise that is maintained in a sanitary condition and that allows the cat or dog to rest off of the wire flooring.
5. If a cat or dog is afflicted with a contagious disease, handle the cat or dog in a manner that is required by section 44-1799.01, subsection B.
6. Promptly provide appropriate veterinary care when it is necessary
1. A pet dealer shall not offer for sale a cat or dog that is less than eight weeks old.
2. A pet dealer who violates subsection A of this section is guilty of a class 1 misdemeanor."
PIMA COUNTY CODE:
6.04.110 Cruelty and neglect of animals.
A. Cruelty. Whoever overdrives, overloads, overworks, tortures. torments, cruelly beats, mutilates or unlawfully kills an animal, or causes or procures an animal to be so overdriven, overloaded, overworked, tortured, tormented, cruelly beaten, mutilated or killed, and whoever, having charged or custody of an animal, either as owner or otherwise, inflects unnecessary cruelty upon it, cruelly drives or works it when unfit for labor, or cruelly abandons it, or carries it or causes it to be carried in or upon a vehicle or otherwise, in an unnecessarily cruel or inhumane manner or knowingly and willfully authorizes or permits it to be subjected to unreasonable or unnecessary torture, suffering or cruelty of any kind, shall be guilty of a 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 with 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 time. 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 County animal control 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.
TUCSON CITY CODE: ARTICLE I. IN GENERAL
Sec. 4-1. Enforcement.
Any peace officer, or any county animal control officer, is hereby authorized and empowered to enforce the provisions of this chapter and to issue citations for violations thereof.
(1953 Code, ch. 4 §10; Ord. No. 6043, §1, 6-25-84)
Sec. 4-2. Interfering with enforcement officers; releasing
impounded animals.
It shall be unlawful for any persons to interfere with any officer authorized to enforce this chapter in the performance of his duties, or to release any animal duly impounded, and any person guilty of such act shall be guilty of a misdemeanor.
(1953 Code, ch. 4 § 24)
Sec. 4-3. Cruelty and neglect.
Sec. 4-3(1). Cruelty. Whoever overdrives, overloads, overworks, tortures, torments, cruelly beats, mutilates or unlawfully kills an animals, or causes or procures an animals to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, cruelly beaten, mutilated or killed, and whoever, having charge or custody of an animal, either as owner or otherwise, inflicts unnecessary cruelty upon it, cruelly drives or works it when unfit for labor, or cruelly abandons it, or carries it or causes it to be carried in or upon a vehicle or otherwise, in an unnecessarily cruel or inhumane manner or knowingly and willfully authorizes or permits it to be subjected to unreasonable or unnecessary torture, suffering or cruelty of any kind, shall be guilty of a misdemeanor.
Sec. 4-3(2). 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:
(a) That the animal receives daily, food that is free of contamination and is of sufficient quantity and nutritive value of maintain the animal in good health.
(b) That potable water is accessible to the animal at all times, either free flowing or in a clean receptacle.
(c) 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.
(d) 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.
(e) That the animal is given adequate exercise space as follows:
(1) 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; or
(2) Tieouts are prohibited.
(3) Temporary tethering of horses is exempt from the provisions of Tucson code, subsection 4-3(2)(e)(2).
(f) 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 county animal control 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 county animal control 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.
Sec. 4-3(3). Any of the provisions of this section "W" be waived as dictated by treatment under direction of a licensed veterinarian.
Sec. 4-3(4). Any person violating the provisions of this section shall be guilty of a misdemeanor.
Sec. 4-3(5). Penalties. A violation of any provision of this section is punishable by a fine of not less than one hundred dollars ($100.00) nor more than two thousand five hundred dollars ($2,500.00). No judge, magistrate or special magistrate may suspend the imposition of the minimum fine prescribed herein. In addition to the fine amount, the penalty may include not more than six (6) months in jail and not more than three (3) years probation, or any combination thereof.
In addition, restitution shall be ordered to the victim. This remedy shall not abridge any civil cause of action by the victim.
In addition, upon finding of neglect or cruelty by a city magistrate or special magistrate, the magistrate or special magistrate may order that the owner shall not be permitted to own or control any animal for a period up to three (3) years.