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(A) Cruelty. No person shall cause or allow an animal to be overdriven, overloaded, overworked, tortured, tormented, cruelly beaten, mutilated or unlawfully killed. No person shall inflict unnecessary cruelty upon an animal, drive it or work it when unfit for labor or abandon it.

(B) Neglect. The purpose of this section 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 shelter. Any 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, does 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 space, either:

(a) 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

(b) On a tie-out, consisting of a chain, leash, wire cable or similar restraint attached to a swivel or pulley. A tie-out shall be so located as to keep the animal exclusively on the secured premises and in a manner in which they cannot become entangled with other objects; or

(c) Animals other than household pets, where allowed, shall have not less than the following minimum space:

(i) Large animals such as horses, cows, etc.: One (1) animal for every twenty thousand (20,000) square feet of usable area;

(ii) Small animals such as sheep, goats, etc.: One (1) animal for every twenty thousand (20,000) square feet of usable area;

(iii) Chickens, geese, turkeys, rabbits, etc.: Ten (10) per twenty thousand (20,000) square feet of usable area, unless located in an agricultural zoning district;

(iv) Nonhousehold animals shall be kept fifty (50) feet or more from an occupied structure, unless the structure is occupied by the owner or person in control of such animals;

(6) The stable, area or place an animal is kept must be maintained so it is clean and wholesome. Animal owners must comply with the provisions of Chapter 7.20, Property Maintenance;

(7) That the animal has access to adequate ventilation and is protected from temperature extremes at all times. 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 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 animal control officer, nor the city 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;

(8) If an animal control officer has issued a citation for a violation of this section or of A.R.S. § 13-2910, and reasonably believes that the violation will continue, the officer is hereby authorized and empowered to remove and impound the animal;

(9) An animal control officer is hereby authorized and empowered to remove and impound any animal in plain view and suffering from immediate life-threatening circumstances;

(10) The owner of any animal removed and/or impounded under the provisions of this section shall be held liable for any impoundment, boarding or veterinarian fees incurred in connection therewith;

(11) Any of the provisions of this section may be waived for treatment under the written direction of a licensed veterinarian. (Ord. No. 2004-20, §§ 1, 2, 9-21-04. 1976 Code § 6-2-1)