ARIZONA HOUSE OF REPRESENTATIVES Fifty-sixth Legislature First Regular Session
	Senate: NREW DP 7-0-0-0 | 3^rd Read 25-4-1-0 House: LARA DP 7-2-0-0 | 3^rd Read 31-27-2-0

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SB1251: working animals; restrictions; prohibition

Sponsor: Senator Shamp, LD 29

Transmitted to the Governor

Overview

Forbids, subject to certain limitations, a city, town or county from prohibiting or unduly restricting a person from using a working animal in lawful commerce for an animal enterprise.

History

Every city and town's legislative body must adopt a comprehensive general plan that includes goals, policies and land use and circulation elements (A.R.S. § 9-461.05). Additionally, a city or town's legislative body may regulate the use of buildings, structures and land for different purposes as well as the use of open spaces and establish special zoning districts, conditions or regulations as necessary for the public health, safety or general welfare. However, all zoning ordinances and regulations must be consistent with the city or town's general plan (A.R.S. § 9-462.01). Cities and towns may institute any appropriate action to prevent violations of zoning ordinances (A.R.S. § 9-462.05).

A county may similarly form a planning and zoning commission to plan for land uses within the county, which are guided in part by the county's comprehensive plan (A.R.S. §§ 11-802 and 11-804). Zoning ordinances and regulations must be consistent with the county's comprehensive plan. However, a county zoning ordinance may not prevent, restrict or otherwise regulate the use or occupation of land or improvements for general agricultural purposes if the tract is five or more contiguous commercial acres (A.R.S. §§ 11-811 and 11-812). County zoning ordinances may be enforced by withholding building permits and civil penalties (A.R.S. § 11-815).

Provisions

1. Prohibits a city, town or county from enacting any ordinance, resolution or policy that prohibits or unduly restricts a person from using a working animal in lawful commerce for an animal enterprise. (Sec. 1 and 2)

2. Exempts the following from this prohibition:

a) municipal or county zoning ordinances;

b) municipal or county ordinances or resolutions enacted relating to public health, public safety, noise or animal cruelty; or

c) any other state law relating to animal care, animal cruelty, noise, public health or public safety. (Sec. 1 and 2)

3. Defines animal enterprise as a rodeo or any agricultural activities conducted on any facility to produce crops, livestock, poultry, livestock products or poultry products or for agritourism. (Sec. 1 and 2)

4. Defines working animal as an animal used primarily to perform a specific duty or function in lawful commerce for an animal enterprise. A working animal excludes rabbits, llamas, cattle, swine, sheep, goats, poultry and any other animal that is used primarily to produce food from this definition. (Sec. 1 and 2)

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8.                   SB 1251

9. Initials PAB/AH     Page 0 Transmitted

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