Assigned to NREW FOR COMMITTEE
ARIZONA STATE SENATE
Fifty-Sixth Legislature, First Regular Session
FACT SHEET FOR S.B. 1251
working animals; restrictions; prohibition
Purpose
Prohibits a city, town or county from enacting any ordinance, resolution or policy that
prohibits or restricts a person from using a working animal in lawful commerce or for an animal
enterprise.
Background
The corporate powers of an incorporated town must be exercised through the common
council or for an incorporated city, exercised through the city council (A.R.S. §§ 9-231 & 9-271).
Cities and towns must make, amend, repeal and enforce all ordinances necessary or proper for
carrying into effect of the powers vested in the corporation. Unless specifically prohibited by statute,
a city or town may classify ordinance violations as criminal or civil offences and can define the
punishment for the violation of such ordinance (A.R.S. § 9-240). By ordinance, a city or town may
appoint animal control officers who can bring before a court any violation of statute or ordinance
relating to rabies and animal control that occurs within the city or town (A.R.S. § 9-499.04).
A county board of supervisors (BOS) must exercise the powers of the county including
regulating animal control (A.R.S. § 11-201). A county BOS may adopt, amend, repeal and enforce
all ordinances necessary or proper to carry out the duties, responsibilities and functions of the
county. An ordinance adopted by a county BOS may apply to unincorporated or incorporated areas
in the county (A.R.S. § 11-251.05). A county BOS must make and enforce ordinances for the
protection and disposition of domestic animals subject to inhumane, unhealthy or dangerous
conditions or circumstances and creating civil penalties for violations of animal ordinances or
animal statute (A.R.S. § 11-1005). A domestic animal is an animal kept as a pet and not primarily
for economic purposes (A.R.S. § 11-251). A county BOS must employ a county enforcement agent
to enforce and issue tickets for violations of animal control ordinances (A.R.S. § 11-1007). A
county BOS must appoint a hearing officer to hear the cases of animal control violations (A.R.S.
§ 11-1006).
There is no anticipated fiscal impact to the state General Fund associated with this
legislation.
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 or for an animal
enterprise.
FACT SHEET
S.B. 1251
Page 2
2. Excludes, from the prohibition on enacting any ordinance, resolution or policy:
a) any municipal or county zoning ordinance enacted to conserve and promote the public
health, safety and general welfare; and
b) any municipal or county ordinance or resolution enacted relating to public health or safety.
3. Defines working animal as an animal used primarily to perform a specific duty or function in
commerce or for an animal enterprise.
4. Excludes, from the definition of working animal, rabbits, llamas, cattle, swine, sheep, goats,
poultry or any other animal that is used primarily to produce food.
5. Becomes effective on the general effective date.
Prepared by Senate Research
February 7, 2023
RA/SF/slp