SB 1251
Initials PAB/AH Page 1 House Engrossed
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
SB1251: working animals; restrictions; prohibition
Sponsor: Senator Shamp, LD 29
House Engrossed
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,
☐ Prop 105 (45 votes) ☐ Prop 108 (40 votes) ☐ Emergency (40 votes) ☐ Fiscal Note SB 1251
Initials PAB/AH Page 2 House Engrossed
swine, sheep, goats, poultry and any other animal that is used primarily to produce food from
this definition. (Sec. 1 and 2)