ARTICLE I.
GENERAL PROVISIONS

Sec. 3-1 Definitions.

Except as otherwise provided, as used in this title the following terms mean as indicated below:

Animal means any animal of a species that is susceptible to rabies, except man.

Animal shelter means any establishment authorized by the city for the confinement, maintenance, safekeeping and control of animals that come into the custody of city enforcement officers in the performance of their official duties.

Cat means any domesticated animal of the feline species.

Collar means a band, harness or suitable device worn around the neck or torso of a dog.

Commercial kennel means any person, partnership or corporation engaged in the business of breeding or boarding animals.

Dangerous animal means any animal which demonstrates a propensity to assault, bite, scratch or harass people or other animals without provocation. There shall be a rebuttable presumption that any animal that bites a person is a dangerous animal.

Dog means a member of the canis familiaris family.

Enforcement officer means any police officer, neighborhood services officer, or any city animal control officer, authorized and empowered by this title to enforce the provisions of this title and to issue citations and/or file complaints for violations thereof.

Household means one (1) or more persons occupying a premises and living as a single housekeeping unit, as distinguished from a group occupying a boarding house, lodging house, hotel or motel.

Impound means the act of taking or receiving into custody by a city enforcement officer any dog or other animal for the purpose of confinement within an animal shelter in accordance with the provisions of this title.

Kennel means an enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors or maintains five (5) or more animals under controlled conditions.

License means a numbered tag sold by animal control. Each tag number corresponds to a particular animal’s documentation kept by the animal control supervisor or designee.

Livestock means meat animals, horses, sheep, goats, swine, poultry, mules and asses.

Neutered animal means any male or female animal that has been desexed.

Owner means any person owning, keeping, possessing, harboring, maintaining or having custody or otherwise having control of animals within the city.

Pet shop means any person, partnership or corporation engaged in the business of breeding, buying or selling live animals.

Posted warning means a secured sign, of material designed to withstand extreme weather that warns people of reasonable intelligence that a dangerous animal resides on the property. Such sign shall be conspicuously placed at all entrances to the property.

Pot-bellied pig means a miniature breed of swine commonly referred to as Vietnamese, Chinese or oriental pot-bellied pigs with a maximum weight of approximately one hundred (100) pounds, and a maximum height of approximately twenty-two (22) inches at the shoulder.

Unwanted animal means any animal which is delivered to the animal shelter along with a release signed by the owner declaring that the person is the owner of such animal, that the person no longer wants the animal, and that the person is releasing all rights, claims and interest in or to the animal upon delivery to the animal shelter. For purposes of this definition, owner means a person having ownership or careship in the animal such that the person would have the right to sell such animal.

Vaccination means an antirabies vaccination using a type of vaccine approved by the state veterinarian.

Veterinarian means any veterinarian licensed to practice in Arizona or any veterinarian employed in Arizona by a governmental agency.

Veterinary hospital means any establishment operated by a veterinarian licensed to practice in Arizona that provides clinical facilities and houses animals or birds for dental, medical or surgical treatment. A veterinary hospital may have adjacent to it or in conjunction with it or as an integral part of it pens, stalls, cages, or kennels for quarantine, observation or boarding.

Wild animal means any exotic, venomous, nondomestic, or untrained animal which because of its size, natural disposition, or other characteristics constitutes a hazard or menace to persons or animals, or is likely to damage property.

(Ord. No. 1681, § 1, 7-6-10)

Sec. 3-2 Bites.

Whenever an animal bites any person, so as to break the skin, the incident shall be reported to an enforcement officer immediately by any person having direct knowledge.

(Ord. No. 1681, § 1, 7-6-10)

Sec. 3-3 Quarantines.

(a) Any unlicensed or unvaccinated dog or cat that bites any person shall be impounded and quarantined for ten (10) days from the occurrence of the bite. An enforcement officer shall cause such animal to be quarantined at the animal shelter or at a veterinary hospital for the observation period at the owner’s expense.

(b) Any dog licensed pursuant to this chapter and vaccinated that bites any person shall be confined or quarantined for ten (10) days from the occurrence of the bite. Such quarantine may be maintained in the home of its owner if the dog or cat is kept under conditions prescribed by an enforcement officer.

(c) Except as otherwise provided, any animal other than a dog that bites a person shall be impounded and quarantined at the animal shelter or, upon the request of the owner, at a veterinary hospital, for a period of not less than fourteen (14) days; such quarantine shall be at the expense of the owner. The animal may be confined and quarantined at the home of the owner or where it is harbored or maintained for the required period of time with the consent of and in a manner prescribed by an enforcement officer.

(d) Any wild animal which bites any person shall be either delivered to the animal shelter for observation or euthanized. Euthanized animals shall be transmitted to an appropriate diagnostic laboratory.

(e) An enforcement officer may destroy any animal confined and quarantined pursuant to this section prior to the termination of the minimum confinement period for laboratory examination for rabies if:

(1) Such animal shows clear clinical signs of rabies; or

(2) The owner of such animal consents to its destruction.

(f) An animal shall be destroyed by the enforcement officer at the termination of the confinement period if the animal shows clear clinical signs of rabies.

(g) The minimum confinement period may be extended by an enforcement officer for any reasonable cause, with written notice given to the owner stating the reason(s) for the extension.

(h) The owner of a dog impounded to the animal shelter for observation as a result of a dog bite incident shall be charged according to the comprehensive fee schedule.

(i) The owner of any animal other than a dog impounded at the animal shelter for observation pursuant to this section shall be charged according to the comprehensive fee schedule.

(Ord. No. 1681, § 1, 7-6-10)

Sec. 3-4 Cruelty and neglect.

(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, ridden when overloaded, overworked, tortured, tormented, cruelly beaten, mutilated or killed, or 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 abandons it, carries it or causes it to be carried in or upon a vehicle or otherwise in an unnecessarily cruel or inhumane manner or knowingly or wilfully authorizes or permits it to be subjected to unreasonable or unnecessary torture, suffering or cruelty of any kind, shall be guilty of a Class 1 misdemeanor.

(b) Neglect. The purpose of this subsection is to guarantee that animals under human custody or control are housed in a healthy environment 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 ensure that:

(1) 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) Potable water is accessible to the animal at all times, either free-flowing or in a clean receptacle;

(3) 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 animals 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) The animal receives adequate care and medical treatment for debilitating injuries, parasites and diseases, sufficient to maintain the animal in good health and minimize suffering;

(5) The animal is given adequate exercise 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 tieout, consisting of a chain, leash, wire cable or similar restraint attached to a swivel or pulley that is reasonable based upon the animal’s size. A tieout shall be so located as to keep the animal exclusively on the secured premises. Tieouts shall be so located that they cannot become entangled with other objects. Collars used to attach an animal to a tieout shall not be of a choke type. No tieout shall employ a restraint which is less than ten (10) feet in length;

(6) 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 enforcement 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 enforcement 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.

(c) Exceptions. Any of the provisions of this section may be waived as required for treatment under the direction of a licensed veterinarian.

(d) Violation—Penalty. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. In addition to any other sentence which may be imposed, upon a finding of neglect or cruelty by a city magistrate, the magistrate may order that the defendant shall not be permitted to own or control any animal for a period of up to three (3) years from the date of conviction.

(Ord. No. 1681, § 1, 7-6-10; Ord. No. 1740, § 1, 8-21-12)

Sec. 3-5 Keeping wild animals.

It is unlawful for any person having charge, care, or control of any wild animal, by nature dangerous or vicious, to keep, bring, maintain, or exhibit such animal within the city unless the animal is confined in a cage or enclosure adequate to prevent its escape, and proper state permits required to keep wild animals are obtained. Any person violating this section is guilty of a Class 1 misdemeanor.

(Ord. No. 1681, § 1, 7-6-10)

Sec. 3-6 Vicious, destructive or dangerous animals.

(a) Definitions. As used in this section:

(1) Assaultive behavior means any behavior which results in physical injury to a person or which places a person in reasonable apprehension of imminent physical injury.

(2) Bite means any penetration of the skin or any physical injury caused by the teeth of any animal.

(3) Destructive animal means any animal that has a propensity to destroy, damage or cause damage to the property of a person other than the animal’s owner.

(4) Vicious animal means an animal which has a propensity to bite or engage in other assaultive behavior toward a person or animal(s), as to be a hazard to the community.

(b) An enforcement officer may impound any animal which the officer has reason to believe is vicious or destructive pending a proceeding to have the city magistrate declare the animal to be vicious or destructive.

(c) An action to have an animal declared to be vicious may be commenced by the filing of a petition in the city court by the city prosecutor. A copy of the petition shall be personally served upon the owner of the animal by any enforcement officer, if possible. If such personal service cannot be made, service may be made by any method specified in the Arizona Rules Of Civil Procedure. Following service of the petition on the owner, a hearing shall be held as soon as possible. The hearing will be civil in nature and the normal rules of evidence will not apply. The court will accept evidence at its discretion. At such hearing, the magistrate shall make a determination as to whether the animal is a vicious or destructive animal based upon a preponderance of the evidence. Upon declaration by the city magistrate that any animal within the jurisdiction of the city is vicious or destructive, the animal shall be impounded at the animal control shelter for a period of fifteen (15) days following the declaration and shall be euthanised thereafter unless further proceedings are pending before the court or unless the court issues alternative orders to the enforcement officer. There shall be a presumption that an animal determined to be vicious will be euthanized.

(d) Any person who owns a dangerous animal shall place a posted warning at the location where the animal resides.

(Ord. No. 1681, § 1, 7-6-10)

Sec. 3-7 Inspections and entry on private property.

(a) Enforcement officers of the city are authorized to enter upon private property to enforce the provisions of this title, in accordance with the criteria and procedures for conducting such inspections more specifically provided for in this section.

(b) Enforcement officers of the city shall have the power to enter upon and inspect any premises where any animal is kept or harbored when such entry is necessary to enforce the provisions of this title. A search warrant shall be obtained whenever required by law, except when exigent or emergency circumstances exist.

(c) Such entry and inspection shall be made only after the occupant of the premises has been given written or oral notice of the inspection by an enforcement officer. If the land is unoccupied, an enforcement officer shall make a reasonable effort to locate the owner or other person having control of the property before making entry.

(d) Notwithstanding the foregoing, if the enforcement officer has reasonable cause to believe that the keeping or maintaining of any animal is so hazardous as to require an immediate inspection and entry to save the life of the animal or to protect the public health or safety, he/she shall have the power to immediately enter and inspect the curtilage of the property. If the property is a residence, the enforcement officer shall first attempt to notify the occupant and request entry and permission to inspect. If such request is denied, the enforcement officer may only enter without a warrant when exigent circumstances exist.

(Ord. No. 1681, § 1, 7-6-10)

Sec. 3-8 Issuance of citations and complaints.

Each city enforcement officer is authorized to issue citations or file complaints for any violation of this title.

(Ord. No. 1681, § 1, 7-6-10)

Sec. 3-9 Classification of offenses.

Unless otherwise specified, any violation of this chapter is a Class 3 misdemeanor which may be reduced to a civil offense at the prosecutor’s discretion.

(Ord. No. 1681, § 1, 7-6-10)

Sec. 3-10 Animal shelter fees.

Animal shelter fees shall be assessed according to the comprehensive fee schedule.

(Ord. No. 1681, § 1, 7-6-10)

Secs. 3-11—3-20. Reserved.

(Ord. No. 1681, § 1, 7-6-10)