Chapter 6.35
DANGEROUS ANIMALS
Sections:
6.35.010 Keeping dangerous animals prohibited – Exceptions – Classifications.
6.35.020 Prohibited acts – Classification – Defenses.
6.35.040 Quarantine of biting animals – Reporting – Handling and destruction – Exception.
6.35.010 Keeping dangerous animals prohibited – Exceptions – Classifications.
A. It is unlawful for any person to keep, control, harbor, or otherwise have under control any animal which is dangerous.
B. This chapter shall not apply to zoos, wild animal parks or animal shelters, or to persons who are in compliance with an order of the town magistrate, issued pursuant to this title.
C. Violation of this section is a class 1 misdemeanor. [Ord. 2017-123 § 1.]
6.35.020 Prohibited acts – Classification – Defenses.
A. The owner of any animal that bites, attempts to bite, endangers or otherwise injures or causes injury to human beings or other animals is guilty of a class 1 misdemeanor.
B. The owner of any animal that destroys, damages, or causes damage to the property of another person is guilty of a class 1 misdemeanor.
C. It shall be an affirmative defense to the provisions of this section if the animal is:
1. Not at large and there is provocation; or
2. The dog is a police dog under the command of its trainer. [Ord. 2017-123 § 1.]
6.35.030 Restitution.
In addition to any other penalty, if a victim suffers economic loss as a result of a violation of this chapter, the court shall order the owner to pay restitution to the victim, in the full amount of the victim’s economic loss, as determined by the court. This remedy shall not abridge any civil cause of action by the victim. [Ord. 2017-123 § 1.]
6.35.040 Quarantine of biting animals – Reporting – Handling and destruction – Exception.
A. Any unvaccinated dog or cat that bites any person shall be confined and quarantined in a shelter approved by the town enforcement agent or, upon request of and at the expense of the owner, at a veterinary hospital, for a period of not less than 10 days.
B. If a dog that bites any person is properly vaccinated pursuant to this title, the dog may be confined and quarantined for the 10-day period at the home of the dog’s owner or wherever the dog is harbored and maintained with the consent of and in a manner prescribed by the town enforcement agent.
C. Any domestic animal other than a dog, cat, or livestock that bites any person shall be confined and quarantined in a shelter approved by the town enforcement agent or, upon the request of and at the expense of the owner, at a veterinary hospital, for a period of not less than 14 days.
D. A caged or pet rodent or rabbit that bites a person may be confined and quarantined for the 14-day period at the home of the owner or where it is harbored or maintained with the consent of and in a manner prescribed by the town enforcement agent.
E. Livestock that bites any person shall be confined and quarantined in a manner regulated by the Arizona department of agriculture for a period of not less than 14 days.
F. Whenever an animal bites any person, the incident shall be reported to the town enforcement agent immediately by any person having direct knowledge.
G. The town enforcement agent 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. The animal shows clear clinical signs of rabies; and
2. One of the following occurs:
a. The owner of the animal consents to destruction; or
b. The court orders the animal’s destruction.
H. The owner of any animal confined and quarantined pursuant to this section shall be responsible for any fees incurred by the town enforcement agent for the impounding, sheltering, and disposition of the animal.
I. Any animal quarantined pursuant to this section may be impounded and kept beyond the quarantine period pending the resolution of any criminal complaint or hearing requested pursuant to STC 6.40.060 arising out of or connected with the biting incident, provided that such complaint or request for hearing is filed within 30 days of the biting incident.
J. This section does apply to a police dog that bites any person if the bite occurs while the dog is under proper law enforcement supervision and the care of a licensed veterinarian, except that the law enforcement agency shall notify the town enforcement agent if the dog exhibits any abnormal behavior and shall make the dog available for examination at any reasonable time.
K. Failure to comply with this section is a class 1 misdemeanor. [Ord. 2017-123 § 1.]