(A) It shall be unlawful for a dog to:
(1) Be at large. A dog is not at large when:
(a) Engaged in obedience training and accompanied by its owner, responsible person, or trainer.
(b) Being used for legitimate hunting purposes.
(c) Being exhibited in a sanctioned event.
(d) Being utilized as a service dog for a disabled person, or as a seeing-eye dog for a legally blind person, and the handler exercises sufficient control.
(e) Being used to control livestock.
(f) Being used to assist a police officer engaged in law enforcement duties.
(g) In a designated off-leash area in a dog park.
(2) Attack, bite, molest, tackle, terrorize, menace, chase, or harass any person, domestic animal, fowl, poultry, pet, or livestock.
(B) The dog’s owner or responsible person shall control the dog in a manner that ensures it does not violate § 90.05(A)(1) and (2) and, in addition to any penalties under this chapter, shall be responsible for injury to any person or damage to any property caused by a dog in violation thereof.
(C) An animal control officer or police officer may apprehend and impound any dog at large. An animal control officer may issue a citation to the owner or responsible person of the dog at large. The procedure for the issuance of a notice to appear shall be as provided for peace officers in A.R.S. § 13-3903, except the animal control officer shall not make an arrest before issuing the notice. The issuance of citations pursuant to this chapter shall be subject to the provisions of A.R.S. § 13-3899.
(D) A person is not in violation of § 90.05(B) when the dog:
(1) Is on the owner’s or responsible person’s property and the incident occurred after provocation from the person, domestic animal, fowl, poultry, pet, or livestock the dog attacked, bit, molested, tackled, terrorized, chased, or harassed.
(2) Is owned by a governmental agency and is in use for military or police work.
(3) Is a service dog, and the incident occurred while the dog was providing a service to the owner.
(4) Was engaged in the lawful act of hunting, ranching, farming , or other agricultural purpose.
(E) After a conviction of a violation of § 90.05(B), the prosecutor may request a hearing to establish that the involved dog should be designated as an aggressive dog as follows:
(1) After a first conviction, the dog may be designated by the court as an aggressive dog.
(2) After a second or subsequent conviction, the dog may be designated by the court as an aggressive dog, and if so designated, shall be maintained in conformance with § 90.14.
(F) An owner of an aggressive dog may petition the court to have the aggressive dog designation removed. The petition shall request a hearing at which the owner may present facts and circumstances to the court supporting the request. While the request is pending and until the court determines that the dog is not an aggressive dog, the dog shall be maintained in conformance with § 90.14.
(Res. 12-999, passed 12-11-2012; Ord. 12-760, passed 12-11-2012; Ord. 17-834, passed 10-24-2017; Ord. 2023-926, passed 2-14-2023) Penalty, see §
90.99