(A) A person commits cruelty to animals if the person does any of the following:
(1) Intentionally, knowingly or recklessly subjects any animal under the person’s custody or control to cruel neglect or abandonment.
(2) Intentionally, knowingly or recklessly fails to provide medical attention necessary to prevent protracted suffering to any animal under the person’s custody or control.
(3) Intentionally, knowingly or recklessly inflicts unnecessary physical injury to any animal.
(4) Recklessly subjects any animal to cruel mistreatment.
(5) Intentionally, knowingly or recklessly kills any animal under the custody or control of another person without either legal privilege or consent of the owner.
(6) Recklessly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.
(7) Intentionally, knowingly or recklessly leaves an animal unattended and confined in a motor vehicle and physical injury to or death of the animal is likely to result.
(8) Intentionally or knowingly subjects any dog under the person’s custody or control to cruel neglect or abandonment which results in serious physical injury to the animal.
(9) Intentionally or knowingly subjects any animal to cruel mistreatment.
(10) Intentionally or knowingly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.
(11) Intentionally or knowingly allows any dog that is under the person’s custody or control to interfere with, kill or cause physical injury to a service animal.
(12) Recklessly allows any dog that is under the person’s custody or control to interfere with, kill or cause physical injury to a service animal.
(13) Intentionally or knowingly obtains or exerts unauthorized control over a service animal with the intent to deprive the service animal handler of the service animal.
(B) It is a defense to subsection (A) of this section if:
(1) Any person exposes poison to be taken by a dog that has killed or wounded livestock or poison to be taken by predatory animals on premises owned, leased or controlled by the person for the purpose of protecting the person or the person’s livestock or poultry, the treated property is kept posted by the person who authorized or performed the treatment until the poison has been removed and the poison is removed by the person exposing the poison after the threat to the person or the person’s livestock or poultry has ceased to exist. The posting required shall provide adequate warning to persons who enter the property by the point or points of normal entry. The warning notice that is posted shall be readable at a distance of fifty feet, shall contain a poison statement and symbol, and shall state the word “danger” or “warning”.
(2) Any person uses poison in and immediately around buildings owned, leased or controlled by the person for the purpose of controlling wild and domestic rodents as otherwise allowed by the laws of the state, excluding any fur-bearing animals as defined in A.R.S. § 17-101.
(C) The section does not prohibit or restrict:
(1) The taking of wildlife or other activities permitted by or pursuant to A.R.S. Title 17.
(2) Activities permitted by or pursuant to A.R.S. Title 3.
(3) Activities regulated by the Arizona Game and Fish Department or the Arizona Department of Agriculture.
(D) A peace officer, animal control officer or animal control deputy may use reasonable force to open a vehicle to rescue an animal if the animal is left in the vehicle as prescribed in subsection (A)(7) of this section.
(Ord. 17-834, passed 10-24-2017)