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§ 90.14 KEEPING OF AGGRESSIVE DOGS.
   It is unlawful for an owner to have an aggressive dog within the town limits without a certificate of registration issued under this section. This section shall not apply to dogs used by law enforcement officials for police work.
   (A)   An animal control officer shall issue a certificate of registration to the owner of such dog if the owner presents to the animal control officer sufficient evidence of:
      (1)   A proper enclosure for the aggressive dog to confine the aggressive dog, and the posting of the premises with a clearly visible warning sign that there is an aggressive dog on the property.The sign shall include a warning symbol that informs children of the presence of an aggressive dog.
      (2)   A surety bond issued by a surety insurer, in a form acceptable to the Town Prosecutor, in a sum of no less than $100,000.
      (3)   A policy of liability insurance, such as homeowner's insurance, issued by a qualified insurer, in the amount of at least $300,000, insuring the owner for any personal injuries inflicted by the aggressive dog.
   (B)   It is unlawful for the owner of an aggressive dog to permit the dog to be outside of the proper enclosure unless the dog is under control of the owner or a responsible person and is restrained by a leash and muzzle.
   (C)   A dog shall not be declared to be aggressive if the bite or attack was deemed accidental or with reasonable cause, or if the threat or damage was sustained by a person who, at that time, was committing a willful trespass or other criminal act upon the premises occupied by the owner of or person responsible for the dog, or was tormenting, abusing or assaulting the dog, or has in the past been observed or reported to have tormented, abused or assaulted the dog, or committing or attempting to commit a crime.
   (D)   Any aggressive dog shall be immediately confiscated by an animal control officer if:
      (1)   The dog is not validly registered as required by subsection (A) above.
      (2)   The owner does not secure the required liability insurance coverage.
      (3)   The dog is not maintained in the proper enclosure.
      (4)   The dog is outside the dwelling of the owner, or outside of the proper enclosure and not under control of the owner or responsible person, in which case, the owner or responsible person shall be guilty of a Class 1 misdemeanor.
      (5)   The dog was previously found to be an aggressive dog under this chapter and attacks or bites a person or another domestic dog. In this event, the owner or responsible person shall reasonably act to protect the public or other dogs. In addition, the aggressive dog shall be placed in quarantine for the proper length of time, and thereafter, upon order of the court, shall be destroyed in an expeditious and humane manner.
      (6)   The dog aggressively attacks and causes severe injury or death of any human, regardless of whether the dog has previously been declared potentially dangerous, dangerous, or aggressive. In addition, the dog shall immediately be placed in quarantine for the proper length of time, and thereafter, upon order of the court, shall be destroyed in an expeditious and humane manner. The owner or responsible person shall be guilty of a Class 1 misdemeanor.
   (E)   Notwithstanding the requirements set forth in divisions (A)(1) through (A)(3) above, the town shall not be liable for the owner's failure to secure and maintain a proper enclosure, a surety bond, or a policy of liability insurance.
   (F)   For purposes of this section, “proper enclosure” shall mean the secure confinement, either indoors or in a securely enclosed and locked pen or structure with secure sides, top, and floor, designed to prevent the dog from escaping and the entry of young children. The dog’s head shall not be able to protrude out of the enclosure. The enclosure shall protect the dog from the elements and allow for the provision of fresh food and water and an exercise area in order to maintain the dog in good health.
(Res. 12-999, passed 12-11-2012; Ord. 12-760, passed 12-11-2012; Ord. 17-834, passed 10-24-2017) Penalty, see § 90.99
§ 90.15 ADEQUATE EXERCISE SPACE FOR DOGS.
   (A)   Every enclosure for a dog shall be constructed in a manner to minimize the risk of injury to the dog and shall encompass sufficient useable space to keep the dog in good condition.
   (B)   It shall be unlawful for the owner or responsible person of a dog, whether present or not, to intentionally, knowingly or recklessly secure a dog by means of a tie-out, including but not limited to, chains, leashes, ropes, wire or cable attached to a swivel, pulley system or fixed point that does either of the following:
      (1)   Prevents or results in denying the dog access to water or shelter;
      (2)   Inflicts injury or death upon the dog; or
      (3)   Results in or facilitates injury or death to the dog.
(Res. 12-999, passed 12-11-2012; Ord. 12-760, passed 12-11-2012; Ord. 17-834, passed 10-24-2017)
§ 90.16 ANIMAL CRUELTY.
   (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)
§ 90.99 VIOLATION; PENALTY.
   (A)   Any person convicted of violating any provision of this chapter for which no specific penalty is prescribed shall be guilty of a Class 1 misdemeanor, punishable as set forth in § 10.99 of this Code.
   (B)   Any person convicted of violating any provisions of §§ 90.03, 90.04, 90.08, 90.10, 90.13 or 90.15 shall be guilty of a Class 3 misdemeanor, punishable by a fine not to exceed $500, imprisonment for a period not to exceed 30 days, or by any combination of such fine and imprisonment.
   (C)   Any person convicted of violating any provision of §§ 90.05 or 90.12(B) that does not involve biting or attacking shall be guilty of a civil offense punishable as set forth in § 10.99 of this Code and subject to the habitual offender provisions set forth in § 10.99(D).
   (D)   Any person convicted of violating any provision of § 90.05 that involves biting or attacking shall be guilty of a Class 3 misdemeanor, punishable as set forth in subsection (B) of this section.
   (E)   Any fine, fee or monetary restitution amount assessed for loss of property due to the unlawful actions of a dog may be ordered by the court at the time of sentencing if payment was not received prior to sentencing.
(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)