(A) Any person having reasonable belief that an animal is vicious may petition the Justice of the Peace or the Municipal Court for a determination that the animal is vicious. The Court may assign the matter to a civil hearing officer within the Court for all proceedings under this section.
(1) After notice to the owner of the animal in any manner calculated to provide reasonable notice, including but not limited to the Arizona Rules of Civil Procedure, the Justice of the Peace or the Municipal Court shall conduct a hearing on the merits of the instant matter. The hearing shall be open to the public. Any relevant oral and documentary evidence from any interested party may be considered by the Court, whether or not the evidence is admissible under the Arizona Rules of Evidence.
(2) Any owner who fails to appear after notice pursuant to this section may be deemed to have waived any right to introduce evidence and eventual right of appeal of the final judgment of the court. Further, the Justice of the Peace or Municipal Court shall thereby determine that all of the allegations contained in the petition are deemed admitted as true.
(3) The decision under this section shall be based upon the standard of a preponderance of the evidence.
(4) The Justice of the Peace or the Municipal Court may consolidate a viciousness petition with a criminal proceeding arising out of the same violation, provided that viciousness is alleged as an element of the associated criminal complaint.
(B) Upon determining an animal to be vicious, the Justice of the Peace or Municipal Court shall enter such orders as it deems necessary to protect the public. The Justice of the Peace or Municipal Court shall retain continuing jurisdiction over the matter for a period not to exceed three years to ensure that orders are enforced. The Justice of the Peace or Municipal Court may order but is not limited to the following:
(1) The owner of the vicious animal post one or more signs on the premises where the animal is kept containing letters not less than three inches high and easily readable by the public using the words: “Danger: Vicious Animal”;
(2) The owner obtain public liability insurance in a single incident amount of not less than $50,000 or other such amount as determined by the Court for bodily injury or death of any person for damage to property caused by the vicious animal;
(3) The animal be destroyed or removed from the premises;
(4) The animal at all times be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed or muzzled;
(5) The animal be spayed, neutered, or tattooed for identification purposes;
(6) The animal be defanged, declawed, or debarked; and
(7) The cost of any successful proceedings to declare an animal vicious be assessed against the owner.
(C) Proof of provocation of the attack by the person injured shall be a rebuttable defense to an action to declare an animal dangerous or vicious.
(Prior Code, § 6-1-8) (Ord. O07-07-06, passed 7-12-2007; Res. R07-07-17, passed 7-12-2007)