§ 91.20 IMPOUNDMENT OF LIVESTOCK, FOWL, AND RODENTS.
   (A)   The city or its agent or designee may apprehend and impound any livestock, fowl, or rodent that is at large within the city. The city shall have the limited authority to enter upon private property for the purpose of apprehending or impounding the livestock, fowl, or rodent. The entry upon private property shall be reasonable and shall not include entry into a residence or enclosure upon the property unless it is with the consent of the owner or the resident or occupant of the structure. After entry, the city shall take reasonable steps to apprehend and impound the livestock, fowl, or rodent. If any livestock, fowl, or rodent that is at large within the city leaves the city limits during an attempt by the city to impound or apprehend the livestock, fowl, or rodent, the city may take reasonable steps to pursue the livestock, fowl, or rodent for the purpose of impoundment or apprehension of same.
   (B)   After impoundment at a public facility or a private authorized facility, the city shall make a reasonable effort to contact the owner of the impounded livestock, fowl, or rodent and give the owner a reasonable opportunity to reclaim the impounded animal. The city may request assistance from the Arizona Livestock Department in contacting the owner. It shall be presumed to be a reasonable effort to contact the owner of the brand on the livestock impounded. Prior to releasing any impounded livestock, fowl, or rodent to the owner, the city shall collect from the owner the actual costs and expenses incurred in apprehending and impounding the livestock, fowl, or rodent. The city may release any impounded livestock, fowl, or rodent to the Arizona Livestock Department or Arizona Game and Fish Commission if the appropriate agency agrees to collect the city’s actual costs and expenses from the owner prior to releasing the livestock, fowl, or rodent.
   (C)   If the owner fails within ten days after notice to reclaim any impounded livestock, fowl, or rodent by paying the city’s actual costs and expenses of apprehension and impoundment, the city shall post notices in three public places and publish a notice once in a newspaper of general solicitation in the city that the impounded livestock, fowl, or rodent will be sold. The sale shall be conducted in a commercially reasonable manner and with reasonable notice. The proceeds of the sale shall be applied first to paying the city’s actual costs and expenses of impoundment, apprehension and sale. The city shall pay the remaining sale proceeds, if any, to the owner of the animal(s) that were sold. Alternatively, the city may release any impounded livestock, fowl, or rodent to the custody of the Arizona Livestock Department, if the Department agrees to pay the city’s actual costs and expenses or impoundment and apprehension out of the proceeds of any such sale of livestock, fowl, or rodent.
(Prior Code, § 6-2-1) (Ord. O07-07-06, passed 7-12-2007; Res. R07-07-17, passed 7-12-2007)