§ 90.02 DEFINITIONS.
   The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
   ANIMAL. Any animal of a species that is susceptible to rabies, except man.
   AT LARGE. Being neither confined by an enclosure nor physically restrained by a leash, lead, harness or a rider. The requirement to secure or control a dog with a leash shall not apply within private, gated communities; in such cases, dogs shall only be required to be under the owner’s or custodian’s control.
   COUNTY. Pinal County Animal Care and Control.
   CUSTODIAN. The person whom an owner has entrusted with keeping, maintaining and controlling his or her animal, or a person who keeps, harbors or maintains an animal.
   DISTURBANCE. A disturbance caused by an animal that is distressing, loud or unusual, and disturbs the peace or quiet of any place, neighborhood, family or persons in the town for an unreasonable amount of time, and is documented by an enforcement agent.
   ENCLOSURE. A fence or structure of at least six feet in height, suitable to prevent the entry of young children, and suitable to confine a vicious animal. Such enclosures shall be securely locked and designed with secure side, top and bottom, and shall be designed to prevent the animal from escaping.
   ENFORCEMENT AGENT. That person, whether employed by the town or otherwise provided for, who is responsible for the enforcement of this chapter, and may include an officer of the Police Department.
   IMPOUND. The enforcement agent’s act of taking or receiving into custody any animal for the purpose of confinement in an authorized pound in accordance with the provisions of this chapter.
   KENNEL. An enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors or maintains five or more dogs under controlled conditions.
   LEASH. A chain, rope or strap, made of leather, fabric or other material that is:
      (1)   Not more than six feet in length;
      (2)   Capable of being fastened to a collar or harness of a dog and used to lead, restrain and control the dog; and
      (3)   Of sufficient strength for those purposes.
   LIVESTOCK. Any equine, cattle, sheep, goat, asses, bovine, pig, hog or swine. EQUINE shall have the same definition as contained in A.R.S. § 12-553(E).
   OWNER. The person who most recently purchased, adopted or otherwise legally acquired an animal.
   POUND. Any establishment authorized for the confinement, maintenance, safekeeping and control of animals that come into the custody of the enforcement agent in the performance of his or her official duties.
   PRIVATE PROPERTY. Any residential, commercial, industrial, mining or agricultural property that is not owned by the owner of the livestock or animal.
   RABIES QUARANTINE AREA. Any area in which a state of emergency has been declared to exist due to the occurrence of rabies in animals in or adjacent to this area.
   REPETITIOUS DISTURBANCE. A disturbance, as defined herein, that occurs on more than two occasions over a period of 30 days or less.
   VACCINATION. The administration of an anti-rabies vaccine to animals by a veterinarian or in authorized pounds by employees trained by a veterinarian.
   VETERINARIAN. Any veterinarian licensed to practice in this state, or any veterinarian employed in this state by a governmental agency.
   VETERINARY HOSPITAL. Any establishment operated by a veterinarian licensed to practice in this state that provides clinical facilities and houses animals or birds for dental, medical or surgical treatment. A VETERINARY HOSPITAL may have adjacent to it, in conjunction with it, or as an integral part of it, pens, stalls, cages or kennels for quarantine, observation or boarding.
   VICIOUS. An animal having a propensity to bite, attack, chase or otherwise endanger the safety of any human being or other animal without provocation, either on public or private property, and is declared VICIOUS after a hearing before a Justice of the Peace.
   The following shall be prima facie evidence of an animal’s VICIOUS nature:
      (1)   Has, without provocation, attacked or bitten a person engaged in a lawful activity; or
      (2)   Has, while off the property of the owner and without provocation, killed or seriously injured another animal; or
      (3)   Has, without provocation, chased, confronted or approached a person on a street, sidewalk or other public property in a menacing fashion such as would put an average person in fear of attack; or
      (4)   Has, without provocation, exhibited a propensity, tendency or disposition to attack, cause injury or threaten the safety of a person or other animal; or
      (5)   Has attacked in a manner that causes or should cause its owner to know that it is potentially vicious; or
      (6)   Has been trained for dog fights or is owned or kept for dog fighting.
(Ord. 488-08, passed 10-20-2008; Ord. 622-14, passed 9-2-2014)