(A) (1) (a) An unlicensed or unvaccinated dog or cat that bites any person shall be confined and quarantined in an authorized pound or, upon request of and at the expense of the owner, at a veterinary hospital for a period of not less than seven days.
(b) A dog properly licensed and vaccinated pursuant to this chapter that bites any person may be confined and quarantined at the home of the owner or wherever the dog is harbored and maintained with the consent of and in a manner prescribed by the enforcement agent.
(2) (a) Any animal other than a dog or cat that bites any person shall be confined and quarantined in an authorized pound or, upon the request of and at the expense of the owner, at a veterinary hospital for a period of not less than 14 days, provided that livestock shall be confined and quarantined for the 14-day period in a manner regulated by the Arizona Department of Agriculture.
(b) If the animal is a caged rodent, it may be confined and quarantined at the home of the owner or where it is harbored or maintained, for the required period of time, with the consent of and in a manner prescribed by the enforcement agent.
(3) Any wild animal which bites any person may be killed and submitted to the enforcement agent or his or her deputies for transmission to an appropriate diagnostic laboratory.
(4) Whenever an animal bites any person, the incident shall be reported to the enforcement agent immediately by any person having direct knowledge.
(5) The county enforcement agent may destroy any animal confined and quarantined pursuant to this chapter prior to the termination of the minimum confinement period for laboratory examination for rabies if:
(a) Such animal shows clear clinical signs of rabies; and
(b) The owner of such animal consents to its destruction.
(6) Any animal subject to licensing under this chapter found without a tag identifying its owner shall be deemed unowned.
(7) The county enforcement agent shall destroy a vicious animal upon an order of a justice of the peace or a Town Magistrate. A justice of the peace or Town Magistrate may issue such an order after notice to the owner, if any, and a hearing.
(B) (1) A vicious dog is “unconfined” if the dog is not securely confined indoors or confined in a securely enclosed and locked pen or structure upon the premises of the owner or custodian of the dog. The pen or structure must have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground no less than one foot deep. All such pens or structures must be adequately lighted and kept in a clean and sanitary condition.
(2) Owners and custodians of vicious dogs shall not allow their dog or dogs to be unconfined.
(3) Owner and custodians of vicious dogs shall not permit their dog or dogs to go beyond the premises of the property upon which the dog is confined unless the dog is securely muzzled and restrained by a chain leash and under the immediate physical restraint of an adult. The muzzle shall be made in a manner not to injure the dog or restrict its breathing, but shall prevent it from biting.
(4) Owners and custodians of a vicious dog or dogs shall display in a prominent place on the premises where the dog is confined a visible warning sign indicating that there is a vicious dog on the premises. A second such sign shall be posted on the pen or kennel of the animal.
(5) No person shall possess or harbor or maintain care or custody of any dog for the purpose of dog fighting, or train, torment, badger, bait, or use any dog for the purpose of causing or encouraging the dog to attack human beings or other animals.
(6) Owners of vicious dogs must, within 90 days of the enactment of this section, provide proof to the Town Manager/Clerk of public liability insurance in the amount of at least $50,000, insuring the owner for any personal injuries inflicted by his or her vicious dog.
(1989 Code, § 6-2-11) (Ord. 89-04, passed 7-13-1989; Ord. O2020.07, passed 4-23-2020) Penalty, see § 90.99