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 animal under the person’s custody or control to cruel neglect or abandonment that 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 division 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 50 feet, shall contain a poison statement and symbol and shall state the word “danger” or “warning.”
2. Any person uses poisons 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. This 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 enforcement agent, or animal control enforcement deputy may use reasonable force to open a vehicle to rescue an animal if the animal is left in the vehicle as prescribed in division A.7. of this section.
E. A person who is convicted of a violation of division A.6. or 10. of this section is liable as follows:
1. If the working or service animal was killed or disabled, to the owner or agency that owns the working or service animal and that employs the handler or to the owner or handler for the replacement and training costs of the working or service animal and for any veterinary bills.
2. To the owner or agency that owns a working or service animal for the salary of the handler for the period of time that the handler’s services are lost to the owner or agency.
3. To the owner for the owner’s contractual losses with the agency.
F. Nothing in this title prohibits or restricts any activity involving a dog, whether the dog is restrained or not, if the activity is directly related to the business of shepherding or herding livestock and the activity is necessary for the safety of a human, the dog or livestock or is permitted by or pursuant to A.R.S. Title 3.
G. A person who violates division A.1., 2., 3., 4., 5., 6., 7. or 12. of this section is guilty of a class 1 misdemeanor. A person who violates division A.8., 9., 10., 11. or 13. of this section is guilty of a class 6 felony.
(Ord. 14-1121, § 2, passed 12-9-2014; Ord. 12-1078, passed 6-12-2012)