6-7-2 Evaluation of animals

A.   Whenever the town enforcement agent has reason to believe an animal is vicious, aggressive, or destructive, the town enforcement agent may conduct an investigation and/or evaluation of the animal, whether the animal is impounded or not.

B.   The town enforcement agent shall develop guidelines to determine if an animal is vicious, aggressive, or destructive.

C.   If the town enforcement agent finds that an animal is vicious, the provisions of chapter 6-8 regarding impoundment shall apply.

D.   If the town enforcement agent finds that an animal is aggressive or destructive, the provisions of chapter 6-8 regarding impoundment may apply. An aggressive or destructive animal may remain at the home with the consent of and in a manner prescribed by the town enforcement agent, if:

   1.   The town enforcement agent finds confinement at the home is not a contributing factor; and

   2.   The owner of the animal signs a temporary confinement order promising to keep the animal confined at the home pending the disposition of all legal proceedings.

E.   The town enforcement agent will not conduct an investigation and/or evaluation for biting incidents that occur in a dog park, unless it involves serious physical injury, as defined in A.R.S § 13-105(39), to a human being.

Ordinance 2018.004 added section 6-7-2 as section 6-7-5

Ordinance 2021.005 renumbered and amended the section and added paragraph D

Ordinance 2023.006 amended paragraph A of this section

Ordinance 2023.038 added paragraph E

6-7-3 Declaring an animal vicious, aggressive or destructive

Following an investigation and/or evaluation, the town enforcement agent may declare that an animal is vicious, aggressive, or destructive if the town enforcement agent has probable cause to believe that the animal is a vicious animal, aggressive animal, or destructive animal.

6-7-4 Notice to owner regarding declaration of animal as vicious, aggressive or destructive; stipulation

A.   If the owner is known, and unless the owner signs a statement permanently relinquishing ownership of the animal to the town enforcement agent, the owner shall be provided with a written notice of the vicious, aggressive or destructive animal declaration by one or more of the following means:

   1.   Personal service of the notice on the owner.

   2.   Leaving a copy of the notice with a person of suitable discretion at the owner’s residence or place of business.

   3.   Affixing the notice in a conspicuous place where the animal was found.

   4.   Mailing a copy of the notice to the owner’s last-known address by registered or certified mail, return receipt requested.

B.   The notice required by this section shall contain, at a minimum, the following information:

   1.   The town’s intent to file, within ten days of the owner’s receipt of the written notice, a written request with the town magistrate for a hearing to determine if the animal should be declared vicious, aggressive or destructive by the town magistrate.

   2.   The owner’s right to present witnesses and be represented by an attorney at the hearing.

C.   If the town and the owner agree that the animal should be declared vicious, aggressive, or destructive, the town attorney or designee may file a stipulation signed by the owner with the town magistrate requesting the town magistrate order the animal to be declared vicious, aggressive or destructive and imposing conditions as set forth in section 6-7-5(C) that are necessary to protect the public.