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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 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
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.
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.
A. Upon receipt of a written request for a hearing to determine if the animal should be declared vicious, aggressive, or destructive, the court shall set a hearing within 15 business days if the animal has been impounded and within 30 days if the animal has not been impounded.
B. If the town magistrate finds from clear and convincing evidence that the animal is vicious or aggressive or destructive, then the town magistrate shall enter orders taking into account the recommendations of the town enforcement agent and the animal’s owner.
C. Upon a finding that an animal shall be declared vicious, aggressive or destructive, the magistrate may enter such orders as the magistrate deems necessary to protect the public, including one or more of the following:
1. That the animal be kept in an enclosure that is secure enough that the animal cannot bite, harm or injure anyone outside the enclosure, and cannot escape, as follows:
a. The court shall determine the appropriate fencing requirements for the size and nature of the animal. The court may require a fence, including gates to be six feet in height; a fence five to six feet in height to incline to the inside of the confinement area at a 45 degree angle from the vertical; or that the confinement area be wholly covered by a material strong enough to keep the animal from escaping.
b. The court may require the bottom of the confinement area to be of concrete, cement or asphalt, or of blocks or bricks set in concrete or cement; or if the bottom is not provided, then a footing of such material shall be placed along the whole perimeter of the confinement area to a depth of one foot below ground level, or deeper if required by the court.
c. The court may require the gates to the confinement area to be locked at all times with a padlock except while entering or exiting.
2. That the animal be muzzled and restrained whenever the animal is outside its enclosure with a leash, chain, rope or similar device not more than six feet in length sufficient to restrain the animal, and under the control of a person capable of preventing the animal from engaging in any prohibited behavior.
3. That the owner of the vicious, aggressive or destructive animal display on every gate or entry way to the enclosure where the animal is kept a sign that reasonably cautions the public that the animal is vicious, aggressive, or destructive.
4. That the owner maintain liability insurance in a single incident amount as determined by the court for bodily injury or death of any person or for damage to property caused by the vicious, aggressive, or destructive animal.
5. That the animal’s owner microchip the animal with an identification number. The town enforcement agent shall maintain a registry of the numbers and the owners of the animals.
6. That the animal be spayed or neutered at the owner’s expense.
7. That the animal be defanged or declawed.
8. That the animal be banished from the town limits, after first being spayed or neutered, and microchipped by a licensed veterinarian at the owner’s expense.
9. That the animal be forfeited to the town enforcement agent for transfer to a legally incorporated humane society or other nonprofit corporate animal-welfare organization devoted to the welfare, protection and humane treatment of animals, as described in section 6-8-13.
10. That the animal be humanely destroyed.
D. The rules for the hearing shall be the same as those set forth in section 6-8-8.
E. This chapter shall not be construed as precluding the destruction of any animal if destruction is otherwise authorized by law, nor shall anything in this chapter be construed as precluding the spaying or neutering of any animal. If any provision of this chapter is in conflict with any other provisions of this code, the provisions of this chapter shall be controlling.
Ordinance 2023.006 amended paragraph A of this section
A. The owner of any animal that is declared a vicious animal, aggressive animal, or destructive animal that bites, attempts to bite, endangers or otherwise injures or causes injury to human beings or other animals is guilty of a class 1 misdemeanor.
B. The owner of any animal that is at large and unvaccinated that bites, attempts to bite, endangers or otherwise injures or causes injury to human beings or other animals is guilty of a class 1 misdemeanor.
C. The owner of any animal that is a vicious animal, aggressive animal, or destructive animal that destroys, damages, or causes damage to the property of another person is guilty of a class 1 misdemeanor.
D. The owner of any animal that bites causing serious physical injury as defined in A.R.S. § 13-105(39) to a human being is guilty of a class 1 misdemeanor.
E. It shall be an affirmative defense to the provisions of this section if the animal is:
1. Not at large and there is provocation; or
2. The dog is a police dog under the command of its trainer.
F. Upon conviction of a violation of this section, in addition to any other penalty or order imposed by the magistrate, the magistrate may find that the animal is vicious, aggressive, or destructive, and may enter such orders as the magistrate deems necessary to protect the public, as set forth in section 6-7-5(C).
Ordinance 2018.004 added “findings and orders” to the title of section 6-7-6 and added paragraph E
Ordinance 2021.005 renumbered the section, amended and expanded paragraph B as B and C, added paragraph D, renumbered subsequent paragraphs accordingly, and amended paragraphs A and F
Ordinance 2023.006 amended paragraph A of this section
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