A. Definitions. In this section, unless the context otherwise requires:
1. "Bite" means any penetration of the skin by the teeth of any animal.
2. "Destructive animal" means any animal that has a propensity to destroy, damage or cause damage to the property of a person other than the animal's owner.
3. "Owner" is defined in Section 6.04.020B.
4. "Vicious animal" means any animal that bites, attempts to bite, endangers or otherwise injures or causes to be injured human beings or other animals, except as provided in Section 6.04.120D or one that has been declared vicious pursuant to this section.
5. "Police dog" means any dog belonging to any law enforcement agency service dog unit.
6. "Provocation" means any behavior toward an animal or its owner which is likely to cause a defensive reaction by the animal.
B. Prohibited activity.
1. It is unlawful for any person to keep, control, harbor or otherwise have under control any animal which is vicious or destructive. This section shall not apply to zoos, wild animal parks or animal shelters, or to persons who are in compliance with an order of a justice of the peace issued pursuit to this section.
2. The owner of any 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, except as provided in Section 6.04.120D.
3. The owner of any animal that destroys, damages or causes damage to the property of another person is guilty of a Class 1 misdemeanor.
4. It is unlawful for any person to fail to comply with an order of a justice of the peace regarding a vicious or destructive animal. It is a separate offense for each day that such person fails to comply with the justice of the peace's order.
C. Penalty. A violation of any provision of this section is punishable by a fine of not less than two hundred dollars nor more than two thousand five hundred dollars, six months in jail, three years probation, or any combination thereof. No judge may grant probation in lieu of, or otherwise suspend, the imposition of the minimum fine prescribed. In addition, unless the animal has been previously forfeited or destroyed, upon the declaration of an animal as vicious or destructive, a justice of the peace shall order the owner to do one or more of the following:
1. Comply with the provisions of subsection 6.04.150D and be subject to subsections E and F; or
2. That the animal be banished from the county limits of Pima County after first being spayed or neutered, microchipped and tattooed by a licensed veterinarian at the owner's expense. The owner shall provide a certificate of spaying or neutering and microchipping and tattooing from a licensed veterinarian to the Pima Animal Care Center within the time given by the court to ensure the spaying or neutering and microchipping and tattooing of the animal before banishment; or
3. That the animal be humanely destroyed. The animal may be forfeited to the Pima Animal Care Center to ensure the humane destruction of the animal. Subsections C1, C2, and C3 of this section shall not be construed to affect, in any way, the imposition of any mandatory minimum penalties provided herein.
D. Defenses. 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. A police dog under the command of its trainer.
(Ord. 2009-27 § 2 (part), 2009; Ord. 2005-45 § 1 (part), 2005; Ord. 2004-17 § 1 (part), 2004; Ord. 1998-46 § 1 (part), 1998; Ord. 1988-13 § 1, 1988; Ord. 1987-111 § 1 (part), 1987; Ord. 1986-176 § 1 (part), 1986)