The following procedures shall be followed by the peace officer or Pima Animal Care officer when any animal is removed or impounded pursuant to Sections 6.04.120 and 6.04.130. In addition, Section 6.04.140 shall be followed when the peace officer or Pima Animal Care Officer removes or impounds any animal pursuant to 6.05.040 E.
A. If the owner is known, and unless the owner signs a statement permanently relinquishing ownership of the animal to the Pima Animal Care Center, the owner shall be provided with a written notice of the county's intent to file, within ten (10) days of receipt of the notice, a written request with the justice of the peace for a hearing to determine if the animal should be returned to the owner or forfeited to the Pima Animal Care Center. If the owner's whereabouts cannot be determined, notice shall be mailed to the owner at the owner's last-known address by registered or certified mail, return receipt requested. The notice shall include the bond amount required pursuant to Section 6.04.140 (G). If not posted within ten days of the notice, the animal shall be deemed forfeited.
B. If the county files a written request for a hearing before the justice of the peace, the hearing shall be set for a date not less than ten (10) days nor more than fifteen (15) working days after the request has been filed with Justice Court.
C. If the owner fails to appear at the hearing, the justice of the peace shall order the animal forfeited to the Pima Animal Care Center to be placed by adoption in a suitable home or humanely destroyed.
D. At the hearing, if the justice of the peace finds from a preponderance of the evidence either:
1. That an animal was in distress caused by mistreatment, tieout, exposure to the elements, extremes of temperature, lack of adequate ventilation or drainage, lack of sanitation, deprivation of proper food or potable water, restraint, restriction of movement, confinement, lack of sufficient exercise space, constrictive gear, injury, illness, physical impairment or parasites; or
2. That the well-being of the animal was threatened by a dangerous condition or circumstance; and either:
a. That the distress of the animal or dangerous condition or circumstance was caused or allowed to be caused by the willful act or omission or negligence of the owner; or
b. That it is likely the animal would be in distress from any cause, or its well-being would be threatened by any dangerous condition or circumstance if the owner retains ownership of the animal, the justice of the peace shall order the animal to be forfeited to the Pima Animal Care Center to be placed by adoption in a suitable home or humanely destroyed.
E. At the hearing, if the justice of the peace finds that the animal is dangerous or vicious or destructive, or is a danger to the safety of any person or other animal, then the justice of the peace shall order the owner to do one (1) 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, 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, 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.
F. Nothing in this section nor in Section 6.04.130 shall be construed as precluding or requiring the use of any other remedies, civil or criminal; the remedies provided herein are not punitive and are cumulative with and not exclusive of any other remedies provided for by law. Nothing in this section shall be construed to estop the prosecution of the owner for violations of Chapter 6 of the Pima County Code or A.R.S. Section 13-2910. Nothing in this section shall be construed as precluding the humane destruction of any animal, which destruction is otherwise authorized by law, nor shall anything in this section be construed as precluding the spaying or neutering of any animal. If any provision of this section is in conflict with any other provisions of this code, the provisions of this section shall be controlling.
G. Upon seizure pursuant to this section, the owner must post fifteen (15) days of impoundment fees in advance as a bond to defray some of the cost of boarding, impoundment and any veterinary care needed. This sum shall be listed on the notice provided to the owner pursuant to Section 6.04.140.(A). If the bond is not posted within ten (10) days of the notice, the animal shall be deemed forfeited to the Pima Animal Care Center to be placed by adoption in a suitable home or humanely destroyed.
H. If a defendant testifies at a hearing held pursuant to this section, the defendant does not, by so testifying, waive the right to remain silent during the trial; and if the defendant does testify at the hearing, neither this fact nor the defendant's testimony at the hearing shall be mentioned at the trial unless the defendant testifies at the trial concerning the same matters.
I. Appeal of the decision of the justice of the peace shall be by way of special action to the superior court on the record of the hearing. If either party claims the record to be incomplete or lost, and the justice of the peace who conducted the hearing so certifies, a new hearing shall be conducted before that justice of the peace. The owner must post a bond equivalent to sixty (60) days of impoundment costs in order to perfect the appeal. Notice of the amount due shall be given to the owner by the justice of the peace at the time of the order to show cause hearing if forfeiture is ordered. The appealing party shall bear the cost of preparing the record of the hearing on appeal. No appeal shall be taken later than ten (10) days after the decision.
J. Unless good cause is shown, the owner shall be liable for all veterinary, impound and board fees resulting from the animal's impoundment until a final decision by the justice of the peace including the pendency of an appeal. No justice of the peace may waive or reduce any veterinary, impound or board fees resulting from the animal's impoundment unless the owner prevails at the hearing.
(Ord. 2006-57 § 1 (part), 2006; Ord. 2005-45 § 1 (part), 2005; Ord. 2004-17 § 1 (part), 2004; Ord. 1998-46 § 1 (part), 1998; Ord. 1997-26 § 1, 1997; Ord. 1987-111 § 1 (part), 1987; Ord. 1986-176 § 1 (part), 1986)