Loading...
A. A peace officer or a Pima Animal Care officer is hereby authorized and empowered to remove and impound any animal in plain view, or pursuant to a valid search warrant if the officer has probable cause to believe any of the following:
1. That an animal is 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 an animal's well-being is threatened by a dangerous condition or circumstance; and if the officer has reason to believe either:
a. That the distress of the animal or the 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.
3. That an animal is vicious or destructive or may be a danger to the safety of any person or other animal.
4. An animal is deemed to be in distress and subject to removal and impoundment if it is on a tieout.
(Ord. 2004-17 § 1 (part), 2004; Ord. 1998-46 § 1 (part), 1998; Ord. 1987-111 § 1 (part), 1987: Ord. 1986-176 § 1 (part), 1986)
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)
A. Definitions.
1. "Dangerous animal" means one which:
b. Displays a tendency, disposition or propensity, as determined by Pima Animal Care, pursuant to guidelines developed for that purpose, to:
1) Injure, bite, attack, chase or charge without provocation, or attempt to injure, bite, attack, chase or charge without provocation a person or domestic animal in a manner which poses a threat to public safety; or
c. Is owned or harbored primarily or in part for the purpose of fighting or has been trained for fighting;
d. A dangerous animal does not include an animal used in law enforcement, or animals in the custody of zoos, wild animal parks or animal shelters, or animals under the care of veterinarians.
2. "Provocation" means any behavior toward an animal, its owner, or other persons or animals which is likely to cause a defensive reaction by the animal.
B. Declaring an animal dangerous.
1. Whenever Pima Animal Care has reason to believe an animal may be dangerous, an evaluation of the animal shall be conducted pursuant to guidelines developed by Pima Animal Care. These guidelines provide for an evaluation of the animal's behavior both on and off of the premises of the owner, its behavior in and out of the owner's presence and its interactions with other persons and animals.
2. If Pima Animal Care declares that an animal is dangerous, the owner, as defined in Section 6.04.020 of this chapter, shall be notified and issued an order of compliance. Once an animal is declared dangerous the animal is dangerous until a hearing officer or judge determines otherwise. If the owner is known, he shall be provided with a written notice of his right to file, within five (5) days of receipt of the notice, a written request with Pima Animal Care for a hearing to determine if the animal is dangerous. If the owner's whereabouts cannot be determined or the animal poses a threat to public safety or domestic animals, the animal shall be impounded and notice shall be posted on the property or mailed forthwith to him at his last known address by registered or certified mail, return receipt requested. The owner is responsible for payment of any and all impound costs and fees.
C. Hearing—Burden of proof—Appeal.
1. The owner of the animal may request a hearing to contest the declaration of dangerousness under subsection (A)(1)(b) of this section, but not under subsection (A)(1)(a) of this section, or contest the confinement conditions ordered by the Pima animal care officer under subsection (D)(1) of this section.
2. If the owner of an impounded animal fails to contact Pima Animal Care within ten (10) days of receipt of Notice of Impoundment in order to arrange for an evaluation of the animal, the animal shall be forfeited to Pima Animal Care to be placed by adoption in a suitable home or humanely destroyed.
3. If the owner of an impounded animal fails to appear at a hearing or fails to request a hearing, the animal shall be forfeited to the Pima Animal Care upon the expiration of the time provided by the order of compliance if the owner does not demonstrate obedience with the order of compliance. An animal forfeited to Pima Animal Care shall be humanely destroyed.
4. An impounded animal, as described in subsections (C)(2) and (C)(3) of this section, shall not, under any circumstances, be returned to its owner until any order of compliance issued has been obeyed.
5. If the owner of a nonimpounded animal fails to appear at a hearing or fails to request a hearing, the animal is declared to be dangerous and the order of compliance shall remain in effect.
6. After a request for a hearing, Pima Animal Care shall set a hearing date within five (5) working days at a time and place designated by Pima Animal Care. The hearing shall be conducted by a hearing officer selected by Pima Animal Care.
a. The hearing shall be conducted in an informal manner without adherence to the rules of evidence required in judicial proceedings. Any evidence offered may be admitted subject to a determination by the hearing officer that the evidence offered is relevant and material and has some probative value to the facts at issue. A record thereof shall be made by stenographic transcription or by electronic tape recording.
b. It is the burden of Pima Animal Care to establish by a preponderance of the evidence that the animal is dangerous. All parties may be represented by counsel and present witnesses at their cost.
c. The hearing officer shall make a written decision within five (5) working days of the hearing and notify the owner of the animal of the decision.
1) If the declaration of dangerousness is sustained by the hearing officer, the owner of the animal shall obey the order of compliance issued by the Pima animal care officer within the time given by the order of compliance or ten (10) days, whichever is more.
ii. If the animal is found not to be dangerous, the order of compliance is null and void. The finding that an animal is not dangerous does not prevent the Pima Animal Care from declaring an animal dangerous again if a Pima animal care officer has additional reasons, which arise after the hearing, to believe the animal is dangerous after a new evaluation of the animal is conducted.
d. Appeal of the decision of the hearing officer 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 hearing officer who conducted the hearing so certifies, a new hearing shall be conducted before that officer. The appealing party shall bear the cost of preparing the record of the bearing on appeal.
D. Order of Compliance—Provisions. When an animal is declared dangerous, Pima Animal Care shall issue an order of compliance requiring the owner within thirty days to:
1. Confine the animal sufficiently to prevent the animal's escape as follows:
a. Pima Animal Care shall determine the appropriate fencing requirements for the size and nature of the animal, which may require: A fence including gates to be up to six feet in height; the fence, from five feet in height to six feet in height to incline to the inside of the confinement area at a forty-five 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. Pima Animal Care 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 such 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 Pima Animal Care.
c. The gates to the confinement area shall be locked at all times with a padlock except while entering or exiting.
d. Pima Animal Care may require temporary confinement measures until the order of compliance has been obeyed or the hearing officer determines that the animal is not dangerous. If the owner does not immediately comply with the temporary confinement requirements, the animal shall be impounded.
2. Restrain the animal outside of the confinement area with a leash, chain, rope or similar device not more than six feet in length sufficient to restrain the animal. When outside the confinement area, the animal must be under the control of a person capable of preventing the animal from engaging in any prohibited activity. Pima Animal Care may require that the dog be muzzled when outside of the confinement area.
3. Post a sign on every gate or entry way to the confinement area stating: "Beware of dangerous animal. Per Pima County Code Section 6.04.150." The sign shall be provided by Pima Animal Care.
4. Obtain and maintain liability insurance in a single incident amount of fifty thousand dollars, or post bond in that amount of either cash or property, unless the animal has been declared to be vicious or destructive pursuant to Section 6.04.120 of this chapter, in which case the amount of insurance or bond shall be no less than two hundred fifty thousand dollars, to cover any damage or injury that may be caused by the dangerous animal. Pima Animal Care shall maintain a registry of dangerous animals, owners and the insurance carrier or bonding agent for each dangerous animal.
5. Owner must license the animal at the declared dangerous or vicious rate as indicated in subsection 6.04.070, have the animal spayed or neutered, microchipped and tattooed with an identification number, by the Pima Animal Care Center or a licensed veterinarian, at their own expense. Pima County Animal Care shall maintain a registry of tattoo and microchip numbers and the owners of the animals. If a licensed veterinarian performs these procedures outside of the Pima Animal Care Center, a written certification must be obtained.
E. Owner's consent to inspection; failure to obey order of compliance—Penalties.
1. By continuing to own an animal declared dangerous, an owner gives consent to Pima Animal Care Officers or any law enforcement officer to inspect the animal declared dangerous, the premises where the animal is kept and the liability insurance or bond documents required for the animal(s), and the veterinarian's certification of spaying or neutering, microchipping and tattooing for the animal(s).
2. Pima Animal Care may seize and impound the dangerous animal if the owner fails to obey the order of compliance. Pima Animal Care shall humanely destroy the impounded animal, unless the owner demonstrates obedience to the order of compliance or judicial proceedings are pending. The owner of the animal is responsible for any impound costs and fees. If the owner of the animal demonstrates proof that the order of compliance has been obeyed then the animal will be returned to the owner after payment of impound costs and fees. Any action taken under this section shall be in addition to any criminal penalties set out in subsection (G) of this section.
F. Required acts—Prohibited activities.
1. An owner of an animal declared dangerous shall obey the order of compliance.
2. An owner of an animal declared dangerous shall not sell, give away, abandon or otherwise dispose of the animal without notifying Pima Animal Care in writing in advance.
3. An owner of an animal declared dangerous shall provide proof of licensure at the rate indicated in subsection 6.04.070, proof of liability insurance or bonding, and the veterinarian's certificate of spaying or neutering, microchipping and tattooing to the Pima Animal Care officer upon demand.
4. An owner of an animal declared dangerous shall not prevent or try to prevent inspection of the animal or the premises where the animal is kept.
5. When the owner of an animal is notified that Pima Animal Care is evaluating an animal or wishes to evaluate an animal to determine if the animal is dangerous, the owner of the animal shall make the animal available for evaluation at its usual place of abode within twenty-four hours of a request by Pima Animal Care. The owner shall not sell, give away, hide or otherwise prevent Pima Animal Care from making an evaluation of the animal.
6. The owner of an animal declared dangerous shall prevent the animal from running at large as defined in Section 6.04.030 of this chapter.
7. The owner of an animal declared dangerous shall prevent the animal from biting, injuring or attacking any person or domestic animal outside of the confinement area.
G. Penalties—Mandatory minimum.
1. A person convicted for the first time of any offense prohibited by subsections (F)(1) through (F)(6) of this section, in addition may be punished by imprisonment for not less than twenty-four hours nor more than four months and shall pay a fine of not less than one hundred dollars nor more than seven hundred fifty dollars. A person convicted of a second or subsequent offense prohibited by subsections (F)(1) through (F)(6) of this section shall be punished by imprisonment for not less than ten days nor more than four months and by a fine of not less than two hundred dollars nor more than seven hundred fifty dollars. No judge may grant probation in lieu of, or otherwise suspend, the imposition of a minimum jail sentence or fine prescribed herein upon a conviction of any offense prohibited in subsections (F)(1) through (F)(6) of this section. In addition, a person convicted of any offense prohibited in subsections (F)(1) through (F)(6) may be placed on probation for not more than two years and the dangerous animal may be ordered humanely destroyed or banished from the county after first being microchipped, tattooed and spayed or neutered by a licensed veterinarian at the owner's expense. If the animal is not microchipped, tattooed and spayed or neutered within the time given by the court, the animal shall be forfeited to Pima Animal Care to be humanely destroyed. This shall not be construed to affect, in any way, the imposition of any mandatory minimum penalties provided herein.
2. A person convicted of violating subsection (F)(7) of this section may be punished by imprisonment for not less than thirty days nor more than four months and shall pay a fine of not less than five hundred dollars nor more than seven hundred fifty dollars. No judge may grant probation in lieu of, or otherwise suspend, the imposition of the minimum fine prescribed herein upon a person convicted of violating subsection (F)(7) of this section. In addition, a person convicted of violating subsection (F)(7) may be placed on probation for not more than two years and the dangerous animal shall be ordered humanely destroyed. This shall not be construed to affect, in any way, the imposition of the mandatory minimum fine provided herein.
3. Wherever in this section any act is prohibited or declared to be unlawful, the violation of such provision of this section is a misdemeanor punishable (except for the penalties already set forth in subsection (F) of this section) by a fine of not less than one hundred dollars and not more than seven hundred fifty dollars and/or by imprisonment of not more than four months. No judge may grant probation in lieu of, or otherwise suspend, the imposition of the minimum fine prescribed herein. In addition, a person may be placed on probation for not more than two years. This shall not be construed to affect, in any way, the imposition of the mandatory minimum penalties provided herein.
4. Each day any violation continues or occurs shall constitute a separate offense.
(Ord. 2009-27 § 2 (part), 2009; Ord. 2005-45 § 1 (part), 2005; Ord. 2004-17 § 1 (part), 2004; Ord. 1990-13 §§ 1, 2, 1990; Ord. 1988-164 § 1, 1988; Ord. 1988-13 § 2, 1988)
A. Definitions. In this section, unless the context otherwise requires:
1. "Property line" means the line which represents the legal limits of property (including an apartment, condominium, room or other dwelling unit) owned, leased or otherwise occupied by a person, business, corporation or institution. In cases involving sound from an activity on a public street or other public right-of-way, the "property line" shall be the nearest boundary of the public right-of-way.
B. Prohibited Activity.
1. The following activities are prohibited if they produce clearly audible sound beyond the property line of the property on which they are conducted and they disturb the public peace and quiet or comfort of the neighboring inhabitants.
a. Owning, possessing, harboring or controlling any animal or animals or bird or birds which frequently or for continuous duration howls, barks, meows, squawks or makes other sounds.
C. Enforcement. The provisions of this section shall be enforced and administered by Pima Animal Care and appropriate local law enforcement.
D. Penalty.
1. A violation of any provision of this section is a civil infraction and will be adjudicated by a hearing officer, as set forth in Section 6.04.160(F), and the written rules of procedure for hearings adopted by the board of supervisors. If an owner is found responsible for two violations, any subsequent violation shall be filed in Pima County Justice Court. Citations, using a uniform traffic ticket and complaint for civil traffic cases, and court proceedings shall follow the rules of procedure in civil traffic cases adopted by the Arizona Supreme Court, modified as applicable.
2. If the owner of the animals or birds which have engaged in an activity prohibited by this section cannot be determined, the owner, lessee or occupant of the property on which the activity is located shall be deemed responsible for the violation.
3. Each day's continuance of a violation under this section shall be deemed a separate offense.
4. A fine of no less than fifty dollars and no more than five hundred dollars shall be imposed for each violation. Monies collected for civil penalties shall be deposited in the Pima Animal Care Center financial center of the county general fund. The justice of the peace may also grant injunctive relief and such other and further relief as appropriate against a party found responsible for a violation of this article to prevent future violations.
E. Exemptions. Persons wishing to continue activities which constitute a violation of this section but were commenced prior to the enactment of the ordinance codified in this section may seek an exemption from the hearing officer. Such an exemption may be granted if the hearing officer finds that strict application of this section would cause undue hardship and that there is no reasonable or productive alternative method of engaging in the activity.
F. Hearing Officer.
1. Scope. The hearing officer hears and decides appeals of violations under this section.
2. Powers and Duties. The hearing officer performs the following duties:
a. Hearing and deciding complaints alleging civil violations of this section;
b. Administration of oaths;
c. The issuance of subpoenas and summonses ordering appearance before the hearing officer;
d. The making of any other order necessary for the determination and resolution of violations under this section.
3. Establishment.
a. Appointment. The hearing officer shall be appointed by the board of supervisors;
b. Qualifications.
1) The hearing officer shall have training, experience or familiarity with administrative hearings and this section;
2) The hearing officer may be an employee of the county, except that the hearing officer shall not be a Pima animal care officer;
3) Annual Review. The board of supervisors shall conduct an annual review of the hearing officer;
4) Removal. The board of supervisors has the authority to remove the hearing officer, by majority vote, for neglect of duty, inefficiency or misconduct in office.
4. Transaction of Business. The hearing officer shall follow the written rules of procedures for hearings on civil violations of the Animal Control Ordinance, Chapter 6.04 of the Pima County Code, as adopted by the board of supervisors.
G. Judicial Review. The final decision of the hearing officer may be reviewed by the superior court in accordance with Title 12, Chapter 7, Article 6 of the Arizona Revised Statutes.
H. Additional Remedies. In addition to other remedies provided by law, the board of supervisors, the county attorney, Pima animal care or a private individual or other entity that is specially damaged by a violation of an animal statute or ordinance may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent or abate the violation.
(Ord. 2011-76 § 1, 2011; Ord. 2010-19 § 1, 2010; Ord. 2004-17 § 1 (part), 2004; Ord. 1989-40 § 1, 1989)
A. No animal including birds or reptiles shall be offered for sale, gift or other transfer of ownership, and no animals including birds or reptiles shall be sold, given away or otherwise transferred, on or from any public street, roadway, right-of-way, sidewalk, park or swap meet. A "swap meet" is defined for the purpose of this section as a place of commercial activity popularly known as a swap meet, flea market or park-and-swap, which is open to the general public and composed of enclosed, semi-enclosed or outdoor stalls, stands or spaces rented or leased to persons on a temporary basis for the purpose of display and sale, barter or exchange of new or used merchandise.
B. Exceptions. Subsection A of this section shall not prohibit the sale, gift, or other transfer of ownership of animals at county fairs, animal exhibitions or shows, 4-H activities, and other activities or events that are regulated by other state or county agencies. Subsection A of this section shall not prohibit the use of off-site signs or advertising.
C. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.
D. Penalties. A violation of any provision of this section is punishable by a fine of not more than three hundred dollars for any person. Each day such violation continues shall constitute a separate offense.
(Ord. 1993-168 § 1, 1993)
A. Any animal forfeited, abandoned, ownerless or unclaimed, and any other animals to be disposed of by the county enforcement agent, shall be:
1. Placed by adoption in a suitable home; or
2. Humanely destroyed; or
3. Transferred to a duly incorporated humane society or other nonprofit corporate animal-welfare organization devoted to the welfare, protection and humane treatment of animals. Transferred animals shall be placed by adoption in a suitable home after first being sterilized; humanely destroyed; or released as part of a community cat program.
B. As a condition of any transfer of animals under subsection (A)(3), the Pima Animal Care Center shall verify that any organization that receives animals is organized for the pursuit of animal welfare activities, is actively engaged in those activities, does not breed nor release unsterilized animals, releases animals only through community cat programs or through adoption into suitable homes after first being sterilized, and complies with the sterilization, placement, and all other applicable provisions of this section, this chapter, this title, and other applicable laws. Such verification shall include announced and unannounced inspections of the organization's facilities and records. The Pima Animal Care Center may repossess any animals and their offspring from any organization that is not in compliance with these conditions, and shall repossess these animals if the organization is not in compliance with the mandates set forth in subsection (A)(3), or if the organization or its personnel violate a cruelty law. Any organization wishing to receive animals must agree in writing to the terms of this subsection.
C. For the purposes of this section, a "community cat program" means a program in which healthy, free-roaming cats are humanely trapped or otherwise humanely captured, sterilized, vaccinated against rabies, ear-tipped, and returned to the location where they were found.
(Ord. 2014-36, § 1, 2014: Ord. 1998-46 § 1 (part), 1998)