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)