For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
   ANIMAL. Any living species of mammal, bird, amphibian or reptile.
   ANIMAL CONTROL OFFICER. The City Animal Control Officer and/or his or her designee, acting under the direction of the Chief of Police, and whose duties include the enforcement of this chapter.
   ANIMAL SHELTER. An establishment authorized and maintained by the city for the confinement, maintenance, and safekeeping of animals which come into the custody of the Animal Control Officer.
   AT LARGE. Any animal shall be deemed to be AT LARGE when it is off the premises of the owner, and not under the direct control, custody, charge, or possession of the owner, or other responsible person designated by the owner, either by substantial leash, chain, rope, or cord.
   BITE. Any penetration of the skin by the teeth of any animal.
   CRUELTY, ABUSE AND NEGLECT.  Cruelty, abuse and neglect as used in this chapter shall mean, every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue when there is reasonable remedy or relief. CRUELTY, ABUSE AND NEGLECT shall include but not necessarily be limited to the following:
      (1)   Any person who maliciously or negligently kills, maims or wounds an animal which is the property of another; or
      (2)   Any person or entity, having charge or custody of an animal as owner or otherwise, who: overdrives, overloads, drives when overloaded, overworks; tortures, torments, cruellybeats, mutilates, or cruelly kills an animal; deprives the animal of necessary sustenance, drink or shelter; inflicts unnecessary cruelty upon the animal, or, in any manner abuses an animal; cruelly drives, rides, or otherwise uses the animal when unfit for labor; abandons, drops, or leaves an animal on a street, road or highway, in a public place or on private property with the intent to abandon; or fails to claim an animal from a boarding facility or veterinarian within ten days of the date a registered letter is sent to the person from the boarding facility or veterinarian requesting that the owner reclaim the animal.
   DOMESTIC FOWL. For the purpose of this code, domestic fowl shall be limited to female chickens (hens) and ducks of either gender.
   FERAL ANIMAL. Untamed or wild animal.
   IMPOUNDMENT. The taking of an animal into custody by the Animal Control Officer or by a Police Officer.
   OWNER. Any person owning, keeping, possessing, harboring, maintaining, or having custody or otherwise having control of an animal within the city.
   PET STORE. A commercial establishment that engages in a profit business of selling at retail cats, dogs or other animals, but does not include commercial livestock operations and commercial livestock auction markets. Pet store does not mean a publicly operated pound or a private, charitable not for profit humane society or any animal adoption activity that a pound or humane society conducts off site at any pet store or other commercial enterprise.
   PROVOCATION. Any behavior toward an animal or its owner which is likely to cause a defensive reaction by the animal.
   PUBLIC NUISANCE ANIMAL. Any animal that unreasonably annoys humans or substantially interferes with the rights of citizens, other than their owner, to the enjoyment of life or property. PUBLIC NUISANCE ANIMALshall mean and include, but is not limited to, any animal that:
      (1)   Damages the property of anyone other than its owner.
      (2)   Molests, intimidates, or injures pedestrians or passersby.
      (3)   Chases vehicles.
      (4)   Makes excessively disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.
      (5)   Defecates on any public property or on any private property that is not owned by the owner of the animal. It shall not be a violation of this section if the animal owner removes the defecation in a prompt and sanitary manner.
      (6)   Roams at large, travels or wanders over or through on the property of another without the permission from the owner of that property.
   QUARANTINE. The confinement of any animal, for observation, in a place designated and for a time specified by the Animal Control Officer in accordance with A.R.S. Title 11 State Law and/or State Health Department guidelines.
   SECURE ENCLOSURE. Is an enclosure that meets the following guidelines:
      (1)   It will be of sufficient size to provide the animal with the appropriate exercise space and shall be constructed in such a manner to minimize the risk of injury.
      (2)   The enclosure shall be constructed to include a cover of a material strong enough to prevent the animal from escape.
      (3)   It will contain a floor or footing that will prevent the animal from escape.
         (a)   The floor will be made from concrete, cement, or of blocks or bricks set in concrete; or
         (b)   The footing will be made of concrete or block that starts at the ground level and is at least one foot in depth.
   UNCONFINED. While on the premises of its owner or other responsible person having charge, care, custody, or control, the animal is not within a secure enclosure, or the owner's building.
   VETERINARIAN. A person duly licensed and registered to practice veterinary medicine in the state.
   VICIOUS ANIMAL. Any animal that has a propensity to attack, that bites, attempts to bite, endangers, injures or causes an injury to a human being(s) or other animal(s) without provocation, or has been declared so after a hearing by a City Magistrate, or Justice of the Peace, who makes the determination based upon injury or intimidation.
(‘76 Code, § 6-1-1) (Ord. 786, passed 9-24-87; Am. Ord. 936, passed 10-28-93; Am. Ord. 938, passed 2-24-94; Am. Ord. 1030, passed 3-27-97; Am. Ord. 1077, passed 10-8-98; Am. Ord. 2005-022, passed 11-22-05; Am. Ord. 2010-001, passed 1-14-10; Am. Ord. 2018-006, passed 4-12-18)