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It shall be unlawful for any persons to interfere with any officer authorized to enforce this chapter in the performance of his duties, or to release any animal duly impounded, and any person guilty of such act shall be guilty of a misdemeanor.
(1953 Code, ch. 4, § 24)
Sec. 4-3(1). Cruelty. Whoever overdrives, overloads, overworks, tortures, torments, cruelly beats, mutilates or unlawfully kills an animal, or causes or procures an animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, cruelly beaten, mutilated or killed, and whoever, having charge or custody of an animal, either as owner or otherwise, inflicts unnecessary cruelty upon it, cruelly drives or works it when unfit for labor, or cruelly abandons it, or carries it or causes it to be carried in or upon a vehicle or otherwise, in an unnecessarily cruel or inhumane manner or knowingly and willfully authorizes or permits it to be subjected to unreasonable or unnecessary torture, suffering or cruelty of any kind, shall be guilty of a misdemeanor.
Sec. 4-3(2). Neglect. The purpose of this subsection is to guarantee that animals under human custody or control are housed in healthy environments and are provided with proper food, water, shelter, medical care, exercise space and ventilation. Any person owning or having care, control or custody of any animal shall provide:
(a) That the animal receives daily, food that is free from contamination and is of sufficient quantity and nutritive value to maintain the animal in good health.
(b) That potable water is accessible to the animal at all times, either free-flowing or in a clean receptacle.
(c) That, except for livestock, all animals have convenient access to natural or artificial shelter throughout the year. Any such artificial shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements, and of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation or drainage, shall not comply with this section. Any shelter, all bedding and any spaces accessible to the animal shall be maintained in a manner which minimizes the risk of the animal contracting disease, being injured, or becoming infested with parasites.
(d) That the animal receives care and medical treatment for debilitating injuries, parasites and diseases, sufficient to maintain the animal in good health and minimize suffering.
(e) That the animal is given adequate exercise space as follows:
(1) Within an enclosure that shall be constructed of material, and in a manner, to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition;
(2) Tieouts are prohibited.
(3) Temporary tethering for horses is exempt from the provisions of Tucson Code, subsection 4-3(2)(e)(2).
(f) That the animal has access to adequate ventilation and is protected from temperature extremes at all times. In this connection, it is unlawful for any person to keep any animal in a vehicle or other enclosed space in which the temperature is either so high or so low, or the ventilation is so inadequate, as to endanger the animal's life or health. Any peace officer or county animal control officer is authorized to use whatever force is reasonable and necessary to remove any animal from a vehicle or other enclosed space whenever it appears that the animal's life or health is endangered by extreme temperatures or lack of ventilation within the vehicle or other enclosed space.
No peace officer or county animal control officer shall be liable for damages to property caused by the use of reasonable force to remove an animal from such a vehicle or other enclosed space under such circumstances.
(g) No person shall give or administer anabolic steroids as defined in the United States Code and the relevant sections of the Code of Federal Regulations, to any greyhound dog in training for or being used for racing within the State of Arizona, in order to artificially enhance performance or suppress estrus. This provision may not be waived as dictated by treatment under direction of a licensed veterinarian.
Sec. 4-3(3). Any of the provisions of this section except for the provisions of Section 4-3(2)(g) may be waived as dictated by treatment under direction of a licensed veterinarian.
Sec. 4-3(4). Any person violating the provisions of this section shall be guilty of a misdemeanor.
Sec. 4-3(5). Penalties. A violation of any provision of this section is punishable by a fine of not less than one hundred dollars ($100.00) nor more than two thousand five hundred dollars ($2,500.00). No judge, magistrate or special magistrate may suspend the imposition of the minimum fine prescribed herein. In addition to the fine amount, the penalty may include not more than six (6) months in jail and not more than three (3) years probation, or any combination thereof.
In addition, restitution shall be ordered to the victim. This remedy shall not abridge any civil cause of action by the victim.
In addition, upon finding of neglect or cruelty by a city magistrate or special magistrate, the magistrate or special magistrate may order that the owner shall not be permitted to own or control any animal for a period of up to three (3) years. (Ord. No. 7241, § 1, 7-3-89; Ord. No. 8996, § 1, 12-8-97)
(1953 Code, ch. 4, § 29; Ord. No. 6043, § 2, 6-25-84; Ord. No. 8713, § 1, 6-10-96; Ord. No. 11027, § 1, 10-9-12)
State Law References: Cruelty to animals generally, A.R.S. §§ 13-951--13-953.
Any person who is the owner of, or who has the charge, custody or control of any animal or fowl, who willfully and knowingly permits or aids, abets or encourages, such animal or fowl to engage in a fight with any other animal or fowl within the city, on a wager, or for sport, or for any other purpose, shall be deemed guilty of a misdemeanor.
(1953 Code, ch. 4, § 39)
If any person accidentally or otherwise hits an animal with an automobile or other vehicle and injures the same within the city and goes away without making a reasonable effort to render aid and assistance in the care of such animal, he shall be deemed guilty of a misdemeanor.
(1953 Code, ch. 4, § 25)
It shall be unlawful for any person to harbor or keep within the city any lost or strayed animal. Whenever any animal shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the animal shelter or pound at once.
(1953 Code, ch. 4, § 30)
Sec. 4-7(1). Definitions. In this section, unless the context otherwise requires:
(a) Bite means any penetration of the skin by the teeth of any animal.
(b) 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.
(c) Owner shall be defined in section 4-9 of this article.
(d) 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 minor section 4-7(4), or one that has been declared vicious pursuant to this article.
(e) Police dog means any dog belonging to any law enforcement agency service dog unit.
(f) Provocation means any behavior toward an animal or its owner which is likely to cause a defensive reaction by the animal.
Sec. 4-7(2). Prohibited Activity.
(a) It shall be 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, animal shelters or persons complying with section 4-25 of article II of this chapter, or with the orders of a city magistrate issued pursuant to this article.
(b) 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 misdemeanor, except as provided in minor section 4-7(4).
(c) The owner of any animal that destroys, damages or causes damage to the property of another person is guilty of a misdemeanor.
(d) It is unlawful for any person to fail to comply with an order of a city magistrate or special magistrate regarding a vicious or destructive animal. It is a separate offense for each day that such person fails to comply with the magistrate's order.
Sec. 4-7(3). Penalty. A violation of any provision of this section is punishable by a fine of not less than two hundred dollars ($200.00) nor more than two thousand five hundred dollars ($2,500.00). No magistrate or special magistrate may suspend the imposition of the minimum fine prescribed herein. In addition to the fine amount, the penalty may include not more than six (6) months in jail and not more than three (3) years probation, or any combination thereof.
In addition, unless the animal has been previously forfeited or destroyed, upon a finding of guilt, a magistrate or special magistrate shall declare an animal vicious or destructive and shall order one (1) or more of the following:
(a) That the animal shall be spayed or neutered by a licensed veterinarian at the owner's expense and that the owner of the animal shall comply with the provisions of sections 4-13(e), (f) and (g); or
(b) That the animal be banished from the city limits after first being spayed or neutered, microchipped and tattooed, by a licensed veterinarian at the owner's expense; the animal may be forfeited to the city enforcement agent or the owner shall provide a certificate of spaying or neutering, and microchipping and tattooing from a licensed veterinarian to the city enforcement agent within the time given by the court to ensure the humane destruction of the animal or the spaying or neutering and microchipping and tattooing of the animal before banishment; or
(c) That the animal be humanely destroyed.
In addition, restitution shall be ordered made by the owner to the victim. This remedy shall not abridge any civil cause of action by the victim.
(Ord. No. 6828, § 1, 11-16-87; Ord. No. 6854, § 1, 11-30-87; Ord. No. 7007, § 1, 8-1-88; Ord. No. 7241, § 2, 7-3-89; Ord. No. 9804, § 3, 1-13-03; Ord. No. 10206, § 1, 10-4-05)
Sec. 4-7(4). Defenses. It shall be an affirmative defense to the provisions of this section if the animal is:
(a) Not at large and there is provocation; or
(b) A police dog under the command of its trainer.
(Ord. No. 6197, § 2, 3-11-85; 1953 Code, ch. 4., § 28; Ord. No. 6043, § 3, 6-25-84; Ord. No. 8996, § 2, 12-8-97)
State Law References: Liability for injury caused by animal, A.R.S. § 24-501 et seq.
(a) It shall be unlawful to display or offer for sale, trade, gift or other transfer of ownership or to make a sale, trade, gift or otherwise transfer any animal including birds and reptiles on or from any public street, roadway, right-of-way, sidewalk, park or swap meet.
(b) It shall be unlawful for any person to sell or to give away baby chickens or ducklings under six (6) weeks of age or rabbits under two (2) months of age in less than half- dozen lots as premiums, novelties, prizes, pets or toys, for the promotion of any business, sale, activity or other promotional use.
(c) Exceptions. Subsection (a) shall not prohibit the sale, gift or other transfer of ownership of animals at activities or events that are regulated by other state or county agencies. Subsection (b) shall not be considered to prohibit the sale of display of baby chickens or ducklings or rabbits in proper facilities that comply with the provisions of any sanitary code, or other rules and regulations of the board of health, by breeders and those engaged in the business of selling for commercial breeding and raising purposes. Subsections (a) and (b) of this section shall not prohibit the use of off-site signs or advertising, to the extent such signs or advertising are otherwise permitted.
(d) Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.
(e) Penalties. A violation of any provision of this section is punishable by a fine of not more than three hundred dollars ($300.00) for any person. Each day such violation continues shall constitute a separate offense.
(Ord. No. 2704, § 1, 12-7-64; Ord. No. 10475, § 1, 11-13-07)
In this chapter, unless the context otherwise requires:
(a) Animal means any fowl, reptile, amphibian or mammal, except human beings.
(b) Fowl means a bird of any kind.
(c) Owner means any person owning, keeping, possessing, harboring, maintaining or having custody or otherwise having control of an animal.
(d) Wild animal means any animal which is now or historically has been found in the wild, or in the wild state. Wild state means living in its original, natural condition; not domesticated. Any hybrid cross resulting from the cross breeding between two (2) different species or types of animals, including crosses between wild animal species and domestic animals such as dog-wolf crosses, are considered wild animals.
(Ord. No. 4531, § 1, 6-28-76; Ord. No. 6043, § 4, 6-25-84; Ord. No. 8996, § 3, 12-8-97)
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