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.