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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)
(a) A peace officer or a city enforcement agent 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, tie-out, 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 he 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 and may be a danger to the safety of any person or other animal.
(b) An animal is deemed to be in distress if it is on a tie-out.
(Ord. No. 6043, § 5, 6-25-84; Ord. No. 8996, § 4, 12-8-97)
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