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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)
(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)
(1) If the owner is known, and unless the owner signs a statement permanently relinquishing ownership of the animal to the city enforcement agent, the owner shall be provided with a written notice containing, at a minimum, the following information:
a. Within ten (10) days of the owner's receipt of the notice, the city intends to file a written request with the magistrate or special magistrate for a hearing to determine if the animal was in distress or danger or is vicious, destructive or dangerous, and to determine the appropriate remedy, including possible forfeiture.
b. The owner's right to present witnesses and be represented by an attorney at the hearing.
c. The following statement, printed in bold twelve (12) point type or larger capital letters:
YOUR ANIMAL MAY BE HUMANELY DESTROYED IF IT IS FORFEITED TO THE CITY ENFORCEMENT AGENT.
d. The bond amount required pursuant to section 4-11(h), along with a statement that if the bond is not posted within ten (10) days of receipt of the notice, the animal shall be deemed forfeited to the city enforcement agent to be placed by adoption in a suitable home or humanely destroyed.
e. The owner's right to receive disclosure of witnesses and evidence and the owner's obligation to disclose witnesses and evidence as provided in section 4-11(a)(4) and (5).
(2) If the owner's whereabouts cannot be determined, the notice shall be mailed to the owner at the owner's last-known address by registered or certified mail, return receipt requested.
(3) If the city files a written request for a hearing before the magistrate or special magistrate the hearing shall be set for a date not less than fifteen (15) nor more than twenty (20) working days after the request has been filed with Tucson City Court. The request for hearing shall contain either a written description of the legal basis for the hearing or citation to the specific code section and subsection that provides the legal basis for the hearing.
(4) As required disclosure to the other party, each party shall:
a. provide the name of any victim and the names, addresses and telephone numbers of any other witnesses the party plans to call at the hearing with a fair description of the substance of each witness' expected testimony, and
b. make available for examination and reproduction any exhibits and written or recorded statements of any witness which have been prepared and may be offered at the hearing.
(5) The disclosure required by paragraph (4) above shall be made by the city not later than ten (10) days prior to the hearing and by the animal owner not later than five (5) days prior to the hearing. If a party fails to make disclosure as required by this section, the other party shall have the right, if requested, to a recess or continuance to permit examination of the evidence. At the court's discretion, undisclosed evidence or witnesses may be excluded from the hearing.
(b) If the owner fails to appear at the hearing, the magistrate or special magistrate shall order the animal forfeited to the city enforcement agent to be placed by adoption in a suitable home or humanely destroyed.
(c) At the hearing, the magistrate or special magistrate shall order the animal to be forfeited to the city enforcement agent to be placed by adoption in a suitable home or humanely destroyed if the magistrate or special magistrate finds from a preponderance of the evidence either:
(1) That an animal was 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 the well-being of the animal was threatened by a dangerous condition or circumstance; and either:
(3) That the distress of the animal or dangerous condition or circumstance was caused or allowed to be caused by the willful act or omission or negligence of the owner; or
(4) 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.
(d) An animal is deemed to be in distress if it is on a tie-out.
(e) The hearing shall be conducted pursuant to the City of Tucson Local Rules of Practice and Procedure in City Court Civil Proceedings, except that the more specific requirements of this section shall apply in the case of conflicting provisions.
(f) At the hearing, if the magistrate or special magistrate finds by clear and convincing evidence that an animal is dangerous or vicious or destructive, or is a danger to the safety of any person or other animal, then the magistrate or special magistrate shall order the owner to do one (1) or more of the following:
(1) 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
(2) 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, 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, microchipping and tattooing of the animal before banishment; or
(3) That the animal be humanely destroyed.
(g) Use of the civil procedures and remedies provided for in this chapter shall neither require nor preclude other enforcement action on the same facts, including a criminal prosecution of the owner. The civil procedures and remedies provided for in this chapter are remedial and not punitive, and are not precluded by an acquittal or conviction in a criminal proceeding. This section shall not be construed as precluding the destruction of any animal if destruction is otherwise authorized by law, nor shall anything in this section be construed as precluding the spaying or neutering of any animal. If any provision of this section is in conflict with any other provisions of this Code, the provisions of this section shall be controlling.
(h) If an animal is impounded pursuant to this section, the owner must post twenty (20) days of impoundment fees in advance as a bond to defray some of the costs of boarding, impoundment and any veterinary care needed. This sum shall be listed as the bond amount on the notice provided to the owner pursuant to section 4-11(a)(1)(d). If the bond is not posted within ten (10) days of receipt of the notice, the animal shall be deemed forfeited to the city enforcement agent to be placed by adoption in a suitable home or humanely destroyed.
(i) A defendant in a criminal proceeding who testifies at a hearing held pursuant to this section does not, by so testifying, waive the right to remain silent during a trial in the criminal proceeding; and if a defendant in a criminal proceeding does testify at the hearing, neither this fact nor the defendant's testimony at the hearing shall be mentioned at the trial in the criminal proceeding unless the defendant testifies at the trial in the criminal proceeding concerning the same matters.
(j) After a hearing conducted under this section, the magistrate or special limited magistrate shall issue an order that includes written findings of fact and conclusions of law.
(k) Appeal by either party of the decision of the magistrate or special magistrate 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 magistrate or special magistrate who conducted the hearing so certifies, a new hearing shall be conducted before that magistrate or special magistrate. The owner must post a bond equivalent to sixty (60) days of impoundment costs in order to perfect the owner's appeal. Notice of the amount due shall be given to the owner by the magistrate or special magistrate at the time of the order to show cause hearing if forfeiture is ordered. The appealing party shall bear the cost of preparing the record of the hearing on appeal. No appeal shall be taken later than ten (10) days after the decision.
(l) Unless good cause is shown, the owner shall be liable for all veterinary, impound and board fees resulting from the animal's impoundment until a final decision by the magistrate or special magistrate including the pendency of an appeal. The owner shall not be responsible for any fees if the owner prevails at the hearing or ultimately on appeal.
(Ord. No. 6044, § 1, 6-25-84; Ord. No. 6197, § 1, 3-11-85; Ord. No. 8996, § 5, 12-8-97; Ord. No. 9804, § 1, 1-13-03; Ord. No. 10206, § 2, 10-4-05)
(a) Any animal forfeited, abandoned, ownerless or unclaimed, and any other animals to be permanently disposed of by the city enforcement agent, shall be disposed of by one of the following methods:
(1) Placed by adoption in a suitable home; or
(2) Humanely destroyed; or
(3) Transferred to a duly incorporated humane society or other nonprofit corporate animal-welfare organization devoted to the welfare, protection and humane treatment of animals. Transferred animals shall be placed by adoption in a suitable home after first being sterilized; humanely destroyed; or released as part of a community cat program.
(b) As a condition of any transfer of animals under subsection (a)(3), the city enforcement agent shall verify that any organization that receives animals is organized for the pursuit of animal welfare activities, is actively engaged in those activities, does not breed animals nor release unsterilized animals, releases animals only through community cat programs or through adoption into suitable homes after first being sterilized, and complies with the sterilization, placement, and all other applicable provisions of this chapter and other applicable laws. Such verification shall include announced and unannounced inspections of the organization's facilities and records. The city enforcement agent may repossess any animals and their offspring from any organization that is not in compliance with these conditions, and shall repossess these animals if the organization is not in compliance with the mandates set forth in subsection (a)(3), or if the organization or its personnel violate any animal cruelty law. Any organization wishing to receive animals must agree in writing to the terms of this section.
(c) For the purposes of this section, a "community cat program" means a program in which healthy, free-roaming cats are humanely trapped or otherwise humanely captured, sterilized, vaccinated against rabies, ear-tipped, and returned to the location where they were found.
(d) If a city enforcement agent disposes of animals by transfer of the animals pursuant to subsection (a)(3) of this section, and pursuant to written agreement with the city charges the costs associated with that disposition to the city, the city enforcement agent may dispose of animals in that manner and charge the costs to the city only to the extent that the city has previously approved the appropriation of funds for that specific purpose. In the absence of prior city approval to appropriate funds for this purpose, a city enforcement agent may dispose of animals by transfer pursuant to subsection (a)(3) of this section at its own cost.
(Ord. No. 6320, § 1, 10-25-85; Ord. No. 8996, § 6, 12-8-97; Ord. No. 11204, § 1, 10-9-14)
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