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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)
(a) Definition. A dangerous animal is one that:
(2) Displays or has a tendency, disposition or propensity, as determined by the city enforcement agent, to:
a. Injure, bite, attack, chase or charge, or attempt to injure, bite, attack, chase or charge a person or domestic animal in a threatening manner; or
b. Bare its teeth or approach a person or domestic animal in a threatening manner.
(b) Exception. A dangerous animal does not include an animal used in law enforcement, nor does this section apply to animals in custody of zoos or wild animal parks, animals placed in animal shelters, animals under the care of veterinarians or wild animals under section 4-25.
(c) Declaring an animal dangerous; notice.
(1) The city enforcement agent shall develop guidelines to determine if an animal is dangerous under section 4-13(a)(2).
(2) Whenever the city enforcement agent has reason to believe an animal is dangerous, an evaluation of the animal shall be conducted.
(3) If the city enforcement agent declares that an animal is dangerous, the owner, if known, shall be notified and issued an order of compliance. Once an animal is declared dangerous, the animal is dangerous and the order of compliance shall remain in effect until a hearing officer or judge determines otherwise. If the owner is known, the owner shall be provided with a written notice containing, at a minimum, the following information:
a. The owner's right to file, within ten (10) days of receipt of the notice, a written request with the city enforcement agent for a hearing in accordance with section 4-13(d).
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 WILL BE HUMANELY DESTROYED IF IT IS FORFEITED OR VOLUNTARILY RELINQUISHED TO THE CITY ENFORCEMENT AGENT.
d. 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 4-13(d)(2) and (3).
(4) If the owner's whereabouts cannot be determined or the animal poses a threat to public safety or domestic animals, the animal shall be impounded and the notice shall be posted on the property or mailed forthwith to the owner's last-known address by registered or certified mail, return receipt requested.
(d) Hearing; disclosure; burden of proof; appeal.
(1) The owner of the animal may request a hearing to contest one (1) or both of the following:
b. The confinement conditions ordered under section 4-13(e)(1).
(2) 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.
(3) The disclosure required by paragraph (2) above shall be made by the city enforcement agent when the owner is given notice that the animal has been declared dangerous 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 hearing officer's discretion, undisclosed evidence or witnesses may be excluded from the hearing.
(4) If the owner of an impounded animal fails to appear at a hearing or fails to request a hearing, the animal shall be forfeited to the city enforcement agent to be humanely destroyed.
(5) If the owner of an animal that has not been impounded fails to appear at a hearing or fails to request a hearing, the declaration that the animal is dangerous and the order of compliance shall remain in effect.
(6) After a request for a hearing, the city enforcement agency shall set a hearing date within ten (10) working days at a time and place designated by the city enforcement agent. The hearing shall be conducted by a hearing officer appointed for that purpose.
(7) The hearing shall be held in an informal manner and a record thereof shall be made by stenographic transcription or by electronic tape recording. The Arizona rules of evidence do not apply, and hearsay is admissible so long as the hearing officer determines that the offered evidence is relevant, material and has some probative value as to a fact at issue.
(8) It is the burden of the city enforcement agent to establish by a preponderance of the evidence that the animal is dangerous. The animal owner may be represented by counsel and present witnesses at the animal owner's cost.
(9) The hearing officer shall make a written decision within five (5) working days of the hearing and notify the owner of the animal of the decision.
a. If the declaration of dangerousness is sustained by the hearing officer, the owner of the animal shall obey the order of compliance issued by the enforcement agent within the time given by the order of compliance or ten (10) days whichever is more.
b. If the animal is found not to be dangerous, the order of compliance is null and void. The finding that an animal is not dangerous does not prevent the city enforcement agent from declaring an animal dangerous again if the agent has additional reasons, supported by facts or evidence not at issue in the prior proceeding, to believe the animal is dangerous after a new evaluation of the animal is conducted.
(10) Appeal by either party of the decision of the hearing officer 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 hearing officer who conducted the hearing so certifies, a new hearing shall be conducted before that officer. The appealing party shall bear the cost of preparing the record of the hearing on appeal. No appeal shall be taken later than thirty (30) days after the decision.
(e) Order of compliance, confinement, muzzling, signs, insurance, identification, spaying or neutering, microchipping and tattooing. When an animal is declared dangerous, the city enforcement agent shall issue an order of compliance requiring the owner within thirty (30) days to have a licensed veterinarian spay or neuter, microchip and tattoo the animal at the owner's expense and to pay the license fee as indicated in T.C. Section 4-82. The owner shall obtain written certification signed by the veterinarian that the spaying or neutering, microchipping and tattooing has been performed. In addition, the order of compliance may require the owner to do one (1) or more of the following:
(1) Confine the animal sufficiently to prevent the animal's escape as follows:
a. The city enforcement agent shall determine the appropriate fencing requirements for the size and nature of the animal. The city enforcement agent may require a fence including gates to be six (6) feet in height; the fence, from five (5) feet in height to six (6) feet in height to incline to the inside of the confinement area at a forty-five-degree angle from the vertical; or that the confinement area be wholly covered by a material strong enough to keep the animal from escaping.
b. The city enforcement agent may require the bottom of the confinement area to be of concrete, cement or asphalt, or of blocks or bricks set in concrete or cement; or if such bottom is not provided, then a footing of such material shall be placed along the whole perimeter of the confinement area to a depth of one (1) foot below ground level, or deeper if the city enforcement agent determines that greater depth is necessary to confine the animal.
c. The gates to the confinement area shall be locked at all times with a padlock except while entering or exiting.
d. The city enforcement agent may require temporary confinement measures until the order of compliance has been obeyed or the hearing officer determines that the animal is not dangerous. If the owner does not immediately comply with the temporary confinement requirements, the animal shall be impounded.
(2) Muzzle and restrain the animal outside of the confinement area with a leash, chain, rope or similar device not more than six (6) feet in length sufficient to restrain the animal and under the control of a person capable of preventing the animal from engaging in any prohibited activity.
(3) Post a sign on every gate or entry way to the confinement area stating: "Beware of Dangerous Animal. Per T.C. section 4-13." The sign shall be provided by the city enforcement agent.
(4) Obtain and maintain liability insurance in a single incident amount of fifty thousand dollars ($50,000.00), unless that animal has been declared to be vicious or destructive pursuant to section 4-7 or 4-11 of the Tucson Code, in which case the amount of insurance shall be no less than two hundred fifty thousand dollars ($250,000.00), to cover any damage or injury that may be caused by the dangerous animal. The city enforcement agent shall maintain a registry of the animals, owners and insurance carrier for each dangerous animal.
(5) Pay the reasonable cost to the city enforcement agent to tattoo and microchip the animal with an identification number. The city enforcement agent shall maintain a registry of such numbers and the owners of the animals.
(f) Consent to inspection, inspection, failure to obey order of compliance, seizure of animal.
(1) By continuing to own an animal declared dangerous, an owner gives consent to the city enforcement agent or any law enforcement officer to inspect the animal, the premises where the animal is kept, the liability insurance documents required for the animal, and the veterinarian's certification of spaying or neutering, microchipping and tattooing for the animal.
(2) The city enforcement agent may seize and impound the dangerous animal if the owner fails to obey the order of compliance. Five (5) days after seizure, the city enforcement agent may humanely destroy the animal unless the owner has demonstrated obedience to the order of compliance. The owner of the animal is responsible for any impound fees. If the owner of the animal demonstrates proof that the order of compliance has been obeyed, then the animal will be returned to the owner after payment of impound fees. Any action taken under this section shall be in addition to any criminal penalties set out in section 4-13(h).
(g) Required acts and unlawful activities.
(1) An owner of an animal declared dangerous shall obey the order of compliance.
(2) An owner of an animal declared dangerous shall not sell, give away, abandon or otherwise dispose of the animal without notifying the city enforcement agent in writing in advance.
(3) An owner of an animal declared dangerous shall provide proof of licensure at the rate indicated in T.C. Section 4-82, liability insurance and the veterinarian's certificate of spaying or neutering, microchipping and tattooing, to the city enforcement agent upon demand.
(4) An owner of an animal declared dangerous shall not prevent or try to prevent inspection of the animal or the premises where the animal is kept.
(5) When the owner of an animal is notified that the city enforcement agent is evaluating an animal or wants to evaluate an animal to determine if the animal is dangerous, the owner of the animal shall present the animal for inspection within twenty-four (24) hours of a request by the city enforcement agent. The owner shall not sell, give away, hide or otherwise prevent the city enforcement agent from making an evaluation of the animal.
(6) The owner of an animal declared dangerous shall prevent the animal from running at large as defined in section 4-97 of the Tucson Code.
(7) The owner of an animal declared dangerous shall prevent the animal from biting, injuring or attacking any person or domestic animal outside of the confinement area.
(h) Minimum penalties, enhancement.
(1) A person convicted for the first time of any offense prohibited by section 4-13(g)(1) through (6) shall be punished by imprisonment for not less than twenty-four (24) hours nor more than six (6) months and by a fine of not less than one hundred dollars ($100.00) nor more than two thousand five hundred dollars ($2,500.00). A person convicted of a second or subsequent offense prohibited by section 4-13(g)(1) through (6) shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months and by a fine of not less than two hundred dollars ($200.00) nor more than two thousand five hundred dollars ($2,500.00). No judge may grant probation to or suspend the imposition of the minimum jail sentence and fine prescribed herein upon a conviction of any offense prohibited in section 4-13(g)(1) through (6). In addition, a person convicted of any offense prohibited in section 4-13(g)(1) through (6) may be placed on probation for not more than three (3) years and the dangerous animal may be ordered humanely destroyed or banished from the city after first being spayed or neutered, microchipped and tattooed by a licensed veterinarian at the owner's expense. If the animal is not spayed or neutered, microchipped and tattooed within the time given by the court, the animal is forfeited to the city enforcement agent to be humanely destroyed. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein.
(2) A person convicted of violating section 4-13(g)(7) shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months and by a fine of not less than five hundred dollars ($500.00) nor more than two thousand five hundred dollars ($2,500.00). No judge may grant probation to or suspend the imposition of the minimum jail sentence and fine prescribed herein upon a person convicted of violating section 4-13(g)(7). In addition, a person convicted of violating section 4-13(g)(7) may be placed on probation for not more than three (3) years and the dangerous animal shall be ordered humanely destroyed. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein.
(3) Wherever in this section any act is prohibited or declared to be unlawful or the doing of any act is required or the failure to do an act is declared to be unlawful, the violation of such provision of this section is a misdemeanor punishable (except for the penalties already set forth for section 4-13(g) by a fine of not less than one hundred dollars ($100.00) and not more than two thousand five hundred dollars ($2,500.00) and/or by imprisonment of not more than six (6) months. No judge may grant probation to or suspend the imposition of the minimum fine prescribed herein. In addition, a person may be placed on probation for not more than three (3) years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein.
(4) Each day any violation continues or occurs shall constitute a separate offense.
(Ord. No. 6828, § 2, 11-16-87; Ord. No. 9804, § 2, 1-13-03; Ord. No. 10206, § 3, 10-4-05)
A violation of this section shall be punishable by imprisonment for not less than twenty- four (24) hours nor more than six (6) months and by a fine of not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00). No judge may grant probation to or suspend the imposition of the minimum jail sentence and fine prescribed herein.
In addition, restitution up to one thousand dollars ($1,000.00) shall be ordered to the victim, if any, for damages caused by an owner's failure to comply with this section. This remedy shall not abridge any civil cause of action by the victim.
This section shall not apply where an animal has bitten a member of the owner's household.
(Ord. No. 7241, § 7, 7-3-89)
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