Sec. 4-96. Reserved.

   Editors Note: Former § 4-96, relative to impounding and disposition of biting dogs or dogs suspected of rabies, was repealed by § 18 of Ord. No. 6043, adopted June 25, 1984. The former section was derived from ch. 4. art. II, §§ 5.2--5.6 of the 1953 Code, as amended by the following: Ord. No. 2558, § 1, adopted Dec. 16, 1963; Ord. No. 3078, §§ 1, 2, adopted Jan. 15, 1968; and Ord. No. 3711, § 1, adopted Sept. 7, 1971.

Sec. 4-97. Being at large prohibited; exceptions; impoundment; penalties.

   Sec. 4-97(1). It shall be unlawful for any dog owned, possessed, harbored, kept or maintained to be upon public streets, sidewalks, alleys, parks or other public property unless such dog is restrained by means of a leash, chain, rope, cord or similar device not more than six (6) feet in length, and of sufficient strength to control the action of such dog, except as may otherwise be provided in this Code.

The owner of any dog found to be at large shall be guilty of a misdemeanor and punished pursuant to this section. (Ord. No. 7241, § 6, 7-3-89)

   Sec. 4-97(2). It shall be unlawful for any dog owned, possessed, kept, harbored or maintained to be at large upon or about the private property of any person, including that of the owner of such dog. Confinement shall be accomplished by means of a fence or similar enclosure of sufficient strength and height to prevent the dog from escaping therefrom, or inside a house or other building, to keep the dog exclusively on the premises where secured. Tieouts are prohibited.

The owner of any dog found to be at large shall be guilty of a misdemeanor and punished pursuant to this section. (Ord. No. 7241, § 6, 7-3-89; Ord. No. 8713, § 4, 6-10-96)

   Sec. 4-97(3). Police dogs, dogs while participating in dog training classes, dogs while being exhibited or trained at a kennel club event, or dogs while engaged in races approved by the Arizona Racing Commission, shall be exempt from the provisions of minor sections 4-97(1) and 4-97(2), provided that the dog is accompanied by and under the control of his owner or trainer; dogs confined within a city maintained temporary or permanent dog run located within a park will be exempt from the provisions of minor sections 4-97(1). (Ord. No. 9167, § 1, 11-23-98; Ord. No. 9547, § 1, 5-7-01)

   Sec. 4-97(4). The city enforcement agent shall impound, or cause to be impounded, any dog running at large contrary to the provisions of this article. Prior to redemption or adoption, the city enforcement agent may microchip the dog at the owner's expense. (Ord. No. 10206, § 6, 10-4-05)

   Sec. 4-97(5). A person convicted of the offense prohibited by minor section 4-97(1) or 4-97(2) shall be punished as follows:

For a first conviction within a twelve-month period, by a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00), by imprisonment for not more than four (4) months, by probation for not more than three (3) years, or any combination thereof; for a second conviction within a twelve-month period, by a fine of not less than one hundred fifty dollars ($150.00) nor more than seven hundred fifty dollars ($750.00), by imprisonment for not more than four (4) months, by probation for not more than three (3) years, or any combination thereof; for a third or subsequent conviction within a twelve-month period, by a fine of not less than two hundred dollars ($200.00) nor more than seven hundred fifty dollars ($750.00), by imprisonment of not more than four (4) months, by probation for not more than three (3) years, or any combination thereof.

No judge may suspend the imposition of the minimum prescribed fine. In addition, the judge shall order abatement as necessary. (Ord. No. 5010, § 2, 9-10-79; Ord. No. 6043, § 19, 6-25-84; Ord. No. 7241, § 6, 7-3-89; Ord. No. 9159, § 4, 11-9-98; Ord. No. 10475, § 2, 11-13-07)

(1953 Code, ch. 4, art. II, §§ 6.1--6.4: Ord. No. 2558, § 1, 12-26-63; Ord. No. 2567, §§ 1, 2, 1-6-64; Ord. No. 5219, § 4, 9-22-80)

Sec. 4-98. Impounding unlicensed dogs.

The city enforcement agent may apprehend and impound, or cause to be impounded, any dog found without a license tag for the current year. Prior to redemption or adoption, the city enforcement agent may microchip the dog at the owner's expense.

(1953 Code, ch. 4, art. II, § 6.5; Ord. No. 2558, § 1, 12-16-63; Ord. No. 9605, § 1, 9-10-01; Ord. No. 10206, § 7, 10-4-05)

Sec. 4-99. Impoundment time, notice and costs.

   Sec. 4-99(1). Upon impounding any licensed dog, the owner shall be promptly notified and such owner may reclaim his dog within five (5) days from the date of the actual notice or mailing of notice, upon proof of ownership and payment of all costs and charges incurred in impounding and maintaining the dog.

   Sec. 4-99(2). Impounding costs may be set from time to time by the city manager to include an assessment of not less than the amount set in the Pima County Code for the impoundment of any dog, for pickup or delivery of the dog, and for each day the city impoundment agent cares for and feeds the dog. Prior to redemption or adoption, the city enforcement agent may microchip the dog at the owner's expense. (Ord. No. 4315, § 4, 1-27-75; Ord. No. 4671, § 1, 6-20-77; Ord. No. 7240, § 1, 7-3-89; Ord. No. 10206, § 8, 10-4-05; Ord. No. 10430, § 3, 6-26-07)

   Sec. 4-99(3). If an impounded dog is unlicensed, the owner may reclaim such dog within three (3) days upon paying all costs and charges as provided for by this article and after securing a vaccination and a license for such dog. Any dog not claimed within the prescribed time, whether licensed or unlicensed, shall be placed in a suitable home, or shall be humanely destroyed.

   Sec. 4-99(4). Any unlicensed dog which apparently is suffering from serious injuries and is in great pain and probably would not recover, or which has evidence of rabies, mange or other infectious disease which is a danger to other dogs, shall be humanely destroyed by a city enforcement agent in as humane a manner as possible after reasonable efforts to notify the owner have failed.

   Sec. 4-99(5). Any licensed dog which apparently is suffering from serious injuries and is in great pain and probably would not recover, or which has evidence of rabies, mange, or other infectious disease which is a danger to other dogs, shall be humanely destroyed by a city enforcement agent in as humane a manner as possible after reasonable efforts to notify the owner have failed, and after authorization by a veterinarian. The veterinarian's charge or fee shall be paid by the owner.

   Sec. 4-99(6).

   (a)   Any unaltered dog which has been impounded more than once within any twelve (12) month period shall be spayed or neutered by a licensed veterinarian at the owner's expense. If the unaltered dog has not been spayed or neutered within ten (10) days of impoundment the dog will be relinquished to the city enforcement agent, to be disposed of pursuant to Tucson Code section 4-12.

   (b)   Notice of this requirement shall be given to the owner at the time of the first release of the impounded unaltered dog. Upon a second impoundment within twelve (12) months, any owner who contests the spaying or neutering of the unaltered dog including whether or not the dog is already spayed or neutered or cannot be altered for health reasons, will receive a request for hearing form from the city enforcement agent. The request for hearing must be filed within twenty-four (24) hours of receipt of the form or no hearing will be held and the dog will be altered at the owner's expense by a licensed veterinarian or relinquished to the city enforcement agent. If the city enforcement agent is presented with a veterinarian's certificate stating that the dog cannot be altered for health reasons or is already spayed or neutered then no hearing shall be held and the dog shall be returned to the owner. If the city enforcement agent does not accept a certificate, the hearing shall proceed. After a request for a hearing has been filed, the city enforcement agent shall set a hearing date within three (3) working days at a time and place designated by the city enforcement agent. The hearing shall be conducted by a hearing officer selected by the city enforcement agent and shall be informal in manner. The burden of proof is on the owner to establish by a preponderance of the evidence that the dog is in fact spayed or neutered or cannot be altered for health reasons.

(1953 Code, ch. 4, art. II, § 7: Ord. No. 2558, § 1, 12-16-63; Ord. No. 7998, § 4, 6-7-93; Ord. No. 9159, § 5, 11-9-98; Ord. No. 11376, § 1, 6-21-16)

Sec. 4-100. Reserved.

   Editors Note: Section 4-100, prohibiting howling, etc., dogs from disturbing the peace, derived from Ord. No. 2829, § 1, adopted Dec. 13, 1965, and Ord. No. 4469, § 1, adopted Apr. 1976, was repealed by § 1 of Ord. No. 5886, adopted Oct. 17, 1983. This subject is now covered by § 11-73(3).

Sec. 4-101. Reserved.

   Editors Note: Section 4-101, establishing a fee for the dogs from the city enforcement agent, derived 4671, § 2, adopted June 20, 1977, and Ord. of July 6, 1981, was repealed by Ord. of Aug. 5, 1985.

Sec. 4-102. Dog waste removal; exceptions.

It shall be unlawful for the owner or person having custody of any dog to fail immediately to move and dispose of in a sanitary manner any solid waste deposited by such dog on public property or deposited on private property without the consent of the person in control of the property. This section shall not apply to blind persons, persons with mobility disabilities, or police officers or other law enforcement officers accompanied by police dogs while on emergency.

(Ord. No. 5219, § 5, 9-22-80)