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)