§ 90.04 IMPOUNDMENT; SEIZURE; REDEMPTION; DISPOSITION.
   (A)   (1)   Any dog or other animal, including livestock, found running at large shall be impounded or in the case of livestock, seized and sold as a stray animal in accordance with the procedures set forth in A.R.S. §§ 3-1401 - 3-1404, at the discretion of the enforcement agent. If any dangerous, vicious or fierce dog or animal is unconfined and poses a potential danger to the public, that animal may be immediately slain.
      (2)   Upon the impounding of any dog or other animal, the enforcement agent shall immediately give the owner or custodian notice of the impounding, either personally or by certified mail, addressed to the owner or custodian’s last known address if the owner or custodian is known or can be ascertained by reasonable investigation. The enforcement agent shall, within 24 hours after taking up and impounding any animal, except a dog, make a report to the office of the City Clerk, stating the kind of animal and describing it by color otherwise, or by any marks or brands that may be on it and when it was taken up and impounded.
      (3)   If the owner of a dog found running a large within the city limits can be ascertained at the time of or immediately following the occurrence of the violation of this chapter, and the owner immediately confines or leashes the dog, the enforcement agent may issue a citation to that owner in lieu of impounding the dog.
   (B)   The enforcement officer and police officers may enter upon any premises and seize any animal that the enforcement officer or police officer has probable cause to believe is involved in a violation of a state statute or city ordinance.
   (C)   (1)   Any dog or other impounded animal may be redeemed by the owner or custodian upon providing proof of legal right to possession of said dog or other animal and the payment of an impoundment fee to defray part of the cost of maintenance of such dog or animal. A surcharge shall be added to the impound fee for each subsequent time the same dog or other animal is impounded.
      (2)   If the animal is a dog and unlicensed, the owner must, in addition to the fees provided for above, pay the license fee for the current year and present a current, valid certificate of vaccination against rabies. If the dog is licensed and the tag bearing the license number is lost or damaged, the owner shall pay for a replacement tag before the dog is released.
      (3)   The fees for impoundment shall be adopted by Council resolution at a duly constituted meeting and shall include fine amounts for first offense, second offense, and third and each subsequent offense. In addition to the initial fee for impoundment, there shall be a per day charge for boarding and animal maintenance adopted by Council resolution at a duly constituted meeting.
      (4)   If the animal is believed to be the victim of a crime, the animal may be held by the city so long as necessary for the criminal case.
   (D)   Any dog or other animal, which is not claimed within 72 hours (excluding weekends and legal holidays) after notification of the impoundment is sent to the owner, may be purchased for the cost of the impoundment fee, including spaying or neutering. Any dog or other animal not redeemed or purchased may be destroyed or transferred to an animal shelter. If the dog or cat is not reclaimed within the impoundment period, the enforcement agent shall take possession of and may place the dog or cat for sale or may dispose of the dog or cat in a humane manner. The enforcement agent may destroy impounded sick or injured dogs or cats if destruction is necessary to prevent the dog or cat from suffering or to prevent the spread of disease.
(Ord. 919, passed - -2011)