Chapter 6.25
DANGEROUS ANIMALS
Sections:
6.25.010 Keeping dangerous animals prohibited.
6.25.020 Declaring an animal dangerous – Impoundment – Notice.
6.25.030 Hearing – Burden of proof – Appeal.
6.25.040 Order of compliance.
6.25.050 Consent to inspection – Inspection – Seizure.
6.25.060 Required acts and unlawful activities.
6.25.070 Violations – Penalties – Minimum penalties.
6.25.080 Other sanctions.
6.25.090 Defenses.
6.25.010 Keeping dangerous animals prohibited.
It is unlawful for any person to keep, control, harbor or otherwise have under control any animal which is dangerous. This chapter shall not apply to zoos, wild animal parks or animal shelters, or to persons who are in compliance with an order of the town magistrate, issued pursuant to this chapter. [Ord. 2005-09 § 1; prior code § 6-5-1.]
6.25.020 Declaring an animal dangerous – Impoundment – Notice.
A. The town enforcement agent shall develop guidelines to determine if an animal is a dangerous animal.
B. Whenever a person is charged with a violation of this chapter, or whenever the town enforcement agent has reason to believe an animal may be dangerous, an evaluation of the animal shall be conducted. The owner of the animal shall produce that animal for evaluation upon request of Pima County animal care or other designated town enforcement agent. The owner shall be responsible for any and all applicable impoundment and boarding fees in connection therewith.
C. A peace officer or Pima County animal care officer or other designated town enforcement agent, upon determining that any animal within the town limits is an immediate danger to the safety of any person or other animal, may impound the animal immediately.
D. If the town enforcement agent declares that an animal is dangerous, the owner shall be notified and issued an order of compliance. Once an animal is declared dangerous, the animal is dangerous until a hearing officer or judge determines otherwise. If the owner is known, he shall be provided with a written notice of his right to file, within five days of receipt of the notice, a written request with the town enforcement agent for a hearing to determine if the animal is dangerous. 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 notice shall be posted on property or mailed forthwith to him at his last known address by registered or certified mail, return receipt requested. [Ord. 2005-09 § 1; prior code § 6-5-2.]
6.25.030 Hearing – Burden of proof – Appeal.
A. The owner of the animal may request a hearing to contest the declaration of dangerousness or contest the confinement conditions ordered by the town enforcement agent.
B. 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 town enforcement agent to be humanely destroyed.
C. If the owner of a nonimpounded animal fails to appear at a hearing or fails to request a hearing, the animal is declared to be dangerous and the order of compliance shall remain in effect.
D. After request for a hearing, the town enforcement agency shall set a hearing date within five working days at a time and place designated by the town enforcement agent. The hearing shall be conducted by a hearing officer selected by the town enforcement agent.
E. 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 rules of evidence do not apply, and hearsay is admissible.
F. It is the burden of the owner of the animal to establish by a preponderance of the evidence that the animal is not dangerous. The owner may be represented by counsel and present witnesses at his cost.
G. The hearing officer shall make a written decision within five working days of the hearing and notify the owner of the animal of the decision.
H. If the decision 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 10 days, whichever is more.
I. 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 town enforcement agent from declaring an animal dangerous again if the agent has additional reasons to believe the animal is dangerous after a new evaluation of the animal is conducted.
J. Appeal of the decision of the hearing officer shall be pursuant to ARS Title 12, Chapter 7, Article 6 (ARS § 12-901 et seq.). 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 30 days after the decision. [Ord. 2005-09 § 1; prior code § 6-5-3.]
6.25.040 Order of compliance.
When an animal is declared dangerous, the town enforcement agent shall issue an order of compliance requiring the owner within 30 days to:
A. Confine the animal sufficiently to prevent the animal’s escape as follows:
1. The town enforcement agent shall determine the appropriate fencing requirements for the size and nature of the animal. The town enforcement agent may require a fence including gates to be six feet in height; the fence from five feet in height to six feet in height to incline to the inside of the confinement area at a 45 degree angle from the vertical; or that the confinement area be wholly covered by a material strong enough to keep the animal from escaping.
2. The town 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 foot below ground level, or deeper if required by the town enforcement agent.
3. The gates to the confinement area shall be locked at all times with a padlock except while entering or exiting.
4. The town 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.
B. Muzzle and restrain the animal outside the confinement area with a leash, chain, rope or similar device not more than six 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 behavior.
C. Post a sign on every gate or entry way to the confinement area stating “Beware of Dangerous Animal, Per Sahuarita Animal Control Code.”
D. Obtain and maintain liability insurance in a single incident amount of $50,000, unless the animal has been declared to be dangerous pursuant to this chapter, in which case the amount of insurance shall be no less than $250,000, to cover any damage or injury that may be caused by the dangerous animal. The town enforcement agent shall maintain a registry of the animals, owners and insurance carrier for each dangerous animal.
E. Pay the reasonable cost to the town enforcement agent to tattoo the animal with an identification number. The town enforcement agent shall maintain a registry of such numbers and the owners of the animals.
F. Have a licensed veterinarian spay or neuter the animal at the owner’s expense. The owner shall obtain written certification signed by the veterinarian that the spaying or neutering has been performed. [Ord. 2005-09 § 1; prior code § 6-5-4.]
6.25.050 Consent to inspection – Inspection – Seizure.
A. By continuing to own an animal declared dangerous, an owner gives consent to the town enforcement agent or any law enforcement officer to inspect the animal declared dangerous, the premises where the animal is kept, the liability insurance documents required for the animal, and the veterinarian’s certificate of spaying or neutering for the animal.
B. The town enforcement agent may seize and impound the dangerous animal if the owner fails to obey the order of compliance. Five days after the seizure, the town 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 chapter shall be in addition to any available criminal penalties. [Ord. 2005-09 § 1; prior code § 6-5-5.]
6.25.060 Required acts and unlawful activities.
A. An owner of an animal declared dangerous shall obey the order of compliance.
B. An owner of an animal declared dangerous shall not sell, give away, abandon or otherwise dispose of the animal without notifying the town enforcement agent in writing in advance.
C. An owner of an animal declared to be dangerous shall provide proof of liability insurance and the veterinarian’s certificate of spaying or neutering to the town enforcement agent upon demand.
D. 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.
E. When the owner of an animal is notified that the town 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 24 hours of a request by the town enforcement agent. The owner shall not sell, give away, hide or otherwise prevent the town enforcement agent from making an evaluation of the animal.
F. The owner of an animal declared to be dangerous shall prevent the animal from running at large as defined in this chapter.
G. The owner of an animal declared to be dangerous shall prevent the animal from biting, injuring or attacking any person or domestic animal outside of the confinement area.
H. The owner of a dog declared to be dangerous shall pay the license fee set forth in Chapter 3.10 STC. [Ord. 2008-07 § 12; Ord. 2005-09 § 1; prior code § 6-5-6.]
6.25.070 Violations – Penalties – Minimum penalties.
A. The owner of any animal that bites, attempts to bite, endangers or otherwise injures or causes injury to human beings or other animals, or destroys, damages or causes damage to the property of another person is guilty of a class one misdemeanor.
B. Wherever in this chapter 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 is a class one misdemeanor.
C. It is unlawful for any person to fail to comply with an order of the magistrate regarding a dangerous animal.
D. Any violation of this chapter shall be punishable, in addition to other penalties already set forth herein, by a fine of not less than $100.00 and/or by imprisonment for not more than six months. No judge may grant probation for or suspend the imposition of the minimum fine prescribed herein. In addition, a person may be placed on probation for not more than three years.
E. Each day any violation continues or occurs shall constitute a separate offense. [Ord. 2005-09 §§ 1, 2; prior code § 6-5-7.]
6.25.080 Other sanctions.
In any civil or criminal proceeding before the municipal court for a violation of this article, in addition to the above sanctions, if an animal has been declared dangerous pursuant to this chapter, the magistrate shall order the owner to do one or more of the following:
A. The animal shall be kept in an enclosure that is high enough so that the animal cannot bite, harm or injure anyone outside the enclosure. The enclosure and property whereon it is located shall be posted with conspicuous warning signs, and at no time shall the animal leave the enclosure unless it is muzzled, leashed and under the control of an adult human being; or
B. The animal be banished from the town limits; or
C. The animal be spayed or neutered at the owner’s expense; or
D. The animal be humanely destroyed; or
E. Restitution up to $1,000 may be ordered made by the owner to the victim. This remedy shall not abridge any civil cause of action by the victim. [Ord. 2005-09 §§ 1, 2; prior code § 6-5-8.]
6.25.090 Defenses.
It shall be an affirmative defense to the provisions of this chapter if the animal is:
A. Not at large and there is provocation; or
B. The dog is a police dog under the command of its trainer. [Ord. 2005-09 § 1; prior code § 6-5-9.]