ARTICLE 7-4
Animals at Large
Section
7-4-1 Definitions
7-4-2 Animals prohibited at large
7-4-3 Disposition of animals at large
7-4-4 Penalties
7-4-5 Exception
7-4-1 DEFINITIONS.
For purposes of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ANIMAL means and includes any species or crossbreeding of livestock, fowl, swine, exotic animal, primate, reptile or rodent or other similar animal including dogs.
AT LARGE means any animal which is:
(1) on any public land or land belonging to a person other than the owner of the animal while not restrained and under the immediate control of the owner or other person acting for the owner by means of a leash, chain or other physical restraint of sufficient strength to control the animal while off the premises of its owner; or
(2) left unattended in a motor vehicle or the bed of a pickup truck and is not tethered or confined in a manner sufficient to prevent the animal from exiting the vehicle of its own volition or posing a risk to passersby.
Exception: Dogs are not considered to be at large when inside the fenced enclosure of the City of Goodyear designated off leash dog areas and parks.
CATTLE means any cow, bull and/or steer.
DAMAGE means any physical or visual impairment of any surface and/or property and/or physical injury to any person.
EXOTIC ANIMAL means and includes any species or crossbreeding of llama, alpaca, camel, lion, tiger, bear, bobcat, fox, or other similar animal.
FOWL means and includes any species or crossbreeding of chickens, turkeys, ostriches, emus, peacocks, ducks, geese, guineas, pigeons, pheasants or bird.
LIVESTOCK means and includes any species or crossbreeding of cattle, horse, mule, donkey, burro, antelope, deer, bison, swine, sheep, goat, zebra, bovine or other similar farm or ranch animal, excluding dogs.
OWNER means any person that has possession of, custody, control, owns, keeps, harbors, maintains or is responsible for an animal, livestock, or fowl.
PERSON means any individual, firm, association, partnership, corporation, or other legal entity.
PRIMATE means and includes any species or crossbreeding of any placental mammal of the order Primates, including lemurs, lorises, monkeys, and apes, but excluding humans.
PROPERTY means anything tangible, whether public or private, real or personal, which has value.
REPTILE means and includes any species or crossbreeding of snakes, lizards, alligators or crocodiles.
RODENT means and includes any species or crossbreeding of rat, rabbits, chinchillas and other similar mammals.
SWINE means and includes any species or crossbreeding of pigs, hogs, potbellied pigs or any member of the Suidae Family.
WORKING ANIMAL means an animal specifically trained or inherently designed to assist in maintaining and working livestock, or providing assistance to any person with a disability, or providing a service to a governmental agency or private rescue and tracking organization. This does not include guard dogs for personal property.
(Ord. 11-1247, passed 10-24-2011)
7-4-2 ANIMALS PROHIBITED AT LARGE.
(A) It is unlawful for any person to turn loose, abandon, allow, permit, cause, enable or fail to prevent any animal to be or remain at large within the City.
(B) It is unlawful for any person to tether or tie any animal in such a manner that it may go upon or into any street or public place, or upon the property owned or possessed by another.
(C) It shall be a defense to subsections (A) and (B) of this section that consent of the affected property owner(s) was obtained prior to the animal being at large or if the animal was a working animal and in the performance of their assigned tasks.
(D) Presumptions:
(1) A rebuttable presumption of ownership exists for animals that bear the recorded brand or earmark of the person as shown by a certified copy of the record as provided in A.R.S. § 3-1261 as amended; or
(2) A rebuttable presumption of ownership exists with respect to each adult resident of the premises upon which animals are kept, maintained, harbored, controlled, cared for or possessed on the date of the violation; or
(3) A rebuttable presumption of ownership exists if the person temporarily or permanently provides food or shelter to the animal.
(Ord. 11-1247, passed 10-24-2011)
7-4-3 DISPOSITION OF ANIMALS AT LARGE.
Animals found in violation of this article may be impounded and disposed of as provided by law.
(Ord. 11-1247, passed 10-24-2011)
7-4-4 PENALTIES.
(A) Violations of any provisions of this article are subject to all criminal and civil penalties available as provided in Article 1-8 and Chapter 18 in Goodyear City Code.
(B) In addition to the penalties provided in Article 1-8 and Chapter 18, the court shall have the authority to order restitution for any and all damages, costs, impoundment, losses and/or expenses resulting from or related to the animal being at large, unless otherwise prohibited by law.
(Ord. 11-1247, passed 10-24-2011)
7-4-5 EXCEPTION.
(A) This article does not apply to cattle found south of Patterson Rd. in the City of Goodyear.
(B) Any penalties imposed pursuant to this article relating to livestock at large shall not apply to lands that are annexed or incorporated into the City for two years after annexation or incorporation.
(Ord. 11-1247, passed 10-24-2011)