Chandler Arizona

Phoenix Arizona

Chandler Arizona

Code City of Chandler Arizona

Chapter 14 ANIMALS*

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*Editor's note: Ord. No. 3044, § 2, adopted Nov. 4, 1999, renumbered former Ch. 4, which pertained to animals and fowl, as the new Ch. 14, as it reads hereinbelow. See the Code Comparative Table.

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Article I. In General

14-1. Definitions.

14-2. Poisonous snakes and reptiles prohibited.

14-3. Consent required to keep animals within two hundred (200) feet of residences; exceptions as to household pets.

14-4. Exceptions as to veterinary hospitals.

14-5. Keeping pets for sale in business district.

14-6. Cruelty to animals.

14-7. Keeping hogs, donkeys, roosters, etc.

14-8. Animals at large.

14-9. Reserved.

14-10. Barking, etc., dogs.

14-11. Duty upon injury to animals by motor vehicles.

14-12. Poisoning animals.

14-13. Abandoning animals.

14-14. Enforcement of article.

Article II. Dogs

14-15. Definitions.

14-16. Powers and duties of the State Veterinarian and Livestock Board.

14-17. Powers and duties of State Department of Health Services.

14-18. Powers and duties of Enforcement Agent.

14-19. License fees for dogs; issuance of dog tags; records; penalties.

14-20. Anti-rabies vaccination; vaccination and license stations.

14-21. Rabies control fund.

14-22. Dogs not permitted at large; wearing licenses.

14-23. Establishment of pounds; impounding and disposing of dogs and cats; reclaiming impounded dogs and cats; pound fees.

14-24. Proper care, maintenance and destruction of impounded animals.

14-25. Removing impounded animals.

14-26. Handling of biting animals; responsibility for reporting animal bites.

14-27. Dogs; liability.

14-28. Unlawful keeping of dogs.

14-29. Unlawful interference with Enforcement Agent.

14-30. Violation; classification.

ARTICLE I. IN GENERAL

14-1. Definitions.

For the purposes of this article the following words and phrases shall have the meanings respectively ascribed to them by this section:

Owner is any person, group of persons or corporation owning, keeping or harboring an animal.

Vicious dog means a dog which has bitten a person, or that has a known propensity to attack or bite human beings.

(Ord. No. 201; Ord. No. 329, § 1; Ord. No. 3044, § 2, 11-4-99)

14-2. Poisonous snakes and reptiles prohibited.

It shall be unlawful within the City to keep any poisonous reptile or poisonous snake.

(Ord. No. 274; Ord. No. 3044, § 2, 11-4-99)

14-3. Consent required to keep animals within two hundred (200) feet of residences; exceptions as to household pets.

No animal or fowl of any kind, except household pets, shall be kept or permitted in the City within a distance of two hundred (200) feet from the residence of any person, except the owner of the animal or fowl, or except the residence of any person who shall sign a written consent that the animals or fowl may be kept within such distance of their residence.

(Ord. No. 274; Ord. No. 3044, § 2, 11-4-99)

14-4. Exceptions as to veterinary hospitals.

There shall be excepted from the preceding and following sections household pets being cared for by a veterinarian in a regularly established veterinary hospital.

(Ord. No. 274; Ord. No. 3044, § 2, 11-4-99)

14-5. Keeping pets for sale in business district.

Nothing in sections 14-2 through 14-4 shall prohibit the keeping of pets for sale in a business district properly zoned for such sale.

(Ord. No. 274; Ord. No. 3044, § 2, 11-4-99)

14-6. Cruelty to animals.

Whenever any person drives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, cruelly beats, mutilates, cruelly kicks or causes or procures an animal to be overdriven, overloaded, overworked, tortured or tormented, deprived of necessary sustenance, cruelly beaten, mutilated or killed, and whoever having the charge or custody of any animal, either as owner or otherwise, inflicts unnecessary cruelty upon it, or unnecessarily fails to provide it with proper food, drink, shelter or protection from the weather, shall be guilty of a misdemeanor.

(Ord. No. 1, Tit. 12, § 12; Ord. No. 3044, § 2, 11-4-99)

14-7. Keeping hogs, donkeys, roosters, etc.

It shall be unlawful for any person to have, herd, or keep any hog, pig, shoat, jack, jenny, burro, donkey or rooster, within the City.

(Ord. No. 1, Tit. 11, § 13; Ord. No. 3044, § 2, 11-4-99)

14-8. Animals at large.

Any person owning or having under his/her control or charge any animal or fowl who shall permit such animal or fowl to run at large or trespass upon property owned or possessed by another or in or upon any street, alley or other public place shall be guilty of a misdemeanor.

(Ord. No. 1, Tit. 11, § 14; Ord. No. 3044, § 2, 11-4-99)

14-9. Reserved.

Note: Superseded by Ordinance No. 329, see § 4-15 et seq. Currently § 14-15 et seq.

14-10. Barking, etc., dogs.

It shall be unlawful for any person to keep, harbor or have custody within the City any dog which barks, howls or makes noises by day or night which disturbs the peace and quiet of any person or family in the neighborhood.

(Ord. No. 201, § 8; Ord. No. 3044, § 2, 11-4-99)

14-11. Duty upon injury to animals by motor vehicles.

Any person who knowingly injures a canine, feline or other domestic animal while in operation of a motor vehicle, shall take reasonable steps to locate the owner thereof, and shall render to such injured animal reasonable assistance.

(Ord. No. 201, § 11; Ord. No. 3044, § 2, 11-4-99)

14-12. Poisoning animals.

Every person who wilfully administers any poison to a cat, dog or domestic animal, the property of another, or exposes any poisonous substance or substances where the same may be available to any child, dog, cat or domestic animal shall be guilty of a misdemeanor.

(Ord. No. 201, § 12; Ord. No. 3044, § 2, 11-4-99)

14-13. Abandoning animals.

Every owner who shall abandon an animal or shall permit the same to be in any building, inclosure, lane, street, road, highway, acreage or desert area without proper care and attention shall be deemed guilty of a misdemeanor.

(Ord. No. 201, § 13; Ord. No. 3044, § 2, 11-4-99)

14-14. Enforcement of article.

The provisions of this article shall be enforced by the Chief of Police of the City.

(Ord. No. 201, § 9; Ord. No. 329, § 1; Ord. No. 3044, § 2, 11-4-99)

ARTICLE II. DOGS*

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*Editor's note: Ord. No. 784, § 1, adopted Oct. 23, 1978, specifically amended the Code by revising Art. II to read as herein set out. Former Art. II, which pertained to the same subject matter, had been derived from Ord. No. 329, § 2; Ord. No. 575, § 1, 9-27-73; and Ord. No. 774, §§ 1--4, adopted Aug. 10, 1978. The article was further amended by § 1 of Ord. No. 1620, adopted May 22, 1986.

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14-15. Definitions.

In this article, unless the context otherwise requires:

Animal means any animal of a species that is susceptible to rabies, except man.

At large means on or off-premises of owner and not under control of owner or other persons acting for the owner. Any dog in a suitable enclosure or confined shall not be considered to be running at large.

Custodian means any person keeping, possessing, harboring or maintaining any dog.

Department means the State Department of Health Services.

Enforcement Agent means that person in each County who is responsible for the enforcement of this article and the regulations promulgated thereunder.

Impound means the act of taking or receiving into custody by the Enforcement Agency any dog or other animal for the purpose of confinement in an authorized pound in accordance with the provisions of this article.

Kennel means an enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors or maintains five (5) or more dogs under controlled conditions.

Livestock means neat animals, horses, sheep, goats, swine, mules and asses.

Owner means any person keeping an animal other than livestock for more than six (6) consecutive days.

Pound means any establishment authorized for the confinement, maintenance, safekeeping and control of dogs and other animals that come into the custody of the enforcement agent in the performance of his/her official duties.

Rabies quarantine area means any area in which a state of emergency has been declared to exist due to the occurrence of rabies in animals in or adjacent to this area.

Rabies vaccination certificate means a method of recording and duplicating rabies information that is in compliance with the County Enforcement Agent's licensing system and/or County Enforcement Agent's prescribed forms.

Stray dog means any dog four (4) months of age or older running at large that is not wearing a valid license tag.

Vaccination means the administration of an anti-rabies vaccine to animals by a veterinarian, or in authorized pounds by employees trained by a veterinarian.

Veterinarian, unless otherwise indicated, means any veterinarian licensed to practice in this State or any veterinarian employed in this State by a governmental agency.

Veterinary hospital means any establishment operated by a veterinarian licensed to practice in this State that provides clinical facilities and houses animals or birds for dental, medical or surgical treatment. A veterinary hospital may have adjacent to it or in conjunction with it or as an integral part of it, pens, stalls, cages or kennels for quarantine, observation or boarding.

Vicious animal means any animal of the order Carnivora that has a propensity to bite human being without provocation, and has been so declared after a hearing before a Justice of the Peace or a City Magistrate.

(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 1864, § 1, 8-20-87; Ord. No. 3044, § 2, 11-4-99)

14-16. Powers and duties of the State Veterinarian and Livestock Board.

A. The State Veterinarian shall designate the type or types of anti-rabies vaccines that may be used for vaccination of animals, the period of time between vaccination and revaccination, and the dosage and method of administration of the vaccine.

B. The Arizona Livestock Board shall regulate the handling and disposition of animals classed as livestock that have been bitten by a rabid or suspected rabid animal or are showing symptoms suggestive of rabies.

(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)

14-17. Powers and duties of State Department of Health Services.

A. The State Department of Health Services shall regulate the handling and disposition of animals other than livestock that have been bitten by a rabid or suspected rabid animal, or are showing symptoms suggestive of rabies.

B. The State Department of Health Services may require the enforcement agent to submit a record of all dog licenses issued, and in addition any information deemed necessary to aid in the control of rabies.

(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)

14-18. Powers and duties of Enforcement Agent.

A. The Enforcement Agent shall:

1. Enforce the provisions of this article; the regulations promulgated thereunder.

2. Issue citations for the violation of the provisions of this article; the regulations promulgated thereunder. The procedure for the issuance of notices to appear shall be as provided for peace officers in A.R.S. § 13-3903, except that the Enforcement Agent shall not make an arrest before issuing the notice.

3. Be responsible for declaring a rabies quarantine area within area of jurisdiction. When a quarantine area has been declared the Enforcement Agent shall meet with the State Veterinarian and Representatives from the Department of Health Services and the Game and Fish Department to implement an emergency program for the control of rabies within an area. Any regulations restricting or involving movements of livestock within an area shall be subject to approval by the State Veterinarian.

B. The issuance of citations pursuant to this section shall be subject to the provisions of A.R.S. § 13-3899.

C. The Enforcement Agent may designate deputies.

(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)

14-19. License fees for dogs; issuance of dog tags; records; penalties.

A. The County Board of Supervisors shall set an annual license fee which shall be paid for each dog four (4) months of age or over that is kept, harbored, or maintained within the boundaries of the County for at least thirty (30) consecutive days of each calendar year. License fees shall become payable at the discretion of the County Board of Supervisors. The licensing period shall not exceed the period of time for revaccination as designated by the State Veterinarian. License fees shall be paid within ninety (90) days to the County Treasurer or his/her authorized representative. A penalty fee set by the County Board of Supervisors shall be added to the license fee in the event that application is made subsequent to the date on which the dog is required to be licensed under the provisions of this article. This penalty shall not be assessed against applicants who furnish adequate proof that the dog to be licensed has been in their possession or in the County less than thirty (30) consecutive days.

B. Durable dog tags shall be provided by the County Board of Supervisors. Each dog licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the County, the number of the license, and the date on which it expires. The tag shall be attached to a collar or harness which shall be worn by the dog at all times while running at large, except as otherwise provided in this article. Whenever a dog tag is lost, a duplicate tag shall be issued upon application by the owner and payment of fee established by the County Board of Supervisors to the County Treasurer or his/her authorized representative.

C. The County Board of Supervisors may set license fees that are lower for dogs permanently incapable of procreation. An applicant for a license for a dog claimed to be incapable of procreation shall furnish adequate proof satisfactory to the County Enforcement Agent that such a dog has been surgically altered to be permanently incapable of procreation.

D. Any person who fails within fifteen (15) days after written notification from the County Enforcement Agent to obtain a license for a dog required to be licensed, counterfeits or attempts to counterfeit an official dog tag, or removes such tag from any dog for the purpose of willful and malicious mischief or places a dog tag upon a dog unless the tag was issued for that particular dog is guilty of a Class 2 misdemeanor.

14-19.1. Kennel permit; fee; violation; classification.

A. A person operating a kennel shall obtain a permit issued by the Board of Supervisors of the County where the kennel is located except if each individual dog is licensed.

B. The annual fee for the kennel permit is seventy-five dollars ($75.00).

C. A dog remaining within the kennel is not required to be licensed individually under section 4-19. A dog leaving the controlled kennel conditions shall be licensed under section 4-19 except if the dog is only being transported to another kennel which has a permit issued under this section.

D. A person who fails to obtain a kennel permit under this section is subject to a penalty of twenty-five dollars ($25.00) in addition to the annual fee.

E. A person who knowingly fails within thirty (30) days after written notification from the County Enforcement Agent to obtain a kennel permit is guilty of a Class 2 misdemeanor.

(Ord. No. 784, § 1, 10-23-78; Ord. No. 990, § 1, 8-20-81; Ord. No. 1620, § 1, 5-22-86; Ord. No. 1707, § 1, 10-9-86; Ord. No. 2181, § 1, 9-27-90; Ord. No. 3044, § 2, 11-4-99)

14-20. Anti-rabies vaccination; vaccination and license stations.

A. Before a license is issued for any dog, the owner must present a vaccination certificate signed by a veterinarian stating the owner's name and address and giving the dog's description, date of vaccination, and type, manufacturer, and serial number of the vaccine used and date revaccination is due. A duplicate of each rabies vaccination certificate issued shall be transmitted to the Enforcement Agent on or before the tenth day of the month following the month during which the dog was vaccinated. No dog shall be licensed unless it is vaccinated in accordance with the provisions of this article and the regulations promulgated thereunder.

B. A dog vaccinated in any other State prior to entry into Arizona may be licensed in Arizona; provided, that, at the time of licensing, the owner of such dog presents a vaccination certificate, signed by a veterinarian licensed to practice in that State or a veterinarian employed by a governmental agency in that State, stating the owner's name and address and giving the dog's description, date of vaccination, and type, manufacturer, and serial number of the vaccine used. The vaccination must be in conformity with the provisions of this article and the regulations promulgated thereunder.

C. The Enforcement Agent shall make provisions for vaccination clinics as deemed necessary. The vaccination shall be performed by a veterinarian.

(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)

14-21. Rabies control fund.

A. The Enforcement Agent or his/her authorized representative shall place the monies collected by him/her under the provisions of this article in a special fund to be known as the "rabies control fund" to be used for the enforcement of the provisions of this article and the regulations promulgated thereunder.

B. Any unencumbered balance remaining in the rabies control fund at the end of a fiscal year shall be carried over into the following fiscal year.

(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)

14-22. Dogs not permitted at large; wearing licenses.

A. In a rabies quarantine area, no dogs shall be permitted at large. Each dog shall be confined within an enclosure on the owner's property, or secured so that the dog is confined entirely to the owner's property, or on a leash not to exceed six (6) feet in length and directly under the owner's control when not on the owner's property.

B. Any dog over the age of four (4) months running at large shall wear a collar or harness to which is attached a valid license tag. Dogs used for control of livestock or while being used or trained for hunting or dogs while being exhibited or trained at a kennel club event or dogs while engaged in races approved by the Arizona Racing Commission, and such dogs while being transported to and from such events, need not wear a collar or harness with a valid license attached; provided, that they are properly vaccinated, licensed and controlled.

C. If any dog is at large on the public streets, public parks or public property, then said dog's owner or custodian is in violation of this article.

D. Any custodian of a dog or person whose dog is at large is in violation of this article. A dog is not at large:

1. If said dog is restrained by a leash, chain, rope, or cord not more than six (6) feet in length, and of sufficient strength to control action of said dog.

2. If said dog is used for control of livestock or while being used or trained for hunting or being exhibited or trained at a kennel club event, or while engaged in races approved by the Arizona Racing Commission.

3. While said dog is actively engaged in dog obedience training, accompanied by and under the control of his/her owner or trainer; provided, that the person training said dog has in his/her possession a dog leash not more than six (6) feet in length and of sufficient strength to control said dog, and, further, that said dog is actually enrolled in or has graduated from a dog obedience training school.

4. If said dog, whether on or off the premises of the owner or custodian, is controlled as provided in paragraph 1. of this subsection, or is within a suitable enclosure which actually confines the dog.

E. Any dog(s) at large shall be apprehended and impounded by an Enforcement Agent.

1. Said agent shall have the right to enter upon private property when it shall be necessary to do so in order to apprehend any dog that has been running at large. Such entrance upon private property shall be in reasonable pursuit of such dog(s), and shall not include entry into a domicile unless it be at the invitation of the occupant.

2. Said agent may issue a citation(s) to the dog owner or person acting for the owner when the dog is at large. The procedure of the issuance of notice to appear shall be as provided for peace officers in A.R.S. § 13-3903, except the enforcement agent shall not make an arrest before issuing the notice. The issuance of citation(s) pursuant to this article shall be subject to provisions of A.R.S. § 13-3899.

3. In the judgment of the Enforcement Agent, if any dog at large or other animal that is dangerous, vicious, or fierce and a threat to human safety that cannot be safely impounded may be immediately slain.

(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)

14-23. Establishment of pounds; impounding and disposing of dogs and cats; reclaiming impounded dogs and cats; pound fees.

A. Any stray dog shall be impounded. All dogs and cats impounded shall be given proper care and maintenance.

B. Each stray dog or any cat impounded shall be kept and maintained at the pound for a minimum of seventy-two (72) hours unless claimed by its owner. Any person may purchase such a dog or cat upon expiration of the impoundment period, provided such person pays all pound fees and complies with the licensing and vaccinating provisions of this article. If the dog or cat is not claimed within the impoundment period, the Enforcement Agent shall take possession and may place the dog or cat for sale or may dispose of the dog or cat in an humane manner. If such dog or cat is to be used for medical research, no license or vaccination shall be required. The Enforcement Agent may destroy impounded sick or injured dogs or cats whenever such destruction is necessary to prevent such dog or cat from suffering or to prevent the spread of disease.

C. Any impounded, licensed dog or any cat may be reclaimed by its owner or such owner's agent; provided, that the person reclaiming the dog or cat furnishes proof of right to do so and pays all pound fees. If the dog or cat is not reclaimed within the impoundment period, the enforcement agent shall take possession and may place the dog or cat for sale or may dispose of the dog or cat in a humane manner. Any person purchasing such a dog or cat shall pay all pound fees.

(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)

14-24. Proper care, maintenance and destruction of impounded animals.

A. Any animal impounded in a County, City or Town pound shall be given proper and humane care and maintenance.

B. Any dog or cat destroyed while impounded in a County, City or Town pound shall be destroyed only by the use of one (1) of the following:

1. Sodium pentobarbital or a derivative of sodium pentobarbital.

2. Nitrogen gas.

3. T-61 euthanasia solution or its generic equivalent.

C. If an animal is destroyed by means specified in subsection B. paragraph 1. or 3. of this section, it shall be done by a licensed veterinarian or in accordance with procedures established by the State Veterinarian pursuant to Section 24-153, A.R.S.

D. The governing body of any County, City or Town which operates a pound shall establish procedures for the humane destruction of impounded animals by the methods described in subsections B. and C. of this section.

(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)

14-25. Removing impounded animals.

No person may remove or attempt to remove an animal which has been impounded or which is in the possession of the enforcement agent, except in accordance with the provisions of this article and the regulations promulgated thereunder.

(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)

14-26. Handling of biting animals; responsibility for reporting animal bites.

A. An unlicensed or unvaccinated dog or any cat that bites any person shall be confined and quarantined in an authorized pound or, upon request of and at the expense of the owner, at a veterinary hospital for a period of not less than seven (7) days. A dog properly licensed and vaccinated pursuant to this article, that bites any person, may be confined and quarantined at the home of the owner or wherever the dog is harbored and maintained with the consent of and in a manner prescribed by the Enforcement Agent.

B. Any animal other than a dog or cat that bites any person shall be confined and quarantined in an authorized pound or, upon the request of and at the expense of the owner, at a veterinary hospital for a period of not less than fourteen (14) days; provided, that livestock shall be confined and quarantined for the fourteen-day period in a manner regulated by the Arizona Livestock Sanitary Board. If the animal is a caged rodent, it may be confined and quarantined at the home of the owner or where it is harbored or maintained, for the required period of time, with the consent of and in a manner prescribed by the Enforcement Agent.

C. Any wild animal which bites any person may be killed and submitted to the Enforcement Agent or his/her deputies for transmission to an appropriate diagnostic laboratory.

D. Whenever an animal bites any person, the incident shall be reported to the Enforcement Agent immediately by any person having direct knowledge.

E. The County Enforcement Agent may destroy any animal confined and quarantined pursuant to this section prior to the termination of the minimum confinement period for laboratory examination for rabies if:

1. Such animal shows clear clinical signs of rabies.

2. The owner of such animal consents to its destruction.

F. Any animal subject to licensing under this article found without a tag identifying its owner shall be deemed unowned.

G. The County Enforcement Agent shall destroy a vicious animal upon an order of a Justice of the Peace or a City Magistrate. A Justice of the Peace or City Magistrate may issue such an order after notice to the owner, if any, and a hearing.

(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99; Ord. No. 3044, § 2, 11-4-99)

14-27. Dogs; liability.

Injury to any person or damage to any property by a dog while at large shall be the full responsibility of the dog owner or person or persons responsible for the dog when such damages were inflicted.

(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)

14-28. Unlawful keeping of dogs.

It is unlawful for a person to keep, harbor or maintain a dog within the City except as provided by the terms of this article.

(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)

14-29. Unlawful interference with Enforcement Agent.

It is unlawful for any person to interfere with the Enforcement Agent in the performance of his/her duties.

(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)

14-30. Violation; classification.

Any person who fails to comply with the requirements of this article, or violates any of its provisions, is guilty of a Class 2 misdemeanor, and may be subject to imprisonment for a maximum period of four (4) months, or fined a maximum of seven hundred fifty dollars ($750.00) or both.

(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)

Phoenix, Arizona

The Code of City of Phoenix Arizona

Chapter 8 ANIMALS*

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*Cross references: Animals on airport property, § 4-14; nuisances and noise, § 23-11 et seq.; offenses against public health, § 23-44 et seq.; disposal of animal waste, § 27-8; zoning, ch. 41.

State law references: General authority relative to animals, A.R.S. §§ 9-499.01, 9-240(B)(16); animal control generally, A.R.S. § 11-1001 et seq.

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Article I. In General

Article II. Keeping and Maintaining

Article III. Dogs and Vicious Animals

Article IV. Confinement of Animals in Motor Vehicles

ARTICLE I. IN GENERAL

Sec. 8-1. Definitions.

The following definitions shall apply to this chapter:

Adjoining lot or parcel of land means any lot or parcel of land which in any way and at any point abuts, adjoins or otherwise meets the property line of another lot or parcel of land and includes a lot or parcel of land which is divided by a dedicated alley and which but for the alley would be abutting, adjoining or otherwise meeting the property line of another lot or parcel of land.

Animal means any animal of a species that is susceptible to rabies, except man.

Animal shelter means any establishment maintained by the Maricopa County Board of Supervisors or the City of Phoenix for the confinement and maintenance of dogs and other animals that come into the custody of the County or City in the performance of its official duties together with any establishment maintained by a nonprofit organization for the relief of suffering of dogs and other animals provided that such establishment maintains facilities under the supervision of a licensed veterinarian for the confinement, maintenance, safekeeping and control of dogs and other animals that come into its custody.

At large means on or off premises of the owner or custodian. Any dog in a suitable enclosure or confined shall not be considered to be running at large.

Collar means a band, chain, harness or suitable device worn around the neck of a dog to which a license may be affixed.

Department means the State Department of Health Services.

Dog means a member of the Canis Familiaris family.

Enforcement agent means that person designated by the City who is responsible for the enforcement of this ordinance and the regulations promulgated thereunder.

Humane officer means the enforcement agent or his designated deputy.

Impound means the act of taking or receiving into custody by the enforcement agent any dog or other animal for the purpose of confinement in an authorized pound in accordance with the provisions of this ordinance.

Kennel means an enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors or maintains five or more dogs under controlled conditions.

Livestock means neat animals, horses, sheep, goats, swine, mules and asses.

Occupant means any person who is at least eighteen years of age and who has a present legal right to immediate possession of a residence or lot or parcel of land.

Owner means any person owning, keeping, possessing, harboring or maintaining an animal other than livestock for more than six consecutive days.

Pet shop means any establishment at which are kept for sale any animals generally considered to be household pets, but excluding kennels or livery stables.

Pound means any establishment authorized for the confinement, maintenance, safekeeping and control of dogs and other animals that come into the custody of the enforcement agent in the performance of his official duties.

Rabies quarantine area means any area in which a state of emergency has been declared to exist due to the occurrence of rabies in animals in or adjacent to this area.

Rabies vaccination certificate means a method of recording and duplicating rabies information that is in compliance with the County enforcement agent's licensing system and/or County enforcement agent's prescribed forms.

Stray dog means any dog three months of age or older running at large that is not wearing a valid license tag.

Veterinarian, unless otherwise indicated, means any veterinarian licensed to practice in this State or any veterinarian employed in this State by a governmental agency.

Veterinary hospital means any establishment operated by a veterinarian licensed to practice in the State of Arizona that provides clinical facilities and houses animals or birds for dental, medical or surgical treatment. A veterinary hospital may have adjacent to it or in conjunction with it or as an integral part of it, pens, stalls, cages or kennels for quarantine, observation or boarding.

Vicious animal means any animal other than an animal used by a law enforcement agency, that:

(a)     Has a propensity to bite, scratch or otherwise inflict injury on a human being without provocation. One incident of causing injury may be sufficient to establish a propensity; or

(b)     Has a propensity to approach human beings without provocation in a menacing or terrorizing manner so as to confine the movement of or instill fear in a reasonable person; and

(c)     Is declared vicious after a hearing before a justice of the peace or a City magistrate.

(Code 1962, § 8-1; Ord. No. G-1367, § 1; Ord. No. G-1872, § 1; Ord. No. G-1909, § 1; Ord. No. G-2932, § 1; Ord. No. G-3091, § 1; Ord. No. G-3224, § 1; Ord. No. G-4578, § 1, passed 2-11-2004, eff. 2-11-2004)

Cross references: Definitions and rules of construction generally, § 1-2.

Sec. 8-2. Barking or howling dogs.

No person shall keep a dog within the City limits which is in the habit of barking or howling or disturbing the peace and quiet of any person within the City.

(Code 1962, § 8-2)

Cross references: Nuisances and noise, § 23-11 et seq.

Sec. 8-3. Animal cruelty.

A.     A person commits animal cruelty if the person does any of the following:

1.     Intentionally, knowingly or recklessly subjects any animal under the person's custody or control to cruel neglect or abandonment.

2.     Intentionally, knowingly or recklessly fails to provide medical attention necessary to prevent protracted suffering to any animal under the person's custody or control.

3.     Intentionally, knowingly or recklessly inflicts unnecessary physical injury to any animal.

4.     Recklessly subjects any animal to cruel mistreatment.

5.     Intentionally, knowingly or recklessly kills or attempts to kill any animal under the custody or control of another person without either legal privilege or consent of the owner.

6.     Recklessly interferes with, strikes, kills or harms a working or service animal without either legal privilege or consent of the owner.

7.     Strikes an animal with a vehicle resulting in injury to the animal, and leaves the scene without rendering aid and assistance in the care of such animal if such action can be taken with reasonable safety. For the purposes of this paragraph, "animal" means any animal of a species that is susceptible to rabies, except man.

8.     Intentionally or knowingly poisons or attempts to poison any animal. attempt to poison includes the act of placing food, water, or lure of another sort which contains poison or contains health threatening foreign objects, such as glass or metal, in a location where any animal may be attracted to it. For the purposes of this paragraph, "animal" means any animal of a species that is susceptible to rabies, except man.

9.     Intentionally, knowingly or recklessly making use of a baited trap for the purpose of trapping an animal, or making use of any mechanical device to capture an animal in such a manner so as to cause its death or injury, or causing a pet to be kept for a period in excess of twenty-four hours from its owner without making an attempt to return the pet to its owner, to a proper governmental authority, or to a recognized humane organization for purposes of return to its owner. Nothing contained in this paragraph shall be construed to prohibit governmental agencies or recognized animal humane groups or any entity licensed to perform such function from engaging in trapping and capturing of animals for the welfare of those animals.

B.     It is a defense to subsection A. of this section if:

1.     Any person exposes poison to be taken by a dog which has killed or wounded livestock or poison to be taken by predatory animals on premises owned, leased or controlled by the person for the purpose of protecting the person or the person's livestock or poultry, and the treated property is kept posted by the person who authorized or performed the treatment until the poison has been removed, and the poison is removed by the person exposing the poison after the threat to the person, or the person's livestock or poultry, has ceased to exist. The posting required shall provide adequate warning to persons who enter the property by the point or points of normal entry. The warning notice which is posted shall be readable at a distance of fifty feet, shall contain a poison statement and symbol and shall state the word "danger" or "warning".

2.     Any person uses poisons, baited trap or a mechanical device in and immediately around buildings owned, leased or controlled by the person for the purpose of controlling rodents as otherwise allowed by the laws of the state.

C.     It is not a defense to subsection A of this section if:

1.     The animal was trespassing on property owned or controlled by the person alleged to have violated this section.

2.     The animal was not restrained in compliance with any leash law, including section 8-14.

3.     The person alleged to have violated this section did not know that the animal was under the custody or control of another person.

D.     This section does not prohibit or restrict:

1.     The taking of wildlife or other activities permitted by or pursuant to Title 17, Arizona Revised Statutes.

2.     Activities permitted by or pursuant to Title 3, Arizona Revised Statutes.

3.     Activities regulated by the Arizona Game and Fish Department or the Arizona Department of Agriculture.

E.     A person who violates subsection A of this section is guilty of a Class 1 misdemeanor.

F.     If a person is convicted of a violation of subsection A. of this section, the court shall require the convicted person to make restitution to the owner of the animal in the full amount of the owner's economic loss, unless the convicted person and the owner are the same. The full amount of economic loss shall include, but not be limited to, the costs of veterinary care, boarding, and necropsy; value of the animal; costs of a replacement animal; costs of training a replacement animal; and, in the case of a working or service animal, any additional costs incurred to replace the services of the working or service animal while the animal remains unavailable to its owner.

G.     Upon conviction of any person under subsection A., paragraphs 1., 2., 3. or 4. for cruelty to an animal that is under the person's custody or control, the court shall order the animal that was subjected to animal cruelty forfeited to the City and disposed of as authorized by law for the disposition of other property of the City. For purposes of forfeiture, a conviction may result from a verdict or plea including a no contest plea. all right, title and interest to the animal is deemed to have vested in the City on the commission of the act or omission under this section giving rise to the forfeiture. The court also shall order the convicted person to make restitution to the City for the reasonable costs incurred in the housing, care, feeding, and treatment of the forfeited animal from the time of seizure or impoundment to the time of conviction.

H.     No owner's interest in an animal may be forfeited under this section if the owner establishes all of the following:

1.     The owner acquired the interest before or during the conduct giving rise to forfeiture.

2.     The owner did not empower any person whose act or omission gives rise to forfeiture with legal or equitable power to convey the interest, as to a bona fide purchaser for value, and the owner was not married to any such person or if married to such person, held the property as separate property.

3.     The owner did not know and could not reasonably have known of the act or omission or that it was likely to occur.

Further, no owner's interest in an animal may be forfeited under this section if the owner establishes all of the following:

1.     The owner acquired the interest after the conduct giving rise to forfeiture.

2.     The owner is a bona fide purchaser for value not knowingly taking part in an illegal transaction.

3.     The owner was at the time of purchase and at all times after the purchase and before the filing of a criminal proceeding under this section relating to the animal, reasonably without notice of the act or omission giving rise to forfeiture and reasonably without cause to believe that the animal was subject to forfeiture.

I.     In this section, unless the context otherwise requires:

1.     "Animal" means a mammal, bird, reptile or amphibian, but excludes rodents, which may be controlled as otherwise allowed by the law of the State of Arizona. The exclusion of rodents from the definition of animal shall not apply to rodents classified as fur-bearing animals as defined in section 17-101, Arizona Revised Statutes, or to any particular rodent known by the person alleged to have violated this section to be kept as a pet or any rodent clearly marked and denominated as being a pet, such as rodents wearing collars or harnesses.

2.     "Cruel mistreatment" means to torture or otherwise inflict unnecessary serious physical injury upon an animal, or to kill an animal in a manner that causes protracted suffering to the animal.

3.     "Cruel neglect" means to fail to provide an animal with necessary food, water or shelter.

4.     "Handler" means a law enforcement officer or any other person who has successfully completed a course of training prescribed by the person's agency or the service animal owner and who used a specially trained animal under the direction of the person's agency or the service animal owner.

5.     "Owner" means a person who has an interest in an animal, whether legal or equitable. A person who holds an animal for the benefit of or as an agent for another is not an owner. An owner with power to convey an animal binds other owners, and a spouse binds his or her spouse, by his or her act or omission.

6.     "Service animal" means an animal that has completed a formal training program, that assists its owner in one or more daily living tasks that are associated with a productive lifestyle and that is trained to not pose a danger to the health and safety of the general public.

7.     "Working animal" means a horse or dog that is used by a law enforcement agency, that is specially trained for law enforcement work and that is under the control of a handler.

(Ord. No. G-4388, § 3, passed 10-3-2001, eff. 12-1-2001)

Sec. 8-3.01. Seizure of animals subjected to cruelty; cost of care.

A.     An animal subject to forfeiture under section 8-3 may be seized:

1.     By a peace officer on process issued pursuant to the provisions of title 13, Arizona Revised Statutes, including a search warrant.

2.     By a peace officer upon reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety of other animals. When a peace officer determines that prompt action is required under this paragraph, the officer shall immediately seize the animal and the police department and the court shall comply with the postseizure hearing requirements of section 8-3.02A.

B.     In all cases where there is not a prior judicial determination of probable cause and the need for immediate seizure is not present as provided in paragraph A(2) above, the police department shall provide the owner or keeper of the animal with the opportunity for a hearing pursuant to section 8-3.02B. prior to any seizure or impoundment of the animal.

C.     Nothing in this section shall be construed to prohibit the attorney for the state, after seizure of an animal by a peace officer, from taking possession of and keeping the animal when the attorney deems the animal to be of evidentiary value in any criminal prosecution relating to the condition of the animal. If the attorney for the state intends to take possession of and retain an animal as evidence in any criminal prosecution, the attorney shall promptly provide written notice to the police department.

D.     The City may contract with any person or agency, including volunteers, to care for an animal that is seized and impounded for evidentiary purposes or pursuant to other provisions of this section.

E.     The City shall be responsible for the costs incurred for caring for and treating a seized or impounded animal, if any of the following occur:

1.     The City Attorney causes the animal to be seized or held for evidentiary purposes.

2.     The court determines in a postseizure hearing held under section 8-3.02 That the seizing officer did not have reasonable grounds to believe very prompt action, including seizure of the animal, was required to protect the health or safety of the animal or the health or safety of other animals.

3.     The owner's interest in the animal is not forfeited pursuant to section 8-3.

F.     Except as provided in subsection E, the owner of an animal properly seized and impounded under this section is liable for the cost of caring for and treating the animal. Unless the seizure or impoundment of an animal is for evidentiary purposes, supported by a written notice of intent as required by subsection C, or the court determines at a postseizure hearing that the seizure or impoundment was not justified, the owner shall post with the court a bond in the form of cash or a surety's undertaking to defray some of the costs of caring for and treating the animal. The bond shall be in the amount of two hundred fifty dollars if one or more animals but fewer than ten animals are seized or impounded; five hundred dollars if ten or more animals but fewer than twenty animals are seized or impounded; seven hundred fifty dollars if twenty or more animals but fewer than thirty animals are seized or impounded; and one thousand dollars if thirty or more animals are seized or impounded. The owner shall post the bond within ten days of the date of the notice provided under section 8-3.02A.(1) or within five days after the conclusion of the preseizure or postseizure hearing, whichever is later, excluding weekends and City holidays. If the owner fails to post the bond within the specified time, the owner shall be deemed to have abandoned the animal. The City may dispose of the abandoned animal as authorized by law for the disposition of other property of the City.

G.     Upon forfeiture of an animal, the court shall forfeit the bond to pay the expenses incurred in caring for and treating the animal. If the bond exceeds expenses, the court shall exonerate the bond amount and order the security returned to the owner only to the extent the bond exceeds the expenses incurred in caring for and treating the animal. The court shall order the bond exonerated and the security returned to the owner if at the conclusion of the case the animal is not forfeited under section 8-3.

(Ord. No. G-4388, § 3, passed 10-3-2001, eff. 12-1-2001; Ord. No. G-4417, § 1, passed 3-20-2002, eff. 3-20-2002)

Sec. 8-3.02. Preseizure and postseizure hearings.

A.     Whenever a peace officer under section 8-3.01(A)(2) seizes or impounds an animal based on a reasonable belief that very prompt action is required to protect the health or safety of the animal or the health or safety of other animals, the owner or keeper of the animal, may request a postseizure hearing to determine the validity of the seizure or impoundment, or both. The postseizure hearing shall be commenced as follows.

1.     The police department or the city prosecutor, prior to the commencement of any criminal proceedings authorized under section 8-3 and within forty-eight hours, excluding weekends and city holidays, of the seizure or impoundment, shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper, if known or ascertainable after reasonable investigation. The notice shall include all of the following:

a.     The name, business address, and telephone number of the person providing the notice.

b.     A description of the animal seized, including any identification upon the animal.

c.     The authority and purpose for the seizure, or impoundment, including the time, place, and circumstances under which the animal was seized.

d.     A statement that, in order to receive a postseizure hearing, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning to the court an enclosed declaration of ownership or right to keep the animal within ten days, including weekends and city holidays, of the date of the notice. The declaration may be returned by personal delivery or by mail. The declaration will be deemed received at the time it is personally served or, if mailed, upon receipt.

e.     A statement that the owner is responsible for the cost of caring for and treating an animal that was properly seized and impounded to protect the health or safety of the animal or the health or safety of other animals.

f.     A statement that the owner is required to post a bond with the court to defray the expenses of caring for and treating an animal that has been properly seized and impounded to protect the health or safety of the animal or the health or safety of other animals.

g.     A warning that if the owner fails to post the bond within ten days of the seizure or five days after the conclusion of the postseizure hearing, whichever is later, excluding weekends and City holidays, the animal will be deemed abandoned and disposed of by the City.

2.     The court shall conduct the postseizure hearing within forty-eight hours of the court's receipt of the request, excluding weekends and City holidays.

3.     Failure of the owner or keeper, or the owner's or keeper's agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a postseizure hearing.

B.     Where there is not a prior judicial determination of probable cause and the need for immediate seizure under section 8-3.01 is not present, the owner or keeper of an animal may request a hearing prior to any seizure or impoundment of the animal. The owner or keeper shall produce the animal at the time of the hearing unless, prior to the hearing, the owner or keeper has made arrangements with the police department to view the animal upon request of the police department, or unless the owner or keeper can provide verification that the animal has been humanely destroyed by a licensed veterinarian, Animal Control Agency or Animal Welfare Organization. The preseizure hearing shall be commenced as follows.

1.     The police department or the City Prosecutor, prior to the commencement of any criminal proceedings authorized under section 8-3, shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice to the owner or keeper, if known or ascertainable after reasonable investigation, stating the grounds for believing the animal should be seized to protect the health or safety of the animal or the health or safety of other animals. The notice shall include all of the following:

a.     The name, business address, and telephone number of the person providing the notice.

b.     A description of the animal to be seized, including any identification upon the animal.

c.     The authority and purpose for the possible seizure or impoundment.

d.     A statement that, in order to receive a preseizure hearing, the owner or person authorized to keep the animal, or the owner's or keeper's agent, shall request the hearing by signing and returning to the court an enclosed declaration of ownership or right to keep the animal within two days, excluding weekends and City holidays, of the date of the notice.

e.     A statement that the owner is responsible for the cost of caring for and treating an animal that is properly seized and impounded to protect the health or safety of the animal or the health or safety of other animals.

f.     A statement that the owner is required to post with the court a bond to defray the expenses of caring for and treating an animal that has been properly seized and impounded to protect the health or safety of the animal or the health or safety of other animals.

g.     A warning that if the owner fails to post the bond within five days of the seizure, excluding weekends and City holidays, the animal will be deemed abandoned and disposed of by the City.

2.     The court shall conduct the preseizure hearing within forty-eight hours of the court's receipt of the request, excluding weekends and City holidays.

3.     Failure of the owner or keeper, or the owner's or keeper's agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a preseizure hearing.

4.     The court, after the hearing, may affirm or deny the owner's or keeper's right to custody of the animal and, if reasonable grounds are established, may order the seizure or impoundment of the animal for care and treatment.

C.     In the event of the acquittal or final discharge without conviction of a person who was charged under section 8-3, the court shall, upon demand, direct the release of seized or impounded animals that have not been forfeited upon a showing of proof of ownership. Any questions regarding ownership shall be determined in a separate hearing by the court and the court shall hear testimony from any persons who may assist the court in determining ownership of the animal. If the owner is determined to be unknown or the owner is prohibited or unable to retain possession of the animal for any reason, the court shall order the animal released to the appropriate public agency for lawful disposition. This subsection shall not be construed to cause the release of an animal seized or impounded pursuant to any other local, state or federal law or regulation.

D.     A person who violates subsection B by failing to produce the animal at the time of the hearing, make arrangements with and allow the police department to view the animal upon request, or provide verification that the animal has been humanely destroyed is guilty of a class 1 misdemeanor.

(Ord. No. G-4388, § 3, passed 10-3-2001, eff. 12-1-2001; Ord. No. G-4417, § 2, passed 3-20-2002, eff. 3-20-2002)

Sec. 8-3.03. Home slaughter of livestock.

A.     It shall be unlawful for any person to kill livestock for the purpose of human or animal consumption on any residential lot or parcel of land.

B.     The provisions of subsection A of this section shall not apply to single-family residential lots or parcels of land with an area of ten thousand square feet or more.

C.     When not otherwise prohibited, the killing of livestock shall be conducted in a humane manner in accordance with A.R.S. § 3-2016.

(Ord. No. G-4020, § 1, passed 6-11-1997, eff. 7-11-1997; Ord. No. G-4388, § 2, passed 10-3-2001, eff. 12-1-2001)

Editor's note: Formerly § 8-3.01.

Sec. 8-4. Selling, dyeing, or coloring baby chickens, ducklings or young rabbits.

It shall be unlawful for any person to sell, offer for sale, barter or give away baby chickens or ducklings under five weeks of age or rabbits under two months of age in less than one dozen lots as premiums, novelties, prizes, pets or toys, or to color, dye, stain or otherwise change the natural color of baby chickens or duckling or rabbits, or to bring or transport the same into the City; provided, that this section shall not be construed to prohibit the sale or display of baby chickens or ducklings or rabbits in proper facilities that comply with the provisions of the Sanitary Code or other rules and regulations of the Board of Health by breeders and those engaged in the business of selling for commercial breeding and raising purposes.

(Code 1962, § 8-5)

ARTICLE II. KEEPING AND MAINTAINING

Sec. 8-5. Manner of keeping generally.

It shall be unlawful for any person to keep or maintain any animal in the City in such a manner as to disturb the peace, comfort or health of any person residing within the City. Any person violating any provisions of article I or article II of this chapter shall be guilty of a misdemeanor.

(Code 1962, § 8-6; Ord. No. G-1367, § 1)

Sec. 8-6. Reptiles or wild animals.

No person shall keep or maintain any poisonous reptiles or dangerous carnivorous wild animals without first having registered such animals or reptiles with the Chief of Police, who may prescribe regulations to insure the safe penning or caging of such animals or reptiles.

(Code 1962, § 8-7)

Sec. 8-7. Poultry and rodents.

(a)     Except as otherwise provided in this article, it is hereby declared to be a nuisance and it shall be unlawful for any person to keep rodents or poultry within the City. No poultry or rodents shall be kept in an enclosure within eighty feet of any residence within the City. Poultry may be kept within eighty feet of a residence if written permission consenting to the keeping of poultry less than eighty feet from a residence is first obtained from each lawful occupant and each lawful owner of such residence. Poultry shall not be kept in the front yard area of any lot or parcel within the City. Poultry and rodents shall be kept in an enclosure so constructed as to prevent such poultry and rodents from wandering upon property belonging to others.

(b)     No more than twenty head of poultry nor more than twenty-five head of rodents nor more than twenty-five head comprising a combination of rodents and poultry shall be kept upon the first one-half acre or less. An additional one-half acre shall be required for each additional twenty head of poultry or for each additional twenty-five head of rodents or for each additional twenty-five head comprising a combination of poultry and rodents. For areas larger than two and one-half acres the number of poultry or rodents shall not be limited.

(c)     No male poultry shall be kept within the City limits except such male poultry as are incapable of making vocal noises which disturb the peace, comfort or health of any person residing within the City.

(d)     All such enclosures shall be kept in such condition that no offensive, disagreeable or noxious smell or odor shall arise therefrom to the injury, annoyance or inconvenience of any inhabitant of the neighborhood thereof.

(Code 1962, § 8-8; Ord. No. G-1207, § 1; Ord. No. G-1367, § 1)

Sec. 8-8. Regulations for keeping within City.

(a)     The maintaining or keeping of all animals within the City shall be allowed as stated above only so long as they do not cause, create or contribute to or become a health nuisance due to noise, the presence of flies, mosquitos, insects, vermin, rodent harborage, odors, dust, ponded water, accumulation of manure, garbage, refuse or other obnoxious or putrescible material, or for any other like reason. Manure and droppings shall be removed from pens, stables, yards, cages, and other enclosures at least twice weekly and shall be removed from the premises at least twice each week. For the purposes of this provision "premises" means the lot or parcel of ground upon which the pen, stable, yard, cage or other enclosure is located.

(b)     No swine shall be kept within the City limits, except registered purebred miniature Vietnamese potbelly pigs and other similar registered purebred miniature pigs. Miniature pigs shall not exceed one hundred pounds. No more than three miniature pigs shall be allowed per household. This ordinance shall not apply to or affect any prosecutions filed prior to the effective date of this ordinance.

(c)     Except as otherwise provided in this chapter, the keeping of all animals within the City shall be subject to all pertinent regulations of the State of Arizona and the Maricopa County Board of Health.

(d)     No person owning, keeping, possessing, harboring or maintaining any animal, as defined in section 8-1, shall allow such animal to run at large.

(e)     The premises upon which fowl, rodents, cattle, horses, sheep or goats are kept shall always be sanitary and subject to inspection and regulation by the City Health Officer.

(f)     Keeping of bees.

(1)     It shall be unlawful for any person to keep bees on any lot or parcel of land consisting of less than six thousand square feet in area without first having obtained written permission, subject to the provisions of section 8-9, consenting to the keeping of bees on such lot or parcel from all of the lawful occupants and the lawful owners of adjoining lots or parcels of land, as defined in section 8-1, which are located in the immediate vicinity of the property whereon the bees are kept.

(2)     It shall be unlawful for any person to keep or maintain more than one hive or colony of bees for each one thousand seven hundred square feet of area within any lot or parcel of land upon which bees are kept or maintained.

(3)     No hive or colony of bees shall be kept or maintained within five feet of any boundary line of the lot or parcel upon which the bees are kept.

(4)     Any person keeping or maintaining bees within the City shall provide a constant and easily accessible supply of water of sufficient quantity to meet the needs of all bees being maintained.

(Code 1962, § 8-9; Ord. No. G-1063, § 1; Ord. No. G-1367, § 1; Ord. No. G-1482, § 1; Ord. No. G-3399, § 1)

Sec. 8-9. Written permission; revocation.

A.     Written permission as provided in Section 8-7, subsection A, and Section 8-10, subsection B, shall be signed by the occupant or owner so consenting and is effective when it is filed with the Director of the Neighborhood Services Department or the Director's designee and expires five years from its effective date.

B.     Except as otherwise provided in subsection C, written permission is irrevocable by the occupant or owner so consenting for a period of five years from its effective date.

C.     Written permission is revoked for the purpose of complying with the exceptions of Section 8-7, subsection A, and Section 8-10, subsection B, under any of the following circumstances:

1.     A lawful occupant who has given written permission gives up legal possession of the residence or property covered under section 8-7, subsection A, or Section 8-10, subsection B.

2.     A lawful owner of property who has given written permission is divested of all interest in the property by the recordation with the Maricopa County Recorder of transfer of legal ownership.

3.     A lawful owner or lawful occupant of property who has given written permission files a signed revocation of written permission with the Director of the Neighborhood Services Department or the Director's designee prior to the filing of the written permission.

(Code 1962, § 8-10; Ord. No. G-1367, § 1; Ord. No. G-4705, § 1, adopted 6-8-2005, eff. 7-8-2005)

Sec. 8-10. Minimum area limitation; nuisance.

(a)     Except as otherwise provided in this section, it is hereby declared to be a nuisance and it shall be unlawful for any person to keep any animal, as defined in section 8-1 of this chapter, within the City on any lot or parcel of land consisting of less than ten thousand square feet in area.

(b)     Poultry may be kept on a lot or parcel of land within the City consisting of an area less than ten thousand square feet if written permission consenting to the keeping of poultry on such lot or parcel is first obtained from all of the lawful occupants and the lawful owners of adjoining lots or parcels of land, as defined in section 8-1, which are located in the immediate vicinity of the property whereon the poultry is kept.

(c)     The provisions of subsections (a) and (b) above shall not apply to the keeping of:

(1)     Small household pets to include, but not be limited to, dogs and cats; or

(2)     Animals for commercial purposes where such use is established as a lawful use under the Zoning Ordinance of the City of Phoenix.

(Code 1962, § 8-10.1; Ord. No. G-1367, § 1)

ARTICLE III. DOGS AND VICIOUS ANIMALS

Sec. 8-11. Powers and duties of enforcement agent.

A.     The enforcement agent:

1.     Shall enforce the provisions of this article; [and] the regulations promulgated thereunder.

2.     May issue citations for the violation of the provisions of this chapter; [and] the regulations promulgated thereunder. The procedure for the issuance of notices to appear shall be as provided for peace officers in A.R.S. § 13-3903, except that the enforcement agent shall not make an arrest before issuing the notice.

3.     Shall be responsible for declaring a rabies quarantine area within area of jurisdiction. When a quarantine area has been declared the enforcement agent shall meet with the State Veterinarian and representatives from the Department of Health Services and the Game and Fish Department to implement an emergency program for the control of rabies within area. Any regulations restricting or involving movements of livestock within area shall be subject to approval by the State Veterinarian.

B.     The issuance of citations pursuant to this section shall be subject to the provisions of A.R.S. § 13-3899, A.R.S. § 13-3903 or Local Rules of Practice, Phoenix Municipal Court.

C.     The enforcement agent may designate deputies.

(Ord. No. G-1872, § 3; Ord. No. G-1909, § 3; Ord. No. G-2932, § 2; Ord. No. G-3224, § 2; Ord. No. G-3832, § 1)

Sec. 8-12. License fees for dogs; classification of fees; issuance of dog tags; records; penalties.

A.     A license fee of ten dollars for spayed or neutered dogs and twenty-five dollars for nonspayed or nonneutered dogs per year shall be paid for each dog three months of age or over that is kept, harbored or maintained within the boundaries of the City for at least thirty consecutive days of each calendar year. The licensing period shall not exceed the period of time for revaccination as designated by the State Veterinarian. The license fee shall be due when each such dog reaches the age of three months, and on the anniversary date of the original license for each year thereafter, and the license fee shall be paid within ninety days to the enforcement agent or his authorized representative. A penalty fee not to exceed four dollars shall be added to the license fee in the event that application is made less than one year subsequent to the date on which the dog is required to be licensed under the provisions of this article. If the license application is made one year or later from the date on which the dog is required to be licensed, an additional penalty fee of ten dollars shall be paid for each subsequent year up to a maximum of twenty-four dollars. This penalty shall not be assessed against applicants who furnish adequate proof that the dog to be licensed has been in their possession less than thirty consecutive days prior to the date for requirement of licensing herein.

B.     Durable dog tags shall be provided. Each dog licensed under the terms of this ordinance shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the County, the number of the license, and the year in which it expires. The tag shall be attached to a collar or harness which shall be worn by the dog at all times, except as otherwise provided in this ordinance. Whenever a dog tag is lost, a duplicate tag shall be issued upon application by the owner and payment of a fee of seven dollars to the enforcement agent.

C.     Whenever the ownership of a dog has been changed, the new owner must secure a transfer of license to such owner. A transfer fee of seven dollars shall be charged to transfer any license.

D.     The City Council may provide for lower license fees for dogs permanently incapable of procreation. An applicant for a license for a dog claimed to be incapable of procreation shall furnish adequate proof satisfactory to the enforcement agent that such dog has been surgically altered to be permanently incapable of procreation.

E.     Any person who fails within fifteen days after written notification from the enforcement agent to obtain a license for a dog required to be licensed, or counterfeits or attempts to counterfeit an official dog tag, or remove such tag from any dog for the purpose of intentional and malicious mischief or places a dog tag upon a dog unless the tag was issued for that particular dog is guilty of a Class 2 misdemeanor.

(Ord. No. G-1872, § 3; Ord. No. G-1909, § 3; Ord. No. G-2253, § 1; Ord. No. G-2932, § 2; Ord. No. G-3362, § 1; Ord. No. G-3846, § 1; Ord. No. G-4578, § 2, passed 2-11-2004, eff. 2-11-2004)

Sec. 8-12.01. County kennel permit.

No language in this chapter shall be construed to prohibit Maricopa County from enforcing the provisions of A.R.S. § 24-367.01 [A.R.S. § 11-1009] (Kennel permit; fee; violation; classification) within the City.

(Ord. No. G-2932, § 3)

Sec. 8-13. Rabies control fund.

A.     The enforcement agent or his authorized representative shall place the monies collected by him under the provisions of this ordinance in a special fund to be known as the rabies control fund to be used for the enforcement of the provisions of this ordinance and the regulations promulgated thereunder.

B.     Any unencumbered balance remaining in the rabies control fund at the end of a fiscal year shall be carried over into the following fiscal year.

(Ord. No. G-1872, § 3; Ord. No. G-1909, § 3)

Sec. 8-14. Dogs not permitted at large; wearing licenses; penalties.

A.     No dog shall be permitted at large. Each dog shall be confined within an enclosure on the owner's or custodian's property, secured so that the dog is confined entirely to the owner's or custodian's property, or on a leash not to exceed six feet in length and directly under the owner's or custodian's control when not on the owner's or custodian's property. The provisions of this subsection shall not apply to a park, or an area within a park, that is designated by the Parks and Recreation Board as open to dogs at large.

B.     Any dog over the age of three months which is off the owner's or custodian's property shall wear a collar or harness to which is attached a valid license tag. Dogs that are used for control of livestock, being used or trained for hunting or dogs, being exhibited or trained at a kennel club event or engaged in races approved by the Arizona Racing Commission, and while the dogs are being transported to and from such events, need not wear a collar or harness with a valid license attached provided that they are properly vaccinated, licensed and controlled.

C.     Any owner, custodian, or other person acting for the owner allowing his or her dog to be at large is in violation of this section.

D.     A dog is not at large if:

1.     The dog is restrained by a leash, chain, rope or cord of not more than six feet in length and of sufficient strength to control the dog.

2.     The dog is being used for control of livestock or being used or trained for hunting or being exhibited or trained at a kennel club event or is engaged in races approved by the Arizona Racing Commission.

3.     The dog, whether on or off the premises of the owner, or person acting for the owner, is controlled as provided in subsection F, paragraph 1 of this section, or is within a suitable enclosure which actually confines the dog.

E.     When any dog is found at large, the enforcement officer may take the following actions:

1.     The dog may be apprehended and impounded. The enforcement agent shall have the right to enter upon private property when necessary to apprehend any dog that has been running at large. Such entrance upon private property shall be in reasonable pursuit of such dog, and shall not include entry into a domicile or enclosure which confines a dog except at the invitation of the occupant or owner.

2.     In addition to impoundment, the enforcement agent may issue a citation(s) to the dog owner or person acting for the owner when the dog is at large. The procedure for the issuance of criminal complaints shall be as provided for peace officers in A.R.S. § 13-3903, except the enforcement agent shall not make an arrest before issuing the notice. The issuance of civil complaints shall be as provided in Local Rule 2, Local Rules of Practice, Phoenix Municipal Court. The issuance of misdemeanor citation(s) pursuant to this ordinance shall be subject to provisions of A.R.S. § 13-3899. In lieu of issuing a citation a report may be submitted to the County Attorney or City Prosecutor.

3.     In the judgment of the enforcement agent and field supervisor, any dog at large or other animal that is dangerous, vicious, or fierce and a threat to human safety that cannot be safely impounded may be immediately slain. All animal control officers who may be called upon to slay a vicious animal as described above will receive periodic training in the firearm used for this purpose in a manner mutually agreed upon by the City and the enforcement agent. All vicious animals slain will be diagnosed for rabies prior to disposal. Public records will be maintained by the enforcement agent for each vicious animal slaying incident, including the result of the rabies diagnosis performed on the animal.

4.     Any dog impounded under this section may be kept impounded until there is a final disposition of any criminal complaint or payment in full of all civil sanctions imposed arising from the alleged violation of this section, provided that the criminal or civil complaint is filed within thirty days of the alleged violation.

F.     Penalties.

1.     Any dog owner, custodian, or other person acting for the owner or custodian who fails to comply with subsection A or B of this section is guilty of a Class 1 misdemeanor.

2.     Any dog owner, custodian, or other person acting for the owner or custodian who fails to comply with subsection C but who is otherwise in compliance with subsections A and B is responsible for a civil violation subject to a civil sanction not to exceed two hundred fifty dollars.

3.     A second misdemeanor violation of this section within twenty-four months shall be punishable by a fine of not less than one hundred dollars.

4.     A third or subsequent misdemeanor violation of this section within twenty-four months shall be punishable by a fine of not less than five hundred dollars.

5.     Any misdemeanor violation of this section when the dog has previously been determined to be vicious pursuant to Section 8-16.01 shall be punishable by a fine of not less than five hundred dollars and imprisonment for a term of not less than five days.

6.     In no case shall a person convicted of a misdemeanor violation of this section be eligible for suspension or commutation of sentence unless such person is placed on probation with the condition that the minimum fine be paid and term of imprisonment be served.

(Ord. No. G-1872, § 3; Ord. No. G-1909, § 3; Ord. No. G-2932, § 2; Ord. No. G-3224, § 2; Ord. No. G-3832, § 2; Ord. No. G-4578, § 3, passed 2-11-2004, eff. 2-11-2004)

State law references: Dogs at large, A.R.S. § 11-1012; penalty for ordinance violations, A.R.S. §§ 9-499.01, 9-240(B)(28).

Sec. 8-15. Establishment of pounds; impounding and disposing of dogs and cats; reclaiming impounded dogs and cats; pound fees.

A.     All stray dogs shall be impounded. All dogs and other animals impounded shall be given proper care and maintenance.

B.     Each stray dog or any other animal impounded shall be kept and maintained at the pound for a minimum of seventy-two hours unless claimed by its owner. Any person may purchase such a dog or animal upon expiration of the impoundment period, provided such person pays all pound fees and complies with the licensing and vaccinating provisions of this ordinance. If the dog or cat is not claimed within the impoundment period, the enforcement agent shall take possession and may place the dog or cat for sale or may dispose of the dog or cat in a humane manner. If such dog or animal is to be used for medical research, no license or vaccination shall be required. The enforcement agent may destroy impounded sick or injured dogs or other animals whenever such destruction is necessary to prevent such dog or animal from suffering or to prevent the spread of disease.

C.     Any impounded licensed dog or any other animal may be reclaimed by its owner or such owner's agent provided that the person reclaiming the dog or animal furnished proof of right to do so and pays all pound fees. If the dog or animal is not reclaimed within the impoundment period, the enforcement agent shall take possession and may place the dog or animal for sale or may dispose of the dog or animal in a humane manner. Any person purchasing such a dog or animal shall pay all pound fees.

(Ord. No. G-1872, § 3; Ord. No. G-1909, § 3; Ord. No. G-2932, § 2)

State law references: Impoundment of dogs, A.R.S. § 11-1013.

Sec. 8-16. Handling of biting animals; responsibility for reporting animal bites; authority to destroy animals.

A.     Any dog or cat that bites any person shall be confined and quarantined in a County pound or, upon request of and at the expense of the owner, at a veterinary hospital for a period of not less than seven days. A dog properly licensed and vaccinated pursuant to this article that bites any person may be confined and quarantined at the home of the owner or wherever the dog is harbored and maintained with the consent of and in a manner prescribed by the enforcement agent.

B.     Any animal other than a dog or cat that bites any person shall be confined and quarantined in a County pound or, upon the request of and at the expense of the owner, at a veterinary hospital for a period of not less than fourteen days, provided that livestock shall be confined and quarantined for the fourteen-day period in a manner regulated by the Arizona Livestock Board. If the animal is a caged rodent, it may be confined and quarantined at the home of the owner or where it is harbored or maintained, for the required period of time, with the consent of and in a manner prescribed by the enforcement agent.

C.     Any wild animal which bites any person may be killed and submitted to the enforcement agent or his deputies for transmission to an appropriate diagnostic laboratory.

D.     Whenever an animal bites any person, the incident shall be reported to the enforcement agent immediately by any person having direct knowledge.

E.     The County enforcement agent may destroy any animal confined and quarantined pursuant to this section prior to the termination of the minimum confinement period for laboratory examination for rabies if:

(1)     Such animal shows clear clinical signs of rabies.

(2)     The owner of such animal consents to its destruction. Any animal subject to licensing under this article found without a tag identifying its owner shall be deemed unknown.

F.     Any animal quarantined under the provisions of this section may be impounded and kept beyond the quarantine period pending the resolution of any criminal complaint or petition filed pursuant to section 8-16.01 arising out of or connected with the biting incident, provided that such complaint or petition is filed within thirty days of the biting incident.

(Ord. No. G-1872, § 3; Ord. No. G-1909, § 3; Ord. No. G-2932, § 2; Ord. No. G-3224, § 2)

State law references: Biting animals, A.R.S. § 11-1014.

Sec. 8-16.01. Viciousness determination.

A.     Any person having reasonable grounds to believe an animal is vicious may petition a justice of the peace or a City magistrate for a determination that the animal is vicious.

B.     Any time after the petition is filed the court may, if it finds that there are reasonable grounds to believe that the animal poses a risk of injury to any person, order that the animal be impounded on such terms as the court deems necessary to protect public safety.

C.     After notice to the owner of the animal, the justice of the peace or City magistrate shall conduct a hearing. The hearing shall be informal and open to the public. Oral and documentary evidence may be taken from any interested party and considered in determining whether the animal is vicious. Any owner who fails to appear after notice may be deemed to have waived any right to introduce evidence. The decision shall be based on the preponderance of evidence.

D.     A viciousness determination may be conducted in conjunction with and as a part of a criminal proceeding for any violation of this chapter if viciousness is alleged in the complaint.

E.     Any fee for filing a petition or fees for service of hearing notices pursuant to this section may be deferred or waived by the court.

(Ord. No. G-3224, § 2; Ord. No. G-4051, § 1, passed 10-22-1997, eff. 11-21-1997)

State law references: Vicious animals, A.R.S. § 13-1208.

Sec. 8-16.02. Disposition of vicious animals.

A.     Upon determining an animal to be vicious, the court shall enter such orders as it deems necessary to protect the public. The court may order, but is not limited to the following:

(1)     That the owner of the vicious animal display in a prominent place on the premises where the animal is kept a sign in three-inch letters, easily readable by the public, using the words "Vicious Animal."

(2)     That the owner obtain public liability insurance in a single incident amount of at least one hundred thousand dollars for bodily injury or death of any person or for damage to property caused by the vicious animal.

(3)     That the animal be destroyed.

(4)     That the animal at all times be securely confined indoors or in a securely enclosed and locked pen or kennel, except when leashed and muzzled.

(5)     That the animal be spayed or neutered.

(6)     That the animal be defanged or declawed.

(Ord. No. G-3224, § 2)

State law references: Destruction of vicious animals, A.R.S. § 11-1014.

Sec. 8-17. Proper care, maintenance and destruction of impounded animals.

A.     Any impounded animal shall be given proper and humane care and maintenance.

B.     Any dog or cat destroyed while impounded in an authorized pound shall be destroyed only by the use of one of the following:

1.     Sodium pentobarbital or a derivative of sodium pentobarbital.

2.     Nitrogen gas.

3.     T-61 euthanasia solution or its generic equivalent.

C.     The governing body which operates an authorized pound shall establish procedures for the humane destruction of impounded animals by the methods described in subsection B. If an animal is destroyed by means specified in subsection B, paragraph 1 or 3, of this section, it shall be done by a licensed veterinarian or pursuant to A.R.S. § 3-1213.

(Ord. No. G-1872, § 3; Ord. No. G-1909, § 3; Ord. No. G-2932, § 2)

State law references: Similar provisions, A.R.S. § 11-1021.

Sec. 8-18. Unlawful interference with enforcement agent.

It is unlawful for any person to interfere with the enforcement agent in the performance of his duties.

(Ord. No. G-1872, § 3; Ord. No. G-1909, § 3)

State law references: Similar provisions, A.R.S. § 11-1015.

Sec. 8-19. Incorporation by reference.

A.R.S. § 11-1002 (powers and duties of the State Veterinarian and the Arizona Department of Agriculture), A.R.S. § 11-1003 (powers and duties of Department of Health Services), A.R.S. § 11-1010 (anti-rabies vaccination--vaccination and license stations), A.R.S. § 11-1016 (removing impounded animals), A.R.S. § 11-1017 (unlawful keeping of dogs), and A.R.S. § 11-1020 (dogs; liability) be and same are hereby incorporated by reference into this ordinance as if such sections were fully set forth herein.

(Ord. No. G-1872, § 3; Ord. No. G-1909, § 3; Ord. No. G-2932, § 2)

Sec. 8-20. Penalties.

Unless otherwise provided by law, any owner or other person who violates any provisions of this article shall be guilty of a Class 1 misdemeanor.

(Ord. No. G-1872, § 3; Ord. No. G-1909, § 3; Ord. No. G-2932, § 2; Ord. No. G-3224, § 2)

ARTICLE IV. CONFINEMENT OF ANIMALS IN MOTOR VEHICLES*

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*Cross references: Vehicles and traffic, ch. 36.

State law references: Cruelty to animals, A.R.S. § 13-2910.

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Sec. 8-21. Confining animals.

No person having charge or custody of an animal, as owner or otherwise, shall place or confine such animal or allow such animal to be placed or confined or to remain in a motor vehicle under such conditions or for such period of time as may endanger the health or well-being of such animal due to heat, lack of food or drink, or such other circumstances as may reasonably be expected to cause suffering, disability or death.

(Ord. No. G-1222, § 1)

Sec. 8-22. Responsibility of motor vehicle owner.

No person having dominion or control over a motor vehicle, as owner or otherwise, shall place or confine an animal or allow an animal to be placed or confined or to remain in a motor vehicle under such conditions or for such period of time as may endanger the health or well-being of such animal due to heat, lack of food or drink