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Arizona

Arizona Revised Statutes Annotated. Title 11. Counties. Chapter 7. Intergovernmental Operations. Article 6. Animal Control. Title 17. Game and Fish. Chapter 3. Taking and Handling of Wildlife. Article 1. General Regulations. Title 28. Transportation. Chapter 7. Certificate of Title and Registration. Article 12. Special Plates

Statute Details
Printable Version
Citation: AZ ST 11-1001 - 1029; AZ ST 28-2422; AZ ST 17-309

Citation: A. R. S. 11-1001 - 1029; A. R. S. 28-2422; A. R. S. 17-309


Last Checked by Web Center Staff: 10/2013

Summary:   These Arizona statutes comprise the laws relating to dogs and animal bites.  Included are provisions related to registration, collaring, and vaccination of dogs.  With regard to dangerous dogs, Arizona law provides that a person with knowledge of a dog's vicious propensity must also keep the dog in an enclosed yard or confined area with a sign indicating the dog's vicious tendencies.


Statute in Full:

Title 11. Counties.  Chapter 7. Intergovernmental Operations.  Article 6. Animal Control. 

Definitional Section/Powers and Duties of Agents:

§ 11-1001. Definitions

§ 11-1002. Powers and duties of the state veterinarian and the Arizona department of agriculture

§ 11-1003. Powers and duties of department of health services

§ 11-1004. Repealed by Laws 2002, Ch. 172, § 1

§ 11-1005. Powers and duties of board of supervisors

§ 11-1006. Hearing officer; hearing on civil violations; additional remedies

§ 11-1007. Powers and duties of county enforcement agent

License and Kennel Fee Provisions:

§ 11-1008. License fees for dogs; issuance of dog tags; classification

§ 11-1009. Kennel permit; fee; denial; violation; classification

Rabies Provisions:

§ 11-1010. Anti-rabies vaccination; vaccination and license stations

§ 11-1011. Rabies control fund

Dogs Not Permitted At Large:

§ 11-1012. Dogs not permitted at large; wearing licenses

Impoundment Provisions:

§ 11-1013. Establishment of county pounds; impounding and disposing of dogs and cats; reclaiming impounded dogs and cats; pound fees

§ 11-1014. Biting animals; reporting; handling and destruction

§ 11-1014.01. Aggressive dogs; reasonable care requirements; violation; classification; definitions

§ 11-1015. Unlawful interference with county enforcement agent

§ 11-1016. Removing impounded animals

Compliance with Dog Law Provisions:

§ 11-1017. Unlawful keeping of dogs

§ 11-1018. Exemption of cities, towns and counties

§ 11-1019. Violation; classification

Owner Liability for Damage Done by Dogs:

§ 11-1020. Dogs; liability

Care for Impounded Animals:

§ 11-1021. Proper care, maintenance and destruction of impounded animals

§ 11-1022. Sterilization of impounded dogs and cats; definition

§ 11-1023. Unauthorized release of animals; classification; damages

Service and Assistance Animal Provisions:

§ 11-1024. Service animals; rights of individuals with disabilities; violation; classification; definitions

Dog Bite Provisions:

§ 11-1025. Liability for dog bites

§ 11-1026. Lawful presence on private property defined

§ 11-1027. Reasonable provocation as defense

§ 11-1028. Definitions

§ 11-1029. Hearing on disposition of abused and vicious animals; forfeiture; exception

Wildlife Provisions:

Title 17. Game and Fish. Chapter 3. Taking and Handling of Wildlife. Article 1. General Regulations.

§ 17-309. Violations; classification

Spay/Neuter Special License Plate Provisions:

Title 28.  Transportation.  Chapter 7.  Certificate of Title and Registration.  Article 12.  Special Plates.

§ 28-2422. Spaying and neutering of animals special plates

§ 28-2422.01.  Companion animal spay and neuter committee

§ 28-2422.02.  Spaying and neutering of animals fund; definitions

 

 

§ 11-1001. Definitions

In § 13-1208 and in this article, unless the context otherwise requires:

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

2. "At large" means being neither confined by an enclosure nor physically restrained by a leash.

3. "County board of health" means the duly constituted board of health of each county.

4. "County enforcement agent" means that person in each county who is responsible for the enforcement of this article and the rules adopted under this article.

5. "County pound" means any establishment authorized by the county board of supervisors for the confinement, maintenance, safekeeping and control of dogs and other animals that come into the custody of the county enforcement agent in the performance of his official duties.

6. "Department" means the department of health services.

7. "Impound" means the act of taking or receiving into custody by the county enforcement agent any dog or other animal for the purpose of confinement in a county pound in accordance with the provisions of this article.

8. "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.

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

10. "Owner" means any person keeping an animal other than livestock for more than six consecutive days.

11. "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.

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

13. "Vaccination" means the administration of an anti-rabies vaccine to animals by a veterinarian.

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

15. "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.

16. "Vicious animal" means any animal of the order carnivora that has a propensity to attack, to cause injury to or to otherwise endanger the safety of human beings without provocation, or that has been so declared after a hearing before a justice of the peace or a city magistrate.

CREDIT(S)

Added as § 24-361 by Laws 1962, Ch. 86, § 2. Amended by Laws 1973, Ch. 158, § 263; Laws 1975, Ch. 164, § 1; Laws 1982, Ch. 17, § 1; Laws 1989, Ch. 100, § 2. Renumbered as § 11-1001 by Laws 1990, Ch. 374, § 222, eff. Jan. 1, 1991; Laws 2003, Ch. 152, § 1.

 

§ 11-1002. Powers and duties of the state veterinarian and the Arizona department of agriculture

A. The state veterinarian, employed pursuant to § 3-1211, 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 department of agriculture 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.

CREDIT(S)

Added as § 24-362 by Laws 1962, Ch. 86, § 2. Amended by Laws 1975, Ch. 164, § 2; Laws 1982, Ch. 135, § 41; Laws 1988, Ch. 165, § 56. Renumbered as § 11-1002 and amended by Laws 1990, Ch. 374, §§ 222, 400, eff. Jan. 1, 1991.

 

§ 11-1003. Powers and duties of department of health services

A. The 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 department of health services may require the county 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.

CREDIT(S)

Added as § 24-363 by Laws 1962, Ch. 86, § 2. Amended by Laws 1973, Ch. 158, § 264. Renumbered as § 11-1003 by Laws 1990, Ch. 374, § 222, eff. Jan. 1, 1991.

 

§ 11-1004. Repealed by Laws 2002, Ch. 172, § 1

 

§ 11-1005. Powers and duties of board of supervisors

A. Each county board of supervisors may:

1. Designate or employ a county enforcement agent. If such designation or employment is not made, the county sheriff shall be the county enforcement agent, but nothing in this article shall be deemed to prevent the county board of supervisors from designating or employing a county enforcement agent at any time it is deemed necessary or advisable.

2. Provide the county enforcement agent with such personnel and equipment as are necessary to enforce the provisions of this article and the rules adopted under this article.

3. Contract with any city or town to enforce the provisions of any ordinance enacted by such city or town for the control of dogs.

4. For the unincorporated areas of the county, by ordinance, regulate, restrain and prohibit the running at large of dogs, except dogs used for control of livestock or while being used or trained for hunting.

5. For the unincorporated areas of the county, by ordinance, regulate, restrain and prohibit the excessive and unrestrained barking of dogs.

6. Establish either:

(a) Criminal penalties not to exceed the penalties for a class 2 misdemeanor for violation of an ordinance adopted pursuant to paragraph 4 or 5.

(b) Civil penalties for violations of an ordinance adopted pursuant to paragraph 4 or 5, not to exceed five hundred dollars for each violation.

B. Fines received for violation of an ordinance adopted with a criminal penalty pursuant to subsection A, paragraph 6, subdivision (a) shall be deposited in a special, permanent, nonlapsing and nonreverting county fund to be used solely for the operation of the county enforcement agency.

C. Each county board of supervisors may establish pound fees for impounding and maintaining animals at the county pound or any pound used by the county.

D. The county board of supervisors shall be responsible for declaring a rabies quarantine area within its jurisdiction on a recommendation of the county board of health or the local health department. If a rabies quarantine area is declared, the county board of supervisors shall meet with the county board of health and the county enforcement agent and institute an emergency program for the control of rabies within that area provided that any regulations restricting or involving the movement of livestock within that area shall be developed by the state veterinarian.

CREDIT(S)

Added as § 24-365 by Laws 1962, Ch. 86, § 2. Amended by Laws 1975, Ch. 164, § 4; Laws 1976, Ch. 58, § 3; Laws 1980, Ch. 121, § 1; Laws 1988, Ch. 278, § 1. Renumbered as § 11-1005 by Laws 1990, Ch. 374, § 222, eff. Jan. 1, 1991. Amended by Laws 1991, Ch. 70, § 1; Laws 2002, Ch. 172, § 2.

 

§ 11-1006. Hearing officer; hearing on civil violations; additional remedies

A. A county board of supervisors that establishes a civil penalty for violating an animal statute or ordinance may appoint one or more hearing officers to hear and determine such cases. The board may appoint a county employee to serve as hearing officer in addition to his other work.

B. The hearing officer shall hold a hearing on each violation reported by the county enforcement agent. Notice of the hearing shall be served personally on the defendant at least ten days before the hearing. The county enforcement agent shall use a uniform traffic ticket and complaint for civil traffic cases pursuant to the rules of procedure in traffic cases adopted by the supreme court, modified as applicable, in citing persons for violations of ordinances adopted with a civil penalty pursuant to § 11-1005, subsection A, paragraph 6, subdivision (b).

C. At the hearing the county enforcement agent shall present evidence of the violation and the defendant, or his attorney or other designated representative, shall have an opportunity to present evidence. The county attorney may represent and present evidence for the county enforcement agent.

D. At the conclusion of the hearing the hearing officer shall determine whether a violation occurred and, if so, impose civil penalties provided for under § 11-1005, subsection A, paragraph 6, subdivision (b). Monies collected for civil penalties shall be deposited in the county general fund. The board of supervisors shall adopt, in the same manner as the animal ordinances, written rules of procedure for the hearings and review of hearings. Final decisions of the hearing officer under this subsection are subject to judicial review under title 12, chapter 7, article 6. [FN1]

E. In addition to other remedies provided by law, the board of supervisors, the county attorney, the county enforcement agent or a private individual or other entity that is specially damaged by a violation of an animal statute or ordinance may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent or abate the violation.

[FN1] Section 12-901 et seq.

CREDIT(S)

Added as § 24-365.01 by Laws 1988, Ch. 278, § 2. Renumbered as § 11-1006 and amended by Laws 1990, Ch. 374, §§ 222, 401, eff. Jan. 1, 1991. Amended by Laws 1991, Ch. 70, § 2.

 

§ 11-1007. Powers and duties of county enforcement agent

A. The county enforcement agent shall:

1. Enforce the provisions of this article, county ordinances adopted under this article and municipal ordinances which the board of supervisors has contracted to enforce.

2. Issue citations for the violation of the provisions of this article, county ordinances adopted under this article and municipal ordinances which the board of supervisors has contracted to enforce. The procedure for the issuance of notices to appear shall be as provided for peace officers in § 13-3903, except that the enforcement agent shall not make an arrest before issuing the notice.

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

C. The county enforcement agent may designate deputies.

CREDIT(S)

Added as § 24-366 by Laws 1962, Ch. 86, § 2. Amended by Laws 1978, Ch. 201, § 402, eff. Oct. 1, 1978; Laws 1988, Ch. 278, § 3. Renumbered as § 11-1007 by Laws 1990, Ch. 374, § 222, eff. Jan. 1, 1991.

 

§ 11-1008. License fees for dogs; issuance of dog tags; classification

A. The board of supervisors of each county may set a license fee that shall be paid for each dog three months of age or over that is kept, harbored or maintained within the boundaries of the state for at least thirty consecutive days of each calendar year. License fees shall become payable at the discretion of the board of supervisors of each county. 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 days to the board of supervisors. A penalty fee of two dollars shall be paid if the license application is made less than one year subsequent to the date on which the dog is required to be licensed under 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-two dollars. This penalty shall not be assessed against applicants who provide adequate proof that the dog to be licensed has been in their possession in Arizona less than thirty consecutive days.

B. If the board of supervisors adopts a license fee, the board shall provide durable dog tags. 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 year in which it expires. The tag shall be attached to a collar or harness that shall be worn by the dog at all times, except as otherwise provided in this article. Whenever a dog tag is lost, a duplicate tag shall be issued on application by the owner and payment of a fee established by the board of supervisors.

C. The 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 provide adequate proof satisfactory to the enforcement agent that such dog has been surgically altered to be permanently incapable of procreation.

D. All fees and penalties shall be deposited in the rabies control fund pursuant to § 11-1011.

E. Any person who knowingly fails within fifteen days after written notification from the county enforcement agent to obtain a license for a dog required to be licensed, counterfeits an official dog tag, removes 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.

F. Notwithstanding subsection A of this section, the board of supervisors of each county may not charge an individual who has a disability and who uses a service animal as defined in § 11-1024 or an individual who uses a search or rescue dog a license fee for that dog. An applicant for a license for a:

1. Search or rescue dog shall provide adequate proof satisfactory to the enforcement agent that the dog is a search or rescue dog.

2. Service animal shall sign a written statement that the dog is a service animal as defined in § 11-1024. A person who makes a false statement pursuant to this paragraph is guilty of a petty offense, and a fine that shall not exceed fifty dollars. The statement to be signed shall be substantially in the following form:

By signing this document, I declare that the dog to be licensed is a service animal as defined in § 11-1024, Arizona Revised Statutes, and I understand that a person who makes a false statement pursuant to § 11-1008, Arizona Revised Statutes, is guilty of a petty offense, and is subject to a fine that does not exceed fifty dollars.

Credits
Added as § 24-367 by Laws 1962, Ch. 86, § 2. Amended by Laws 1978, Ch. 201, § 403, eff. Oct. 1, 1978; Laws 1982, Ch. 17, § 2. Renumbered as § 11-1008 by Laws 1990, Ch. 374, § 222, eff. Jan. 1, 1991. Amended by Laws 1996, Ch. 111, § 10; Laws 2003, Ch. 152, § 2; Laws 2013, Ch. 56, § 2.

 

§ 11-1009. Kennel permit; fee; denial; inspection; 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 or the actual cost of recovery as determined by the board of supervisors.

C. A dog remaining within the kennel is not required to be licensed individually under § 11-1008. A dog leaving the controlled kennel conditions shall be licensed under § 11-1008 except if the dog is only being transported to another kennel that 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 in addition to the annual fee.
 
E. The county shall deny a kennel permit to any person who has been convicted of a violation of § 13-2910 or 13-2910.01 or any other state, county or municipal animal welfare law, except violations of license and leash laws.
 
F. A person who operates a kennel that houses fewer than twenty dogs may be subject to an inspection by the county enforcement agent during regular business hours if the county enforcement agent has received a citizen or law enforcement complaint in writing that alleges the person committed an act in violation of § 13-2910 or 13-2910.01. A person who operates a kennel that houses twenty dogs or more shall allow inspections of the kennel by the county enforcement agent as a condition of receiving a kennel permit. This subsection does not apply to any kennel that houses dogs that are being used or trained for hunting.
 
G. A person who knowingly fails to obtain a kennel permit within thirty days after written notification from the county enforcement agent is guilty of a class 2 misdemeanor.

CREDIT(S)

Added as § 24-367.01 by Laws 1982, Ch. 17, § 3. Renumbered as § 11-1009 and amended by Laws 1990, Ch. 374, §§ 222, 402, eff. Jan. 1, 1991. Amended by Laws 2002, Ch. 156, § 1; Laws 2008, Ch. 307, § 3; Laws 2009, Ch. 151, § 2.

 

§ 11-1010. Anti-rabies vaccination; vaccination and license stations

A. Before a license is issued for any dog, the owner or a veterinarian must present a paper or electronic copy or telefacsimile of the vaccination certificate signed by a veterinarian stating the owner's name and address, and giving the dog's description, date of vaccination, 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 county enforcement agent within two weeks of the date 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 pursuant to this article.

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 the 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 pursuant to this article.

C. The county enforcement agent shall make provisions for vaccination clinics as deemed necessary. The vaccination shall be performed by a veterinarian.

CREDIT(S)

Added as § 24-368 by Laws 1962, Ch. 86, § 2. Amended by Laws 1975, Ch. 164, § 7. Renumbered as § 11-1010 by Laws 1990, Ch. 374, § 222, eff. Jan. 1, 1991. Amended by Laws 2000, Ch. 61, § 1.

 

§ 11-1011. Rabies control fund

A. The board of supervisors shall transmit the monies collected under the provisions of this article to the county treasurer for deposit 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. The county treasurer shall maintain the fund.

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.

CREDIT(S)

Added as § 24-369 by Laws 1962, Ch. 86, § 2. Renumbered as § 11-1011 by Laws 1990, Ch. 374, § 222, eff. Jan. 1, 1991. Amended by Laws 1996, Ch. 111, § 11.

 

§ 11-1012. Dogs not permitted at large; wearing licenses

A. Neither a female dog during her breeding or mating season nor a vicious dog shall be permitted at large.

B. 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, secured so that the dog is confined entirely to the owner's property, or on a leash not to exceed six feet in length and directly under the owner's control when not on the owner's property.

C. Any dog over the age of three months running at large 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.

D. No person in charge of any dog shall permit such dog in a public park or upon any public school property unless the dog is physically restrained by a leash, enclosed in a car, cage or similar enclosure or being exhibited or trained at a recognized kennel club event, public school or park sponsored event.

CREDIT(S)

Added as § 24-370 by Laws 1962, Ch. 86, § 2. Amended by Laws 1975, Ch. 164, § 8. Renumbered as § 11-1012 by Laws 1990, Ch. 374, § 222, eff. Jan. 1, 1991; Laws 2003, Ch. 152, § 3.

 

§ 11-1013. Establishment of county pounds; impounding and disposing of dogs and cats; reclaiming impounded dogs and cats; pound fees

A. The board of supervisors in each county may provide or authorize a county pound or pounds or enter into a cooperative agreement with a city, a veterinarian or an Arizona incorporated humane society for the establishment and operation of a county pound.

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

C. Each stray dog or any cat impounded shall be kept and maintained at the county pound for a minimum of seventy-two hours or one hundred twenty hours for an animal that is wearing a license, unless claimed or surrendered by its owner. Any person may purchase such a dog or cat on expiration of the impoundment period, if the person pays all pound fees established by the county board of supervisors and complies with the licensing and vaccinating provisions of this article. If such dog or cat is to be used for medical research, no license or vaccination shall be required.

D. 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 the person's right to do so and pays all pound fees established by the board of supervisors. Any person purchasing such a dog or cat shall pay all pound fees established by the board of supervisors.

E. If the dog or cat is not reclaimed within the impoundment period, the county enforcement agent shall take possession of and may place the dog or cat for sale or may dispose of the dog or cat in a humane manner. The county enforcement agent may destroy impounded sick or injured dogs or cats if destruction is necessary to prevent the dog or cat from suffering or to prevent the spread of disease.

CREDIT(S)

Added as § 24-371 by Laws 1962, Ch. 86, § 2. Amended by Laws 1975, Ch. 164, § 9; Laws 1976, Ch. 58, § 5; Laws 1988, Ch. 165, § 57. Renumbered as § 11-1013 by Laws 1990, Ch. 374, § 222, eff. Jan. 1, 1991; Laws 2009, Ch. 106, § 1.

 

§ 11-1014. Biting animals; reporting; handling and destruction

A. An unvaccinated dog or cat that bites any person shall be confined and quarantined in a county pound or, on request of and at the expense of the owner, at a veterinary hospital for a period of not less than ten days. The quarantine period shall start on the day of the bite incident. If the day of the bite is not known, the quarantine period shall start on the first day of impoundment. A dog properly 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 county enforcement agent.

B. A dog or cat that is impounded as the result of biting any person shall not be released from the pound to its owner unless one of the following applies:

1. The dog has a current dog license pursuant to § 11-1008 at the time the dog entered the pound.

2. The dog or cat has been previously spayed or neutered before impound or has been spayed or neutered and implanted with a microchip before release from the pound.

3. There is no veterinary facility capable of performing surgical sterilization within a twenty mile radius of the pound.

4. A veterinarian determines that a medical contraindication for surgery exists that reasonably requires postponement of the surgery until the surgery can be performed in a safe and humane manner.

5. The bite occurred in the premises of the owner and the victim is a member of the same household.

6. The owner pays a fifty dollar recovery fee, in addition to any fees or costs otherwise required pursuant to this article.

C. Any domestic animal, other than a dog, a cat or a caged or pet rodent or rabbit, that bites any person shall be confined and quarantined in a county pound or, on the request and at the expense of the owner, at a veterinary hospital for a period of not less than fourteen days. Livestock shall be confined and quarantined for the fourteen-day period in a manner regulated by the Arizona department of agriculture. Caged or pet rodents or rabbits shall not be quarantined or laboratory tested.

D. With the exception of a wild rodent or rabbit, any wild animal that bites any person or directly exposes any person to its saliva may be killed and submitted to the county enforcement agent or the agent's deputies for transport to an appropriate diagnostic laboratory. A wild rodent or rabbit may be submitted for laboratory testing if the animal has bitten a person and either the animal's health or behavior indicates that the animal may have rabies or the bite occurred in an area that contains a rabies epizootic, as determined by the department of health services.

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

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

1. The animal shows clear clinical signs of rabies.

2. The animal's owner consents to its destruction.

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

H. The county enforcement agent shall destroy a vicious animal by order of a justice of the peace or a city magistrate. A justice of the peace or city magistrate may issue an order to destroy a vicious animal after notice to the owner, if any, and the person who was bitten, and a hearing. The justice of the peace or city magistrate may impose additional procedures and processes to protect all parties in the interest of justice, and any decision by the justice of the peace or magistrate may be appealed to the superior court.

I. The owner of a vicious animal shall be responsible for any fees incurred by the enforcement agent for the impounding, sheltering and disposing of the vicious animal.

J. This section does not apply to a dog that is used by any federal, state, county, city or town law enforcement agency and that bites any person if the bite occurs while the dog is under proper law enforcement supervision and the care of a licensed veterinarian, except that the law enforcement agency shall notify the county enforcement agent if the dog exhibits any abnormal behavior and make the dog available for examination at any reasonable time.


Credits

Added as § 24-372 by Laws 1962, Ch. 86, § 2. Amended by Laws 1971, Ch. 198, § 2; Laws 1975, Ch. 164, § 10; Laws 1980, Ch. 83, § 1; Laws 1982, Ch. 135, § 42; Laws 1988, Ch. 165, § 58. Renumbered as § 11-1014 and amended by Laws 1990, Ch. 374, §§ 222, 403, eff. Jan. 1, 1991. Amended by Laws 1996, Ch. 253, § 1; Laws 2002, Ch. 175, § 1; Laws 2009, Ch. 106, § 2; Laws 2012, Ch. 74, § 1. 

§ 11-1014.01. Aggressive dogs; reasonable care requirements; violation; classification;
definitions

A. A person who owns or who is responsible for the care of an aggressive dog shall take
reasonable care to:

1. Prohibit the dog from escaping to the outside of a residence or an enclosed area, yard or
structure.

2. Control the dog in a manner that prevents the dog from biting or attacking a person or
domestic animal at all times while the dog is off the owner's or responsible person's property.

B. This section does not apply to any of the following:

1. A dog that is owned by a governmental agency and that is being used in military or police
work.

2. A service animal as defined in § 11-1024.

3. A dog that is involved in an otherwise lawful act of hunting, ranching, farming or other
agricultural purpose.

C. A violation of subsection A, paragraph 2 of this section is a class 1 misdemeanor. A
violation of subsection A, paragraph 1 of this section is a class 3 misdemeanor.

D. For the purposes of this section:

1. “Aggressive dog” means any dog that has bitten a person or domestic animal without
provocation or that has a known history of attacking persons or domestic animals without
provocation.

2. “Reasonable care” means the degree of care that a person of ordinary prudence would
exercise in the same or similar circumstances.

CREDIT(S)
 
Added by Laws 2011, Ch. 213, § 1.
 

 

§ 11-1015. Unlawful interference with county enforcement agent

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

CREDIT(S)

Added as § 24-373 by Laws 1962, Ch. 86, § 2. Renumbered as § 11-1015 by Laws 1990, Ch. 374, § 222, eff. Jan. 1, 1991.

 

§ 11-1016. 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 county enforcement agent except in accordance with the provisions of this article and the regulations promulgated thereunder.

CREDIT(S)

Added as § 24-374 by Laws 1962, Ch. 86, § 2. Renumbered as § 11-1016 by Laws 1990, Ch. 374, § 222, eff. Jan. 1, 1991.

 

§ 11-1017. Unlawful keeping of dogs

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

CREDIT(S)

Added as § 24-375 by Laws 1962, Ch. 86, § 2. Renumbered as § 11-1017 by Laws 1990, Ch. 374, § 222, eff. Jan. 1, 1991.

 

§ 11-1018. Exemption of cities, towns and counties

A. The provisions of this article shall not apply to incorporated cities or towns that impose a license fee and vaccination on dogs by ordinance, provided that such ordinance is equal to or more stringent than the provisions of this article.

B. The provisions of this article shall not apply to counties which regulate the running at large of dogs in the unincorporated areas of the county by ordinance provided that such ordinance is equal to or more stringent than the provisions of this article.

CREDIT(S)

Added as § 24-376 by Laws 1962, Ch. 86, § 2. Amended by Laws 1976, Ch. 58, § 6. Renumbered as § 11-1018 by Laws 1990, Ch. 374, § 222, eff. Jan. 1, 1991.

 

§ 11-1019. 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 unless another classification is specifically prescribed in this article.

CREDIT(S)

Added as § 24-377 by Laws 1962, Ch. 86, § 2. Amended by Laws 1978, Ch. 201, § 404, eff. Oct. 1, 1978; Laws 1982, Ch. 37, § 18. Renumbered as § 11-1019 by Laws 1990, Ch. 374, § 222, eff. Jan. 1, 1991.

 

§ 11-1020. 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.

CREDIT(S)

Added as § 24-378 by Laws 1975, Ch. 164, § 11. Renumbered as § 11-1020 by Laws 1990, Ch. 374, § 222, eff. Jan. 1, 1991.

 

§ 11-1021. 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 animal destroyed while impounded in a county, city or town pound shall be destroyed only by the use of one of the following:

1. Sodium pentobarbital or a derivative of sodium pentobarbital.
2. T-61 euthanasia solution or its generic equivalent.
 
C. If an animal is destroyed by means specified in subsection B, paragraph 1 or 2 of this section, it shall be done by a licensed veterinarian or in accordance with procedures established by the state veterinarian pursuant to § 3-1213.
 
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.
 
CREDIT(S)

Added as § 24-381 by Laws 1976, Ch. 139, § 1. Amended by Laws 1981, Ch. 80, § 2, eff. April 6, 1981. Renumbered as § 11-1021 and amended by Laws 1990, Ch. 374, §§ 223, 404, eff. Jan. 1, 1991; Laws 2009, Ch. 106, § 3.

 

§ 11-1022. Sterilization of impounded dogs and cats; definition

A. A dog or cat shall not be released for adoption from a county, city or town pound or from an animal shelter unless one of the following applies:

1. The dog or cat has been first surgically spayed or neutered or sterilized by another procedure.

2. There is no veterinary facility capable of performing sterilization within a twenty mile radius of the pound or shelter.

3. A veterinarian determines that a medical contraindication for sterilization exists that reasonably requires postponement of the sterilization until the surgery or another approved sterilization procedure can be performed in a safe and humane manner.

B. If subsection A, paragraph 2 or 3 of this section applies, the adopting party shall sign an agreement to have the dog or cat sterilized by a veterinarian within thirty days or within fifteen days of a veterinarian's determination that sterilization may be performed in a safe and humane manner and shall deposit with the pound or shelter an amount sufficient to ensure that the dog or cat will be sterilized.

C. If the adoption fee includes the cost of sterilization, no deposit is required. The amount of the deposit required by subsection B of this section shall be determined by the pound or shelter to be comparable to the lowest fee charged by veterinarians in the county. The pound or shelter shall refund to the adopting party any monies deposited pursuant to the agreement if within the time provided in the agreement there is presented a written statement signed by a licensed veterinarian that the adopted dog or cat has been sterilized.

D. Any deposit monies that are not refunded under subsection C of this section shall be used only for the following purposes:

1. Sterilization of dogs and cats.

2. Public education to prevent overpopulation of dogs and cats.

3. Costs of confirming that adopted dogs and cats are sterilized.

E. This section does not apply to a county or incorporated city or town that adopts an ordinance or resolution for dog and cat sterilization that exceeds the requirements of this section.

F. A dog or cat shall not be released to its owner from a county, city or town pound or from an animal shelter unless one of the following applies:

1. The dog has a current dog license pursuant to § 11-1008 at the time the dog entered the pound or shelter.

2. The dog or cat has been sterilized and implanted with a microchip for the purposes of identification at the dog or cat owner's expense.

3. There is no veterinary facility capable of performing sterilization within a twenty mile radius of the pound or shelter.

4. A veterinarian determines that a medical contraindication for sterilization exists that reasonably requires postponement of the sterilization until the surgery or another approved sterilization procedure can be performed in a safe and humane manner.

5. The owner pays a fifty dollar recovery fee, in addition to any fees and costs otherwise required pursuant to this article.

G. Before sterilizing an animal pursuant to subsection F, paragraph 2 of this section, an animal shelter shall hold the impounded dog or cat for a minimum of seventy-two hours and make reasonable efforts to locate its owner by inspecting it for microchips, tattoos or other identifying information.

H. For the purposes of this section:

1. “Animal shelter” means a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit corporate organization devoted to the welfare, protection and humane treatment of animals.

2. “Sterilization” means the surgical removal of the reproductive organs of a dog or cat or the use of humane nonsurgical methods and technologies approved by the food and drug administration, the United States department of agriculture or the environmental protection agency to permanently render the animal unable to reproduce.

CREDIT(S)

Added as § 24-382 by Laws 1990, Ch. 245, § 1. Renumbered as § 11-1022 by Laws 1990, Ch. 374, § 223, eff. Jan. 1, 1991. Amended by Laws 2002, Ch. 63, § 1; Laws 2009, Ch. 106, § 4; Laws 2011, Ch. 213, § 2. 

§ 11-1023. Unauthorized release of animals; classification; damages

A person who intentionally releases an animal that is lawfully confined for scientific, research, commercial, educational or for public event, display or exhibition purposes without the consent of the owner or custodian of the animal is guilty of a class 6 felony [FN1] and in addition is liable for all of the following:

1. To the owner of the animal for damages including the costs of restoring the animal to confinement and to its health condition before the release.

2. For damages to real and personal property caused by the released animal.

3. If the release causes the failure of an experiment or loss of market value, for all costs of repeating the experiment and the loss of value, including replacement of the animals, labor and materials.

[FN1] See § 13-601.

CREDIT(S)

Added as § 24-383 by Laws 1990, Ch. 268, § 1. Renumbered as § 11-1023 by Laws 1990, Ch. 374, § 223, eff. Jan. 1, 1991. Amended by Laws 1999, Ch. 143, § 1.

 

§ 11-1024. Service animals; rights of individuals with disabilities; violation; classification; definitions

A. Any person or entity that operates a public place shall not discriminate against individuals with disabilities who use service animals if the work or tasks performed by the service animal are directly related to the individual's disability. Work or tasks include assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities and helping individuals with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors. The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks.

B. It is not discriminatory to exclude a service animal from a public place if one or more of the following apply:

1. The animal poses a direct threat to the health or safety of others.

2. The animal fundamentally alters the nature of the public place or the goods, services or activities provided.

3. The animal poses an undue burden.

C. Public places may maintain a general no pets policy if it is not used to exclude service animals and if it does not grant rights to any person to bring the person's pet into a public place that otherwise does not permit pets.

D. A service animal handler is liable for any damage done to a public place by the service animal or service animal in training.

E. Any trainer or individual with a disability may take an animal being trained as a service animal to a public place for purposes of training it to the same extent as provided in subsections A, B and C of this section.

F. A zoo or wild animal park may prohibit a service animal, including a dog guide or service dog, from any area of the zoo or wild animal park where the service animal may come into direct contact with the animals contained in the zoo or wild animal park. Service animals shall not be excluded from public walkways or sidewalks or from any area that allows for physical barriers between the service animals, dog guides or service dogs and the animals in the zoo or wild animal park. Any zoo or wild animal park that prohibits dog guides and service dogs shall provide without cost adequate facilities for the temporary confinement of dog guides and service dogs. The facilities shall be adequate to accommodate the anticipated attendance of legally blind, deaf or physically disabled persons, shall be in an area not accessible to the general public, shall provide water for the dog guides and service dogs and shall otherwise be safe, clean and comfortable. The zoo or wild animal park on request by a legally blind person who is required to leave that person's dog guide or service dog pursuant to this subsection shall provide a sighted escort if the legally blind person is unaccompanied by a sighted person.

G. The driver of a vehicle approaching a legally blind pedestrian who is carrying a cane that is predominately white or metallic in color, who is using a service animal or who is assisted by a sighted person shall yield the right-of-way and take reasonable precautions to avoid injury to the pedestrian and the service animal. The pedestrian has the same rights as any other person whether or not the pedestrian is carrying the cane, using a service animal or being assisted by a sighted person. Drivers shall take the same precautions with respect to pedestrians who have a disability other than blindness and their service animals. A driver who violates this subsection is liable for damages for any injury caused to the pedestrian or the service animal.

H. Any person or entity that violates subsections A through G of this section is guilty of a class 2 misdemeanor.

I. This section is not intended to affect any civil remedies available for a violation of this section.

J. For the purposes of this section:

1. “Direct threat to the health or safety of others” means that a significant risk to the health or safety of others exists and cannot be eliminated by modification of policies, practices or procedures or by the provision of auxiliary aids or services.

2. “Discriminate” means discriminatory actions prescribed in § 41-1492.02 and includes:

(a) Refusing to permit an individual with a disability to enter a public place with a service animal or interfering with the individual's right to enter or use the public place.

(b) Failing to provide an individual with a disability the same services and access to the same areas of the premises as afforded to others.

(c) Attempting to impose a charge, fee or deposit because an individual with a disability is accompanied by a service animal.

(d) Requiring an individual with a disability to disclose disability related information. However, a public accommodation may ask if the animal is a service animal being used because of a disability.

(e) Requiring provision of identification for the service animal.

3. “Individual with a disability” means an individual who has a physical or mental impairment that substantially limits one or more of the major life activities of the individual.

4. “Public place” means any office or place of business or recreation to which the general public is invited, whether operated by a public or private entity and includes all forms of conveyance, including taxis, tow trucks and ambulances.

5. “Service animal” means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability. Service animal does not include other species of animals, whether wild or domestic or trained or untrained.

6. “Wild animal park” means an entity that is open to the public on a regular basis, that is licensed by the United States department of agriculture as an exhibit and that is operating primarily to conserve, propagate and exhibit wild and exotic animals.

Credits

Added by Laws 2003, Ch. 170, § 2. Amended by Laws 2004, Ch. 265, § 1; Laws 2013, Ch. 59, § 1.

 

§ 11-1025. Liability for dog bites

A. The owner of a dog which bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of its viciousness.

B. Nothing in this section or in § 11-1020 shall permit the bringing of an action for damages against any governmental agency using a dog in military or police work if the bite occurred while the dog was defending itself from a harassing or provoking act, or assisting an employee of the agency in any of the following:

1. In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect's involvement in criminal activity.

2. In the investigation of a crime or possible crime.

3. In the execution of a warrant.

4. In the defense of a peace officer or another person.

C. Subsection B of this section shall not apply in any case where the victim of the bite was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act that prompted the use of the dog in the military or police work.

D. Subsection B of this section shall apply only where a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subsection B of this section.

CREDIT(S)

Formerly § 24-521. Renumbered as § 11-1025 by Laws 1990, Ch. 374, § 223, eff. Jan. 1, 1991. Amended by Laws 1992, Ch. 242, § 2.

 

§ 11-1026. Lawful presence on private property defined

A person is lawfully in or on the private property of the owner of a dog within the meaning of this article when an invitee or guest, or when in the performance of a duty imposed upon him by law of the state or United States, or by ordinances of a municipality in which such property is located.

CREDIT(S)

Formerly § 25-522. Renumbered as § 11-1026 by Laws 1990, Ch. 374, § 223, eff. Jan. 1, 1991.

 

§ 11-1027. Reasonable provocation as defense

Proof of provocation of the attack by the person injured shall be a defense to the action for damages. The issue of provocation shall be determined by whether a reasonable person would expect that the conduct or circumstances would be likely to provoke a dog.

CREDIT(S)

Formerly § 24-523. Renumbered as § 11-1027 by Laws 1990, Ch. 374, § 223, eff. Jan. 1, 1991. Amended by Laws 2002, Ch. 81, § 1.

 

§ 11-1028. Definitions

In this article, unless the context otherwise requires, the definitions in § 11-1001 apply.

CREDIT(S)

Added by Laws 2002, Ch. 152, § 3.

 

§ 11-1029. Hearing on disposition of abused and vicious animals; forfeiture; exception

A. A peace officer, county enforcement agent or animal control officer who has impounded an animal pursuant to § 11-1014, on a showing of probable cause that the animal is vicious or may be a danger to the safety of any person or other animal, may request a disposition hearing before a justice of the peace or city magistrate to determine whether the animal is vicious. The hearing shall be set within fifteen business days after the request has been filed.
B. The officer or agent who has requested a hearing under subsection A of this section shall serve the order on the owner of the animal either by personal service on the owner or by leaving a copy of the order with a person of suitable discretion at the owner's residence or place of business. Proof of service shall be filed with the court. If the justice of the peace or city magistrate determines that the animal is vicious, the justice of the peace or city magistrate may order that the animal be forfeited to the officer or agent for transfer to a legally incorporated humane society, county animal shelter or approved rescue agency or be humanely destroyed. The owner shall pay impound fees and any other costs for boarding or necessary veterinary care. If the justice of the peace or city magistrate determines that the animal is not vicious, the justice of the peace or city magistrate may order the animal returned to the owner, except that if the owner fails to appear at the hearing, the justice of the peace or city magistrate may order that the animal be forfeited to the officer or agent for transfer to a legally incorporated humane society, county animal shelter or approved rescue agency and be made available for adoption or humane destruction.
C. This section does not apply to the seizure of an equine pursuant to § 3-1721 or to a city, town or county that adopts or has adopted an ordinance or resolution providing for the forfeiture of a vicious animal if the ordinance or resolution imposes requirements that are equal to or more stringent than this section.

 

Credits

Added by Laws 2004, Ch. 267, § 1. Amended by Laws 2012, Ch. 73, § 1.

Title 17. Game and Fish. Chapter 3. Taking and Handling of Wildlife. Article 1. General Regulations.

§ 17-309. Violations; classification

A. Unless otherwise prescribed by this title, it is unlawful for a person to:

1. Violate any provision of this title or any rule adopted pursuant to this title.

2. Take, possess, transport, buy, sell or offer or expose for sale wildlife except as expressly permitted by this title.

3. Destroy, injure or molest livestock, growing crops, personal property, notices or signboards, or other improvements while hunting, trapping or fishing.

4. Discharge a firearm while taking wildlife within one-fourth mile of an occupied farmhouse or other residence, cabin, lodge or building without permission of the owner or resident.

5. Take a game bird, game mammal or game fish and knowingly permit an edible portion thereof to go to waste, except as provided in § 17-302.

6. Take big game, except bear or mountain lion, with the aid of dogs.

7. Make more than one use of a shipping permit or coupon issued by the commission.

8. Obtain a license or take wildlife during the period for which the person's license has been revoked or suspended or the person has been denied a license.

9. Litter hunting and fishing areas while taking wildlife.

10. Take wildlife during the closed season.

11. Take wildlife in an area closed to the taking of that wildlife.

12. Take wildlife with an unlawful device.

13. Take wildlife by an unlawful method.

14. Take wildlife in excess of the bag limit.

15. Possess wildlife in excess of the possession limit.

16. Possess or transport any wildlife or parts of the wildlife that was unlawfully taken.

17. Possess or transport the carcass of big game without a valid tag being attached.

18. Use the edible parts of any game mammal or any part of any game bird or nongame bird as bait.

19. Possess or transport the carcass or parts of a carcass of any wildlife that cannot be identified as to species and legality.

20. Take game animals, game birds and game fish with an explosive compound, poison or any other deleterious substances.

21. Import into this state or export from this state the carcass or parts of a carcass of any wildlife unlawfully taken or possessed.

B. Unless a different or other penalty or punishment is specifically prescribed a person who violates any provision of this title, or who violates or fails to comply with a lawful order or rule of the commission, is guilty of a class 2 misdemeanor.

C. A person who knowingly takes any big game during a closed season or who knowingly possesses, transports or buys any big game that was unlawfully taken during a closed season is guilty of a class 1 misdemeanor.

D. A person is guilty of a class 6 felony who knowingly:

1. Barters, sells or offers for sale any big game or parts of big game taken unlawfully.

2. Barters, sells or offers for sale any wildlife or parts of wildlife unlawfully taken during a closed season.

3. Barters, sells or offers for sale any wildlife or parts of wildlife imported or purchased in violation of this title or a lawful rule of the commission.

4. Assists another person for monetary gain with the unlawful taking of big game.

5. Takes or possesses wildlife while under permanent revocation under § 17-340, subsection B, paragraph 3.

E. A peace officer who knowingly fails to enforce a lawful rule of the commission or this title is guilty of a class 2 misdemeanor.


Credits

Added by Laws 1958, Ch. 80, § 2. Amended by Laws 1968, Ch. 101, § 2; Laws 1971, Ch. 31, § 4; Laws 1978, Ch. 201, § 299, eff. Oct. 1, 1978; Laws 1979, Ch. 107, § 1; Laws 1986, Ch. 228, § 2; Laws 1989, Ch. 41, § 1; Laws 1990, Ch. 196, § 1; Laws 2002, Ch. 103, § 1; Laws 2006, Ch. 238, § 5; Laws 2012, Ch. 128, § 2.

 

Title 28.  Transportation.  Chapter 7.  Certificate of Title and Registration.  Article 12.  Special Plates.

§ 28-2422. Spaying and neutering of animals special plates

A. The department shall issue spaying and neutering of animals special plates. The companion animal spay and neuter committee established by § 28-2422.01 shall design the spaying and neutering of animals special plates. The design and color of the spaying and neutering of animals special plates are subject to the approval of the department.

B. Of the twenty-five dollar fee required by § 28-2402 for the original special plates and for renewal of special plates, eight dollars is a special plate administration fee and seventeen dollars is an annual donation.

C. The department shall deposit, pursuant to §§ 35-146 and 35-147, all special plate administration fees in the state highway fund established by § 28-6991 and all donations collected pursuant to this section in the spaying and neutering of animals fund established by § 28-2422.02.

CREDIT(S)

Added as § 28-2420 by Laws 2004, Ch. 319, § 3. Renumbered as § 28-2422. Amended by Laws 2007, Ch. 251, § 6.

§ 28-2422.01. Companion animal spay and neuter committee

A. The companion animal spay and neuter committee is established consisting of the following seven members who reside in this state and who are appointed by the governor:

1. Two members, each representing a different humane society that is incorporated in this state and that does not provide animal control services.

2. Two members, each representing a different animal control entity that is not affiliated with a humane society.

3. One member who represents a humane society with an animal control act.

4. One member who represents the Arizona veterinary medical association.

5. One member who represents an established community coalition of animal welfare organizations.

B. The companion animal spay and neuter committee members shall serve five year terms.

C. The committee shall:

1. Distribute monies from the spaying and neutering of animals fund established by § 28-2422.02. The committee may designate a third party administrator who shall assume the responsibilities of receiving applications, making decisions relating to the distribution of monies and complying with the distribution requirements prescribed in § 28-2422.02. For the purposes of this section, the third party administrator shall be a corporation that files under § 501(c)(3) of the United States internal revenue code [FN1] for federal income tax purposes and that is experienced in awarding grants.

2. Submit a written report to the governor, the president of the senate and the speaker of the house of representatives pursuant to § 28-2422.02.

D. Members of the committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2. [FN2]

CREDIT(S)

Added as § 41-110 by Laws 2004, Ch. 319, § 7. Renumbered as 28-2422.01.

[FN1] Internal Revenue Code sections may be found in Title 26 of U.S.C.A.

[FN2] Section 38-621 et seq.

 

§ 28-2422.02. Spaying and neutering of animals fund; definitions

A. The spaying and neutering of animals fund is established consisting of monies received pursuant to § 28-2422. The companion animal spay and neuter committee shall administer the fund. The first thirty-two thousand dollars received shall be reimbursed to the entity that paid the implementation fee to the department of transportation pursuant to § 28-2422. Excluding the initial thirty-two thousand dollar reimbursement, not more than ten per cent of monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated.

B. The companion animal spay and neuter committee shall allocate monies to a qualifying entity that allocates the monies to programs that seek to reduce pet overpopulation by sterilizing, at minimal or no cost, dogs and cats in this state including those that are impounded and sterilized pursuant to § 11- 1022. The companion animal spay and neuter committee shall annually distribute all monies deposited in the spaying and neutering of animals fund, excluding administrative fees, to any qualifying entities. Funds awarded pursuant to this section shall not be used to sterilize animals that may be euthanized unless euthanasia becomes necessary due to illness, injury or behavior.

C. On notice from the companion animal spay and neuter committee, the state treasurer shall invest and divest monies in the fund as provided by § 35- 313, and monies earned from investment shall be credited to the fund.

D. Monies in the fund are exempt from the provisions of § 35-190 relating to lapsing of appropriations.

E. Before allocating monies pursuant to subsection B of this section:

1. The companion animal spay and neuter committee shall prepare and issue a request for donation application that includes at least the following information:

(a) A description of the project types eligible for funding, including the scope of the work to be performed by an awardee.

(b) Identification of the funding source and the total amount of available monies.

(c) Whether a single award or multiple awards may be made.

(d) Encouragement of collaboration by entities for community partnerships, if appropriate.

(e) Any additional information required by the applications.

(f) The criteria or factors under which an application will be evaluated for award and the relative importance of each criteria or factor.

(g) The due date for submittal of an application and the anticipated time the awards may be made.

2. Adequate public notice of the request for donation application shall be given a reasonable time before the date set forth in the request for application. The notice may include publication one or more times in a newspaper of general circulation in this state a reasonable time before the application opening.

3. A preapplication conference may be conducted before the due date for the submittal of an application to explain the donation application requirements. Statements made at a preapplication conference are not amendments to a request for a donation application unless a written amendment is issued.

4. A donation application shall be publicly received at the time and place designated in the request for donation application. The name of each applicant shall be publicly read and recorded. All other information in the donation application is confidential during the process of evaluation. All applications shall be open for public inspection after donations are awarded. To the extent the applicant designates and the state concurs, trade secrets and other proprietary information contained in the application shall remain confidential.

5. An application shall be evaluated by at least four evaluators who are members of the companion animal spay and neuter committee. The evaluators may allow an applicant to make an oral or written presentation regarding the scope of work, terms and conditions of the donations, budget and other relevant matters set forth in the request for application. An applicant shall be accorded fair treatment with respect to any opportunity for oral or written presentations. The evaluators may require an applicant to revise the application to reflect information provided in an oral or written presentation. Any person who has information contained in the application of competing applicants shall not disclose that information.

6. The evaluators shall review each application based solely on the evaluation criteria or factors set forth in the request for donation application. Each evaluator shall maintain a written record of the evaluator's assessment of each application, which shall include comments regarding compliance with each evaluation criteria or factor, the citation of a specific criteria or factor as the basis of each stated strength or weakness and a clear differentiation between comments based on facts presented in the application and comments based on professional judgment.

7. The evaluators shall make award recommendations to the companion animal spay and neuter committee based on the evaluators' reviews of each application. The evaluators' recommendations may include the adjustment of the budgets of the applicants individually or collectively.

8. The companion animal spay and neuter committee may affirm, modify or reject the evaluators' recommendations in whole or in part. Modification of the evaluators' recommendations may include the adjustment of the budget on any proposed award individually or on all awards by an amount or percentage. If the companion animal spay and neuter committee modifies or rejects the recommendations, the committee shall document in writing the specific justifications for the action taken.

9. The companion animal spay and neuter committee may enter into agreements with other state governmental units to furnish assistance in conducting the solicitation of donation applications.

10. The companion animal spay and neuter committee may resolve protests of the award or proposed award of a donation. An appeal from a decision of the companion animal spay and neuter committee may be made to the director of the department of administration. A protest of an award or proposed award of a donation and any appeals shall be resolved in accordance with the rules of procedure adopted by the department of administration pursuant to § 41-2611.

F. On or before December 31 of each year, the companion animal spay and neuter committee shall submit a written report to the governor, the president of the senate and the speaker of the house of representatives on all expenditures made from the fund in that calendar year. The report shall include all administrative expenses, all grants of monies, the names of grantees and any remaining balance in the fund. The committee shall provide a copy of the report to the secretary of state and the director of the Arizona state library, archives and public records.

G. The companion animal spay and neuter committee shall make available to the public a list of all grants awarded pursuant to this section.

H. For the purposes of this section:

1. "Donation" means furnishing financial or other assistance, including state monies or federal grant monies, by the companion animal spay and neuter committee to any qualifying entity that allocates the monies to programs that seek to reduce pet overpopulation by sterilizing, at minimal or no cost, dogs and cats in this state that are owned by the general public or that are impounded and sterilized pursuant to § 11-1022.

2. "Qualifying entity" means either of the following:

(a) An animal welfare organization that files under § 501(c)(3) of the United States internal revenue code [FN1] for federal income tax purposes and that offers or subsidizes sterilization services of dogs and cats, including organizations represented on the companion animal spay and neuter committee.

(b) An animal control agency that offers or subsidizes sterilization services of dogs and cats, including organizations represented on the companion animal spay and neuter committee.

CREDIT(S)

Added as § 41-111 by Laws 2004, Ch. 319, § 7. Renumbered as 28-2422.02.

[FN1] Internal Revenue Code sections may be found in Title 26 of U.S.C.A.


 



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