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It is AWASA's position that to be a an informed, active, animal welfare supporter one must be aware of the laws of our state and community that apply to animals.

Pima County Code
Title 6 Animals

Please Note:
Laws are always subject to change and may not be accurately reflected on this website, which was last updated on May 10, 2002. The text presented here is for informational purposes only. The viewer is responsible for contacting the source directly to verify the accuracy and timeliness of any information presented on this site.

Chapter 6.08
ANIMAL CONTROL ENFORCEMENT RULES OF PROCEDURE

Sections:
6.08.010 Scope of rules.
6.08.020 Definitions.
6.08.030 Commencement of action.
6.08.040 Hearing on violations--Notice.
6.08.050 Appearance and entry of plea.
6.08.060 Notice of counsel or other designated representative.
6.08.070 Representative of the county or the complainant.
6.08.080 Discovery.
6.08.090 Continuance.
6.08.100 Oath.
6.08.110 Questioning of witnesses.
6.08.120 Rules of evidence.
6.08.130 Witnesses.
6.08.140 Order of proceedings.
6.08.150 Record of proceedings.
6.08.160 Default by county.
6.08.170 Findings and written judgment.
6.08.180 Default by defendant.
6.08.190 Setting aside default judgment.
6.08.200 Review by superior court.

6.08.010 Scope of rules.
These rules shall apply in all cases involving the adjudication of civil animal control violations before a hearing officer ("hearing officer"), as established pursuant to A.R.S. § 24-365.01 and Chapter 6.04 of the Pima County Code. (Ord. 1989-40 § 1 Rule 1, 1989)

6.08.020 Definitions.
A. "Animal control officer" means the administrator of Pima animal control or his representative.
B. "Chairman of the board of supervisors" means the chairman or, in the absence of the chairman, the person acting as chairman.
C. "Citation" means a uniform traffic ticket and complaint for civil traffic cases, pursuant to the Rules of Procedure in Civil Traffic Violation Cases adopted by the supreme court, modified as applicable.
D. "Complainant" means the person(s) on whose behalf a citation is issued to a defendant for a violation of this section.
E. "Counsel" means an attorney licensed to practice law in the state of Arizona.
F. "County" means Pima County.
G. "Other designated representative" means a person over eighteen years of age, other than an attorney, authorized in writing by the defendant to represent the defendant in proceedings before the hearing officer. The written authorization shall be in a form sufficient to satisfy the hearing officer that the person has in fact been authorized to act on defendant's behalf and that defendant understands and agrees to be bound by actions taken by the designated representative in proceedings before the hearing officer.
H. "Parties" means the defendant and the county. (Ord. 1989-40 § 1 Rule 2, 1989)

6.08.030 Commencement of action.
Every action or proceeding brought before the hearing officer for a violation of a county animal control ordinance shall be commenced by the filing of a citation by the animal control officer. (Ord. 1989-40 § 1 Rule 3, 1989)

6.08.040 Hearing on violations--Notice.
The hearing officer shall hold a hearing on each violation reported by the animal control officer. Notice of the hearing shall be served personally on the defendant at least ten days before the hearing. (Ord. 1989-40 § 1 Rule 4, 1989)

6.08.050 Appearance and entry of plea.
A. The defendant may admit responsibility by appearing in person or by submitting to the hearing officer a short statement signed by the defendant admitting the allegations of the complaint. Upon receipt of the admission of responsibility, or upon the defendant's appearance and admission, the hearing officer shall set a time and place for the determination of the civil sanction for the violation and shall mail notice of same to defendant and to the animal control officer. At the hearing for the determination of sanctions, the defendant and the animal control officer or the complainant shall each be given an opportunity to state his position on the amount of the sanction to be imposed by the hearing officer.
B. The defendant may deny responsibility by appearing in person or by submitting to the hearing officer a denial signed by the defendant. Upon receipt of said denial, or upon the defendant's appearance and denial, the hearing officer shall set the matter for hearing and notify the defendant, at the address set forth on the citation, or any different address provided by the defendant, of the date, time and place of the hearing. (Ord. 1989-40 § 1 Rule 5, 1989)

6.08.060 Notice of counsel or other designated representative.
A. If a defendant denies the allegations contained in the citation, the hearing officer shall promptly provide the defendant written notice that his right to be represented by counsel or by other designated representative is waived unless he notifies the hearing officer in writing at least five days prior to the hearing date of his election to be represented by counsel or by other designated representative. Such notice to defendant shall specify the appropriate place and manner for filing his notice of counsel or of other designated representative.
B. Absent extraordinary circumstances, failure of a defendant to timely notify the hearing officer of an election to be represented by counsel or other designated representative constitutes a waiver of the right to counsel or other designated representative. (Ord. 1989-40 § 1 Rule 6, 1989)

6.08.070 Representative of the county or the complainant.
The county or complainant need not be represented by counsel at the hearing. Absent extraordinary circumstances, the county's or complainant's right to be represented by counsel or other designated representative is waived unless, at least five days prior to the hearing date, the county or complainant notifies the hearing officer and the defendant, at the address set forth on the complaint or any different address provided by the defendant, of the county's or complainant's election to be represented by counsel or other designated representative. (Ord. 1989-40 § 1 Rule 7, 1989)

6.08.080 Discovery.
A. No pre-trial discovery shall be permitted absent extraordinary circumstances.
B. Immediately prior to the hearing, each party shall produce for inspection by the opposing party any prepared exhibits and written or recorded statements of any witness which may be offered at the hearing. Failure to comply with this rule may result, in the hearing officer's discretion, in the granting of a recess or a continuance to permit such inspection or in the denial of admission of the evidence not so exchanged. (Ord. 1989-40 § 1 Rule 8, 1989)

6.08.090 Continuance.
A. The hearing officer may, upon any motion of any party or on his own motion, continue the hearing for a period not exceeding thirty days, if it appears that the interests of justice so require.
B. Absent extraordinary circumstances, no hearing shall be continued by the hearing officer without notice to all parties.
C. The hearing officer shall notify all parties in writing of the new hearing date. (Ord. 1989-40 § 1 Rule 9, 1989)

6.08.100 Oath.
All testimony shall be given under oath or affirmation. (Ord. 1989-40 § 1 Rule 10, 1989)

6.08.110 Questioning of witnesses.
A. The hearing officer may, on his own motion, call and examine witnesses, including the defendant.
B. No person may be examined at a hearing except by the hearing officer, the defendant, the defendant's attorney or designated representative, the animal control officer, the county attorney, or the complainant. (Ord. 1989-40 § 1 Rule 11, 1989)

6.08.120 Rules of evidence.
The Arizona Rules of Evidence shall not apply before the hearing officer. Any evidence offered may be admitted subject to a determination by the hearing officer that the offered evidence is relevant and material and has some probative value to a fact at issue. Nothing in this rule is to be construed as abrogating any statutory provisions relating to privileged communications. (Ord. 1989-40 § 1 Rule 12, 1989)

6.08.130 Witnesses.
All witnesses for the county's case in chief, other than the defendant, shall be required to testify prior to the defendant being required to testify or to produce any evidence. However, a witness not called to testify in the county's case in chief may be called in rebuttal to testify to an issue raised by the defense. (Ord. 1989-40 § 1 Rule 13, 1989)

6.08.140 Order of proceedings.
The order of proceedings shall be as follows:
A. Testimony of county's witnesses;
B. Testimony of defendant's witnesses;
C. Testimony of county's rebuttal witnesses, if any;
D. Testimony of defendant's surrebuttal witnesses, if any;
E. Argument of the parties, if permitted by the hearing officer;
F. Ruling by the hearing officer. The ruling may include the findings, conclusions and opinion of the hearing officer. (Ord. 1989-40 § 1 Rule 14, 1989)

6.08.150 Record of proceedings.
A record of the proceedings shall be made by audiotape. In addition, a record of the proceedings may be made by a court reporter, if provided by the defendant at his own expense. (Ord. 1989-40 § 1 Rule 15, 1989)

6.08.160 Default by county.
If no witness for the county, excluding defendant, appears at the time set for hearing, the hearing officer shall dismiss the citation unless the hearing officer, for good cause shown, continues the hearing to another date. (Ord. 1989-40 § 1 Rule 16, 1989)

6.08.170 Findings and written judgment.
If the defendant, after hearing, is found by a preponderance of the evidence to have violated an animal control ordinance, the hearing officer shall enter judgment for the county and impose a civil sanction in an amount no less than fifty dollars and no more than five hundred dollars for each violation. Otherwise, the hearing officer shall enter judgment for the defendant. Written judgment shall be rendered not later than five days after the conclusion of the hearing. Nothing in these rules shall prohibit the animal control officer from issuing a citation to the defendant based on subsequent violations of this chapter. (Ord. 1989-40 § 1 Rule 17, 1989)

6.08.180 Default by defendant.
A. If the defendant fails to appear as provided by these rules, the allegations of the citation shall be deemed admitted, and the hearing officer shall enter judgment for the county and impose a civil sanction and report such judgment to the animal control officer.
B. If it appears from the face of the citation that the defendant was in the active military service, no default judgment may be entered. In such case, the hearing officer may notify the defendant's commanding officer, if known, of the defendant's failure to appear. (Ord. 1989-40 § 1 Rule 18, 1989)

6.08.190 Setting aside default judgment.
A. For good cause shown, and upon terms the hearing officer deems just, the hearing officer may set aside a judgment entered upon a failure to appear. A motion to set aside the judgment shall be made in writing within thirty days after entry of judgment.
B. At any time the hearing officer shall set aside a judgment entered upon a failure to appear if it appears to the hearing officer that the named defendant was not served a copy of the citation or for any other reason where necessary to prevent a manifest injustice. (Ord. 1989-40 § 1 Rule 19, 1989)

6.08.200 Review by superior court.
Judicial review of the final decision of the hearing officer shall be pursuant to Arizona Revised Statutes Title 12, Chapter 7, Article 6 (A.R.S. § 12-901 et seq.). (Ord. 1989-40 § 1 Rule 20.1989)

Please Note:
Laws are always subject to change and may not be accurately reflected on this website, which was last updated on May 10, 2002. The text presented here is for informational purposes only. The viewer is responsible for contacting the source directly to verify the accuracy and timeliness of any information presented on this site.

SOURCE: Pima County

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