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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.

City of South Tucson
City Code
Please Note:
Laws are always subject to change and may not be accurately reflected on this website, which was last updated on September 23, 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.
Chapters:

Sec. 3-1. Enforcement.
Sec. 3-2. Interfering with enforcement officers; releasing impounded animals.
Sec. 3-2. Cruelty and neglect.
Sec. 3-4. Animal or fowl fights prohibited.
Sec. 3-5. Failure to render aid to animals struck by vehicles.
Sec. 3-6. Harboring lost animals.
Sec. 3-7. Vicious or destructive animals.
Sec. 3-8. Selling baby chickens, ducklings or young rabbits, forbidden except by
            authorized breeders.
Sec. 3-9. Definitions
Sec. 3-10. Authority to remove and impound animals.
Sec. 3-11. Procedure to remove and forfeit animals notice; order to show cause
            hearing; appeal.
Sec. 3-12. Disposition of animals.
Sec. 3-13. Dangerous animals.
Sec. 3-14. Duty to produce penalties.
Sec. 3-15. Keeping of Hogs, Pigeons or Fowl.
Sec. 3-16. Keeping wild animals.
Secs. 3-17 to 3-20. Reserved
Secs. 3-21 to 3-39 Reserved
Sec. 3-40. Keeping diseased animals prohibited; destruction authorized.
Sec. 3-41. Diseased animals running at large prohibited; impounding or confinement
            enforced.
Sec. 3-42. Animals suspected of rabies -- Report required.
Sec. 3-43. Same -- Refusal to deliver to enforcement officer.
Sec. 3-44. Same - Impounding biting animals; disposition.
Sec. 3-45. Violations; penalties.
Secs. 3-46 to 3-54. Reserved.
Secs. 3-55 to 3-70. Reserved.
Sec. 3-71. Definitions.
Sec. 3-72. Authority of city manager.
Sec. 3-73. Violations; penalties.
Sec. 3-74. Issuance of citations for violations.
Sec. 3-75. Reserved.
Sec. 3-76. Vaccination required.
Sec. 3-77. Vaccination certificate prerequisite to license.
Sec. 3-78. Regulations governing vaccinations.
Sec. 3-80. Vaccination other than in Pima County.
Sec. 3-81. License required.
Sec. 3-82. License fee.
Sec. 3-83. Certain dogs exempt from fee.
Sec. 3-84. Reserved.
Sec. 3-85. Application for license.
Sec. 3-86. Enforcement officer to keep records.
Sec. 3-87. When fees delinquent; delinquency penalty.
Sec. 3-88. Issuance, contents of tags.
Sec. 3-89. Tag to be worn.
Sec. 3-90. Duplicate license tags.
Sec. 3-91. Transfer of licenses.
Sec. 3-92. Tags not transferable to other dogs.
Sec. 3-93. Counterfeiting or transferring tags prohibited.
Sec. 3-94. When tag need not be worn.
Sec. 3-95. Impounding, vaccination of unvaccinated dogs.
Sec. 3-96. Reserved.
Sec. 3-97. Being at large prohibited; exceptions; impoundment; penalties.
Sec. 3-98. Impounding unlicensed dogs.
Sec. 3-99. Impoundment time, notice and costs.
Sec. 3-100. Reserved.
Sec. 3-101. Reserved.
Sec. 3-102. Dog waste removal; exceptions.
Sec. 3-103. Dogs prohibited on school grounds; exceptions.
ORDINANCE NO. 01-01
RELATING TO ANIMAL CONTROL; AMENDING THE SOUTH TUCSON CITY CODE, CHAPTER 3, ANIMALS, BY MODIFYING, REVISING, DELETING AND CREATING NEW PROVISIONS OF CHAPTER 3, REGULATING ANIMAL LICENSING, VACCINATIONS, FEES, FINES AND OVERALL ANIMAL CONTROL IN CONJUNCTION WITH THE INTERGOVERNMENTAL AGREEMENT, "IGA ", WITH PIMA COUNTY ANIMAL CONTROL. BE IT ORDAINED, BY THE MAYOR AND COUNCIL OF THE CITY OF SOUTH TUCSON, ARIZONA, AS FOLLOWS:

The South Tucson City Code, Chapter 3, animals, is hereby amended by modifying, revising, deleting and adding new sections. Article I, Sections 3-1 to 3-20; Article II, Sections 3-21 to 3-29, Reserved; Article III, Sections 3-40 to 3-54; Article IV, Sections 3-55 to 3-70, Reserved; Article V, Sections 3-71 to 3-103.

CHAPTER THREE
ANIMALS AND FOWL
ARTICLE I. IN GENERAL
Sec. 3-1. Enforcement.

Any peace officer, or any county animal control officer, is hereby authorized and empowered to enforce the provisions of this chapter and to issue citations for violations thereof in accordance with the Intergovernmental Agreement "IGA" with Pima County Animal Control adopted pursuant to ORD. No. 00-16 on June 20, 2000. (Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12,2001.)

Sec. 3-2. Interfering with enforcement officers; releasing impounded animals.

It shall be unlawful for any persons to interfere with any officer authorized to enforce this chapter in the performance of her /his duties, or to release any animal duly impounded, and any person guilty of doing so will be committing a Class 1 Misdemeanor. (Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12,2001.)

Sec. 3-3. Cruelty and neglect.

Sec. 3-3(1). Cruelty.

Whoever tortures, torments, cruelly beats, mutilates or unlawfully kills an animal, or causes or procures an animal to be so tortured, tormented, cruelly beaten, mutilated or killed, and whoever, having charge or custody of an animal, either as owner or otherwise, inflicts unnecessary cruelty upon it, cruelly carries it or causes it to be carried in or upon a vehicle or otherwise, in an unnecessarily manner causes cruelty upon it, or otherwise, in an unnecessarily cruel or inhumane manner or knowingly and willfully authorizes or permits it to be subjected to unreasonable or unnecessary torture, suffering or cruelty of any kind, shall be guilty of a Class 1 Misdemeanor. State Law Reference A.R.S. Sec. 13-2910.

Sec. 3-3(2). Neglect.

The purpose of this subsection is to guarantee that animals under human custody or control are housed in healthy environments and are provided with proper food, water, shelter, medical care, exercise space and ventilation. Any person owning or having care, control or custody of any animal shall provide:
(a) That the animal receives food that is free from contamination and is sufficient quantity and nutritive value to maintain the animal in good health.
(b) That potable water is accessible to the animal at all times, either free-flowing or in a clean receptacle.
(c) That the animal receives care and medical treatment for debilitating injuries, parasites and diseases, sufficient to maintain the animal in good health and minimize suffering.
(d) That the animal is given adequate exercise space as follows:
(1) Within an enclosure that shall be constructed of material, and in a manner, to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition;
(2) Tieouts are prohibited.
(e) That the animal has access to adequate ventilation and is protected from ,temperature extremes at all times. In this connection, it is unlawful for any person to keep any animal in a vehicle or other enclosed space in which the temperature is either so high or so low, or the ventilation is so inadequate, as to endanger the animal's life or health. Any peace officer or county animal control officer is authorized to use whatever force is reasonable and necessary to remove any animal from a vehicle or other enclosed space whenever it appears that the animal's life or health is endangered by extreme temperatures or lack of ventilation within the vehicle or other enclosed space. No peace officer or county animal control officer shall be liable for damages to property caused by the use of reasonable force to remove an animal from such a vehicle or other enclosed space under such circumstances.

Sec. 3-3(3). Any of the provisions of this section "W" may be waived as dictated by treatment under direction of a licensed veterinarian.
Sec. 3-3(4). Any person violating the provisions of this section shall be guilty of a Class 1 Misdemeanor.
Sec. 3-3(5). Penalties. A violation of any provision of this section is punishable by a fine of not less than one hundred dollars ($100.00) nor more than two thousand five hundred dollars ($2,500.00). No judge, magistrate or special magistrate may suspend the imposition of the minimum fine prescribed herein. In addition to the [me amount, the penalty may include not more than (6) months in jail and not more than three (3) years probation, or any combination thereof. In addition, restitution shall be ordered to the victim. This remedy shall not abridge any civil cause of action by the victim. In addition, upon finding of neglect or cruelty by a city magistrate or special magistrate, the magistrate or special magistrate may order that the owner shall not be permitted to own or control any animal for a period of up to three (3) years. (Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12,2001). State Law reference -Cruelty to animals generally, A,R.S, § 13-2910.

Sec. 3-4. Animal or fowl fights prohibited.

Any person who is the owner of, or who has the charge, custody or control of any animal or fowl, who willfully and knowingly permits or aids, abets or encourages, such animal or fowl to engage in a fight with any other animal or fowl within the city, on a wager, or for sport, or for any other purpose, shall be deemed guilty of a Class 1 Misdemeanor. (Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12,2001).

Sec. 3-5. Failure to render aid to animals struck by vehicles.

If any person accidentally or otherwise hits an animal with an automobile or other vehicle and injures the same within the city and goes away without making a reasonable effort to render aid and assistance in the care of such animal, he shall be deemed guilty of a Class 1 Misdemeanor. (Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12,2001).

Sec. 3-6. Harboring lost animals.

It shall be unlawful for any person to harbor or keep within the city any lost or strayed animal. Whenever any animal shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the animal shelter or pound at once. (Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12,2001).

Sec. 3-7. Vicious or destructive animals.

Sec. 3-7(1). Definitions. In this section, unless the context otherwise requires:
(a) Bite means any penetration of the skin by the teeth of any animal.
(b) Destructive animal means any animal that has a propensity to destroy, damage or cause damage to the property of a person other than the animal's owner.
(c) Owner shall be defined in section 3-9 of this article.
(d) Vicious animal means any animal that bites, attempts to bite, endangers or otherwise injuries or causes to be injured human beings or other animals, except as provided in minor section 3- 7(4), or one that has been declared vicious pursuant to this article.
(e) Police dog means any dog belonging to any law enforcement agency service dog unit.
(f) Provocation means any behavior toward an animal or its owner which is likely to cause a defensive reaction by the animal.
Sec. 3-7(2). Prohibited Activity.
(a) It shall be unlawful for any person to keep, control, harbor or otherwise have under control any animal which is vicious or destructive. This section shall not apply to zoos, wild animal parks, animal shelters or persons complying with section 3-25 of Article II of this chapter, or with the orders of a city magistrate issued pursuant to this article.
(b) The owner of any animal that bites, attempts to bite, endangers or otherwise injures or causes injury to human beings or other animals is guilty of a misdemeanor, except as provided in minor section 3- 7(4).
(c) The owner of any animal that destroys, damages or causes damage to the property of another person is guilty of a Class 1 Misdemeanor.
(d) It is unlawful for any person to fail to comply with an order of a city magistrate or special magistrate regarding a vicious or destructive animal. It is a separate offense for each day that such person fails to comply with the magistrate's order.
Sec. 3-7(3). Penalty.
A violation of any provision of this section is punishable by a fine of not less than two hundred dollars ($200.00) nor more than two thousand five hundred dollars ($2,500.00). No magistrate or special magistrate may suspend the imposition of the minimum fine prescribed herein. In addition to the fine amount, the penalty may include not more than six (6) months in jail and not more than three (3) years probation, or any combination thereof. In addition, unless the animal has been previously forfeited or destroyed, upon a finding of guilt, a magistrate or special magistrate shall declare an animal vicious or destructive and shall order one (1) or more of the following:
(a) That the animal shall be spayed or neutered by a licensed veterinarian at the owner's expense and that the owner of the animal shall comply with the provisions of minor sections 3-13-(4), (5) and (6); or
(b) that the animal be banished from the city limits after first being spayed or neutered by a licensed veterinarian at the owner's expense; the animal may be forfeited to the city enforcement agent or the Owner shall provide a certificate of spaying or neutering from a licensed veterinarian to the city enforcement agent within the time given by the court to ensure the humane destruction of the animal or the spaying or neutering of the animal before banishment; or
(c) That the animal be humanely destroyed.
In addition, restitution shall be ordered made by the owner to the victim. This remedy shall not abridge any civil cause of action by the victim. (Code 1976, Ch. 3 Sec. 3-4; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001 ).
Sec. 3-7(4). Defenses.
It shall be an affirmative defense to the provisions of this section if the animal is:
(a) Not at large and there is provocation; or
(b) A police dog under the command of its trainer.
Sec. 3-7(5). Authority and procedures to remove and impound The authority and procedure to remove and impound an animal shall be pursuant to those described in sections 3-10 and 3-11 of the South Tucson Code.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12,2001).
State law reference - Procedures and Remedies for animal code violations, AR.S. § A.R.S. 9-240 (16).

Sec. 3-8. Selling baby chickens, ducklings or young rabbits, forbidden except by authorized breeders.

It shall be unlawful for any person to sell or to give away baby chickens or ducklings under six (6) weeks of age or rabbits under two (2) months of age in less than half-dozen lots as premiums, novelties, prizes, pets or toys, for the promotion of any business, sale, activity or other promotional use; provided that this section shall not be considered to prohibit the sale or display of baby chickens or ducklings or rabbits in proper facilities that comply with the provisions of any 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 1976, Ch. 3 Sec. 3-2; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001).

Sec. 3-9. Definitions

In this chapter, unless the context otherwise requires:
(a) Animal means any animal of a species that is susceptible to rabies, except human beings. Fowl means a bird of any kind.
(b) Owner means any person owning, keeping, possession, harboring, maintaining or having custody or otherwise having control of an animal for more than six (6) consecutive days.
(c) Wild animal means any animal which is now or historically has been found in the wild, or in the wild state. Wild state means living in its original, natural condition; not domesticated. Any hybrid cross resulting from the cross breeding between two (2) different species or types of animals, including crosses between wild animal species and domestic animals such as dog-wolf crosses, are considered wild animals.
(d) Vicious Animal means any animal of the order of Carnivora that has the propensity to attack, to cause injury to or 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.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001); Article 6, A.R.S. Sec 11-1001, definitions.

Sec. 3-10. Authority to remove and impound animals.

(a) A peace officer or a city enforcement agent is hereby authorized and empowered to remove and impound any animal in plain view, or pursuant to a valid search warrant if the officer has probable cause to believe any of the following:
(1) That an animal is in distress caused by mistreatment, tie-out, exposure to the elements, extremes of temperature, lack of adequate ventilation or drainage, lack of sanitation, deprivation of proper food or potable water, restraint, restriction of movement, confinement, lack of sufficient exercise space, constrictive gear, injury, illness, physical impairment or parasites; or
(2) That an animal's well-being is threatened by a dangerous condition or circumstance; and if he has reason to believe either:
a. That the distress of the animal or the dangerous condition or circumstance was caused or allowed to be caused by the willful act or omission or negligence of the owner; or
b. That it is likely the animal would be in distress from any cause, or its well- being would be threatened by any dangerous condition or circumstance if the owner retains ownership of the animal.
(3) That an animal is vicious or destructive and may be a danger to the safety of any person or other animal.
(4) An animal is deemed to be in distress if it is on a tie-out.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12,2001); State Law Reference - Chapter 2, A.RS. Sec. 240(16).

Sec. 3-11. Procedure to remove and forfeit animals notice; order to show cause hearing; appeal.

The following procedures shall be followed by the city enforcement agent or a peace officer when any animal is removed or impounded pursuant to sections 3-7 and 3-10:
(a) If the owner is known, and unless the owner signs a statement permanently relinquishing ownership of the animal to the city enforcement agent, the owner shall be provided with a written notice of the city's intent to file within ten (10) days of receipt of the notice, a written request with the magistrate or special, magistrate for a hearing to determine if the animal should be returned to the owner or forfeited to the city enforcement agent. If the owner's whereabouts cannot be determined, notice shall be mailed to the owner at the owner's last known address by registered or certified mail, return receipt requested. The notice shall include the bond amount required pursuant to section 3-11 G). If not posted within ten i (10) days of the notice, the animal shall be deemed forfeited.
(b) If the city files a written request for a hearing before the magistrate or special magistrate the hearing shall be set for a date not less than ten (10) not more than fifteen (15) working days after the request has been filed with the South Tucson City Court.
(c) If the owner fails to appear at the hearing, the magistrate or special magistrate shall order the animal forfeited to the city enforcement agent to be disposed of pursuant to section 3-12 of Article I of this chapter.
(d) At the hearing if the magistrate or special magistrate finds from a preponderance of the evidence either:
(1) That an animal was in distress caused by mistreatment, tie-out, exposure to the elements, extremes of temperature, lack of adequate ventilation or drainage, lack of sanitation, deprivation of proper food or potable water, restraint, restriction of movement, confinement, lack of sufficient exercise space, constrictive gear, injury, illness, physical impairment or parasites; or
(2) That the well-being of the animal was threatened by a dangerous condition or circumstance; and either. (3) That the distress of the animal or dangerous condition or circumstances was caused or allowed to be caused by the willful act or omission or negligence of the owner; or
(4) That it is likely the animal would be in distress from any cause, or its well being would be threatened by any dangerous condition or circumstance if the owner retains ownership of the animal;
The magistrate or special magistrate shall order the animal to be forfeited to the city enforcement agent and disposed of pursuant to section 3-12 of this Code.
(e) At the hearing, if the magistrate or special magistrate finds that an animal is dangerous or vicious or destructive, and is a danger to the safety of any person or other animal, then the magistrate or special magistrate shall order the owner to do one (1) or more of the following:
(1) That the animal shall be spayed or neutered by a licensed veterinarian at the owner's expense and that the owner of the animal shall comply with the provisions of minor sections 3-13(4) , (5) and (6); or
(2) That the animal be banished from the city limits after first being spayed or neutered by a licensed veterinarian at the owner's expense; the animal may be forfeited to the city enforcement agent or the owner shall provide a certificate of spaying or neutering from a licensed veterinarian to the city enforcement agent within the time given by the court to ensure that the humane destruction of the animal or the spaying or neutering of the animal before banishment; or
(3) That the animal be humanely destroyed.
(f) Nothing in these sections 3-7 and 3-10, shall be construed as precluding the use of any other remedies, civil or criminal; the remedies provided herein are cumulative with and not exclusive of any other remedies provided for by law. Nothing in this section shall be construed to estop the prosecution of the owner for violations of chapter 3 of the South Tucson Code or A.R.S. Sec. 13-2910. Nothing in this section shall be construed as precluding the destruction of any animal which destruction is otherwise authorized by law, nor shall anything in this section be construed as precluding the spaying or neutering of any animal. If any provision of this section is in conflict with any other provisions of this Code, the provisions of this section shall be controlling.
(g) Upon seizure pursuant to this section, the owner must post fifteen (15) days of - impoundment fees in advance as a bond to defray some of the costs of boarding, impoundment and any veterinary care needed. This sum shalt be listed on the notice provided to the owner pursuant to section 3-11(a). If the bond is not posted within ten (10) days of the notice, the animal shall be deemed forfeited and disposed of pursuant to section 3-12 of this Code.
(h) If a defendant testified at a hearing held pursuant to this section, the defendant does not, by so testifying, waive the right to remain silent during the trial; and if the defendant does testify at the hearing, neither this fact nor the defendant's testimony at the hearing shall be mentioned at the trial unless the defendant testifies at the trial concerning the same matters.
(i) Appeal of the decision of the magistrate or special magistrate shall be by way of special action to the Superior Court on the record of the hearing. If either party claims the record to be incomplete or lost, and the magistrate or special magistrate who conducted the hearing so certifies, a new hearing shall be conducted before that magistrate or special magistrate. The owner must post a bond equivalent to sixty (60) days of impoundment costs in order to perfect the appeal. Notice of the amount due shall be given to the owner by the magistrate or special magistrate at the time of the order to show cause hearing if forfeiture is ordered. The appealing party shall bear the cost of preparing the record of the hearing on appeal. No appeal shall be taken later than ten (10) days after the decision.
(j) Unless good cause is shown, the owner shall be liable for all veterinary, impound and board fees resulting from the animal's impoundment until a final decision by the magistrate or special magistrate including the pendency of an appeal. The owner shall not be responsible for any fees if the owner prevails at the hearing.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001).

Sec. 3-12. Disposition of animals.

Any animal forfeited, abandoned, ownerless or unclaimed, and any other animals to be permanently disposed of the city enforcement agent, shall be placed by adopting in a suitable home or humanely destroyed.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001).

Sec. 3-13. Dangerous animals.

Sec. 3-13(1). Definition Exception. A dangerous animal means one which:
(a) Has been declared to be vicious or destructive pursuant to section 3-7 of the South Tucson Code; or
(b) Displays or has a tendency, disposition or propensity, as determined by the city enforcement agent, to:
(1) Injure, bite, attack, chase or charge, or attempt to injure, bite, attack, chase or charge a person or domestic animal in a threatening manner; or
(2) Bare its teeth or approach a person or domestic animal in a threatening manner.
A dangerous animal does not include an animal used in law enforcement, nor does this section apply to animals in custody of zoos or wild animal parks, animals placed in animal shelters, animals under the care of veterinarians or wild animals under section 3-25 of the Code.
Sec. 3-13(2). Declaring an Animal Dangerous Notice.
(a) The city enforcement agent shall develop guidelines to determine if an animal is dangerous under minor section 3-13(1)(b).
(b) 'Whenever the city enforcement agent has reason to believe an animal may be dangerous, an evaluation of the animal shall be conducted.
(c) If the city enforcement agent declares that an animal is dangerous, the owner, as defined in section 3-9 and/or 13-13 of the South Tucson Code, shall be notified and issued an order of compliance. Once an animal is declared dangerous, the animal is dangerous until a hearing officer or judge deten11ines otherwise. If the owner is known, he shall be provided with a written notice of his right to file, within five (5) days of receipt of the notice, a written request with the city enforcement agent for a hearing to determine if the animal is dangerous. If the owner's whereabouts cannot be determined or the animal poses a threat to public safety or domestic animals, the animal shall be impounded and notice shall be posted on the property or mailed forthwith to him at his last-known address by registered or certified mail, return receipt requested.
Sec. 3-13(3). Hearing, Burden of Proof Appeal.
(a) The owner of the animal may request a hearing to contest the declaration of dangerousness under minor section 3-13(1)(b), but not under minor section 3- 13(1)(a), or contest the confinement conditions ordered by the city enforcement agent under minor section 3-13(4)(a).
(b) If the owner of an impounded animal fails to appear at a hearing or fails to request a hearing, the animal shall be forfeited to the city enforcement agent to be humanely destroyed.
(c) If the owner of a nonimpounded animal fails to appear at a hearing or fails to request a hearing, the animal is declared to be dangerous and the order of compliance shall remain in effect.
(d) After a request for a hearing, the city enforcement agency shall set a hearing date within five (5) working days at a time and place designated by the city enforcement agent. The hearing shall be conducted by a hearing officer selected by the city enforcement agent.
(1) The hearing shall be held in an informal manner and a record thereof shall be made by stenographic transcription or by electronic tape recording. The rules of evidence do not apply, and hearsay is admissible.
(2) It is the burden of the owner of the animal to establish by a preponderance of the evidence that the animal is not dangerous. The owner may be represented by counsel and present witnesses at his cost.
(3) The hearing officer shall make a written decision within five (5) working days of the hearing and notify the owner of the animal of the decision.
a. If the declaration of dangerousness is sustained by the hearing officer, the owner of the animal shall obey the order of compliance issued by the enforcement agent within the time given by the order of compliance or ten (10) days whichever is more.
b. If the animal is found not to be dangerous, the order of compliance is null and void. The finding that an animal is not dangerous does not prevent the city enforcement agent from declaring an animal dangerous again if the agent has additional reasons to believe the animal is dangerous after a new evaluation of the animal is conducted.
(4) Appeal of the decision of the hearing officer shall be by way of special action to the Superior Court on the record of the hearing. If either party claims the record to be incomplete or lost, and the hearing officer who conducted the hearing so certifies, a new hearing shall be conducted before that officer. The appealing party shall bear the cost of preparing the record of the hearing on appeal. No appeal shall be taken later than thirty (30) days after the decision.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001 )
Sec. 3-13(4). Order of Compliance, Confinement, Muzzled; Signs, Insurance, Identification, Spaying or Neutering.
When an animal is declared dangerous, the city enforcement agent shall issue an order of compliance requiring the owner within thirty (30) days to:
(a) Confine the animal sufficiently to prevent the animal's escape as follows:
(1) The city enforcement agent shall determine the appropriate fencing requirements for the size and nature of the animal. The city enforcement agent may require a fence including gates to be six (6) feet in height; the fence, from five (5) feet in height to six (6) feet in height to incline to the inside of the confinement area at a forty-five-degree angle from the vertical; or that the confinement area be wholly covered by a material strong enough to keep the animal from escaping.
(2) The gates to the confinement area shall be locked at all times with a padlock except while entering or exiting.
(3) The city enforcement agent may require temporary confinement measures until the order of compliance has been obeyed or the hearing officer determines that the animal is not dangerous. If the owner does not immediately comply with the temporary confinement requirements, the animal shall be impounded.
(b) Muzzle and restrain the animal outside of the confinement area with a leash, chain, rope or similar device not more than six (6) feet in length sufficient to restrain the animal and under the control of a person capable of preventing the animal from engaging in any prohibited activity.
(c) Post a sign on every gate or entry way to the confinement area stating: "Beware of Dangerous Animal. Per S.T.C. Section 3-13." The sign shall be provided by the city enforcement agent.
(d) Obtain and maintain liability insurance in a single incident amount of fifty thousand dollars ($50,000.00), unless that animal has been declared to be vicious or destructive pursuant to section 3-7 of this Code, in which case the amount of insurance shall be no less than two hundred fifty thousand dollars ($250,000.00), to cover any damage or injury that may be caused by the dangerous animal. The city enforcement agent shall maintain a registry of the animals, owners and insurance carrier for each dangerous animal.
(e) Pay the reasonable cost to the city enforcement agent to tattoo the animal with an identification number. The city enforcement agent shall maintain a registry of such numbers and the owners of the animals.
(f) Have a licensed veterinarian spay or neuter the animal at the owner's expense. The owner shall obtain written certification signed by the veterinarian that the spaying or neutering has been performed.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001).
Sec. 3-13(5). Consent to Inspection, Inspection, failure to Obey Order of Compliance, Seizure of Animal.
(a) By continuing to own an animal declared dangerous, an owner gives consent to the city enforcement agent or any law enforcement officer to inspect the animal declared dangerous, the premises where the animal is kept, and the liability insurance documents required for the animal( s), and the veterinarian's certification of spaying or neutering for the animal( s).
(b) The city enforcement agent may seize and impound the dangerous animal if the owner fails to obey the order of compliance. Five (5) days after seizure, the city enforcement agent may humanely destroy the animal unless the owner has demonstrated obedience to the order of compliance. The owner of the animal is responsible for any impound fees. If the owner of the animal demonstrates proof that the order of compliance has been obeyed, then the animal will be returned to the owner after payment of impound fees. Any action taken under this section shall be in addition to any criminal penalties set out in section 3-13(7).
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001).
Sec. 3-13(6). Required Acts and Unlawful Activities.
(a) An owner of an animal declared dangerous shall obey the order of compliance.
(b) An owner of an animal declared dangerous shall not sell, give away, abandon or otherwise dispose of the animal without notifying the city enforcement agent in writing in advance.
(c) An owner of an animal declared dangerous shall provide proof of liability insurance and the veterinarian's certificate of spaying or neutering to the city enforcement agent upon demand.
(d) An owner of an animal declared dangerous shall not prevent or try to prevent inspection of the animal or the premises where the animal is kept.
(e) When the owner of an animal is notified that the city enforcement agent is evaluating an animal or wants to evaluate an animal to determine if the animal is dangerous, the owner of the animal shall present the animal for inspection within twenty-four (24) hours of a request by the city enforcement agent. The owner shall not sell, give away, hide or otherwise prevent the city enforcement agent from making an evaluation of the animal.
(f) The owner of an animal declared dangerous shall prevent the animal from running at large as defined in section 3-97 of Article V of this Code.
(g) the owner of an animal declared dangerous shall prevent the animal from biting, injuring or attacking any person or domestic animal outside of the confinement area.
Sec. 3-13(7). Minimum Penalties, Enhancement.
(a) A person convicted for the first time of any offense prohibited by minor section 3- 13(6)(a) through (f) shall be punished by imprisonment for not less than twenty- four (24) hours nor more than six (6) months and by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00). A person convicted of a second or subsequent offense prohibited by minor section 3- 13(6)(a) through (f) shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months and by a fine of not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00). No judge may grant probation to or suspend the imposition of the minimum jail sentence and fine prescribed herein upon a conviction of any offense prohibited in minor section 3:-13-(6)(a). through (f). In addition, a person convicted of any offense prohibited in minor section 3-13-(6)(a) through (f) may be placed on probation for not more than three (3) years and the dangerous animal may be ordered humanely destroyed or banished from the city after first being spayed or neutered by a licensed veterinarian at the owner's expense. If the animal is not spayed or neutered within the time given by the court, the animal if forfeited to the city enforcement agent to be humanely destroyed. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein.
(b) A person convicted of violating minor section 3-13-(6)(g) shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months and by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00). No judge may grant probation to or suspend the imposition of the minimum jail sentence and fine prescribed herein upon a person convicted of violating minor section 3-13(6)(g). In addition, a person convicted of violating minor section 3-13(6)(g) may be placed on probation for not more than three (3) years and the dangerous animal shall be ordered humanely destroyed. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein.
(c) Wherever in this section any act is prohibited or declared to be unlawful or the doing of any act is required or the failure to do an act is declared to be unlawful, the violation of such provision of this section is a misdemeanor punishable (except for the penalties already set forth for minor section 3-13-(6)) by a fine of not less than on hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) and/or by imprisonment and not more than six (6) months. No judge may grant probation to or suspend the imposition of the minimum fine prescribed herein. In addition, a person may be placed on probation for not more than three (3) years. This shall not be construed to affect, in any way, the imposition of the n1inin1um mandatory penalties provided herein.
(d) Each day any violation continues or occurs shall constitute a separate offense.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001)

Sec. 3-14. Duty to produce penalties.

An owner of an animal charged with a violation of section 3-3, 3-6, 3-7 or 3-44 shall produce that animal for inspection or impoundment upon the request of the enforcement agent. All owners shall be responsible for any and all applicable impoundment and boarding fees in connection therewith.
A violation of this section shall be punishable by imprisonment for not less than twenty-four (24) hours nor more than six (6) months and by a fine of not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00). No judge may grant probation to or suspend the imposition of the minimum jail sentence and fine prescribed herein.
In addition, restitution up to one thousand dollars ($1,000.00) shall be ordered to the victim, if any, for damages caused by an owner's failure to comply with this section. This remedy shall not abridge any civil cause of action by the victim.
This section shall not apply where an animal has bitten a member of the owner's household.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001).

Sec. 3-15 Keeping of Hogs, Pigeons or Fowl

It is unlawful for any person to keep, raise or feed any hog within the City or to keep any pigeon or fowl in a manner constituting a nuisance.
(1976 Code, Sec. 7.112 & 7.120 & 7.123, Ord. No. 6043; REVISED pursuant to ORD. No. 99- 03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001).

Sec. 3-16 Keeping wild animals

It is unlawful for any person having charge, care and control of any wild animal, by nature dangerous or vicious, to keep, bring, maintain or exhibit such animal within the city, unless the animal be confined in a cage or enclosure adequate to prevent its escape.
(Code 1976, Sec. 7.111, Ord. No. 6043; REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001).

Secs. 3-17 to 3-20. Reserved

ARTICLE II RESERVED.

Secs. 3-21 to 3-39 Reserved

ARTICLE III. DISEASED ANIMALS

Sec. 3-40. Keeping diseased animals prohibited; destruction authorized.

It shall be unlawful for any person to harbor or keep, within the city, any animal afflicted with any contagious or infectious disease unless such animal is under the control of a certified veterinarian. It shall be the duty of the county humane officer to immediately take possession of any such animal not so controlled. After confirmation of such disease by a certified veterinarian, the humane officer shall immediately destroy the animal and dispose of the carcass thereof, unless the owner shall forthwith place such animal under the control of a certified veterinarian.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001).

Sec. 3-41. Diseased animals running at large prohibited; impounding or confinement enforced.

Sec. 3-41 (1). It is hereby declared unlawful for any animal, infected with, or suffering from, a communicable or infectious disease such as ringworm or other disorder, to run at large or to be on public streets, alleys or other public property; any such dog, cat or other animal shall be impounded when found in any such places or when running at large.
Sec. 3-41 (2). The expense of impounding and keeping and the procedure for keeping, disposing and returning the animal shall be the same as is provided in A.R.S. Sec. 9-240 (16), and the other Sections contained in A.R.S. Sec. 11-1001 et seq. or as may be provided in this Code.
Sec. 3-41 (3). The owner of any such infected or diseased animal shall keep same segregated and confined and not knowingly allow or permit it to run at large or be off the premises upon which it is customarily kept until it shall have fully and completely recovered from the infectious disease or disorder.
Sec. 3-41 (4). It shall be the duty of all police officers of the city to enforce the provisions of this section 3-41, and the county humane officer is hereby empowered and authorized to apprehend and impound such animals.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001)

Sec. 3-42. Animals suspected of rabies -- Report required.

Subject to the provisions of Article V of this chapter relating to dogs, after a showing has been made that any animal has symptoms of rabies, the county enforcement officer or his deputies shall cause a written Report to be made documenting the details of the case. The Report shall be kept on record in support of appropriate steps to be taken to address impoundment, quarantine and/or disposal procedures.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001)

Sec. 3-43. Same -- Refusal to deliver to enforcement officer.

Subject to the provisions of Article V of this chapter relating to dogs, after a showing has been made that any animal has symptoms of rabies, it shall be unlawful for any person having care or control of such animal to refuse to deliver such animal to the county enforcement officer or his deputies.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001)

Sec. 3-44. Same - Impounding biting animals; disposition.

Biting animals shall be impounded and quarantined as set forth at A.R.S. section 11-1001 et seq and pursuant to Pima County Animal Control Procedures, as amended from time to time or as may be provided for in this Code and the "IGA" and all owners of such biting animals shall be responsible for any and all applicable impoundment and boarding fees incurred in connection therewith.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001)

Sec. 3-45. Violations; penalties.

An owner or other person violating any provision of this article shall be guilty of a Class 2 Misdemeanor, and each such person shall be guilty of a separate offense for each and everyday or portion thereof during which any violation of this article is committed or permitted; and, except as otherwise specified in this article, upon conviction of any such violation, such person shall be punished by a fine of not less than two hundred dollars ($200.00) and not more than seven hundred fifty dollars ($750.00), or by imprisonment for not more than fom (4) months, or by both such fine and imprisonment. No judge may suspend the imposition of the minimum fine prescribed herein. In addition, the judge shall order abatement as necessary.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, ". 1999; REVISED pursuant to ORD. No. 01-01 adopted February 12, 2001)

Secs. 3-46 to 3-54. Reserved.

ARTICLE IV RESERVED

Secs. 3-55 to 3-70. Reserved.

ARTICLE V. DOGS

Sec. 3-71. Definitions.

In this article, unless the context otherwise requires:
Sec. 3-71(1). At Large means not confined within a building, shelter, walled or fenced area or under the control of a person, either by leash, cord, chain or other physical restraint, whether on or off the premises of the owner or person acting for the owner; in a manner such as to keep the dog exclusively on the premises where secured. Tieouts are prohibited.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)
Sec. 3-71 (2). City enforcement agent means any peace officer or any county animal control officer who is responsible for enforcement of this Article and the rules adopted under this Article.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)
Sec. 3-71 (3). Collar means a band, chain, harness or suitable device worn around the neck of a dog to which a license may be affixed.
Sec. 3- 71 (4). Dog means a member of the Canis familaris family.
Sec. 3- 71 (5). Owner means any person owning, keeping, possessing, harboring, maintaining or having custody or otherwise having control of a dog within the city.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)
Sec. 3-71 (6). Vaccination means an anti-rabies vaccination using a type of vaccine approved by the state veterinarian.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)
Sec. 3- 71 (7). Household means all those persons who regularly dwell together at the same place of residence.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)
Sec. 3- 71 (8). Altered dog means a spayed female or neutered male.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-72. Authority of city manager.

The City Manager is hereby authorized and may enter into a cooperative agreement with the County Board of Supervisors for the establishment and operation of a city-county pound, to designate the city enforcement agent, and to do all things necessary to ensure the enforcement of this article and of the "lOA" pursuant to RESOLUTION No. 00-16 adopted by the parties on June 17, 2000.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-73. Violations; penalties.

(a) Any owner or other person violating any provisions of this article shall be guilty of a Class 2 Misdemeanor; and such person shall be guilty of a separate offense for each and every day or portion thereof during which any violation of this article is committed or permitted; and, except as otherwise specified in this article, upon conviction of any such violation, such person shall be punishable by a fine of not less than fifty dollars ($50.00) and not more than seven hundred fifty dollars ($750.00). No judge may suspend the imposition of the minimum fine prescribed herein. In addition to the fine amount, the penalty may include imprisonment for not more than four (4) months and not more than two (2) years probation, or any combination thereof.
(b) Any person convicted of violating section 3-76 and/or section 3-81 shall be fined not less than one hundred fifty dollars ($150.00) for each offense; however, the fine shall be reduced to seventy-five dollars ($75.00) for each offense upon a showing to the court of proof of vaccination and/or licensing, as required of such dog or dogs, within fifteen (15) working days of issuance of the complaint. No judge may suspend the imposition of the minimum fine prescribed herein. In addition to the fine amount, the penalty may include imprisonment for not more than four (4) months and not more than two (2) years probation, or any combination thereof. In addition, the judge shall order abatement as necessary.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001); Penalties Law Reference A.R.S. Sections. 13-707,13-802, 13-803.

Sec. 3-74. Issuance of citations for violations.

The city enforcement agent is hereby authorized to issue citations to owners for any violation of this article.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-75. Reserved.

Editor's note-Former § 3-7; 3-8; 3-9 dealt with Livestock, Fowl and dogs running at large; Those Sections are hereby repealed and have been REVISED or RESERVED as originally derived from the 1976 Code, ch. 3, as amended by Ord. No. 01-01, as adopted herein.

Sec. 3-76. Vaccination required.

It shall be unlawful to own, keep, possess, harbor or maintain a dog over the age of four (4) months in the city without having such dog vaccinated in accordance with the provisions of this article.
(Code 1976, Ch. 3; Ord. No. 6043; REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-77. Vaccination certificate prerequisite to license.

No license shall be issued for any dog until the owner has presented a vaccination certificate signed by a licensed veterinarian containing the information required by this article.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-78. Regulations governing vaccinations.

(a) The type or types of anti -rabies vaccination that may be used for vaccination of dogs, the period of time between vaccination and revaccination, and the dosage and method of administration of the vaccine shall be in accordance with the rules and regulations designated by the state veterinarian.
(b) The fee for rabies vaccinations at the city enforcement agent center shall be eight dollars ($8.00). All fees shall be collected and accounted for as agreed upon in the "IGA".
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-79. (Note: There is no entry for 3-79.)

Sec. 3-80. Vaccination other than in Pima County.

A dog vaccinated in any area outside of the county prior to entry to the city may be licensed in this city, provided that, at the time of licensing, the owner of such dog presents a vaccination certificate signed by a duly licensed veterinarian; and the certificate shall contain the information required by this article, and the regulations promulgated thereunder.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-81. License required.

All dogs owned, possessed, harbored or maintained in the city for more than thirty (30) days shall be licensed, if over four (4) months of age, in accordance with this article.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-82. License fee.

No dog license shall be issued by the city enforcement agent until the payment of a license fee has been made. License fees are as follows:

                                   Fee                 Senior/ Disabled Citizen Fee
Unaltered dog          $75.00                        $12.00
Altered dog               $8.00                          $6.00

(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)
Sec. 3-82.1. Altered dogs; animal age and health.
Any person who presents to the city enforcement agent an affidavit or veterinarian's certificate stating that the dog is already altered, that the dog is at least ten (10) years of age, or that the dog cannot be altered for health reasons, shall be eligible for the altered dog fee.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)
Sec. 3-82.2. Senior citizen fee.
Any person sixty-five (65) years or older shall be eligible for the senior citizen license fee. The city enforcement agent shall establish reasonable standards of proof for eligibility. No more than four (4) dogs per household shall be licensed at the senior citizen rate.
(Code 1976, Ch. 3.; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)
Editor's These fee schedules may be amended by vote of the city council by Ordinance.
Sec. 3-82.3. Rebate. Any person who had paid the license fee for an unaltered dog who, during the license year, presents to the city enforcement agent a veterinarian's certificate that the licensed animal has been altered, shall be entitled to a rebate. The rebate shall be the difference between the fee paid and the fee for an altered dog.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)
Sec. 3-82.4. Licensed breeder fee.
Dog breeders who are licensed by the city to conduct wholesale or retail sales, pursuant to chapter 19 of the Tucson Code, shall be eligible for a dog license fee equal to that for altered dogs.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-83. Certain dogs exempt from fee.

A guide dog belonging to a blind person who is a resident of the state, or a hearing ear dog belonging to a deaf person who is a resident of the state, or a certified "Handi-Dog" belonging to a person who is a resident of the state shall be licensed pursuant to this article without payment of a fee.
(Code 1976, Ch. 3; Ord. No.,6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant tp ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-84. Reserved.

Editor's note-Section 3-84, specifying the duration of dog licenses, derived from 1976 Code, ch. 3, art. V, will be determined by the city council in conformance with the lOA between the City of South Tucson and the Pima County Animal Control Division.

Sec. 3-85. Application for license.

At the time application is made for a license, the owner shall provide his name and address, and the name, breed, age, color and sex of each dog licensed by such owner.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-86. Enforcement officer to keep records.

The city enforcement officer shall keep a register of all dogs licensed, and any other records necessary for the enforcement of this article.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec.3-87. When fees delinquent; delinquency penalty.

Each dog license fee which is not paid when due as provided by section 3-81 or upon expiration of a license previously issued under this article is delinquent; and there shall be added. to such fee, and collected in addition thereto, a penalty of five dollars ($5.00).
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-88. Issuance, contents of tags.

Upon issuance of a license it shall be the duty of the city enforcement agent to issue a tag for each dog so licensed. Upon each tag for each dog so licensed shall be inscribed the name of the city or county, the number of the license, and the date it expires.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec.3-89. Tag to be worn.

Every owner shall be required to provide each dog licensed by such owner with a collar to which the license tag must be affixed, and it shall be the duty of such owner to see that the collar and tag are constantly worn by each dog.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-90. Duplicate license tags.

Whenever a dog license tag is lost, a duplicate license tag will be issued upon application by the owner and the payment of three dollars ($3.00) to the city enforcement agent.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99:..03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001).

Sec. 3-91. Transfer of licenses.

(a) 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 three dollars ($3.00) shall be charged to transfer any license.
(b) At time of transfer, the releasing owner shall obtain the name, address, and phone number of the new owner. This information together with the age and sex of dog, and license number, shall be reported to the city enforcement agent within ten (10) days of transfer.
(c) Any violation of this section shall be deemed a civil infraction.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, -. 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-92. Tags not transferable to other dogs.

Dog license tags shall not be transferable from one dog to another.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-93. Counterfeiting or transferring tags prohibited.

Any person who counterfeits or attempts to counterfeit an official dog license tag, or causes such a tag to be removed from any dog for the purpose of placing such tag upon a dog other than the dog to which the tag was issued, is guilty of a Class 1 Misdemeanor.
(Code 1976, Ch. 3; Ord. No. 6043; REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-94. When tag need not be worn.

Dogs while being used for hunting, or dogs while being exhibited at an American Kennel Club approved show, 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 and licensed.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-95. Impounding, vaccination of unvaccinated dogs.

If a dog is impounded and found to be unvaccinated the city enforcement agent is hereby authorized to cause such dog to be vaccinated at a cost to be borne by the owner. The vaccination shall be performed by a licensed veterinarian, who shall issue a certificate of vaccination.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-96. Reserved.

Editor's note - Provisions relative to impounding and disposition of biting dogs or dogs suspected of rabies, were not addressed in the 1976 Code or in the 1999 Revision but have been incorporated herein as amended or revised by the following: Ord. No. 01-01, adopted on February 13,2001.

Sec. 3-97. Being at large prohibited; exceptions; impoundment; penalties.

Sec. 3-97(1). It shall be unlawful for any dog owned, possessed, harbored, kept or maintained to be upon public streets, sidewalks, alleys, parks and other public property unless such dog is restrained by means of a leash, chain, rope, cord or similar device not more than six (6) feet in length, and of sufficient strength to control the action of such dog, except as may otherwise be provided this Code.
Sec. 3-97(2). It shall be unlawful for any dog owned, possessed, kept, harbored or maintained to be at large upon or about the private property of any person, including that of the owner of such dog. Confinement shall be accomplished by means of a fence or similar enclosure of sufficient strength and height to prevent the dog from escaping therefrom, or inside a house or other building, to keep the dog exclusively on the premises where secured. Tieouts are prohibited. The owner of any dog found to be at large shall be guilty of a misdemeanor and punished pursuant to this section.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)
Sec. 3-97(3). Dogs while participating in dog training classes, while being exhibited or trained at a kennel club event, or while engaged in races approved by the Arizona Racing Commission, shall be exempt from the provisions of minor sections 3-97(1) and 3-97(2), provided that the dog is accompanied by and under the control of his owner or trainer; dogs confined within a city maintained temporary or permanent dog run located within a park will be exempt from the provisions of minor sections 3-97(1).
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted. May 17; 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)
Sec. 3-97(4). The city enforcement agent shall impound, or cause to be impounded, any dog running at large contrary to the provisions of this article.
Sec. 3-97(5). A person convicted of the offense prohibited by minor section 3-97(1) or 3- 97(2) shall be punished as follows:
For a first conviction within a twelve month period by a fine of not less than fifty dollars ($50.00) nor more than seven hundred fifty dollars ($750.00), or by imprisonment for not more than four (4) months, by probation for not more than three (3) years, or any combination thereof; for a second conviction within a twelve month period, by a fine of not less than one hundred dollars ($100.00) nor more than seven hundred fifty dollars ($750.00), by imprisonment for not more than four (4) months, by probation for not more than three (3) years, or any combination thereof; for a third or subsequent conviction within a twelve-month period, by a fine of not less than one hundred fifty dollars ($150.00) nor more than seven hundred fifty dollars ($750.00), by imprisonment of not more than four (4) months, by probation for not more than three (3) years, or any combination thereof.
No judge may suspend the imposition of the minimum prescribed fine. In addition, the judge shall order abatement as necessary.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-98. Impounding unlicensed dogs.

The city enforcement agent shall apprehend and impound, or cause to be impounded, any dog found without a license tag for the current year.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-99. Impoundment time, notice and costs.

Sec. 3-99(1). Upon impounding any licensed dog, the owner shall be promptly notified and such owner may reclaim his dog within seven (7) days from the date of the actual notice or mailing of notice, upon proof of ownership and payment of all costs and charges incurred in impounding and maintaining the dog.
Sec. 3-99(2). Impounding costs may be set from time to time by the city manager pursuant to the "IGA "to include an assessment of not less than ten dollars ($10.00) for the impoundment of any dog, not less than ten dollars ($10.00) for pickup or delivery of the dog, and not less than five dollars ($5.00) for each day the city impoundment agent cares for the feeds the dog.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)
Sec. 3-99(3). If an impounded dog is unlicensed, the owner may reclaim such dog within three (3) days upon paying all costs and charges as provided for by this article and after securing a vaccination and a license for such dog. Any dog not claimed within the prescribed time, whether licensed or unlicensed, shall be placed in a suitable home, or shall be humanely destroyed.
Sec. 3-99(4). Any unlicensed dog which apparently is suffering from serious injuries and is in great pain and probably would not recover, or which has evidence of rabies, mange or other infectious disease which is a danger to other dogs, shall be humanely destroyed by a city enforcement agent in as humane a manner as possible after reasonable efforts to notify the owner have failed.
Sec. 3-99(5). Any licensed dog which apparently is suffering from serious injuries and is in great pain and probably would not recover, or which has evidence of rabies, mange, or other infectious disease which is a danger to other dogs, shall be humanely destroyed by a city enforcement agent in as humane a manner as possible after reasonable efforts to notify the owner have failed, and after authorization by a veterinarian. The veterinarian's charge or fee shall be paid by the owner.
Sec. 3-99(6).
(a) Any unaltered dog which has been impounded more than once within any twelve (12) month period shall be spayed or neutered by a licensed veterinarian at the owner's expense. If the unaltered dog has not been spayed or neutered within ten (10) days of impoundment the dog will be relinquished to the city enforcement agent, to be disposed of pursuant to Tucson Code section 4-12.
(b) Notice of this requirement shall be given to the owner at the time of the first release of the impounded unaltered dog. Upon a second impoundment within twelve (12) months, any owner who contests the spaying or neutering of the unaltered dog including whether or not the dog is already spayed or neutered or cannot be altered for health reasons, will receive a request for hearing form from the city enforcement agent. The request for hearing must be filed within twenty-four (24) hours of receipt of the form or no hearing will be held and the dog will be altered at the owner's expense by a licensed veterinarian or relinquished to the city enforcement agent. If the city enforcement agent is presented with a veterinarian's certificate stating that the dog cannot be altered for health reasons' or is already spayed or neutered then no hearing shall be held and the dog shall be returned to the owner. If the city enforcement agent does not accept a certificate, the hearing shall proceed. After a request for a hearing has been filed, the city enforcement agent shall set a hearing date within three (3) working days at a time and place designated by the city enforcement agent. The hearing shall be conducted by a hearing officer selected by the city enforcement agent and shall be informal in manner. The burden of proof is on the owner to establish by the preponderance of the evidence that the dog is in fact spayed or neutered or cannot be altered for health reasons.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-100. Reserved.

Editor's note-Section 3-100, prohibiting howling, etc., dogs from disturbing the peace will be incorporated herein by Revision

Sec. 3-101. Reserved.

Editor's note-Section 3-101, howling dogs disturbing the peace penalties will be incorporated herein by Revision.

Sec. 3-102. Dog waste removal; exceptions.

It shall be unlawful for the owner or person having custody of any dog to fail immediately to move and dispose of in a sanitary manner any solid waste deposited by such dog on public property or deposited on private property without the consent of the person in control of the property. This section shall not apply to blind persons, persons with mobility disabilities, or police officers or other law enforcement officers accompanied by police dogs while on emergency.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

Sec. 3-103. Dogs prohibited on school grounds; exceptions.

(a) The purpose of this section is to minimize the spread of disease and/or injuries related to the presence of dogs on school grounds. This section is not intended to prevent the presence of dogs that are required or permitted as part of a formal school activity or event.
(b) Except for police dogs, as defined in minor section 4-7(1) of this chapter, and guide dogs for the deaf, blind and physically handicapped, no person shall bring any dog onto school grounds, regardless of whether the dog is on a leash.
(Code 1976, Ch. 3; Ord. No. 6043, REVISED pursuant to ORD. No. 99-03 adopted May 17, 1999; REVISED pursuant to ORD. No. 01-01 adopted February 13, 2001)

EMERGENCY: WHEREAS, it is necessary for the immediate preservation of the public peace, health and safety of the City of South Tucson and its citizens thereof, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage.
SOURCE: City of South Tucson
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