(1953 Code, ch. 4, art. II, § 4.2; Ord. No. 2558, § 1, 12-16-63; Ord. No. 3867, § 1, 6-26-72; Ord. No. 4315, § 1, 1-27-75; Ord. No. 4671, § 1, 6-20-77; Ord. No. 7998, § 1, 6-7-93; Ord. No. 9064, § 1, 6-1-98; Ord. No. 9159, § 2, 11-9-98)

(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.
(Ord. No. 4315, § 2, 1-27-75; Ord. No. 5010, § 3, 9-10-79; Ord. No. 5095, § 2, 1-28-80; Ord. No. 7998, § 2, 6-7-93)

(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.
(Ord. No. 5095, § 3, 1-28-80; Ord. No. 7998, § 2, 6-7-93)

Editor's note: Section 3 of Ord. No. 5095, adopted Jan. 28, 1980, repealed § 482.2, dealing with the license fee for unneutered male dogs, derived from Ord. No. 5010, § 4, adopted Sept. 10, 1979, and enacted a new § 4-82.2, reading as set out. Section 2 of Ord. No. 7998, adopted June 7, 1993, amended § 4-82.2 by vote of the city council.

(3) Rebate.
Any person who has 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.
(Ord. No. 7998, § 3, 6-7-93)

(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.
(Ord. No. 7998, § 3, 6-7-93)

(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.
(Ord. No. 7241, § 6, 7-3-89; Ord. No. 8713, § 4, 6-10-96)

(3). Police dogs, dogs while participating in dog training classes, dogs while being exhibited or trained at a kennel club event, or dogs while engaged in races approved by the Arizona Racing Commission, shall be exempt from the provisions of minor sections 4-97(1) and 4-97(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 4-97(1).
(Ord. No. 9167, § 1, 11-23-98; Ord. No. 9547, § 1, 5-7-01)

(4). The city enforcement agent shall impound, or cause to be impounded, any dog running at large contrary to the provisions of this article.

(5). A person convicted of the offense prohibited by minor section 4-97(1) or 4-97(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.
(Ord. No. 5010, § 2, 9-10-79; Ord. No. 6043, § 19, 6-25-84; Ord. No. 7241, § 6, 7-3-89; Ord. No. 9159, § 4, 11-9-98) (1953 Code, ch. 4, art. II, §§ 6.1--6.4: Ord. No. 2558, § 1, 12-26-63; Ord. No. 2567, §§ 1, 2, 1-6-64; Ord. No. 5219, § 4, 9-22-80)

(2). Impounding costs may be set from time to time by the city manager 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 and feeds the dog.
(Ord. No. 4315, § 4, 1-27-75; Ord. No. 4671, § 1, 6-20-77; Ord. No. 7240, § 1, 7-3-89)

(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.

(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.

(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

(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 a preponderance of the evidence that the dog is in fact spayed or neutered or cannot be altered for health reasons.
(1953 Code, ch. 4, art. II, § 7: Ord. No. 2558, § 1, 12-16-63; Ord. No. 7998, § 4, 6-7-93; Ord. No. 9159, § 5, 11-9-98)

(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.

(Ord. No. 6043, § 20, 6-25-84)