It shall be unlawful for any persons to interfere with any officer authorized to enforce this chapter in the performance of his duties, or to release any animal duly impounded, and any person guilty of such act shall be guilty of a misdemeanor.
(1953 Code, ch. 4, § 24)

(1). Cruelty. Whoever overdrives, overloads, overworks, tortures, torments, cruelly beats, mutilates or unlawfully kills an animal, or causes or procures an animal to be so overdriven, overloaded, driven when overloaded, overworked, 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 drives or works it when unfit for labor, or cruelly abandons it, or carries it or causes it to be carried in or upon a vehicle 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 misdemeanor.
(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 daily, food that is free from contamination and is of 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, except for livestock, all animals have convenient access to natural or artificial shelter throughout the year. Any such artificial shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements, and of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation or drainage, shall not comply with this section. Any shelter, all bedding and any spaces accessible to the animal shall be maintained in a manner which minimizes the risk of the animal contracting disease, being injured, or becoming infested with parasites.
(d) 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.
(e) 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.
(3) Temporary tethering for horses is exempt from the provisions of Tucson Code, subsection 4-3(2)(e)(2).
(f) 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.
(3). Any of the provisions of this section "W" may be waived as dictated by treatment under direction of a licensed veterinarian.
(4). Any person violating the provisions of this section shall be guilty of a misdemeanor.
(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 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, 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.
( Ord. No. 7241, § 1, 7-3-89; Ord. No. 8996, § 1, 12-8-97)
(1953 Code, ch. 4, § 29; Ord. No. 6043, § 2, 6-25-84; Ord. No. 8713, § 1, 6-10-96)
State law references: Cruelty to animals generally, A.R.S. §§ 13-951--13-953.

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 misdemeanor.
(1953 Code, ch. 4, § 39)

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 misdemeanor.
(1953 Code, ch. 4, § 25)

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.
(1953 Code, ch. 4, § 30)

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.
(Ord. No. 2704, § 1, 12-7-64)

In this chapter, unless the context otherwise requires:
(a) Animal means any fowl, reptile, amphibian or mammal, except human beings.
(b) Fowl means a bird of any kind.
(c) Owner means any person owning, keeping, possessing, harboring, maintaining or having custody or otherwise having control of an animal.
(d) 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.
(Ord. No. 4531, § 1, 6-28-76; Ord. No. 6043, § 4, 6-25-84; Ord. No. 8996, § 3, 12-8-97)

(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.v (Ord. No. 6043, § 5, 6-25-84; Ord. No. 8996, § 4, 12-8-97)

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 4-7 and 4-10:
(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 4-11(j). If not posted within ten (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 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 4-12 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 4-12 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 4-13(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 4-7 and 4-10, 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 or by law. Nothing in this section shall be construed to stop the prosecution of the owner for violations of chapter 4 of the Tucson Code or A.R.S. section 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 shall be listed on the notice provided to the owner pursuant to section 4-11(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 4-12 of this Code.
(h) If a defendant testifies 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.
(Ord. No. 6044, § 1, 6-25-84; Ord. No. 6197, § 1, 3-11-85; Ord. No. 8996, § 5, 12-8-97)

Any animal forfeited, abandoned, ownerless or unclaimed, and any other animals to be permanently disposed of the city enforcement agent, shall be placed by adoption in a suitable home or humanely destroyed.
(Ord. No. 6320, § 1, 10-25-85; Ord. No. 8996, § 6, 12-8-97)

(1). Definition Exception. A dangerous animal means one which:
(a) Has been declared to be vicious or destructive pursuant to section 4-7 of the 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 4-25 of the Tucson Code.
(2). Declaring an Animal Dangerous Notice.
(a) The city enforcement agent shall develop guidelines to determine if an animal is dangerous under minor section 4-13(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 4-9 of the 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 determines 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.
(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 4-13(1)(b), but not under minor section 4-13(1)(a), or contest the confinement conditions ordered by the city enforcement agent under minor section 4-13(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. (Ord. No. 7272, § 1, 8-7-89)
(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 city enforcement agent may require the bottom of the confinement area to be of concrete, cement or asphalt, or of blocks or bricks set in concrete or cement; or if such bottom is not provided, then a footing of such material shall be placed along the whole perimeter of the confinement area to a depth of one (1) foot below ground level, or deeper if required by the city enforcement agent.
(3) The gates to the confinement area shall be locked at all times with a padlock except while entering or exiting.
(4) 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 T.C. Section 4-13." 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 4-7 of the Tucson 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. spaying or neutering has been performed.
(Ord. No. 6854, § 2, 11-30-87; Ord. No. 7007, § 2, 8-1-88; Ord. No. 7272, § 2, 8-7-89)
(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 4-13(7). (Ord. No. 7007, § 2, 8-1-88)
(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 4-13(7). (Ord. No. 7007, § 2, 8-1-88)
(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 4-97 of the Tucson 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. (Ord. No. 7007, § 2, 8-1-88)
(7). Minimum Penalties, Enhancement.
(a) A person convicted for the first time of any offense prohibited by minor section 4-13(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 4-13(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 4-13(6)(a) through (f). In addition, a person convicted of any offense prohibited in minor section 4-13(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 is 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 4-13(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 4-13(6)(g). In addition, a person convicted of violating minor section 4-13(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 4-13(6)) by a fine of not less than one 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 minimum mandatory penalties provided herein.
(d) Each day any violation continues or occurs shall constitute a separate offense.
(Ord. No. 7007, § 2, 8-1-88) (Ord. No. 6828, § 2, 11-16-87)

An owner of an animal charged with a violation of section 4-3, 4-6, 4-7 or 4-44 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.
(Ord. No. 7241, § 7, 7-3-89)