§ 6-23. Sanctions.
(a)
If a court determines by a preponderance of the evidence presented that an animal is vicious, one or more of the following sanctions may be imposed:
(1)
Leash and muzzle. A court may order that the animal be securely tethered to a responsible adult by a leash no longer than six (6) feet in length. No person shall permit a vicious animal to be kept on a chain, rope or other type of leash outside confinement unless a responsible adult is in physical control of the leash. Such animals may not be leashed to any inanimate objects when not confined. Additionally, all vicious animals on a leash outside of confinement must be muzzled by a commercial device sufficient to prevent the opening of its mouth to an extent sufficient to bite any persons or other animals.
(2)
Confinement. A court may order that a vicious animal be securely confined indoors or in an enclosed and locked pen, as defined below, except if the court has allowed the animal to be free of the pen when leashed and muzzled.
a.
All structures used to confine vicious animals must be locked with a key or combination lock when such animals are within the structure. Such pen or structure must have secure sides and a secure top attached to the sides. This structure must have a secure top and bottom or floor attached to the sides of the pen. If there is no secure floor, the sides of the pen must be embedded in the ground no less than two (2) feet.
b.
No pen wall may be part of a perimeter fence.
c.
All structures erected to house vicious animals must comply with all zoning and building regulations of the city. All such structures must be adequately lighted, ventilated, and kept in a clean and sanitary condition and any other condition that provides for humane care.
(3)
Microchip. An animal declared vicious may be required to have an electronic microchip implanted to identify the animal. The owner or custodian of the animal is required to pay for the microchip and its installation.
(4)
Signs. All owners or custodians of vicious animals within the city may be required to display, in a prominent place on their premises, a sign in three-inch letters which is easily readable by the public using the words "vicious animal". In addition, a similar sign is required to be posted on the pen of such animal.
(5)
Modification of the animal. The owner or custodian of the animal declared vicious may be required to have the animal modified. The cost of such modification shall be the responsibility of the owner or custodian. Modification of the animal includes but is not limited to:
a.
Declawing;
b.
Spaying; or
c.
Neutering.
(6)
Insurance and indemnification. An owner or custodian of the animal declared vicious may be required to maintain insurance or indemnification as specified by the court.
(7)
Reimbursement of costs. The owner or custodian of the animal declared vicious may be required to pay all of the expenses of an impounded animal. If reimbursement of costs is ordered, the animal shall not be released until the expenses are paid. If such expenses are not paid within thirty (30) days of the court order, any ownership or custodial interest in the animal is terminated. The impoundment agency shall give written notice of the termination of ownership or custodianship to the last known address of the owner or custodian.
(8)
Non compliance with court orders. The court may order that:
a.
Any ownership or custodial interest in the animal be terminated if compliance with court orders does not occur thirty (30) days of any court order.
b.
A vicious animal be destroyed. Notice of the destruction order shall be given to the owner or custodian of the animal at the last known address. The notice shall advise the owner or custodian that the animal will be destroyed if a notice of appeal is not received by the date specified in the appeal rules. If the animal is not impounded when the destruction is ordered, the animal shall be seized and impounded. No animal shall be destroyed until the appeal time has expired to challenge the viciousness determination. No animal shall be destroyed while an appeal is pending. The court shall notify the impoundment agency on the status of any appeal.
(9)
Destruction. A vicious animal may be ordered destroyed. Notice of the destruction order shall be given to the owner or custodian of the animal at the last known address. The notice shall advise the owner or custodian that the animal will be destroyed if a notice of appeal is not received by the date specified in the appeal rules. If the animal is not impounded when the destruction is ordered, the animal shall be seized and impounded. No animal shall be destroyed until the appeal time has expired to challenge the viciousness determination. No animal shall be destroyed while an appeal is pending. The court shall notify the impoundment agency on the status of any appeal.
(b)
Notification to Maricopa County Animal Control. The court shall require the owner or custodian of the animal declared vicious to report any permanent change of location and/or ownership of the animal to Maricopa County Animal Control.
(Ord. No. 2454, § 2, 7-26-05)