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The board of supervisors in each county may provide or authorize a county pound or pounds or enter into a cooperative agreement with a city, a veterinarian or an Arizona incorporated humane society for the establishment and operation of a county pound. Any stray dog shall be impounded. All dogs and cats impounded shall be given proper care and maintenance. Each stray dog or any cat impounded and not eligible for a sterilization program shall be kept and maintained at the county pound for a minimum of seventy-two hours or one hundred twenty hours for an animal that is impounded with a microchip or wearing a license or any other discernible form of owner identification, unless claimed or surrendered by its owner.

Any person may purchase a dog or cat on expiration of the impoundment period, if the person pays all pound fees established by the county board of supervisors and complies with the licensing and vaccinating provisions of this article. If the dog or cat is to be used for medical research, a license or vaccination is not required. Any impounded cat that is eligible for a sterilization program and that will be returned to the vicinity where the cat was originally captured may be exempted from the mandatory holding period required by this subsection. Any impounded licensed dog or any cat may be reclaimed by its owner or the owner's agent provided that the person reclaiming the dog or cat furnishes proof of the person's right to do so and pays all pound fees established by the board of supervisors.

Any person purchasing a dog or cat shall pay all pound fees established by the board of supervisors. If the dog or cat is not reclaimed within the impoundment period, the county enforcement agent shall take possession of and may place the dog or cat for sale or may dispose of the dog or cat in a humane manner. The county enforcement agent may destroy impounded sick or injured dogs or cats if destruction is necessary to prevent the dog or cat from suffering or to prevent the spread of disease. Biting animals; reporting; handling and destruction.

An unvaccinated dog or cat that bites any person shall be confined and quarantined in a county pound or, on request of and at the expense of the owner, at a veterinary hospital for a period of not less than ten days. The quarantine period shall start on the day of the bite incident. If the day of the bite is not known, the quarantine period shall start on the first day of impoundment.

A dog properly vaccinated pursuant to this article that bites any person may be confined and quarantined at the home of the owner or wherever the dog is harbored and maintained with the consent of and in a manner prescribed by the county enforcement agent. A dog or cat that is impounded as the result of biting any person shall not be released from the pound to its owner unless one of the following applies:.

The dog or cat has been previously spayed or neutered before impound or has been spayed or neutered and implanted with a microchip before release from the pound. There is no veterinary facility capable of performing surgical sterilization within a twenty mile radius of the pound. A veterinarian determines that a medical contraindication for surgery exists that reasonably requires postponement of the surgery until the surgery can be performed in a safe and humane manner.

The bite occurred in the premises of the owner and the victim is a member of the same household. The owner pays a fifty dollar recovery fee, in addition to any fees or costs otherwise required pursuant to this article. Any domestic animal, other than a dog, a cat or a caged or pet rodent or rabbit, that bites any person shall be confined and quarantined in a county pound or, on the request and at the expense of the owner, at a veterinary hospital for a period of not less than fourteen days.

Livestock shall be confined and quarantined for the fourteen-day period in a manner regulated by the Arizona department of agriculture. Caged or pet rodents or rabbits shall not be quarantined or laboratory tested. With the exception of a wild rodent or rabbit, any wild animal that bites any person or directly exposes any person to its saliva may be killed and submitted to the county enforcement agent or the agent's deputies for transport to an appropriate diagnostic laboratory. A wild rodent or rabbit may be submitted for laboratory testing if the animal has bitten a person and either the animal's health or behavior indicates that the animal may have rabies or the bite occurred in an area that contains a rabies epizootic, as determined by the department of health services.

If an animal bites any person, the incident shall be reported to the county enforcement agent immediately by any person having direct knowledge. The county enforcement agent may destroy any animal confined and quarantined pursuant to this section before the termination of the minimum confinement period for laboratory examination for rabies if:. Any animal subject to licensing under this article found without a tag identifying its owner shall be deemed unowned.

The county enforcement agent shall destroy a vicious animal by order of a justice of the peace or a city magistrate. A justice of the peace or city magistrate may issue an order to destroy a vicious animal after notice to the owner, if any, and the person who was bitten, and a hearing. The justice of the peace or city magistrate may impose additional procedures and processes to protect all parties in the interest of justice, and any decision by the justice of the peace or magistrate may be appealed to the superior court.

The owner of a vicious animal shall be responsible for any fees incurred by the enforcement agent for the impounding, sheltering and disposing of the vicious animal. This section does not apply to a dog that is used by any federal, state, county, city or town law enforcement agency and that bites any person if the bite occurs while the dog is under proper law enforcement supervision and the care of a licensed veterinarian, except that the law enforcement agency shall notify the county enforcement agent if the dog exhibits any abnormal behavior and make the dog available for examination at any reasonable time.

Unlawful interference with county enforcement agent It is unlawful for any person to interfere with the county enforcement agent in the performance of his duties.

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Removing impounded animals No person may remove or attempt to remove an animal which has been impounded or which is in the possession of the county enforcement agent except in accordance with the provisions of this article and the regulations promulgated thereunder. It is unlawful for a person to keep, harbor or maintain a dog within the state of Arizona except as provided by the terms of this article.

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The provisions of this article shall not apply to incorporated cities or towns that impose a license fee and vaccination on dogs by ordinance, provided that such ordinance is equal to or more stringent than the provisions of this article. The provisions of this article shall not apply to counties which regulate the running at large of dogs in the unincorporated areas of the county by ordinance provided that such ordinance is equal to or more stringent than the provisions of this article.

Any person who fails to comply with the requirements of this article, or violates any of its provisions, is guilty of a class 2 misdemeanor unless another classification is specifically prescribed in this article. Injury to any person or damage to any property by a dog while at large shall be the full responsibility of the dog owner or person or persons responsible for the dog when such damages were inflicted.

Any animal impounded in a county, city or town pound shall be given proper and humane care and maintenance. Any animal destroyed while impounded in a county, city or town pound shall be destroyed only by the use of sodium pentobarbital or a derivative of sodium pentobarbital. The governing body of any county, city or town that operates a pound shall establish procedures for the humane destruction of impounded animals by the methods described in subsections B and C of this section.

April 6, Sterilization of impounded dogs and cats; definition. A dog or cat shall not be released for adoption from a county, city or town pound or from an animal shelter unless one of the following applies:. The dog or cat has been first surgically spayed or neutered or sterilized by another procedure.

There is no veterinary facility capable of performing sterilization within a twenty mile radius of the pound or shelter.

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A veterinarian determines that a medical contraindication for sterilization exists that reasonably requires postponement of the sterilization until the surgery or another approved sterilization procedure can be performed in a safe and humane manner. If subsection A, paragraph 2 or 3 of this section applies, the adopting party shall sign an agreement to have the dog or cat sterilized by a veterinarian within thirty days or within fifteen days of a veterinarian's determination that sterilization may be performed in a safe and humane manner and shall deposit with the pound or shelter an amount sufficient to ensure that the dog or cat will be sterilized.

If the adoption fee includes the cost of sterilization, no deposit is required. The amount of the deposit required by subsection B of this section shall be determined by the pound or shelter to be comparable to the lowest fee charged by veterinarians in the county. The pound or shelter shall refund to the adopting party any monies deposited pursuant to the agreement if within the time provided in the agreement there is presented a written statement signed by a licensed veterinarian that the adopted dog or cat has been sterilized.

Any deposit monies that are not refunded under subsection C of this section shall be used only for the following purposes:.

Bill Text: AZ SB1190 | 2013 | Fifty-first Legislature 1st Regular | Introduced

This section does not apply to a county or incorporated city or town that adopts an ordinance or resolution for dog and cat sterilization that exceeds the requirements of this section. A dog or cat shall not be released to its owner from a county, city or town pound or from an animal shelter unless one of the following applies:. The dog or cat has been sterilized and implanted with a microchip for the purposes of identification at the dog or cat owner's expense. The owner pays a fifty dollar recovery fee, in addition to any fees and costs otherwise required pursuant to this article.

Before sterilizing an animal pursuant to subsection F, paragraph 2 of this section, an animal shelter shall hold the impounded dog or cat for a minimum of seventy-two hours and make reasonable efforts to locate its owner by inspecting it for microchips, tattoos or other identifying information. Unauthorized release of animals; classification; damages. A person who intentionally releases an animal that is lawfully confined for scientific, research, commercial, educational or for public event, display or exhibition purposes without the consent of the owner or custodian of the animal is guilty of a class 6 felony [FN1] and in addition is liable for all of the following:.

To the owner of the animal for damages including the costs of restoring the animal to confinement and to its health condition before the release. For damages to real and personal property caused by the released animal. If the release causes the failure of an experiment or loss of market value, for all costs of repeating the experiment and the loss of value, including replacement of the animals, labor and materials. Any person or entity that operates a public place shall not discriminate against individuals with disabilities who use service animals if the work or tasks performed by the service animal are directly related to the individual's disability.

Work or tasks include assisting individuals who are blind or have low vision with navigation and other tasks, alerting individuals who are deaf or hard of hearing to the presence of people or sounds, providing nonviolent protection or rescue work, pulling a wheelchair, assisting an individual during a seizure, alerting individuals to the presence of allergens, retrieving items such as medicine or the telephone, providing physical support and assistance with balance and stability to individuals with mobility disabilities and helping individuals with psychiatric and neurological disabilities by preventing or interrupting impulsive or destructive behaviors.

The crime deterrent effects of an animal's presence and the provision of emotional support, well-being, comfort or companionship do not constitute work or tasks. It is not discriminatory to exclude a service animal from a public place if one or more of the following apply:.

The animal poses a direct threat to the health or safety of others. The animal fundamentally alters the nature of the public place or the goods, services or activities provided. The animal is out of control and the animal's handler does not take effective action to control the animal. If a public place asks an individual to remove a service animal pursuant to subsection B of this section, the public place shall give the individual the opportunity to return and obtain goods, services or accommodations without the animal on the premises.

Public places may maintain a general no pets policy if it is not used to exclude service animals and if it does not grant rights to any person to bring the person's pet into a public place that otherwise does not permit pets. A service animal's handler is liable for any damage done to a public place by the service animal or service animal in training.

Any trainer or individual with a disability may take an animal being trained as a service animal to a public place for purposes of training it to the same extent as provided in subsections A, B and D of this section. A zoo or wild animal park may prohibit a service animal, including a dog guide or service dog, from any area of the zoo or wild animal park where the service animal may come into direct contact with the animals contained in the zoo or wild animal park.

Service animals shall not be excluded from public walkways or sidewalks or from any area that allows for physical barriers between the service animals, dog guides or service dogs and the animals in the zoo or wild animal park. Any zoo or wild animal park that prohibits dog guides and service dogs shall provide without cost adequate facilities for the temporary confinement of dog guides and service dogs.

The facilities shall be adequate to accommodate the anticipated attendance of legally blind or deaf persons or persons with physical disabilities, shall be in an area not accessible to the general public, shall provide water for the dog guides and service dogs and shall otherwise be safe, clean and comfortable.

The zoo or wild animal park on request by a legally blind person who is required to leave that person's dog guide or service dog pursuant to this subsection shall provide a sighted escort if the legally blind person is unaccompanied by a sighted person. The driver of a vehicle approaching a legally blind pedestrian who is carrying a cane that is predominately white or metallic in color, who is using a service animal or who is assisted by a sighted person shall yield the right-of-way and take reasonable precautions to avoid injury to the pedestrian and the service animal.

The pedestrian has the same rights as any other person whether or not the pedestrian is carrying the cane, using a service animal or being assisted by a sighted person. Drivers shall take the same precautions with respect to pedestrians who have a disability other than blindness and their service animals. A driver who violates this subsection is liable for damages for any injury caused to the pedestrian or the service animal. Any person or entity that violates subsection A, H or I of this section is guilty of a class 2 misdemeanor.

A person may not fraudulently misrepresent an animal as a service animal or service animal in training to a person or entity that operates a public place. A court or duly appointed hearing officer may impose on the person misrepresenting the animal in violation of this subsection a civil penalty of not more than two hundred fifty dollars for each violation. This section is not intended to affect any civil remedies available for a violation of this section. However, a public accommodation may ask if the animal is a service animal being used because of a disability or what work or task the service animal has been trained to perform.

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Service animal does not include other species of animals, whether wild or domestic or trained or untrained. Added by Laws , Ch. The owner of a dog which bites a person when the person is in or on a public place or lawfully in or on a private place, including the property of the owner of the dog, is liable for damages suffered by the person bitten, regardless of the former viciousness of the dog or the owner's knowledge of its viciousness.

In the apprehension or holding of a suspect where the employee has a reasonable suspicion of the suspect's involvement in criminal activity. Subsection B of this section shall not apply in any case where the victim of the bite was not a party to, nor a participant in, nor suspected to be a party to or a participant in, the act that prompted the use of the dog in the military or police work. Subsection B of this section shall apply only where a governmental agency using a dog in military or police work has adopted a written policy on the necessary and appropriate use of a dog for the police or military work enumerated in subsection B of this section.

Lawful presence on private property defined. A person is lawfully in or on the private property of the owner of a dog within the meaning of this article when an invitee or guest, or when in the performance of a duty imposed upon him by law of the state or United States, or by ordinances of a municipality in which such property is located. Proof of provocation of the attack by the person injured shall be a defense to the action for damages. The issue of provocation shall be determined by whether a reasonable person would expect that the conduct or circumstances would be likely to provoke a dog.

Violations; classification A. Unless otherwise prescribed by this title, it is unlawful for a person to:.

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Violate any provision of this title or any rule adopted pursuant to this title. Take, possess, transport, release, buy, sell or offer or expose for sale wildlife except as expressly permitted by this title. Destroy, injure or molest livestock, growing crops, personal property, notices or signboards, or other improvements while hunting, trapping or fishing. Discharge a firearm while taking wildlife within one-fourth mile of an occupied farmhouse or other residence, cabin, lodge or building without permission of the owner or resident. Take big game, except bear or mountain lion, with the aid of dogs.

Make more than one use of a shipping permit or coupon issued by the commission. Obtain a license or take wildlife during the period for which the person's license has been revoked or suspended or the person has been denied a license. Possess or transport any wildlife or parts of the wildlife that was unlawfully taken. Possess or transport the carcass of big game without a valid tag being attached.

Use the edible parts of any game mammal or any part of any game bird or nongame bird as bait. Possess or transport the carcass or parts of a carcass of any wildlife that cannot be identified as to species and legality. Take game animals, game birds and game fish with an explosive compound, poison or any other deleterious substances. Import into this state or export from this state the carcass or parts of a carcass of any wildlife unlawfully taken or possessed. Unless a different or other penalty or punishment is specifically prescribed a person who violates any provision of this title, or who violates or fails to comply with a lawful order or rule of the commission, is guilty of a class 2 misdemeanor.

A person who knowingly takes any big game during a closed season or who knowingly possesses, transports or buys any big game that was unlawfully taken during a closed season is guilty of a class 1 misdemeanor. Barters, sells or offers for sale any big game or parts of big game taken unlawfully.

Barters, sells or offers for sale any wildlife or parts of wildlife unlawfully taken during a closed season. Barters, sells or offers for sale any wildlife or parts of wildlife imported or purchased in violation of this title or a lawful rule of the commission. Assists another person for monetary gain with the unlawful taking of big game.

A peace officer who knowingly fails to enforce a lawful rule of the commission or this title is guilty of a class 2 misdemeanor. Spaying and neutering of animals special plates. The department shall issue spaying and neutering of animals special plates. The design and color of the spaying and neutering of animals special plates are subject to the approval of the department.


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Companion animal spay and neuter committee. The companion animal spay and neuter committee is established consisting of the following seven members who reside in this state and who are appointed by the governor:. Two members, each representing a different humane society that is incorporated in this state and that provides spay and neuter services. Two members, each representing a different animal control entity that is not affiliated with a humane society.


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  • One member who resides in a county with a population of three hundred thousand persons or less and who represents an animal welfare entity. One member who represents the Arizona veterinary medical association. One member who represents an established community coalition of animal welfare organizations. For the purposes of this section, the third-party administrator shall be a corporation that files under section c 3 of the United States internal revenue code1 for federal income tax purposes and that is experienced in awarding grants. Members of the committee are not eligible to receive compensation but are eligible for reimbursement of expenses pursuant to title 38, chapter 4, article 2.

    Renumbered as The companion animal spay and neuter committee shall administer the fund. Excluding the initial thirty-two thousand dollar reimbursement, not more than ten percent of monies deposited in the fund annually shall be used for the cost of administering the fund. Monies in the fund are continuously appropriated. The companion animal spay and neuter committee shall annually distribute all monies deposited in the spaying and neutering of animals fund, excluding administrative fees, to any qualifying entities. Monies awarded pursuant to this section shall not be used to sterilize animals that may be euthanized unless euthanasia becomes necessary due to illness, injury or behavior.

    The companion animal spay and neuter committee shall prepare and issue a request for donation application that includes at least the following information:. Adequate public notice of the request for donation application shall be given a reasonable time before the date set forth in the request for application. The notice may include publication one or more times in a newspaper of general circulation in this state a reasonable time before the application opening. A preapplication conference may be conducted before the due date for the submittal of an application to explain the donation application requirements.

    Statements made at a preapplication conference are not amendments to a request for a donation application unless a written amendment is issued. A donation application shall be publicly received at the time and place designated in the request for donation application. The name of each applicant shall be publicly read and recorded.

    All other information in the donation application is confidential during the process of evaluation. All applications shall be open for public inspection after donations are awarded. To the extent the applicant designates and the state concurs, trade secrets and other proprietary information contained in the application shall remain confidential.

    Keywords cloud seeding Desalination transboundary water law watercourse convention. Water International , 41 6 , In: Water International , Vol. Larson R. Water International. Larson, Rhett. In: Water International. Access to Document Link to publication in Scopus. Link to citation list in Scopus.