PREFILED JAN 06 2010
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REFERENCE TITLE: vicious animal assault; classification |
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State of Arizona House of Representatives Forty-ninth Legislature Second Regular Session 2010
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HB 2044 |
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Introduced by Representative Montenegro
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AN ACT
Amending title 11, chapter 7, article 6, Arizona Revised Statutes, by adding section 11‑1014.01; amending section 13-1208, Arizona Revised Statutes; relating to biting dogs.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Title 11, chapter 7, article 6, Arizona Revised Statutes, is amended by adding section 11-1014.01, to read:
11-1014.01. Aggressive dogs; muzzle requirement; violation; classification; definition
A. A person who owns an aggressive dog shall securely muzzle the dog in a manner that prevents the dog from biting or attacking a person or domestic animal at all times while the dog is off the owner's property.
B. This section does not apply to a dog that is any of the following:
1. Owned by any governmental agency and that is being used in military or police work.
2. A service animal as defined in section 11-1024.
3. Involved in an otherwise lawful act of hunting, ranching, farming or other agricultural purpose.
C. A person who violates this section is guilty of a class 1 misdemeanor.
D. For the purposes of this section, "aggressive dog" means any dog that has bitten a person or domestic animal without provocation or that has a known propensity, tendency or disposition to attack persons or domestic animals without provocation.
Sec. 2. Section 13-1208, Arizona Revised Statutes, is amended to read:
13-1208. Vicious animal assault; notice; exception; classification
A. A person who intentionally or knowingly causes any dog to bite and inflict serious physical injury on a human being or otherwise cause serious injury to a human being is guilty of a class 3 felony, unless the person would be justified in using physical force or deadly physical force in self‑defense or defense of a third person pursuant to chapter 4 of this title.
A. B. A person who owns a dog that the owner knows or has reason to know has a propensity to attack, to cause injury or to otherwise endanger the safety of human beings without provocation or that has been found to be a vicious animal by a court of competent jurisdiction and that bites, inflicts physical injury on or attacks a human being while at large is guilty of a class 1 misdemeanor 5 felony.
B. C. A person who owns a dog that the owner knows or has reason to know has a propensity to attack, to cause injury or to otherwise endanger the safety of human beings without provocation or that has been found to be a vicious animal and by a court of competent jurisdiction, who keeps the dog or vicious animal in an enclosed area or yard outside of a residence or structure on the property shall and who fails to post a conspicuous notice indicating the presence of the dog or vicious animal is guilty of a class 1 misdemeanor.
C. D. This section does not apply to dogs that are owned or used by a law enforcement agency and that are used in the performance of police work.