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Senate Engrossed |
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State of Arizona Senate Fiftieth Legislature First Regular Session 2011
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SENATE BILL 1534 |
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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 animal control.
(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; reasonable care requirements; violation; classification; definitions
A. A person who owns or who is responsible for the care of an aggressive dog shall take reasonable care to:
1. Prohibit the dog from escaping to the outside of a residence or an enclosed area, yard or structure.
2. Control 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 or responsible person's property.
B. This section does not apply to any of the following:
1. A dog that is owned by a governmental agency and that is being used in military or police work.
2. A service animal as defined in section 11-1024.
3. A dog that is involved in an otherwise lawful act of hunting, ranching, farming or other agricultural purpose.
C. A violation of subsection a, paragraph 2 of this section is a class 1 misdemeanor. A violation of subsection A, paragraph 1 of this section is a class 3 misdemeanor.
D. For the purposes of this section:
1. "Aggressive dog" means any dog that has bitten a person or domestic animal without provocation or that has a known history of attacking persons or domestic animals without provocation.
2. "Reasonable care" means the degree of care that a person of ordinary prudence would exercise in the same or similar circumstances.
Sec. 2. Section 13-1208, Arizona Revised Statutes, is amended to read:
13-1208. Assault; vicious animals; classification; exception; definition
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 physical 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 history of attacking or 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 or who is responsible for the care of a dog that the owner or responsible person knows or has reason to know has a history of attacking or 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 who keeps the dog or vicious animal in an enclosed area or yard outside of a residence or structure on the property shall post a notice indicating the presence of the dog or vicious animal by a court of competent jurisdiction and who does not take reasonable care to prohibit the dog from escaping to the outside of a residence or enclosed area, yard or structure 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.
E. For the purposes of this section, "reasonable care" means the degree of care that a person of ordinary prudence would exercise in the same or similar circumstances.