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House Engrossed |
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State of Arizona House of Representatives Fiftieth Legislature Second Regular Session 2012
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HOUSE BILL 2462 |
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AN ACT
amending section 11-1029, Arizona Revised Statutes; amending title 13, chapter 38, Arizona Revised Statutes, by adding article 33; relating to animal control.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 11-1029, Arizona Revised Statutes, is amended to read:
11-1029. Hearing on disposition of vicious animals; forfeiture; exception
A. A peace officer, county enforcement agent or peace officer who has responsibility for animal control in a municipality animal control officer who has impounded an animal pursuant to section 11‑1014 or 13‑2910, on a showing of probable cause that the animal has been cruelly mistreated or cruelly neglected or that the animal is vicious or may be a danger to the safety of any person or other animal, may request a disposition hearing before a justice of the peace or city magistrate to determine whether the animal has suffered cruel mistreatment or cruel neglect as defined in section 13‑2910 or is vicious. The hearing shall be set within fifteen business days after the request has been filed.
B. The officer or agent who has requested a hearing under subsection A of this section shall serve the order on the owner of the animal either by personal service on the owner or by leaving a copy of the order with a person of suitable discretion at the owner's residence or place of business. Proof of service shall be filed with the court. If the owner fails to appear at the hearing or if the justice of the peace or city magistrate determines that the animal is being cruelly mistreated or cruelly neglected or determines that the animal is vicious, the justice of the peace or city magistrate may order that the animal be forfeited to the officer or agent to be made available for adoption or for transfer to a legally incorporated humane society, county animal shelter or approved rescue agency or be humanely destroyed. The owner shall pay impound fees and any other costs for boarding or necessary veterinary care. If the justice of the peace or city magistrate determines that the animal is not vicious, the justice of the peace or city magistrate may order the animal returned to the owner, except that if the owner fails to appear at the hearing, the justice of the peace or city magistrate may order that the animal be forfeited to the officer or agent for transfer to a legally incorporated humane society, county animal shelter or approved rescue agency and be made available for adoption or humane destruction.
C. This section does not apply to the seizure of an equine pursuant to section 3‑1721 or to a city, town or county that adopts or has adopted an ordinance or resolution providing for the forfeiture of an a vicious animal that has suffered cruel mistreatment or cruel neglect if the ordinance or resolution imposes requirements that are equal to or more stringent than this section.
Sec. 2. Title 13, chapter 38, Arizona Revised Statutes, is amended by adding article 33, to read:
ARTICLE 33. AUTHORITY TO SEIZE ANIMALS
13-4281. Animal seizure; notification; bonding; hearing; exception
A. A peace officer, county enforcement agent or animal control officer who lawfully seizes an animal pursuant to section 13‑2910 shall affix a notice of seizure in a conspicuous place where the animal was found or personally deliver the notice of seizure to the owner or keeper of the animal, if known or ascertainable after reasonable investigation. The officer or agent shall file proof of service with the court. If it is determined that the suffering of the animal does not require humane destruction, the notice shall include the following:
1. The name, business address and telephone number of the person providing the notice.
2. A description of the seized animal.
3. The authority and purpose for the seizure, including the time, place and circumstance under which the animal was seized.
4. A statement that in order to receive a postseizure hearing the owner or person authorized to keep the animal, or the owner or person's agent, shall request the hearing by signing and returning to the court an enclosed declaration of ownership or right to keep the animal within ten days, including weekends and holidays, after the date of the notice.
5. A statement that the owner is responsible for the cost of care for an animal that was properly seized and that the owner is required to post a bond in the amount of twenty‑five dollars per animal with the court to defray the cost of care.
6. A warning that if the owner fails to post a bond within ten days after the seizure, the animal will be deemed abandoned and become the property of the seizing agency.
B. On receipt of a declaration of ownership and postseizure hearing request, the justice of the peace or city magistrate shall set a hearing date within fifteen business days. At the hearing, the seizing agency shall have the burden of establishing by a preponderance of evidence that the animal was subjected to cruel mistreatment, cruel neglect or abandonment in violation of section 13‑2910 or will suffer needlessly if humane destruction is delayed. On this finding, the court may terminate the owner's rights in the animal and transfer the rights to the seizing agency or a designated animal care agency and shall forfeit the bond to pay the expenses incurred for the housing, care and treatment of the animal. If at the conclusion of the hearing the animal is not forfeited under this section, the court shall order the bond exonerated and returned to the owner.
C. If the owner or person authorized to keep the animal fails to post bond as prescribed by subsection A, paragraph 5 of this section, fails to request a hearing or fails to attend a scheduled hearing, the animal is deemed abandoned and all rights of the owner in the animal are transferred to the seizing agency.
D. This section does not apply to any of the following:
1. Activities permitted by or pursuant to title 3.
2. The seizure of an equine pursuant to section 3-1721.
3. A city, town or county that adopts or has adopted an ordinance or resolution providing for bonding and forfeiture of an animal that has suffered cruel mistreatment or cruel neglect if the ordinance or resolution imposes requirements that are equal or more stringent than this section.