COMMITTEE ON AGRICULTURE, WATER AND LANDS
HOUSE OF REPRESENTATIVES AMENDMENTS TO S.B. 1248
(Reference to Senate engrossed bill)
Strike everything after the enacting clause and insert:
"Section 1. Section 9-499.04, Arizona Revised Statutes, is amended to read:
9-499.04. Animal control officers; appointment; authority; regulation of dogs; powers and duties
A. Any
city and town may by ordinance provide for the appointment of animal control
officers who may commence an action or proceeding before a court for any
violation of a state statute or local ordinance relating to rabies and animal
control which that occurs within the jurisdiction of the
city or town.
B. An animal control officer appointed pursuant to subsection A of this section shall:
1. Be unarmed during the course of duties except
that a small caliber firearm may be available to be used in controlling vicious
animals or in dispatching of a wounded animal. In For
the purposes of this paragraph, "small caliber firearm" means
a rifle or pistol utilizing a rimfire cartridge with a caliber not to exceed
twenty‑two hundredths of an inch and with a non‑richocheting bullet
or a shotgun whose bore size shall does not exceed forty‑one
hundredths of an inch.
2. Be an employee of the appointing city or town.
C. A city or town may regulate the control of dogs if the regulation is not specific to any breed.
C. D. Subsection B of this section
shall not be construed to does not grant other powers
or benefits to animal control officers to which peace officers of this state
are entitled.
Sec. 2. Section 11-1005, Arizona Revised Statutes, is amended to read:
11-1005. Powers and duties of board of supervisors
A. Each county board of supervisors may:
1. Designate or employ a county enforcement agent. If such designation or employment is not made, the county sheriff shall be the county enforcement agent, but nothing in this article shall be deemed to prevent the county board of supervisors from designating or employing a county enforcement agent at any time it is deemed necessary or advisable.
2. Provide the county enforcement agent with such personnel and equipment as are necessary to enforce the provisions of this article and the rules adopted under this article.
3. Contract with any city or town to enforce the provisions of any ordinance enacted by such city or town for the control of dogs if the provisions are not specific as to any breed.
4. For the unincorporated areas of the county, by ordinance, regulate, restrain and prohibit the running at large of dogs, except dogs used for control of livestock or while being used or trained for hunting.
5. For the unincorporated areas of the county, by ordinance, regulate, restrain and prohibit the excessive and unrestrained barking of dogs.
6. Establish either:
(a) Criminal penalties not to exceed the penalties for a class 2 misdemeanor for violation of an ordinance adopted pursuant to paragraph 4 or 5 of this subsection.
(b) Civil penalties for violations of an ordinance adopted pursuant to paragraph 4 or 5 of this subsection, not to exceed five hundred dollars for each violation.
B. Fines received for violation of an ordinance adopted with a criminal penalty pursuant to subsection A, paragraph 6, subdivision (a) of this section shall be deposited in a special, permanent, nonlapsing and nonreverting county fund to be used solely for the operation of the county enforcement agency.
C. Each county board of supervisors may establish pound fees for impounding and maintaining animals at the county pound or any pound used by the county.
D. The county board of supervisors shall be responsible for declaring a rabies quarantine area within its jurisdiction on a recommendation of the county board of health or the local health department. If a rabies quarantine area is declared, the county board of supervisors shall meet with the county board of health and the county enforcement agent and institute an emergency program for the control of rabies within that area provided that any regulations restricting or involving the movement of livestock within that area shall be developed by the state veterinarian.
Sec. 3. Title 44, chapter 11, article 17, Arizona Revised Statutes, is amended by adding sections 44-1799.10 and 44-1799.11, to read:
44-1799.10. Pet store operators; pet dealers; prohibitions on dog and cat purchases; record keeping
A. A pet store operator or pet dealer may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who is required to be licensed by the pet dealer regulations of the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159) if any of the following applies:
1. The person is not currently licensed by the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159).
2. Within two years before obtaining the dog or cat the person commits a direct violation of any of the pet dealer regulations of the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159).
3. The person receives an indirect no access violation on each of the two most recent inspection reports issued by the United States department of agriculture under the animal welfare act (7 United States Code sections 2131 through 2159).
4. The person commits three or more indirect violations of the pet dealer regulations of the United States department of agriculture during the two‑year period before obtaining the dog or cat for violations relating to the health or welfare of the animal and the violations were not administrative in nature. The indirect violations described in this paragraph do not include a violation described in paragraph 3 of this subsection.
B. A pet store operator or pet dealer may not obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a person who directly or indirectly obtained a dog or cat from a person described in subsection A of this section. A pet store operator or pet store dealer shall be presumed to have acted in good faith and to have satisfied its obligation to ascertain if a person meets the criteria described in subsection A by conducting a search on the animal care information system search tool maintained by the United States department of agriculture when placing an order to obtain a dog or cat for sale or resale.
C. Notwithstanding subsections A and B of this section, a pet store operator or pet dealer may obtain a dog or cat for resale or sell or offer for sale any dog or cat obtained from a publicly operated pound or a private, charitable nonprofit humane society or from any animal adoption activity conducted by a pound or humane society.
D. A pet dealer shall maintain records verifying its compliance with this section for at least two years after obtaining the dog or cat to be sold or offered for sale.
44-1799.11. Pet dealer regulation; state preemption
The regulation of pet dealers is a matter of statewide concern. A city, town or county may enact or enforce an ordinance to enforce the sourcing provisions of section 44‑1799.10 against a pet store or pet dealer that violates the sourcing requirements of 44‑1799.10 by imposing a penalty permitted by section 44‑1799.08. Any local law, rule, regulation or ordinance that imposes sourcing requirements on pet dealers that are more restrictive than the sourcing requirements of section 44‑1799.10 is preempted. Any local law, rule, regulation or ordinance may not directly or indirectly prohibit or be applied to prohibit the sale of dogs or cats by a pet store or pet dealer, expressly or in effect, based on the source from which the animal is obtained if obtained in compliance with section 44‑1799.10."
Amend title to conform