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Senate Engrossed House Bill |
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State of Arizona House of Representatives Fiftieth Legislature First Regular Session 2011
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HOUSE BILL 2137 |
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AN ACT
Amending title 11, chapter 7, article 6, Arizona Revised Statutes, by adding section 11‑1014.01; amending sections 11‑1022 and 13‑1208, Arizona Revised Statutes; relating to handling of animals.
(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 11-1022, Arizona Revised Statutes, is amended to read:
11-1022. Sterilization of impounded dogs and cats; definition
A. 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:
1. The dog or cat has been first surgically spayed or neutered or sterilized by another procedure.
2. There is no veterinary facility capable of performing surgical sterilization within a twenty mile radius of the pound or shelter.
3. A veterinarian determines that a medical contraindication for surgery sterilization exists that reasonably requires postponement of the surgery sterilization until the surgery or another approved sterilization procedure can be performed in a safe and humane manner.
B. If subsection A, paragraph 2 or 3 of this section applies, the adopting party shall sign an agreement to have the dog or cat spayed or neutered sterilized by a veterinarian within thirty days or within fifteen days of a veterinarian's determination that surgical 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.
C. If the adoption fee includes the cost of spaying or neutering 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 spayed or neutered sterilized.
D. Any deposit monies that are not refunded under subsection C of this section shall be used only for the following purposes:
1. Spaying or neutering Sterilization of dogs and cats.
2. Public education to prevent overpopulation of dogs and cats.
3. Costs of confirming that adopted dogs and cats are spayed or neutered sterilized.
E. 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.
F. 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:
1. The dog has a current dog license pursuant to section 11‑1008 at the time the dog entered the pound or shelter.
2. The dog or cat has been surgically spayed or neutered sterilized and implanted with a microchip for the purposes of identification at the dog or cat owner's expense.
3. There is no veterinary facility capable of performing surgical sterilization within a twenty mile radius of the pound or shelter.
4. A veterinarian determines that a medical contraindication for surgery sterilization exists that reasonably requires postponement of the surgery sterilization until the surgery or another approved sterilization procedure can be performed in a safe and humane manner.
5. The owner pays a fifty dollar recovery fee, in addition to any fees and costs otherwise required pursuant to this article.
G. Before surgically spaying or neutering 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.
H. For the purposes of this section, :
1. "Animal shelter" means a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit corporate organization devoted to the welfare, protection and humane treatment of animals.
2. "Sterilization" means the surgical removal of the reproductive organs of a dog or cat or the use of humane nonsurgical methods and technologies approved by the food and drug administration, the United States department of agriculture or the environmental protection agency to permanently render the animal unable to reproduce.
Sec. 3. 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 biting 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 biting 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.