HB2873 - 562R

Be it enacted by the Legislature of the State of Arizona:

Section 1. Section 11-1013, Arizona Revised Statutes, is amended to read:

START_STATUTE11-1013. Establishment of county pounds; impounding and disposing of dogs and cats; owner notification; reclaiming impounded dogs and cats; pound fees

A. The board of supervisors in each county may provide or authorize a county pound or pounds or enter into a cooperative agreement with a city or town, a veterinarian or an Arizona incorporated humane society to establish and operate a county pound.

B. Any stray dog OR ABANDONED ANIMAL shall be impounded. All dogs and cats impounded ANIMALS AS DEFINED IN SECTION 13-2910 shall be given proper care and maintenance.

C. All dogs and cats impounded at with a county pound or at with a city or town facility, a veterinarian or an Arizona incorporated humane society that has entered into a cooperative agreement with a county pursuant to subsection A of this section shall be thoroughly scanned for the presence of a microchip on being impounded, and a reasonable effort shall be made to contact the owner.

D. All deceased dogs and cats found in a public place and brought to a county pound or to a city or town facility, a veterinarian or an Arizona incorporated humane society that has entered into a cooperative agreement with a county pursuant to subsection A of this section shall be scanned for the presence of a microchip, and a reasonable effort shall be made to contact the owner.

E. Each stray dog or any cat impounded and not eligible for a sterilization program shall be kept and maintained at the county pound for a minimum of seventy-two hours or one hundred twenty hours for an animal that is impounded with a microchip or wearing a license or any other discernible form of owner identification, unless claimed or surrendered by its owner. Any person may purchase a dog or cat on expiration of the impoundment period, if the person pays all pound fees established by the county board of supervisors and complies with the licensing and vaccinating provisions of this article. If the dog or cat is to be used for medical research, a license or vaccination is not required. Any impounded cat that is eligible for a sterilization program and that will be returned to the vicinity where the cat was originally captured may be exempted from the mandatory holding period required by this subsection. For the purposes of this subsection, "eligible" means a cat that is living outdoors, lacks discernible identification, is of sound health and possesses its claws.

F. Any impounded licensed dog or any cat may be reclaimed by its owner or the owner's agent if the person reclaiming the dog or cat furnishes proof of the person's right to do so and pays all pound fees established by the board of supervisors. Any person purchasing a dog or cat shall pay all pound fees established by the board of supervisors.

G. If the dog or cat is not reclaimed within the impoundment period, the county enforcement agent shall take possession of and may place the dog or cat for sale or may dispose of the dog or cat in a humane manner. The county enforcement agent may euthanize impounded sick or injured dogs or cats if necessary to prevent the dog or cat from suffering or to prevent the spread of disease. END_STATUTE

Sec. 2. Section 13-2910, Arizona Revised Statutes, is amended to read:

START_STATUTE13-2910. Cruelty to animals; interference with working or service animal; release conditions; classification; definitions

A. A person commits cruelty to animals if the person does any of the following:

1. Intentionally, knowingly or recklessly subjects any animal under the person's custody or control to cruel neglect or abandonment.

2. Intentionally, knowingly or recklessly fails to provide medical attention necessary to prevent protracted suffering to any animal under the person's custody or control.

3. Intentionally, knowingly or recklessly inflicts unnecessary physical injury to any animal.

4. Recklessly subjects any animal to cruel mistreatment.

5. Intentionally, knowingly or recklessly kills any animal under the custody or control of another person without either legal privilege or consent of the owner.

6. Recklessly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.

7. Intentionally, knowingly or recklessly leaves an animal unattended and confined in a motor vehicle and physical injury to or death of the animal is likely to result.

8. Intentionally or knowingly subjects any animal under the person's custody or control to cruel neglect or abandonment that results in serious physical injury to the animal.

9. Intentionally or knowingly subjects any animal to cruel mistreatment.

10. Intentionally or knowingly interferes with, kills or harms a working or service animal without either legal privilege or consent of the owner.

11. Intentionally or knowingly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal.

12. Recklessly allows any dog that is under the person's custody or control to interfere with, kill or cause physical injury to a service animal.

13. Intentionally or knowingly obtains or exerts unauthorized control over a service animal with the intent to deprive the service animal handler of the service animal.

14. Intentionally or knowingly subjects a domestic animal to cruel mistreatment.

15. Intentionally or knowingly kills a domestic animal without either legal privilege or consent of the domestic animal's owner or handler.

16. Intentionally or knowingly harasses a working animal that is in a law enforcement vehicle or trailer without either legal privilege or consent of the owner.

17. INTENTIONALLY OR KNOWINGLY RELEASes A DOMESTIC ANIMAL OR HORSE INTO THE WILD or A REMOTE AREA or on LAND OR PROPERTY THAT IS NOT UNDER THE DIRECT OWNERSHIP OR CONTROL OF THE OWNER OR OWNER'S AGENT OR OTHERWISE INTENTIONALLY OR KNOWINGLY ABANDONs AN ANIMAL.

B. It is a defense to subsection A of this section if:

1. Any person exposes poison to be taken by a dog that has killed or wounded livestock or poison to be taken by predatory animals on premises owned, leased or controlled by the person for the purpose of protecting the person or the person's livestock or poultry, the treated property is kept posted by the person who authorized or performed the treatment until the poison has been removed and the poison is removed by the person exposing the poison after the threat to the person or the person's livestock or poultry has ceased to exist. The posting required shall provide adequate warning to persons who enter the property by the point or points of normal entry. The warning notice that is posted shall be readable at a distance of fifty feet, shall contain a poison statement and symbol and shall state the word "danger" or "warning".

2. Any person uses poisons in and immediately around buildings owned, leased or controlled by the person for the purpose of controlling wild and domestic rodents as otherwise allowed by the laws of the state, excluding any fur-bearing animals as defined in section 17-101.

C. This section does not prohibit or restrict:

1. The taking of wildlife or other activities permitted by or pursuant to title 17.

2. Activities permitted by or pursuant to title 3.

3. Activities regulated by the Arizona game and fish department or the Arizona department of agriculture.

D. A peace officer, animal control enforcement agent or animal control enforcement deputy may use reasonable force to open a vehicle to rescue an animal if the animal is left in the vehicle as prescribed in subsection A, paragraph 7 of this section.

E. A person who is convicted of a violation of subsection A, paragraph 6 or 10 of this section is liable as follows:

1. If the working or service animal was killed or disabled, to the owner or agency that owns the working or service animal and that employs the handler or to the owner or handler for the replacement and training costs of the working or service animal and for any veterinary bills.

2. To the owner or agency that owns a working or service animal for the salary of the handler for the period of time that the handler's services are lost to the owner or agency.

3. To the owner for the owner's contractual losses with the agency.

F. An incorporated city or town or a county may adopt an ordinance with misdemeanor provisions at least as stringent as the misdemeanor provisions of this section, except that any ordinance adopted shall not prohibit or restrict any activity involving a dog, whether the dog is restrained or not, if the activity is directly related to the business of shepherding or herding livestock and the activity is necessary for the safety of a human, the dog or livestock or is permitted by or pursuant to title 3.

G. If a judicial officer orders the release of a person who is currently serving a term of probation for a violation of this section and who is charged with a new violation of this section on the person's own recognizance or on the execution of bail, the judicial officer shall impose a condition of release that prohibits the person from possessing or having contact with any animal.

H. A person who violates subsection A, paragraph 1, 2, 3, 4, 5, 6, 7, 12, or 16 or 17 of this section is guilty of a class 1 misdemeanor. A person who violates subsection A, paragraph 8, 9, 10, 11 or 13 of this section is guilty of a class 6 felony. A person who violates subsection A, paragraph 14 or 15 of this section is guilty of a class 5 felony.

i. NOTWITHSTANDING SECTION 13-802, A PERSON WHO is convicted of a violation of SUBSECTION A, PARAGRAPH 17 OF THIS SECTION is subject to THE FOLLOWING:

1. FOR a FIRST OFFENSE, the court shall:

(a) impose A FINE OF NOT LESS THAN $500 PER ANIMAL.

(b) order RESTITUTION TO EACH RESPECTIVE RESCUER, FIRST RESPONDER, ANIMAL SHELTER, POUND AND VEterinarian FOR ALL COSTS INCURRED BY EACH person or entity TO RESCUE, RECEIVE, RESUSCITATE OR REHABILITATE OR ATTEMPT TO RESCUE, RECEIVE, RESUSCITATE OR REHABILITATE EACH ANIMAL.

2. FOR a SECOND or SUBSEQUENT OFFENSE, the court shall:

(a) impose A FINE OF NOT LESS THAN $1,000 PER ANIMAL.

(b) order RESTITUTION TO EACH RESPECTIVE RESCUER, FIRST RESPONDER, ANIMAL SHELTER, POUND AND VETerinarian FOR ALL COSTS INCURRED BY EACH person or entity TO RESCUE, RECEIVE, RESUSCITATE OR REHABILITATE OR ATTEMPT TO RESCUE, RECEIVE, RESUSCITATE OR REHABILITATE EACH ANIMAL.

(d) prohibit contact with ANIMALs FOR FIVE YEARS.

(e) ADD the person's NAME TO THE ANIMAL CRUELTY REGISTRY.

I. j. For the purposes of this section:

1. "ABANDONMENT" MEANS either:

(a) TO FORSAKE ENTIRELY OR TO NEGLECT, REFUSE OR OTHERWISE CEASE TO PROVIDE OR PERFORM THE LEGAL OBLIGATIONS OF CARE AND SUPPORT FOR AN ANIMAL BY ITS OWNER OR THE OWNER'S AGENT.

(b) TO RELINQUISH, RENOUNCE OR OTHERWISE WAIVE ALL LEGAL RIGHTS OR CLAIMs OF OWNERSHIP, POSSESSION OR TITLE TO AN ANIMAL BY AN OWNER, WHETHER IMPLICITLY OR EXPRESSLY, WITHOUT HAVING FIRST PROVIDED FOR THE LAWFUL TRANSFER OR SUCCESSION OF OWNERSHIP AND CARE TO A SUBSEQUENT OWNER.

1. 2. "Animal" means a mammal, bird, reptile or amphibian.

2. 3. "Cruel mistreatment" means to torture or otherwise inflict unnecessary serious physical injury on an animal or to kill an animal in a manner that causes protracted suffering to the animal.

3. 4. "Cruel neglect" means to fail to provide an animal with necessary food, water or shelter.

4. 5. "Domestic animal" means a mammal, not regulated by title 3, that is kept primarily as a pet or companion or that is bred to be a pet or companion.

5. 6. "Handler" means a law enforcement officer or any other person who has successfully completed a course of training prescribed by the person's agency or the service animal owner and who used a specially trained animal under the direction of the person's agency or the service animal owner.

6. 7. "Harass" means to engage in conduct that a reasonable person would expect to impede or interfere with a working animal's performance of its duties.

7. 8. "Service animal" means an animal that has completed a formal training program, that assists its owner in one or more daily living tasks that are associated with a productive lifestyle and that is trained to not pose a danger to the health and safety of the general public.

8. 9. "Working animal" means a horse or dog that is used by a law enforcement agency, that is specially trained for law enforcement work and that is under the control of a handler. END_STATUTE

Sec. 3. Title 32, chapter 20, article 3.1, Arizona Revised Statutes, is amended by adding section 32-2177, to read:

START_STATUTE32-2177. Property managers; duty to report abandoned animals; civil penalty

A. a property manager shall report all abandoned animals to the appropriate law enforcement agency.

B. a property manager who fails to report an abandoned animal to the appropriate law enforcement agency is subject to a civil penalty of $1,000. END_STATUTE

Sec. 4. Title 33, chapter 3, article 1, Arizona Revised Statutes, is amended by adding section 33-304, to read:

START_STATUTE33-304. Landlords; duty to report abandoned animals; civil penalty

A. a landlord shall report all abandoned animals to the appropriate law enforcement agency.

B. a landlord who fails to report an abandoned animal to the appropriate law enforcement agency is subject to a civil penalty of $1,000. END_STATUTE