§ 6-3. Authority to remove, impound and forfeit animals; cost of care.

(a)

A peace officer, enforcement agent or county animal control officer is hereby authorized and empowered to seize and impound any animal as follows:

(1)

On process issued pursuant to the provisions of A.R.S. tit. 13, including a search warrant.

(2)

If the peace officer, enforcement agent or county animal control officer has reasonable grounds to believe that a violation of section 6-1 has occurred.

(3)

If the peace officer, enforcement agent or animal control officer has reasonable grounds to believe any of the following:

a.

That an animal is in distress caused by mistreatment, lack of food or water, restraint, restriction of movement, confinement, lack of sufficient exercise space, constrictive gear, injury, illness, physical impairment or parasites; or

b.

That an animal's well-being is threatened by a dangerous condition or circumstance;

c.

That seizure is necessary to protect the health or safety of the animal or the health and safety of other animals;

d.

That an animal is vicious or destructive and may be a danger to the safety of any person or other animal.

(b)

Nothing in this section shall be construed to prohibit the attorney for the state, after seizure of an animal by a peace officer, enforcement agent or animal control officer, from taking possession of and keeping the animal when the attorney deems the animal to be of evidentiary value in any criminal prosecution relating to the condition of the animal. If the attorney for the state intends to take possession of and retain an animal as evidence in any criminal prosecution, the attorney shall promptly provide written notice to the police department.

(c)

The town may contract with any person, agency or shelter, including volunteers, to house, care for and treat an animal that has been seized and impounded pursuant to the provisions of this section.

(d)

The owner or keeper of an animal properly seized under this section is liable for the cost of housing, caring for and treating the animal. Unless the seizure or impoundment of an animal is for evidentiary purposes, supported by a written notice of intent as required by subsection (b), or the court determines at a post-seizure hearing that the seizure or impoundment was not justified, the owner or keeper shall post with the court a bond in the form of cash or a surety's undertaking to defray some of the costs of housing of, caring for and treating the animal. The bond shall be in the amount of $25.00 per animal. The owner or keeper shall post the bond within ten days of the date of the notice provided under section 6-4. If the owner or keeper fails to post the bond within the specified time, the owner or keeper shall be deemed to have abandoned the animal. The animal may then be placed for adoption through Maricopa County Animal Care and Control, an animal welfare organization, an animal shelter, a suitable home or humanely destroyed.

(e)

Upon forfeiture of an animal, the court shall forfeit the bond to pay the expenses incurred in the housing of, caring for and treating the animal. If the bond exceeds the expenses, the court shall exonerate the bond amount and order the security returned to the owner or keeper only to the extent the bond exceeds the expenses incurred in the housing of, caring for and treatment of the animal. The court shall order the bond exonerated and the security returned to the owner or keeper if at the conclusion of the case the animal is not forfeited under this chapter.

(Ord. No. 2228, § I, 5-12-09; Ord. No. 2415, § I, 1-17-13)