HB 2516 - As presented to the Legislature
*Text shown in blue are additions
*Text shown in red are deletions
REFERENCE TITLE: animals; sterilization; permits; exemptions |
State of Arizona |
HB 2516 |
Introduced by Representatives Ableser, Sinema: Bradley, Campbell CH, Gallardo, Lopez, Meza, Rios P |
AN ACT
amending sections 11-1008, 11-1011 and 11-1022, arizona revised statutes; 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 11-1008, Arizona Revised Statutes, is amended to read:
11-1008. License fees for dogs; issuance of dog tags; classification
A. The board of supervisors of each county may set a license fee which shall be paid for each dog three months of age or over that is kept, harbored or maintained within the boundaries of the state for at least thirty consecutive days of each calendar year. License fees shall become payable at the discretion of the board of supervisors of each county. The licensing period shall not exceed the period of time for revaccination as designated by the state veterinarian. License fees shall be paid within ninety days to the board of supervisors. A penalty fee of two dollars shall be paid if the license application is made less than one year subsequent to the date on which the dog is required to be licensed under this article. If the license application is made one year or later from the date on which the dog is required to be licensed, an additional penalty fee of ten dollars shall be paid for each subsequent year up to a maximum of twenty‑two dollars. This penalty shall not be assessed against applicants who furnish adequate proof that the dog to be licensed has been in their possession in Arizona less than thirty consecutive days.
B. If the board of supervisors adopts a license fee, the board shall provide durable dog tags. Each dog licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the county, the number of the license, and the year in which it expires. The tag shall be attached to a collar or harness which shall be worn by the dog at all times, except as otherwise provided in this article. Whenever a dog tag is lost, a duplicate tag shall be issued upon application by the owner and payment of a fee established by the board of supervisors.
C. The board of supervisors may set license fees that are lower for dogs permanently incapable of procreation. An applicant for a license for a dog claimed to be incapable of procreation shall furnish adequate proof satisfactory to the enforcement agent that such dog has been surgically altered to be permanently incapable of procreation.
D. All fees and penalties shall be deposited in the rabies and animal control fund pursuant to section 11‑1011.
E. Any person who knowingly fails within fifteen days after written notification from the county enforcement agent to obtain a license for a dog required to be licensed, counterfeits an official dog tag, removes such tag from any dog for the purpose of intentional and malicious mischief or places a dog tag upon a dog unless the tag was issued for that particular dog is guilty of a class 2 misdemeanor.
Sec. 2. Section 11-1011, Arizona Revised Statutes, is amended to read:
11-1011. Rabies and animal control fund
A. The board of supervisors and county enforcement agents shall transmit the monies collected under the provisions of this article to the county treasurer for deposit in a special fund to be known as the rabies and animal control fund to be used by counties and animal control agents for the enforcement of the provisions of this article and the regulations promulgated thereunder pursuant to this article. The county treasurer shall maintain the fund.
B. In addition to use for enforcement, monies in the fund shall be used by counties and may be provided to cities and towns to fund low cost spay and neuter programs for dogs and cats of persons who qualify for any federal, state or local public assistance program.
B. c. Any unencumbered balance remaining in the rabies and animal control fund at the end of a fiscal year shall be carried over into the following fiscal year. END_STATUTE
Sec. 3. Section 11-1022, Arizona Revised Statutes, is amended to read:
11-1022. Sterilization of dogs and cats; permits; administration; civil penalty; adoption procedures; definition
A. A person shall not own or keep a dog or cat that is more than six months old if the animal has not been spayed or neutered unless the person has an intact permit. The fee for an intact permit shall be set by the county enforcement agent for the county or by the local jurisdiction and shall be no more than is reasonably necessary to fund the administration of the intact permit program for the jurisdiction. Intact permit fees shall be deposited in the rabies and animal control fund established pursuant to section 11-1011.
B. A county enforcement agent shall issue an intact permit if the owner of the dog or cat provides any of the following:
1. A copy of the owner's business license and federal tax identification number as a dog or cat breeder.
2. Proof that the dog or cat belongs to a recognized registry or association and at least one of the following applies:
(a) The dog or cat is used to show or compete and has competed in at least one show or competition by, or under the approval of, a recognized registry or association within the last two years, or by whatever proof is required by the county enforcement agent demonstrating that the dog or cat is being trained to show or compete and is too young to have competed.
(b) The dog or cat has earned, or if less than three years old, is in the process of earning, a conformation, obedience, agility, carting, herding, protection, rally, sporting, working or other title from a recognized registry or association.
3. Proof that the owner is a breeder of mixed breed or purebred working dogs or is supplying mixed breed or purebred dogs for training as working dogs to law enforcement, fire agencies or professional or volunteer private sector working dog organizations.
4. Proof that the dog is being actively used by law enforcement, fire agencies or professional or volunteer private sector working dog organizations for law enforcement, fire service, search and rescue or medical service activities, or is being raised, groomed, socialized or otherwise prepared for duties for any of these purposes.
5. A letter from a licensed veterinarian stating that due to age, poor health or illness it is unsafe to spay or neuter the animal. The letter shall include the veterinarian's license number, the name of the owner, a description of the dog or cat and, if the information is available, the condition of the dog or cat and the date by which the dog or cat may be safely spayed or neutered.
6. Proof that the dog is used for herding or guarding livestock on property designated for ranching.
7. Proof that the dog or cat is temporarily in this state for training, showing, competition or other lawful reason.
8. Proof that the dog is being trained or is providing services as a guide dog, signal dog or service dog.
9. Proof that the dog or cat is being trained or used for any of the purposes permitted by the united states animal welfare act (7 United States Code section 2131 through 2159) if the person in possession of the dog or cat is licensed by or registered with the united states secretary of agriculture pursuant to the animal welfare act.
10. A written agreement to allow one male dog and one female dog per household to produce a single litter of offspring within one year after issuance of the permit and:
(a) The dog has been examined by a licensed veterinarian and is following a preventive health care program recommended by the veterinarian.
(b) The owner has not been convicted of any state or local law involving the dog.
(c) The dog is not a biting animal as determined pursuant to section 11-1014.
(d) The dog is properly housed and cared for, including:
(i) Provision of a sufficient quantity of good and wholesome food and water.
(ii) Provision of clean shelter that allows the dog to stand up, turn around and lie down without lying in its feces.
(iii) Containment on the owner's property with proper exercise.
(e) The owner complies with all state and local laws concerning the housing and care of animals.
(f) The owner furnishes a signed statement agreeing to the following conditions:
(i) Offspring of the dog shall not be sold or adopted before eight weeks of age.
(ii) Records shall be kept of the number of offspring and the identity of the buyer or adopting person.
(iii) Before any sale or adoption, the dog shall receive a health examination by a licensed veterinarian and shall receive any preventive health care that is deemed necessary by the veterinarian.
(iv) Any advertisement for the sale or adoption of the offspring shall prominently display the dog's intact permit number.
(v) The owner provides proof that the dog has been spayed or neutered within thirty days after producing the offspring.
C. A permit issued pursuant to this section may be revoked if the county enforcement agent has reasonable cause to believe that the permittee has done any of the following:
1. Violated this article or any other state law or local ordinance relating to the sale, adoption, keeping care or use of any dog or cat.
2. Failed to comply with any condition or requirement of the permit.
3. Failed to pay any fee or penalty required by this section.
4. Refused to allow inspection, after at least a forty-eight hour written notice, of any dog or cat covered by the permit or of the premises on which the animal is kept.
5. Transferred, sold or otherwise disposed of the dog or cat for which the permit was issued without surrendering the permit.
D. If, after investigation, the county enforcement agent concludes that it is probable that one or more of the grounds for revocation in subsection c of this section have occurred, the agent shall provide written notice to the permittee of the grounds for possible revocation of the permit and shall specify a date and time for an informal hearing by the agent at least five days after the notice. After the hearing, the agent may modify the terms of the permit or revoke the permit. If the health or well-being of the dog or cat is in danger, the agent may take custody of the animal until after the hearing is concluded.
E. A person who violates this section has no more than thirty days to have the dog or cat spayed or neutered, provide proof from a veterinarian that arrangements have been made for spaying or neutering or obtain an intact permit. A person who does not comply with this section is subject to a five hundred dollar civil penalty for noncompliance. These civil penalties shall be deposited in the rabies and animal control fund. At the time a citation is issued, the citing authority shall provide the person being cited with information as to the availability of spaying and neutering services that are free or at a reduced cost.
A. f. 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.
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 exists that reasonably requires postponement of the surgery until the surgery can be performed in a safe and humane manner.
B. g. If subsection A f, paragraph 2 or 3 of this section applies, the adopting party shall sign an agreement to have the dog or cat spayed or neutered 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. h. If the adoption fee includes the cost of spaying or neutering, then no deposit is required. The amount of the deposit required by subsection B g 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.
D. i. Any deposit monies that are not refunded under subsection C h of this section shall be used only for the following purposes:
1. Spaying or neutering 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.
E. j. 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. k. For the purposes of this section, "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.
END