Sec. 4-1. Enforcement.
Any peace officer, or any county animal control officer, is hereby authorized and empowered to enforce the provisions of this chapter and to issue citations for violations thereof.

(1953 Code, ch. 4, § 10; Ord. No. 6043, § 1, 6-25-84)

Sec. 4-2. Interfering with enforcement officers; releasing impounded animals.
It shall be unlawful for any persons to interfere with any officer authorized to enforce this chapter in the performance of his duties, or to release any animal duly impounded, and any person guilty of such act shall be guilty of a misdemeanor.

(1953 Code, ch. 4, § 24)

Sec. 4-9. Definitions.
In this chapter, unless the context otherwise requires:
(a) Animal means any fowl, reptile, amphibian or mammal, except human beings.
(b) Fowl means a bird of any kind.
(c) Owner means any person owning, keeping, possessing, harboring, maintaining or having custody or otherwise having control of an animal.

(d) Wild animal means any animal which is now or historically has been found in the wild, or in the wild state. Wild state means living in its original, natural condition; not domesticated. Any hybrid cross resulting from the cross breeding between two (2) different species or types of animals, including crosses between wild animal species and domestic animals such as dog-wolf crosses, are considered wild animals.

(Ord. No. 4531, § 1, 6-28-76; Ord. No. 6043, § 4, 6-25-84; Ord. No. 8996, § 3, 12-8-97)

Sec. 4-10. Authority to remove and impound animals.
(a) A peace officer or a city enforcement agent is hereby authorized and empowered to remove and impound any animal in plain view, or pursuant to a valid search warrant if the officer has probable cause to believe any of the following:
(1) That an animal is in distress caused by mistreatment, tie-out, exposure to the elements, extremes of temperature, lack of adequate ventilation or drainage, lack of sanitation, deprivation of proper food or potable water, restraint, restriction of movement, confinement, lack of sufficient exercise space, constrictive gear, injury, illness, physical impairment or parasites; or
(2) That an animal's well-being is threatened by a dangerous condition or circumstance; and if he has reason to believe either:

a. That the distress of the animal or the dangerous condition or circumstance was caused or allowed to be caused by the willful act or omission or negligence of the owner; or
b. That it is likely the animal would be in distress from any cause, or its well-being would be threatened by any dangerous condition or circumstance if the owner retains ownership of the animal.

(Ord. No. 6043, § 5, 6-25-84; Ord. No. 8996, § 4, 12-8-97)

Sec. 4-11. Procedure to remove and forfeit animals; notice; order to show cause hearing; appeal.
The following procedures shall be followed by the city enforcement agent or a peace officer when any animal is removed or impounded pursuant to sections 4-7 and 4-10:
(a) If the owner is known, and unless the owner signs a statement permanently relinquishing ownership of the animal to the city enforcement agent, the owner shall be provided with a written notice of the city's intent to file, within ten (10) days of receipt of the notice, a written request with the magistrate or special magistrate for a hearing to determine if the animal should be returned to the owner or forfeited to the city enforcement agent. If the owner's whereabouts cannot be determined, notice shall be mailed to the owner at the owner's last known address by registered or certified mail, return receipt requested. The notice shall include the bond amount required pursuant to section 4-11(j). If not posted within ten (10) days of the notice, the animal shall be deemed forfeited.
(b) If the city files a written request for a hearing before the magistrate or special magistrate the hearing shall be set for a date not less than ten (10) not more than fifteen (15) working days after the request has been filed with Tucson City Court.
(c) If the owner fails to appear at the hearing, the magistrate or special magistrate shall order the animal forfeited to the city enforcement agent to be disposed of pursuant to section 4-12 of article I of this chapter.
(d) At the hearing, if the magistrate or special magistrate finds from a preponderance of the evidence either:

(1) That an animal was in distress caused by mistreatment, tie-out, exposure to the elements, extremes of temperature, lack of adequate ventilation or drainage, lack of sanitation, deprivation of proper food or potable water, restraint, restriction of movement, confinement, lack of sufficient exercise space, constrictive gear, injury, illness, physical impairment or parasites; or
(2) That the well-being of the animal was threatened by a dangerous condition or circumstance; and either:
(3) That the distress of the animal or dangerous condition or circumstances was caused or allowed to be caused by the willful act or omission or negligence of the owner; or
(4) That it is likely the animal would be in distress from any cause, or its well being would be threatened by any dangerous condition or circumstance if the owner retains ownership of the animal;

(e) At the hearing, if the magistrate or special magistrate finds that an animal is dangerous or vicious or destructive, and is a danger to the safety of any person or other animal, then the magistrate or special magistrate shall order the owner to do one (1) or more of the following:

(1) That the animal shall be spayed or neutered by a licensed veterinarian at the owner's expense and that the owner of the animal shall comply with the provisions of minor sections 4-13(4), (5) and (6); or
(2) That the animal be banished from the city limits after first being spayed or neutered by a licensed veterinarian at the owner's expense; the animal may be forfeited to the city enforcement agent or the owner shall provide a certificate of spaying or neutering from a licensed veterinarian to the city enforcement agent within the time given by the court to ensure that the humane destruction of the animal or the spaying or neutering of the animal before banishment; or
(3) That the animal be humanely destroyed.

(Ord. No. 6044, § 1, 6-25-84; Ord. No. 6197, § 1, 3-11-85; Ord. No. 8996, § 5, 12-8-97)

Sec. 4-25. Keeping wild animals.
It shall be unlawful for any person having charge, care of or control of any wild animal, by nature dangerous or vicious, to keep, bring, maintain or exhibit such animal within the city, unless the animal be confined in a cage or enclosure adequate to prevent its escape and prevent any access to it by any non-authorized person. Any person keeping, bringing, maintaining or exhibiting any such animal within the city without the same being confined as above recited shall be deemed guilty of a misdemeanor.

(1953 Code, ch. 4, § 27; Ord. No. 8996, § 7, 12-8-97)
 

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