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REFERENCE TITLE: animal seizure; notification; bond; offense |
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State of Arizona Senate Fifty-sixth Legislature Second Regular Session 2024
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SB 1204 |
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Introduced by Senator Kavanagh: Representative Shah
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An Act
amending section 13-4281, Arizona Revised Statutes; relating to the authority to seize animals.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 13-4281, Arizona Revised Statutes, is amended to read:
13-4281. Animal seizure; notification; forfeiture; bond; hearing; exceptions; animal care fees; classification; definition
A. A peace officer, county enforcement agent or animal control officer may seize and impound an animal pursuant to this section as follows:
1. for a violation of section 13-2910.
2. Pursuant to a search warrant or other court process.
3. If the peace officer, county enforcement agent or animal CONTROL officer has reasonable grounds to believe any of the following:
(a) The animal is in distress caused by mistreatment, lack of proper food or potable water, lack of medical treatment, injury, illness, physical impairment or parasites.
(b) The animal's well-being is threatened by a dangerous condition or circumstance.
(c) The seizure is necessary to protect the health or safety of the animal or another animal.
(d) The animal is vicious and may be a danger to the safety of any person or other animal.
A. B. A peace officer, county enforcement agent or animal control officer who lawfully seizes an animal pursuant to this section 13-2910 shall affix a notice of seizure in a conspicuous place where the animal was found or personally deliver the notice of seizure to the owner or keeper of the animal, if known or ascertainable after reasonable investigation. The officer or agent shall file proof of service with the court. If it is determined that the suffering of the animal does not require humane destruction euthanasia, the notice shall include the following:
1. The name, business address and telephone number of the person providing the notice.
2. A description of the seized animal, including any identification on the animal.
3. The authority and purpose for the seizure, including the time, place and circumstance under which the animal was seized.
4. A statement that in order to receive a postseizure hearing the owner or person authorized to keep the animal, or the owner owner's or person's agent, shall request the hearing by signing and returning to the court an enclosed declaration of ownership or right to keep the animal within ten days, including weekends and holidays, after the date of the notice.
5. A statement that the owner is responsible for the cost of care veterinary, impound and board fees for an animal that was properly seized and that the owner is required to post a bond in the amount of twenty-five dollars $500 per animal with the court to defray the cost of care veterinary, impound and board fees for the animal.
6. A warning that if the owner fails to post a bond within ten days after the seizure, the animal will be deemed abandoned and become the property of the seizing agency.
B. C. On receipt of a declaration of ownership and postseizure hearing request, the justice of the peace or city magistrate shall set a hearing date within fifteen business days. At the hearing, the seizing agency shall have the burden of establishing by a preponderance of evidence that the animal was subjected to cruel mistreatment, cruel neglect or abandonment in violation of section 13-2910 or will suffer needlessly if humane destruction is delayed lawfully seized pursuant to this section. The formal rules of evidence do not apply and reliable hearsay is admissible in the postseizure hearing. On this finding, the court may terminate the owner's rights in the animal, and transfer the rights to the seizing agency or a designated animal care agency and shall forfeit the bond to pay the expenses incurred for the housing, care and necessary medical treatment of the animal and shall transfer the rights to the seizing agency or a designated animal care agency or shall place the animal for adoption through a county animal care and control agency, an animal welfare organization, an animal shelter or a suitable home or shall humanely euthanize the animal if a VETERINARIAN or the court finds that the animal will suffer needlessly if humane EUTHANASIA is delayed. If at the conclusion of the hearing the animal is not forfeited under this section, the court shall order the bond exonerated and returned to the owner.
C. D. If the owner or person authorized to keep the animal signs a statement relinquishing ownership of the animal, fails to post bond as prescribed by subsection A B, paragraph 5 of this section, fails to request a hearing or fails to attend a scheduled hearing, the animal is deemed abandoned and all rights of the owner in the animal are transferred to the seizing agency.
D. E. This section does not apply to any of the following:
1. Activities permitted by or pursuant to title 3.
2. The seizure of an equine pursuant to section 3-1721.
3. A city, town or county that adopts or has adopted an ordinance or resolution providing for bonding and forfeiture of an animal that has suffered cruel mistreatment or cruel neglect if the ordinance or resolution imposes requirements that are equal to or more stringent than this section.
F. The seizing agency may contract with a person, agency or shelter, including a volunteer, to house, care for and provide necessary medical treatment for an animal that has been seized and impounded pursuant to this section.
g. The civil procedures and remedies under this section:
1. Do not require or preclude other enforcement actions on the same facts, including a criminal prosecution of the owner.
2. Are remedial and not punitive and are not precluded by an acquittal or conviction in a criminal proceeding.
h. If the owner appeals an order of the court, the owner must post a bond that is equivalent to sixty days of impoundment costs. At the conclusion of the seizure hearing, the court shall provide the owner with a notice of the amount due.
i. Unless good cause is shown, the owner is responsible for all veterinary, impound and board fees that result from the animal's impoundment until a final decision is made by the court, including the pendency of an appeal. The owner is not responsible for any fees if the owner prevails at the postseizure hearing or ultimately on appeal.
j. A person who interferes with an officer or agent in the performance of the officer's or agent's duties while enforcing this section or who releases any animal that is duly seized or impounded, or both, pursuant to this section is guilty of a class 1 misdemeanor.
k. for the purposes of this section, "vicious" means an animal that the OWNER knows or has reason to know has a history of biting or a PROPENSITY to cause injury or to otherwise endanger the safety of a human being or other animal without provocation.