ARIZONA STATE SENATE
Phoenix, Arizona
Allows a justice of the
peace or city magistrate to require additional procedures and processes
regarding the disposition of a vicious animal.
The handling and destruction
of an animal that exposes its saliva or bites a person is the responsibility of
each county in Arizona. Pursuant to statute, these animals are contained in a
county pound for the confinement, maintenance and safekeeping or, if requested,
a veterinary hospital.
Statute defines a “vicious
animal” as any animal of the order carnivora that has a propensity to attack,
to cause injury to or to otherwise endanger the safety of human beings without
provocation or that has been so declared after a hearing before a justice of
the peace or a city magistrate.
The issuing of orders to the
county enforcement agent for destroying vicious animals is the responsibility
of the city magistrate if the animal is within an incorporated area or a
justice of the peace if the animal is in an unincorporated area. Any animal destroyed in a county pound is
destroyed by the use of sodium pentobarbital, nitrogen gas or T-61 euthanasia.
Currently state statute
allows a justice of the peace or city magistrate to issue an order for the
destruction of a vicious animal after the owner of the animal has been
notified. This bill requires the alleged victim to be notified of an order to
destroy the vicious animal and gives a justice of the peace or city magistrate
more latitude on the fate of the animal.
There is no fiscal impact to
the state general fund associated with this legislation.
1. Allows a justice of the peace or city magistrate to impose additional procedures and processes to protect all parties in the interests of justice.
2. Requires that the alleged victim receive notice regarding an order to destroy the vicious animal.
3. Allows any decision made by a justice of the peace or city magistrate to be appealed to the superior court.
4. Requires the owner of the animal to be responsible for any fees incurred by the enforcement agent regarding the impounding, sheltering and disposing of a vicious animal.
5. Makes technical changes.
6. Provides for a general effective date.
Amendments
Adopted by Committee
· Requires the owner of a vicious animal to be responsible for any fees incurred by the enforcement agent for the impounding, sheltering and disposing of the vicious animal.
Senate Action
GOV 3/15/02 DPA 4-0-2
Prepared by Senate Staff
March 18, 2002