ARIZONA STATE SENATE
Phoenix, Arizona
county pounds; procedures;
article renumbering
Purpose
Divides statute into
separate articles for animal control and for the handling of animals.
Background
The sections of statute relating to animal control and the handling of animals were, until 1990, separated in various places in the Arizona Revised Statutes. Laws 1990, Chapter 374 combined these various sections into one section of law (Title 11, Chapter 7, Article 6). One section that was transferred exempts incorporated cities or towns from certain statutory requirements relating to animal control as long as the city or town imposes, by ordinance, a license fee and vaccination on dogs that is equal to or more stringent than what is required by statute. Counties are also exempted from various animal control statutory requirements if the county regulates, by ordinance, the running of large dogs in the unincorporated areas of the county if the ordinance is equal to or more stringent than what is required by statute.
An unintended consequence of combining all sections of statute relating to the handling of animals and animal control resulted when it was recognized that exempting cities, towns and counties from some requirements, exempted cities, towns and counties from all animal control and the handling of animals requirements. Combining the different sections of statute exempted cities, towns and counties from the requirements relating to the use of guide dogs for the visually or audibly impaired and physically handicapped and from current laws regarding the proper care, sterilization, maintenance and destruction of impounded animals and liability for dog bites.
H.B. 2678 creates a new article 6.1, for the handling of animals. This will allow the exemption for cities, towns and counties for animal control requirements, but not for the handling of animals requirements.
There is no anticipated fiscal impact to the state general fund associated with this legislation.
Provisions
1. Creates a new article for the handling of animals under the county title by transferring sections regarding the proper care, maintenance and destruction of impounded animals, sterilization of impounded dogs and cats, the unauthorized release of animals, dog guides and service dogs, liability for dog bites, lawful presence of private property and provocation as defense.
2. Applies the definitions for animal control to the handling of animals section unless the context requires otherwise.
3. Provides for a general effective date.
House Action
CM 3/19/02 DP 8-0-0-2
3rd Read 4/2/02 44-11-5
Prepared by Senate Staff
April 18, 2002