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Tucson, Arizona, United States
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Friday, December 9, 2011

The Law & Your Pets

by Ted Schmidt, Kinerk Schmidt & Sethi





We are frequently asked about the legal obligations of dog owners here in Pima County. Here are the topics that seem to be of most interest.


Leash Laws


Pima county code (sec. 6.04.030), requires dogs on public or private property to either be in an enclosure (like a fenced back yard) or on a leash. The penalty for this Class 2 misdemeanor can include a fine of between $100 and $750; up to four months in jail; and/or two years’ probation.


So, if your dog is not fenced at home, keep it on a leash a all times. If your dog is found at large, it may be impounded by Pima Animal Care and

you may be charged for the costs of pickup, impoundment and even microchipping of your pet. Impoundment fees can range from $75 to $125 for the first impoundment to $125 to $200 for subsequent impoundments. You also may be charged $15 to $60 per day in boarding fees.


Barking Dogs


What about barking dogs? County ordinance, section 6.04.160 provides that those who own any animal or bird which frequently or for continuous duration howls, barks, meows, squawks or makes other sounds clearly audible beyond the property line of the property on which they are conducted are prohibited if they disturb the public peace, quiet or comfort of the neighboring inhabitants.


Who do you call if you become aware of such a violation?

Pima County Sheriff’s Department (520) 351-4900.

Enforcement division of the Pima Animal Care Center (520) 243-5900.


Dog Crap


What about cleaning up after your pet? We all know it’s the “right” thing to do; but are you breaking any laws if you don’t do it? The short answer is “yes.” Cleaning up after your dog is required by county ordinance (Code, 6.04.030). It is a misdemeanor for a person walking a dog to fail “immediately” to “remove and dispose of in a sanitary manner” any dog poop deposited on public or private property. Penalties may include a fine of between $100 and $500; up to 30 days in jail; and/or one year probation.


Dog Bites


In Arizona by statute, dogs do not get "one free bite;" owners are held strictly liable for injuries caused by their dogs' actions and liability is imposed without regard to an owner's knowledge of the dog's viciousness (ARS, sec. 11-1025). The only defense when your dog bites another person is to prove the person bit provoked the dog.


Licensing & Vaccinating


Any dogs older than 3 years must be vaccinated against rabies and licensed. Upon moving to Pima County, a new resident has 30 days to comply with these requirements. Fees range from $10 for a disabled or senior citizen owner to $60 for an unaltered (not spayed or neutered) dog. The owner of a dog who fails to obtain a license is guilty of a Class 2 misdemeanor.


Shadow Hills CC&Rs


The Shadow Hills CC&Rs make only passing mention of pets. Specifically, Article IV—Use Restrictions, Item 20”Animals And Pets.” Prohibits stabling horse or other animal, bird or fowl other than “customary domesticated household pets” are allowed and no household may have more than “two dogs and/or cats more than ten weeks old.”