§ 4-39. Dogs not permitted at large; wearing licenses; penalties.

(a)

Leash as used in this article means a chain, rope or strap, made of leather, fabric or other material, that is: (i) not more than six (6) feet in length; (ii) capable of being fastened to a collar or harness of a dog and used to lead, restrain and control the dog; and (iii) of sufficient strength for those purposes. Except as otherwise expressly provided in this article, dogs that are upon public streets, public parks or public property and that are not in compliance with this section, shall be considered at large.

(b)

All dogs over the age of three (3) months, except as expressly provided in this article, shall wear a collar or harness to which is attached a valid license tag, at all times when the dog is off the premises of its owner. Dogs used for control of livestock or while being used or trained for hunting or dogs while being exhibited or trained at a kennel club event or dogs while engaged in races approved by the Arizona Racing Commission, and such dogs while being transported to and from such events, need not wear a collar or harness with a valid license attached provided that they are properly vaccinated, licensed and controlled.

(c)

No dog shall be permitted at large. Each dog shall be confined within an enclosure on the owner's property, secured so that the dog is confined entirely to the owner's property, or on a leash not to exceed six (6) feet in length and directly under the owner's physical control when not on the owner's property.

(d)

Any dog over the age of three (3) months on or off the premises of owner and not under physical control of the owner or persons acting for the owner, or any dog not in a suitable enclosure which actually confines the dog, shall wear a collar or harness to which is attached a valid license tag. Any dog over the age of three months on the premises of the owner and either confined or under the physical control of the owner or persons acting for the owner need not wear a collar or harness with a valid license attached provided that they are properly vaccinated, licensed and in compliance with all sections of this ordinance. Dogs used for control of livestock or while being used or trained for hunting or dogs while being exhibited or trained at a kennel club event or dogs while engaged in races approved by the Arizona Racing Commission, and such dogs while being transported to and from such events, need not wear a collar or harness with a valid license attached provided that they are properly vaccinated, licensed and controlled.

(e)

If any dog is at large on the public streets or public property, then said dog's owner or persons acting for the owner is in violation of this ordinance.

(f)

If any dog is at large on the public parks or school property, then said dog's owner or persons acting for the owner is in violation of this ordinance.

(g)

If any female dog during her breeding or mating season or any vicious dog is at large, then said dog's owner or persons acting for the owner is in violation of this ordinance.

(h)

In a rabies quarantine area, no dog shall be at large.

(i)

Any owner or persons acting for the owner who allows a dog to run at large as defined above shall be considered in violation of this ordinance unless one of the following four exceptions applies:

(1)

A dog is not at large if said dog is restrained by a leash of not more than six (6) feet in length and of sufficient strength to control action of said dog.

(2)

If said dog is used for control of livestock or while being used or trained for hunting or being exhibited or trained at a kennel club event or while engaged in races approved by the Arizona Racing Commission.

(3)

While said dog is actively engaged in a dog obedience training class and accompanied by and under the control of his owner or persons acting for the owner or trainer as specified in section (j) below.

(4)

If said dog, whether on or off the premises of the owner or persons acting for the owner, is controlled as provided in regulation (f)(1) of this ordinance, or is within a suitable enclosure which actually confines the dog.

(j)

The owner or persons acting for the owner of a dog is responsible for the acts and conduct of the dog at all times when the dog is in a public park. All dogs three (3) months of age or older in or upon the premises of a public park must be currently licensed and shall wear a collar and durable valid license tag as provided by this ordinance.

(k)

The owner or persons acting for the owner of a dog must restrain and control the dog at all times when in a public park by securing the dog with a leash of not more than six (6) feet, except when the dog is in an enclosed area within the park, which has been designated by a municipality as a dog exercise area.

(l)

At all times when a dog is off leash in a designated dog exercise area as provided in above, the dog must be accompanied by and under the control of the owner or persons acting for the owner. Additionally, the owner or persons acting for the owner must at all such times, have a leash of not more than six (6) feet in length in his or her possession.

(m)

At all times when a dog is off leash and participating in a dog show, exhibition or obedience class as provided in section (f) above:

(1)

The dog must be accompanied by and under the control of its owner or persons acting for the owner or trainer or handler, who must at all times have a leash in his or her possession; and

(2)

The owner or persons acting for the owner, trainer, handler or authorized representative of a club or organization to whom a permit has been issued, shall have the permit on their person at all times and shall present the permit for inspection upon request, to any police officer, authorized member of the public parks staff or the enforcement agent.

(n)

Any dog at large shall be apprehended and impounded by the enforcement agent.

(1)

Said agent shall have the right to enter upon private property when it is necessary to do so in order to apprehend any dog that has been running at large. Such entrance upon private property shall be in reasonable pursuit of such dog and shall not include entry into a domicile or enclosure which confines a dog unless it be at the invitation of the occupant.

(2)

Said agent may issue a citation(s) to the dog owner or person acting for the owner when the dog is at large. The procedure of the issuance of notice to appear shall be as provided for peace officers in A.R.S. Section 13-3903, except the county enforcement agent shall not make an arrest before issuing the notice. the issuance of citation(s) pursuant to this ordinance shall be subject to the provisions of A.R.S. Section 13-3899.

(3)

A violation of this section is a class 3 misdemeanor.

(4)

In the judgment of the enforcement agent, if any dog at large or other animal that is dangerous or fierce and a threat to human safety cannot be safely impounded, it may be slain.

(Code 1972, § 4-108; Ord. No. 1826, § 1, 9-16-85; Ord. No. 3190, § 3, 4-19-99; Ord. No. 3535, § 1, 11-17-03)

State law reference

Dogs at large, A.R.S. § 11-1012.