11-1029 - Arizona Statutes

11-1029. Hearing on disposition of abused and vicious animals; forfeiture; exception A. A peace officer, county enforcement agent or peace officer who has responsibility for animal control in a municipality who has impounded an animal pursuant to section 11-1014 or 13-2910, on a showing of probable cause that the animal has been cruelly mistreated or cruelly neglected or that the animal is vicious or may be a danger to the safety of any person or other animal, may request a disposition hearing before a justice of the peace or city magistrate to determine whether the animal has suffered cruel mistreatment or cruel neglect as defined in section 13-2910 or is vicious. The hearing shall be set within fifteen business days after the request has been filed. B. The officer or agent who has requested a hearing under subsection A of this section shall serve the order on the owner of the animal either by personal service on the owner or by leaving a copy of the order with a person of suitable discretion at the owner's residence or place of business. Proof of service shall be filed with the court. If the owner fails to appear at the hearing or if the justice of the peace or city magistrate determines that the animal is being cruelly mistreated or cruelly neglected or determines the animal is vicious, the justice of the peace or city magistrate may order the animal forfeited to the officer or agent to be made available for adoption or for transfer to a legally incorporated humane society or approved rescue agency or humanely destroyed. The owner shall pay impound fees and any other costs for boarding or necessary veterinary care. C. This section does not apply to the seizure of an equine pursuant to section 3-1721 or to a city, town or county that adopts or has adopted an ordinance or resolution providing for the forfeiture of an animal that has suffered cruel mistreatment or cruel neglect.