Sec. 8-3.01. Seizure of animals subjected to cruelty; cost of care.
A. An animal subject to forfeiture under Section 8-3 may be seized:
1. By a Peace Officer on process issued pursuant to the provisions of title 13, Arizona Revised Statutes, including a search warrant.
2. By a Peace Officer upon reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety of other animals. When a Peace Officer determines that prompt action is required under this paragraph, the officer shall immediately seize the animal and the Police Department and the Court shall comply with the postseizure hearing requirements of Section 8-3.02A.
B. In all cases where there is not a prior judicial determination of probable cause and the need for immediate seizure is not present as provided in paragraph A(2) above, the Police Department shall provide the owner or keeper of the animal with the opportunity for a hearing pursuant to Section 8-3.02B. prior to any seizure or impoundment of the animal.
C. Nothing in this section shall be construed to prohibit the City, after seizure of an animal by a Peace Officer, from taking possession of and keeping the animal when the City deems the animal to be of evidentiary value in any criminal prosecution relating to the condition of the animal. If the City intends to take possession of and retain an animal as evidence in any criminal prosecution, the City shall promptly provide written notice to the Police Department.
D. The City may contract with any person or agency, including volunteers, to care for an animal that is seized and impounded for evidentiary purposes or pursuant to other provisions of this section.
E. The City shall be responsible for the cost of care incurred for a seized or impounded animal, if any of the following occur:
1. The City causes the animal to be seized or held for evidentiary purposes.
2. The Court determines in a postseizure hearing held under Section 8-3.02, that the seizing officer did not have reasonable grounds to believe very prompt action, including seizure of the animal, was required to protect the health or safety of the animal or the health or safety of other animals.
3. The owner’s interest in the animal is not forfeited pursuant to Section 8-3 or 8-3.03
F. Except as provided in subsection E, the owner of an animal properly seized and impounded under this section is liable for the cost of care for the animal. Unless the seizure or impoundment of an animal is for evidentiary purposes, supported by a written notice of intent as required by subsection C, or the Court determines at a postseizure hearing that the seizure or impoundment was not justified, the owner shall post with the Court a bond in the form of cash or a surety’s undertaking to defray some of the cost of care for the animal. The bond shall be in the amount of five hundred dollars per animal seized or impounded. The owner shall post the bond within ten days of the date of the notice provided under Section 8-3.02A.(1) or within five days after the conclusion of the preseizure or postseizure hearing, whichever is later, excluding weekends and City holidays. If the owner fails to post the bond within the specified time, the owner shall be deemed to have abandoned the animal. The City may dispose of the abandoned animal as authorized in this Ordinance.
G. Upon forfeiture of an animal, the Court shall forfeit the bond to pay the cost of care incurred for the animal. If the bond exceeds cost of care, the Court shall exonerate the bond amount and order the security returned to the owner only to the extent the bond exceeds the cost of care incurred for the animal. If at the conclusion of the case, the animal is not forfeited under Section 8-3 or 8-3.03 the Court shall order the bond exonerated and the security returned to the owner minus cost of care incurred for the animal. (Ord. No. G-4388, § 3, 2001; Ord. No. G-4417, § 1, 2002; Ord. No. G-5445, § 1, 2009)