Sec. 8-3.09. Animal hoarding; exception.
A. A person commits animal hoarding if a person owns, possesses, keeps, harbors, or maintains ten or more animals under circumstances injurious to the health or welfare of any animal or person. These circumstances may include: abandonment; unsanitary, overcrowded, or other inhumane conditions; failure to provide appropriate medical care; or failure to provide suitable water or food for the species.
B. Subsection A of this section excludes feral cats. A feral cat is a cat that is not domesticated or has become wild or is a free-roaming cat.
C. Penalty:
1. A violation of subsection A of this section is a Class 1 misdemeanor.
2. The Court shall order a person convicted of violating subsection A of this section to complete a Court-approved mental health evaluation and any recommended treatment at the convicted person’s expense.
3. The Court shall order the convicted person to pay restitution to the City and to any person or agency who has contracted with the City to care for an animal that is seized and impounded under this chapter, or as otherwise authorized by law, for the cost of care for the animal from the time of seizure or impoundment to the time of conviction.
4. In addition to any other penalties allowed by law, if a person is placed on probation, the Court may:
a. Order the person to submit to periodic property inspections by law enforcement.
b. Prohibit the person from owning, possessing, keeping, harboring or maintaining any animals.
D. For the purposes of this section:
1. Animal means a mammal, bird, reptile or amphibian, but excludes rodents, which may be controlled as otherwise allowed by the law of the State of Arizona. The exclusion of rodents from the definition of animal shall not apply to rodents classified as fur-bearing animals as defined in Section 17-101, Arizona Revised Statutes, or to any particular rodent known by the person alleged to have violated this section to be kept as a pet or any rodent clearly marked and denominated as being a pet, such as rodents wearing collars or harnesses.
2. Cost of care means any expense related to the care and treatment of a seized or forfeited animal, in accordance with Section 8-3, 8-3.01, 8-3.02, or 8-3.03, including but not limited to housing, feeding, and veterinary care. (Ord. No. G-6225, 2016)