18-5-6 Order to Show Cause – Abandonment/Cruelty/Failure to Render Aid/Neglect.
A. Impoundment/Criminal Violation. If a peace officer and/or Town Enforcement Agent issue a citation for a violation of this article and/or pursuant to Arizona Revised Statutes § 13-2910, and reasonably believe the violation will continue, the Town Enforcement Agent and/or peace officer are authorized to remove and impound the animal.
B. Impoundment/Exigent Circumstances. The Town Enforcement Agent and/or peace officer are authorized and empowered to remove and impound any animal in plain view that is suffering from immediate life-threatening exigent circumstances.
C. Costs. The owner of any animal removed and impounded under the provisions of this article shall be solely responsible for any impoundment, boarding and/or veterinarian fees incurred in connection herewith.
D. Hearing.
1. Within ten (10) days of any animal’s impoundment, the owner of the animal may file a petition in Oro Valley Magistrate Court for an order to show cause why the animal should not be returned to the owner pending the outcome of the complaint.
2. The Town Magistrate, upon hearing the order to show cause and finding by a preponderance of the evidence that there are reasonable grounds to believe that the prohibited treatment of the animal will continue and/or that the owner willfully or through gross negligence caused and/or allowed the animal to be caused pain, suffering or serious injury, shall order the animal to be retained by the Pima Animal Care Center pending the outcome of the complaint.
3. If the owner fails to appear at the order to show cause hearing and/or if no petition is filed within ten (10) days, the Pima Animal Care Center may place the animal up for adoption or dispose of the animal as humanely as possible. ((O)08-22, 11/05/2008)