18-8-3 Impoundment and Orders to Show Cause.
A. Removal. If a peace officer and/or a Town Enforcement Agent issues a citation for Section 18-8-1, for a third offense, or subsequent excessive noise offense, or prior criminal conviction for the same animal(s) within a twelve (12) month period, and reasonably believes the animal(s) will continue to cause Section 18-8-1 violations, the peace officer and/or Town Enforcement Agent are authorized to seize and impound the animal(s) by removing them and placing them in the custody of Pima County Animal Control or a similar agency.
B. Costs. The custodian or owner of any animal removed and impounded shall be solely responsible for any impoundment, removal, boarding, veterinarian, destruction fees or any other costs associated with the removal, impoundment and care of the seized animal(s).
C. Hearing/Order to Show Cause.
1. Within ten (10) days of any impoundment described above, the custodian or owner of the animal(s) may file a petition in the Oro Valley Magistrate Court for an order to show cause why the animal(s) should not be returned to the custodian or owner pending the outcome of the complaint.
2. The Town Magistrate or hearing officer, upon a showing by preponderance of the evidence that reasonable grounds exist to believe the prohibited conduct will not continue, may order that the animal(s) be released by Pima County Animal Control or similar agency and returned to the custodian or owner pending the outcome of the complaint. The Magistrate shall set whatever release conditions as are necessary to alleviate the excessive noise problem the animal(s) allegedly caused.
3. If the custodian or owner is convicted of a third offense or subsequent offense for the same animal(s) over a period of twelve (12) months, and the custodian or owner fails to appear for hearing, sustain the burden at hearing, or fails to request a hearing, Pima County Animal Control or similar agency may place the animal(s) up for adoption or dispose of the animal in a humane manner.
4. If the custodian or owner is acquitted or the complaint is dismissed, the Pima County Animal Control Care Center or similar agency shall immediately return the animal(s) to the owner. ((O)19-03, 02/20/2019)