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A. The Town Enforcement Agent, upon determining that any animal within the Town limits is a “biting animal,” and is an immediate danger to the safety of any person or other animal, shall immediately impound the animal.

B. Within ten (10) days of the date of impoundment, the Town Magistrate shall conduct a hearing as described in this article.

C. The Oro Valley Magistrate Court, for good cause shown in a petition filed by the Town Prosecutor’s Office, shall order that an order to show cause hearing be held, at which time the owner shall appear and show cause why the animal should not be declared a biting animal and sanctions ordered.

D. The owner of the animal shall be notified of this hearing by the Court. Upon proof of such notification, such hearing may proceed in the owner’s absence.

E. Sanctions. Upon the declaration of an animal as a biting animal, a Town Magistrate may order one (1) or more of the following:

1. That the animal shall be kept in an enclosure that is high enough so that the animal cannot bite, harm, and/or injure anyone outside the enclosure; that the enclosure and property whereon it is located shall be posted with conspicuous warning signs; and that at no time shall the animal leave the enclosure unless it is muzzled, leashed and under the control of an adult human being; or

2. That the animal be banished from the Town limits of the Town of Oro Valley; or

3. That the animal be humanely destroyed; or

4. That the animal be spayed or neutered at the owner’s expense; or

5. Restitution up to one thousand dollars ($1,000) may be ordered made by the owner to the victim. This remedy shall not abridge any civil cause of action by the victim.

6. Defenses. It shall be an affirmative defense to this article if:

a. Provocation existed at the time of the bite; or

b. The dog is a police dog under the command of its trainer. ((O)08-22, 11/05/2008)