13-2910

13-2910. Cruelty to animals; interference with
working or service animal; classification; definitions

A. A person commits cruelty to animals if the person does any of the following:

1. Intentionally, knowingly or recklessly subjects any animal under the person's
custody or control to cruel neglect or abandonment.

2. Intentionally, knowingly or recklessly fails to provide medical attention
necessary to prevent protracted suffering to any animal under the person's custody or
control.

3. Intentionally, knowingly or recklessly inflicts unnecessary physical injury to
any animal.

4. Recklessly subjects any animal to cruel mistreatment.

5. Intentionally, knowingly or recklessly kills any animal under the custody or
control of another person without either legal privilege or consent of the owner.

6. Recklessly interferes with, kills or harms a working or service animal without
either legal privilege or consent of the owner.

7. Intentionally, knowingly or recklessly leaves an animal unattended and confined
in a motor vehicle and physical injury to or death of the animal is likely to result.

8. Intentionally or knowingly subjects any animal under the person's custody or
control to cruel neglect or abandonment that results in serious physical injury to the
animal.

9. Intentionally or knowingly subjects any animal to cruel mistreatment.

10. Intentionally or knowingly interferes with, kills or harms a working or service
animal without either legal privilege or consent of the owner.

11. Intentionally or knowingly allows any dog that is under the person's custody or
control to interfere with, kill or cause physical injury to a service animal.

12. Recklessly allows any dog that is under the person's custody or control to
interfere with, kill or cause physical injury to a service animal.

13. Intentionally or knowingly obtains or exerts unauthorized control over a service
animal with the intent to deprive the service animal handler of the service animal.

B. It is a defense to subsection A of this section if:

1. Any person exposes poison to be taken by a dog that has killed or wounded
livestock or poison to be taken by predatory animals on premises owned, leased or
controlled by the person for the purpose of protecting the person or the person's
livestock or poultry, and the treated property is kept posted by the person who
authorized or performed the treatment until the poison has been removed, and the poison
is removed by the person exposing the poison after the threat to the person, or the
person's livestock or poultry has ceased to exist. The posting required shall provide
adequate warning to persons who enter the property by the point or points of normal
entry. The warning notice that is posted shall be readable at a distance of fifty feet,
shall contain a poison statement and symbol and shall state the word "danger" or
"warning".

2. Any person uses poisons in and immediately around buildings owned, leased or
controlled by the person for the purpose of controlling wild and domestic rodents as
otherwise allowed by the laws of the state, excluding any fur-bearing animals as defined
in section 17-101.

C. This section does not prohibit or restrict:

1. The taking of wildlife or other activities permitted by or pursuant to title 17.

2. Activities permitted by or pursuant to title 3.

3. Activities regulated by the Arizona game and fish department or the Arizona
department of agriculture.

D. A peace officer, animal control enforcement agent or animal control enforcement
deputy may use reasonable force to open a vehicle to rescue an animal if the animal is
left in the vehicle as prescribed in subsection A, paragraph 7 of this section.

E. A person who is convicted of a violation of subsection A, paragraph 6 or 10 of
this section is liable as follows:

1. If the working or service animal was killed or disabled, to the owner or agency
that owns the working or service animal and that employs the handler or to the owner or
handler for the replacement and training costs of the working or service animal and for
any veterinary bills.

2. To the owner or agency that owns a working or service animal for the salary of
the handler for the period of time that the handler's services are lost to the owner or
agency.

3. To the owner for the owner's contractual losses with the agency.

F. An incorporated city or town or a county may adopt an ordinance with misdemeanor
provisions at least as stringent as the misdemeanor provisions of this section.

G. A person who violates subsection A, paragraph 1, 2, 3, 4, 5, 6, 7 or 12 of this
section is guilty of a class 1 misdemeanor. A person who violates subsection A, paragraph
8, 9, 10, 11 or 13 of this section is guilty of a class 6 felony.

H. For the purposes of this section:

1. "Animal" means a mammal, bird, reptile or amphibian.

2. "Cruel mistreatment" means to torture or otherwise inflict unnecessary serious
physical injury upon an animal or to kill an animal in a manner that causes protracted
suffering to the animal.

3. "Cruel neglect" means to fail to provide an animal with necessary food, water or
shelter.

4. "Handler" means a law enforcement officer or any other person who has
successfully completed a course of training prescribed by the person's agency or the
service animal owner and who used a specially trained animal under the direction of the
person's agency or the service animal owner.

5. "Service animal" means an animal that has completed a formal training program,
that assists its owner in one or more daily living tasks that are associated with a
productive lifestyle and that is trained to not pose a danger to the health and safety of
the general public.

6. "Working animal" means a horse or dog that is used by a law enforcement agency,
that is specially trained for law enforcement work and that is under the control of a
handler.