REFERENCE TITLE: kennel permits; microchip requirement

 

 

 

 

State of Arizona

House of Representatives

Forty-ninth Legislature

Second Regular Session

2010

 

 

HB 2779

 

Introduced by

Representatives Young Wright, Sinema, Tovar: Ableser, Bradley, Campbell CL, Chabin, Farley, Heinz, Waters

 

 

AN ACT

 

amending section 11‑1009, Arizona Revised Statutes; relating to animal control.

 

 

(TEXT OF BILL BEGINS ON NEXT PAGE)

 



Be it enacted by the Legislature of the State of Arizona:

Section 1.  Section 11-1009, Arizona Revised Statutes, is amended to read:

START_STATUTE11-1009.  Kennel permit; fee; denial; microchip requirement; fees; inspection; violation; classification

A.  A person operating a kennel shall obtain a permit issued by the board of supervisors of the county where the kennel is located except if each individual dog is licensed.

B.  The annual fee for the kennel permit is seventy‑five dollars or the actual cost of recovery as determined by the board of supervisors.

C.  A dog remaining within the kennel is not required to be licensed individually under section 11‑1008.  A dog leaving the controlled kennel conditions shall be licensed under section 11‑1008 except if the dog is only being transported to another kennel that has a permit issued under this section.

D.  Before a kennel permit is issued, the person operating the kennel must implant a microchip in each dog that is three months of age or older and that remains in the kennel.  During the permit period, the person operating the kennel must implant a microchip in each dog remaining in the kennel within thirty days after the dog reaches the age of three months or within thirty days after the dog arrives in the kennel. 

E.  On receipt of a kennel permit application, the county enforcement agent may scan each dog in the kennel to verify that a microchip has been implanted in each dog that is required to be implanted with a microchip.  A person operating a kennel who fails to implant a microchip in each dog as required by this section shall pay a penalty fee of not more than fifty dollars for each subsequent inspection or visit that is necessary to verify that a microchip has been implanted in each dog as required by this section.

F.  If the county enforcement agent determines that a dog has not been implanted with a microchip as required by this section, the county enforcement agent may implant a microchip in that dog.  The county may charge the kennel permit applicant or permittee a fee for microchip implanting services not to exceed the actual cost of the services. 

G.  Subsections D, E and F of this section do not apply to a publicly operated or private, charitable nonprofit pound, humane society or animal rescue organization.

D.  H.  A person who fails to obtain a kennel permit under this section is subject to a penalty of twenty‑five dollars in addition to the annual fee.

E.  I.  The county shall deny a kennel permit to any person who has been convicted of a violation of section 13‑2910 or 13‑2910.01 or any other state, county or municipal animal welfare law, except violations of license and leash laws.

F.  J.  A person who operates a kennel that houses fewer than twenty dogs may be subject to an inspection by the county enforcement agent during regular business hours if the county enforcement agent has received a citizen or law enforcement complaint in writing that alleges the person committed an act in violation of section 13‑2910 or 13‑2910.01.  A person who operates a kennel that houses twenty dogs or more shall allow inspections of the kennel by the county enforcement agent as a condition of receiving a kennel permit. This subsection does not apply to any kennel that houses dogs that are being used or trained for hunting.

G.  K.  A person who knowingly fails to obtain a kennel permit within thirty days after written notification from the county enforcement agent is guilty of a class 2 misdemeanor. END_STATUTE