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ORDINANCE NO. 5146
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHANDLER,
ARIZONA, AMENDING THE CODE OF THE CITY OF CHANDLER,
CHAPTER 14, ARTICLE IV, SECTIONS 14-39, 14-40, AND 14-41; PROVIDING
FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING
FOR SEVERABILITY.
WHEREAS, it has become necessary and appropriate to amend Chapter 14, Article IV, Sections
14-39, 14-40, and 14-41 of the Code of the City of Chandler, which address animal cruelty, seizure
and forfeiture of animals subject to cruelty, and disposition of displaced animals within the City of
Chandler; and
WHEREAS, the Arizona Legislature recently adopted an amendment to A.R.S. § 13-4281
increasing the bond amount that must be posted with the court by an owner of a seized animal
requesting a post-seizure hearing, raising the bond from $25.00 to $500.00 per animal to defray
the cost of care, which bond shall be returned to the owner if, at the conclusion of the hearing, the
animal is not forfeited; and
WHEREAS, in order to protect due process rights and to provide clear guidance to owners, the
court, law enforcement officers, and animal care personnel, it is necessary to establish a reasonable
time for the court to continue a post-seizure hearing for good cause and a timeframe for filing a
notice of appeal.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Chandler, Arizona,
as follows:
Section 1.
That Chapter 14, Article IV, of the Code of the City of Chandler is hereby amended
by amending Sections 14-39, 14-40, and 14-41 of said chapter and article to read
as follows (additions in BOLD and ALL CAPS, deletions in strikeout):
14-39. - Authority to seize and impound animals subjected to cruelty, hoarding or
unlawful restraint; cost of care.
A. A Peace Officer is hereby authorized and empowered to seize and impound any
animal as follows:
1. On process issued pursuant to the provisions of Arizona Revised Statutes Title
13, including a search warrant; or
2. If the Peace Officer has reasonable grounds to believe that a violation of
Section 14-36, 14-37 or 14-38 has occurred; or
Ordinance No. 5146
Page 2
3. If the Peace Officer has reasonable grounds to believe that very prompt action is
required to protect the health or safety of the animal or the health and safety of other
animals.
B. Whenever a Peace Officer seizes and impounds any animal pursuant to this
section, the Peace Officer and the court shall comply with the post-seizure hearing
requirements of Section 14-40.
C. The City may contract with any person, organization, agency, shelter or
veterinary clinic to transport, house, care for and treat an animal that has been seized
and impounded pursuant to the provisions of this section.
D. Nothing in this section shall be construed to prohibit the attorney for the state,
after seizure of an animal by a Peace Officer, from taking possession of and keeping
the animal when the attorney deems the animal to be of evidentiary value in any
criminal prosecution relating to the condition of the animal. If the attorney for the
state intends to take possession of and retain an animal as evidence in any criminal
prosecution, the attorney shall promptly provide written notice to the Police
Department.
E. The owner or custodian of an animal properly seized under this section is liable
for the cost of housing, caring for and treating the animal unless the seizure or
impoundment of an animal is for evidentiary purposes, supported by a written
notice of intent as required by subsection (D), or the court determines at a post-
seizure hearing that the seizure or impoundment was unjustified or invalid. The
owner or custodian shall post with the court a bond OF FIVE HUNDRED
DOLLARS ($500.00) PER ANIMAL in the form of cash or a surety’s undertaking
to offset some of the costs incurred by the City relating to the housing of, caring for
and treating the animal. The owner or custodian shall post the bond within ten (10)
calendar days of the date of the notice provided under Section 14-40 OR BY THE
DATE OF THE HEARING. IF THE BOND IS NOT PAID BY THE DATE OF
THE HEARING, THE HEARING SHALL BE VACATED. If the owner or
custodian fails to post the bond within the specified time, the owner or custodian
shall be deemed to have abandoned the animal and disposition of the animal shall
be DETAILED IN A COURT ORDER in accordance with Section 14-42.
F. Upon forfeiture of an animal, the court shall forfeit the bond to pay the expenses
incurred in the housing of, caring for and treating the animal, if the bond exceeds
the expenses, the court shall exonerate the bond amount and order the security
returned to the owner or custodian only to the extent the bond exceeds the expenses
incurred in the housing of, caring for and treatment of the animal. The court shall
order the bond exonerated and the security returned to the owner or custodian if at
the conclusion of the case the animal is not forfeited under this article.
G. The bond shall be calculated according to the number of animals seized. Under
ten (10): four hundred dollars ($400.00). Ten (10) to twenty (20): seven hundred
dollars ($700.00). Twenty-one (21) to thirty (30): one thousand dollars ($1,000.00).
Over thirty (30): one thousand five hundred dollars ($1,500.00).
Ordinance No. 5146
Page 3
14-40. - Post-seizure hearings.
A. Whenever a Peace Officer seizes and impounds any animal under the offenses
set forth in Sections 14-36, 14-37, or 14-38, the owner or custodian may request a
post-seizure hearing to determine:
1. The validity of the seizure or impoundment; and
2. The disposition of any validly seized or impounded animal.
B. The burden of proof shall be by a preponderance of the evidence. The formal
rules of evidence shall not apply and reliable hearsay shall be admissible.
C. On a finding that a violation of Section 14-36, 14-37, or 14-38 has occurred or
that the animal will suffer unnecessarily due to a delay in its humane destruction,
the court may order the animal to be forfeited to the City. If the court does not forfeit
the animal, the court shall, upon demand, direct the release of the animal to the
owner or custodian.
D. The post-seizure hearing shall be commenced by filing of the notice of seizure
with the court and as follows:
1. If the owner or custodian is known, the owner or custodian may sign a statement
permanently relinquishing ownership of the animal to the City. The statement shall
indicate that the animal will be placed for adoption through an animal welfare
organization, an animal shelter, a suitable home or humanely destroyed according
to law.
2. If the owner’s or custodian’s whereabouts cannot be determined, the notice shall
be sent via regular mail to the owner’s or custodian’s last known address.
3. If the owner’s or custodian’s whereabouts are known or reasonably ascertainable,
the Peace Officer shall provide the following notice within forty-eight (48) hours
of the seizure or impoundment, by causing notice to be posted in a conspicuous
place where the animal was seized or located, or by delivering notice of the seizure
or impoundment to the owner or custodian, or both. The notice shall include the
following:
a. The name, business address and telephone number of the person providing the
notice.
b. A description of the animal seized, including identification upon the animal if
any.
c. The authority and purpose for the seizure or impoundment.
d. The time, place and circumstances under which the animal was seized.
e. A statement that, in order to receive a post-seizure hearing, the owner or custodian
must, within ten (10) calendar days of the date the notice was posted or mailed,
submit a request for hearing by signing and returning to the court a written
declaration of ownership or right to keep the animal. The declaration must be
returned by personal delivery or by mail. The declaration will be deemed received
at the time it is personally delivered or, if mailed, upon receipt by the court.
Ordinance No. 5146
Page 4
f. A statement that the owner or custodian is responsible for the cost of housing,
caring for and treating any animal that was properly seized or impounded.
g. A statement that the owner or custodian is required to post a bond with the court
to defray the expenses of housing, caring for and treating the animal that has been
properly seized and impounded.
h. A warning that if the owner or custodian fails to post the bond within ten (10)
calendar days of the seizure, the animal will be deemed abandoned and will be
placed for adoption through an animal welfare organization, an animal shelter, a
suitable home, or humanely destroyed according to law.
i. A warning that if the owner or custodian fails to appear at the post-seizure hearing,
the court shall order the animal forfeited to the City to be placed for adoption
through an animal welfare organization, an animal shelter, a suitable home, or
humanely destroyed according to law.
j. A warning that this post-seizure hearing is separate and distinct from any criminal
prosecution for animal cruelty, that anything the person testifies to at the post-
seizure hearing may be used against them in the criminal prosecution, that they are
not entitled to a public defender in the post-seizure hearing, that if they wish to be
represented by an attorney at the civil post-seizure hearing they must retain an
attorney and that no continuances of the hearing will be granted to secure an
attorney.
4. The court shall conduct the post-seizure hearing within fifteen (15) calendar days
of the court’s receipt of the request, UNLESS THE COURT FINDS GOOD
CAUSE TO CONTINUE THE HEARING FOR UP TO SEVEN (7)
ADDITIONAL CALENDAR DAYS.
5. Failure of the owner, custodian, or an authorized agent to request or to attend a
scheduled post-seizure hearing shall result in a forfeiture of any right to a post-
seizure hearing, and the COURT SHALL ISSUE AN ORDER STATING THAT
THE animal shall be deemed abandoned and will be either placed up for adoption
through an animal welfare organization, an animal shelter, a suitable home, or
humanely destroyed according to law.
14-41. - Enforcement; nonpreclusion of other enforcement action; appeal.
A. Any Peace Officer, Enforcement Agent or County Animal Control Officer is
hereby authorized and empowered to enforce the provisions of this article and to
issue citations for the violations thereof.
B. It shall be unlawful for any person(s) to interfere with any officer authorized to
enforce this chapter in the performance of their duties, or to release any animal duly
seized and/or impounded.
C. Use of the civil procedures and remedies provided for in this article shall neither
require nor preclude other enforcement action on the same facts, including a
criminal prosecution of the owner, custodian, or other responsible party. The civil
procedures and remedies provided for in this chapter are remedial and not punitive
and are not precluded by an acquittal or conviction in a criminal proceeding.
Ordinance No. 5146
Page 5
D. Appeal of the FINAL ORDER OR JUDGMENTdecision of the court by either
party shall be by way of special action to the superior court within five (5) calendar
days from the date of a final order or final judgment and shall be based on the record
of the hearing. At the hearing, the court shall issue an order that includes written
findings of fact and conclusions of law. if either party claims the record to be
incomplete or lost and the court who conducted the hearing so certifies, a new
hearing shall be conducted before that court. The owner must post a bond equivalent
to sixty (60) days of impoundment costs in order to prefect the owner’s appeal.
Notice of the amount due shall be given to the owner by the court at the time of the
seizure hearing if forfeiture is ordered. The appealing party shall bear the cost of
preparing the record of the hearing on appeal. Any appeal shall be made in writing
and filed with the court no later than five (5) calendar days after the decision, or
else the right to appeal shall be waived. a copy of the notice of appeal shall be
mailed to the opposing party. IN WRITING AND FILED WITH THE COURT
NOT LATER THAN FOURTEEN (14) CALENDAR DAYS AFTER THE
DECISION, OR ELSE THE RIGHT OF APPEAL SHALL BE WAIVED. A
COPY OF THE NOTICE OF APPEAL SHALL BE MAILED TO THE
OPPOSING PARTY. THE APPEAL SHALL BE BASED ON THE RECORD
OF THE HEARING. IF THE RECORD IS LOST OR INCOMPLETE AND
THE COURT WHO CONDUCTED THE HEARING SO CERTIFIES, A
NEW HEARING SHALL BE CONDUCTED BEFORE THAT COURT. THE
OWNER MUST POST A BOND EQUIVALENT TO SIXTY (60) DAYS OF
IMPOUNDMENT COSTS TO PERFECT THE OWNER’S APPEAL OF THE
FINAL ORDER OR JUDGMENT. NOTICE OF THE AMOUNT SHALL BE
GIVEN TO THE OWNER BY THE COURT AT THE TIME OF THE
SEIZURE HEARING, IF FORFEITURE IS ORDERED. THE APPEALING
PARTY SHALL BEAR THE COST OF PREPARING THE RECORD OF
THE HEARING ON APPEAL.
E. Unless good cause is shown, the owner shall be liable for all veterinary, impound
and board fees resulting from the animal’s impoundment until a final decision by
the court, including the pendency of an appeal. The owner shall not be responsible
for any fees if the owner prevails at the hearing or ultimately on appeal.
Section 2.
Providing for Repeal of Conflicting Ordinances.
All ordinances or parts of ordinances in conflict with the provisions of this
ordinance, or any parts hereof, are hereby repealed.
Section 3.
Providing for Severability.
If any section, subsection, sentence, clause, phrase, or portion of this ordinance is
for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining
portions thereof.
Ordinance No. 5146
Page 6
INTRODUCED AND TENTATIVELY APPROVED by the City Council of the City of Chandler,
Arizona this ____ day of December, 2025.
ATTEST:
CITY CLERK
MAYOR
PASSED AND ADOPTED by the City Council of the City of Chandler, Arizona the ____ day of
January, 2026.
ATTEST:
CITY CLERK
MAYOR
CERTIFICATION
I HEREBY CERTIFY that the above and foregoing Ordinance No. 5146 was duly passed and
adopted by the City Council of the City of Chandler, Arizona, at a regular meeting held on the
____ day of January, 2026, and that a quorum was present thereat.
_______________________
CITY CLERK
APPROVED AS TO FORM:
CITY ATTORNEY
Published in the Arizona Republic on: