Tucson, Arizona

Sec. 4-82.1. Altered dogs; animal age and health.

Any person who presents to the city enforcement agent an affidavit or veterinarian’s certificate stating that the dog is already altered, that the dog is at least ten (10) years of age, or that the dog cannot be altered for health reasons, shall be eligible for the altered dog fee.

Sec. 4-82.3. Rebate.

Any person who has paid the license fee for an unaltered dog who, during the license year, presents to the city enforcement agent a veterinarian’s certificate that the licensed animal has been altered, shall be entitled to a rebate. The rebate shall be the difference between the fee paid and the fee for an altered dog.

Sec. 4-99. Impoundment time, notice and costs.

Sec. 4-99(6).

(a)   Any unaltered dog which has been impounded more than once within any twelve (12) month period shall be spayed or neutered by a licensed veterinarian at the owner’s expense. If the unaltered dog has not been spayed or neutered within ten (10) days of impoundment the dog will be relinquished to the city enforcement agent, to be disposed of pursuant to Tucson Code section 4-12.

(b)   Notice of this requirement shall be given to the owner at the time of the first release of the impounded unaltered dog. Upon a second impoundment within twelve (12) months, any owner who contests the spaying or neutering of the unaltered dog including whether or not the dog is already spayed or neutered or cannot be altered for health reasons, will receive a request for hearing form from the city enforcement agent. The request for hearing must be filed within twenty-four (24) hours of receipt of the form or no hearing will be held and the dog will be altered at the owner’s expense by a licensed veterinarian or relinquished to the city enforcement agent. If the city enforcement agent is presented with a veterinarian’s certificate stating that the dog cannot be altered for health reasons or is already spayed or neutered then no hearing shall be held and the dog shall be returned to the owner. If the city enforcement agent does not accept a certificate, the hearing shall proceed. After a request for a hearing has been filed, the city enforcement agent shall set a hearing date within three (3) working days at a time and place designated by the city enforcement agent. The hearing shall be conducted by a hearing officer selected by the city enforcement agent and shall be informal in manner. The burden of proof is on the owner to establish by a preponderance of the evidence that the dog is in fact spayed or neutered or cannot be altered for health reasons.