A. A county board of supervisors that establishes a civil penalty for violating an animal statute or ordinance may appoint one or more hearing officers to hear and determine such cases. The board may appoint a county employee to serve as hearing officer in addition to his other work.

Terms Used In Arizona Laws 11-1006

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Animal: means any animal of a species that is susceptible to rabies, except man. See Arizona Laws 11-1001
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • County enforcement agent: means that person in each county who is responsible for enforcing this article and the rules adopted under this article. See Arizona Laws 11-1001
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Statute: A law passed by a legislature.

B. The hearing officer shall hold a hearing on each violation reported by the county enforcement agent. Notice of the hearing shall be served personally on the defendant at least ten days before the hearing. The county enforcement agent shall use a uniform traffic ticket and complaint for civil traffic cases pursuant to the rules of procedure in traffic cases adopted by the supreme court, modified as applicable, in citing persons for violations of ordinances adopted with a civil penalty pursuant to section 11-1005, subsection A, paragraph 6, subdivision (b).

C. At the hearing the county enforcement agent shall present evidence of the violation and the defendant, or his attorney or other designated representative, shall have an opportunity to present evidence. The county attorney may represent and present evidence for the county enforcement agent.

D. At the conclusion of the hearing the hearing officer shall determine whether a violation occurred and, if so, impose civil penalties provided for under section 11-1005, subsection A, paragraph 6, subdivision (b). Monies collected for civil penalties shall be deposited in the county general fund. The board of supervisors shall adopt, in the same manner as the animal ordinances, written rules of procedure for the hearings and review of hearings. Final decisions of the hearing officer under this subsection are subject to judicial review under Title 12, Chapter 7, Article 6.

E. In addition to other remedies provided by law, the board of supervisors, the county attorney, the county enforcement agent or a private individual or other entity that is specially damaged by a violation of an animal statute or ordinance may institute an injunction, mandamus, abatement or other appropriate action or proceeding to prevent or abate the violation.

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