Intro to AZ Exotic Animal Laws
In Arizona, exotic animals are generally not prohibited, but the owner needs to be aware of the laws regulating them. Doing so will save the owner, and potentially the animal, from a lot of hassle. But first off, there should be a general understanding regarding what is meant by the term "exotic." In Arizona, an exotic animal is defined as an animal that is not native to this state. This includes elephants, lions, tigers, monkeys, llamas, giraffes, camels, zebras, bears, non-human primates, and iguanas. All of these animals, and more, fall under the broad category of exotic animals. Some of these animals, such as the elephant, zebra, and giraffe are both legal for sale, and legal to own. But it is good to check for any agency imposed restrictions on these animals, particularly with the Arizona Game and Fish Department (AGFD), which is in charge of all wildlife in Arizona.
The AGFD regulates wildlife through the state law found in A.R.S. § 17-233(H)(2). Under this law, a person may possess an exotic animal within the state provided that this possession does not conflict with the rules of any county, city and/or town. The definition of exotic animal, for purposes of this law, includes birds and reptiles. As explained by the State, these rules are implemented so that there will be no dangers posed to the human population of the state. To discover whether a person can legally own an exotic animal, he or she must check the laws of the State, to see if a type is permitted. If it is not specifically authorized, the private interest must be respected so long as it does not pose harm to the general public, and that it complies with the rules of the county and/or city. In addition to the State rules , there are local (city and county) ordinances that dictate the type of animal, the location of its residence, and the number of animals that may be owned.
For example, the City of Phoenix regulates a number of species and types of animals under its municipal code (Chapter 8, Art. I). Some of the animals restrictions, which only fall under its jurisdiction, include canines, felines, equines, bovine, caprines, almost all poultry, and even reptiles. These provisions include license options based on the number of animals owned. The owner of the animals must obtain a license from the appropriate governmental agency itself for the area in which the animals are kept. For example, if an animal is kept in Maricopa County, the owner would obtain his or her license from the Maricopa County Animal Care and Control Department. On the other hand, if the animal is in Tempe, the owner would have to deal with the Office of Tempe City Clerk.
In Phoenix, a pet owner cannot own more than three dogs over the age of four months, and no more than one of these dogs over twelve pounds. Also, none may be kept at the same time. Under A.R.S. § 11-1015, a county may restrict the ownership of certain animals, including domestic animals and livestock, for any reason. The powers granted to a county by this law, MR. TAYLOR notes, have been upheld by a number of courts. Under this law, the county ordinance must contain a reference to the statute and state specifically the purpose for the restriction. Also, the law allows a county to prohibit an animal, such as a raccoon, on the ground that it carries a communicable disease, or may develop a communicable disease deemed dangerous to the public.
Legal AZ Exotic Animals
The Arizona Game and Fish Department (AZGFD) administers laws and rules governing wildlife in Arizona, including what they term "non-game birds and mammals". These consist of species covered in Arizona Revised Statute 17-231 and Arizona Administrative Code R12-4-407. For the most part these are commonly kept non-human primates, exotic birds, reptiles and mammals, but also include a few more unusual animals such as monkeys. We will discuss permits and restrictions on the latter animals in the last part of this blog post, but the law is very clear on the fact that all of them do not require any type of permit to own or maintain.
Preventing Banned Exotic Animals
While many exotic animals are perfectly legal to obtain and keep as pets in Arizona, others are outright banned by the state. For example, common household pets like dogs, cats, birds, guinea pigs, ferrets, hamsters, and even some reptiles like bearded dragons and iguanas pose no threat to public safety or the state’s environment. However, there are certain wild animals that pose a greater threat to public health, safety and the environment, which is why they are prohibited in Arizona. Notice that the following list does not include dogs or cats, these mammals can be crossbred with "wild" animals and create hybrids that may be more dangerous than their parents. Hybrids of wild and domestic animals are also considered prohibited exotic animals under Arizona law. Below, we provide an overview of some of the more commonly known prohibited exotic animals in Arizona.
All primates
Tigers
Sloths
Bats
All non-human primates (These include baboons, macaques, monkeys, orangutans, and chimpanzees)
Gorillas
Chimps
Lemurs
Orangutans
Spider monkeys
Squirrel monkeys
Marmosets
Gibbons
Potbellied pigs
Crocodiles
All hedge hogs
All marsupials (kangaroos, wallabies)
Wallabies
Coatis
Kinkajous
Raccoon or Tasmanian devil hybrids
Native amphibians
All native reptiles (gila monsters and coral snakes)
Gila monsters
Coral snakes
Frogs
Moose
Elk
Mountain goats
Wild turkeys
Swans
Guanacos
Striped skunks
For more details about what kinds of exotic animals you can own legally, please contact our Scottsdale exotic animal lawyers.
Licensing and Permitting of Exotic Animals
Obtaining a license or permit to keep an exotic animal in Arizona varies at the city level. The Arizona Game and Fish Department maintains a database of county and local ordinances regarding exotic animals. Maricopa County requires a license for exotic animals, and Alameda County requires a license for certain "restricted" animals. In Pima County, an animal control services officer must check and approve a premises for keeping a restricted animal "at a time prescribed by the Pima Animal Care Center." Mesa requires a permit for all exotic animals, while Gilbert requires a permit for some, but not all, exotic animals. In Queen Creek, a separate license is required in addition to a business license. Glendale requires a permit for these types of animals: alligators, crocodiles, birds of prey, elephants, hippos, jaguars, hyenas, leopards, tigers, proxes, cougars, lions, gorillas, orangutans and chimps. In Yuma County, a license is required for all "wild animals."
Penalties for Illegal Possession
The Code is clear in its restrictions on the possession of certain species of animals, both native and non-native, as outlined in Amendments as to Exotic Animal Code (A.R.S. § 1-215) and Wildlife Protection Ordinances (A.R.S. § 1-219). Penalties corresponding with these statutes are incorporated into A.R.S. § 1-219 – Criminal Complicity for Violations; Civil Penalties for Violations of Title. A person who possesses an exotic or native animal in violation of this code is guilty of a class 1 misdemeanor . The penalties associated with this class of misdemeanor includes a term of imprisonment of 6 months (maximum), $2,500 (minimum) or both. However, the State may conduct an administrative proceeding against the violator and impose a civil penalty, which may be as great as $25,000, plus the payment of restitution. The issue of if sales of an exotic animal are considered a nuisance may be appended to the aforementioned categorizations. If it is determined that a business selling exotic animals constitutes a "nuisance," the violator may be forced to cease operations in areas containing such problematic animals.
Care of Exotic Animals
Exotic animal owners in Arizona have a duty to care for the animals’ health, safety and well-being. Per A.R.S. § 17-457A:
"[Prior to] obtaining an exotic reptile, an owner shall provide a statement outlining the care and natural history of the species. The owner shall make this statement available to the department upon request."
According to A.R.S. § 17-457B, an "owner shall not possess an exotic reptile in a manner that creates a nuisance, including excessive noise or odor…". If the owner is a pet shop, the care and husbandry of the animal must meet the National Pet Retail Association guidelines.
The regulations for possession of exotic animals in Arizona are broken down into four sections:
A.R.S. §17-457.03 governs breeding for commercial sale of exotic reptiles and A.R.S. §17-457.04 regulates transportation across the state.
Resources for Exotic Animal Keepers
For current or prospective owners of exotic animals in Arizona, several resources can provide support and education.
Support Groups
The Arizona Exotic Animal Network is a regional group that provides networking, support, and educational programs for all types of pet owners. The website has message boards, articles, and information on upcoming events that are open to the public.
The Arizona Chapter of the American Association of Zoo Keepers is an organization dedicated to the care of various exotic animals that aren’t household pets. The website has links to area zoos and wildlife parks as well as articles about the environment and exotic animals .
Educational Programs
The Phoenix Herpetological Society is devoted to the preservation and conservation of reptiles and amphibians. The non-profit organization is involved in educational programs and housing rescues and surplus pet reptiles and amphibians. Its website has links to community resources and other organizations.
The Phoenix Zoo is home to more than 1,400 animals, including many exotic species. The animals are housed as closely as possible to their natural habitat while in the care of the zoo. The zoo was founded as part of a movement to protect endangered species and promote public education.