HomeMy WebLinkAboutAGENDApacket__09-21-20_0631_130
NOTICE OF MEETING
COMMUNITY SERVICES ADVISORY COMMISSION
Chairman Ron Ruppert
Vice Chairman Amy Arnold
Commissioner Don Doty
Commissioner Jerry Gorrell
Commissioner Sharron Grzybowski
Commissioner Natalie Varela
TIME:5:00 P.M. – REGULAR MEETING
WHEN:MONDAY, SEPTEMBER 21, 2020
WHERE:FOUNTAIN HILLS COUNCIL CHAMBERS
16705 E. AVENUE OF THE FOUNTAINS, FOUNTAIN HILLS, AZ
Commissioners of the Town of Fountain Hills will attend either in person or by telephone conference call; a quorum of the
Town’s Council, various Commission, Committee or Board members may be in attendance at the Commission meeting.
Notice is hereby given that pursuant to A.R.S. §1-602.A.9, subject to certain specified statutory exceptions, parents have a
right to consent before the State or any of its political subdivisions make a video or audio recording of a minor child.
Meetings of the Commission are audio and/or video recorded and, as a result, proceedings in which children are present
may be subject to such recording. Parents, in order to exercise their rights may either file written consent with the Town
Clerk to such recording, or take personal action to ensure that their child or children are not present when a recording may
be made. If a child is present at the time a recording is made, the Town will assume that the rights afforded parents
pursuant to A.R.S. §1-602.A.9 have been waived.
REQUEST TO COMMENT
The public is welcome to participate in Commission meetings.
TO SPEAK TO AN AGENDA ITEM, please complete a Request to Comment card, located in the back
of the Council Chambers, and hand it to the Executive Assistant prior to discussion of that item, if
possible. Include the agenda item on which you wish to comment. Speakers will be allowed three
contiguous minutes to address the Commission. Verbal comments should be directed through the
Presiding Officer and not to individual Commissioners.
TO COMMENT ON AN AGENDA ITEM IN WRITING ONLY, please complete a Request to Comment
card, indicating it is a written comment, and check the box on whether you are FOR or AGAINST and
agenda item, and hand it to the Executive Assistant prior to discussion, if possible.
1.CALL TO ORDER
2.ROLL CALL
3.CALL TO THE PUBLIC
Pursuant to A.R.S. §38-431.01(H), public comment is permitted (not required) on matters NOT listed on the
agenda. Any such comment (i) must be within the jurisdiction of the Commission, and (ii) is subject to
reasonable time, place, and manner restrictions. The Commission will not discuss or take legal action on
matters raised during Call to the Public unless the matters are properly noticed for discussion and legal action.
At the conclusion of the Call to the Public, individual commissioners may (i) respond to criticism, (ii) ask staff
to review a matter, or (iii) ask that the matter be placed on a future Commission agenda.
4.CONSIDERATION of Approving the June 22, 2020 Meeting Minutes
5.DISCUSSION AND CONSIDERATION of Appointing a Chairperson
6.DISCUSSION AND CONSIDERATION of Appointing a Vice Chairperson
7.DISCUSSION AND RECOMMENDATION on Fountain Hills Facility Reservation Guideline
8.DISCUSSION AND RECOMMENDATION on Control of Dogs to Prevent Nuisances
9.UPDATE on the Community Services Parks, Trails, and Recreation Master Plan
10.UPDATE from Work Group on the Community Swimming Pool
11.UPDATE on Volunteer Opportunities with Town Events
12.UPDATE on Special Events
13.ADJOURNMENT
Community Services Advisory Commission Meeting of September 21, 2020 2 of 3
CERTIFICATE OF POSTING OF NOTICE
The undersigned hereby certifies that a copy of the foregoing notice was duly posted in accordance with the statement filed
by the Community Services Advisory Commission with the Town Clerk.
Dated this 17th day of September, 2020.
_____________________________________________
Jamie Salentine, Executive Assistant
The Town of Fountain Hills endeavors to make all public meetings accessible to persons with disabilities. Please call 480-816-5199 (voice)
or 1-800-367-8939 (TDD) 48 hours prior to the meeting to request a reasonable accommodation to participate in the meeting or to obtain
agenda information in large print format. Supporting documentation and staff reports furnished the Commission with this agenda are
available for review in the Development Services' Office.
Community Services Advisory Commission Meeting of September 21, 2020 3 of 3
ITEM 4.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/21/2020 Meeting Type: Community Services Advisory Commission
Agenda Type: Submitting Department: Community Services
Prepared by: Jamie Salentine, Executive Assistant
Staff Contact Information:
Request to Community Services Advisory Commission (Agenda Language): CONSIDERATION of
Approving the June 22, 2020 Meeting Minutes
Staff Summary (Background)
Attachments
Draft 6-22-20 Minutes
Form Review
Form Started By: Jamie Salentine Started On: 09/02/2020 02:26 PM
Final Approval Date: 09/02/2020
TOWN OF FOUNTAIN HILLS
MINUTES OF THE REGULAR MEETING
OF THE COMMUNITY SERVICES ADVISORY COMMISSION
JUNE 22, 2020
1.CALL TO ORDER
Chairman Rupert called the meeting of Monday, June 22, 2020, to order at 5:03 p.m. in the
Pima/Hopi rooms at the Fountain Hills Community Center, located at 13001 N La Montana
Drive, Fountain Hills, Arizona.
2.ROLL CALL
Present: Vice Chairman Amy Arnold; Commissioner Don Doty; Commissioner Jerry Gorrell;
Commissioner Sharron Grzybowski; Youth Commissioner Hayden Arnold;
Chairman Ron Ruppert; Commissioner Natalie Varela
Staff
Present:
Community Services Director Rachael Goodwin; Executive Assistant Jamie
Salentine
*Commissioner Varela participated in the meeting via telephone.
3.CALL TO THE PUBLIC
There was no comments from the citizens present.
4.RECOGNITION of Youth Commissioner Hayden Arnold
Chairman Ruppert recognized Youth Commissioner Arnold on behalf of the entire
Commission for his time with CSAC, thanked him for his contributions, wished him luck at
the University of Arizona, and all of his future endeavors.
Commissioner Grzybowski stated that she has loved having him on the Commission and that
she uses him as an example when talking with other youth to apply for the position.
Youth Commissioner Arnold commented that he is thankful for the opportunity even though
this is not typical of what most teenagers would do and wanted to be more involved with the
politics within Fountain Hills. He added that he has enjoyed his time on the Commission for
two years.
In response to a question posed by Commissioner Grzybowski, Community Services
Director Rachael Goodwin noted that no Youth Commissioner applications have been
received. She added that they are still looking and have more students added to the
Mayor’s Youth Council, which is promising.
5.CONSIDERATION OF Approving the February 3 and 24, 2020 Meeting Minutes
MOVED BY Commissioner Sharron Grzybowski, SECONDED BY Commissioner Jerry
Gorrell to approve the February 3 and 24, 2020 Meeting Minutes as submitted.
Vote: 7 - 0 - Unanimously
6.DISCUSSION AND CONSIDERATION of Appointing a Chairperson
DRAFT
Executive Assistant Jamie Salentine stated that items #6 and #7 had been tabled to this
meeting and added that the interviews for each expired term have been postponed until after
the summer break due to COVID-19. She confirmed that the two Commissioner positions up
for renewal will stay seated until the positions are filled.
Discussion ensued regarding the annual appointment month for the Chairperson and Vice
Chairperson.
MOVED BY Commissioner Sharron Grzybowski, SECONDED BY Commissioner Jerry
Gorrell to table the appointment for Chairperson until September and have the annual renewal
at the September meeting moving forward.
Vote: 7 - 0 - Unanimously
7.DISCUSSION AND CONSIDERATION of Appointing a Vice Chairperson
MOVED BY Commissioner Don Doty, SECONDED BY Commissioner Jerry Gorrell moved to
table the appointment for Vice Chairperson until September and have the annual renewal at
the September meeting moving forward.
Vote: 7 - 0 - Unanimously
8.UPDATE on the Community Services Parks, Trails, and Recreation Master Plan
Ms. Goodwin updated on the Master Plan progress and stated that on June 22, 2020 the
kick-off of the focus groups started with the Community Services staff and three additional
focus groups will occur this week with the Community Stakeholders and ending on June 25,
2020 at 6:00 pm with a Public Forum. She asked the Commission to reach out to all
residents they know to participate in the Public Forum. She added that the focus groups and
public forum will assist in developing the Public Survey, which will be sent out to all residents
later this summer to respond via mail-in or online.
Discussion ensued relating to the Public Forum process, reaching out to residents, and the
registration process.
Ms. Goodwin clarified that Ms. Salentine will email the CSAC the flyer on the Public Survey
which includes the web link to register.
9.UPDATE from Work Group on the Community Swimming Pool
Commissioner Arnold commented that she had some conversations with residents wanting
an aquatic center and placed on social media some inquires on possible commitments for
funding. She noted they have not done too much outreach due to COVID-19.
Ms. Goodwin added that the survey may further the idea of a possible aquatic center since
this item is brought up many times.
10.UPDATE on Volunteer Opportunities with Town Events
Commissioner Grzybowski stated no upcoming events, however, Make a Difference Day
DRAFT
Commissioner Grzybowski stated no upcoming events, however, Make a Difference Day
Planning Committee will meet next month and asked if anyone is interested to contact
Volunteer Coordinator Kimberly Wickland.
Commissioner Grzybowski pointed out that Home Delivered Meals and Give a Lift is looking
for volunteers.
Commissioner Varela added that Care Cards are needed.
Ms. Goodwin clarified that Care Cards started over the pandemic and has had a great
response. She noted that the Volunteer Department is focusing on specific cards such as
cards for the workers at the Bush fire as well as general care cards.
11.UPDATE on Special Events
Ms. Goodwin reported that the July 4th Celebration is canceled and that all special events at
this time are canceled until further notice.
Discussion ensued related to funding not used for special events and how the funds will be
offset.
12.ADJOURNMENT
MOVED BY Commissioner Don Doty, SECONDED BY Youth Commissioner Hayden
Arnold to adjourn.
Vote: 7 - 0 - Unanimously
The Community Services Advisory Commission adjourned at 5:37 p.m.
COMMUNITY SERVICES ADVISORY
COMMISSION
____________________________
Ron Ruppert, Chairman
ATTEST AND PREPARED BY:
______________________________
Jamie Salentine, Executive Assistant
CERTIFICATION
I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the Regular
Meeting held by the Fountain Hills Community Services Advisory Commission in the Fountain Hills
Community Center on the 22nd day of June, 2020. I further certify that the meeting was duly called and
that a quorum was present.
DATED this 29th day of September, 2020.
DRAFT
_________________________________
Jamie Salentine, Executive Assistant
DRAFT
ITEM 7.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/21/2020 Meeting Type: Community Services Advisory Commission
Agenda Type: Submitting Department: Community Services
Prepared by: Jamie Salentine, Executive Assistant
Staff Contact Information: Linda Ayres, Recreation Manager
Request to Community Services Advisory Commission (Agenda Language): DISCUSSION AND
RECOMMENDATION on Fountain Hills Facility Reservation Guideline
Staff Summary (Background)
Attachments
FH Facility Reservation Guideline
Form Review
Form Started By: Jamie Salentine Started On: 09/17/2020 04:20 PM
Final Approval Date: 09/17/2020
FOUNTAIN HILLS
FACILITY
RESERVATION
Guideline
TABLE OF CONTENTS
Introduction ..................................................... 3
Prioritzed Use ................................................. 4
Permit Use ................................................... 5-7
Athletic Fields ................................................. 8
Ramada .......................................................... 9
Sport Courts ................................................. 10
Special Events ............................................. 11
Park Maps ............................................... 12-16
Park Rules .................................................... 17
Fountain Hills Facility Reservation Guideline
3
INTRODUCTION
Welcome to the Town of Fountain Hills Community Services Department. The Town of Fountain Hills
Community Services Department currently has five parks with various amenities including Ramada’s,
athletic fields, sport courts, open space, Skate Park, playgrounds, splash pad, and an amphitheater.
This facility reservation guideline serves as the procedures for our outdoor park amenity reservation
process and priority usage.
Whenever any person or group desires to reserve any portion of a Town facility for an activity, a permit
shall be obtained from the Parks and Recreation Division by contacting us at 480-816-5100 or
requesting a reservation online at www.fh.az.gov/recreation.
Reservations can be made up to six months in advance and require a minimum 48 hour request.
Reservable Amenities Non-Reservable Amenities
Ramada Playgrounds
Sport Courts Splash Pad
Athletic Fields Skate Park
Amphitheater
Open Space
Steps to Make a Reservation
• Call 480-816-5100 Monday-Thursday between 7:00am-6:00pm to make a reservation or
request a reservation at www.fh.az.gov.recreation
• Payment is required when requesting a reservation.
• Alcohol permits are permitted with Ramada reservations and are $10.
• Vendors, bounce houses, and any equipment on Town property requires a certificate of
insurance outlined on page six.
Cancellations and Refunds
• A full refund will be made if the Community Services Departments cancels the rental.
• Cancellations require a minimum of 3 business days advance notice for a full refund.
• Field Rentals: In case of inclement weather or poor field conditions, Town staff will make the final
decision if the field may be used.
• In the event of inclement weather or light failure, a credit can be issued to the household. Call
480-816-5100 within 24 hours following the reservation to receive the credit.
• All changes to reservations need to be made at least 24 hours in advance. All changes to
weekend reservations need to be made by the Thursday at 5:00pm prior to the reservation date.
Fountain Hills Facility Reservation Guideline
4
PRIORITIZED USE
The Fountain Hills Community Services Department has priority use of all facilities and recreation
areas. When facilities are not in use for Parks and Recreation sponsored activities, they shall be
available for permits in the following order:
1. Fountain Hills Programs, approved events, and maintenance.
2. Organizations with formal agreements and youth serving agencies.
3. General public use.
4. Commercial/private organizations.
Local Youth Serving Agency Guideline
Groups that meet the following criteria will have priority use with those above, on potential reduced fee
basis:
1. Youth Serving Agency is a 501c3 non-profit.
2. Agency is governed by a local, unpaid volunteer board and unpaid staff.
3. Participant members are made up of a majority of Town of Fountain Hills residents.
4. Agency participation is open to the public and not “by invitation only” or limited by any means
other than the natural make-up of the league (i.e. no “cuts” and must have minimum
participation/play rules in place).
When facilities are not in use by the Community Services Department, or the groups listed above, they
will be made available to other Fountain Hills’ residents, groups, or organizations on a permit/fee basis.
Formal Agreement Requirements
Non-tournament and league groups that meet the following criteria may qualify for formalized
agreements non-tournament and league definitions can be found on page 7.
1. Submit a certificate of insurance naming the Town of Fountain Hills as additional insured.
Insurance requirements can be found online at https://www.fh.az.gov/695/Fountain-Hills-Parks
2. Submit participant rosters demonstrating a 60% residency participation rate.
Fountain Hills Facility Reservation Guideline
5
PERMIT USE
Whenever any person or group desires to reserve any portion of a Town facility for an activity, a permit
shall be obtained from the Parks and Recreation Division by contacting us at 480-816-5100 or
requesting a reservation online at www.fh.az.gov/recreation.
Reservations can be made up to six months in advance and require a minimum 48 hour advance
request. All reservations for Friday-Sunday must be secured with payment by 5:00pm on Thursday.
The Community Services Director shall interpret this policy and may act in any case not specifically
covered by the policy.
General Use
It is recommended that requests of this nature be initiated at least 48 hours in advance. All
weekend requests must be secured with payment by 5:00pm on Thursday. (General use i.e.
family picnics, birthdays, ball field practices, etc.)
First-Come-First-Serve Use
Casual use is defined as informal pick-up games, small picnic or gathering that does not require
services or accommodations. This type of use is available on a first-come-first-serve basis when
the facility is not already reserved and as long as the group size is 25 people or less. Individuals
wishing to guarantee their space or have special services (i.e. bounce house, amplified music,
facility prep needs, etc.) must make a reservation and pay the associated fees. Reservations are
highly recommended to ensure exclusivity of the space and that scheduled maintenance does not
occur during the reservation.
Alcohol Permits
Alcohol permits are $10 and is valid for a maximum of 50 consuming adults. The permit must be in
conjunction with a Ramada reservation and must be secured at least 48 hours prior to the reservation.
Alcohol permits for Friday-Sunday must be secured by 5:00pm on Thursday.
Special Events
This form is not intended for Special Event use. It is recommended that requests for Special Events at
Town facilities be initiated at least 60 days in advance so that proper review and approvals may be
obtained from all departments. Special event applications can be found at www.fh.az.gov/specialevents.
Fountain Hills Facility Reservation Guideline
6
PERMIT USE
Permits Requiring a Certificate of Insurance
In addition to a permit, a certificate of insurance (COI) is required for the following:
• Whenever an organized team uses all or a portion of any town recreation facility for a team
practice or game. Each organized team shall obtain its own permit, even if sharing use of the
same facility. For purposes of this section, an organized team means a team that belongs to
a league or other organization that schedules games.
• Whenever any person or group wants to reserve use for physical education, or recreation
based classes, or obtain exclusive use of all or any portion of a town recreation facility.
• Whenever any person or group wants to move any large equipment in a park, set up large
inflatable structures, dunk tanks, tents, generators, climbing walls, amplified music equipment,
portable restrooms, lights, or other equipment or structures in any town recreation facility.
• Whenever any business or service using a facility as a location for the delivery of a program,
service, or contest of any nature. This includes, but is not limited to, any person or entity
providing exercise or fitness training, group or private lessons (ex. tennis, karate, etc.), and
any type of dog training or competition.
All permits shall be revocable for cause by the Community Services Director upon the finding of a
violation of these policies, other Town ordinances, or state statutes.
Insurance requirements can be found online https://www.fh.az.gov/695/Fountain-Hills-Parks
Prohibited Use
• Commercial activities
• Sales promotions
• Unintended Use of space (i.e., playing any sport other than tennis on the tennis courts).
Fountain Hills Facility Reservation Guideline
7
PERMIT USE
Tournament Use
Applications are accepted up to one year in advance and reviewed for approval on a quarterly basis.
For more information and details regarding tournament scheduling, please see
https://www.fh.az.gov/692/Tournament-Inquiries
Non-Tournament/League Use
Applications are accepted six months in advance and are reviewed for prioritized use approval on
a quarterly basis. All organizations and groups requesting priority usage require a formalized
agreement with the Town of Fountain Hills. Groups with a 60% or higher residency have priority
over groups with less than 60% residency. Non-tournament and league use includes sport
organizations involving multiple on-going reservations, sport-specific games, practices, clinics,
camps, etc.
Reservations for Non-Tournament/League use are accepted on the following dates:
• October 1 for reservations March-July
• April 1 for reservations August-December
Reservation requests submitted outside these dates may be considered based on availability.
All non-tournament and league use requires a certificate of insurance as outlined on page 6.
Tennis non-tournament and league use with formal agreements are limited to two hours per day and
three days per week. Weekend use is not permitted for tennis non-tournament and league use.
Fountain Hills Facility Reservation Guideline
8
ATHLETIC FIELDS
The Town of Fountain Hills athletic fields includes baseball, softball, and multi-use fields.
• All ballfield rentals require a 48 hour advance reservation request. All reservation requests
for Friday-Sunday and online requests must be completed by 5:00pm on Thursday.
• All reservations requiring a special service such as: ball field preparation, equipment
delivery, etc. must be reserved at least 48 hours in advance (i.e. if a reservation request is
made on a Monday it is not available until Wednesday). The last day to request a special
service is 5:00pm on the Thursday prior to a Saturday/Sunday/Monday.
• Ball fields at Golden Eagle Park are locked and require a reservation. No drop-in play is
available. Ballfields and multi-use fields at Four Peaks Park and Desert Vista Park are open
as a first come, first serve basis. Organized groups using the fields on a regular basis
require a permit.
Athletic Rental Fees (or as listed in the current fee schedule) Two hour minimum is required
Field Resident-$15/hour Non-resident-$22.50/hour
Lights Resident-$10/hour Non-residents-$10/hour
Field Prep (ballfields only) Resident $25/each Non-resident $25/each
*Includes field dragging, water, line batter’s box, foul lines, and bases
Ballfields
Golden Eagle Park- 4
Four Peaks Park- 2
Multi-Fields
Four Peaks Park – 1
Desert Vista Park – 3
Fountain Hills Facility Reservation Guideline
9
RAMADA
The Town of Fountain Hills offer Ramada’s at our four parks. To ensure exclusivity, it is highly
recommended that customers obtain a permit through the reservation process for the desired date and
time. Ramada’s that are not booked are available on a first come, first serve basis.
Rates listed below are hourly rates. All reservations require a two hour minimum and must include both
set up and tear down in your reservation time.
Desert Vista Park Size # of Tables Resident Non-resident
Coyote Small 2 $10 $15
Javelina Medium 4 $15 $22.50
Fountain Park Size # of Tables Resident Non-resident
Chuparosa Small 3 $10 $15
Golden Barrel Small 3 $10 $15
Kiwanis Small 3 $10 $15
Ironwood Small 3 $10 $15
Red Yucca Small 3 $10 $15
Four Peaks Park Size # of Tables Resident Non-resident
Mesquite Small 4 $10 $15
Golden Eagle Park Size # of Tables Resident Non-resident
Cottonwood Small 4 $10 $15.00
Ocotillo Medium 7 $15 $22.50
Saguaro Large 16 $20 $30
Fountain Hills Facility Reservation Guideline
10
SPORT COURTS
The Town of Fountain Hills offers the following sport courts for reservation and on a first come, first
serve basis. Tennis courts can be reserved for a maximum of two hours per resident. Residents can
reserve 1 court at a time. Organizations with formal agreements may reserve more than 1 court at a
time. Commercial activity is not permitted on the tennis courts. All activity and/or sports other than
tennis are not permitted use on the courts.
Tennis
• Golden Eagle Park- 4
• Four Peaks Park -2
Volleyball
• Golden Eagle -2
Basketball
• Four Peaks Park-1
• Golden Eagle Park -2
Fountain Hills Facility Reservation Guideline
11
SPECIAL EVENTS
Special events such as festivals, contests, parades, demonstrations, carnivals, runs, etc. require
a special event application. If you are planning an event, your special event application, with all
fees, must be submitted no later than 60 days before your event. New or larger events or
events will need additional time, so please plan accordingly.
Answering a few simple questions may help you determine if you need to apply for a Special
Event Permit. You can either follow the Special Event Flow Chart online or feel free to contact
our event manager at 480-816-5170 who will be happy to assist you with evaluating the need
for a permit.
Fountain Hills Facility Reservation Guideline
12
PARK MAPS
Desert Vista Map
Fountain Hills Facility Reservation Guideline
13
PARK MAPS
Fountain Park Map
Fountain Hills Facility Reservation Guideline
14
PAK MAPS
Four Peaks Park Map
Fountain Hills Facility Reservation Guideline
15
PARK MAPS
Golden Eagle Park Map
Fountain Hills Facility Reservation Guideline
16
PARK MAPS
Avenue of the Fountains Park Map
Fountain Hills Facility Reservation Guideline
17
PARK RULES
1. Park hours are from 6:00 a.m. to 11:00 p.m.
2. Vehicles left at any park after 11:00 p.m. will be towed.
3. No alcoholic beverages without a permit.
4. No glass containers.
5. No pets without a leash that is hand held and pets must be on the leash, not to exceed six feet
in length at all times. Owners must clean up after pets.
6. No golfing.
7. No unauthorized vehicles outside of parking areas.
8. No open fires or overnight camping.
9. No firearms or weapons, except as authorized by Arizona law.
10. Do not destroy plants, grass, trees or equipment.
11. No model aircraft or unmanned aircraft, except at Desert Vista Park in designated areas and
only when the park is not in use by others.
12. No unauthorized vendors.
13. Specific facilities may be reserved by obtaining a permit from the Community Services
Department.
14. Violators of the law and park rules will be prosecuted.
15. Swimming, fishing, and boating are prohibited at Fountain Park Lake.
16. Use of tobacco, electronic cigarettes, or vapor pens within parks is prohibited except in parking
areas. (Ordinance No. 18-08)
17. All park patrons will abide by any additional park rules specific to each park.
ITEM 8.
TOWN OF FOUNTAIN HILLS
STAFF REPORT
Meeting Date: 09/21/2020 Meeting Type: Community Services Advisory Commission
Agenda Type: Submitting Department: Community Services
Prepared by: Jamie Salentine, Executive Assistant
Staff Contact Information: Rachael Goodwin, Community Services Director
Request to Community Services Advisory Commission (Agenda Language): DISCUSSION AND
RECOMMENDATION on Control of Dogs to Prevent Nuisances
Staff Summary (Background)
A Town resident contacted the Mayor regarding animals urinating along the Avenue of the Fountains,
specifically dogs, and particularly on structures and features such as benches. As a result, the
Community Services Department was requested to bring this item to the CSAC meeting for discussion
and recommendation.
Staff has provided the current Town Code on animal control and enforcement including the related
Arizona Revised Statues (A.R.S.). Also, the resident provided the City of New York’s Health Code specific
to animal nuisances and the control of dogs and other animals to prevent nuisance. In addition, staff
reached out to the Arizona Municipal Clerk’s Association network via email requesting for an ordinance
relating to curbing your animal. Although only three (3) municipalities responded (Town of Florence,
Town of Wickenburg, and Bullhead City) none had that specific type of ordinance. They did confirm that
our Town’s Codes are consistent with theirs, such as leash law, dog at large, and proper waste disposal.
Options for the CSAC to consider:
1. Recommend language from the provided example and adopt a fine structure. This option would
require Council adoption along with adding a new fine structure and determining how to enforce this
code.
2. Implement a public awareness campaign by utilizing the Community Relations Manager, social
medial, town publications, and signage on curbing your pet and encouraging good behavior.
Attachments
Town Code
Example - City of New York Code
Example - Sign
Form Review
Form Started By: Jamie Salentine Started On: 09/17/2020 11:40 AM
Final Approval Date: 09/17/2020
Section 6-2-1 Definitions
In this chapter unless the context otherwise requires:
A. "Animal" means any animal of a species that is susceptible to rabies, except man.
B. "At large" means on or off premises of owner and not under control of owner or other person acting for the
owner. A dog shall not be deemed at large for the purposes of this section:
1. If the dog is restrained by a leash, chain, rope or cord of sufficient strength to control the action of the
dog; or
2. If the dog is in a suitable enclosure that actually confines the dog; or
3. If the dog is within the confines of a Town-owned park that is designated as an off-leash recreational
facility; or
4. While the dog is being exhibited at a Town-approved show or other Town-sponsored event; or
5. While on the dog owner’s property, the dog is under the direct and immediate control of the owner.
C. "County pound" means any establishment authorized by the Maricopa County Board of Supervisors for the
confinement, maintenance, safekeeping and control of dogs and other animals that come into the custody of the
enforcement agent.
D. "Department" means the Arizona Department of Health Services.
E. "Dog" means a member of the canis familiaris family.
F. "Enforcement agent" means the Town manager or the Town manager’s designee who is responsible for the
enforcement of this article and the regulations promulgated thereunder.
G. "Impound" means the act of taking or receiving into custody by the enforcement agent any dog or other
animal for the purpose of confinement in a county pound in accordance with the provisions of this article.
H. "Kennel" means an enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors
or maintains five or more dogs under controlled conditions.
I. "Livestock" means neat animals, horses, sheep, goats, swine, mules and asses.
J. "Owner" means any person keeping an animal other than livestock for more than six consecutive days.
K. "Rabies quarantine area" means any area in which a state of emergency has been declared to exist due to the
occurrence of rabies in animals in or adjacent to this area.
L. "Rabies vaccination certificate" means a method of recording and duplicating rabies information that is in
compliance with the enforcement agent’s licensing system or enforcement agent’s prescribed forms.
6-2-1 Definitions | Fountain Hills Town Code Page 1 of 2
The Fountain Hills Town Code is current through Ordinance 20-12, passed June 16, 2020.
The Fountain Hills Town Code is current through Ordinance 20-12, passed June 16, 2020.
Disclaimer: The town clerk’s office has the official version of the Fountain Hills Town Code. Users should contact
the town clerk’s office for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using
one of the following browsers: Google Chrome, Firefox, or Safari.
Town Website: www.fh.az.gov
Code Publishing Company
M. "Stray dog" means any dog three months of age or older running at large that is not wearing a valid license
tag.
N. "Vaccination" means the administration of an anti-rabies vaccine to animals by a veterinarian.
O. "Veterinarian", unless otherwise indicated, means any veterinarian licensed to practice in this state or any
veterinarian employed in this state by a governmental agency.
P. "Veterinary hospital" means any establishment operated by a veterinarian licensed to practice in this state
that provides clinical facilities and houses animals or birds for dental, medical or surgical treatment. A veterinary
hospital may have adjacent to it or in conjunction with it, or as an integral part of it, pens, stalls, cages or kennels
for quarantine, observation or boarding.
Q. "Vicious animal" means any animal of the order carnivora that has a propensity to attack, to cause injury to or
to otherwise endanger the safety of human beings without provocation or that has been so declared after a
hearing before a justice of the peace or a city or town magistrate. (20-11, Amended, 06/16/2020; 18-05, Amended,
04/17/2018; 13-07, Amended, 06/06/2013; 06-08, Amended, 02/02/2006; 03-21, Amended, 12/18/2003)
6-2-1 Definitions | Fountain Hills Town Code Page 2 of 2
The Fountain Hills Town Code is current through Ordinance 20-12, passed June 16, 2020.
The Fountain Hills Town Code is current through Ordinance 20-12, passed June 16, 2020.
Disclaimer: The town clerk’s office has the official version of the Fountain Hills Town Code. Users should contact
the town clerk’s office for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using
one of the following browsers: Google Chrome, Firefox, or Safari.
Town Website: www.fh.az.gov
Code Publishing Company
Section 6-2-2 Powers and Duties of the Enforcement Agent
A. The enforcement agent shall:
1. Enforce the provisions of this article and any regulations promulgated by the council.
2. Issue citations for the violation of the provisions of this article. The procedure for the issuance of notices to
appear shall be as provided for peace officers in A.R.S. § 13-3903, except that the enforcement agent shall not
make an arrest before issuing the notice.
B. In addition to all powers granted to the state and the county, the local enforcement agent may declare a
rabies quarantine area within the Town’s jurisdiction. When a quarantine area has been declared, the
enforcement agent shall meet with the state veterinarian and representatives from the Arizona Department of
Health Services and the game and fish department to implement an emergency program for the control of rabies
within that area. Any regulations restricting or involving the movements of livestock within that area shall be
subject to approval by the state veterinarian.
C. The issuance of citations pursuant to this section shall be subject to the provisions of A.R.S. § 13-3899. (18-05,
Amended, 04/17/2018)
6-2-2 Powers and Duties of the Enforcement Agent | Fountain Hills Town Code Page 1 of 1
The Fountain Hills Town Code is current through Ordinance 20-12, passed June 16, 2020.
13-3903. Notice to appear and complaint
A. In any case in which a person is arrested for a misdemeanor offense or a petty
offense, the arresting officer may release the arrested person from custody in lieu of
taking the person to a law enforcement facility by use of the procedure prescribed in
this section.
B. At any time after taking a person arrested for a misdemeanor offense or a petty
offense to a law enforcement facility, the arresting officer, instead of taking the person
to a magistrate, may release the person from further custody by use of the procedure
prescribed in this section.
C. If a person is arrested for a misdemeanor offense or a petty offense and the offense
is listed in section 41-1750, subsection C, the person shall not be released pursuant to
this section until the person provides either a fingerprint or a two fingerprint
biometric-based identifier to the arresting agency. The arresting agency shall provide
to the arrested person a mandatory fingerprint compliance form that includes
instructions on reporting to the arresting agency for ten-print fingerprinting, including
available times and locations for reporting for ten-print fingerprinting.
D. In any case in which a person is arrested for a misdemeanor offense or a petty
offense, the arresting officer may prepare in quadruplicate a written notice to appear
and complaint, containing the name and address of the person, the offense charged,
and the time and place where and when the person shall appear in court, provided:
1. The time specified in the notice to appear is at least five days after arrest.
2. The place specified in the notice shall be the court specified in section 13-3898.
3. The arrested person, in order to secure release as provided in this section, shall give
his written promise so to appear in court by signing at least one copy of the written
notice and complaint prepared by the arresting officer. The officer shall deliver a
copy of the notice and complaint to the person promising to appear. Thereupon, the
officer shall forthwith release the person arrested from custody.
4. The officer, as soon as practical, shall deliver the original notice and complaint to
the magistrate specified therein. Thereupon, the magistrate shall promptly file the
notice and complaint and enter it into the docket of the court.
E. The Arizona traffic ticket and complaint may be utilized not only for the purposes
provided by Arizona supreme court rule, but to satisfy the requirements of this
section.
F. If a person gives his written promise to appear in court on a designated date
pursuant to this section, and thereafter fails to appear, personally or by counsel, on or
before that date, the court clerk or other court staff shall file a complaint, in writing,
under oath, charging the defendant with a violation of section 13-2506, subsection A,
paragraph 2 and issue a warrant for the defendant's arrest.
G. If the person has not previously been arraigned, on the person's appearance in court
for arraignment on the charge of violating section 13-2506, subsection A, paragraph
2, the court shall also arraign the person on the charge stated in the notice to appear
and complaint for which the person had previously promised to appear.
H. This section does not affect a peace officer's authority to conduct an otherwise
lawful search incident to his arrest even though the arrested person is released before
being taken to the police station or before a magistrate pursuant to this section.
13-3899. Complaint need not be verified
A. Complaints stating misdemeanor charges laid before a magistrate under the
provisions of section 13-3898, or filed with the magistrate under the provisions of
section 13-3903 need not be sworn to if they contain a form of certification by the
arresting officer in substance as follows: "I hereby certify that I have reasonable
grounds to believe and do believe that the person cited herein committed the offense
described herein contrary to law."
B. A false certification under the provisions of subsection A of this section shall
constitute perjury.
1
ARTICLE 161
ANIMALS
§161.01 Wild and other animals prohibited.
(a)(1) Prohibitions; exceptions. No person shall sell or give to another person, possess,
harbor, keep, or yard wild or other animals identified in this section or in regulations promulgated by the Commissioner pursuant to subdivision (e) of this section other
than in:
(i)a zoological park or aquarium operated by the Department of Parks, by the
Wildlife Conservation Society, or by the Staten Island Zoological Society; or
(ii) a laboratory operated pursuant to §504 of the Public Health Law; or(iii) a veterinary hospital or other veterinary or medical facility where veterinary
care is provided for such animals; or
(iv) a temporary exhibit, performan or display that has been issued a permit by the
Commissioner.
(2)Permits. Persons who own, operate, manage or control any premises, businesses oractivities in which such animals will be exhibited or displayed, or persons who
propose to exhibit or display such animals, including, but not limited to, in a rodeo,
circus or other performance, petting zoo, farm museum, school or similar institution,
or for a film, television, photographic or other production or a media or non-media
event, or for commercial, educational or other purposes, must obtain a permit issuedby the Commissioner.
(A)The Commissioner may impose reasonable conditions and time limits on such
exhibitions, usages or displays when issuing such permits, including requiring
proof of insurance and a showing that places where animals are to be exhibited,
used or displayed have protective devices that the Department is satisfied willprevent animals from escaping or injuring the public.
(B)All animals exhibited or displayed shall have received all species appropriate
immunizations and have been tested for zoonotic diseases in accordance with
federal and state law and guidelines, and recommendations of the Association of
Zoos and Aquariums, or other recognized animal health authorities. TheCommissioner may prohibit the use, display or exhibition of an animal that, in the
opinion of the Commissioner, carries an unreasonable risk of exposing persons to
zoonotic diseases or physical harm.
(C)An application for a permit to exhibit, use or display animals shall be submitted to
the Department at least ten (10) business days prior to the arrival of such animalsinto New York City in preparation for such exhibition, use or display by the
person or entity that proposes to exhibit, use or display such animals or the person
in control of the premises where such animals will be exhibited, used or
displayed.
(D)Any animal of a species for which a rabies vaccine licensed and approved by theUSDA is available shall be currently vaccinated against rabies in accordance with
the vaccine manufacturer's instructions sufficiently in advance of any permit
being issued for its exhibition, use or display, so that such vaccine shall be
effective at the time of the animal's exhibition, use or display.
(E)The Department may impose a fee to cover its costs in issuing such permits.
EXAMPLE CITY OF NEW YORK
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(b)For the purposes of this Code, a wild animal is deemed to be any animal which isnaturally inclined to do harm and capable of inflicting harm upon human beings and allsuch animals are hereby prohibited pursuant to subdivision (a) of this section. Such
animals shall also include: (i) any animals specified by the Commissioner in regulations
promulgated pursuant to this section; (ii) any native or exotic wildlife whose possession
or sale is prohibited because they are designated as protected or endangered pursuant toany federal, state or local law, regulation, or rule; and (iii) any of the following animals:(1)All dogs other than domesticated dogs (Canis familiaris), including, but not limited
to, wolf, fox, coyote, hyaena, dingo, jackal, dhole, fennec, raccoon dog, zorro, bush
dog, aardwolf, cape hunting dog and any hybrid or cross-breed offspring of a wild
dog and domesticated dog.(2)All cats other than domesticated cats (Felis catus), including, but not limited to, lion,tiger, leopard, ocelot, jaguar, puma, panther, mountain lion, cheetah, wild cat, cougar,
bobcat, lynx, serval, caracal, jaguarundi, margay and any hybrid or cross-breed
offspring of a wild cat and domesticated or other cat.
(3)All bears, including polar, grizzly, brown and black bear.(4)All fur bearing mammals of the family Mustelidae, including, but not limited to,weasel, marten, mink, badger, ermine, skunk, otter, pole cat, zorille, wolverine, stoat
and ferret.
(5)All Procyonidae: All raccoon (eastern, desert, ring-tailed cat), kinkajou, cacomistle,
cat-bear, panda and coatimundi.(6)All carnivorous mammals of the family Viverridae, including, but not limited to,civet, mongoose, genet, binturong, fossa, linsang and suricate.
(7)All bats (Chiroptera).
(8)All non-human primates, including, but not limited to, monkey, ape, chimpanzee,
gorilla and lemur.(9)All squirrels (Sciuridae).(10)Reptiles (Reptilia). All Helodermatidae (gila monster and Mexican beaded lizard); all
front-fanged venomous snakes, even if devenomized, including, but not limited to, all
Viperidae (viper, pit viper), all Elapidae (cobra, mamba, krait, coral snake), all
Atractaspididae (African burrowing asp), all Hydrophiidae (sea snake), allLaticaudidae (sea krait); all venomous, mid-or rear-fanged, Duvernoy-glandedmembers of the family Colubridae, even if devenomized; any member, or hybrid
offspring of the family Boidae, including, but not limited to, the common or green
anaconda and yellow anaconda; any member of the family Pythonidae, including, but
not limited to, the African rock python, Indian or Burmese python, Amethystine orscrub python; any member of the family Varanidae, including the white throatedmonitor, Bosc's or African savannah monitor, Komodo monitor or dragon, Nile
monitor, crocodile monitor, water monitor, Bornean earless monitor; any member of
the family Iguanidae, including the green or common iguana; any member of the
family teiidae, including, but not limited to, the golden, common, or black and whitetegu; all members of the family Chelydridae, including snapping turtle and alligatorsnapping turtle; all turtles and tortoises with a carapace length of less than four (4)
inches; and all members of the order Crocodylia, including, but not limited to,
alligator, caiman and crocodile.
(11)Birds and Fowl (Aves): All predatory or large birds, including, but not limited to,eagle, hawk, falcon, owl, vulture, condor, emu, rhea and ostrich; roosters, geese,
EXAMPLE CITY OF NEW YORK
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ducks and turkeys prohibited or otherwise regulated pursuant to §161.19 of this Code, the Agriculture and Markets Law or applicable federal law. (12)All venomous insects, including, but not limited to, bees other than non-aggressive
honey bees (Apis mellifera), hornet and wasp. Persons keeping honey bees shall file a
notice with the Department, on a form provided or approved by the Department,
containing the beekeeper's name, address, telephone, e-mail and fax numbers,emergency contact information, and location of the hive, and they shall notify theDepartment within ten business days of any changes to such information. Beekeepers
shall adhere to appropriate beekeeping practices including maintaining bee colonies
in moveable-frame hives that are kept in sound and usable condition; providing a
constant and adequate water source; locating hives so that the movement of bees doesnot become an animal nuisance, as defined in §161.02 of this Article; and shall beable to respond immediately to control bee swarms and to remediate nuisance
conditions.
(13)Arachnida and Chilopoda: All venomous spiders, including, but not limited to,
tarantula, black widow and solifugid; scorpion; all venomous arthropods including,but not limited to, centipede.(14)All large rodents (Rodentia), including, but not limited to, gopher, muskrat, nutria,
paca, woodchuck, marmot, beaver, prairie dog, capybara, sewellel, viscacha,
porcupine and hutia.
(15)All even-toed ungulates (Artiodactyla) including, but not limited to, deer, antelope,sheep, pigs, including pot bellied pigs, goats, cattle, giraffe and hippopotamus. Suchprohibition shall not affect persons who keep livestock in accordance with applicable
law.
(16)All odd-toed ungulates (Perissodactyla) other than domesticated horses (Equuscaballus), including, but not limited to, zebra, rhinoceros and tapir.(17)All marsupials, including, but not limited to, Tasmanian devil, dasyure, bandicoot,kangaroo, wallaby, opossum, wombat, koala bear, cuscus, numbat and pigmy, sugar
and greater glider.
(18)Sea mammals (Cetacea, Pinnipedia and Sirenia), including, but not limited to,
dolphin, whale, seal, sea lion and walrus, and any other predatory marine andfreshwater animals and fishes including, but not limited to, sharks and piranhas.(19)All elephants (Proboscides).
(20)All hyrax (Hyracoidea).
(21)All pangolin (Pholidota).
(22)All sloth and armadillo (Edentala).(23)Insectivorous mammals (Insectivora): All aardvark (Tubulidentata), anteater, shrew,otter shrew, gymnure, desman, tenrec, mole and hedge hog.
(24)Gliding lemur (Dermoptera).
(c)In addition to domesticated dogs and cats, an animal may be kept, possessed, harbored or
sold in the City of New York provided that possession of the animal is not otherwiseprohibited by law, including federal, state and local laws regulating domestic animals andlivestock or protecting wildlife and endangered species. Such animals include, but are not
limited to, gerbil, hamster (Mesocricetus auratus), guinea pig, domesticated rabbit and
fowl or small birds such as parakeet, parrot, canary and finch.
(d)An animal whose possession is prohibited pursuant to this section may be seized by anyauthorized employee, officer or agent of the Department or of any other agency of the
EXAMPLE CITY OF NEW YORK
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City of New York, and the Commissioner shall provide for such animal's appropriate disposition. (1)An order issued by the Commissioner pursuant to this section shall contain a notice
that the owner of such animal may, within three business days of receipt of the order,
request an opportunity to be heard with respect to whether the animal is a prohibited
animal and its appropriate disposition. The Commissioner shall provide such anopportunity to be heard as soon as practicable, but no later than 15 days after receiptof such request.
(2)With the written consent of the Department, an owner of any animal whose
possession is prohibited pursuant to this section, may remove such animal to another
jurisdiction where its possession is not prohibited pursuant to any local or other law.(e)The Commissioner may promulgate such regulations as may be necessary to add to thelist in subsection (b) any animal which the Commissioner determines is naturally inclined
to do harm and capable of inflicting bodily harm upon human beings.
(f)If any provision of this section is adjudged invalid by any court of competent jurisdiction,
such judgment shall not affect or impair the validity of the remainder of this section.
§161.02 Definitions.
When used in this article, the following terms shall have the following meaning:
Adoption means the delivery to any natural person eighteen years of age or older, for the
limited purpose of harboring as a pet, a homeless, lost, stray, abandoned, seized, surrendered, or
unwanted animal. Animal behaviorist means a person certified as an applied animal behaviorist or veterinary
behaviorist by the Animal Behaviorist Society or other person with qualifications acceptable to
the Department, who works with pets and their owners to modify animal behavior, provide
socialization training for animals and their owners, and assesses or diagnoses behavioral
pathology in animals. Animal nuisances shall include, but not be limited to, animal feces, urine, blood, body parts,
carcasses, vomitus and pervasive odors; animals that carry or are ill with contagious diseases
communicable to persons or other animals; and dangerous dogs. A beekeeping nuisance shall
mean conditions that include, but not be limited to, aggressive or objectionable bee behaviors,
hive placement or bee movement that interferes with pedestrian traffic or persons residing on or adjacent to the hive premises; and overcrowded, deceased or abandoned hives.
Animal rescue group shall mean a not-for-profit organization, group or unincorporated entity
that accepts unwanted dogs or cats from an animal shelter or other place and attempts to find
homes for, and promote adoption of, such animals by the general public.
Animal shelter or shelter for homeless animals means a not-for-profit facility holding a permit in accordance with §161.09 of this Article where homeless, lost, stray, abandoned, seized,
surrendered or unwanted animals are received, harbored, maintained and made available for
adoption to the general public, redemption by their owners or other lawful disposition, and which
is owned, operated, or maintained by a duly incorporated humane society, animal welfare
society, society for the prevention of cruelty to animals, or other organization devoted to the welfare, protection or humane treatment of animals.
Boarding kennel business or establishment means a facility other than an animal shelter
where animals not owned by the proprietor are sheltered, harbored, maintained, groomed,
exercised, fed, or watered in return for a fee.
EXAMPLE CITY OF NEW YORK
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Cat means a domesticated animal of the species Felis catus kept as a pet, except for any animal that is a hybrid or cross-breed of such species whose possession is prohibited in New York City pursuant to §161.01 of this Article.
Dangerous dog means a dog which menaces, threatens, attacks or bites a person or persons, or
which kills or inflicts physical injury upon any persons, when such persons are peacefully
conducting themselves in any place where they may lawfully be, and any dog owned or harbored for the purpose of dog fighting. A Department record of a bite report made pursuant to §11.03 or of a dog bite or other injury made by a police officer shall be prima facie evidence that a dog is
dangerous.
Dog means a domesticated animal of the species Canis familiaris kept as a pet, but does not
mean any other animal that is a hybrid or cross-breed of such species whose possession is prohibited in New York City pursuant to §161.01 of this Article. Exposure to rabies means a bite or non-bite penetration of the skin; or contamination of an
open wound, abrasion, scratch or mucous membrane with saliva or other potentially infectious
material from an animal subject to rabies.
Grooming parlor, salon, business, or establishment means a facility where animals are presented by their owners for bathing, dipping, clipping, combing, or cleaning for the purpose of improvement of the animal's appearance and or well-being in return for a fee and establishments
which provide facilities for owners to groom their own pets.
Guard dog means a dog which is trained or used for personal protection, area protection,
and/or the apprehension or warding off of an individual by means of barking, threatening gestures, biting, or restraining by the use of its teeth. Guard dog shall not include a police work dog as defined in Agriculture and Markets Law §108 (18), or successor provision.
Hybrid or cross-breed shall mean the offspring produced by two animals of different breeds,
varieties or species.
Lost, stray and homeless animals. For the purpose of determining applicability of the Animal Shelters and Sterilization Act, §§17-801 et seq. of the Administrative Code, lost, stray and homeless animals shall mean any animals owned or formerly owned by residents of the City
of New York, or animals whose owners are unknown, that are brought into or accepted by any
New York City animal shelter by any person for any reason other than for the purpose of
evaluation by an animal behaviorist pursuant to a request of the Department or order of the Commissioner. Operating or in operation. An animal business or facility regulated by this Article is
“operating” or “in operation” if any animals are being harbored or kept on its premises, and
regardless of whether such business or facility if open to the public.
Owner means any person who owns, harbors, possesses, adopts, cares for or keeps an animal. Pet shop means a facility other than an animal shelter where live animals are sold, exchanged, bartered, or offered for sale as pet animals to the general public at retail for profit. A pet shop
shall not mean a pet dealer exclusively selling dogs and cats that is subject to Article 26-A of the
Agriculture and Markets Law. However, a pet shop where animals other than, or in addition to,
dogs and cats are sold shall hold a pet shop permit issued by the Commissioner and shall comply with all other applicable provisions of this Code and other applicable law. Severe injury, with respect to an injury inflicted by a dog, means any physical injury inflicted
by such dog upon a person that causes at least a broken bone or a disfiguring laceration requiring
either multiple stitches or cosmetic surgery.
Small animal means a companion animal such as a dog, cat, fish, bird, rabbit, reptile, gerbil, hamster or other animal whose possession is not prohibited by §161.01 of this Article.
EXAMPLE CITY OF NEW YORK
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Stable for horses means a building where one or more horses are housed and/or maintained. State Sanitary Code shall mean Chapter 1 of Title 10 of the Codes, Rules and Regulations of the State of New York, or successor rules.
Training establishment for small animals means a facility where small animals, whether or
not belonging to the owner or employee of such facility, are trained for any purpose in return for
a fee.
§161.03 Control of dogs and other animals to prevent nuisance.
(a)A person who owns, possesses or controls a dog, cat or other animal shall not permit the
animal to commit a nuisance on a sidewalk of any public place, on a floor, wall, stairway
or roof of any public or private premises used in common by the public, or on a fence,
wall or stairway of a building abutting on a public place.
(b)Notices of violation for failure to comply with this section may be issued by anyauthorized employee, officer or agent of the Department, or of the Departments of
Sanitation and Parks and Recreation, or successor agencies.
§161.04 Dog licenses.
(a)License required. A dog license obtained in accordance with Chapter 115 of the New
York State laws of 1894, as amended, shall be issued by the Department to every personwho owns, possesses, keeps, harbors, adopts, purchases, or cares for a dog in New York
City for each dog owned, possessed or controlled by such person, except that an animal
shelter shall not be required to obtain a license for any dog kept by such shelter and an
animal rescue group shall not be required to obtain a license for any dog harbored by
such group for less than six months.(b)License tag required in public. Every person who owns, possesses or controls a dog shall
not permit it to be in any public place, or in any open or unfenced area abutting on a
public place, unless the dog has a collar about its neck with a currently valid metal tag
attached thereto bearing the number of the license obtained for such dog in accordance
with Chapter 115 of the Laws of 1894 of the State of New York, as amended orsubdivision (c) of this section.
(c)Animal rescue groups. Animal rescue groups shall provide an animal shelter from which
they obtain dogs or cats with proof acceptable to such shelter that the persons adopting
dogs through their efforts have purchased licenses for such dogs.
(d)Sales of licenses authorized. Licenses may be sold by the Department in any manner thatis not prohibited by law. The Department may authorize other persons to sell such
licenses, upon such terms and conditions as it deems necessary to promote the sales of
licenses. The Department may accept license applications and sell licenses electronically,
and may impose a surcharge to cover the actual additional costs of selling licenses
electronically, if any, including costs imposed by credit card issuers.(e)Enforcement. Notices of violation for failure to comply with this section may be issued by
any authorized employee, officer or agent of the Department, the Department of
Sanitation, the Department of Parks and Recreation, or successor agencies, or by special
patrolmen or patrolwomen who have been delegated such duties by their employers.
§161.05 Dogs to be restrained.
(a)Except as specified in subdivision (b) of this section, a person who owns, possesses or
controls a dog shall not permit it to be in any public place or in any open or unfenced area
EXAMPLE CITY OF NEW YORK
Please Curb Your Pet At The Sidewalk Sign NHE-17033 Pets / Pet Waste
https://www.compliancesigns.com/...pet-waste?gs=8.00&gclid=EAIaIQobChMI_b_FrKbN6wIVOeaGCh3nFwumEAQYBSABEgIujvD_BwE[9/3/2020 8:30:17 AM]
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