HomeMy WebLinkAboutRes 2018-30RESOLUTION NO. 2018-30
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF FOUNTAIN
HILLS, MARICOPA COUNTY, ARIZONA, APPROVING AN
INTERGOVERNMENTAL AGREEMENT WITH MARICOPA COUNTY
RELATING TO BASIC ANIMAL CONTROL SERVICES.
WHEREAS, the Mayor and Town Council of the Town of Fountain Hills (the
"Town") acknowledge the need for animal control services within the Town; and
WHEREAS, Maricopa County, a political subdivision of the State of Arizona
("County"), maintains facilities, equipment, and trained personnel for the
provision of animal control services; and
WHEREAS, the Town desires to coordinate with County for the provision of
animal control services within the Town.
BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF
FOUNTAIN HILLS as follows: 9
SECTION 1. That the Town, through its Mayor and Council, hereby approves the
Intergovernmental Agreement (the "Agreement"), in substantially the form
attached hereto as Exhibit A.
SECTION 2. The Town hereby authorizes the expenditure of funds for basic animal control
services, as more specifically detailed in the Agreement.
SECTION 3. The Mayor, the Town Manager, the Town Clerk and the Town Attorney are
hereby authorized and directed to cause the execution of the Amendment and to
take all steps necessary to carry out the purpose and intent of this Resolution.
[Signatures on following page]
PHOENIX 77018-14687200
PASSED AND ADOPTED by the Mayor and Council of the Town of Fountain Hills,
Maricopa County, Arizona, this 19°i day of June, 2018.
FOR THE TOWN OF FOUNTAIN HILLS:
�.4-1,.11 � x..1
REVIEWED BY:
V �•
Grady E. Mill t,
T wn Manager
PHOENIX 77018-1 468720vi
ATTESTED TO:
APPROVED AS TO FORM:
Mit e , Interim Town Attorneys
c ' son nght PLLC
EXHIBIT A
TO
RESOLUTION NO, 2018-30
[INTERGOVERNMENTAL AGREEMENT FOR
BASIC ANIMAL CONTROL SERVICES
BETWEEN MARICOPA COUNTY, ARIZONA
AND THE
TOWN OF FOUNTAIN HILLS]
See following pages.
PHOENIX 77018-1468720VI
INTERGOVERNMENTAL
AGREEMENT
July 1, 2018 through June 30, 2021
AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES
Town of Fountain Hills Contract No. 02019-011
AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES
This Intergovernmental Agreement (Agreement*) is entered into by and between Maricopa County,
administered through Maricopa County Animal Care and Control CCOUNTY") and the Town of Fountain Hills
("TOWN'). The COUNTY and TOWN may be referred to individually as'Partr or collectively as *Parties
RECITALS
A. The COUNTY maintains facilities, equipment, and trained personnel for provision of animal control
services;
B. The COUNTY is authorized to enter Into this Agreement by A.R.S. § § 11-201, 11-952,11-1005;
C. The TOWN is authorized to enter into this Agreement pursuant to A.R.S. § 11-952;
D. The COUNTY is In need of animal control services and desires to enter into this Agreement with the
COUNTY for Basic Animal Control Services (as defined herein); and
E. The TOWN and COUNTY desire to enter into this Agreement to establish the Parties' rights and
responsibilities with respect to the services.
NOW, THEREFORE, in consideration of the foregoing recitals, which are Incorporated herein by reference,
the following mutual covenants and conditions and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
GENERAL PROVISIONS
1. Definitions:
Afterhoum operations: Refers to the hours of 10 p.m. to 8 a.m. seven days a week and all County Observed
Holidays.
Aggressive Dog: Any dog that has bitten a person or domestic animal without provocation or that has a known
history of attacking persons or domestic animals without provocation.
Animal: Refers generally to dogs, but may also include cats that have bitten a human.
Animal Control ordinance: Maricopa County Animal Control Ordinance and the Fountain Hills Town Code
Chapter 6 Animals, Article 6-2, Sections 6-2-1 through 6-2-9 attached hereto as Appendix E.
Animal At -Large: Dog that is not contained by an enclosure or physically restrained by a leash.
Animal Control Services: Includes:
a. control or impound of Animals At -Large; and
b. enforcement of licensing and rabies vaccination laws and ordinances; and
C. rabies surveillance and Impound of dogs and cats who have bitten a human.
Bile Animal At -Large: A dog or cat that has bitten a human.
County observed Holidays: Holidays identified on Appendix D.
PAGE 2 OF 1 l
PHOENIX 77018-1 468884v2
Town of Fountain Hills Contract No. 02019-011
Basic Animal Control Services: Basic animal control services performed within the response periods
prescribed for priority dispatch In Appendices B & C. Providing adequate staffing to respond to no less than
90% of calls for service. .
Normal Hours of operation: Refers to the hours of 8 a.m. to 5 p.m. seven days a week except County
Observed Holidays.
Limited operations Hours: Refers to the hours of 5 p.m. to 10 p.m. seven days a week except County
Observed Holidays.
Priority 1 Dispatch: Request for service from the police or fire departments or calls from the public
Involving a Site Animal At -Large.
Priority 2 Dispatch: Request for service involving an Animal At -Large on school property while school is
in session; Aggressive Dogs or injured or sick Stray Dogs In imminent harm.
Priority 3 Dispatch:- Request for service to impound stray dogs and to quarantine and investigate dog and
cat bites to human; confined strays at business or private home; citizen request contact with officer to
provide information on Stray Dog issue.
Priority 4 Dispatch: Request for service to enforce license or leash laws.
Response Time: The time within which the COUNTY will respond to a call for service which varies based
on the time of the call and the priority assigned to the call.
Stray Dogs: Means any dog three months of age or older running at large that is not wearing a valid license
tag.
2. Term:
The terns of this Agreement is from July 1, 2018 through June 30, 2019 rinitial Term°). This Agreement is
effective upon full execution of the Parties.
3. Renewal:
This Agreement may be renewed for up to two successive three-year terms by the mutual agreement of the
Parties, subject to availability and appropriation of funds for renewal. Any extension, modification or
amendment to this Agreement shall be approved by both Parties in writing.
4. Amendment:
This Agreement supersedes all previous Agreements between the Parties concerning Animal Control Services.
Nothing in this Agreement may be modified or waived except by prior written amendment, duly executed by
both Parties.
5. Termination:
Either party may, with or without cause, terminate this Agreement by giving the other Party sixty (60) days prior
written notice of such termination. Upon termination of this Agreement, all property used in performing services
under this Agreement shall be returned promptly to the Party owning or having the right to possess the same.
6. Insurance:
The Parties agree to secure and maintain sufficient insurance coverage for any and all risks that may arise out
of the terms, obligations, operations, and actions as set forth in this Agreement, including but not limited to
public entity insurance. The acquisition of Insurance or the maintenance and operation of a self insurance
PAGE 3 OF 1 l
PHOENIX 77018-1 46868M
Town of Fountain Hills Contract No. C2019-011
program may fulfill the insurance requirement.
7. Record Keeping and Audits:
The Parties agree to maintain and furnish to each other such records and documents pertaining to the services
provided pursuant to this Agreement as may be required by this Agreement and any applicable Federal and
State laws, rules and regulations. Each Party, prior to conducting an audit, must give one hundred and twenty
('120) calendar days notice to the other Party. Notice shall be given as provided in Section 15(E).
S. Default:
In the event of non-payment byTOWN this Agreement shall be terminated and COUNTY obligations hereunder
shall immediately cease.
9. County Reporting obligations:
COUNTY shall provide TOWN with quarterly routine statistical and/or management reports which
provided the following information: the number of calls, the date and time the call was received, incident
address or area, descriptor (stray/dangerous), and disposition of the call conceming the services provided
pursuant to this Agreement.
10. Amendments to Ordinances:
By this Agreement, the COUNTY has agreed to provide enforcement of the Animal Control Ordinances. If
the TOWN changes its Ordinance, the COUNTY may at its option, decline to enforce the changes to the
Animal Control ordinance or enter into a written amendment adding enforcement of such changes which
may include modification of service and additional payment terms
11. Conflict of Interest:
Pursuant to the provisions of A.R.S. § 38-511, either Party may cancel the Agreement, without penalty or
obligation, if any person significantly involved in Initiating, negotiating, securing, drafting, or creating the
Agreement on behalf of that Party is at any time while the Agreement or any extension thereof is In effect an
employee of any other Party to the Agreement with respect to the subject matter of the Agreement
12. Indemnification:
To the extent permitted by law, the COUNTY and the Madcopa County Animal Care and Control
("Departmenr) do hereby covenant and agree to indemnify, defend and hold harmless the TOWN, its
officers, employees, contractees and agents from and against any and all suits, actions, legal or
administrative proceedings, claims, demands or damages of any kind or nature relating to this Agreement
which are the result of any act or omission of the COUNTY and the Department, its officers, employees,
contractees, agents and anyone acting under its direction or control, whether intentional or negligent, in
connection with or Incident to this Agreement.
To the extent permitted by law, the TOWN does hereby covenant and agree to indemnify, defend and hold
harmless the COUNTY, its officers, employees, contractees and agents from and against any and all suits,
actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to
this Agreement which are the result of any act or omission of the TOWN, its officers, employees, agents
and anyone acting under its direction or control, whether intentional or negligent, in connection with or
Incident to this Agreement.
13. Services:
The COUNTY agrees to provide the Animal Control Services described In Appendix B.
PAGE 4 OF 11
PHOENIX 77018-14686804
Town of Fountain Hills Contract No. 02019-01 l
14. Payment for Services:
The TOWN agrees to pay the COUNTY for services performed under this Agreement in accordance with
Appendix A of this Agreement as may be amended. COUNTY will submit an invoice quarterly for services
to be provided. The TOWN will submit payment to COUNTY within thirty (30) days of receiving of a correct
Invoice. The Town agrees to pay the County $19.698 for the Initial Term of the Agreement. Thereafter, the
TOWN shall pay the COUNTY those fees approved by the Maricopa County Board of Supervisors in
accordance with a formula developed by the Department and the County Office of Management and
Budget, in accordance with Board of Supervisors Budgeting for Results Guidelines, which require full
recovery of the COUNTY's direct and indirect costs. See Appendix A.
'15. General Provisions:
A. Force Majeure: Neither Party shall be responsible for delays or failures in performance resulting
from acts beyond their control. Such acts shall include, but not be limited to, acts of God, riots,
acts of war, epidemics, governmental regulations imposed after the fact, fire, communication line
failures or power failures.
B. This Agreement contains all the terms and conditions agreed to by the Parties. No other
understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed
to exist or to bind any of the Parses hereto.
C. Nothing in this Agreement shall be construed as consent to any suit or waiver of any defense in
a suit brought against the COUNTY or the TOWN In any State or Federal Court.
D. The COUNTY and TOWN warrant they are In compliance with the provisions In A.R.S. § 41-
4401 (e -verify).
E. Notices. Whenever written notice is required or permitted to be given by any Party to the other,
such notice shall have been deemed to have been sufficiently given if personally delivered or
deposited In the United States Mail in a properly stamped envelope, certified or registered mail,
return -receipt -requested, addressed to:
Animal Care and Control:
Finance Division
Madcopa County Animal Care and Control
2500 South 27th Avenue
Phoenix, AZ 85009
Town of Fountain Hills:
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Attn: Grady E. Miller, Town Manager
With a copy to:
Town of Fountain Hills
16705 E. Avenue of the Fountains
Fountain Hills, AZ 85268
Attn: Town Attorney
F. This Agreement shall not be assigned, in whole or in part, without the prior written consent of
the Parties, and any purported assignment in contravention of this provision shall be null and
void.
PAGE S OF 11
PHOENIX 77018-14686804
Town of Fountain Hills Contract No. 02019-011
G. This Agreement shall be construed in accordance with the law of the State of Arizona.
H. Each Party shall comply with all applicable laws, ordinances, Executive Orders, rules,
regulations, standards, and codes of the Federal and State whether or not specifically
referenced herein.
I. The person signing this Agreement warrant that they have full authority to do so and that their
signatures shall bind the Party for which they sign.
IN WITNESS WHEREOF, the parties enter into this Agreement:
MARICOPA COUNTY
BOARD OF SUPERVISORS
By:
Chairman
Attest:
Clerk of the Board
TOWN OF FOUNTAIN HILLS
By:
ipida I . Kava a h, Mayor
This Agreement has been reviewed pursuant to A.R.S. § 11-952 et. seq. by the undersigned attorney, who
has determined that it is in proper form and is within the power and authority granted under the laws of the
State of Arizona.
By:
Attorney for Board of Supervisors
PAGE 6 OF 11
PHOENIX 77018-1 468680v2
By: .
Mites a e -6m Town Attorney
Dic s9 VV'r�i ht PL v
Torn of Fountain Hills Contract No. 02019-011
APPENDIX A
COMPENSATION SCHEDULE ANIMAL CONTROL SERVICES
1. COUNTY Service Level: Basic Animal Control Services
2. Service Cost
July 1, 2018 through June 30, 2019 $19,698
July 1, 2019 through June 30, 2020 $209683
July 1, 2020 through June 30, 2021 $219668
PAGE 7 OF 1 l
PHOENIX 77018-14686804
Town of Fountain Hills Contract No. C2019-011
APPENDIX B
BASIC ANIMAL CONTROL SERVICES
1. The COUNTY shall be responsible for and enforce rabies/animal control all provisions in the Fountain
Hills Town Code Chapter 6 Animals, Article 6-2, and Sections 6-2-1 through 6-2-9 attached hereto as
Appendix E within the geographic boundaries of Fountain Hills and in accordance with the terns of this
Agreement.
2. Minimum Staffing: Staff sufficient to respond to approximately 90% of service requests within the time
prescribed below.
3. Response Times during Ordinary Operation Hours: During Ordinary Operation Hours, the County staff
shall arrive at the scene of an animal control Incident within the time prescribed below based on the
Priority Dispatch classification:
Priority 1 - 1 hour
Priority 2 - 2 hours
Priority 3 - 5 hours
Priority 4 - 6 hours
4. Response Times during Limited Operation Hours: During Limited Operation Hours the County will
respond only to Priority 1 and 2 calls. The County will respond to such calls within 1 and 2 hours of
dispatch, respectively. The County will not respond to Priority 3 and 4 calls received after 5 p.m. until
the commencement of the next Ordinary Operations period. Response times for such calls will be 5
and 6 hours respectively measured from the commencement of the next Ordinary Operation period.
5. After Hour Response Times: After hours, the County will respond to Priority 1 calls involving bite
animals within 3 hours of the dispatch within the geographic boundaries of the Town of Fountain Hills.
PAGE 8 OF 11
PHOENIX 77018-1 4686802
Town of Fountain Hills Contract No. 02019-011
APPENDIX C — HOURS OF OPERATION FOR BASIC ANIMAL CON'T'ROL SERVICES
Zhe facilities and locations specified below and hill
be available during the hours of operation indicated.
Seiv�ceaTtkphone
DAYS & HOURS
OF OPERATION
no.
Regular Operalion Hours: Call Center
Monday — Sunday
8:00 a.m. to
(602)506-7387(public)
5:00 P.M. except
County Observed
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Monday —Sunday
(602)506.7387(pubfic)
likiled Operation Holia: Recording
5:00 P.M. to
10:00 p.m. except
County Observed
Holidays
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After hoary Operation and police urgen y: Dbrel Di rpatch
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24/7 including
(602)506-1309(not
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published) Police Only
PAGE 9 OF 11
PHOENIX 77018-1 46868ov2
Town of Fountain Hills Contract No. C2019-011
APPENDIX D —County Observed Holidays include the following marked days:
PAGE 10 OF 11
PHOENIX 77018-1 48868M
® Veteran's Day
® Thanksgiving Day.
19 Chrisitmas Day
n
(SIcci fy)
New Year's [day
O
\Washington's
®
Memorial Day
❑
Rath
birthday
i-Iashanah
Alantin Luther King
®
President's Day
®
Independence Day
❑
Yom Kippur
)R's Birthday
❑
lancoln's birthday
❑
Good Friday
®
Labor Day
❑
(:nlumbus
Day
OTI IER
HOLIDAYS:
®
Day After
❑
[4oating I Ioliday —
❑
Day Before
❑
Thanksgiving
Christmas
(Specify)
❑
Cesar Chavez Birdidayt
PAGE 10 OF 11
PHOENIX 77018-1 48868M
® Veteran's Day
® Thanksgiving Day.
19 Chrisitmas Day
n
(SIcci fy)
Town of Fountain Hills Contract No. C2019-011
APPENDIX E
ITown of Fountain Dills Cotte, Chapter G, Article 6-21
Scc Mowing pages.
PAGE 11 OF 11
PHOENIX 77018-1 46868Ov2
Fountain Hills Town Code
Article 6-2
RABIESIANIMAL CONTROL LEASH LAW
Sections:
6-2-1 Definitions
6-2-2 Powers and Duties of the Enforcement Agent
6-2-3 License Fees for Dogs; Issuance of Dog Tags; Records; Penalties; Classification
6-24 Anti -Rabies Vaccination; Vaccination and License Stations
6-2-5 Dogs Not Permitted at Large; Nearing Licenses
6-2-6 Impounding and Disposing of Dogs and Cats; Pound Fees
6-2-7 Handling of Biting Animals; Responsibility for Reporting Animal Bites
6.2.8 Unlawful Interference with Enforcement Agent; Unlawful Keeping of Dogs
6-2-9 Violation; Classification; Dogs; Liability
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 it 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. while the dog is being trained or used for hunting purposes; 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 familtaris 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.
Page t of 6
Fountain Hills Town Code
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" weans 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.
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 carnivore 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.
(13-07, Amended, MOM; 06-08, Amended, 02/0212006; 03-21, Amended, 12/18/2003)
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 Dent 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
Page 2 of 6
Fountain Dills Town Code
veterinarian.
C. The issuance of citations pursuant to this section shall be subject to the provisions of A.R.S. § 13-
3899.
Section 6-2-3 License Fees for Dogs; Issuance of Dog Fags; Records; penalties; Classification
A. The owner of a dog shall pay an annual license fee, as established by the enforcement agent, for
each dog three months of age or over that is kept, harbored or maintained within the boundaries of
the town for at least thirty consecutive days of each calendar year. The licensing period shall not
exceed the period of time for revaccination as designated by the state veterinarian. A penalty
amount shall be added to the license fee in the event that application is made subsequent to the date
on which the dog is required to be licensed under the provisions of this article. This penalty shall
not be assessed against applicants who furnish adequate proof that the dog to be licensed has been
in their possession in the town less than thirty consecutive days.
B. Durable dog tags shall be provided. Each dog licensed under the terms of this article shall receive
at the time of licensing, such a tag on which shall be inscribed the name of the County, the number
of the license and the year in which it expires. The tag shall be attached to a collar or harness
which shall be worn by the dog at all times while running at large, except as otherwise provided m
this article. whenever a dog tag is lost, a duplicate tag shall be issued upon application by the
owner and payment of a fee to the enforcement agent.
C. License fees may be set at a rate that is lower for (i) persons over the age of 65, upon groper proof
of age and (ii) dogs permanently incapable of procreation. An applicant for a license for a dog
claimed to be incapable of procreation shall famish adequate proof satisfactory to the enforcement
agent that such dog has been surgically altered to be permanently incapable of procreation.
D. Any person who fails within fifteen days after written notification from the enforcement agent to
obtain a license for a dog required to be licensed, counterfeits or attempts to counterfeit an official
dog tag, or removes such tag from any dog for the purpose of willful and malicious mischief or
places a dog tag upon a dog unless the tag was issued for that particular dog is guilty of a class two
misdemeanor.
(09-08, Amended, 07/02/2009; 06-08, Amended, 02/02/2006; 03-21, Amended, 12118/2003;18-05,Amended, 04/17/2018)
Section 6-24 Anti -Rabies Vaccination; Vaccination and License Stations
A. Before a license is issued for any dog, the owner must present a vaccination certificate signed by a
veterinarian stating the owner's name and address and giving the dog's description, date of
vaccination, and type, manufacturer and serial number of the vaccine used and date revaccination
is due. A duplicate of each rabies vaccination certificate issued shall be transmitted to the.
enforcement agent on or before the tenth day of the month following the month during which the
dog was vaccinated. No dog shall be licensed unless it is vaccinated in accordance with the
provisions of this article.
B. A dog vaccinated in any other state prior to entry into Arizona may be licensed in the town provided
that, at the time of licensing, the owner of such dog presents a vaccination certificate, signed by a
veterinarian licensed to practice in that state or a veterinarian employed by a governmental agency
Page 3 of 6
Fountain Hills Town Code
in that state, stating the owner's name and address and giving the dog's description, date of
vaccination, and type, manufacturer and serial number of the vaccine used. The vaccination must
be in conformity with the provisions of this article.
C. The enforcement agent shall make provisions for vaccination clinics as deemed necessary. The
vaccination shall be performed by a veteriinarian.
Section 6-2.5 Dogs Not Permitted at Large; Wearing Licenses
A. No person shall intentionally, knowingly, recklessly or negligently permit, allow or cause a female
dog during her breeding or mating season or a vicious dog to be at large. For the purposes of this
subsection only, a female dog during her breeding or mating season or a vicious dog shall be
deemed at large if it is not within a suitable enclosure that actually confines the dog, or when such
dog is not within a suitable enclosure, if it is not restrained by a leash, chain, rope or cord of
sufficient strength to control the action of the dog.
B. No person shall intentionally, knowingly, recklessly or negligently permit, allow or cause a dog in
a rabies quarantine area to be at large. while on any owner' s property, each dog shall be confined
within an enclosure on such property, secured so that the dog is confined entirely to the owner' s
property, or otherwise under the direct and immediate control of the owner. when not on the
owner's property, such dog shall be on a leash not to exceed six feet in length and directly under
the owner's control.
CO No person shall intentionally, knowingly, recklessly or negligently permit, allow or cause a dog to
be at large within the town boundaries.
D. The owner of any dog over the age of three months shall not permit, allow or cause such dog to be
outside of a suitable enclosure that actually confines the dog without a collar or harness to which
is attached a valid license tag issued pursuant to this article. Dogs, while being used or trained for
hunting or dogs while being exhibited or trained at a town approved event, and such dogs while
being transported to and frons such events, need not wear a collar or harness with a valid license
attached provided that they are properly vaccinated, licensed and controlled.
E. Any dog at large may be apprehended and impounded by the enforcement agent.
1. Said agent shall have the right to enter upon private property when it is necessary to do so in
order to apprehend any dog that is at large. Such entrance upon private property shall be in
reasonable pursuit of such dog and shall not include entry into a domicile or enclosure which
confines the dog unless it be at the invitation of a person residing thereon.
2. Said agent may issue a citation to the dog owner, person acting for the dog owner, custodian
or other person whom said agent may reasonably believe permitted, allowed or caused the dog
to be at large.
I In the judgment of the enforcement agent, if any dog at large or other animal that is dangerous
or fierce and a threat to human safety cannot be safely impounded, it may be slain.
F. Notwithstanding any other provision of this article, any dog owner, person acting for the dog owner,
custodian or other person who permits, allows or causes a dog to be at large in violation of:
Page 4 of 6
Fountain Hills Town Code
1. Subsection A or B of this section is guilty of a class one misdemeanor.
2. Subsection C or D or this section is guilty of a class three misdemeanor.
(03-21, Amended, 12/18/2003)
Section 6-2-6 impounding and Disposing of Dogs and Cats; Pound Fees
A. That the town has entered into an intergovernmental agreement with the Maricopa County Board
of Supervisors to provide for impounding and disposing of dogs and cats at county pounds.
B. That all fees, charges, rules, regulations and procedures shall be as authorized by law and
implemented by the rules and regulations of Maricopa County.
Section 6-2-7 Handling of Biting Animals; Responsibility for Reporting Animal Bites
A. An unlicensed or unvaccinated dog or cat that bites any person shall be confined and quarantined
in a county pound or, upon request of and at the expense of the owner, at a veterinary hospital for
a period of not less than seven days. A dog properly licensed and vaccinated pursuant to this article
that bites any person may be confined and quarantined at the home of the owner or whenever the
dog is harbored and maintained with the consent of and in a manner prescribed by the enforcement
agent.
B. Any animal other than a dog or cat that bites any person shall be confined and quarantined in a
county pound or, upon request of and at the expense of the owner, at a veterinary hospital for a
period of not less than fourteen days, provided that livestock shall be confined and quarantined for
the fourteen day period in a manner regulated by the Arizona livestock board. If the animal is a
caged rodent, it may be confined and quarantined at the home of the owner or where it is harbored
or maintained, for the required period of time, with the consent of and in a manner prescribed by
the enforcement agent.
C. Any wild animal which bites any person may be killed and submitted to the enforcement agent for
transmission to an appropriate diagnostic laboratory.
D. whenever an animal bites any person, the incident shall be reported to the enforcement agent
immediately by any person having direct knowledge.
E. The enforcement agent may destroy any animal confined and quarantined pursuant to this article
prior to the termination of the minimum confinement period for laboratory examination for rabies
if:
1. Such animal shows clear clinical signs of rabies.
2. The owner of such animal consents to its destruction.
F. Any animal subject to licensing under this article found without a tag identifying its owner shall be
deemed unowned.
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Fountain Hills Town Code
G. The enforcement agent shall destroy a vicious animal upon an order of a justice of the peace or a
town magistrate. A justice of the peace or town magistrate may issue such an order after notice to
the owner, if any, and a hearing.
Section 6-2-5 Unlawful Interference with Enforcement Agent; Unlawful Keeping of Dogs
A. It is unlawful for any person to interfere with the enforcement agent in the performance of his
duties.
B. It is unlawful for a person to keep, harbor or maintain a dog within the town except as provided by
the terms of this article.
Section 6-2-9 violation; Classification; Dogs; Liability
A. Any person who fails to comply with the requirements of this article, or violates any of its
provisions, is guilty of a class two misdemeanor.
B. Injury to any person or damage to any property by a dog while at large shall be the full responsibility
of the dog owner or person responsible for the dog when such damages were inflicted.
PHOENIX 77018-1445484v1
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