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HomeMy WebLinkAboutOrd 1993-23u LJ ORDINANCE NO. 93-23 ON ORDINANCE OF THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA AMENDING THE TOWN CODE CHAPTER 6 ANIMALS, ARTICLE 6-2 RABIES/ANIMAL CONTROL LEASH LAW BY AMENDING SECTIONS 6-2-1 DEFINITIONS, 6-2-4 POWERS, 6-2-5 LICENSE FEES, 6-2-7 VACCINATION, 6-2-9 DOGS NOT PERMITTED AT LARGE, 6-2-10 COUNTY POUNDS, 6-2-11 HANDLING OF BITING ANIMALS, 6-2-13 UNLAWFUL INTER- FERENCE WITH ENFORCEMENT AGENT, 6-2-14 VIOLA- TIONS AND DELETING ARTICLES 6-2-2, 6-2-3, 6-2-6, 6-2-8, 6-2-12, AND 6-2-15 AND DECLARING AN EMERGENCY. WHEREAS, the Town of Fountain Hills and Maricopa County had formally handled all issues of rabies/animal control through an intergovernmental agreement with Maricopa County; and, WHEREAS, the duties of rabies and animal control can now be assumed by the Town Marshal of the Town of Fountain Hills; and, WHEREAS, it is necessary to amend portions of the Town Code in order to establish responsibilities formerly handled by Maricopa County. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS AS FOLLOWS: Section 1. That Section 6-2-1 Definitions of the Town Code is hereby amended to read as follows: Section 6-2-1 Definitions In this article 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. Any dog in a suitable enclosure which actually confines the dog shall not be considered to be running at large. 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. PUbl;�ktd, F.O. i irn� a why Q --Q jD9 _ q3 D. "Department' means the Arizona Department of Health Services. E. "Enforcement agent" means Town Marshal or designee who is responsible for the enforcement of this article and the regulations promulgated thereunder. F. "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. G. "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. H. "Livestock" means neat animals, horses, sheep, goats, swine, mules and asses. "Owner" means any person keeping an animal other than livestock for more than six consecutive days. J. "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. ® K. "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. L. "Stray dog" means any dog four months of age or older running at large that is not wearing a valid license tag. M. "Vaccination" means the administration of an anti -rabies vaccine to animals by a veterinarian. N. "Veterinarian," unless otherwise indicated, means any veterinarian licensed to practice in this state or any veterinarian employed in this state by a governmental agency. O. "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. P. 'Vicious animal" means any animal of the order camivora that has a propensity to bite human beings without provocation and has been so declared after a hearing 0 -2- before a justice of the peace or a town magistrate. ® Section 2. That Town Code Sections 6-2-2 and 6-2-3 are deleted. Section 3. That Section 6-2-4 Powers and Duties of the Enforcement Agent is hereby amended to read as follows: Section 6-2-4 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 Town 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. 3. Be responsible for declaring 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. B. The issuance of citations pursuant to this section shall be subject to the provisions of A.R.S. § 13-3899. Section 4. That Section 6-2-5 License Fees for Dogs; Issuance of Dog Tags; Records; Penalties; Classification is hereby amended to read as follows: Section 6-2-5 License Fees for Dogs; Issuance of Dog Tags; Records; Penalties; Classification A. The Town Council shall set an annual license fee which shall be paid for each dog four 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. License fees shall become payable at the discretion of the Town Council. The licensing period shall not exceed the period of time for revaccination as desig- nated by the state veterinarian. License fees shall be paid within ninety days. A penalty not to exceed four dollars 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 0 -3- 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 by the Town. 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 Town, the number of the license and the date on which it expires. The tag shall be attached to a collar or harness which shall be wom by the dog at all times while running at large, except as otherwise provided in this article. Whenever a dog tag is lost, a duplicate tag shall be issued upon application by the owner and payment of a fee established by the Town Council. C. The Town Council may set license fees that are lower for dogs permanently incapable of procreation. An applicant for a license for a dog claimed to be incapable of procreation shall furnish adequate proof satisfactory to the enforce- ment 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 enforce- ment 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 2 to misdemeanor. Section 5. That Section 6-2-6 is deleted. Section 6. That Section 6-2-7 Anti -Rabies Vaccination; Vaccination and License Stations is hereby amended to read as follows: Section 6-2-7 Anti -Rabies Vaccination; Vaccination and License Stations A. Before a license is issued for any dog, the owner must present a vaccination certi- ficate 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 Fountain Hills provided that, at the time of licensing, the owner of such dog presents a vaccination certificate, signed by a veterinarian licensed to practice in 0 -4- that state or a veterinarian employed by a governmental agency 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 veterinarian. Section 7. That Section 6-2-8 is deleted. Section 8. That Section 6-2-9 Dogs Not Permitted at Large; Wearing Licenses is hereby amended as follows: Section 6-2-9 Dogs Not Permitted at Large; Wearing Licenses A. Neither a female dog during her breeding. or mating season nor a vicious dog shall be permitted at large. B. In a rabies quarantine area, no dogs shall be permitted at large. Each dog shall be confined within an enclosure on the owner's property or secured so that the dog is confined entirely to the owner's property, or on a leash not to exceed six feet in length and directly under the owner's control when not on the owner's ® property. C. Any dog over the age of four months running at large shall wear a collar or harness to which is attached a valid license tag. Dogs used for control of live- stock or while being used or trained for hunting or dogs while being exhibited or trained at a kennel club event or -dogs while engaged in races approved by the Arizona racing commission, and such dogs while being transported to and from such events, need not wear a collar or harness with a valid license attached provided that they are properly vaccinated, licensed and controlled. D. No person in charge of any dog shall permit such dog in a public park or upon any public school property unless the dog is physically restrained by a leash, enclosed in a car, cage or similar enclosure, or being exhibited or trained at a recognized kennel club event, public school or park sponsored event. E. Any dog at large shall 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 has been running 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 0 -5- which confines a dog unless it be at the invitation of the occupant. ® 2. Said agent may issue a citation to the dog owner or person acting for the owner when the dog is at large. The procedure for the issuance of notice to appear shall be as provided for peace officers in A.R.S. § 13-3903, except the enforcement agent shall not make an arrest before issuing the notice. The issuance of citations pursuant to this article shall be subject to provisions of A.R.S. § 13-3899. 3. 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. Section 9. That Section 6-2-10 Impounding and Disposing of Dogs and Cats; Reclaiming Impounded Dogs and Cats; Pound Fees is amended to read as follows: Section 6-2-10 Impounding and Disposing of Dogs and Cats; Reclaiming Impounded Dogs and Cats; Pound Fees A. The Madcopa County Board of Supervisors shall provide or authorize a county pound and enter into a cooperative agreement with the Town for the establish- ment and operation of a county pound. ® B. Any stray dog shall be impounded. All dogs and cats impounded shall be given proper care and maintenance. C. Each stray dog or any cat impounded shall be kept and maintained at the county pound for a minimum of seventy-two hours unless claimed by its owner. Any person may purchase such a dog or cat upon expiration of the impoundment period, provided such person pays all pound fees established by the County Board of Supervisors and complies with the.licensing and vaccination provisions of this article. If the dog or cat is not claimed within the impoundment period, the county shall take possession and may place the dog or cat for sale or may dispose of the dog or cat in a humane manner. If such dog or cat is to be used for medical research, no license or vaccination shall be required. The count may destroy impounded sick or injured dogs or cats whenever such destruction is necessary to prevent such dog or cat from suffering or to prevent the spread of disease. D. . Any impounded licensed dog or any cat may be reclaimed by its owner or such owner's agent, provided that the person reclaiming the dog or cat furnishes proof of right to do so and pays all pound fees established by the Town. If the dog or cat is not reclaimed within the impoundment period, the county shall take posses- sion and may place the dog or cat for sale or may dispose of the dog or cat in 0 -6- a humane manner pursuant to Section 6-2-15. Any person purchasing such dog ® or cat shall pay all pound fees established by the County Board of Supervisors. Section 10. That Section 6-2-11 Handling of Biting Animals; Responsibility for Reporting Animal Bites is amended to read as follows: Section 6-2-11 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 wherever 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. 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 0 -7- issue such an order after notice to the owner, if any, and a hearing. ® Section 11. That Section 6-2-12 is deleted Section 12. That Section 6-2-13 is amended to read as follows: Section 6-2-13 Unlawful Interference with Enforcement Agent; Unlawful Keeping of Dogs A. It is unlawful for any person to interfere with the enforcement agent in the perform- ance 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 13. That Section 6-2-14 is amended to read as follows: Section 6-2-14 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 2 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 or persons responsible for the dog when such damages were inflicted. Section 14. That Section 6-2-15 is deleted. Section 15. WHEREAS, it is the intention of both the County and the Town that the enforcement of this ordinance shall become effective on January 1, 1994 in the Town of Fountain Hills. It is necessary in order to protect the public health, safety and welfare that an emergency be declared and that this ordinance shall become operative immedi- ately upon the affirmative vote of six of the seven members of the Town Council. That as an emergency measure, this ordinance is exempt from the provisions of referendum. PASSED AND ADOPTED THIS 14TH DAY OF DECEM R&193. 04/1 V John Cutillo, Mayor ATTEST TO: . U� Cassie B. Hansen, Town Clerk 0 -8- APPROVED AS TO FORM: e,_, J -L ; � & William E. Farrell, Town Attorney REVIEWED BY: 7 aul Nor m, Town Manager LI 0 -9-