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HomeMy WebLinkAboutOrd 1997-23 ORDINANCE 97-23 tilow AN 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, SECTION 6-2-1, DEFINITIONS, BY AMENDING THE DEFINITION OF "AT LARGE" AND BY AMENDING SECTION 6-2-5, DOGS NOT PERMITTED AT LARGE; WEARING LICENSES, REGARDING THE STANDARDS UNDER WHICH A DOG IS CONSIDERED "AT LARGE". BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN OF FOUNTAIN HILLS, ARIZONA, AS FOLLOWS: Section 1. That the Town Code Chapter 6, Animals, Article 6-2, Rabies/Animal Control Lease Law, Section 6-2-1,Definitions, is hereby amended by amending the definition of"At Large" to read as follows: Section 6-2-1 Definitions "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: Any to-be ramming aHai8e. 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. Section 2. That the Town Code Chapter 6, Animals, Article 6-2, Rabies/Animal Control Lease Law, Section 6-2-5, Dogs Not Permitted at Large; Wearing licenses, is hereby amended to read as follows: (kwSAS FAIL (o- I -Q7 vIOTION L IS464:-r PUBLISHED FOUNTAIN HILLS TIMES r's / Ordinance 97-23 :;i_COND S $I &/9 7 Page 1 of 3 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 the owner's SUCH property, or 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. C. No person shall intentionally, knowingly, recklessly or negligently permit, allow or cause a dog to be at large within the town boundaries. dogt 2. While the dug is being trained or used for-hunting purposes; 3. While the dig is-being exhibited at a kennel club approved show. 4. While the dug is engaged in races approved-by the Arizona acing Conunission; o 5. While the dog is-being used fin the control of livestwi. D. The owner of any dog over the age of four months shall not permit, allow or cause such dog to be at-large 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,used for control of livestock while being used or trained for hunting or dogs while being exhibited or trained at a kennel club Town approved event or-dogs-while Lugaged iii ,at,e, appmuved by the A3it.oud Raking Conunissio,t, 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. Ordinance 97-23 Page 2 of 3 Z:\WPDATA\PH\ORDU997\97.23 ORD E. Any dog at large shall MAY be apprehended and impounded by the enforcement agent. Lir 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 the occupant 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 when the dog has been found at ia,ge. PASSED AND ADOPTED by the Mayor and Common Council of the Town of Fountain Hills, Arizona this 19th day of June, 1997. FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO: 044.4-- Ji )°±1-A,%4 Jer 'les, ayor Cassie B. Hansen, Town Clerk 7RE D BY: APPRO AS TO FORM: 7 _jC1�%,C'l Paul L. ordm, Town Manager William E. Farrell, Town Attorney L. Ordinance 97-23 Page 3 of 3 ZIWPDATA\FH\ORD\1997\97-23.0RD