HomeMy WebLinkAboutOrd 1997-11 ORDINANCE NO. 97-11
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, SECTIONS 6-2-1, DEFINITIONS, AND 6-2-5,
DOGS NOT PERMITTED AT LARGE; WEARING LICENSES, BY
ADDING A DEFINITION OF "DOG" AND BY ADDING INTENT AND
CAUSATION ELEMENTS TO PUBLIC OFFENSES INVOLVING DOGS
AT LARGE, BY REDESIGNATING THE CURRENT SUBSECTION (C)
AS SUBSECTION (D) OF SECTION 6-2-5, BY DELETING THE
CURRENT SUBSECTION (D) OF SECTION 6-2-5 AND REPLACING IT
WITH A NEW SUBSECTION (C) CREATING THE PUBLIC OFFENSE
OF PERMITTING, ALLOWING OR CAUSING A DOG TO BE AT
LARGE WITHIN THE TOWN BOUNDARIES WITH CERTAIN
SPECIFIED EXCEPTIONS, AND BY ADDING A NEW SUBSECTION (F)
CLASSIFYING VIOLATIONS OF SECTION 6-2-5.
BE IT ORDAINED BY THE MAYOR AND COMMON COUNCIL OF THE TOWN
OF FOUNTAIN HILLS AS FOLLOWS:
Section 1. That the Town Code of the Town of Fountain Hills, Arizona, Chapter 6, Animals,
Article 6-2, Rabies/Animal Control Leash Law, Section 6-2-1, Definitions, is hereby amended to
read as follows:
Section 6-2-1 Definitions
Q. "DOG" MEANS A MEMBER OF THE CANIS FAMILIAR'S FAMILY.
Section 2. That the Town Code of the Town of Fountain Hills, Arizona, Chapter 6, Animals,
Article 6-2, Rabies/Animal Control Leash Law, Section 6-2-5, Dogs Not Permitted at Large;
Wearing Licenses, is hereby amended as follows:
Section 6-2-5 Dogs Not Permitted at Large; Wearing Licenses
A. NO PERSON SHALL INTENTIONALLY, KNOWINGLY, RECKLESSLY OR
NEGLIGENTLY PERMIT, ALLOW OR CAUSE neither a female dog during her
breeding or mating season neF OR a vicious dog,s14a14-be-pepR4itted7 TO BE at large.
B. NO PERSON SHALL INTENTIONALLY, KNOWINGLY, RECKLESSLY OR
NEGLIGENTLY PERMIT, ALLOW OR CAUSE A DOG in a rabies quarantine area TO
BE 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
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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. NO PERSON SHALL INTENTIONALLY, KNOWINGLY, RECKLESSLY OR
NEGLIGENTLY PERMIT, ALLOW OR CAUSE A DOG TO BE AT LARGE WITHIN
THE TOWN BOUNDARIES. A DOG SHALL NOT BE DEEMED AT LARGE FOR
PURPOSES OF THIS SUBSECTION:
1. IF IT IS RESTRAINED BY A LEASH, CHAIN, ROPE OR CORD OF NOT
MORE THAN SIX FEET IN LENGTH AND OF SUFFICIENT STRENGTH TO
CONTROL THE ACTION OF THE DOG, OR IS WITHIN A SUITABLE
ENCLOSURE THAT ACTUALLY CONFINES THE DOG.
2. WHILE THE DOG IS BEING TRAINED OR USED FOR HUNTING
PURPOSES;
3. WHILE THE DOG IS BEING EXHIBITED AT A KENNEL CLUB
APPROVED SHOW;
4. WHILE THE DOG IS ENGAGED IN RACES APPROVED BY THE ARIZONA
RACING COMMISSION; OR
5. WHILE THE DOG IS BEING USED FOR THE CONTROL OF LIVESTOCK.
,G.D. THE OWNER OF any dog over the age of four months SHALL NOT PERMIT, ALLOW
OR CAUSE SUCH DOG TO BE Twicking at large WITHOUT wear a collar or
harness to which is attached a valid license tag ISSUED PURSUANT TO THIS
ARTICLE. Dogs used for control of livestock 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.
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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 IS has-beef 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 a dog unless it be at
the invitation of the occupant.
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2. Said agent may issue a citation to the dog owner, of 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 is at large. The
procedure for the issuance of notice to appear shall be as provided for peace
officers in A.R.S. Sec. 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. Sec. 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.
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:
1. SUBSECTION A OR B OF THIS SECTION IS GUILTY OF A CLASS ONE
MISDEMEANOR.
2. SUBSECTION C OR D OF THIS SECTION IS GUILTY OF A CLASS THREE
MISDEMEANOR.
PASSED AND ADOPTED by the Mayor and Common Council of the Town of
Fountain Hills, Arizona this dWi-. day of ► ' ard-\ , 1997.
FOR THE TOWN OF FOUNTAIN HILLS: ATTESTED TO:
Ca44,t.t_ ce13 isitL.vt
Jerry es, Mayor 4744 Cassie B. Hansen, Town Clerk
REVIEWED BY: APPROVED AS TO FORM:
7p/Att:
Paul L.Nordin, Town Manager William E. Farrell, Town Attorney
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