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Home My WebLink AboutOrdinance 94.01 Amending the town code relating to animal controlORDINANCE NO. 94.01 AN ORDINANCE OF THE TOWN OF MARANA, ARIZONA, ADOPTING AN AMENDMENT TO THE TOWN CODE ENTITLED "ANIMAL CONTROL CODE," PROVIDING PENALTIES FOR TItE VIOLATION THEREOF; PROVIDING FOR REPEAL OF EXISTING ORDINANCES; AND PROVIDING SEVERABILITY. BE IT ORDAINED by the Mayor and Council of the Town of Mararia: Section I: That certain document known as "ANIMAL CONTROL CODE", three copies of which are on file in the office of the town clerk of the Town of Marana, Arizona, which document was made a public record by Resolution No. 94-01 of the Town of Mararia, Arizo~na, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. Section II: The penalties for violations of the ANIMAL CONTROL CODE are as follows: It shall be a civil infraction for any dog to run at large within the Town of Marana upon the streets, sidewalk% alleys, or other public property, or upon the private premises of another person. It shall be a civil infraction for the owner or person having custody of any dog to fail immediately to remove and dispose of in a sanitary manner any solid waste deposited by such dog on public property or deposited on private properly without the consent of the person in control of the property. It shall be a civil infraction for the owner or person having custody of any dog to deposit, cause to be deposited, or allow to accumulate within or about such premises, for a longer time than twenty-four hours, any solid wastes from dogs. This provision is to include animal wastes on private property, including property owned, leased or controlled by the owner of the dog. iii. E. A violation 0.f. any~p[ovision of this section is punishable as follows: For a firsLviolation within a twelve :(12)~tnonth 'peri0d;' a fine' ot not less thah twenf~"-'five dollars ($25.00), nor more than three hundred dollars ($300.00). kor a secona.violation within ~ twelve (12) month period, a fine of not ~esfi than seventy-five dollars ($75.00), nor more than three hundred ($300.00) dollars. For a third or subsequent violation witlira a'tweFv~(12) month period, a fine of not less than two hundred dollar~ ($200.00), nor more than three hundred dollars ($300.00). IV. G. V. E. VI. G. Penalties. A violation of any provision of this section is punishable by a fine of not less than one hundred dollars nor more than seven hundred fifty dollars, four months in jail, two years probation, or any combination thereof. A violation of any provision of this section is punishable by a fine of up to two thousand five hundred ($2,500.00) dollars, six (6) months in jail, three (3) years probation, or any combination thereof. Minimum Penalties, Enhancement. 1. A person convicted for the first time of any offense prohibited by section IV (F)(I) through (6) shall be punished by imprisonment for not less than twenty four (24) hours nor more than six (6) months and by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00). A person convicted of a second or subsequent offense prohibited by section IV (F)(I) through (6) shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months and by a fine of not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00). No judge may grant probation to or suspend the imposition of the minimum jail sentence and fine prescribed herein upon a conviction of any offense prohibited in section IV (F)(I) through (6). In addition, a person convicted of any offense prohibited in section IV (F)(1) through (6) may be placed on probation for not more than three (3) years and the dangerous animal may be ordered humanely destroyed or banished from the town after first being spayed or neutered by a licensed veterinarian at the owner's expense. If the animal is not spayed or neutered within the time given by the court, the animal is forfeited to the town enforcement agent to be humanely destroyed. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein. 2. A person convicted of violating section IV (F) (7) shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months and by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00). No judge may grant probation to or suspend the imposition of the minimum jail sentence and fine prescribed herein upon a person convicted of violating section IV (F)(7). In addition, a person convicted of violating section IV (F)(7) may be placed on probation for not more than three (3) years and the dangerous animal shall be ordered humanely destroyed. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein. 3. Wherever in this section any act is prohibited or declared to be unlawful or the doing of any act is required or the failure to do an act is declared to be unlawful, the violation of such provision of this section is a ~.~-"',._----~"~..--"-""~~- misdemeanor punishable (except for the penalties already set forth herein by a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($I,000.00) and/or by imprisonment and not more than six (6) months. No judge may grant probation to or suspend the imposition of the minimum fine prescribed herein. In addition, a person may be placed on probation for not more than three (3) years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein. VII. C. A violation of any provision of this section is a civil infraction and will be adjudicated by the town Magistrate. A fine of not less than fifty ($50.00) dollars, nor more than three hundred ($300.00) dollars shall be imposed for each violation. ~g~9..~l!: Ordinance No. 91.20 is hereby repealed, effective upon the date of adoption of this Ordinance. Section IV: If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the document adopted by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this 4th day of January, 1994. Town Attorney Mayor Ora Ham '" CERTIFIED COPY Adopted 1-4-94 ANIMAL CONTROL CODE Adopted January 4, 1994 I. Definitions The following definitions shall apply throughout this entire code, unless the context otherwise requires: Ao "Animal" means every non-human mammalian species of animal, both domestic and wild~ "At large" means b_eing neither confined by an enclosure nor physically restrained by a leash. "Bite" means any penetration of the sldn by the teetffof any animal. "Biting animal" means any animal that bites, or otherwise injures human beings or other animals without provocation. Eo "Collar" means a band, chain, harness or suitable device worn around the,neck of a dog to which a license may be affixed. "Destructive animal" means any animal that has a propensity to destroy, damage or cause damage to the property of a person other than the animal's owner. G. "Dog" means any member of the me-species. ~- "Impound" means the act of taldng or receiving an animal into custody for the purpose of confinement at~ima County Animal Control Facility. _ "Leash" or "lead2 means a chain, rope, leather strap, cord or similar restraint attached to a collar or harness or otherwise secured around an animal's neck. J. "Licensed dog" means any dog having a current license. K. "Livestock" means meat animals, horses, sheep, goats, swine, mules and asses. "Owner" means any person owning, keeping, possessing, harboring, maintaining or having custody or otherwise having control of an animal within the town limits. Adopted January 4, 1994 --Page 1- II. "Police dog" means any dog belonging to any law enforcement agency service dog unit. "Property line" means the line which represents the legal limits of property (including an apartment, condominium, room or other dwelling unit) owned, leased or otherwise occupied by a person, business, corporation or institution. In cases involving sound from an activity on a public street or other public right- of-way, the ~property line" shall be the nearest boundary of the public right-of- way. "Provocation" means any behavior toward an animal or its owners or its owner's property which is likely to cause a defensive reaction by the animal. "Tie-out" means a chain, leash, wire cable or similar restraint attached to a swivel or pulley. "Under restraint" means an animal secured by a leash or lead and under control of a responsible person; or confined within a vehicle; or located upon the real property limits of its owner. "Vaccination" means an anti-rabies vaccination using a type of vaccine approved by the State Veterinarian and administered by a state licensed veterinarian. "Vicious animal" means any animal that bites, attempts to bite, endangers or otherwise injures or causes to be injured human beings or other animals. Licensing of dogs; vaccination; kennel permits; other regulations The provisions of this Code are in addition to any requirements under United States law, Arizona law, Pima County law and other applicable regulations relating to the licensing of dogs, vaccination, kennel permits, and other regulations which are not in conflict with the regulations contained in this Code. III. Dogs at largeprohibited--Dog waste removal required--Penalty--Exceptions. It shall be a civil infraction for any dog to run at large within the Town of Mararia upon the streets, sidewalks, alleys, or other public property, or upon the private premises of another person. B. Dogs may be at large as an exception to this section as follows: While participating in field trials, obedience classes, or kennel club events where such trials, classes or events have been approved by the Town of Mararia or Pima County Animal Control. 2. While being used or trained for legal hunting or for control of livestock. Adopted January 4, 1994 --Page 2-- 3. While assisting a peace officer engaged in law enforcement duties. Guide dogs while assisting blind, deaf or physically handicapped persons, so long as such dogs are under direct and effective voice control of such individual to assure that they do not violate any other provisions of law. It shall be a civil infraction for the owner or person having custody of any dog to fail immediately to remove and dispose of in a sanitary manner any solid waste deposited by such dog on public property or deposited on private property without the consent of the person in control of the property. Subsection C of this section shall not apply to blind persons, persons with mobility disabilities, or law enforcement officers accompanied by police dogs while on duty. It shall be a civil infraction for the owner or person having custody of any dog to deposit, cause to be deposited, or allow to accumulate within or about such premises, for a longer time than twenty-four hours, any solid wastes from dogs. This provision is to include animal wastes on private property, including property owned, leased or controlled by the owner of the dog. E. A violation of any provision of this section is punishable as follows: For a first violation within a twelve (12) month period, a fine of not less than twenty-five dollars ($25.00), nor more than three hundred dollars ($300.0O). For a second violation within a twelve (12) month period, a fine of not less than seventy-five dollars ($75.00), nor more than three hundred ($300.00) dollars. For a third or subsequent violation within a twelve (12) month period, a fine of not less than two hundred dollars ($200.00), nor more than three hundreddollars ($300.00). Default--Any individual having received a notice of violation and failing to appear at the heating time designated in the notice of violation, or time designated for heating by the Court, shall be deemed to have admitted the allegations of the complaint, and the Court shall enter judgment for the town, and impose a civil sanction in accordance with the provisions of this section. In the event that any penalty ordered to be paid by the Court or forfeited pursuant to default is not paid within thirty (30) days of the Magistrate's order, appropriate civil proceedings both legal and equitable may be instituted by the Town Attorney in order to enforce the administrative order. In addition, the Magistrate may institute judicial proceedings as Adopted January 4, 1994 --Page 3-- provided by law to collect said penalty. All penalties collected pursuant to this section shall be paid to and become the property of the Town of Mararia. A Pima County Animal Control officer, or other designated Town Enforcement Agent may, in addition to the procedures prescribed in Section II, impound, or cause to be impounded, any dog running at large contrary to the provisions of this section. Upon the impounding of a licensed dog, the owner shall be immediately notified in person or by mall, and may reclaim such dog upon payment of all costs and charges incurred in picking up, impounding and maintaining said dog. Any licensed dog unclaimed within seven (7) days of its impoundment may be placed for adoption or humanely destroyed within the discretion of Pima County Animal Control. Any unlicensed dog unclaimed within three (3) days may be placed for adoption or humanely destroyed within the discretion of Pima County Animal Control. IV. Cruelty and neglect of animals. Cruelty. Whoever overdrives, overloads, overworks, tortures, torments, cruelly beats, mutilates or unlawfully kills an animal, or causes or procures an animal to he so overdriven, overloaded, driven when overloaded, overworked, tomred, tormented, cruelly beaten, mutilated or killed, and whoever, having charge or custody of an animal, either as owner or otherwise, inflicts unnecessary cruelty upon it, cruelly drives or works it when unfit for labor, or cruelly abandons it, or carries it or causes it to be carried in or upon a vehicle or otherwise, in an unnecessarily cruel or inhumane manner or knowingly and wilfully authorizes or permits it to be subjected to unreasonable or unnecessary torture, suffering or cruelty of any kind, shall be guilty of a class 2 misdemeanor. go Neglect. The purpose of this subsection is to guarantee that animals under human custody or control are housed in healthy environments and are provided with proper food, water, shelter, medical care, exercise space and ventilation. Any person owning or having care, control or custody of any animal shall provide: That the animal receives daily, food that is free from contamination and is of sufficient quantity and nutritive value to maintain the animal in good health; That potable water is accessible to the animal at all times, either free- flowing or in a clean receptacle; o That except for livestock, all animals have convenient access to natural or artificial shelter throughout the year. Any such artificial shelter shall be Adopted January 4, 1994 --Page 4-- structurally sound and maintained in good repair to protect the animal from injury and from the elements, and of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation or drainage, shall not comply with this section. Any shelter, all bedding and any spaces accessible to the animal shall be maintained in a manner which minimizes the risk of the animal contracting disease, being injured, or becoming infested with parasites; That the animal receives care and medical treatment for debilitating injuries, parasites and diseases, sufficient to maintain the animal in good health and minimize suffering; That the animal is given adequate exercise space either; Within an enclosure that shall be constructed of material, and in a manner, to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition, or On a tie-out, consisting of a chain, leash, wire cable or similar restraint attached to a swivel or pulley. A tie-out shall be so located as to keep the animal exclusively on the secured premises. Tie-outs shall be so located that they cannot become entangled with other objects. Collars used to attach an animal to a tie-out shall not be of a choke type. No tie-out shall employ a restraint which is less than ten feet in length; That the animal has access to adequate ventilation and is protected from temperature extremes at all times. In this connection, it is unlawful for any person to keep any animal in a vehicle or other enclosed space in which the temperature is either so high or so low, or the ventilation is so inadequate, as to endanger the animal's life or health2 'Any peace officer or Pima County Animal Control officer (or other designated' Town Enforcement Agent) is authorized to use whatever force is reasonable and necessary to remove any animal from a vehicle or other enclosed space whenever it appears that the animal's life or health is endangered by extreme temperatures or lack of ventilation within the vehicle or other enclosed space. No peace officer or Pima County Animal Control officer (or other designated Town Enforcement Agen0 shall be liable for damages to property caused by the use of reasonable force to remove an animal from such a vehicle or other enclosed space under such circumstances. Adopted January 4, 1994 --Page 5-- Vo Any peace officer or any Pima County Animal Control officer (or other designated Town Enforcement Agent) is authorized and empowered to remove and impound any animal in plain view and suffering from life threatening exigent circumstances. The owner of any animal removed and impounded under the provisions of this section shall be liable for any impoundment, boarding or veterinary fees incurred in connection therewith. Any of the provisions of this section may be waived as dictated by treatment under the direction of a licensed veterinarian. Eo An owner of an animal charged with a violation of this section shall produce that animal for inspection or impoundment upon the request of the Pima County Animal Control or other designated Town Enforcement Agent. All owners shall be responsible for any and all applicable impoundment and boarding fees in connection therewith. Fo Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor. Penalties. A violation of any provision of this section is punishable by a fine of not less than one hundred dollars nor more than seven hundred fifty dollars, four months in jail, two years probation, or any combination thereof. The Magistrate may not grant probation in lieu of, or otherwise suspend, the imposition of the minimum fine prescribed herein. As a condition of probation, the Magistrate may order that the owner shall not be permitted to own or control any animal for a period of up to two years. This shall not be construed to affect, in any way, the imposition of any mandatory minimum penalties provided herein. Vicious or destructive animals. It is unlawful for any person to keep, control, harbor or otherwise have under control any animal which is vicious or destructive. This section shall not apply to zoos, wild animal parks or animal shelters, or to persons who are in compliance with an order of the TownMagistrate, issued pursuant to this section. The owner of any animal that bites, attempts to bite, endangers or otherwise injures or causes injury to human beings or other animals, or destroys, damages or causes damage to the property of another person is guilty of a Class 1 misdemeanor. An owner of an animal charged with a violation of this section shall produce that animal for inspection or impoundment upon the request of the Pima County Animal Control, or other designated Town Enforcement Agent. All owners shall be responsible for any and all applicable impoundment and boarding fees in connection therewith. Adopted January 4, 1994 --Page 6-- It is unlawful for any person to fall to comply with an order of the Magistrate regarding a vicious or destructive animal. It is a separate offense for each day that such person falls to comply with the Magistrate's order. Eo A violation of any provision of this section is punishable by a fine of up to two thousand five hundred ($2,500.00) dollars, six (6) months in jail, three (3) years probation, or any combination thereof. The Magistrate not may grant probation in lieu of, or otherwise suspend, the imposition of the minimum fine prescribed. In addition to the above sanctions, upon the declaration of an animal as vicious or destructive, the Magistrate shall order the owner to do one or more of the following: That the animal shall be kept in an enclosure that is high enough so that the animal cannot bite, harm, or injury anyone outside the enclosure; that the enclosure and property whereon it is located shall be posted with conspicuous warning signs; and that at no time shall the animal leave the enclosure unless it is muzzled, leashed and under the control of an adult human being; or That the animal be banished from the town limits of the Town of Marana; or 3. That the animal be spayed or neutered at the owner's expense; or That the animal be humanely destroyed; or 5. Restitution up to one thousand ($1,000.00) dollars may be ordered made by the owner to the victim. This remedy shall not abridge any civil cause of action by the victim. It shall be an affirmative defense to the provisions of this section if the animal is: 1. Not at large and there is provocation; or 2. The dog is a police dog under the command of its trainer. In any proceeding brought to enforce a violation of this section, the following procedure shall be used. A peace officer or Pima County Animal Control officer (or other designated Town Enforcement Agent), upon determining that any animal within the town limits is vicious and is an immediate danger to the safety of any person or other animal, may impound the animal immediately. Within ten (10) days of the date of impoundment, the town Magistrate shall conduct a hearing provided under this section. Adopted January 4, 1994 --Page 7-- o The owner of the animal shall be notified of this hearing by the court. Upon proof of such notification, such heating may proceed in the owner's absence. VI. Dangerous animals. A. Definition. Exception. A dangerous animal means one which: 1. Has been declared to be vicious or destructive pursuant this Code: or Displays or has a tendency, disposition or propensity, as determined by the city enforcement agent, to: Injure, bite, attack, chase or charge, or attempt to injure, bite, attack, chase or charge a person or domestic animal in a threatening manner; or Bare its teeth or approach a person or domestic animal in a threatening manner. A dangerous animal does not include an animal used in law enforcement, nor does this section apply to animals in custody of zoos or wild animal parks, animals placed in animal shelters, animals under care of veterinarians or wild animals. B. Declaring an Animal Dangerous Notice. The town enforcement agent shall develop guidelines to determine if an animal is a dangerous animal. Whenever the town enforcement agent has reason to believe an animal may be dangerous, an evaluation of the animal shall be conducted. If the town enforcement agent declares that an animal is dangerous, the owner shall be notified and issued an order of compliance. Once an animal is declared dangerous, the animal is dangerous until a hearing officer or judge determines otherwise. If the owner is known, he shall be provided with a written notice of his right to file, within five (5) days of receipt of the notice, a written request with the town enforcement agent for a hearing to determine if the animal is dangerous. If the owner's whereabouts cannot be determined or the animal poses a threat to public safety or domestic animals, the animal shall be impounded and notice shall be posted on property or mailed forthwith to him at his last known address by registered or certified mall, return receipt requested. Adopted January 4, 1994 --Page 8-- Hearing, Burden of Proof, Appeal. The owner of the animal may request a hearing to contest the declaration of dangerousness or contest the confinement conditions ordered by the town enforcement agent. If the owner of an impounded animal fails to appear at a heating or falls to request a hearing, the animal shall be forfeited to the town enforcement agent to be humanely destroyed. If the owner of a non-impounded animal fails to appear at a hearing or fails to request a hearing, the animal is declared to be dangerous and the order of compliance shall remain in effect. After a request for a hearing, the town enforcement agency shall set a hearing date within five (5) working days at a time and place designated by the town enforcement agent. The hearing shall be conducted by a hearing officer selected by the town enforcement agent. The hearing shall be held in an informal manner and a record thereof shall be made by stenographic transcription or by electronic tape recording. The rules of evidence do not apply, and hearsay is admissible. It is the burden of the owner of the animal to establish by a preponderance of the evidence that the animal is not dangerous. The owner may be represented by counsel and present witnesses at his cost. The hearing officer shall make a written decision within five (5) working days of the hearing and notify the owner of the animal of the decision. If the decision of dangerousness is sustained by the hearing officer, the owner of the animal shall obey the order of compliance issued by the enforcement agent within the time given by the order of compliance or ten (10) days whichever is more. If the animal is found not to be dangerous, the order of compliance is null and void. The finding that an animal is not dangerous does not prevent the town enforcement agent from declaring an animal dangerous again if the agent has additional reasons to believe the animal is dangerous after a new evaluation of the animal is conducted. Adopted January 4, 1994 --Page 9-- Appeal of the decision of the hearing officer shall be by way of special action to the Superior Court on the record of the heating. If either party claims the record to be incomplete or lost, and the hearing officer who conducted the hearing so certifies, a new hearing shall be conducted before that officer. The appealing party shall bear the cost of preparing the record of the heating on appeal. No appeal shall be taken later than thirty (30) days after the decision. Order of Compliance, Confinement, Muzzled, Signs, Insurance, Identification, Spaying or Neutering. When an animal is declared dangerous, the town enforcement agent shall issue an order of compliance requiring the owner within thirty (30) days to: Confine the animal sufficiently to prevent the animai's escape as follows: The town enforcement agent shall determine the appropriate fencing requirements for the size and nature of the animal. The town enforcement agent may require a fence including gates to be six (6) feet in height; the fence from five (5) feet in height to six (6) feet in height to incline to the inside of the confinement area at a forty five-degree angle from the vertical; or that the confinement area be wholly covered by a material strong enough to keep the animal from escaping. The town enforcement agent may require the bottom of the confinement area to be of concrete, cement or asphalt, or of blocks or bricks set in concrete or cement; or if such bottom is not provided, then a footing of such material shall be placed along the whole perimeter of the confinement area to a depth of one (i) foot below ground level, or deeper if required by the town enforcement agent. The gates to the conf'mement area shall be locked at all times with a padlock except while entering or exiting. The town enforcement agent may require temporary confinement measures until the order of compliance has been obeyed or the hearing officer determines that the animal is not dangerous. If the owner does not immediately comply with the temporary confinement requirements, the animal shall be impounded. Muzzle and restrain the animal outside the con£mement area with a leash, chain, rope or similar device not more than six (6) feet in length sufficient Adopted January 4, 1994 --Page 10-- Eo to restrain the animal and under the control of a person capable of preventing the animal from engaging in any prohibited behavior. Post a sign on every gate or entry way to the confinement area stating "Beware of Dangerous Animal. Per Mararia Animal Control Code." Obtain and maintain liability insurance in a singe incident amount of fifty thousand dollars ($50,000.00), unless the animal has been declared to be vicious or destructive pursuant to this Code, in which case the amount of insurance shall be no less than two hundred fifty thousand dollars ($250,000.00), to cover any damage or injury that may be caused by the dangerous animal. The town enforcement agent shall maintain a registry of the animals, owners and insurance carrier for each dangerous animal. Pay the reasonable cost to the town enforcement agent to tattoo the animal with an identifiealion number. The town enforcement agent shall maintain a registry of such numbers and the owners of the animals. Have a licensed veterinarian spay or neuter the animal at the owner's expense. The owner shall obtain written certification signed by the veterinarian that the spaying or neutering has been preformed. Consent to Inspection, Inspection, Failure to Obey Order of Compliance, Seizure of Animal. By continuing to own an animal declared dangerous, an owner gives consent to the town enforcement agent or any law enforcement officer to inspect the animal declared dangerous, the premises where the animal is kept, and the liability insurance documents required for the animal(s), and the veterinarian's certificate of spay'mg or neutering for the animal(s). o The town enforcement agent may seize and impound the dangerous animal if the owner falls to obey the order of compliance. Five (5) days after the seizure, the town enforcement agent may humanely destroy the animal unless owner has demonstrated obedience to the order of compliance. The owner of the animal is responsible for any impound fees. If the owner of the animal demonstrates proof that the order of compliance has been obeyed, then the animal will be returned to the owner after payment of impound fees. Any action taken under this section shall be in addition to any available criminal penalties. Adopted January 4, 1994 --Page 11-- F. Required Acts and Unlawful Activities. An owner of an animal declared dangerous shall obey the order of compliance. An owner of an animal declared dangerous shall not sell, give away, abandon or otherwise dispose of the animal without notifying the town enforcement agent in writing in advance. An owner of an animal declared to be dangerous shall provide proof of liability insurance and the veterinarians's certificate of spaying or neutering to the town enforcement agent upon demand. o An owner of an animal declared dangerous shall not prevent or try to prevent inspection of the animal or the premises where the animal is kept. When the owner of an animal is notified that the town enforcement agent is evaluating an animal or wants to evaluate an animal to determine if the animal is dangerous, the owner of the animal shall present the animal for inspection within twenty four (24) hours of a request by the town enforcement agent. The owner shall not sell, give away, bide or otherwise prevent the town enforcement agent from making an evaluation of the animal. o The owner of an animal declared to be dangerous shall prevent the animal from running at large as defined in this Code. The owner of an animal declared to be dangerous shall prevent the animal from biting, injuring orattacking any person or domestic animal outside of the confinement area. Minimum Penalties, Enhancement. 1. A person convicted for the first time of any offense prohibited by section IV (F)(1) through (6) shall be punished by imprisonment for not less than twenty four (24) hours nor more than six (6) months and by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00). A person convicted of a second or subsequent offense prohibited by section IV (F)(1) through (6) shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months and by a fine of not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00). No judge may grant probation to or suspend the imposition of the minimum jail sentence and fine prescribed herein upon a conviction of any offense prohibited in section IV (F)(1) through (6). In addition, Adopted January 4, 1994 --Page 12-- a person convicted of any offense prohibited in section IV (F)(1) through (6) may be placed on probation for not more than three 0) years and the dangerous animal may be ordered humanely destroyed or banished from the town after first being spayed or neutered by a licensed veterinarian at the owner's expense. If the animal is not spayed or neutered within the time given by the court, the animal is forfeited to the town enforcement agent to be humanely destroyed. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein. A person convicted of violating section IV (F) (7) shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months and by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000t00). No judge may grant probation to or suspend the imposition of the minimum jail sentence and fine prescribed herein upon a person convicted of violating section IV (F)(7). In addition, a person convicted of violating section IV (F)(7) may be placed on probation for not more than three (3) years and the dangerous animal shall be ordered humanely destroyed. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein. Wherever in this section any act is prohibited or declared to be unlawful or the doing of any act is required or the failure to do an act is declared to be unlawful, the violation of such provision of this section is a misdemeanor punishable (except for the penalties already set forth herein by a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) and/or by imprisonment and not more than six (6) months. No judge may grant probation to or suspend the imposition of the minimum fine prescribed herein. In addition, a person may be placed on probation for not more than three (3) years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein. 4. Each day any violation continues or occurs shall constitute a separate offense. VII. Excessive noise caused by animals or birds It shall be unlawful to own, possess, harbor, or control any animal or bird which frequently or for continuous duration howls, barks, meows, squawks, or makes other sounds, if they are clearly audible sounds beyond the property line of the property on which they are conducted and they disturb the public peace, quiet or comfort of the neighboring inhabitants. Adopted January 4, 1994 --Page 13-- The provisions of this section shall be enforced and administered by Pima County Animal Control (or other designated Town Enforcement Agent) and appropriate local law enforcement. A violation of any provision of this section is a civil infraction and will be adjudicated by the town Magistrate. Do If the owner of the animal or bird which has engaged in an activity prohibited by this section cannot be determined, the owner, lessee or occupant of the property on which the activity is located shall be deemed responsible for the violation. Each day's continuance of a violation under this section shall be determined a separate offense. Fo A fine of not less than fifty ($50.00) dollars, nor more than three hundred ($300.00) dollars shall be imposed for each violation. Persons wishing to continue activities which constitute a violation of this section but were commenced prior to the enactment of the ordinance codified in this section may seek an exemption from the town Magistrate. Such an exemption may be granted if the Magistrate finds that strict application of this section would cause undue hardship and that there is no reasonable or productive alternative method of engaging the activity. VIII. Authority to enforce, remove and impound ho Any peace officer or Pima County Animal Control officer (or other designated Town Enforcement Agen0 is hereby authorized and empowered to enforce the provisions of this Ordinance and Code and to issue citations for violations thereof. Pima County Animal Control shall have primary responsibility for the enforcement of this Code. Bo If a peace officer or a Pima County Animal Control officer (or other designated Town Enforcement Agent) has issued a citation for a violation of this Ordinance and Code or of the Arizona Revised Statutes, and reasonably believes that the violation will continue, the officer is authorized and empowered to remove and impound the animal. The owner of any animal removed and impounded under the provisions of this Code shall be liable for any impoundment, boarding or veterinary fees incurred in connection therewith. IX. Rules of procedure All civil proceedings under this Code shall be governed by the 17B A.R.S. Traffic Violation Cases Civ. Proc. Rules, as amended. Adopted January 4, 1994 --Page 14-- Severance Clause If any section, subsection, sentence, clause, phrase or portion of this Ordinance and/or Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions therefor. Adopted January 4, 1994 --Page 15-- CERTIFIED COPY Adopted 1-4-94 MARAIWA Els t'e ANIMAL CONTROL CODE Adopted Jfnu~ry 4. 1994 I. Definitions The following definitions shall apply throughout this entire code, unless the context otherwise requires: A. "Animal" means every non-human mammalian species of animal, both domestic and wild. B. "At large" means be'rag neither confined by an enclosure no~ physically restrained by a leash. C. "Bite" means any penetration of the skin by the teet~of any animal. D. "Biting animal" means any animal that bites, or otherwise injures human beings or other animals without provocation. E. "Collar" means a band, chain, harness or suitable device worn around the.neck of a dog to which a license may be affixed. F. "Destructive animal" means any animal that has a propensity to destroy, damage or cause damage to the property of a person other than the animal's owner. G. "Dog" means any member of the canine species. H. "Impound" means the act of taking or receiving an animal into custody for the purpose of confinement at4~ima County Animal Control Facility. I. "Leash" or "lead_" means a chain, rope, leather strap, cord or similar restraint attached to a collar or harness or otherwise secured around an animal's neck. J. "Licensed dog" means any dog having a current license. K. "Livestock" means meat animals, horses, sheep, goats, swine, mules and asses. L. "Owner" means any person owning, keeping, possessing, hafoori~g, maintaining or having custody or otherwise having control of an animal within the town limits. Adopted January 4, 1994 --Page 1-- CERTIFIED COPY Adopted 1-4-94 MARAiWA ANIMAL CONTROL CODE Adopted January 4. 1994 I. Definitions The following definitions shall apply throughout this entire code, unless the context otherwise requires: A. "Animal" means every non-human mammalian species of animal, both domestic and wild. B. "At large" means being neither confined by an enclosure nor physically restrained by a leash. C. "Bite" means any penetration of the skin by the teeth of any animal. D. "Biting animal" means any animal that bites, or otherwise injures human beings or other animals without provocation. E. "Collar" means a band, chain, harness or suitable device worn around the.neck of a dog to which a license may be affixed. F. "Destructive animal" means any animal that has a propensity to destroy, damage or cause damage to the property of a person other than the animal's owner. G. "Dog" means any member of the canine species. H. "Impound" means the act of taking or receiving an animal into custody for the purpose of confinement at-Pima County Animal Control Facility. I. "Leash" or "leadg means a chain, rope, leather strap, cord or similar restraint attached to a collar or harness or otherwise secured around an animal's neck. J. "Licensed dog" means any dog having a current license. K. "Livestock" means meat animals, horses, sheep, goats, swine, mules and asses. L. "Owner" means any person owning, keeping, possessing, harboring, maintaining or having custody or otherwise having control of an animal within the town limits. Adopted January 4, 1994 --Page 1-- "Police dog" means any dog belonging to any law enforcement agency service dog unit. "Property line" means the line which represents the legal limits of property (including an apartment, condominium, room or other dwelling unit) owned, leased or otherwise occupied by a person, business, corporation or institution. In cases involving sound from an activity on a public street or other public right- of-way, the "property line" shall be the nearest boundary of the public right-of- way. "Provocation" means any behavior toward an animal or its owners or its owner's property which is likely to cause a defensive reaction by the animal. "Tie-out" means a chain, leash, wire cable or similar restraint attached to a swivel or pulley. "Under restraint" means an animal secured by a leash or lead and under control of a responsible person; or confined within a vehicle; or located upon the real property limits of its owner. "Vaccination" means an anti-rabies vaccination using a type of vaccine approved by the State Veterinarian and administered by a state licensed veterinarian. "Vicious animal" means any animal that bites, attempts to bite, endangers or otherwise injures or causes to be injured human beings or other animals. Licensing of dogs; vaccination; kennel permits; other regulations The provisions of this Code are in addition to any requirements under United States law, Arizona law, Pima County law and other applicable regulations relating to the licensing of dogs, vaccination, kennel permits, and other regulations which are not in conflict with the regulations contained in this Code. Dogs at large prohibited--Dog waste removal required--Penalty--Exceptions. It shall be a civil infraction for any dog to run at large within the Town of Mararia upon the streets, sidewalks, alleys, or other public property, or upon the private premises of another person. B. Dogs may be at large as an exception to this section as follows: While participating in field trials, obedience classes, or kennel club events where such trials, classes or events have been approved by the Town of Marana or Pima County Animal Control. 2. While being used or trained for legal hunting or for control of livestock. Adopted Jaauary 4, 1994 --Page 2-- 3. While assisting a peace officer engaged in law enforcement duties. Guide dogs while assisting blind, deaf or physically handicapped persons, so long as such dogs are under direct and effective voice control of such individual to assure that they do not violate any other provisions of law. It shall be a civil infraction for the owner or person having custody of any dog to fail immediately to remove and dispose of in a sanitary manner any solid waste deposited by such dog on public property or deposited on private property without the consent of the person in control of the property. Subsection C of this section shall not apply to blind persons, persons with mobility disabilities, or law enforcement officers accompanied by police dogs while on duty. It shall be a civil infraction for the owner or person having custody of any dog to deposit, cause to be deposited, or allow to accumulate within or about such premises, for a longer time than twenty-four hours, any solid wastes from dogs. This provision is to include animal wastes on private property, including property owned, leased or controlled by the owner of the dog. E. A violation of any provision of this section is punishable as follows: For a first violation within a twelve (12) month period, a fine of not less than twenty-five dollars ($25.00), nor more than three hundred dollars ($300.00). For a second violation within a twelve (12) month period, a fine of not less than seventy-five dollars ($75.00), nor more than three hundred ($300.00) dollars. For a third or subsequent violation within a twelve (12) month period, a fine of not less than two hundred dollars ($200.00), nor more than three hundred dollars ($300.00). Default--Any individual having received a notice of violation and failing to appear at the hearing time designatedin the notice of violation, or time designated for hearing by the Court, shall be deemed to have admitted the allegations of the complaint, and the Court shall enter judgment for the town, and impose a civil sanction in accordance with the provisions of this section. In the event that any penalty ordered to be paid by the Court or forfeited pursuant to default is not paid within thirty (30) days of the Magistrate's order, appropriate civil proceedings both legal and equitable may be instituted by the Town Attorney in order to enforce the administrative order. In addition, the Magistrate may institute judicial proceedings as Adopted January 4, 1994 --Page 3-- provided by law to collect said penalty. All penalties collected pursuant to this section shall be paid to and become the property of the Town of Mararia. A Pima County Animal Control officer, or other designated Town Enforcement Agent may, in addition to the procedures prescribed in Section II, impound, or cause to be impounded, any dog running at large contrary to the provisions of this section. Upon the impounding of a licensed dog, the owner shall be immediately notified in person or by mail, and may reclaim such dog upon payment of all costs and charges incurred in picking up, impounding and maintaining said dog. Ho Any licensed dog unclaimed within seven (7) days of its impoundment may be placed for adoption or humanely destroyed within the discretion of Pima County Animal Control. Any unlicensed dog unclaimed within three (3) days may be placed for adoption or humanely destroyed within the discretion of Pima County Animal Control. IV. Cruelty and neglect of animals. Ao Cruelty. Whoever overdrives, overloads, overworks, tortures, torments, cruelly beats, mutilates or unlawfully kills an animal, or causes or procures an animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, cruelly beaten, mutilated or killed, and whoever, hav'mg charge or custody of an animal, either as owner or otherwise, inflicts unnecessary cruelty upon it, cruelly drives or works it when unfit for labor, or cruelly abandons it, or carries it or causes it to be carried in or upon a vehicle or otherwise, in an unnecessarily cruel or inhumane manner or knowingly and wilfully authorizes or permits it to be subjected to unreasonable or unnecessary tomre, suffering or cruelty of any kind, shall be guilty of a class 2 misdemeanor. Bo Neglect. The purpose of this subsection is to guarantee that animals under human custody or control are housed inhealthy environments and are provided with proper food, water, shelter, medical care, exercise space and ventilation. Any person owning or having'care, control or custody of any animal shall provide: That the animal receives daily, food that is free from contamination and is of sufficient quantity and nutritive value to maintain the animal in good health; That potable water is accessible to the animal at all times, either free- flowing or in a clean receptacle; o That except for livestock, all animals have convenient access to natural or artificial shelter throughout the year. Any such artificial shelter shall be Adopted January 4, 1994 --Page 4-- structurally sound and maintained in good repair to protect the animal from injury and from the elements, and of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation or drainage, shall not comply with this section. Any shelter, all bedding and any spaces accessible to the animal shall he maintained in a manner which minimizes the risk of the animal contracting disease, being injured, or becoming infested with parasites; That the animal receives care and medical treatment for debilitating injuries, parasites and diseases, sufficient to maintain the animal in good health and minimize suffering; That the animal is given adequate exercise space either; Within an enclosure that shall be constructed of material, and in a manner, to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition, or On a tie-out, consisting of a chain, leash, wire cable or similar restraint attached to a swivel or pulley. A tie-out shall be so located as to keep the animal exclusively on the secured premises. Tie-outs shall be so located that they cannot become entangled with other objects. Collars used to attach an animal to a tie-out shall not be of a choke type. No tie-out shall employ a restraint which is less than ten feet in length; That the animal has access to adequate ventilation and is protected from temperature extremes at all times. In this connection, it is unlawful for any person to keep any animal in a vehicle or other enclosed space in which the temperature is either so high or so low, or the ventilation is so inadequate, as to endanger the animal's life or health. Any peace officer or Pima County Animal Control officer (or other designated Town Enforcement Agen0 is authorized to use whatever force is reasonable and necessary to remove any animal from a vehicle or other enclosed space whenever it appears that the animal's life or health is endangered by extreme temperatures or lack of ventilation within the vehicle or other enclosed space. No peace officer or Pima County Animal Control officer (or other designated Town Enforcement Agent) shall be liable for damages to property caused by the use of reasonable force to remove an animal from such a vehicle or other enclosed space under such circumstances. Adopted January 4, 1994 --Page 5-- Any peace officer or any Pima County Animal Control officer (or other designated Town Enforcement Agent) is authorized and empowered to remove and impound any animal in plain view and suffering from life threatening exigent circumstances. The owner of any animal removed and impounded under the provisions of this section shall be liable for any impoundment, boarding or veterinary fees incurred in connection therewith. Any of the provisions of this section may be waived as dictated by treatment under the direction of a licensed veterinarian. An owner of an animal charged with a violation of this section shall produce that animal for inspection or impoundment upon the request of the Pima County Animal Control or other designated Town Enforcement Agent. All owners shall be responsible for any and all applicable impoundment and boarding fees in connection therewith. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor. Penalties. A violation of any provision of this section is punishable by a fine of not less than one hundred dollars nor more than seven hundred fifty dollars, four months in jail, two years probation, or any combination thereof. The Magistrate may not grant probation in lieu of, or otherwise suspend, the imposition of the minimum fine prescribed herein. As a condition of probation, the Magistrate may order that the owner shall not be permitted to own or control any animal for a period of up to two years. This shall not be construed to affect, in any way, the imposition of any mandatory minimum penalties provided herein. Vicious or destructive animals. It is unlawful for any person to keep, control, harbor or otherwise have under control any animal which is vicious or destructive. This section shall not apply to zoos, wild animal parks or animal shelters, or to persons who are in compliance with an order of the Town Magistrate, issued pursuant to this section. The owner of any animal that bites, attempts to bite, endangers or otherwise injures or causes injury to human beings or other animals, or destroys, damages or causes damage to the property of another person is guilty of a Class 1 misdemeanor. An owner of an animal charged with a violation of this section shall produce that animal for inspection or impoundment upon the request of the Pima County Animal Control, or other designated Town Enforcement Agent. All owners shall be responsible for any and all applicable impoundment and boarding fees in connection therewith. Adopted January 4, 1994 --Page 6-- It is unlawful for any person to fail to comply with an order of the MagisWate regarding a vicious or destructive animal. It is a separate offense for each day that such person falls to comply with the Magistrate's order. A violation of any provision of this section is punishable by a f'me of up to two thousand five hundred ($2,500.00) dollars, six (6) months in jail, three (3) years probation, or any combination thereof. The Magistrate not may grant probation in lieu of, or otherwise suspend, the imposition of the minimum fine prescribed. In addition to the above sanctions, upon the declaration of an animal as vicious or destructive, the Magistrate shall order the owner to do one or more of the following: That the animal shall be kept in an enclosure that is high enough so that the animal cannot bite, harm, or injury anyone outside the enclosure; that the enclosure and property whereon it is located shall be posted with conspicuous warning signs; and that at no time shall the animal leave the enclosure unless it is muzzled, leashed and under the control of an adult human being; or That the animal be banished from the town limits of the Town of Mararia; or 3. That the animal be spayed or neutered at the owner's expense; or That the animal be humanely destroyed; or Restitution up to one thousand ($1,000.00) dollars may be ordered made by the owner to the victim. This remedy shall not abridge any civil cause of action by the victim. It shall be an affirmative defense to the provisions of this section if the animal is: 1. Not at large and there is provocation; or 2. The dog is a police dog under the command of its trainer. In any proceeding brought to enforce a violation of this section, the following procedure shall be used. A peace officer or Pima County Animal Control officer (or other designated Town Enforcement Agent), upon determining that any animal within the town limits is vicious and is an immediate danger to the safety of any person or other animal, may impound the animal immediately. Within ten (10) days of the date of impoundment, the town Magistrate shall conduct a hearing provided under this section. Adopted January 4, 1994 --Page 7-- VI. The owner of the animal shall be notified of this hearing by the court. Lipon proof of such notification, such hearing may proceed in the owner's absence. Dangerous animals. A. Definition. Exception. A dangerous animal means one which: 1. Has been declared to be vicious or destructive pursuant this Code: or Displays or has a tendency, disposition or propensity, as determined by the city enforcement agent, to: ao Injure, bite, attack, chase or charge, or attempt to injure, bite, attack, chase or charge a person or domestic animal in a threatening manner; or Bare its teeth or approach a person or domestic animal in a threatening manner. A dangerous animal does not include an animal used in law enforcement, nor does this section apply to animals in custody of zoos or wild animal parks, animals placed in animal shelters, animals under care of veterinarians or wild animals. Declaring an Animal Dangerous Notice. The town enforcement agent shall develop guidelines to determine if an animal is a dangerous animal. Whenever the town enforcement agent has reason to believe an animal may be dangerous, an evaluation of the animal shall be conducted. If the town enforcement agent declares that an animal is dangerous, the owner shall be notified and issued an order of compliance. Once an animal is declared dangerous, the animal is dangerous until a hearing officer or judge determines otherwise. If the owner is known, he shall be provided with a written notice of his fight to file, within five (5) days of receipt of the notice, a written request with the town enforcement agefit for a heating to determine if the animal is dangerous. If the owner's whereabouts cannot be determined or the animal poses a threat to public safety or domestic animals, the animal shall be impounded and notice shall be posted on property or mailed forthwith to him at his last known address by registered or certified mail, return receipt requested. Adopted January 4, 1994 --Page 8-- Heating, Burden of Proof, Appeal. The owner of the animal may request a hearing to contest the declaration of dangerousness or contest the confinement conditions ordered by the town enforcement agent. If the owner of an impounded animal fails to appear at a hearing or fails to request a hearing, the animal shall be forfeited to the town enforcement agent to be humanely destroyed. If the owner of a non-impounded animal fails to appear at a hearing or fails to request a hearing, the animal is declared to be dangerous and the order of compliance shall remain in effect. After a request for a hearing, the town enforcement agency shall set a hearing date within five (5) working days at a time and place designated by the town enforcement agent. The hearing shall be conducted by a hearing officer selected by the town enforcement agent. The hearing shall be held in an informal manner and a record thereof shall be made by stenographic transcription or by electronic tape recording. The rules of evidence do not apply, and hearsay is admissible. It is the burden of the owner of the animal to establish by a preponderance of the evidence that the animal is not dangerous. The owner may be represented by counsel and present witnesses at his cost. The hearing officer shall make a written decision within five (5) working days of the hearing and notify the owner of the animal of the decision. a. If the decision of dangerousness is sustained by the hearing officer, the owner of the animal shall obey the order of compliance issued by the enforcement agent within the time given by the order of compliance or ten (10) days whichever is more. If the animal is found not to be dangerous, the order of compliance is null and void. The f'mding that an animal is not dangerous does not prevent the town enforcement agent from declaring an animal dangerous again if the agent has additional reasons to believe the animal is dangerous after a new evaluation of the animal is conducted. Adopted January 4, 1994 --Page 9-- Appeal of the decision of the hearing officer shall be by way of special action to the Superior Court on the record of the hearing. If either party claims the record to be incomplete or lost, and the hearing officer who conducted the hearing so certifies, a new hearing shall be conducted before that officer. The appealing party shall bear the cost of preparing the record of the hearing on appeal. No appeal shall be taken later than thirty (30) days after the decision. Order of Compliance, Confinement, Muzzled, Signs, Insurance, Identification, Spaying or Neutering. When an animal is declared dangerous, the town enforcement agent shall issue an order of compliance requiring the owner within thirty (30) days to: Confine the animal sufficiently to prevent the animal's escape as follows: ao The town enforcement agent shall determine the appropriate fencing requirements for the size and nature of the animal. The town enforcement agent may require a fence including gates to be six (6) feet in height; the fence from five (5) feet in height to six (6) feet in height to incline to the inside of the confinement area at a forty five-degree angle from the vertical; or that the confinement area be wholly covered by a material strong enough to keep the animal from escaping. be The town enforcement agent may require the bottom of the confinement area to be of concrete, cement or asphalt, or of blocks or bricks set in concrete or cement; or if such bottom is not provided, then a footing of such material shall be placed along the whole perimeter of the confinement area to a depth of one (1) foot below ground level, or deeper if required by the town enforcement agent. The gates to the confinement area shall be locked at all times with a padlock except while entering or exiting. The town enforcement agent may require temporary confinement measures until the order of compliance has been obeyed or the hearing officer determines that the animal is not dangerous. If the owner does not immediately comply with the temporary confinement requirements, the animal shall be impounded. Muzzle and restrain the animal outside the conf'mement area with a leash, chain, rope or similar device not more than six (6) feet in length sufficient Adopted January 4, 1994 --Page 10-- to restrain the animal and under the control of a person capable of preventing the animal from engaging in any prohibited behavior. Post a sign on every gate or entry way to the confinement area stating "Beware of Dangerous Animal. Per Mararia Animal Control Code." Obtain and maintain liability insurance in a singe incident amount of fifty thousand dollars ($50,000.00), unless the animal has been declared to be vicious or destructive pursuant to this Code, in which case the amount of insurance shall be no less than two hundred fifty thousand dollars ($250,000.00), to cover any damage or injury that may be caused by the dangerous animal. The town enforcement agent shall maintain a registry of the animals, owners and insurance carrier for each dangerous animal. Pay the reasonable cost to the town enforcement agent to tattoo the animal with an identification number. The town enforcement agent shall maintain a registry of such numbers and the owners of the animals. Have a licensed veterinarian spay or neuter the animal at the owner's expense. The owner shall obtain written certification signed by the veterinarian that the spaying or neutering has been preformed; Consent to Inspection, Inspection, Failure to Obey Order of Compliance, Seizure of Animal. By continuing to own an animal declared dangerous, an owner gives consent to the town enforcement agent or any law enforcement officer to inspect the animal declared dangerous, the premises where the animal is kept, and the liability insurance documents required for the animal(s), and the veterinarian's certificate of spaying or neutering for the animal(s). The town enforcement agent may seize and impound the dangerous animal if the owner falls to obey the order of compliance. Five (5) days after the seizure, the town enforcement agent may humanely destroy the animal unless owner has demonstrated obedience to the order of compliance. The owner of the animal is responsible for any impound fees. If the owner of the animal demonstrates proof that the order of compliance has been obeyed, then the animal will be returned to the owner after payment of impound fees. Any action taken under this section shall be in addition to any available criminal penalties. Adopted January 4, 1994 --Page 11-- F. Required Acts and Unlawful Activities. An owner of an animal declared dangerous shall obey the order of compliance. An owner of an animal declared dangerous shall not sell, give away, abandon or otherwise dispose of the animal without notifying the town enforcement agent in writing in advance. An owner of an animal declared to be dangerous shall provide proof of liability insurance and the veterinarians's certificate of spaying or neutering to the town enforcement agent upon demand. An owner of an animal declared dangerous shall not prevent or try to prevent inspection of the animal or the premises where the animal is kept. When the owner of an animal is notified that the town enforcement agent is evaluating an animal or wants to evaluate an animal to determine if the animal is dangerous, the owner of the animal shall present the animal for inspection within twenty four (24) hours of a request by the town enforcement agent. The owner shall not sell, give away, bide or otherwise prevent the town enforcement agent from realring an evaluation of the animal. The owner of an animal declared to be dangerous shall prevent the animal from running at large as defined in this Code. The owner of an animal declared to be dangerous shall prevent the animal from biting, injuring or attacking any person or domestic animal outside of the confinement area. G. Minimum Penalties, Enhancement. A person convicted for the first time of any offense prohibited by section IV (F)(1) through (6) shall be punished by imprisonment for not less than twenty four (24) hours nor more than six (6) months and by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00). A person convicted of a second or subsequent offense prohibited by section IV (F)(1) through (6) shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months and by a fine of not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00). No judge may grant probation to or suspend the imposition of the minimum jail sentence and fine prescribed herein upon a conviction of any offense prohibited in section IV (F)(1) through (6). In addition, Adopted January 4, 1994 --Page 12-- a person convicted of any offense prohibited in section IV (F)(1) through (6) may be placed on probation for not more than three (3) years and the dangerous animal may be ordered humanely destroyed or banished from the town after first being spayed or neutered by a licensed veterinarian at the owner's expense. If the animal is not spayed or neutered within the time given by the court, the animal is forfeited to the town enforcement agent to be humanely destroyed. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein. o A person convicted of violating section IV (F) (7) shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months and by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000~00). No judge may grant probation to or suspend the imposition of the minimum jail sentence and fine prescribed herein upon a person convicted of violating section IV (F)(7). In addition, a person convicted of violating section IV (F)(7) may be placed on probation for not more than three (3) years and the dangerous animal shall be ordered humanely destroyed. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein. Wherever in this section any act is prohibited or declared to be unlawful or the doing of any act is required or the failure to do an act is declared to be unlawful, the violation of such provision of this section is a misdemeanor punishable (except for the penalties already set forth herein by a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) and/or by imprisonment and not more than six (6) months. No judge may grant probation to or suspend the imposition of the minimum fine prescribed here're. In addition, a person may be placed on probation fornot more than three (3) years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided here're. Each day any violation continues or occurs shall constitute a separate offense. VII. Excessive noise caused by animals or birds It shall be unlawful to own, possess, harbor, or control any animal or bird which frequently or for continuous duration howls, barks, meows, squawks, or makes other sounds, if they are clearly audible sounds beyond the property line of the property on which they are conducted and they disturb the public peace, quiet or comfort of the neighboring inhabitants. Adopted January 4, 1994 --Page 13-- The provisions of this section shall be enforced and administered by Pima County Animal Control (or other designated Town Enforcement Agent) and appropriate local law enforcement. Go A violation of any provision of this section is a civil infraction and will be adjudicated by the town Magistrate. Do If the owner of the animal or bird which has engaged in an activity prohibited by this section cannot be determined, the owner, lessee or occupant of the property on which the activity is located shall be deemed responsible for the violation. Each day's continuance of a violation under this section shall be determined a separate offense. A fine of not less than fifty ($50.00) dollars, nor more than three hundred ($300.00) dollars shall be imposed for each violation. Persons wishing to continue activities which constitute a violation of this section but were commenced prior to the enactment of the ordinance codified in this section may seek an exemption from the town Magistrate. Such an exemption may be granted if the Magistrate finds that strict application of this section would cause undue hardship and that there is no reasonable or productive alternative method of engaging the activity. VIII. Authority to enforce, remove and impound Any peace officer or Pima County Animal Control officer (or other designated Town Enforcement Agent) is hereby authorized and empowered to enforce the provisions of this Ordinance and Code and to issue citations for violations thereof. Pima County Animal Control shall have primary responsibility for the enforcement of this Code. go If a peace officer or a Pima County Animal Control officer (or other designated Town Enforcement Agent) has issued a citation for a violation of this Ordinance and Code or of the Arizona Revised Statutes, and reasonably believes that the violation will continue, the officer is authorized and empowered to remove and impound the animal. The owner of any animal removed and impounded under the provisions of this Code shall be liable for any impoundment, boarding or veterinary fees incurred in connection therewith. IX. Rules of procedure All civil proceedings under this Code shall be governed by the 17B A.R.S. Traffic Violation Cases Civ. Proc. Rules, as amended. Adopted January 4, 1994 --Page 14-- 211 RESOLUTION NO. 1993- RESOLUTION OF THE BOARD OF SUPERVISORS OF PIMA COUNTY, ARIZONA, APPROVING AND AUTHORIZING EXECUTION INTERGOVERNMENTAL AGREEMENT BETWEEN PIMA COUNTY AND THE TOWN OF MARANA BE IT RESOLVED BY THE PIMA COUNTY BOARD OF SUPERVISORS AS FOLLOWS: SECTION I: That the execution of the Intergovernmental Agreement between Pima County and the Town of Marana relating to animal control services is hereby authorized and approved. SECTION II: That the purpose of this Agreement is to provide animal control services to the town of Marana, on a reimbursement basis, and to grant limited police powers to the County Enforcement Agent within the boundaries of the Town of Marana. SECTION III: That the Intergovernmental Agreement shall become effective upon the date a fully executed copy is filed with the Pima County Recorder's Office or the Secretary of State, as applicable. SECTION IV: That the Chairman of the Board of Supervisors, Mike Boyd, is hereby authorized and directed to execute said Agreement on behalf of Pima County. SECTION V: That the various County officers and employees be and here- by are authorized and directed to perform all acts necessary or desirable to give effect to this Resolution. PASSED AND ADOPTED THIS 7th day of Dec6T~ber, 1993. PIMA COUNTY BOARD OF SUPERVISORS Mike Boyd, C airm n APPJA~.T~£2s, Clerk of the Board CONTRACT NO. o/-o/-/zy -//£3oq- AMENDMENT NO. INTERGOVERNMENTAL AGREEMENT FOR SERVICES PURSUANT TO A.R.S. § 11-951, ET SEQ. BY i~ll~E~pondenoe, ~ TOWN OF MARANA, A MV0iWICIPAL CORPORA~I~Wn~ P]l~ining to COUNTY, ARIZONA, A POLIT/CAL SUBDMSION O1: ~'I3TATE OF ARIZONA REI.&TING TO ANIMAL CONTROL. on ibis THIS AGREEMENT made and entered into this 7~ day of December , 1993, by and between the TOWN OF MARANA, a municipal corporation (hereinafter "TOWN"), and Pima County, Arizona, a political subdivision of the State of Arizona (hereinafter "COUNTY"), for the purpose of entering into a cooperative effort for the provision of animal control services between Pima County, through the Pima Animal Control Center, and the Town of Mararia for the enforcement of the Town of Marana Animal Control Code. WITNESSETH: WHEREAS, the Town Council of the TOWN desires to enter into an agreement with the COLrNTY for the provision of animal control services relating to enforcement of leash law ordinances, biting dog ordinances, and animal cru~lty ordinances and to provide for the impoundment and sheltering of stray animals; WHEREAS, the COUNTY has trained personnel capable of enforcing the TOWN Animal Control Ordinances and has facilities for the impoundment and sheltering of stray animals; WHEREAS, the COUNTY is engaged in certain activities relating to the operation of a COUNTY pound, vaccination and rabies control, stray animal impoundment, including an animal control center, and is therefore presently able to provide assistance and services to the TOWN for animal control; and WHEREAS, in accordance with A.R.S. § 11-951 et seq., the TOWN and COUNTY are expressly authorized to enter into intergovernmental agreements, NOW, THEREFORE, THE TOWN AND COUNTY DO HEREBY AGREE: 1. The County Enforcement Agent, hereinbefore designated by the Pima County Board of Supervisors to be the Pima Animal Control Center, and all employees thereunder, be named "Town Enforcement Agents." 2. The Town Enforcement Agent shall administer and enforce the provisions of the Marana Animal Control Code, state and county law, and all services related thereunder, including such amendments to said codes as may be passed from time to time. --Page 1-- §,e 9.9.~ 3. For the purposes of this agreement, that certain ordinance know as the Town of Marana Animal Control Code is hereby adopted and made a part of this agreement by reference as if specifically set forth herein. 4. The Town Enforcement Agents are, pursuant to this agreement, granted those limited police powers necessary from time to time to carry out duties imposed by this agreement, together with any and all such further powers as may be necessary for such agents to engage in the vaccination, licensing and other activities arising from their duties as Town Enforcement Agents. 5. It is further agreed that the scope of services of this enforcement program as set forth in Exhibit "A" attached hereto, shall be carried out in accordance with the desires of thd COUNTY and TOWN as such desires may be expressed from time to time by the Pima County Board of Supervisors or the Town Council of Marana. The scope of service requirements shall be reviewed annually during the TOWN budget process and service level requirements shall be revised, if necessary, in accordance with availability of funds allocated for animal control purposes by the TOWN. Any such revision shall be in the form of an amendment to this agreement. 6. The TOWN Prosecutor shall prosecute all criminal matters and the Mararia Magistrate Court shall handle criminal and civil matters arising out of the enforcement of the Marana Animal Control Code, as amended, pursuant to this agreement. All fines collected by the Marana Magistrate Court as a result of the enforcement of the Marana Animal Control Code, as amended, shall be the property of the TOWN, and the TOWN shall be entitled to use the funds for its own purposes. 7. The Town Enforcement Agent, acting under this agreement, shall collect animal licensing and kennel fees and such fees as may be rendered applicable under the Mararia Animal Control Code and/or state or county ordinance, including but not limited to A.R.S. § 11-1101 et. seq., said funds to be credited to the TOWN for costs incurred pursuant to this agreement. 8. The COUNTY shall, before the beginning of the COUNTY fiscal year, submit to the TOWN a copy of the proposed succeeding fiscal year operating and capital outlay budget by jurisdiction, including but not limited to estimated of income from all fees, licenses and charges by jurisdiction and estimated TOWN contributions to the Animal Control budget, if any. TOWN contributions shall be paid on an annual basis as hereinafter set forth. --P~e2-- 9. The TOWN shall be extended complete cooperation and access to all documents relating to the Pima Animal Control Center. 10. Persons employed by the COUNTY in performance of services and functions pursuant to this agreement shall have no claim to pension, civil service or other employee rights granted by the TOWN to its officers and employees. I 1. The parties stipulate and agree that COUNTY is not an employee of the TOWN, and is performing its duties hereunder as an independent contractor, Supplying its own employees, and maintaining its own insurance, worker's compensation insurance, and handling all of its own internal accounting. The TOWN in no way controls, directs or has any direct responsibility for the actions of the COUNTY herein. The COUNTY shall further be responsible for compliance with the United States Immigration Reform and Control Act of 1986, and the Americans with Disabilities Act, and shall indemnify and hold harmless the TOWN for any liability arising from failure of the COUNTY to comply with said acts. Said indemnification ~o include costs of suit pursuant to Paragraph 12 of this Agreement. 12. The COUNTY shall indemnify, defend and hold harmless TOWN, its officers, departments, employees and agents from and against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any kind or nature arising out of this Agreement which are attributed to any act or omission of COUNTY, its agents, employees, or anyone acting under its direction, control or on its behalf, whether intentional or negligent, in connection with or incident to this Agreement. 13. The COUNTY, through its Health Department's Director, shall submit to the TOWN on an annual basis, prior to June 30, a statement of year-to-date receipts, disbursements and balance of the Pima County Rabies Control Fund by jurisdiction. In the event that the annual TOWN disbursements shall exceed the annual TOWN receipts, the TOWN shall deposit funds sufficient to cover such TOWN deficit in the Pima County Rabies Control Fund within thirty (30) days after official request for funds. In no event shall the total obligations of the TOWN, prior to any credit as allowed herein or otherwise, for any fiscal year, exceed the sum of ten thousand dollars ($10,000.00). In the event that the disbursements by the COUNTY for the TOWN for any fiscal year exceed the sum of ten thousand ($10,000.00) dollars, the county shall set the amount due at ten thousand dollars, --Page 3-- and shall deduct from that amount, any receipts and credits as provided herein. In the event this paragraph must apply to a partial year, such as the first year of this agreement, the ten thousand dollar ceiling shall be prorated for such year. Should there be no TOWN deficit for a particular year, the TOWN surplus in the Pima County Rabies Control Fund shall be credited to the following year, to be treated as part of TOWN receipts in the calculation of a TOWN deficit, if any, for the next year. The procedure set forth herein shall be followed for each year during the term of this agreement. Should a TOWN surplus in the Pima County Rabies Control Fund result from the calculations made at the conclusion of the final period-end of this agreement, an amount equal to suck a TOWN §urplus shall be returned to the TOWN by the Pima Animal Control Cente{ within thirty (30) days. 14. The terms of this agreement shall become effective upon recordation with Pima County Recorder's Office, and shall continue until June 30, 1994. 15. This agreement and all obligations upon the COUNTY or TOWN arising therefrom shall be subject to any limitation imposed by budget law or other applicable state or local law or regulation. 16. This agreement may be terminated by either party upon six (6) months written notice. Upon termination, a final statement shall be sent to the TOWN by the Pima County Animal Control Center. Within thirty (30) days of receipt thereof, the TOWN shall tender payment of any deficit or the Pima County Animal Control Center shall tender payment of any surplus. 17. Any assignment or attempted assignment of this Agreement by either party without the prior written consent of the other party shall be void. 18. The failure of either party to insist on any one or more instances upon the full and complete performance of any of the terms and provisions of this Agreement to be performed on the part of the other, or to take any action permitted as a result thereof, shall not be construed as a waiver or relinquishment of the right to insist upon full and complete performance of the same, or any other covenant or condition, either in the past or in the future. The acceptance by either party of sums less than may be due and owing it at any time shall not be construed as an accord and satisfaction. --Page 4-- 19. Pursuant to A.R.S. § 38-511, the state, its political subdivisions or any department of either, may, within three years after its execution, cancel any contract, without penalty or further obligation, made by the state, its political subdivisions, or any of the departments or agencies of either if any person significanfiy involved in initiating, negotiating, securing, drafting or creating the contract on behalf of the state, its political subdivisions or any of the departments or agencies of either is, at any time, while the contract or any extension of the contract is in effect, an employee or agent of any other party to the contract in any capacity or a consultant to any other party to the contract with respect to the subject matter of the contract. 20. The parties hereto shall comply with all applicable federal, state and local statutes, ordinances and regulations. IN WITNESS WHEREOF, we have hereunto set our hands this 7th day of December , 1993. PIMA COUNTY BOARD OF SUPERVISORS CHAIRMAN '~ DiC - 7 1993 A T: TOWN OF MARANA, a municipal corporation, By: MAYOR --Page 5-- This contract which is an agreement between public agencies has been reviewed pursuant to A.R.S. § 11-951 by the undersigned Town Attorney and Deputy County Attorney who have determined that it is proper form and is within the powers and authority granted under the laws of the State of Arizona. DEPUTY COUNTY ATTORNEY --Page 6-- "EXHIBIT A" SCOPE OF ANIMAL CONTROL SERVICES FOR THE TOWN OF MARANA FY 93/94: ESTIMATED WORKLOAD SERVICES: TYPE/ACTIVITY ANIMAL BITES BITING DOG DOGS AT LARGE NIJISAIqCF_JMISC. ANIMALS IMPOUNDED EUTHANASIA SERVICE AND COSTS FOR ENFORCEMENT AND SHELTER EST. WORKIX}AD EST. COST 15 CASES $1,173.00 1 CASE $ 289.00 120 CASES $2,775.00 35 CASES $1,203.00 87 ANIMALS $1,607.00 58 ANIMALS $ 530.00 ENFORCEMENT & SHELTER COSTS $7,577.00 ESTIMATED WORKLOAD AND COSTS FOR LICENSING AND GENERAL PUBLIC SERVICES: TYPE/ACTIVITY EST. WORKLOAD EST. COST LICENSE PROCESSING 449 LICENSES ADOPTION/REDEMPTIONS 28 ANIMALS DEAD ANIMAL REMOVAL 22 CALLS PUBLIC ED/RELATIONS 2 ENC. $1,282.00 $ 514.00 $ 245.00 $ 68.00 LICENSING & GENERAL SERVICES COSTS $2,109.00 ESTIMATED TOTAL COSTS $9,686.00 --Page 7- Xo Severance Clause If any section, subsection, sentence, clause, phrase or portion of this Ordinance and/or Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions therefor. Adopted 1anuary 4, 1994 --Page 15-- CERTIFIED ~,~/i \ Original~ Copy .. AN AL CO ROL CODE :.-/ Adopted January 4, 1994 I. Definitions The following definitions shall apply throughout this entire code, unless the context otherwise requires: A. "Animal" means every non-human mammalian species of animal, both domestic and wild. B. "At large" means being neither confined by an enclosure nor physically restrained by a leash. C. "Bite" means any penetration of the skin by the teeth of any animal. D. "Biting animal" means any animal that bites, or otherwise injures human beings or other animals without provocation. E. "Collar" means a band, chain, harness or suitable device worn around the neck of a dog to which a license may be affixed. F. "Destructive animal" means any animal that has a propensity to destroy, damage or cause damage to the property of a person other than the animal's owner. G. "Dog" means any member of the canine species. H. "Impound" means the act of taking or receiving an animal into custody for the purpose of confinement at Pima County Animal Control Facility. I. "Leash" or "lead" means a chain, rope, leather strap, cord or similar restraint attached to a collar or harness or otherwise secured around an animal's neck. J. "Licensed dog" means any dog having a current license. K. "Livestock" means meat animals, horses, sheep, goats, swine, mules and asses. L. "Owner" means any person owning, keeping, possessing, harboring, maintaining or having custody or otherwise having control of an animal within the town limits. Adopted January 4, 1994 --Page 1-- II. "Police dog" means any dog belonging to any law enforcement agency service dog unit. "Property line" means the line which represents the legal limits of property (including an apartment, condominium, room or other dwelling unit) owned, leased or otherwise occupied by a person, business, corporation or institution. In cases involving sound from an activity on a public street or other public right- of-way, the "property line" shall be the nearest boundary of the public right-of- way. "Provocation" means any behavior toward an animal or its owners or its owner's property which is likely to cause a defensive reaction by the animal. "Tie-out" means a chain, leash, wire cable or similar restraint attached to a swivel or pulley. "Under restraint" means an animal secured by a leash or lead and under control of a responsible person; or confined within a vehicle; or located upon the real property limits of its owner. "Vaccination" means an anti-rabies vaccination using a type of vaccine approved by the State Veterinarian and administered by a state licensed veterinarian. "Vicious animal" means any animal that bites, attempts to bite, endangers or otherwise injures or causes to be injured human beings or other animals. Licensing of dogs; vaccination; kennel permits; other regulations The provisions of this Code are in addition to any requirements under United States law, Arizona law, Pima County law and other applicable regulations relating to the licensing of dogs, vaccination, kennel permits, and other regulations which are not in conflict with the regulations contained in this Code. III. Dogs at large prohibited--Dog waste removal required--Penalty--Exceptions. It shall be a civil infraction for any dog to run at large within the Town of Marana upon the streets, sidewalks, alleys, or other public property, or upon the private premises of another person. B. Dogs may be at large as an exception to this section as follows: While participating in field trials, obedience classes, or kennel club events where such trials, classes or events have been approved by the Town of Marana or Pima County Animal Control. 2. While being used or trained for legal hunting or for control of livestock. Adopted January 4, 1994 --Page 2-- 3. While assisting a peace officer engaged in law enforcement duties. Guide dogs while assisting blind, deaf or physically handicapped persons, so long as such dogs are under direct and effective voice control of such individual to assure that they do not violate any other provisions of law. It shall be a civil infraction for the owner or person having custody of any dog to fall immediately to remove and dispose of in a sanitary manner any solid waste deposited by such dog on public property or deposited on private property without the consent of the person in control of the property. Subsection C of this section shall not apply to blind persons, persons with mobility disabilities, or law enforcement officers accompanied by police dogs while on duty. It shall be a civil infraction for the owner or person having custody of any dog to deposit, cause to be deposited, or allow to accumulate within or about such premises, for a longer time than twenty-four hours, any solid wastes from dogs. This provision is to include animal wastes on private property, including property owned, leased or controlled by the owner of the dog. E. A violation of any provision of this section is punishable as follows: For a first violation within a twelve (12) month period, a fine of not less than twenty-five dollars ($25.00), nor more than three hundred dollars ($300.00). For a second violation within a twelve (12) month period, a fine of not less than seventy-five dollars ($75.00), nor more than three hundred ($300.00) dollars. For a third or subsequent violation within a twelve (12) month period, a fine of not less than two hundred dollars ($200.00), nor more than three hundred dollars ($300.00). Default--Any individual having received a notice of violation and falling to appear at the hearing time designated in the notice of violation, or time designated for hearing by the Court, shall be deemed to have admitted the allegations of the complaint, and the Court shall enter judgment for the town, and impose a civil sanction in accordance with the provisions of this section. In the event that any penalty ordered to be paid by the Court or forfeited pursuant to default is not paid within thirty (30) days of the Magistrate's order, appropriate civil proceedings both legal and equitable may be instituted by the Town Attorney in order to enforce the administrative order. In addition, the Magistrate may institute judicial proceedings as Adopted January 4, 1994 ~-P~e3-- provided by law to collect said penalty. All penalties collected pursuant to this section shall be paid to and become the property of the Town of Marana. A Pima County Animal Control officer, or other designated Town Enforcement Agent may, in addition to the procedures prescribed in Section II, impound, or cause to be impounded, any dog running at large contrary to the provisions of this section. Go Upon the impounding of a licensed dog, the owner shall be immediately notified in person or by mail, and may reclaim such dog upon payment of all costs and charges incurred in picking up, impounding and maintaining said dog. Any licensed dog unclaimed within seven (7) days of its impoundment may be placed for adoption or humanely destroyed within the discretion of Pima County Animal Control. Any unlicensed dog unclaimed within three (3) days may be placed for adoption or humanely destroyed within the discretion of Pima County Animal Control. IV. Cruelty and neglect of animals. Ao Cruelty. Whoever overdrives, overloads, overworks, tortures, torments, cruelly beats, mutilates or unlawfully kills an animal, or causes or procures an animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, cruelly beaten, mutilated or killed, and whoever, having charge or custody of an animal, either as owner or otherwise, inflicts unnecessary cruelty upon it, cruelly drives or works it when unfit for labor, or cruelly abandons it, or carries it or causes it to be carried in or upon a vehicle or otherwise, in an unnecessarily cruel or inhumane manner or knowingly and wilfully authorizes or permits it to be subjected to unreasonable or unnecessary torture, suffering or cruelty of any kind, shall be guilty of a class 2 misdemeanor. go Neglect. The purpose of this subsection is to guarantee that animals under human custody or control are housed in healthy environments and are provided with proper food, water, shelter, medical care, exercise space and ventilation. Any person owning or having care, control or custody of any animal shall provide: That the animal receives daily, food that is free from contamination and is of sufficient quantity and nutritive value to maintain the animal in good health; That potable water is accessible to the animal at all times, either free- flowing or in a clean receptacle; o That except for livestock, all animals have convenient access to natural or artificial shelter throughout the year. Any such artificial shelter shall be Adopted January 4, 1994 --Page 4-- stmcturally sound and maintained in good repair to protect the animal from injury and from the elements, and of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation or drainage, shall not comply with this section. Any shelter, all bedding and any spaces accessible to the animal shall be maintained in a manner which minimizes the risk of the animal contracting disease, being injured, or becoming infested with parasites; That the animal receives care and medical treatment for debilitating injuries, parasites and diseases, sufficient to maintain the animal in good health and minimize suffering; That the animal is given adequate exercise space either; Within an enclosure that shall be constructed of material, and in a manner, to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition, or On a tie-out, consisting of a chain, leash, wire cable or similar restraint attached to a swivel or pulley. A tie-out shall be so located as to keep the animal exclusively on the secured premises. Tie-outs shall be so located that they cannot become entangled with other objects. Collars used to attach an animal to a tie-out shall not be of a choke type. No tie-out shall employ a restraint which is less than ten feet in length; That the animal has access to adequate ventilation and is protected from temperature extremes at all times. In this connection, it is unlawful for any person to keep any animal in a vehicle or other enclosed space in which the temperature is either so high or so low, or the ventilation is so inadequate, as to endanger the animal's life or health. Any peace officer or Pima County Animal Control officer (or other designated Town Enforcement Agent) is authorized to use whatever force is reasonable and necessary to remove any animal from a vehicle or other enclosed space whenever it appears that the animai's life or health is endangered by extreme temperatures or lack of ventilation within the vehicle or other enclosed space. No peace officer or Pima County Animal Control officer (or other designated Town Enforcement Agent) shall be liable for damages to property caused by the use of reasonable force to remove an animal from such a vehicle or other enclosed space under such circumstances. Adopted January 4, 1994 --Page 5-- Any peace officer or any Pima County Animal Control officer (or other designated Town Enforcement Agen0 is authorized and empowered to remove and impound any animal in plain view and suffering from life threatening exigent circumstances. The owner of any animal removed and impounded under the provisions of this section shall be liable for any impoundment, boarding or veterinary fees incurred in connection therewith. Do Any of the provisions of this section may be waived as dictated by treatment under the direction of a licensed veterinarian. An owner of an animal charged with a violation of this section shall produce that animal for inspection or impoundment upon the request of the Pima County Animal Control or other designated Town Enforcement Agent. All owners shall be responsible for any and all applicable impoundment and boarding fees in connection therewith. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor. Penalties. A violation of any provision of this section is punishable by a fine of not less than one hundred dollars nor more than seven hundred fifty dollars, four months in jail, two years probation, or any combination thereof. The Magistrate may not grant probation in lieu of, or otherwise suspend, the imposition of the minimum fine prescribed herein. As a condition of probation, the Magistrate may order that the owner shall not be permitted to own or control any animal for a period of up to two years. This shall not be construed to affect, in any way, the imposition of any mandatory minimum penalties provided herein. Vicious or destructive animals. Ao It is unlawful for any person to keep, control, harbor or otherwise have under control any animal which is vicious or destructive. This section shall not apply to zoos, wild animal parks or animal shelters, or to persons who are in compliance with an order of the Town Magistrate, issued pursuant to this section. The owner of any animal that bites, attempts to bite, endangers or otherwise injures or causes injury to human beings or other animals, or destroys, damages or causes damage to the property of another person is guilty of a Class 1 misdemeanor. Co An owner of an animal charged with a violation of this section shall produce that animal for inspection or impoundment upon the request of the Pima County Animal Control, or other designated Town Enforcement Agent. All owners shall be responsible for any and all applicable impoundment and boarding fees in connection therewith. Adopted January 4, 1994 --P~e6-- It is unlawful for any person to fail to comply with an order of the Magistrate regarding a vicious or destructive animal. It is a separate offense for each day that such person fails to comply with the Magistrate's order. A violation of any provision of this section is punishable by a fine of up to two thousand five hundred ($2,500.00) dollars, six (6) months in jail, three (3) years probation, or any combination thereof. The Magistrate not may grant probation in lieu of, or otherwise suspend, the imposition of the minimum fine prescribed. In addition to the above sanctions, upon the declaration of an animal as vicious or destructive, the Magistrate shall order the owner to do one or more of the following: That the animal shall be kept in an enclosure that is high enough so that the animal cannot bite, harm, or injury anyone outside the enclosure; that the enclosure and property whereon it is located shall be posted with conspicuous warning signs; and that at no time shall the animal leave the enclosure unless it is muzzled, leashed and under the control of an adult human being; or That the animal be banished from the town limits of the Town of Marana; or 3. That the animal be spayed or neutered at the owner's expense; or 4. That the animal be humanely destroyed; or Restitution up to one thousand ($1,000.00) dollars may be ordered made by the owner to the victim. This remedy shall not abridge any civil cause of action by the victim. G. It shall be an affirmative defense to the provisions of this section if the animal is: 1. Not at large and there is provocation; or 2. The dog is a police dog under the command of its trainer. In any proceeding brought to enforce a violation of this section, the following procedure shall be used. A peace officer or Pima County Animal Control officer (or other designated Town Enforcement Agent), upon determining that any animal within the town limits is vicious and is an immediate danger to the safety of any person or other animal, may impound the animal immediately. Within ten (10) days of the date of impoundment, the town Magistrate shall conduct a hearing provided under this section. Adopted January 4, 1994 --Page 7-- The owner of the animal shall be notified of this hearing by the court. Upon proof of such notification, such hearing may proceed in the owner's absence. VI. Dangerous animals. A. Definition. Exception. A dangerous animal means one which: 1. Has been declared to be vicious or destructive pursuant this Code: or Displays or has a tendency, disposition or propensity, as determined by the city enforcement agent, to: Injure, bite, attack, chase or charge, or attempt to injure, bite, attack, chase or charge a person or domestic animal in a threatening manner; or Bare its teeth or approach a person or domestic animal in a threatening manner. A dangerous animal does not include an animal used in law enforcement, nor does this section apply to animals in custody of zoos or wild animal parks, animals placed in animal shelters, animals under care of veterinarians or wild animals. B. Declaring an Animal Dangerous Notice. The town enforcement agent shall develop guidelines to determine if an animal is a dangerous animal. Whenever the town enforcement agent has reason to believe an animal may be dangerous, an evaluation of the animal shall be conducted. If the town enforcement agent declares that an animal is dangerous, the owner shall be notified and issued an order of compliance. Once an animal is declared dangerous, the animal is dangerous until a hearing officer or judge determines otherwise. If the owner is known, he shall be provided with a written notice of his right to file, within five (5) days of receipt of the notice, a written request with the town enforcement agent for a hearing to determine if the animal is dangerous. If the owner's whereabouts cannot be determined or the animal poses a threat to public safety or domestic animals, the animal shall be impounded and notice shall be posted on property or mailed forthwith to him at his last known address by registered or certified mail, return receipt requested. Adopted January 4, 1994 --Page 8-- Hearing, Burden of Proof, Appeal. The owner of the animal may request a hearing to contest the declaration of dangerousness or contest the confinement conditions ordered by the town enforcement agent. If the owner of an impounded animal falls to appear at a hearing or falls to request a hearing, the animal shall be forfeited to the town enforcement agent to be humanely destroyed. If the owner of a non-impounded animal falls to appear at a hearing or falls to request a hearing, the animal is declared to be dangerous and the order of compliance shall remain in effect. After a request for a hearing, the town enforcement agency shall set a hearing date within five (5) working days at a time and place designated by the town enforcement agent. The hearing shall be conducted by a hearing officer selected by the town enforcement agent. The hearing shall be held in an informal manner and a record thereof shall be made by stenographic transcription or by electronic tape recording. The rules of evidence do not apply, and hearsay is admissible. It is the burden of the owner of the animal to establish by a preponderance of the evidence that the animal is not dangerous. The owner may be represented by counsel and present witnesses at his cost. The heating officer shall make a written decision within five (5) working days of the hearing and notify the owner of the animal of the decision. If the decision of dangerousness is sustained by the heating officer, the owner of the animal shall obey the order of compliance issued by the enforcement agent within the time given by the order of compliance or ten (10) days whichever is more. If the animal is found not to be dangerous, the order of compliance is null and void. The finding that an animal is not dangerous does not prevent the town enforcement agent from declaring an animal dangerous again if the agent has additional reasons to believe the animal is dangerous after a new evaluation of the animal is conducted. Adopted January 4, 1994 --P~e9-- Appeal of the decision of the hearing officer shall be by way of special action to the Superior Court on the record of the heating. If either party claims the record to be incomplete or lost, and the heating officer who conducted the hearing so certifies, a new hearing shall be conducted before that officer. The appealing party shall bear the cost of preparing the record of the hearing on appeal. No appeal shall be taken later than thirty (30) days after the decision. Do Order of Compliance, Confinement, Muzzled, Signs, Insurance, Identification, Spaying or Neutering. When an animal is declared dangerous, the town enforcement agent shall issue an order of compliance requiring the owner within thirty (30) days to: Confine the animal sufficiently to prevent the animal's escape as follows: The town enforcement agent shall determine the appropriate fencing requirements for the size and nature of the animal. The town enforcement agent may require a fence including gates to be six (6) feet in height; the fence from five (5) feet in height to six (6) feet in height to incline to the inside of the confinement area at a forty five-degree angle from the vertical; or that the confinement area be wholly covered by a material strong enough to keep the animal from escaping. The town enforcement agent may require the bottom of the confinement area to be of concrete, cement or asphalt, or of blocks or bricks set in concrete or cement; or if such bottom is not provided, then a footing of such material shall be placed along the whole perimeter of the confinement area to a depth of one (1) foot below ground level, or deeper if required by the town enforcement agent. The gates to the confinement area shall be locked at all times with a padlock except while entering or exiting. The town enforcement agent may require temporary confinement measures until the order of compliance has been obeyed or the hearing officer determines that the animal is not dangerous. If the owner does not immediately comply with the temporary confinement requirements, the animal shall be impounded. Muzzle and restrain the animal outside the confinement area with a leash, chain, rope or similar device not more than six (6) feet in length sufficient Adopted January 4, 1994 --Page 10-- to restrain the animal and under the control of a person capable of preventing the animal from engaging in any prohibited behavior. Post a sign on every gate or entry way to the confinement area stating "Beware of Dangerous Animal. Per Marana Animal Control Code." Obtain and maintain liability insurance in a singe incident amount of fifty thousand dollars ($50,000.00), unless the animal has been declared to be vicious or destructive pursuant to this Code, in which case the amount of insurance shall be no less than two hundred fifty thousand dollars ($250,000.00), to cover any damage or injury that may be caused by the dangerous animal. The town enforcement agent shall maintain a registry of the animals, owners and insurance carrier for each dangerous animal. Pay the reasonable cost to the town enforcement agent to tattoo the animal with an identification number. The town enforcement agent shall maintain a registry of such numbers and the owners of the animals. Have a licensed veterinarian spay or neuter the animal at the owner's expense. The owner shall obtain written certification signed by the veterinarian that the spaying or neutering has been preformed. Consent to Inspection, Inspection, Failure to Obey Order of Compliance, Seizure of Animal. By continuing to own an animal declared dangerous, an owner gives consent to the town enforcement agent or any law enforcement officer to inspect the animal declared dangerous, the premises where the animal is kept, and the liability insurance documents required for the animal(s), and the veterinadan's certificate of spaying or neutering for the animal(s). The town enforcement agent may seize and impound the dangerous animal if the owner falls to obey the order of compliance. Five (5) days after the seizure, the town enforcement agent may humanely destroy the animal unless owner has demonstrated obedience to the order of compliance. The owner of the animal is responsible for any impound fees. If the owner of the animal demonstrates proof that the order of compliance has been obeyed, then the animal will be returned to the owner after payment of impound fees. Any action taken under this section shall be in addition to any available criminal penalties. Adopted January 4, 1994 --Page 11-- F. Required Acts and Unlawful Activities. An owner of an animal declared dangerous shall obey the order of compliance. An owner of an animal declared dangerous shall not sell, give away, abandon or otherwise dispose of the animal without notifying the town enforcement agent in writing in advance. An owner of an animal declared to be dangerous shall provide proof of liability insurance and the veterinarians's certificate of spaying or neutering to the town enforcement agent upon demand. An owner of an animal declared dangerous shall not prevent or try to prevent inspection of the animal or the premises where the animal is kept. When the owner of an animal is notified that the town enforcement agent is evaluating an animal or wants to evaluate an animal to determine if the animal is dangerous, the owner of the animal shall present the animal for inspection within twenty four (24) hours of a request by the town enforcement agent. The owner shall not sell, give away, bide or otherwise prevent the town enforcement agent from making an evaluation of the animal. The owner of an animal declared to be dangerous shall prevent the animal from running at large as defined in this Code. The owner of an animal declared to be dangerous shall prevent the animal from biting, injuring or attacking any person or domestic animal outside of the confinement area. G. Minimum Penalties, Enhancement. A person convicted for the first time of any offense prohibited by section IV (F)(1) through (6) shall be punished by imprisonment for not less than twenty four (24) hours nor more than six (6) months and by a fine of not less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00). A person convicted of a second or subsequent offense prohibited by section IV (F)(1) through (6) shall be punished by imprisonment for not less than ten (10) days nor more than six (6) months and by a fine of not less than two hundred dollars ($200.00) nor more than one thousand dollars ($1,000.00). No judge may grant probation to or suspend the imposition of the minimum jail sentence and fine prescribed herein upon a conviction of any offense prohibited in section IV (F)(1) through (6). In addition, Adopted January 4, 1994 --Page 12-- a person convicted of any offense prohibited in section IV (F)(1) through (6) may be placed on probation for not more than three (3) years and the dangerous animal may be ordered humanely destroyed or banished from the town after f~rst being spayed or neutered by a licensed veterinarian at the owner's expense. If the animal is not spayed or neutered within the time given by the court, the animal is forfeited to the town enforcement agent to be humanely destroyed. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein. A person convicted of violating section IV (F) (7) shall be punished by imprisonment for not less than thirty (30) days nor more than six (6) months and by a fine of not less than five hundred dollars ($500.00) nor more than one thousand dollars ($1,000.00). No judge may grant probation to or suspend the imposition of the minimum jail sentence and fine prescribed herein upon a person convicted of violating section IV (F)(7). In addition, a person convicted of violating section IV (F)(7) may be placed on probation for not more than three (3) years and the dangerous animal shall be ordered humanely destroyed. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein. Wherever in this section any act is prohibited or declared to be unlawful or the doing of any act is required or the failure to do an act is declared to be unlawful, the violation of such provision of this section is a misdemeanor punishable (except for the penalties already set forth herein by a fine of not less than one hundred dollars ($100.00) and not more than one thousand dollars ($1,000.00) and/or by imprisonment and not more than six (6) months. No judge may grant probation to or suspend the imposition of the minimum fine prescribed herein. In addition, a person may be placed on probation for not more than three (3) years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein. Each day any violation continues or occurs shall constitute a separate offense. VII. Excessive noise caused by animals or birds It shall be unlawful to own, possess, harbor, or control any animal or bird which frequently or for continuous duration howls, barks, meows, squawks, or makes other sounds, if they are clearly audible sounds beyond the property line of the property on which they are conducted and they disturb the public peace, quiet or comfort of the neighboring inhabitants. Adopted January 4, 1994 --Page 13-- The provisions of this section shall be enforced and administered by Pima County Animal Control (or other designated Town Enforcement Agent) and appropriate local law enforcement. A violation of any provision of this section is a civil infraction and will be adjudicated by the town Magistrate. If the owner of the animal or bird which has engaged in an activity prohibited by this section cannot be determined, the owner, lessee or occupant of the property on which the activity is located shall be deemed responsible for the violation. Each day's continuance of a violation under this section shall be determined a separate offense. A fine of not less than fifty ($50.00) dollars, nor more than three hundred ($300.00) dollars shall be imposed for each violation. Persons wishing to continue activities which constitute a violation of this section but were commenced prior to the enactment of the ordinance codified in this section may seek an exemption from the town Magistrate. Such an exemption may be granted if the Magistrate finds that strict application of this section would cause undue hardship and that there is no reasonable or productive alternative method of engaging the activity. VIII. Authority to enforce, remove and impound Any peace officer or Pima County Animal Control officer (or other designated Town Enforcement Agent) is hereby authorized and empowered to enforce the provisions of this Ordinance and Code and to issue citations for violations thereof. Pima County Animal Control shall have primary responsibility for the enforcement of this Code. If a peace officer or a Pima County Animal Control officer (or other designated Town Enforcement Agent) has issued a citation for a violation of this Ordinance and Code or of the Arizona Revised Statutes, and reasonably believes that the violation will continue, the officer is authorized and empowered to remove and impound the animal. The owner of any animal removed and impounded under the provisions of this Code shall be liable for any impoundment, boarding or veterinary fees incurred in connection therewith. IX. Rules of procedure All civil proceedings under this Code shall be governed by the 17B A.R.S. Traffic Violation Cases Civ. Proc. Rules, as amended. Adopted January 4, 1994 --Page 14-- X. Severance Clause If any section, subsection, sentence, clause, phrase or portion of this Ordinance and/or Code is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions therefor. Adopted January 4, 1994 --Page 15--