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HomeMy WebLinkAboutOrdinance 96.01 Adopting chapter 6 of the town code relating to animal control /"'",,~ MARANA ORDINANCE NO. 96.01 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA, ARIZONA, ADOPTING THAT CERTAIN DOCUMENT ENTITLED "MARANA TOWN CODE, CHAPTER 6 ANIMAL CONTROL", AS THE SIXTH CHAPTER OF THE OFFICIAL TOWN CODE, ADOPTING THE RULES AND REGULATIONS THEREIN AS CONTROLLING LAW OF THE TOWN OF MARANA, AND REPEALING ALL RESOLUTIONS, ORDINANCES, AND RULES OF THE TOWN OF MARANA IN CONFLICT THEREWITH. WHEREAS, the Town of Marana wishes to establish and codify the laws of the town as a unified code to standardize and maintain accessible, readable, and understandable rules and procedures for the protection and security of its citizens; and WHEREAS, that document herein referred to as "MARANA TOWN CODE, CHAPTER 6 ANIMAL CONTROL" has been made a public record by the adoption of Resolution No. 96-01 on January 2, 1996 by the Mayor and Council of Marana; and WHEREAS, it has been determined that the adoption of that public record herein referred to as "MARANA TOWN CODE, CHAPTER 6 ANIMAL CONTROL" is in the best interests of the citizens of the Town of Marana. ..........., NOW, THEREFORE BE IT ORDAINED by the Mayor and Council of the Town of Marana Arizona, as follows: SECTION 1. That certain document entitled "MARANA TOWN CODE, CHAPTER 6 ANIMAL CONTROL", three copies of which are on file in the office of the town clerk of the Town of Marana, Arizona, said document having been made a public record by Resolution No. 96-01 of the Town of Marana, Arizona, is hereby referred to and made a part hereof as if fully set out in this ordinance and is hereby adopted as law, rules and procedures for the Town of Marana. SECTION 2. The penalties for violations of the MARANA TOWN CODE, CHAPTER 6 ANIMAL CONTROL are as follows: Sec. 6-3-1 It shall be a civil infraction for any dog to run at large within the town upon the streets, sidewalks, alleys or other public property, or upon the private premises of another person. .~ Sec. 6-3-3A 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. This subsection shall not apply to blind persons, persons with mobility disabilities or law enforcement officers accompanied by police dogs while on duty. Marana, Arizona Ordinance 96.01 Page 1 of 4 ~,~ Sec. 6-3-3B 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. Sec. 6-3-4A A violation of any provision of this article is punishable as follows: 1. For a first violation within a twelve month period, a fine of not less than twenty-five dollars, nor more than three hundred dollars. 2. For a second violation within a twelve month period, a fine of not less than seventy-five dollars, nor more than three hundred dollars. ~...... 3. For a third or subsequent violation within a twelve month period, a fme of not less than two hundred dollars, nor more than three hundred dollars. Sec. 6-4-1 Whoever over drives, over loads, over works, tortures, torments, cruelly beats, mutilates or unlawfully kills an animal or causes or procures an animal to be so over driven, over loaded, driven when over loaded, over worked, 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. Sec. 6-4-3F Any person violating the provisions of this article shall be guilty of a class 2 misdemeanor. Sec. 6-4-30 A violation of any provision of this article 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. Sec. 6-5-2A 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. Marana, Arizona Ordinance 96.01 Page 2 of 4 Sec. 6-5-2D A violation of any provision of this article is punishable by a fine of up to two thousand five hundred dollars, six months in jail, three 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. Sec. 6-6-7 Minimum Penalties, Enhancement A. Wherever in this article 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 is a misdemeanor punishable, except for the penalties already set forth herein, by a fine of not less than one hundred dollars and not more than one thousand dollars and/or by imprisonment for not more than six 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 years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein. Sec. 6-7-2 Violations; Penalty B. A violation of any provision of this article is a civil infraction and will be adjudicated by the town magistrate. E. A fine of not less than fifty dollars, nor more than three hundred dollars shall be imposed for each violation. SECTION 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance and portion of the Town Code. SECTION 4. Marana Town Ordinance No. 94.01 and all ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. SECTION 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance 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. Marana, Arizona Ordinance 96.01 Page 3 of 4 PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona this 2nd day of January, 1996. ~~V2L--- Mayor ED OmlA ATI'EST: ~~ Daniel J. Hochuli Town Attorney - Marana, Arizona Ordinance 96.01 Page 4 of 4 CHAPTER 6 ANIMAL CONTROL Article 6-1 DEFINITIONS Section 6-1-1 General Rule Regarding Definitions All words and phrases in this chapter shall be construed and understood according to the common and a+:;proved use of the language, but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning. Section 6-1-2 Definitions A. The follOwing definitions shall apply throughout this chapter unless the context clearly indicates otherwise. 1. 2. 3. 4. - 5. 6. - Marana Town Code "Animal" means every non-human mammalian species of animal, both domestic and wild. .. At large" means being neither confined by an enclosure nor physically restrained by a leash. "Bite- means any penetration of the skin by the teeth of any animal. "Biting anima'" means any animal that bites or otherwise injures human beings or other animals without provocation. "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. 7. "Dog- means any member of the canine species. 8. "Impound" means the act of taking or receiving an animal into custody for the purpose of confinement at Pima County Animal Control Facility. 9. "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. 10. "Ucensed dog" means any dog having a current license. 11. "Uvestock" means neat animals, horses, sheep, goats, swine, mules and asses. 12. "Owner" means any person owning, keeping, possessing, harboring, maintaining or having custody or otherwise having control of an animal within the town limits. 13. "Police dog" means any dog belonging to any law enforcement agency service dog unit 14. "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 6-1 rfIV. 1/96 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-at-way. 15. "Provocation- means any behavior toward an animal or its owners or its owner's property which is likely to cause a detensive reaction by the animal. 16. Iie-ouf means a chain, leash, wire cable or similar restraint attached to a swivel or pulley. 17. "Under restrainr 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. 18. "Vaccination- means an anti-rabies vaccination using a type of vaccine approved by the state veterinarian and administered by a state licensed veterinarian. 19. "Vicious animal" means any animal that bites, attempts to bite, endangers or otherwise injures or causes to be injured, human beings or other animals. Article 6-2 LICENSING; VACCINATION; KENNEL PERMITS; REGULATIONS --- The provisions of this chapter 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 chapter. Article 6-3 DOGS AT LARGE; DOG WASTE REMOVAL; PENAL TV; EXCEPTIONS Section 6-3-1 At Large Dogs Prohibited It shall be a civil infraction for any dog to run at large within the town upon the streets, sidewalks, alleys or other public property, or upon the private premises ot another person. Section 6-3-2 Exceptions A. Dogs may be at large as an exception to this article as follows 1. While participating in field trials, obedience classes or kennel club events where such trials, classes or events have been approved by the town or Pima County Animal Control. 2. While being used or trained for legal hunting or for control of livestock. 3. While assisting a peace officer engaged in law enforcement duties. 4. 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. Section 6-3-3 Waste Removal Required A. 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 Marana Town Code 6-2 rev. 1196 ,-,,~". dog on public property or deposited on private property without the consent of the person in control of the property. This subsection shall not apply to blind persons, persons with mobility disabilities or law enforcement officers accompanied by police dogs while on duty. B. 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. Section 6-3-4 Violations; Penalty A. A violation of any provision of this article is punishable as follows: 1. For a first violation within a twelve month period, a fine of not less than twenty-five dollars, nor more than three hundred dollars. 2. For a second violation within a twelve month period, a fine of not less than seventy-five dollars, nor more than three hundred dollars. 3. For a third or subsequent violation within a twelve month period, a fine of not less than two hundred dollars, nor more than three hundred dollars. B. Any individual having received a notice of violation and failing 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 chapter. C. In the event that any penalty ordered to be paid by the court or forfeited pursuant to default is not paid within thirty 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 provided by law to collect said penalty. All penalties collected pursuant to this article shall be paid to and become the property of the town. D. A Pima County Animal Control officer or other designated town enforcement agent may, in addition to the procedures prescribed in this section, impound, or cause to be impounded, any dog running at large contrary to the provisions of this article. E. 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. F. Any licensed dog unclaimed within seven days of its impoundment may be placed for adoption or humanely destroyed within the discretion of Pima County Animal Control. G. Any unlicensed dog unclaimed within three days may be placed for adoption or humanely destroyed within the discretion of Pima County Animal Control. Marana Town Code 6-3 rev. 1196 Article 6-4 CRUEL TV AND NEGLECT OF ANIMALS Section 6-4-1 Cruelty Prohibited Whoever over drives, over loads, over works, tortures, torments, cruelly beats, mutilates or unlawfully kills an animal or causes or procures an animal to be so over driven, over loaded, driven when over loaded, over worked, 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. Section 6-4-2 Neglect Prohibited A. The purpose of this section 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: 1. 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;. ~ 2. That potable water is accessible to the animal at all times, either free-flowing or in a clean receptacle; 3. That except for livestock, all animals have convenient access to natural or artificial shelter throughout the year. Any such artificial shelter shall be 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, does not comply with this article. 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; 4. 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; 5. That the animal is given adequate exercise space either: i. 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 ii. 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; Marana Town Code 6-4 TW. 1/96 6. 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. Section 6-4-3 Protection of Animals by Town; Violations; Penalty A. 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. B. 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. C. 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 article shall be liable for any impoundment, boarding or veterinary fees incurred in connection therewith. O. Any of the provisions of this article may be waived as dictated by treatment under the direction of a licensed veterinarian. E. An owner of an animal charged with a violation of this article 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. F. Any person violating the provisions of this article shall be guilty of a class 2 misdemeanor. G. A violation of any provision of this article 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 pennitted 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. Article 6-5 VICIOUS OR DESTRUCTIVE ANIMALS Section 6-5-1 Keeping Vicious or Destructive Animals Prohibited ,..- It is unlawful for any person to keep, control, harbor or otherwise have under control any animal which is vicious or destructive. This article 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 article. Marana Town Code 6-5 rev. 1196 Section 6-5-2 Violations; Penalty A. 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. B. An owner of an animal charged with a violation of this article 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. C. 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. D. A violation of any provision of this article is puniShable by a fine of up to two thousand five hundred dollars, six months in jail, three 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. E. 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: 1. The animal shall be kept in an enclosure that is high enough so that the animal cannot bite, harm or injure anyone outside the enclosure. The enclosure and property whereon it is located shall be posted with conspicuous warning signs, and at no time shall the animal leave the enclosure unless it is muzzled, leashed and under the control of an adult human being; or 2. The animal be banished from the town limits; or 3. The animal be spayed or neutered at the owner's expense; or 4. The animal be humanely destroyed; or 5. Restitution up to one thousand dollars may be ordered made by the owner to the victim. This remedy shall not abridge any civil cause of action by the victim. F. It shall be an affirmative defense to the provisions of this article 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. G. In any proceeding brought to enforce a violation of this article, the following procedure shall be used. -- 1. 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. Marana Town Code 6-6 rlN. 1196 2. Within ten days of the date of impoundment, the town magistrate shall conduct a hearing provided under this article. 3. 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. Article 6-6 DANGEROUS ANIMALS Section 6-6-1 Definitions A. A dangerous animal means one which has been declared to be vicious or destructive pursuant to this chapter or displays or has a tendency, disposition or propensity, as determined by the town enforcement agent, to: 1. 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 2. Bare its teeth or approach a person or domestic animal in a threatening manner. B. A dangerous animal does not include an animal used in law enforcement, nor does this article apply to animals in custody of zoos or wild animal parks, animals placed in animal shelters, animals under care of veterinarians or wild animals. Section 6-6-2 Declaring an Animal Dangerous; Notice A. The town enforcement agent shall develop guidelines to determine if an animal is a dangerous animal. B. Whenever the town enforcement agent has reason to believe an animal may be dangerous, an evaluation of the animal shall be conducted. C. 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 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. Section 6-6-3 Hearing; Burden of Proof; Appeal A. 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 B. 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. . Marana Town Code 6-7 rw. '/96 i'~, C. If the owner of a nan-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 D. After request far a hearing, the town enforcement agency shall set a hearing date within five 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. E. The hearing shall be held in an informal manner and a record thereaf shall be made by stenographic transcription or by electronic tape recording. The rules of evidence do not apply, and hearsay is admissible. F. 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 G. The hearing officer shall make a written decision within five working days of the hearing and notify the owner of the animal of the decision. H. If the decision of dangerousness is sustained by the hearing officer, the owner of the animal shall obey the order at compliance issued by the enforcement agent within the time given by the order of compliance or ten days whichever is more. I. 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 jf the agent has additional reasons to believe the animal is dangerous after a new evaluation of the animal is conducted. J. 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 an appeal. No appeal shall be taken later than thirty days after the decision. Section 6-6-4 Order of Compliance A. When an animal is declared dangerous, the town enforcement agent shall issue an order of compliance requiring the owner within thirty days to: 1. Confine the animal sufficiently to prevent the animal's escape as follows: i. 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 feet in height; the fence from five feet in height to six 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. ii. 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 Marana Town Code 6-8 rev. 1/96 perimeter of the confinement area to a depth of one foot below ground level, or deeper if required by the town enforcement agent Hi. The gates to the confinement area shall be locked at all times with a padlock except while entering or exiting. Iv. 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. 2. Muzzle and restrain the animal outside the confinement area with a leash, chain, rope or similar device not more than six feet in length sufficient to restrain the animal and under the control of a person capable of preventing the animal from engaging in any prohibited behavior. 3. Post a sign on every gate or entry way to the confinement area stating "Seware of Dangerous Animal, Per Marana Animal Control Chapter 6.- 4. Obtain and maintain liability insurance in a single incident amount of fifty thousand dollars, unless the animal has been declared to be vicious or destructive pursuant to this chapter, in which case the amount of insurance shall be no less than two hundred fifty thousand dollars, 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. 5. 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. 6. 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 performed. Section 6-6-5 Consent to Inspection; Inspection; Order of Compliance; Seizure A. 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, the liability insurance documents required for the animal, and the veterinarian's certificate of spaying or neutering for the animal. B. The town enforcement agent may seize and impound the dangerous animal if the owner fails to obey the order of compliance. Five days after the seizure, the town enforcement agent may humanely destroy the animal unless the 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 article shall be in addition to any available criminal penalties. Marana Town Code 6-9 r8'll. 1196 A_. Section 6-6-6 Required Acts and Unlawful Activities A. An owner of an animal declared dangerous shall obey the order of compliance. 8. 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. C. An owner of an animal declared to be dangerous shall provide proof of liability insurance and the veterinarian's certificate of spaying or neutering to the town enforcement agent upon demand. D. 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. E. 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 hours of a request by the town enforcement agent The owner shall not sell, give away, hide or otherwise prevent the town enforcement agent from making an evaluation of the animal. F. The owner of an animal declared to be dangerous shall prevent the animal from running at large as defined in this chapter. G. 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. Section 6-6-7 Minimum Penalties; Enhancement A. Wherever in this article 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 is a misdemeanor punishable, except for the penalties already set forth herein, by a fine of not less than one hundred dollars and not more than one thousand dollars and/or by imprisonment for not more than six 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 years. This shall not be construed to affect, in any way, the imposition of the minimum mandatory penalties provided herein. B. Each day any violation continues or occurs shall constitute a separate offense. Article 6-7 EXCESSIVE NOISE CAUSED BY ANIMALS OR BIRDS Section 6-7-1 Excessive Noise Prohibited A. It is 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. - Marana Town Code 6-10 rfN.1/96 Section 6-7-2 Violations; Penalty A. The provisions of this article shall be enforced and administered by Pima County AnimaJ Control or other designated town enforcement agent and appropriate locaJ law enforcement B. A violation of any provision of this article is a civil infraction and will be adjudicated by the town magistrate. C. If the owner ot the animal or bird which has engaged in an activity prohibited by this article cannot be determined, the owner, lessee or occupant of the property on which the activity is located shall be deemed responsible for the violation. D. Each days' continuance of a violation under this article shall be determined a separate offense. E. A fine of not less than fifty dollars, nor more than three hundred dollars shall be imposed for each violation. Section 6-7-3 Exemptions Persons wishing to continue activities which constitute a violation of this article but were commenced prior to January 4, 1994 may seek an exemption from the town magistrate. Such an exemption may be granted if the magistrate finds that strict application of this article would cause undue hardship and that there is no reasonable or productive alternative method of engaging in the activity. Articfe 6-8 AUTHORITY TO ENFORCE, REMOVE AND IMPOUND Section 6-8-1 Authority to Enforce 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 chapter and to issue citations for violations thereof. Pima County Animal Control shall have primary responsibility for the enforcement of this chapter. Section 6-8-2 Authority to Impound A. 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 chapter 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. B. The owner of any animal removed and impounded under the provisions of this chapter shall be liable for any impoundment, boarding or veterinary fees incurred in connection therewith. Articfe 6-9 RULES OF PROCEDURE All civil proceedings under this chapter shall be governed by the 178 A.R.S. Traffic Violation Cases Civ. Proc. Rules, as amended., Marana Town Code 6-11 rev. 1/96 Section &-7-2 Violations; Penalty A The provisions of this article shall be enforced and administered by Pima County Animal Control or other designated town enforcement agent and appropriate local law enforcement 8. A violation of any provision of this article is a civil infraction and will be adjudicated by the town magistrate. C. If the owner of the animal or bird which has engaged in an activity prohibited by ttlis article cannot be determined, the owner, lessee or occupant of ttle property on which the activity is located shaH be deemed responsible for the violation. O. Each day~ continuance of a violation under this article shall be determined a separate offense. E. A fine of not less than fifty dollars, nor more than three hundred dollars shall be imposed for each violation. Section &-7-3 Exemptions Persons wishing to continue activities which constitute a violation of this article but were commenced prior to January 4, 1994 may seek an exemption from the town magistrate. Such an exemption may be granted if the magistrate finds that strict application of this article would cause undue hardship and that there is no reasonable or productive alternative method of engaging in the activity. Article 6-8 AUTHORITY TO ENFORCE, REMOVE AND IMPOUND Section &-8-1 Authority to Enforce 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 chapter and to issue citations for violations thereof. Pima County Animal Control shall have primary responsibility for the enforcement at this chapter. Section &-8-2 Authority to Impound A If a peace officer or a Pima County Animal Control officer or other designated town enforcement agent has issued a citation for a violation at this chapter 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. 8. The owner of any animal removed and impounded under the provisions of this chapter shall be liable for any impoundment, boarding or veterinary fees incurred in connection therewith. Article 6-9 RULES OF PROCEDURE All civil proceedings under this chapter shall be governed by the 178 AR.S. Traffic Violation Cases Civ. Proc. Rules, as amended. Marana Town Code1 6-11 rev. 1/96