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HomeMy WebLinkAboutOrdinance 91.20 Establishing the Marana Animal Control Code and repealing Ordinance 90.02 ORDINANCE NO. 91.~ AN ORDINANCE or THE TOWN COUNCIL OF THE TOWN OF MARANA, ESTABLISHING THE MARANA ANIMAL CONTROL CODE; AND REPEA~ING MARANA ORDINANCE NO. 90.02. WHEREAS, the Town Council has the authority to prohihtt. the roaming at large of animals w1thin the Town; to author1 zn the impound ing and summary sale thereor when round roaming at I arqe contrary to Ord1nan~e; to 1mposepenalt1es upon the owners thp.r~9f "- for a violation of any Ordinance in celation thereto; and to regulate, restrain and prohibit the running at large of dogs and to authorize their destruction when at large contrary to any Ordinance of the Town, and to impose pe~alties upon the owners thereof; and NOW, THEREFORE, as IT ORDAINED, by the Town Council of the Town of Marana, Arizona, as follows: Section 1. Ordinance No. 90.02 is hereby repealed, effective upon the effective date of the new Marana Animal Control Code. Section 2. The Marana Animal Control Code 1s hpreby -adopted, as attached hereto. Section 3. Emerge~cy Declaration: WHEREAS, the 1mmediate operatio~ of this Ordinance ls necessary for the preservation of the public peace, heal th .,nd sa fety of the Town of Harana, Arizona, an emergency is hI? reby declared to exist, and this Ordinance shall be in full force ~nd effect from and after its passage and adoption. ~ " -, ", Adopted thiS _ 15':' daY of - A~ES't : - - Qctobe1:' -.- ~ MAyott -' 1.991.. - , '. MARANA ANIMAL CONTROL CODS 1. DEFINITIONS A. Animal means every non-human mammalian species of animal, both domestic and wild. B. At Large means an animal not under restraint. C. Bite means any penetration of the skin by the teeth of any animal. o. 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. H. Dog means any member of the canine species. Impound means the act of taking or receiving an animal into custoay for the purpose of confinement at Pima County Animal control Facility. 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. F. G. I. Licensed Dog means any dog having a current license. .]. Livestock means neat animals, horses, sheep, goats, swine, mules and asses. 1<. Owner means any person owning, keeping, possessing, harboring, maintaining or having custody or otherwise having control of an animal within the Town limits. L. Police Oog means any dog belonging to any law enforcement agency service dog unit. M. 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. N. Tie-Ou.t means a chain, leash, wire cable or similar restraint attached to a swivel or pulley. O. Under Restraint means an animal secured by 0 leash or lead and under control of 8 responsible person; or confined within a vehicle; or located upon the real property limits of its owner. 1 II. PROHIBITED ACTIVITIES A. RUNNING AT LARGE 1. 2. It shall be a civil infraction for any dog to run at large within the Town of Marana and the owner. of a dog at large may be cited for such violation. A person found responsible for a violation of this section shall be sanctioned in accordance with the provisions of 6 IlIA of this chapter. Exceptions: Dogs, accompanied by and under the control ot their owners, are exempt from I Al llnder the following circumstances: a. While participating in dog training cLasses and while being exhibited or trained at a kennel club event. b. While engaged in races approved by the Arl?,ona Racing Commission. c. A police dog at any time. d. Guide dogs for the visually-impaired or other handicapped individuals utilizing guide dogs at any time. 3. Impoundment: A pima County Animal Control officer or other designated Town Enforcement Agent shall 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 impounding and maintaining said dog. Any licensed dog unclaimed within seven (7) days of its impoundment may be placed for adoption or humanely aestroyed w l thin the discretion of Pima County Animal Control. Any unlicensed dog unclaimed within three (3) days may be placed for adoption or humanely destroyed wlth1n the discretion of Pima County Animal Control. B. BITING ANIMALS .. 1. The owner of any animal that bites or otherwise injures human beings, other animals, Or damages property of another person is guilty of a misdemeanor. 2 2. 3 . It 1s unlawful for any person to fail to comply wi th an order of a town magistrate regard tng a biting animal. Such offense is a misdemeanor and it is a separate offense for each day that such person fails to comply with the magistrate's order. A violation of f 51 or 6 B2 is punishable in accordance with the provisions of I IIIB of this chapter. Order to Show Cause/Biting Animal: a. A Pima County Animal Control officer or other designated Town Enforcement Agent upon determining that any animal wi thin the town limits is a "biting animal", and is an immediate danger to the safety of any person or other animal, may impound the animal immediately. b. Wi thin ten (10) days of the date of impoundment, a town magistrate shall conduct a hearing as described in subsection (C) be1ow. c. The Merana Magistrate Court, for good cause shown in a petition filed by the Town Prosecutor's Office, shall order that an Order to Show Cause Hearing be held, at which time the owner shall appear and show cause why the animal .should not be declared a "biting animal" and sanctions be ordered pursui1C1 t to f 5(e). d. 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. 4 . e. Sanctions: Upon the declaration of an animal as a "biting animal", a town magistrate may order one or more of the following: (1) That the animal shall be kept in an enclosure that is high enough so that the animal cannot bite, herm, or lnjure anyone outside the enclosure; that the enclosure and property whereon it 1s 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 (2) That the animal be banished from the town limits of the Town of Marana; Or 3 That the animal be humanely destroyed; or That the animal be spayed or neutered at the owner's expense; or Restitut10n up to one thousand dollars ($1,000.00) may be oreered made by the owner to the victim. This remedy shall not abridge any civil cause of action by the vict1m. s. Defenses: It shall be an affirmative defensp. to 6 Bl, 6 B2, or 6 BS(c) if either: ( 3 ) ( 4 ) ( 5 ) a. Provocation existed at the time of the bite; or ~ b. The dog is a police dog under the command of its trainer. III. PENALTIES/SANCTIONS A. CIVIL SANCTIONS A person found responsible for a violation of the prohibited activities in sections IIA and lIB shall be sanctioned by the magistrate or hearing officer" as follows: 1. For a first violation within a 12- month period, a fine of not less than twenty-five dollars ($25.00) nor more than two hundred fifty dollars ($250.00). 2. For a second violation within a 12-month period, a fine of not less than seventy-five dollars ($75.00). 3. For a third or subsequent violation within a 12- month period, a fine of not less than two hundred dollars ($200.00) nor more than two hundred fifty dollars ($250.00). 4. Default - 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 state and impose a civil sanction in accordance with the provisions of this section. 5. In the event of 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 4 r........~~'- equitable may be instituted by the ~own Attorney in order to enforce the administ.rative order. In addition, the Magistrate may institute judicial proceedings as provided by law to collect said penalty. All penalties collect.ed pursuant to this section shall be paid to and become the property of the Town of Marana. CRIMINAL PENALTIES A person found guilty for a violation of the prohibited activities in section lIB shall be penalized by the Magistrate as follows: 1. By a fine of up to one thousand dollars ($1,000.00), six (6) months in jail, three (3) years probation or any combination thereof. IV. RULES OF paOCE~ B. All civil proceedings under " IIA, IIB and IIC shall be governed by the Rules of Procedure in Civil Traffic violation Cases, 17{A) A.R.S. V. AUTHORITY OF ANIMAL CONTROL OFFICER OR PEACE OFFICER A. ENFORCEMENT Any 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. VI. MISCELLANEOUS ~VERANCE CLAUSE If any section, subsection, sentence, clause, phrase or po~tion 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. ..",...- 5