HomeMy WebLinkAboutOrdinance 90.02 Penalties for damage to property by animals ORDINANCE NO. 90. 02
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, PROVIDING FOR PENALTIES FOR DAMAGE OR
DESTRUCTION TO PROPERTY BY ANIMALS
WHEREAS the Town Council has the authority to prohibit
the roaming at large of animals within the Town; to authorize the
impounding and summary sale thereof when found roaming at large
contrary to Ordinance; to impose penalties upon the owners
thereof for a violation of any Ordinance in relation 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 penalties upon the owners
thereof; and
WHEREAS the Town Council has the authority to punish
persons committing nuisances; and
WHEREAS the Town Council has determined that animals
roaming at large within the Town have caused damage to property
within the Town; thereby constituting a nuisance.
NOW, THEREFORE, BE IT ORDAINED by the Town Council of
the Town of Marana, Arizona as follows:
Section 1. If any animal within the Town shall damage
or destroy any property other than the property of the person
owning or having the control or custody of such animal, the owner
or person having custody or control of such animal shall be
guilty of a Class 1 Misdemeanor.
Section 2. If, upon trial of any such person as set
forth in Section 1, the Magistrate Court determines that such
animal is a destructive one, the Magistrate Court in its
discretion may order such animal to be kept from running at
large, or to be delivered to the proper authority to be destroyed
or sold.
Section 3. This Ordinance and the various sections
hereof are hereby declared to be severable. Should any section
or regulation of this Ordinance be declared by a Court of
competent 3urisdiction to be unconstitutional or invalid, such
decision shall not affect the validity of the Ordinance as a
whole, or any Dortion thereof other than the section or
regulation so declared to be unconstitutional or invalid.
WHEREAS the immediate operation of this Ordinance is
necessary for the preservation of the public peace, health and
safety of the Town of Marana, Arizona, an emergency is hereby
declared to exist, and this Ordinance shall be in full force and
effect from and after its passage and adoption.
PASSED AND ~OPTED by the Mayor and Council of the Town
of Marana, Arizona this 16th day of January, 1990.
ATTEST:
~WN CLERK
MAYOR
Date Signed: Jan. 16,
APPROVED AS TO FORM:
~ N AT O~
1990