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HomeMy WebLinkAbout04/25/2006 Blue Sheet Proposed amendments to Animal Control Code TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA April 25, 2006 AGENDA ITEM: C.1 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Discussion/Direction: Relating to proposed amendments to Title 6 (Animal Control), adopting new vaccination, licensing and public animal sales prohibitions. DISCUSSION The Marana Town Code Animal Control provisions (Title 6) have for some time contained sig- nificant vaccination, licensing, and leashing loopholes that have made them nearly impossible to enforce. In response to concerns from the Magistrate Court and the Town Prosecutor, the Town Attorney has prepared a draft ordinance (attached) for consideration by the Council. During the preparation of the Animal Control ordinance, the Town Attorney received a letter from the Pima Animal Care Center (copy attached), requesting the Town to adopt additional regulations relating to the sale of animals on public lands, rights-of-way, and in certain swap meet and flea market situations. Pima Animal Care Center is concerned that animals sold in these situations are more at risk for diseases and situational hazards and are more likely to be purchased on a whim and then abandoned. The provisions requested by Pima Animal Care Cen- ter are not yet incorporated into the draft ordinance but will be added if requested by the Council. Staff requests feedback and direction from Council concerning the proposed Animal Control pro- visions, and particularly with respect as to whether or not the animal sale limitations requested by Pima Animal Care Center should be included in the proposed Animal Control ordinance. ATTACHMENT Letter from Pima County Health Department, Animal Care Center; draft ordinance. REQUESTED ACTION Feedback and direction from Council at its discretion. SUGGESTED MOTION I move that we direct staff to bring back to the Council for adoption the proposed amendments to the Town Code Animal Control provisions (Town Code Title 6), with (or without) the additional animal sale limitations requested by Pima Animal Care Center. {OOOO/959.DOC I} FJC/cds 4/5/06 PIMA COUNTY HEALTH DEPARTMENT PIMA ANIMAL CARE CENTER 4000 N. SILVERBELL RD. TUCSON, AZ 85745 (520) 743-7550 FAX (520) 743-9581 www.pimaanimalcare.or1!: March 15,2006 RECE'VEO .. 'I '~'.^1' MAR, \ : '" ) Frank Cassidy Town of Marana 13251 N Lon Adams Road Marana, AZ 85653 _ TOWN ATTORNEY Dear Mr. Cassidy: Weare writing this letter to address the problem of animals that are either sold, bartered or given away at "swap meets" and/or public properties. These animals that are transferred in these locations are put at-risk of disease and neglect by persons who take these animals who may have no knowledge as to how to care for these animals or responsible pet ownership. This in turn, contributes to pet overpopulation, animal cruelty cases and in some cases, the death of the animal. To address these issues, we ask that your municipality adopt either the same or a similar ordinance that Pima County has adopted under Pima County Code 6.04.170, please see below: 6.04.170 - Sale of animals at swap meets and public property prohibited-Exceptions-Penalty. A. No animal including birds or reptiles shall be offered for sale, . gift or other transfer of ownership, and no animals including bird or reptiles shall be sold, given away or otherwise transferred, on or from any public street, roadway, right-of-way, sidewalk, park or swap meet. A "swap meet" is defined for the purpose of this section as a place of commercial activity popularly known as a swap meet, flea market or park-and-swap, which is open to the general public and composed of enclosed, semi-enclosed or outdoor stalls, stands or spaces rented or leased to persons on a temporary basis for the purpose of display and sale, barter or exchange of new or used merchandise. B. Exceptions. Subsection A of this section shall not prohibit the sale, gift, or other transfer of ownership of animals at county fairs, animal exhibitions or shows, 4-H activities, and other activities or events that are regulated by other state or county agencies. Subsection A of this section shall not prohibit the use of off-site signs or advertising. C. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor. D. Penalties. A violation of any provision of this section is punishable by a fine of not more than three hundred dollars for any person. Each day such violation continues shall constitute a separate offense (Ord. 1993-16891,1993) If you have, any questions, or need additional information, please contact, FloreneReed,Administrative Specialist at 743.7550 ext. 209. Sincerely, -A ~e:-- Manager Pima Animal Care Center 11'~ MARANA ORDINANCE NO. 2006.XX RELATING TO ANIMAL CONTROL; ADOPTING VACCINATION AND LICENSING REQUIREMENTS FOR DOGS; PROHIBITING DOGS AT LARGE; REQUIRING DOG WASTE REMOVAL; AUTHORIZING ANIMALS IN VIOLATION TO BE REMOVED, IMPOUNDED AND MICROCHIPPED; ESTABLISHING FEES; PROVIDING PENALTIES FOR VIOLATION; AMENDING MARANA TOWN CODE TITLE 6 BY ADDING DEFINITIONS TO SECTION 6-1-2, REPLACING CHAPTER 6-2 AND CHAPTER 6-3, AMENDING SECTION 6-8-2; AND DECLARING AN EMERGENCY. WHEREAS the Town Council is authorized by A.R.S. S 9-240 to adopt animal control regulations; and WHEREAS the Town Council finds that the animal control regulations established by this ordinance are necessary for the public health, safety and general welfare of the Town of Ma- rana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 6-1-2 of the Marana Town Code is hereby revised as follows (with deletions shown with and additions shown with double underlining): Section 6.1.2 Definitions A. The following definitions shall apply throughout this title unless the context clearly indicates otherwise. 1. "Altered dog" means a spayed female or neutered male dog. 2. "Animal" means every non human mammalian species of animal, both do- mestic and wild. 3. "At-large" means being neither confined by an enclosure nor physically re- strained by a leash. . 4. "Bite" means any penetration of the skin by the teeth of any animal. 5. "Biting animal" means any animal that bites or otherwise injures human be- ings or other animals without provocation. 6. "Collar" means a band, chain, harness or suitable device worn around the neck of a dog to which a license may be affixed. 7. "Destructive animal" means any animal that has a propensity to destroy, damage or cause damage to the property of a person other than the ani- mal's owner. {00001893.DOC I} - 1 - 3/1612006 12:35 PM FJC 8. "Dog" means any member of the canine species. 9. "Household" means all those persons who regularly dwell together at the same place of residence. 10. "Impound" means the act of taking or receiving an animal into custody for the purpose of confinement at the town animal enforcement agent's facility. 11. "Leash" or "lead" means a chain, rope, leather strap, cord or similar re- straint attached to a collar or harness or otherwise secured around an ani- mal's neck. 12. "Licensed dog" means any dog having a current license. 13. "Livestock" means neat animals, horses, sheep, goats, swine, mules and asses. 14. "Owner" means any person owning, keeping, possessing, harboring, maintaining or having custody or otherwise having control of an animal within the town limits. 15. "Peace officer" includes any animal control officer. 16. "Police dog" means any dog belonging to any law enforcement agency service dog unit. 17. "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 institu- tion. 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. 18. "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 ani- mal. 19. "Tie out" means a chain, leash, wire cable or similar restraint attached to a swivel or pulley. 20. "Town enforcement agent" means the Pima Animal Care Center director or his or her designee.21. "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. 22. "Vaccination" means an anti rabies vaccination using a type of vaccine approved by the state veterinarian and administered by a state licensed veterinarian. 23. "Vicious animal" means any animal that bites, attempts to bite, endangers or otherwise injures or causes to be injured, human beings or other ani- mals. SECTION 2. Existing Chapter 6-2 is deleted in its entirety and replaced with new Chap- ter 6-2, as follows: {00001893.DOC I} - 2 - 3/16/2006 12:35 PM FIC Chapter 6-2 VACCINATION AND LICENSING OF DOGS Section 6-2-1 Vaccination required; classification A. It shall be unlawful to own, keep, possess, harbor or maintain a dog over the age of three months unless it is vaccinated in accordance with the require- ments of this chapter. S. Any person who fails to comply with this section is guilty of a class 2 misde- meanor. Section 6-2-2 Type of vaccination The type or types of anti-rabies vaccination that may be used for vaccination of dogs, the period of time between vaccination and revaccination, and the dosage and method of administration of the vaccine shall be in accordance with the rules and regulations designated by the state veterinarian. Section 6-2-3 Vaccination certificate, contents The person causing a dog to be vaccinated shall demand and be given an offi- cial certificate of vaccination that includes the owner's name and address, a brief description of the dog, the date and type of vaccination, the manufacturer and serial number of the vaccine used, and the date the dog is due for revaccination. Section 6-2-4 Impoundment, vaccination of unvaccinated dogs The town enforcement agent is hereby authorized to have a licensed veterinarian vaccinate and issue a vaccination certificate for an impounded unvaccinated dog at a cost to be borne by the dog's owner. Section 6-2-5 License required; classification A. It shall be unlawful to own, keep, possess, harbor or maintain a dog over the age of three months in the town for more than 30 days without having the dog licensed in accordance with the requirements of this chapter. B. Any person who fails to comply with this section is guilty of a class 2 misde- meanor. Section 6-2-6 Vaccination certificate prerequisite to license No license shall be issued for any dog until the owner has presented a vaccina- tion certificate signed by a licensed veterinarian containing the information re- quired by this chapter. Section 6-2-7 Vaccination outside the county A dog vaccinated in any area outside of the county prior to entry into the town may be licensed in the town, provided that, at the time of licensing, the dog's owner presents a vaccination certificate signed by a duly licensed veterinarian and the certificate contains the information required by this chapter. Section 6-2-8 License fees; rebate; exemptions; delinquency penalties A. No dog license shall be issued by the town enforcement agent until the dog owner has paid a license fee, as follows: {00001893.DOC I} - 3 - 3/16/200612:35 PM FJC T e Unaltered do Altered do Dog declared vicious, destructive and/or dan erous B. Any person who presents to the town enforcement agent an affidavit or vet- erinarian's certificate stating either that the dog is already altered, that the dog is at least ten years old, or that the dog cannot be altered for health reasons, shall be eligible for the altered dog fee. C. Any person 65 years of age or older shall be eligible for the senior citizen li- cense fee. The town enforcement agent shall establish reasonable standards of proof for eligibility. No more than four dogs per household shall be licensed at the senior citizen rate. Standard Fee $40 $10 $70 Senior/Disabled Fee $12 $6 $70 D. Any person who presents to the town enforcement agent a statement from a qualified health care professional certifying that the person has a disabling condition as defined by the Americans with Disabilities Act shall be eligible for the disabled citizen license fee. E. Any person who has paid the license fee for an unaltered dog who, during the license year, presents to the town enforcement agent a statement from a vet- erinarian certifying that the licensed animal has been altered shall be entitled to a rebate. The rebate shall be the difference between the fee paid and the fee for an altered dog. F. Guide dogs for the blind, hearing ear dogs for the deaf and certified "handi- dogs" shall be licensed without payment of the license fee. G. Any person who fails to license a dog when the dog reaches three months of age or who fails to pay a license fee upon expiration of a license previously issued under this chapter, shall be charged a delinquent penalty. If the license application is made within one year of the due date, a delinquent penalty of $5 shall be added to the license fee. If the license application is made more than one year after the due date, a delinquent penalty of $10 shall be added to the license fee for each subsequent year, up to a maximum of $25. Section 6-2-9 Transfer of license; fee; classification; sanction A. Whenever the ownership of a dog changes, the new owner shall secure a transfer of the dog's license. B. The releasing owner shall provide the new owner's name, address and phone number and the dog's age, sex and license number to the town enforcement agent within ten days of transfer. C. A transfer fee of $5 shall be charged to transfer any license. D. Failure to comply with this section is a civil infraction. E. Any person found responsible for violating this section shall be sanctioned by a fine of not less than $25 or more than $300. F. 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 hear- ing by the court, shall be deemed to have admitted the allegations of the {00001893.DOC I} - 4- 3/16/2006 12:35 PM FJC complaint, and the court shall enter judgment for the town and impose a civil sanction in accordance with the provisions of this section. G. If any penalty ordered to be paid by the court or forfeited pursuant to default is not paid within 30 days of the magistrate's order, the town attorney may insti- tute appropriate civil proceedings seeking legal and/or equitable relief to en- force the order, and the magistrate may institute judicial proceedings as pro- vided by law to collect the penalty. All penalties collected pursuant to this sec- tion shall be paid to and become the property of the town. Section 6-2-10 Issuance, contents of tags A. The town enforcement agent shall issue each dog licensed under this chapter a durable dog tag with the name of the town, the number of the license, and the month and year it expires. B. Dog license tags shall not be transferable from one dog to another. Section 6-2-11 Tag required; exceptions; impoundment; classification A. The dog tag provided by the town enforcement agent shall be affixed to a col- lar provided by the dog's owner and worn at all times by the dog. B. Properly vaccinated and licensed dogs need not wear a collar with the license tag affixed in the following circumstances: 1. While being exhibited at or transported to and from an American Kennel Club approved show; 2. While engaged in or transported to and from races approved by the Ari- zona Racing Commission; or 3. While acting as a police dog. C. The town enforcement agent or a peace officer may apprehend and impound, or cause to be impounded, any dog found without a license tag for the current year. D. Failure to comply with this section is a class 2 misdemeanor. Section 6-2-12 Duplicate tags, fee Whenever a dog license tag is lost, a duplicate tag will be issued upon applica- tion by the owner and the payment of $5 to the town enforcement agent. Section 6-2-13 Counterfeiting or transferring of tags prohibited; classification A. It shall be unlawful to counterfeit or attempt to counterfeit an official dog li- cense tag, or to remove a dog's license tag and place it on another dog. B. Violation of this section is a class 2 misdemeanor. Section 6-2-14 Violations; Penalties A. Any person convicted of violating section 6-2-1 or section 6-2-5 shall be fined not less than $150 for each offense; however, the fine shall be suspended for each offense upon a showing to the court of proof of vaccination and/or li- censing, as required of the dog or dogs, within 15 working days after the complaint is issued. In addition to the fine, the penalty may include imprison- ment for not more than four months and probation for not more than two years, or any combination of the two. {00001893.DOC I} - 5 - 3/16/200612:35 PM FIC B. Any person convicted of violating section 6-2-11 or section 6-2-13 shall be fined not less than $25 and not more than $750. No magistrate may suspend the imposition of the minimum fine prescribed in this section. In addition to the fine, the penalty may include imprisonment for not more than four months and probation for not more than two years, or any combination of the two. C. Any person violating the provisions of this chapter shall be guilty of a separate offense for each and every day or portion of a day during which any violation of this chapter is committed or permitted. D. In addition to the penalties prescribed in this section, the magistrate shall or- der abatement as necessary. SECTION 3. Existing Chapter 6-3 is deleted in its entirety and replaced with new Chap- ter 6-3, as follows: Chapter 6-3 DOGS AT LARGE; DOGS ON SCHOOL GROUNDS; IMPOUNDMENT; DOG WASTE REMOVAL Dogs at large prohibited; exceptions; impoundment; classification A. Any dog owned, possessed, harbored, kept or maintained on public streets, sidewalks, alleys, parks or other public property shall be restrained by a leash, chain, rope, cord or similar device. B. Any dog owned, possessed, kept, harbored or maintained upon or about the private property of any person, including the property of the dog's owner, shall be confined inside a house or other building, or confined by a fence or similar enclosure of sufficient strength and height, to prevent the dog from escaping from the property. C. Dogs may be at large as an exception to this section under the following cir- cumstances: Section 6-3-1 1. While participating in field trials, obedience classes or kennel club events, or while engaging in races approved by the Arizona Racing Commission, provided that the dog is accompanied by and under the control of the dog's owner or trainer. 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. While confined within a county- or town-maintained temporary or perma- nent dog run located within a park. D. The town enforcement agent or a peace officer is authorized to impound, or cause to be impounded, any dog running at large contrary to the provisions of this section. E. Failure to comply with this section is a class 2 misdemeanor. Section 6-3-2 Dogs on school grounds prohibited; exceptions; classifi- cation A. It shall be unlawful to bring a dog onto the grounds of any school, regardless of whether the dog is on a leash. {OOOO 1893.00C I} - 6- 3/16/200612:35 PM FJC B. Dogs may be on school grounds as an exception to this section under the fol- lowing circumstances: 1. While participating as part of a formal school activity or event. 2. While serving as a guide dog for the blind, deaf, or physically disabled. 3. While assisting a peace officer engaged in law enforcement duties. C. Failure to comply with this section is a class 2 misdemeanor. Section 6-3-3 Violations; penalties A. Any person convicted of violating section 6-3-1 or 6-3-2 shall be punished as follows: 1. For a first conviction within a 12-month period, a fine of not less than $25 or more than $750. 2. For a second conviction within a 12-month period, a fine of not less than $75 or more than $750. 3. For a third or subsequent conviction within a 12-month period, a fine of not less than $150 or more than $750. B. In addition to the fine, the penalty may include imprisonment for not more than four months and probation for not more than two years, or any combination of the two. C. No magistrate may suspend the imposition of the minimum fines prescribed in this section. D. Any person violating the provisions of this chapter shall be guilty of a separate offense for each and every day or portion of a day during which any violation of this chapter is committed or permitted. E. In addition to the penalties prescribed in this section, the magistrate shall or- der abatement as necessary. Section 6-3-4 Impoundment time, notice and fees A. The town enforcement agent shall promptly notify the dog's owner in person or by written notice when a licensed dog is impounded. The owner may re- claim the dog within seven days from the date of the actual notice or mailing of notice, upon proof of ownership and payment of all costs and fees, includ- ing veterinary fees, incurred to remove, impound, board, care for and/or mi- crochip an animal under the authority of this title. B. When an unlicensed dog is impounded, the owner may reclaim the dog within three days of impoundment by securing a vaccination and a license for the dog and providing proof of ownership and payment of all costs and fees, in- cluding veterinary fees, incurred to remove, impound, board, care for and/or microchip an animal under the authority of this title. C. Impoundment fees shall be determined by the town enforcement agent. D. Any licensed dog unclaimed within seven days of notice to the owner, as de- scribed in subsection A, may be placed for adoption or humanely destroyed within the discretion of the town enforcement agent. E. Any unlicensed dog unclaimed within three days may be placed for adoption or humanely destroyed within the discretion of the town enforcement agent. {DODO 1893.DOC I} - 7 - 3/16/2006 12:35 PM FJC Section 6-3-5 Dog waste removal; exceptions; sanctions 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 the dog on public property or on private property without the consent of the person in control of the property. B. This section shall not apply to blind persons, persons with mobility disabilities, or police officers or other law enforcement officers accompanied by police dogs while on emergency. C. Any person found responsible for violating this section shall be sanctioned as follows: 1. For a first violation within a 12-month period, a fine of not less than $25 or more than $300. 2. For a second violation within a 12-month period, a fine of not less than $75 or more than $300. 3. For a third or subsequent violation within a 12-month period, a fine of not less than $150 or more than $300. D. Any individual who receives notice of violation and fails to appear at the hear- ing time designated in the notice, or at the 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 ac- cordance with the provisions of this section. E. If any penalty ordered to be paid by the court or forfeited pursuant to default is not paid within 30 days of the magistrate's order, the town attorney may insti- tute appropriate civil proceedings seeking legal and/or equitable relief to en- force the order, and the magistrate may institute judicial proceedings as pro- vided by law to collect the penalty. All penalties collected pursuant to this sec- tion shall be paid to and become the property of the town. SECTION 4. Section 6-8-2 is hereby revised as follows (with deletions shown with and additions shown with double underlining): Section 6-8-2 Authority to remove, impound and microchip; costs A. A peace officer or town animal enforcement agent who has probable cause to believe violation of this title or of the Arizona Revised Statutes has occurred and reasonably believes that the violation will continue is authorized and em- powered to remove and impound the animal. B. The town enforcement agent is authorized and empowered to place an iden- tity-tracing microchip in an animal impounded under this chapter. C. All fees, including veterinary fees, incurred to remove, impound. board, care for and/or microchip an animal under the authority of this title shall be paid by the animal's owner. SECTION 5. IT IS FURTHER ORDAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immedi- ately upon its passage and adoption. {00001893.DOC I} - 8 - 3/16/2006 12:35 PM FIC PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 4th day of April, 2006. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00001893.DOC I} - 9 - 3/16/2006 12:35 PM FJC