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HomeMy WebLinkAbout07/11/2006 Blue Sheet Animal Control Ordinance TOWN COUNCIL MEETING INFORMATION MEETING DATE: July 11, 2006 TOWN OF MARANA AGENDA ITEM: E.2 TO: MAYOR AND COUNCIL FROM: Frank Cassidy, Town Attorney SUBJECT: Ordinance No. 2006.21: Relating to Animal Control; adopting vaccination and licensing requirements for dogs; prohibiting dogs at large; requiring dog waste removal; authorizing animals in vio- lation 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 chap- ter 6-2 and chapter 6-3, amending section 6-8-2; and declaring an emergency. 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. As discussed during our April 11, 2006 study session on this subject, the Town Attorney re- ceived a letter from the Pima Animal Care Center during the preparation of the Animal Control ordinance, 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. Town staff ap- preciates Pima Animal Care Center's concerns, but does not believe there is enough of a problem with the sale and transfer of animals in the Town to justify the regulation suggested by the County. The provisions requested by Pima Animal Care Center have therefore not been incorpo- rated into the ordinance proposed for adoption today. If this becomes a Town problem in the fu- ture, the requested provisions may be added at that time. The only substantive changes between the draft ordinance presented on April 11 and the ordi- nance proposed for adoption involve penalties. This ordinance eliminates minimum penalties and takes advantage of the civil code enforcement process adopted by Ordinance No. 2006.15. REQUESTED ACTION Staff recommends adoption of Ordinance No. 2006.21. SUGGESTED MOTION I move to adopt Ordinance No. 2006.21. {00002329.DOC I} 7/5/200611:39 AM FJC MARANA ORDINANCE NO. 2006.21 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 ofMa- 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 strikeouts and additions shown with double underlinin!!): Section 6-1-2 Definitions A. The following definitions shall apply throughout this title unless the context clearly indicates otherwise. 1. "Altered doa" means a soaved female or neutered male doa. 2. "Animal" means every non human mammalian species of animal, both do- mestic and wild. ~~. "At-large" means being neither confined by an enclosure nor physically re- strained by a leash. ~d. "Bite" means any penetration of the skin by the teeth of any animal. ~4. "Biting animal" 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. "Le. "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. ~+. "Dog" means any member of the canine species. {00001893.DOC / 2} - 1 - 7/5/200611:25 AM FJC 9. "Household" means all those oersons who reaularlv dwell toaether at the same olace of residence. .1.Q3. "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. 119. "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. 12W. "Licensed dog" means any dog having a current license. .1.J-1.4. "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 anv animal control officer. .12~. "Police dog" means any dog belonging to any law enforcement agency service dog unit. 17-+4. "Property line" means the line which represents the legal limits of prop- erty (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. 1.8.4&. "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. 19.4&. 'Tie out" means a chain, leash, wire cable or similar restraint attached to a swivel or pulley. 20. "Town enforcement aaent" means the Pima Animal Care Center director or his or her desianee. 214-7. "Under restraint" means an animal secured by a leash or lead and un- der control of a responsible person, or confined within a vehicle or located upon the real property limits of its owner. 22+8. "Vaccination" means an anti rabies vaccination using a type of vaccine approved by the state veterinarian and administered by a state licensed veterinarian. 2349. "Vicious animal" means any animal that bites, attempts to bite, endan- gers or otherwise injures or causes to be injured, human beings or other animals. SECTION 2. Existing Chapter 6-2 is deleted in its entirety and replaced with new Chap- ter 6-2, as follows: {00001893.DOC / 2) - 2- 7/5/200611:25 AM FJC 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. B. 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 official certificate of vaccination that includes the owner's name and address, a brief de- scription 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. {00001893.DOC /2) - 3 - 7/5/200611:25 AM FJC 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: T e Standard Fee Unaltered do $40 Altered do $10 Dog declared $70 vicious, destructive and/or dan erous Senior/Disabled Fee $12 $6 $70 B. Any person who presents to the town enforcement agent an affidavit or veteri- narian'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. 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 is- sued 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 more than $300. (00001893.DOC /2} - 4 - 7/5/2006 II :25 AM FJC 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 com- plaint, and the court shall enter judgment for the town and impose a civil sanc- tion 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 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. {00001893.DOC / 2} - 5 - 7/5/2006 II :25 AM FJC B. In addition to any other penalties allowed by law, the magistrate shall order 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. 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. {00001893.DOC / 2) - 6- 7/5/200611:25 AM FJC Section 6-3-3 . Violations; penalties A. 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. B. In addition to any other penalties allowed by law, the magistrate shall order 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. 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 by a fine of not 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. {00001893.DOC / 2} - 7 - 7/5/2006 II :25 AM FJC SECTION 4. Section 6-8-2 is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlinin!!): Section 6-8-2 Authority to remove. impound and microchio" costs A. .Jf...a8, peace officer or town animal enforcement agent who has orobable cause to believe issued a oitation for a violation of this title or of the Arizona Revised Statutes has occurred, and reasonably believes that the violation will continue, the officer is authorized and empowered to remove and impound the animal. B. The town enforcement aoent is authorized and emoowered to olace an iden- titv-tracino microchio in an animal imoounded under this chaoter. C. All fees. includino veterinarY fees. incurred to remove. imoound. board. care for and/or microchio an animal under the authoritv of this title shall be oaid bv the animal's owner.The owner of any animal removed and impounded under the pro...isions of this title shall be liable for any impoundment, boarding or veterinary fees inourrod in oonneotion ther{)with. SECTION 5. IT IS FURTHER ORDAINED that, since it is necessary for the preserva- tion of the peace, health and safety of the Town of Marana that this ordinance become immedi- ately effective, an emergency is hereby declared to exist, and this ordinance shall be effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 11th day of July, 2006. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00001 893.DOC / 2} - 8 - 7/5/2006 11 :25 AM FJC AFFIDAVIT OF PUBLICATION STATE OF ARIZONA COUNTY OF PIMA ss. Jamie Macias, being first duly sworn, deposes and says that (s)he is the legal Advertising Manager of THE DAilY TERRITORIAL, a daily newspaper printed and published in the County of Pima, State of Arizona, and of general circulation in the City of Tucson, County of Pima, State of Arizona and elsewhere, and the hereto attached: PUBLIC NOTICE MARANA ORDINANCE NO. 2006.21 RELATING TO ANIMAL CONTROL ET AL was printed and published correctly in the regular and entire issue of said THE DAilY TERRITORIAL for 4 issues; that was first made on the 17th day of July 2006 and the last publication thereof was made on the 20th day of July 2006; that said publication was made on each of the following dates, to-wit: 07/17/06 07/18/06 07/19/06 07/20/06 at the Request of: Town of Marana, Clerk's Office 0) ,Legal Advertising Manager bscr bed and sworn to before me this 20th day of July 2006. /7Lv ~ ROBBIE JONES Notary Public . ArIzone Pima County Expires 11/01/08 My commission expires: II--{)/- Og PUBLIC NOTICE MARANA ORDINANCE NO. 2006.21 RELATIN1::i TO ANIMAL CONTROL; ADOPTING VACCINATION AND LI- CENSING REQUIREMENTS FOR DOGS; PROHIBITING DOGS AT LARGE; REQUIRING DOG WASTE REMOVAL; AUTHORIZING ANIMALS IN VIOLATION TO BE REMOVED, IM- POUNDED AND MICROCHIPPED; ES, TABLlSHING FEES; PROVIDING PEN. AL TIES 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 EMER. GENCY. WHEREAS the Town Council is author. ized by AR.S. ~ 9 240 to adopt animal control regulations; and WHEREAS the Town Council finds that the animal control reguiations estab- lished by this ordinance are necessary for the public health. safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as foliows: SECTION 1. Section 6 1 2 of the Marana Town Code is hereby revised as foliows (with deletions shown with ~ and additions shown with double underlininQ): Section 6.1-2 Definitions A. The foliowing definitions shali appiy throughout this title uniess the context ciearly indicates otherwise. 1. "Altered don" mean~ :=t spaved female or neutered male dog. ~"Animal" means every non human mammalian species of animal, both do- mestic and wild. ;32. "At-large" means being neither con- fined by an enclosure nor physicaliy re- strained by a leash. !13. "Bite" means any penetration of the skin by the teeth of any animal. ~4. "Biting animal" means any animal that bites or otherwise injures human beings or other animals without provo- cation. 1lS. "Coliar" means a band, chain, har- ness or suitable device worn around the neck of a dog to which a license may be affixed. 1J;;. "Destructive animal" means any ani. mal that has a propensity to destroy, damage or cause damage to the prop- erty of a person other than the animal's owner. llZ. "Dog" means any member of the ca- nine species. 9. "Household" means all those carsons who reaularlv dwell together at the same Dlece of residence. 1lla. "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. 1151. "Leash" or "lead" means a chain, rope, leather strap, cord or similar re- straint attached to a coliar or harness or otherwise secured around an animal's neck. 1Z.Ul. "Licensed dog" means any dog having a current license. 1.Ja. "Livestock" means neat animals, horses, sheep, goats, swine, mules and asses. 1A1.2. "Owner" means any person own- ing: keeping, possessing, harboring, maintaining or having custody or other. wise having control of an animal within the town limits. 15. "Peace officer" includes any animal control officer 16U. "Police dog" means any dog be- longing to any law enforcement agency service dog unit. flU. "Property fine" means the line which represents the legal limits of property (including an apartment, con- dominium, rOOfTI or other dwelling unit) owned, leased or otherwise occupied bv a person, business, corporation or insti- tution, In cases involving sound trom an actIVity on a public street or other pUblic Tlght-ot-way, the "property line" shall be the nearest boundary of the pUblic right-ot-way. 18:l.il.. "Provocation" means any behav- Ior toward an animal or its owners or its owner's property which is likely to cause a defensive reaction by the animal. .19 ~ "Tie out" means a chain, leash, wire cable or similar restraint attached to a swivel or pulley. 20. "Town enforcement anent" means the Pima Anima! Care Center director or his or her desianee. 21;U. "Under restrainl" means an ani- mal secured by a ieash or lead and un. oer 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 ra- bies vaccination using a type of vaccine approved by the state veteTlnarian and adminfstered by a state licensed veteri- narian, 2:l1a. "Vicious animal" means any ani- mal that bites, attempts to bite, endan- gers or otherwise injures or causes to be injured, human beings or other ani- mals. SECTION 2. Existing Cnapter 6 2 is de- leted in its entirety and replaced with new Chapter 6 2, as follows: Chapter6-2 VACCINATION AND LI. CENSING 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 mOnlhs unless it is vac- cinated In accordance with the require- ments of this chapter. B. Any person who falis to compiy with this section is gulfty of a class 2 rnisde-meanor. Section 6-2-2 Type of vaccination The type or types of anti-rabies vaccina- tion that may be used for vaccination of dogs, the period of time between vacci- nation and revaccination, and the dos. age and method of administration ot the vaccine shall be in accordance with the rules and regulations designated by the state veterinarian. SectiDn 6-2-3 VaccinatiDn cerllficate, contents The person causing a dog to be vacci- nated shall demand and be given an of- ficial certificate of vaccination that in- cludes fhe owner's name and address, a brief description of the dog, the dafe and type of vaccination, the manufac- turer and serial number of the vaccine used, and the date the dog is due for re- vaccination. Section 6-2-4 ImpDundment, vaccina- tIon Df unvaccinated dogs The town enforcement agent is hereby authoTlzed to have a licensed veterinar- ian vaccinate and issue a vaccination certiffcate for an impounded unvacci. nated dog at a cost to be borne by the dog's owner. Section 6-2.5 License reo quired; classlficatlDn A It shall be uniawful 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 re- quirements 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 VaccinatiDn csrlificate prerequisite to license No license shall be issued for any dog until the owner has presented a vacci- nation certificate signed by a licensed veterinarian containing the information required by this Chapter. Section 6.2.7 Vaccination Dutside the cDunty 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 informa- tion required by this chapter. Section 6-2-8 License fees; rebate; exemptions; delinquency penalties A. No dog license shali be issued by the town enforcement agent until the doa owner has paid a lIcense fee, as fo~l- lows: Type Unaltered dog Aitered dog Dog declared Standard Fee $40 $10 SeniDr/ Disabled Fee $12 $6 vicious, destructive and/or dangerous $70 $70 B. Any person who presents to the town enforcement agent an affidavit or veteri- narian's certificate stating either that the dog IS already altered, that the dog is at least ten years old, or that the dog can- not be aitered for nealth 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 oroof for eligibility. No more than four dogs per household shall be licensed at the senior citizen rate. D. Any person who presents to the town enforcement agent a statement from a qualified heaith care professional certi- fying that the person has a disabling condition as defined by the Americans with Disabilities Act shall be eligibie for the disabled citizen license fee. E. Any person who has paid the license fee for an unaltered dog who, during fhe license year, presents to fhe town en- forcement agent a statement from a vet- erinarian certifying that the licensed ani- mal has been altered shall be entitled to a rebate. The rebate shall be the differ- ence 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 li- cense 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 li- cense fee. If the license application is made more than one year after the due date, a delinquent penally of $10 shall be added to the license fee for each subsequent year, up to a maximum ot $25. Ssction 6-2.9 Transter of license; tee; 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 en- forcement agent within ten days of transfer. C. A transfer fee of $5 shall be charged to transfer any license. D. Faiiure to comply with this section is a civil infraction, E. Any person found responsible for vio- lating this section shall be sanctioned by a fine of not more than $300. F. Any individual having received a no- tice of violation and failing to appear at the hearing time designated in the no- tice of violation, or time designated fer heanng by the court, shall be deemed to have admitted tne 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. G. If any penalty ordered to be paid by the court or torfeited pursuant to default is not paid within 30 days of the magis- trate's order, the town attorney may in- stitute appropriate civil proceedings seeking legal and/or equitable relief to enforce the order, and the magistrate may institute judiciai proceedings as orovided by law to collect the penalty. AIi penalties collecteo pursuant to this section shall be paid to and become the property of the town. Section 6-2.10 Issuance, contents 01 tags A. The town enforcement agent shall is. sue each dog licensed under this chap~ ter a cumbIe dog tag with tne name of tne town, the number of the license and the month and year it expires. ' B. Dog license tags shall not be trans- ferable from one dog to another. SectiDn 6-2.11 Tag required; excep- tions; impDundment; ciasslfication A. The dog tag provided by the town en- forcement agent shall be affixed to a collar orovided bv the doo's owner and worn ~; ali t;';'~" by the' d';g~ - B. Properly vaccinated and licensed dogs need not wear a collar with the li- cense tag affixed in the foliowing cir- cumstances: 1. While oeing exhibited at or trans- ported to and from an American Kennel Club approved show; 2. While engaged in or transported to and from races approved by the Arizona Racing Commission; or 3. While acting as a police dog. C. The town enforcement agent or a peace officer may apprehend and im- pound, 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, tee Whenever a dog license tag is lost, a duplicate tag will be issued upon appli- cation by the owner and the payment of $5 to the town enlorcement agent. Section 6-2.13 CDuntertelting or transterring Df tags prDhibfted; clas. slficatiDn A It shall be unlawful to counterfeit or attempt to counterfeit an officiai 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 ViolatiDns; Penalties A Any person violating the provisions of this chapter shall be guilty of a separate offense for each and every day or por- tion of a day during which any vioiation of this chapter is committed or permit- ted. B. in addition to any other penalties al- lowed by law, the magistrate shall order abatement as necessary. SECTION 3. Existing Chapter 6 3 is de- leted in its entirety and replaced with new Chap-ter 6 3, as follows: Chapter6-3 DOGS AT LARGE; DOGS ON SCHOOL GROUNDS; IM- POUNDMENT; DOG WASTE RE. MOVAL Section 6-3.1 Dogs at Isrge prohib- ited; exceptions; impDundment; clas- sification A Any dog owned, possessed, har- bored, kept or maintained on public streets, sidewalks, alleys, parks or other public property shall be restrained by a leash, chain, rope, cord or similar de- vice. B. Any dog owned, possessed, kept, harbored or maintained upon or about the private property of any person, in- cluding 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 es- caping from the property. C. Dogs may be at large as an excep- tion to this section under the following circumstances: 1. While participating in field trials, obe- dience classes or kennel club events, or while engaging in races approved by the Arizona Racing Commission, pro- vided" that the dog is accompanied by and under the control of the dog's owner or trainer, 2. While being used or trained for iegal hunting or for control of livestock. 3. While assisting a peace officer en. gaged 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 aoent or a peace officer is authorized to impound, or cause to be impounded, any dog run- ning at large contrary to the provisions of this section. E. Failure to comply wllh thiS section is a class 2 misdemeanor. Section 6.3.2 DDgS on SChODI grDunds prohibited; exceptions; classification A. It shail be unlawful to bring a dog onto the grounas of any school, regard- less of wnether the dog IS on a leash. B. Dogs may be on schooi grounds as an exception to this section under the tollowing circumstances: 1. While partiCipating as part of a formai school activity or event. 2. While serving as a guide dog fer the hlinrl ri!::lnf or nh\l~i"'nll\l rlio::nhlc.rl .......,..., ...-....,...., t"".,.......-." ....,-.......,....... 3. While' assisting a peace officer en- gaged in Ill'OV enforcement duties. C. Failure to compiy with this section is a class 2 misdemeanor. Section 6-3-3 Violations; penalties A. Any person violating the provisions of this chapter shall be guilty of a separate offense for each and every day or por- tion of a day during which any vioiation of this chapter is committed or permit- ted. B. in add~ion to any other penalties ai- iowed by law, the magistrate shall order abatement as necessary. Section 6-3-4 Impoundment time, no- tice and fees A. The town enforcement agent shall promptly notify the dog's owner in per- son 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, including veterinary tees, incurred to remove. im- pound, board, care for and/or microchip an animal under the authority of this ti- tie. B. When an unlicensed dog is im- pounded, 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 own- ership and payment 01 all costs and fees, including veterinary fees, incurred to remove, impound, board, care for and/or microchip an animal under the author~ of this tRie. C. Impoundment fees shall be deter- mined by the town enforcement agent. D. Any licensed dog unclaimed within seven days of notice to the owner, as described in subsection A, may be placed for adoption or humanely de- stroyed w~hin 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 dis- cretion of the town enforcement agent. Section 6-3-5 Dog waste removal; ex- ceptions; sanctions A. 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 the dog on publiC property or on private property without fhe consent of the person in control of the property. B. This section shall not apply to blind persons, persons with mobility disabili- ties, or police officers or other law en- forcement officers accompanied by po- lice dogs while on emergency. C. Any person found responsible for violating this section shall be sanctioned by a tine of not 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 accor- dance w~h the provisions of this sec- tion. E.lf any pena~ ordered to be paid by the court or forfeited pursuant to defauli is not paid w~hin 30 days of the magis. trate's order, the town attorney may in. stitute appropriate civil proceedings seeking legal and/or equitable relief to enforce the order, and the magistrate may institute judicial proceedings as provided by law to collect the penalty. All penalties collected pursuant to this section shall be paid to and become th' property of the town. SECTION 4. Section 682 Is hereby" vised as follows (with deletions showr with ~ and additionr. shown wit double underlining): Section 6-8-2 Authority to Ilm1lU!lI impound and microchio. costs A. J.t..aA peace officer or town animal el forcement agent YilllLhas ll!Qi:labJ: cause to believe i<:<:IIOM ':> ....it-:>tlt'"\n f....,. vioiation ot this title or of the Arizon Revised Statutes has Occurred. an reasonably believes that the vioiatio will continue, the officer is authorize and emoowered to remove and ir ..................1-.... .......:..........1 "^,,UIIU LlIO QIIIIIIQI, B. The town enforcement anent i~ authorized and emoowered In ni;~~ an identltv-tracina microchio in ~~ ;nj;';~1 ImOOunded under this chanter. C. AU fees includina vet;ri~;rv fee~ in. turred to remOVE imnound board. ~~~e jQr and/or mlcrochio an ;~j;;;~ -:m~; me authontv of thiS title shall b~ O';id b; tbe animal's owner Tho 1"\"',.,0,. 1"\' ~~\f ~nirn....! ,.,..,........."nrl ...nrl irnnn'lnn",rl I 'nrl{l" tho prl"\\li~i....n~ .....t thic.' tit];" ~n~1I h,.., Ii...hl~ in.. ~n~' irnpnll,.,rltT1o,.,. n.....!:Ir,.;;ng nr \/'il1- Qnn~r1' too... in....ll,.r~rl in ....,.,,.,,.,0....+;",., ~ SECTION 5. IT IS FURTHER OR- DAINED that, since it is necessary for the preservation of the peace, health and safety of the Town of Marana that this ordinance become immediately ef- fective, an emergency is hereby de- clared to exist, and this ordinance shall be effective immediately upon its pas- sage and adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 11th day of July, 2006. _ Mayor Ed Honea ATTEST: _ Jocelyn C. Bron- son, Town Clerk APPROVED AS TO FORM: _ Frank Cassidy, Town Attor- ney PUBLISH: The Dally Territorial July 17, 18, 19,20,2006 pnord2006.21 a.S