HomeMy WebLinkAboutResolution 2011-099 declaring amendments to town code title 6 relating to animal control a public record MARANA RESOLUTION NO. 2011-99
RELATING TO ANIMAL CONTROL; DECLARING AS A PUBLIC RECORD FILED WITH
THE TOWN CLERK THE AMENDMENTS ADOPTED BY ORDINANCE NO. 2011.26 TO
MARANA TOWN CODE TITLE 6 "ANIMAL CONTROL," MODIFYING THE REQUIRED
CONTENTS OF DOG LICENSE TAGS, PROVIDING FOR AN EXCEPTION TO THE
PROHIBITION OF DOGS AT LARGE FOR CERTAIN SERVICE ANIMALS,
RECLASSIFYING VIOLATIONS OF CHAPTER 6 -4, ENTITLED "CRUELTY AND
NEGLECT OF ANIMALS," AS CLASS 1 MISDEMEANORS AND REVISING THE
PENALTIES FOR THESE OFFENSES, ADDING NEW SECTION 6 -4 -3, ENTITLED "DUTY
TO OBTAIN OR RENDER AID TO ANIMAL STRUCK BY VEHICLE" AND MODIFYING
VARIOUS OTHER PROVISIONS
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to the Marana Town Code Title 6 "Animal
Control," a copy of which is attached to and incorporated in this resolution as Exhibit A and
three copies of which are on file in the office of the Town Clerk, is hereby declared to be a public
record and ordered to remain on file with the Town Clerk.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, this 1 st day of November, 2011. 0
Mayor Ed Honea
ATTEST: APPROVED AS TO FORM:
N
celyn C. onson, Town Clerk C idy, Town Atto ey
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X11 /11US� {00028352.noc i}
EXHIBIT A TO MARANA RESOLUTIONNO. 2011 -99
Amendments to the Marana Town Code, Title 6 "Animal Control" pursuant to
Marana Ordinance No. 2011.26
SECTION 1. Section 6 -1 -2 of the Marana Town Code is hereby revised as
follows with added text shown with double underlining and deletions shown with ste-
eultex4:
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
domestic and wild.
3. "At- large" means being neither confined by an enclosure nor physically
restrained 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
beings 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 dog license Wg 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
animal's owner.
8. "Dog" means any member of the canine species.
9 "Domestic animal" means any of various animals that have been tamed
and made fit for a human environment.
1Q9. "Household" means all those persons who regularly dwell together at the
same place of residence.
11_x8. "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.
1244. "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.
1x42. "Licensed dog" means any dog having a current license.
1442. "Livestock" means neat animals, horses, sheep, goats, swine, mules and
asses.
1544. "Owner" means any person owning, keeping, possessing, harboring,
maintaining or having custody or otherwise having control of an animal
within the town limits.
1 4.5. "Peace officer' includes any animal control officer.
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EXHIBIT A TO MARANA RESOL UTIONNO. 2011 -99
Amendments to the Marana Town Code, Title 6 "Animal Control" pursuant to
Marana Ordinance No. 2011.26
1246. "Police dog" means any dog belonging to any law enforcement agency
service dog unit.
1W. "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 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.
n4B. "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.
20 "Service animal" means any dog that is individually trained to do work or
perform tasks for the benefit of an individual with a disability, including a
physical, sensory, psychiatric, intellectual, or other mental disability. - The
work or tasks performed by a service animal must be directly related to
the individual's disability. The crime deterrent effects of an animal's
presence and the provision of emotional support, well- being, comfort. or
companionship do not constitute work or tasks for the purpose of this
definition. A dog does not necessarily require certification in order to be -a
service animal for purposes of this definition: however. to be_elioible for
n o-cost licensing pursuant to this title, the dog must be certified in writing
as a service animal
21 49. "Tie out" means a chain, leash, wire cable or similar restraint attached to
a swivel or pulley.
2229. "Town enforcement agent" means the Pima Animal Care Center director
or his or her designee.
" UndeF H Fn nal seGured by a leash OF lead and unde
f
2322. "Vaccination" means an anti rabies vaccination using a type of vaccine
approved by the state veterinarian and administered by a state licensed
veterinarian.
2429. "Vicious animal" means any animal that bites, attempts to bite,
endangers or otherwise injures or causes to be injured, human beings or
other animals.
SECTION 2. Paragraph F of Section 6 -2 -8 of the Marana Town Code, entitled
"License fees; rebate; exemptions; delinquency penalties," is hereby revised as follows
with added text shown with double underlining and deletions shown with strike out 4
F. Guide degs fGF the blind, heaFing eaF dogs feF the deaf and Service animals
certified dogs". in writing as having been trained to the standards of a
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EXHIBIT A TO MARANA RESOL UTION NO. 2011 -99
Amendments to the Marana Town Code, Title 6 "Animal Control " pursuant to
Marana Ordinance No. 2011.26
service animal by a nationally recognized service animal trainina aaencv shall
be licensed without payment of the license fee.
SECTION 3. Section 6 -2 -10 of the Marana Town Code is hereby revised as
follows with added text shown with double underlining and deletions shown with se-
eut tex :
6 -2 -10 Issuance, contents of dog license tag
A. The town enforcement agent shall issue
a durable dog license tag im n with th e name o f t tewn, the license
number to the owner of each dog licensed under this chanter of the- l+sense
and the month and dear it expiFes
SECTION 4. Section 6 -3 -1 of the Marana Town Code is hereby revised as
follows with added text shown with double underlining and deletions shown with st6ke-
out - te3�t:
6 -3 -1 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
circumstances:
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
permanent dog run located within a park.
. While actina as a service animal and assisting an individual with
disability and only if the individual with a disability is unable because o
the disability to restrain the service animal by leash, chain. rooe. cord or
similar device, or the use of a leash, chain, robe, cord or similar device
would interfere with the service animal's safe, effective performance of
100028274.DOC / 3} -3-
EXHIBIT A TO MARANA RESOLUTIONNO. 2011 -99
Amendments to the Marana Town Code, Title 6 "Animal Control " pursuant to
Marana Ordinance No. 2011.26
work or tasks, in which case the service animal must be otherwise under
the individual's control, by voice control, signals or other effective means.
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. Violation of this section is a class 2 misdemeanor.
SECTION 5. Section 6 -3 -2 of the Marana Town Code is hereby revised as
follows with added text shown with double underlining and deletions shown with Atike
ou t tex4:
6-3 -2 Dogs on school grounds prohibited; exceptions; classification
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
following circumstances:
1. While participating as part of a formal school activity or event.
2. While a gibg serving, as a guide dog fGF the blond, deaf, OF PhyS i Ga ll
disabled service animal to an individual with a disability, as defined in this
Ilia
3. While assisting a peace officer engaged in law enforcement duties.
C. Failure to Gemply with Violation of this section is a class 2 misdemeanor.
SECTION 6. Chapter 6 -4 of the Marana Town Code entitled "Cruelty and
Neglect of Animals" is hereby revised as follows with added text shown with double
underlining and deletions shown with stfike eut to :
6 -4 -1 Cruelty prohibited classification: penalty
A. It shall be unlawful for a person having care, control, charge, or custody of any
either as owner or otherwise. to:
I Wheever- eQverdrives, overloads, overworks, tortures, torments, cruelly
beats, mutilates or unlawfully kills an the animal
I ef- G- Causes or procures an animal to be se overdriven, overloaded, driven
when overloaded, overworked, tortured, tormented, cruelly beaten,
mutilated or killed and whoeveF, having GhaFge OF Gustedy ef an animal,
either as owner OF etheinw .e
I ilnflicts unnecessary cruelty upon i- the animal.
I 6Cruelly drives or works it the animal when unfit for labor ,
I eF-s -Cruelly abandons W, the animal
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EXHIBIT A TO MARANA RESOLUTIONNO. 2011 -99
Amendments to the Marana Town Code, Title 6 "Animal Control" pursuant to
Marana Ordinance No. 2011.26
- O— GaFNes it Sir [ or causes it the animal to be carried in or upon a
vehicle or otherwise, in an unnecessarily cruel or inhumane manner,
L or— kKnowingly and willfully authorizes or permits it the animal to be
subjected to unreasonable or unnecessary torture, suffering or cruelty of
any kind.,
B. Violation of this section shall be is guilty 9 a class 2 1 misdemeanor. h2
addition to any other penalty imposed by the magistrate, as a condition of
probation, the magistrate may order that the owner of the animal shall not be
permitted to own or control any animal for a period of up to three years an
that the animal(s) which is the subject of this action be forfeited to the Pima
Animal Care Center to be placed by adoption in a suitable home or humanely
6 -4-2 Neglect prohibited classification: penalty
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 a having care, control or custody of any animal,
either as owner or otherwise. 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 chapter. 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:
a. Within an enclosure that shall be constructed of material, and in a
manner, to minimize the risk of injury to the animal, and shall
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EXHIBIT A TO MARANA RESOL UTION NO. 2011 -99
Amendments to the Marana Town Code, Title 6 "Animal Control " pursuant to
Marana Ordinance No. 2011.26
encompass sufficient usable space to keep the animal in good
condition, or
b. 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 WhiGh tbat is less than ten feet in length;
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.
C. Violation of this section is a class 1 misdemeanor. In addition to any other
penalty imposed by the magistrate, as a condition of probation, the magistrate
may order that the owner of the animal shall not be permitted to own or control
any animal for a period of up to three years and that the animal(s) which is the
sub ject of this action be forfeited to the Pima Animal Care Center to be Dlaced
by adoption in a suitable home or humanely destroyed.
-4 -3 Duty to obtain or render aid to animal struck by vehicle
A. The driver of a vehicle that collides with an animal that is readily identifiable as
a domestic animal shall make a reasonable effort to obtain aid for the animal
or to render aid and assistance to the animal. A person may discharge his or
r duty under this section by reporting the incident to 911 or to other
appropriate authorities.
B. Violation of this section is a class 1 misdemeanor.
6-4 -43 Protectionamoval, and Impoundment of animals by town; waiver
of Provisions: production of animal ; penal
A. Any peace officer or town animal 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 town animal 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 those
circumstances.
C. Any peace officer or town animal 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
100028274.DOC / 3} -6-
EXHIBIT A TO MARANA RESOL UTIONNO. 2011 -99
Amendments to the Marana Town Code, Title 6 "Animal Control" pursuant to
Marana Ordinance No. 2011.26
and impounded under the provisions of this chapter shall be liable for any
impoundment, boarding or veterinary fees incurred in connection therewith.
D. Any of the provisions of this chapter 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 chapter shall produce
that animal for inspection or impoundment upon the request of the town
animal enforcement agent. All owners shall be responsible for any and all
applicable impoundment and boarding fees in connection therewith.
C Any neroen v ielating the nreyiniens of this nhapter shall he gu of a elaS6 2
than $100 9F FROM than s r or any
vr
of , � r e e �iit.e � e.ne the imposition of the minimm fine nree�nrihed in this
We yeaFs. This shall not be GenStFued te � crr nrl , s �
e s the iMpesitien
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