HomeMy WebLinkAboutOrdinance 2017.011 Amending Title 6 (Animal Control) F. ANN RODRIGUEZ. RECORDER ,a
Recorded BY: LW __—
DEPUTY RECORDER - , 0 SEQUENCE* 20171250137
#'a
NO. PAGES:
. ', 05/05/2017
sMARA � �_�: ORDIN
TOWN OF MARANA � 10:14:22
PICKUP "
PICC UP
x AMOUNT PAID: `$7.50
P
MARANA ORDINANCE NO. 2017.011
RELATING TO ANIMAL CONTROL; AMENDING TITLE 6 (ANIMAL CONTROL) OF
THE MARANA TOWN CODE BY REPLACING EXISTING TITLE 6 WITH A
COMPREHENSIVE REWRITE OF TITLE 6; AND DESIGNATING AN EFFECTIVE DATE
WHEREAS the Town Council is authorized by A.R.S. 9-240, 9-499.04, 9-500.32,
11-101$, 11-1029, 13-2910, and 13-4281 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
Marana.
3
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF
}
MARANA, as follows: a
SECTION 1. Existing Title 6 of the Marana Town Code "Animal Control" is hereby 3
replaced with the comprehensive rewrite of Marana Town Code Title 6 "Animal Control," one
paper copy and one electronic copy of which are on file in the office of the Town Clerk of the
Town of Marana, Arizona, which was made a public record by and attached as Exhibit A to
Resolution No. 2017-039 of the Town of Marana, Arizona, and is hereby referred to, adopted
3
J
and made a part of this ordinance as if fully set out here.
3
SECTION 2. The following penalty clauses are included in the comprehensive rewrite
of Title 6 "Animal Control".
6-2-5 Unlawful Interference with town enforcement agent;classification
[Paragraph A does not have any penalty clauses]
B. Violation of this section is a class 1 misdemeanor.
i
6-3-1 Vaccination required;classif ication
[Paragraph A does not have any penalty clauses]
B. Any person who fails to comply with this section is guilty of a class 2
misdemeanor.
6-3-4 License required;classification
q •
3
[Paragraph A does not have any penalty clauses]
B. An person who fails to comply with this section is guilty of a class 2
Any p p y g ty
misdemeanor.
00052119.DOCX I1
ordinance No.2017.011
6-3-8 License fee exemptions;false certification;classification*sanction
[Paragraphs A through C do not have any penalty clauses]
D. A person who makes a false certification pursuant to paragraph A of this
section is guilty of a petty offense and subject to a fine of not more than$50.
6-3-9 Transfer of license;fee;classification
[Paragraphs A through C do not have any penalty clauses]
D. Failure to comply with this section is a civil infraction.
6-3.11 Tag required;exceptions;classification
[Paragraphs A and B do not have any penalty clauses]
C. Failure to comply with this section is a class 2 misdemeanor.
6--3-13 Counterfeiting or transferring of tags prohibited;classification
[Paragraph A does not have any penalty clauses]
B. Violation of this section is a class 2 misdemeanor.
6-4-1 Dogs at large prohibited; exceptions;classification
[Paragraphs A through C do not have any penalty clauses]
D. Except as otherwise provided in this section, violation of this section is a civil
infraction.
E. Violation of this section is a class 2 misdemeanor if the owner of the animal
has been found responsible or guilty of a violation of this section within the
12-month period prior to the date of offense.
6-4-3 Dogs on school grounds prohibited; exceptions;classification
[Paragraphs A and B do not have any penalty clauses]
C. Except as otherwise provided in this section, violation of this section is a civil
infraction.
D. Violation of this section is a class 2 misdemeanor if the owner of the animal
has been found responsible or guilty of a violation of this section within the
12-month period prior to the date of offense.
6-5-1 Dog waste removal.;exceptions;classification
[Paragraphs A through C do not have any penalty clauses]
D. Violation of this section is a civil infraction.
6-6-1 Cruelty prohibited;classification;penalty
[Paragraph A does not have any penalty clauses]
B. Violation of this section is a class 1 misdemeanor.
C. Upon conviction of violation of this section, in addition to any other penalty
imposed by the magistrate, 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
0005211.9.DOCx/I
Ordinance No.2017.011 - 2 -
to three years and that the animal(s) which is the subject of this action be
forfeited to the town enforcement agent.
6-6-2 Neglect prohibited;classification;penalty
[Paragraphs A and B do not have any penalty clauses]
C. Violation of this section is a class 1 misdemeanor.
D. Upon conviction of violation of this section, in addition to any other penalty
imposed by the magistrate, 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 subject of this action be
forfeited to the town enforcement agent.
6-6-3 confinement of animals in motor vehicles prohibited; exceptions;
authority;classification
[Paragraphs A through E do not have any penalty clauses]
F. Violation of this section is a class 1 misdemeanor.
6-6-4 Duty to obtain or render aid to animal struck by vehicle
[Paragraph A does not have any penalty clauses]
B. Violation of this section is a class 1 misdemeanor.
6-6-5 Animal hoarding prohibited; exception; definitions; penalty;
classification
[Paragraphs A through c do not have any penalty clauses]
D. Upon conviction of violation of this section, in addition to any other penalty
imposed by the magistrate, the magistrate may order one or more of the
following.-
1.
ollowing:1. That the person complete a court-approved mental health evaluation and
any recommended treatment at the convicted person's expense.
2. That the person shall not be permitted to own, possess, keep, harbor, or
maintain any animal for a period of up to three years.
3. That the person submit to periodic property inspections by any town
enforcement agent.
E. Violation of this section is a class 1 misdemeanor.
6-7-1 Keeping vicious or destructive animals prohibited; exceptions;
classif ication
[Paragraphs A and B do not have any penalty clauses]
C. Violation of this section is a class 1 misdemeanor.
6-7-2 Prohibited acts;classification;defenses
A. The owner of any animal that bites, attempts to bite, endangers or otherwise
injures or causes injury to human beings or other animals is guilty of a class 1
misdemeanor.
00052119.DOCX Il
Ordinance No.2017.011 - 3 -
B. The owner of any animal that destroys, damages, or causes damage to the
property of another person is guilty of a class 1 misdemeanor.
[Paragraph C does not have any penalty clauses]
6-7-3 Restitution
In addition to any other penalty, if a victim suffers economic loss as a result of a
violation of this chapter, the court shall order the owner to pay restitution to the
victim, in the full amount of the victims economic loss, as determined by the
court. This remedy shall not abridge any civil cause of action by the victim.
6-7-4 Quarantine of biting animals; reporting; handling and destruction;
exception;classification
[Paragraphs A through J do not have any penalty clauses]
K. Failure to comply with this section is a class 1 misdemeanor.
6-5-7 Findings of court after hearing
[Paragraphs A and B do not have any penalty clauses]
C. In addition to any other penalty or order, if the town magistrate f Inds that the
animal is vicious or destructive, or is a danger to the safety of any person or
other animal,the court shall order one or more of the following:
1. That the animal be kept in an enclosure that is secure enough that the
animal cannot bite, harm or injure anyone outside the enclosure, and
cannot escape, as follows,--
a.
ollows:a. The court shall determine the appropriate fencing requirements for the
size and nature of the animal. The court may require a fence, including
gates to be six feet 'n height, a fence five to six feet in height to incline to
the inside of the confinement area at a 45 degree angle from the vertical,
or that the conf inement area be wholly covered by a material strong
enough to keep the animal from escaping.
b. The court may require the bottom of the confinement area to be of
concrete, cement or asphalt, or of blocks or bricks set in concrete or
cement; or if the bottom is not provided, then a footing of such material
shall be placed along the whole perimeter of the confinement area to a
depth of one foot below ground level, or deeper if required by the court.
c. The court may require the gates to the confinement area to be locked at
all times with a padlock except while entering or exiting.
2. That the animal be muzzled and restrained whenever the animal is outside
its enclosure with a leash, chain, rope or similar device not more than six
feet in length sufficient to restrain the animal, and under the control of a
person capable of preventing the animal from engaging in any prohibited
behavior.
0005211 9.DOLx/I
Ordinance No.2017.011 - 4
3. That the owner of the vicious animal display on every gate or entry way to
the enclosure where the animal is kept a sign itz three--inch letters, easily
readable by the public,using the words "Vicious Animal."
4. That the owner maintain liability insurance in a single incident amount of
at least $250,000 for bodily injury or death of any person or for damage to
property caused by the vicious animal.
5. That the animal's owner pay the reasonable cost to the town enforcement
agent to tattoo the animal with an identification number. The town
enforcement agent shall maintain a registry of the numbers and the owners
of the animals.
6. That the animal be spayed or neutered at the owner's expense.
7. That the animal be def angel or declawed.
8. That the animal be banished from the town limits, after first being spayed
or neutered, microchipped and tattooed by a licensed veterinarian at the
owner's expense.
9. That the animal be forfeited to the town enforcement agent for transfer to a
legally incorporated humane society or other nonprofit corporate animal-
welfare organization devoted to the welfare, protection and humane
treatment of animals, as described in section 6-8.10.
10.That the animal be humanely destroyed.
[Paragraph D does not have any penalty clauses]
6-8-9 Vicious or destructive animals; required acts and unlawful activities;
classification
[Paragraphs A through E do not have any penalty clauses]
F. Violation of this section is a class 1 misdemeanor.
6.8-10 Duty to produce; exemption;classification
[Paragraphs A and B do not have any penalty clauses]
C. Violation of this section is a class 1 misdemeanor.
6-9-1 Excessive noise prohibited;classification
[Paragraphs A and B do not have any penalty clauses]
C. Except as otherwise provided in this section., violation of this section is a civil
infraction.
D. Violation of this section is a class 2 misdemeanor if the owner of the animal
has been found responsible or guilty of a violation of this section within the
12-month period prior to the date of offense.
SECTION 3. The various town officers and employees are authorized and directed to
perform all acts necessary or desirable to give effect to this ordinance.
00052119.DOCx 11
Ordinance No.2017.011 - 5 -
SECTION 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions,
or motions of the Council in conflict with the provisions of this ordinance are hereby repealed,
effective as of the effective date of this ordinance.
on sentence clause, phrase or portion of this
SECTION S. If any section, subsecti
ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, the decision shall not affect the validity of the remaining portions of this
ordinance.
SECTION 6. This ordinance shall become effective on July 1, 2017.
PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA,
ARIZONA, this 2nd day of May, 2017.
Mayor Ed q0nea
ATTEST: APPROV D AS TO FORM:
c e
elyn C. ronson, Town Clerk /F nk Cat' i -,*Town A ey
MARANA AZ
ESTABLISHED 1977
000521 19.DOCX/I
Ordinance No.2017.011 - 6 - 4/26/2017 3:23 I'M