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HomeMy WebLinkAboutResolution 2017-039 Comprehensive rewrite of Marana Town Code Title 6 (Animal Control) MARANA RESOLUTION NO. 2017-039 RELATING TO ANIMAL CONTROL; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE COMPREHENSIVE REWRITE OF MARANA TOWN CODE TITLE 6 (ANIMAL CONTROL) ADOPTED BY ORDINANCE NO. 2017.01.1 BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, that the comprehensive rewrite of Marana Town Code Title 6 (Animal Control), a copy of which is attached to and incorporated in this resolution as Exhibit A and one paper copy and one electronic copy of which are on file in the office of the Town Clerk, is here- by 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 2nd day of May, 2017. Mayor Ed onea ATTEST: APPROV AS TO FORM: JocelynA. ronson, Town Clerk r Ca i y,'Town Attu ey M- 14 MARANA AZ ESTABLISHED lq77 00052125.DOCX/I Resolution No.2017-039 EXHIBIT A TO.1VMRA11 A RESOL UTIDN.11lo. 2017-039 Comprehe nsiv c rewrite of Marana Town Code, Title 6 "A nine al Control"pursuant to Marana Ordinance No. 2017.011 TITLE 6. ANIMAL CONTROL CHAPTER 6-1. DEFINITIONS 6-1-1 Def i.nitions The following definitions shall apply throughout this title unless the context clearly indicates otherwise. A. "Altered dog" means a spayed female or neutered male dog. B. "Animal"means every non-human mammalian species of animal, both domestic and wild. C. "At large" means being neither confined by an enclosure nor physically restrained by a leash. D. "Bite" means any penetration of the skin by the teeth of any animal. E. "Collar"means a band,chain,harness or suitable device worn around the neck of a dog to which a dog license tag may be affixed. F. "Community cat program" means a program in which healthy, free-roaming cats are humanely trapped or otherwise humanely captured, sterilized, vaccinated against rabies, ear-tipped, and returned to the location where they were found. G. "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. H. "Dog" means any member of the canine species. I. "Domestic animal" means any of various animals that have been tamed and made fit for a human environment. J. "Household" means all those persons who regularly dwell together at the same place of residence. K. "Impound" means the act of taking or receiving an animal into custody for the purpose of confinement at a shelter or pound approved by the town enforcement agent. L. "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. M. "Licensed dog" means any dog having a current license. N. "Livestock" means neat animals, horses, sheep, goats, swine, mules and asses. O ""Owner"' means any person owning,keeping,possessing,harboring,maintaining or having custody or otherwise having control of an animal within the town limits. P. "Police dog" means any dog belonging to any law enforcement agency service dog unit. Q. "'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 00052135.DOCXII MA TOWN CODE 4/26/2417 EXHIBIT A TO.AIM .4NA RESOL UTION NO. 2017-039 Comprehensive rewrite of Marana Town Code, Title 6 "A nimal Control"pursuant to Marana Ordinance No. 2017.011 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. R. ""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. S. ""Service animal" means any dog that is individually trained to do work or perforin 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 eligible for no cost licensing pursuant to this title,the dog must be certified in writing as a service animal. T. ""Tie out"means a chain,leash,wire cable or similar restraint attached to a swivel or pulley. U. "Town enforcement agent"means that person who is designated by the town manager to be responsible for the enforcement of this title and any deputies designated by the town enforcement agent or this title. V. "Vaccination" means an anti--rabies vaccination using a type of vaccine approved by the state veterinarian and administered by a state licensed veterinarian. W. "'Vicious animal" means any animal that has a propensity to attack, to cause injury to, or to otherwise endanger the safety of human beings or domestic animals without provocation, or that has been so declared after a hearing before the town magistrate. CHAPTER 6-2. ENFORCEMENT 6-2-1 Powers and duties of town enforcement agent A. The town enforcement agent shall.- 1. hall:1. Enforce the provisions of this title. Z. Issue citations for the violation of the provisions of this title. B. The town enforcement agent may designate deputies to carry out the powers and duties set forth in this section. 6-2-2 Appointment of animal control officers;authority A. The appointment of town animal control officers is hereby authorized. B. Animal control officers shall be designated as deputies to the town enforcement agent and may commence an action or proceeding before a court for any violation of this title or any state statute relating to rabies or animal control that occurs within the jurisdiction of the town. 00052:135.DOCXCI MARANA TOWN CODE 2 4/26/2017 EXHIBIT A TO AMRANA RESOL UTION NO. 2017-039 Comprehensive rewrite of Marana Town Code, Title 6 "Minimal. Control"pursuant to Marana Ordinance No. 2017.011 6-2-3 Peace officer authority;code compliance officer authority A. Any peace officer is hereby designated a deputy to the town enforcement agent and is authorized and empowered to enforce the provisions of this title and to issue citations for violations of it. B. Any code compliance officer, as defined in chapter 1-9 of this code, is hereby designated a deputy to the town enforcement agent and is authorized and empowered to enforce the provisions of this title that are classified as civil offenses and to issue citations for violations of those civil offenses. 6-2-4 Commencement of action A. An animal control officer or a peace officer may commence an action for violation of.this title by issuing and personally serving an Arizona traffic ticket and complaint as provided in A.R.S. §13--3903, except that an animal control officer shall not make an arrest before issuing the ticket and complaint. B. A code compliance officer may commence an action for a civil violation of this title by issuing a uniform civil code complaint pursuant to Vhapter 5--7 of this code. C. The town attorney or designee may commence an action for violation of this title by filing a long form civil code complaint with the Marana municipal court. Upon receipt of the long form civil code complaint, the Marana municipal court shall issue a summons. D. The issuance of citations pursuant to this section shall be subject to the provisions of A.R.S. X13--3599. 6-2-5 Unlawful interference with town enforcement agent;classification A. It shall be unlawful for any person to interfere with the town enforcement agent or any deputy authorized to enforce this title in the performance of his duties, or to release any animal duly impounded. B. Violation of this section is a class 1 misdemeanor. 6-2-6 Fnf orcement;continuing violations A. Civil violations of this title may be enforced pursuant to the provisions of chapter 5-7 or in any manner provided by town ordinances and state laws. B. Criminal violations of this title shall be enforced in any manner provided by town ordinances and state laws. C. Any person violating the provisions of this title shall be responsible or guilty of a separate offense for each and every day or portion of a day during which any violation of this title is com.m.itted or permitted. 000521,35.D DCXII .MATSANA TOWN CODE 3 4/26/2017 EfXHI13IT A TO AMR.ANA RE SOL UTION NO. 2017-039 Con7prehensive rewrite of Marana Town Code, Title 6 "Anin7al. Control"pursuant to Marana Ordinance No. 2017.011 CHAPTER 6-3. VACCINATION AND LICENSING OF DOGS 6-3-1 Vaccination 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 unless it is vaccinated in accordance with the requirements of this chapter. B. Any person who fails to comply with this section is guilty of a class 2 misdemeanor. 6-3-2 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. 6-3-•3 Vaccination certif irate 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 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. 6-3-4 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 misdemeanor. 6-3-•5 Vaccination certificate prerequisite to license No license shall be issued for any dog until the owner has presented a vaccination certificate signed by a licensed veterinarian containing the information required by this chapter. 6-3-6 Vaccination outside the state A dog vaccinated in any other state 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. 6-3-7 License fees;rebate;delinquency penalties A. No dog license shall be issued by the town until the dog owner has paid a license fee, ii-i an amount established by a fee schedule adopted by the council and amended from time to time. 00052135,x:7OCX11 MARANA TOWN CODE 4 4/26/2017 EXHIBIT A TO MA R.4 NA RESDL UTION NO. 2017-039 Comprehensive rewrite of Marana Town Code, Title 6 "Animal Control"pursuant to Marana Ordinance No. 2017.011 B. Any person who presents to the town an affidavit or veterinarian's certificate stating 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 license fee: The town 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 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 a statement from a veterinarian 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. Any person who fails to license a dog when the dog reaches three months of age or who fails to timely renew a license upon expiration of a license previously issued under this chapter, shall be charged a delinquent penalty in an amount established by a fee schedule adopted by the council and amended from time to time. 6-3-8 License fee exemptions;false certification;classification;sanction A. A service animal,or an animal training to be a service animal,as defined in A.R.S.§11-1024, shall be licensed without paying a license fee. An applicant for a license fee waiver for a service animal must sign a written certification in substantially the same language as in A.R.S. § 11-1008(F)(2) certifying that the animal is a service animal or in training to be a service animal. B. An active working police dog belonging to a law enforcement agency, an active working fire dog belonging to a fire department,an active working military dog belonging to the United States armed forces, or an altered retired police, fire, or military dog, shall be licensed without paying a license fee. An applicant for a license fee waiver for a police, fire, or military dog shall provide adequate proof satisfactory to the town enforcement agent that the dog is an active working or altered retired police, fire, or military dog. C. A search and rescue dog shall be licensed without paying a license fee. An applicant for a license fee waiver for a search and rescue dog shall provide adequate proof satisfactory to the town enforcement agent that the dog is a search and rescue dog. 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 A. whenever the ownership of a dog changes, the new owner shall secure a transfer of the dog's license. 00052135.D OCXA MARANA TOWN CODE 5 4/26/2017 EXHIBIT A TO AIM RA.11 A .RESOL UTION N0. 2017--039 Comprehensive rewrite of Manana Town Code, Tale 6 "Animal Control"pursuant to Marana Ordinance No. 2017.01 1 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 in an amount established by a fee schedule adopted by the council and amended from time to time shall be charged to transfer any license. D. Failure to comply with this section is a civil infraction. 6-3-10 Issuance,contents of dog Incense tag The town enforcement agent shall issue or cause to be issued a durable dog license tag, imprinted with the license number, to the owner of each dog licensed under this chapter. 6.3-11 Tag required;exceptions;classification A. The dog license tag provided by the town enforcement agent shall be affixed to a collar 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 Arizona Rach-ig Commission; or 3. while acting as a police dog. C. Failure to comply with this section is a class 2 misdemeanor. 6-3-12 Duplicate tags,fee Whenever a dog license tag is lost, a duplicate tag will be issued upon application by the owner and the payment of a fee to the town enforcement agent in an amount established by a fee schedule adopted by the council and amended from time to time. 6-3-13 Counterfeiting or transferring of tags prohibited;classification A. It shall be unlawful to counterfeit or attempt to counterfeit an official dog license 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. CHAPTER 6-4. DOGS AT LARGE;DOGS ON SCHOOL GROUNDS 6-44 Dogs at large prohibited;exceptions;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. 00452 I35.D DCX CI MARANA TOWN CODE 6 4/26/2017 EXHIBIT A TO 1IMR.4NA RESOLUTION NO. 2017--039 Comprehensive rewrite of Marana Town Code, .Title G "Animal. Control"pursuant to Marana Ordinance No. 2017.011 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 within a county- or town-maintained temporary or permanent dog park. 5. While acting as a service animal and assisting an individual with a disability and only if the individual with a disability is unable because of the disability to restrain the service animal by leash, chain, rope, cord or similar device, or the use of a leash, chain, rope, cord or similar device would interfere with the service animal's safe, effective performance of 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. 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. 6-4-2 Liability for dogs at large Injury to any person or damage to any property by a dog while at large shall be the full responsibility of the dog owner or person or persons responsible for the dog when such damages were inflicted. 6-4-3 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 acting as a service animal to an individual with a disability,as defined in this title. 3. While assisting a peace officer engaged in law enforcement duties. C. Except as otherwise provided in this section, violation of this section is a civil infraction. 00052135.DocxI MA RA NA TOWN CODE 7 412612017 EAHIBIT a TO.lilaX4Na RESOL UTION NO. 2017-039 Comprehensive rewrite of Harana Town Code, Title G "animal Control"pursuant to Marana Ordinance No. 2017.011 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. CHAP'T'ER 6-5. DOG WASTE REMOVAL 6.5-1 Dog waste removal;exceptions;classification A. It shall be unlawful 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 the consent of the person in control of the property. B. It shall be unlawful for the owner, proprietor, agent or occupant of any premises where dogs are kept to deposit,cause to be deposited, or allow to accumulate,within or about the premises, any solid wastes from dogs in such a manner that the waste creates an unsanitary condition or is a health hazard to humans or animals. This paragraph applies to private property, including property owned, leased or controlled by the owner of the dog. C. Paragraph A of 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. D. Violation of this section is a civil infraction. CHAPTER 6-6. CRUELTY AND NEGLECT OF ANIMALS 6-6-1 Cruelty prohibited;classification;penalty A. It shall be unlawful for a person having care, control, charge, or custody of any animal, either as owner or otherwise, to: 1. overdrive, overload, overwork, torture, torment, cruelly beat, mutilate or unlawfully kill the animal. 2. Cause or procure an animal to be overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, cruelly beaten, mutilated or killed. 3. Inflict unnecessary cruelty upon the animal. 4. Cruelly drive or work the animal when unfit for labor. 5. Cruelly abandon the animal. 6. Carry or cause the animal to be carried in or upon a vehicle or otherwise, in an unnecessarily cruel or inhumane manner. 7. Knowingly and willfully authorize orpermit the animal to be subjected to unreasonable or unnecessary torture, suffering or cruelty of any kind. B. Violation of this section is a class 1 misdemeanor. 00052135.DOCxIII MARANA TOWN CODE 8 4/26/2017 EXHIBIT A TO MA RA NA RE 505 UTION NO. 2 017-03 9 Comprehensive rewrite of.Marana Town Code, Title 6 "A ninial Control"pursuant to Marana Ordinance No. 2017.011 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 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 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. B. Any person having care, control, charge, 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 within an enclosure that shall be constructed of material, and in a manner, to minimize the risk of injury to the animal, and shall encompass sufficient usable space to keep the animal in good condition. 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 A. No person having charge or custody of an animal, as owner or otherwise, shall place or confine the animal or allow the animal to be placed or confined or to remain in a motor vehicle under such conditions or for such period of time as may endanger the health or well- 00052 T35.D OCXII MARANA TOWN CODE 9 412612017 EfXHIBIT A TO MARANA RESOL UTION NO. 2017-039 Comprehensive rewrite of Marana Town Code, Title G "Animal Control"pursuant to Marana Ordinance No. 2017.011 being of the animal due to heat, lack of food or drink, or such other circumstances as may reasonably be expected to cause suffering, disability or death. B. No person having dominion or control over a motor vehicle, as owner or otherwise, shall place or confine an animal or allow an animal to be placed or confined or to remain in a motor vehicle under such conditions or for such period of time as may endanger the health or well--being of the animal due to heat,lack of food or drink, or such other circumstances as may reasonably be expected to cause suffering, disability, or death. C. Nothing in this section shall be deemed to prohibit the transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for such purpose. D. Any town enforcement agent is authorized to use whatever force is reasonable and necessary to remove any animal from a vehicle whenever it appears that the animal's life or health is endangered. E. No town enforcement agent shall be liable for damages to property caused by the use of reasonable force to remove an animal from a vehicle under the circumstances described 111 this section. F. Violation of this section is a class 1 misdemeanor. 6-6-4 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 her 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. 6-6-5 Animal hoarding prohibited;exception;definitions;penalty;classification A. No person shall own, possess, keep, harbor, or maintain ten or more animals under circumstances injurious to the health or welfare of any animal or person. Circumstances injurious to the health or welfare of any animal or person may include, but are not limited to, the following: 1. Unsanitary, overcrowded, or other inhumane conditions; or 2. Failure to provide appropriate medical care; or 3. Failure to provide suitable water or food for the species; or 4. Abandonment. B. Feral cats that are not domesticated, have become wild, or are free-roaming shall not be considered owned, possessed., kept, harbored, or maintained for purposes of this section. C. For purposes of this section only, "animal" means a mammal, bird, reptile or amphibian, but excludes rodents,which may be controlled as otherwise allowed by the law of the state of Arizona.The exclusion of rodents from the definition of animal shall not apply to rodents 0005 2135.D ocxII MARANA TOWN C"'ODE 10 4/26/2017 EXHIBIT A TO M4 RA NA RESOL UTION NO 2017--039 Comprehensive rewrite of'Manana Town Code, Title 6 "Animal Control"pursuant to Marana Ordinance No. 2017.011 classified as fur-bearing animals as defined in A.R.S. §17--101, or to any particular rodent known by the person alleged to have violated this section to be Dept as a pet, or any rodent clearly marked and denominated as being a pet, such as rodents wearing collars or harnesses. 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. 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. CHAPTER 6-7. VICIOUS AND DESTRUCTIVE ANIMALS 6-7-1 Keeping vicious or destructive animals prohibited;exceptions;classification A. It is unlawful for any person to keep, control, harbor or otherwise have under control any animal which is vicious or destructive. B. This section does not apply to zoos,wild animal parks or animal shelters, or to persons who are in compliance with an order of the town magistrate issued pursuant to this title. 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. 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. C. It shall be an affirmative defense to the provisions of this section if the animal is: 1. Not at large and there is provocation; or 2. The dog is a police dog under the command of its trainer. 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 victim's economic loss, as determined by the court. This remedy shall not abridge any civil cause of action by the victim. 000521,35,D ocxII MARANA TOWN CODE T 1 4/26/2017 EXHIBIT A TO M4 RA NA RFSOL UTION NO 2 017-03 9 Comprehensive rewrite of Manana Town Code, Title d "animal Control"pursuant to Manana Ordinance No. 2017.011 6-7-4 Quarantine of biting animals;reporting;handling and destruction;exception; classification A. Any unvaccinated dog or cat that bites any person shall be confined and quarantined in a shelter approved by the town enforcement agent or, upon request of and at the expense of the owner, at a veterinary hospital, for a period of not less than ten days. B. If a dog that bites any person is properly vaccinated pursuant to chapter 6-3,the dog may be confined and quarantined for the ten-day period at the home of the dog's owner or wherever the dog is harbored and maintained with the consent of and in a manner prescribed by the town enforcement agent. C. Any domestic animal other than a dog, a cat, or livestock that bites any person shall be confined and quarantined in a shelter approved by the town enforcement agent or,upon the request of and at the expense of the owner, at a veterinary hospital, for a period of not less than 14 days. D. A caged or pet rodent or rabbit that bites a person may be confined and quarantined for the 14-day period at the home of the owner or where it is harbored or maintained with the consent of and in a manner prescribed by the town enforcement agent. E. Livestock that bites any person shall be confined and quarantined in a manner regulated by the Arizona department of agriculture for a period of not less than 14 days. F. Whenever an animal bites any person, the incident shall be reported to the town enforcement agent immediately by any person having direct knowledge. G. The town enforcement agent may destroy any animal confined and quarantined pursuant to this section prior to the termination of the minimum confinement period for laboratory examination for rabies if: 1. The animal shows clear clinical signs of rabies; and 2. one of the following occurs: a. The owner of the animal consents to its destruction; or b. A court orders the animal's destruction. H. The owner of any animal confined and quarantined pursuant to this section shall be responsible for any fees incurred by the town enforcement agent for the impounding, sheltering, and disposition of the animal. I. Any animal quarantined pursuant to this section may be impounded and kept beyond the quarantine period pending the resolution of any criminal complaint or any hearing requested pursuant to section 6--5--6 arising out of or connected with the biting incident, provided that such complaint or request for hearing is filed within 30 days of the biting incident. J. This section does not apply to a police dog that bites any person if the bite occurs while the dog, is under proper law enforcement supervision and the care of a licensed veterinarian, except that the law enforcement agency shall notify the town enforcement agent if the dog 0005213.DOCXII MARANA TOWN CODE 12 4/26/2017 EXHIBIT A TO AIMR 1NA RESOLUTION NO. 2017-039 Comprehensive rewrite of Manana Town Code, Title d "Animal Control"pursuant to Manana Ordinance No. 2017.011 exhibits any abnormal behavior and shall make the dog available for examination at any reasonable time. K. Failure to comply with this section is a class 1 misdemeanor. CHAPTER 6.8. REMOVAL,IMPOUNDMENT,FORFEITURE AND DISPOSITION OF ANIMALS 6-8-1 Impoundment of unvaccinated and unlicensed dogs;vaccination;costs A. Any town enforcement agent may apprehend and impound any unvaccinated or unlicensed dog. B. The town enforcement agent is hereby authorized to have a licensed veterinarian vaccinate and issue a vaccination certificate for an impounded unvaccinated dog. C. The owner of any dog impounded under this section may reclaim the dog at any time upon proof of ownership and payment of all costs and fees associated with the impoundment. 6-8-2 Impoundment of clogs at large;impoundment period;notice;costs A. Any town enforcement agent may impound or cause to be impounded any dog running at large contrary to the provisions of chapter 6-4. B. Each dog or cat that is impounded with a microchip or wearing a license or any other discernible form of owner identification shall be kept and maintained at a shelter approved by the town enforcement agent for a minimum of 120 hours,unless the animal is claimed or surrendered by its owner prior to the expiration of the impoundment period. The town enforcement agent shall promptly notify the animal's owner,in person or by written notice, of the impoundment.The owner may reclaim the animal within 120 hours from the date of the actual notice or mailing of notice, upon proof of ownership, current rabies vaccination and license, and payment of all costs and fees associated with the impoundment. C. Except as otherwise set forth in this section,each dog or cat that is impounded without any discernable form of owner identification,shall be kept and maintained at a shelter approved by the town enforcement agent for a minimum of 72 hours, unless the animal is claimed or surrendered by its owner prior to the expiration of the impoundment period. The owner may reclaim the dog within the 72-hour impoundment period by securing a vaccination and a license for the dog,providing proof of ownership,and paying,all costs and fees associated with the impoundment. D. Any impounded cat that is eligible for a community cat program and that will be returned to the vicinity where the cat was originally captured may be exempted from the mandatory holding period required by this section. For purposes of this paragraph, "eligible" means a cat that is free-roaming,lacks discernible identification,is of sound health, and possesses its claws. 00052135.DOCxIII MARANA TOWN CODE 13 4/26/2017 EfXHIBIT A TO AIM RANA RESOLUTION NO 2017-039 Comprehensive rewrite of Marana Town Code, Title 6 "animal Control"pursuant to Marana Ordinance No. 2017.011 6-8.3 Impoundment of animals subject to cruelty or neglect and vicious or destructive animals Any town enforcement agent is authorized and empowered to remove and impound any animal in plain view, or subject to a valid search warrant, if the agent has probable cause to believe any of the following: A. That an animal is in distress caused by mistreatment, tie out, exposure to the elements, extremes of temperature, lack of adequate ventilation or drainage, lack of sanitation, deprivation of proper food or potable water, restraint, restriction of movement, confinement, lack of sufficient exercise space, constrictive gear, injury, illness, physical impairment, hoarding conditions as described in section 6--6-5, or parasites. B. That an animal's well-being is threatened by a dangerous condition or circumstance and the agent has reason to believe either: 1. That the distress of the animal or the dangerous condition or circumstance was caused or allowed to be caused by the willful act or omission or negligence of the owner, or 2. That it is likely the animal would be in distress from any cause, or its well-being would be threatened by any dangerous condition or circumstance if the owner retains ownership of the animal. C. That an animal is vicious or destructive or may be a danger to the safety of any person or other animal. 6-8-4 Notice to owner A. whenever the town removes or impounds any animal pursuant to section 6.8-3, if the owner is known, and unless the owner signs a statement permanently relinquishing ownership of the animal to the town enforcement agent,the owner shall be provided with a written notice of the impoundment by one or more of the following means: 1. Personal service of the notice on the owner. 2. Leaving a copy of the notice with a person of suitable discretion at the owner's residence or place of business. 3. Affixing the notice in a conspicuous place where the animal was found. 4. Mailing a copy of the notice to the owner's last-known address by registered or certified email, return receipt requested. B. The notice required by this section shall contain, at a minimum, the following information: 1. The town's intent to file, within ten days of the owner's receipt of the written notice, a written request with the town magistrate for a hearing to determine if the animal should be returned to the owner or forfeited to the town enforcement agent. 2. The owner's right to present witnesses and be represented by an attorney at the hearing. 00052135,DOCXII MARANA To WN CODE 14 4/26/2017 EXHIBIT A TO AIM RA NA RESOL UTION NO. 2017-039 Comprehensive rewrite of Marana Town Code, Title 6 "Animal Control"pursuant to Marana Ordinance No. 2017.011 3. The bond amount required pursuant to section 6-8-5, along with a statement that if the bond is not posted within ten days of the owner's receipt of the written notice, the animal shall be deemed forfeited to the town enforcement agent. 6-8-5 Band Whenever the town removes or impounds any animal pursuant to section 6-8-3 pending a hearing to determine if the animal should be returned to the owner or forfeited to the town enforcement agent,the owner must post 20 days of impoundment fees in advance as a bond to defray some of the costs of boarding and impoundment, and any necessary veterinary care for the animal. 6-8-6 Hearing;rules of hearing;remedies;testimony of defendant;appeal;costs A. Upon receipt of a written request for a hearing regarding an animal impounded pursuant to section 6-8--3, the court shall set a hearing within 15 business days. B. The hearing shall be held in an informal manner and is open to the public. oral and documentary evidence may be taken from any interested party or witness and considered in making a determination. The rules of evidence do not apply, and hearsay is admissible. C. Any owner who fails to appear after notice may be deemed to have waived any right to introduce evidence. D. The town enforcement agent may be represented by the town attorney or designee. E. The owner may be represented by counsel at the animal owner's cost. F. Use of the civil procedures and remedies provided for in this chapter shall neither require nor preclude other enforcement action on the same facts,including a criminal prosecution of the owner.The civil procedures and remedies provided for in this chapter are remedial and not punitive, and are not precluded by an acquittal or conviction in a criminal proceeding. G. This chapter shall not be construed as precluding the destruction of any animal if destruction is otherwise authorized by law, nor shall anything in this chapter be construed as precluding the spaying or neutering of any animal. If any provision of this chapter is in conflict with any other provisions of this code, the provisions of this chapter shall be controlling. H. If a defendant testifies at a hearing held pursuant to this section, the defendant does not, by so testifying, waive the right to remain silent during the trial; and if the defendant does testify at the hearing, neither this fact nor the defendant's testimony at the hearing shall be mentioned at the trial unless the defendant testifies at the trial concerning the same matters. I. Appeal of the decision of the town magistrate shall be by way of special action to the superior court on the record of the hearing. The appealing party shall bear the cost of preparing the record of the hearing on appeal. No appeal shall be taken later than 30 days after the town magistrate's decision. The owner must post a bond equivalent to 60 days of impoundment costs in order to perfect the appeal. Notice of the amount due shall be given to the owner by the town magistrate at the time of the hearing if forfeiture is ordered. 00052135.DocxII MARANA TOWN CODE 15 4126/2017 EXHIBIT A TO.I41ANA RESOLUTION NO. 2017-039 Comprehensive rewrite of Marana Town Code, Title d "Animal Control."pursuant to Harana Ordinance No. 2017.011 J. Unless good cause is shown, the animal's owner shall be responsible for all fees associated with the impoundment of an animal pursuant to section 6--8-3, including without limitation veterinary, removal, impoundment, boarding, microchipping, and disposition fees, until a final decision by the town magistrate, including the pendency of an appeal. No magistrate may waive or reduce any veterinary, impound or board fees resulting from the animal's impoundment unless the owner prevails at the hearing. 6-8-7 Findings of court after hearing A. If the town magistrate finds from a preponderance of the evidence that the animal was subject to cruelty or neglect under the circumstances set forth in section 6-8-3(A) or (B), the town magistrate shall order the animal forfeited to the town enforcement agent. B. if the town magistrate finds from clear and convincing evidence that the animal is vicious or destructive, or is a danger to the safety of any person or other animal, then the town magistrate shall enter such orders as the magistrate deems necessary to protect the public, taking into account the recomunendations of the town enforcement agent and the animal's owner. C. In addition to any other penalty or order, if the town magistrate finds 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. 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 in 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 confinement 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. 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 in three-inch letters, easily readable by the public, using the words"Vicious Animal." 0005213.DOCXII MARANA TOWN CODE 16 4/26/2017 EXHIBIT A TO,I4 Rr4 NA RESOL UTION NO. 2 017--03 9 Comprehensive rewrite of Marana Town Code, Title 6 "Animal Control"pursuant to Marana Ordinance No. 2017.011 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 defanged 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. D. 7f the owner falls to appear at the hearing, the town magistrate shall order the animal forfeited to the town enforcement agent. 6-8-8 Vicious or destructive animals;consent to inspection;inspection;order of compliance;seizure A. By continuing to own an animal declared vicious or destructive, an owner gives consent to any town enforcement agent to inspect the animal declared vicious or destructive and the premises where the animal is kept. B. Upon inspection, the town enforcement agent may seize and impound the animal if the owner has failed to comply with the town magistrate's order on disposition of the animal. C. if the owner of the animal has not demonstrated compliance with the town magistrate's order within five days after the seizure of the animal, the town enforcement agent may humanely destroy the animal. D. If the owner of the animal demonstrates proof of compliance with the town magistrate's order,then the animal will be returned to the owner after payment of impound fees and any other applicable fees. E. Any action taken under this section shall be in addition to any available criminal penalties. 6-8-9 Vicious or destructive animals;required acts and unlawful activities;classification A. An owner or any other person having control of an animal declared vicious or destructive shall not fail to comply with an order of the town magistrate regarding the animal. B. An owner of an animal declared vicious or destructive shall not sell, give away, abandon or otherwise dispose of the animal without notifying the town enforcement agent in writing in advance. 00052135.D OCX fI MARA NA TOWN CODE 17 412612017 EXHIBIT A To AIM R,4NA RESOL UTION NO 2017--039 Comprehensive rewrite of Marana Town Code, Title G "Animal Control"pur.mant to Marana Ordinance No. 2017.011 C. An owner of an animal declared vicious or destructive shall provide proof of liability insurance and a veterinarian's certificate of spaying or neutering to the town enforcement agent upon demand, when applicable. D. No person shall prevent or;attempt to prevent inspection of an animal declared vicious or destructive or the premises where the animal is kept. E. When the owner of an animal is notified that the town enforcement agent is evaluating an animal or wants to evaluate an animal to determine if the animal is vicious or destructive, the owner of the animal shall present the animal for inspection within 24 hours of a request by the town enforcement agent. The owner shall not sell, give away, hide or otherwise prevent the town enforcement agent from making an evaluation of the animal. F. Violation of this section is a class 1 misdemeanor. 6-8-r10 Duty to produce;exemption;classification A. An owner of an animal charged with a violation of chapter 6-6 or chapter 6-7, or of an animal quarantined pursuant to section 6-7-4, shall produce that animal for inspection or impoundment upon the request of any town enforcement agent. B. This section shall not apply where the violation in question occurred when the animal bit a member of the owner's household. C. Violation of this section is a class 1 misdemeanor. 6-8-11 Authority to microchip The town enforcement agent is authorized and empowered to place or cause to be placed an identity-tracing microchip in any animal impounded under this title. 6.8-12 Payment of costs and fees associated with impoundment Except as otherwise provided in this title, all fees associated with the impoundment of an animal for any reason under the authority of this title, including without limitation veterinary, removal, impoundment, boarding, microchipping, and disposition fees, shall be paid by the animal's owner. 6-8-13 Disposition of animals A. Any animal forfeited, abandoned, ownerless or unclaimed, and any other animals to be permanently disposed of by the town enforcement agent pursuant to this title shall be disposed of by one of the following methods. 1. Placed by adoption in a suitable home. 2. Transferred to a legally incorporated humane society or other nonprofit corporate animal-welfare organization devoted to the welfare, protection and humane treatment of animals. Transferred animals shall be disposed of by one of the following methods. a. Placed by adoption in a suitable home after first being sterilized. 0005 2135.1)OCXIII MARA NA TOWN CODE .:z S 412612017 EXHIBIT A TO AIM R,4NA RE,50L UTION NO. 2017-039 Comprehensive rewrite of Marana Town Code, Title G "Animal Control"pursuant to Martina Ordinance No. 2017.011 b. Released as part of a community cat program. c. Humanely destroyed. 3. Humanely destroyed. B. As a condition of any transfer of animals pursuant to this section, the town enforcement agent shall verify that any organization that receives animals is organized for the pursuit of animal welfare activities, is actively engaged in those activities, does not breed nor release unsterilized animals, releases animals only through community cat programs or through adoption or fostering into suitable homes after first being sterilized, and complies with the sterilization and placement provisions of this title, and all applicable laws. Verification shall include announced and unannounced inspections of the organization's facilities and records. The town enforcement agent may repossess any animals and their offspring from any organization that is not in compliance with these conditions, and shall repossess these animals if the organization is not in compliance with the mandates set forth in subparagraph (A.)(2) of this section, or if the organization or its personnel violate a cruelty law.Any organization wishing to receive animals must agree in writing to the terms of this section. CHAPTER 6-9. EXCESSIVE NOISE CAUSED BY ANIMALS OR BIRDS 6-9-1 Excessive noise prohibited;classification A. It is unlawful to own,possess,harbor or control any animal or bird which frequently or for continuous duration howls, barks, meows, squawks or makes other sounds, without provocation, if the sounds are clearly audible beyond the property line of the property on which they are conducted and they disturb the public peace, quiet or comfort of the neighboring inhabitants. B. If the owner of the animal or bird which has engaged in an activity prohibited by this chapter cannot be determined, the owner, lessee or occupant of the property on which the activity is located shall be deemed responsible for the violation. 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. 6-9-2 Exemptions Persons wishing to continue activities which constitute a violation of this chapter but were commenced prior to January 4, 1994, may seek an exemption from the town magistrate. The exemption may be granted if the magistrate finds that strict application of this chapter would cause undue hardship and that there is no reasonable or productive alternative method of engaging in the activity. 00052 135.D OCX/I ,MA RANA TOWN CODE 19 412612017