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HomeMy WebLinkAboutCouncil Presentation 05/02/2017 - Title 6 Animal Control Revisions MA ANA Marana Town Code Title 6 Animal Control Revisions May 2 2017 �L 4� e.. r V 1 ni WI 1 S 1 IM i f t ty vt u ��A� n . � 1Y. jo Title 6 Animal Control Revisions MARANA • March 14, 2017 Study Session • Animal control enforcement in-house • Contract with outside organizations for sheltering and other necessary services • Staff advised Council that changes to the Marana Town Code, Title 6 Animal Control, would be necessary • Proposed ordinance = a comprehensive rewrite of Title 6 • Non-substantive changes • Better organization to the title • Improve upon vague or ambiguous language • Remove repetition • Update given the current state of the law and best practices Title 6 Animal Control Revisions MARANA Substantive Changes • Enforcement • Tie Outs • Hoarding • Community Cat Program • Vicious/Destructive/Dangerous Animals • Classification of some offenses (Dogs at large, dogs on school grounds, excessive animal noise) 3 Title 6 Animal Control Revisions MARANA Enforcement • Current Town Code: Pima Animal Care Center is the Town's animal enforcement agent • Proposed: New definition in Section 6-1-1 and new Chapter 6-2 • Town enforcement agent = person who is designated by the Town Manager to be responsible for the enforcement of Title 6 & any deputies designated by the town enforcement agent or Title 6 • Authorizes the appointment of animal control officers • Specifies the enforcement powers and authority of animal control officers, peace officers, and code enforcement officers • Describes the procedures for issuing a citation and commencing an action for violation of Title 6 • New Section 6-2-5 makes it a class 1 misdemeanor to interfere with any town enforcement agent performing official duties Title 6 Animal Control Revisions MARANA Tie Outs • Current Town Code: Allows tie outs that are at least 10 feet in length and deems them to be "adequate exercise space" for an animal • Proposed: Remove reference to tie outs as "adequate exercise space," but tie outs not banned • A tie out causing distress to an animal could be violation of cruelty or neglect provisions; citation and impoundment available options if necessary 5 Title 6 Animal Control Revisions MARANA Hoarding • Current Town Code: No specific provision addressing hoarding • Proposed: New Section 6-6-5 specifically prohibiting animal hoarding • Prohibits a person from possessing, keeping, harboring or maintaining 10 or more animals under circumstances injurious to the health or welfare of any animal or person, including: • Unsanitary, overcrowded or other inhumane conditions • Failure to provide appropriate medical care, water, or food • Abandonment • Court may order a person convicted of animal hoarding ordinance to undergo a mental health evaluation and appropriate treatment Title 6 Animal Control Revisions MARANA Community cat program • Current Town Code: No provisions for trap-neuter-release of feral cats • Proposed: • New definition of "community cat program" as 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." • New Section 6-8-2(D): impounded cat eligible fora "community cat program" may be sterilized and released prior to the expiration of the mandatory 72-hour hold period • Does not obligate the Town to establish a community cat program or to do trap- neuter-release for feral cats, but it allows it as a possibility under appropriate circumstances Title 6 Animal Control Revisions MARANA Vicious/Destructive/Dangerous animals • Current Town Code: Includes Chapter 6-5 (Vicious and Destructive Animals) and Chapter 6-6 (Dangerous Animals) • Proposed: Chapter 6-7 (Vicious and Destructive Animals) and Chapter 6-8 (Removal, Impoundment, Forfeiture and Disposition of Animals) address the relevant issues • Procedure: • Town may impound an animal if probable cause to believe it is vicious • Give notice to the owner • Collect a bond from the owner (equal to 20 days' impoundment fees) • Request a hearing before the magistrate to see if animal should be returned to owner, with or without conditions, or forfeited • Burden of proof is on the town to prove the dog is vicious s Title 6 Animal Control Revisions MARANA Classification of Offenses Doffs at large/doffs on school grounds • Current Town Code: Dogs at large and dogs on school grounds classified as class 2 criminal misdemeanors • Proposed: These offenses reclassified as civil infractions • Unless the animal's owner has previously been convicted of the same offense within the previous 12 months, then will be a class 2 misdemeanor Excessive animal noise • Current Town Code: Classified as civil infractions • Proposed: Remain civil infractions • Unless the animal's owner has previously been convicted of the same offense within the previous 12 months, then will be a class 2 misdemeanor 9 MA ANA Questions and D d" v 4 k1g s O, e I%iv A10 .a ' 1 'AIL te�Vi� s .. lad iu �A �� 10