HomeMy WebLinkAboutResolution 2018-012 Amendments to Marana Code Title 6 MARANA RESOLUTION NO, 2018-012
RELATING 'TO ANIMAL CONTROL; DECLARING AS A PUBLIC RECORD FILED
WI"J-'H.- "I"'HE TOWN CLERK THE AMENDMENTS TO MARANA TOWN CODE TITLE
6 (ANIMAL CONTROL); REVISING SECTION 6-14 (DEFINITIONS) TO CLARIFY
DEFINITIONS RELATED TO DESTRUCTIVE ANIMALS AND VICIOUS ANIMALS;
REVISING SECTION 6-2-2 (APPOINTMENT OF ANIMAL CONTROL OFFICERS;
AUTHORITY) TO CLARIFY ANIMAL CONTROL OFFICER AUTHORITY TO STOP
AND DETAIN; REVISING SECTION 6-2-6 (ENFORCEMENT; CONTINUING
VIOLATION) TO ADD PROVISION ALLOWING COURT TO ORDER ABATEMENT
OF VIOLATIONS; REVISING SECTION 6-3-4 (LICENSE REQUIRED;
CLASSIFICATION) TO ADD VIOLATION FOR FAILURE TO LICENSE DOG AFTER
NOTICE; REVISING SECTION 6-3-9 (TRANSFER OF LICENSE; FEE;
CLASSIFICATION) TO ELIMINATE REFERENCE TO 'TRANSFER FEES AND
REQUIREMENT THAT RELEASING OWNER PROVIDE REPORT; RENAMING
CHAPTER 6-5 (DOG WASTE REMOVAL) AS "ANIMAL WASTE REMOVAL"";
REVISING SECTION 6-5-1 (DOG WASTE REMOVAL; EXCEPTIONS;
CLASSIFICATION) TO RENAME IT AS "A.NIMAL WASTE REMOVAL,
EXCEP'TIONS; CLASSIFICATION" AND TO CHANGE ALL REFERENCES FROM
"DOG" T'O ""DOMESTIC ANIMAL//; REVISING SECTION 6-7-2 (PROHIBITED ACTS;
CLASSIFICATION; DEFENSES) TO ADD PROVISION ALLOWING MAGISTRATE TO
FIND AN ANIMAL VICIOUS OR DESTRUCTIVE UPON CONVICTION OF
VIOLATION; REVISING SECTION 6-7-4 (QUARANTINE OF BITING ANIMALS;
REPORTING; HANDLING AND DESTRUCTION; EXCEPTION; CLASSIFICATION)
1_70 ALLOW CATS TO BE QUARANTINED AT HOME IN CERTAIN
CIRCUMSTANCES; ADDING NEW SECTIONS 6-7-5 (EVALUATION OF ANIMALS)
AND 6-7-6 (DUTY TO REPORT ANIMAL'S STATUS; EFFECT) REGARDING VICIOUS
AND DESTRUCTIVE ANIMALS; REVISING SECTION 6-8-3 (IMPOUNDMENT' OF
ANIMALS SUBJECT TO CRUELTY AND NEGLECT AND VICIOUS OR
DESTRUCTIVE ANIMALS) TO ADD PROVISION ALLOWING EVALUATION OF
IMPOUNDED ANIMALS; MODIFYING VARIOUS OTHER PROVISIONS, AND
DESIGNATING AN EFFECTIVE DATE
BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE TOWN OF
MARANA, ARIZONA, that the amendments to 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
00055762.DO CX/I
Manana Resolution No.2018-012
Town Clerk, are 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 6tll day of February, 2018.
May-or EXhonea
ATTEST: APPROVED AS TO FORM:
Jr
o lyn C. onson, Town Clerk Frank Cas&idy, Town ttorney
PI( to
MAR ANA AZ
F S T A B I I S 14 F 7
00055762.DOC -1
Marana Resolution No.2018-012 - 2 -
SECTION 1. Section 6-1-1 of the Marana Town Code is hereby revised as
follows (with additions shown with double underlining):
6-1--1 Def in.itions
The following definitions shall apply throughout this title unless the context
clearly indicates otherwise.
[Paragraphs A through.F remain unchanged]
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,or_�that has been so.declared after a hearin before the town
mairistrate. or that has been so declared b another jurisdiction. after the
owner has been rovided notice and an opportunity to be heard.
.................
[Paragraphs H through V remain unchanged]
W.""Vicious animal" means any animal that has a propensity to attach, to cause
irOry 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,_ or that has been so declared��..r another
jurisdiction after the_owner has been provided notice and an�.�portai m r to
....... ---
be heard.
SECTION 2. Section 6-2-2 of the Marana Town Code is hereby revised as
follows (with additions shown with double underlin'l....... r):
6-2-2 Appointment of animal control officers;authority
[Paragraphs A and B remain unchanged]
C. An annul control officer maV stop and detain a__crson as is-reasonablr
necessary to investigate an actual or sus_ected violation of this title or any
state statute relating to rabies or animal control that occurs within the
jurisdiction of the town and to serve a copof a written notice to a_ ear and
comaint.
SECTION 3. Section 6-2-4 of the Marana Town Code is hereby revised as
follows with deletions shown with � ,.flce,uts and additions shown with double
underl in nY):
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
00055639,DOC:11 1
ticket and complaint as provided in A.I .S. §73-3903 or other a roved.written
notice to appear and com-olaint, except that an animal control officer shall not
make an arrest before issuing the complaint.
[Paragraphs B through D remain unchanged]
SECTION 4. Section 6-2.6 of the Marana Town Code is hereby revised as
follows [with additions shown with double underlin' }:
6-2-6 Enforcement,,continuing violations
[Paragraphs A and B remain unchanged]
C. In addition tQ ani other sanction orenal on f indinQ that a violation of
this title exists the court may order a person to erf orm whatever action is
reasonably necessary to correct and abate the violation.
[Existing paragraph C is renumbered as paragraph D to conform, but otherwise
remains unchanged.]
SECTION 5. Section 6-3-4 of the Marana Town Code is hereby revised as
Follows (with additions shown with double underlinin )
6--3-4 License required.; classification
[paragraph A remains unchanged.]
B. It shall be unlawful to knowin. l fail. to obtain a license for a d.og rN red to
be licensed. within 1.5 days fter receivin written notification from the town
enforcement-agent of the re uirement.
[Existing paragraph B is renumbered as paragraph. C to conform, but otherwise
remains unchanged.]
SECTION 6. Section 6-3-5 of the Marana Town Code is hereby revised as
f6llows (with deletions shown with and additions shown with double
under14"?���):
6-3-5 vaccination certificate prerequisite to license
No license shall be issued for any clog until the owner has presented a
vaccination certificate from a licensed veterinarian containing the
information required by this chapter.
00055639DOC/i2
SUCTION 7. Section 6-3-9 of the Marana Town Code is hereby revised as
iatr-1
tallows (with deletions shown with. qoand additions shown with double
underlining)
6-3-9 Transfer of license, classification
A. Whenever the ownership of a dog changes, the new owner shall secure a
transfer of the dog's license within ten days of transfer.
B. ourner QLAII nrovicle f1he new "VT A T*-%1-114 1 Q MA=o AA,-Ar0QQ A*:3gA pb(3ne
i "%,L%,C JL A-L.Y
f-130 fAi:2iCx`- num Low to fLe town enforeemen
LT.UU%L14-
%A
FA-L bal�-a nL flP-L:,LA'-:LnL t%een dL%a7-
,0Q of transfef-.
C' tLIT Er"AtlLsfer fele- in. an amount Y- L-1 I
toEOUREil affl.L.A.. afneni.Aed. fiFE).m.... t4me to 'O&M&Le ,--sem- ----%11L -LLL-P.L%-,JL -AJLLJ
P7-Failure to comply with this section is a civil infraction.
SECTION S. Section 6-3-13 of the Marana Town Code is hereby revised as
follows (with additions shown with double underlining}:
6-3-13 Counterf e iting or transf erring of tags prohibited;classification
A. It shall be unlawful to counterfeit or attempt to counterfeit an official dog
license tag,, to remove an official do license to from ani doQ for the urpose
of intentional or malicious mischief, or to remove a dog"s license tag and place
it on another dog.
[Paragraph B remains unchanged]
S --I
I-XTION 9. Chapter 6-5 entitled "Dog Waste Removal" is hereby renamed
"Animal Waste Removal."
SECTION 10. Section 6-5-1 of the Marana Town Code is hereby revised as
follows (with deletions shown with Stlfi]KIL e.Offits and additions shown with double
underb",n ):
6-5-1 D-o-g Animal waste removal, exceptionsl classification
A. It shall be unlawful for the owner or person having custody of any
domestics animal to fail immediately to remove and dispose of in a sanitary
manner any solid waste deposited by the domestic�animal 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 domestic animals are kept to deposit, cause to be
00055639.DOC/1 3
deposited, or allow to accumulate, within or about the premises, any solid
wastes from domestic'animals 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 domestic animal.
[Paragraphs C and D remain unchanged]
SECTION 11. Section 6-7-1 of the Marana Town Code is hereby revised as
follows (with additions shown with double underlinin ):
6-7-1 Keeping vicious or destructive animals prohibited; exceptions;
classifications
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 or an order issued b- another risdiction.
C. Violation of this section is a class 1 misdemeanor.
SECTION 12. Section 6-7-2 of the Marana. Town Code is hereby revised as
-follows (with additions shown with double underli ' ):
6-7-2 Prohibited acts; classification; defenses;..findings and orders
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.
D. Uon conviction of violation of this section, in addition to any other penaltv
or orad r- 1 osed by the ma istrate, the magistrate may find that the animal is
#RP 2............
vicious or destructive. or is a danLyer to the saf-Qty of aay--,- -erson or other
animal,and ma enter such orders as the _magistrate deems necessary to
rotect ublic as set forth in section 6-8-7,
00055639.DOC 11 4
SECTION 13. Section 6-7-4 of the Marana Town Code is hereby revised as
follows (with additions shown with double underlin' }:
6-7-4 Quarantine of biting aniinals,,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.....except that an unvaccinated cat that bites a
member of the cat owner's household may be ouarantined at the home of the
owner,- or where the cat is harbored or maintained,...with the consent of and fil
a mannerprescribt��b ..the town enforcement a ent.
[Paragraphs B through K remain unchanged]
SECTION 14. New section 6-7-5 entitled "Evaluation of animals", is hereby
added to the Marana Town Code as follows-,
6-7-5 Evaluation of animals
A. Whenever the town enforcement agent has reason to believe an animal is
vicious or destructive, or may be a danger to the safety of any person or other
animal, the town enforcement agent may conduct an evaluation of the animal,
whether the animal is impounded or not.
B. The town enforcement agent shall develop guidelines to determine if an
animal is vicious or destructive.
C. If the town enforcement agent finds that an animal is vicious or destructive
after evaluation, the provisions of chapter 6-8 regarding impoundment and
disposition of vicious or destructive animals shall apply.
SECTION 15. New section. 6-7-6 entitled "Duty to report" is hereby added to the
Marana Town Code as follows:
6-7-6 Duty to report animal"s status; effect
A. Any person keeping, controlling, harboring, or otherwise having under
control any animal that has been found to be vicious, destructive or
dangerous by another jurisdiction, shall report the animal's status to the town
enforcement agent within ten days of the animal's relocation to the town.
B. The animal shall be subject to all provisions set forth in chapters 6-7 and 6-8
governi-rig vicious or destructive animals as though the animal had been
declared vicious or destructive by the town.
00055639.DOC/1 5
SECTION l 6. Section 6-8-3 of the Marana Town Code is hereby revised as
loll ows (with additions shown with double underlinin }
6--8-3 Impoundment of animals subject to cruelty or neglect and vicious or
destructive animals- evaluation
O
.any town enforcement agent is authorized and empowered to remove and
impound any animal in Main 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.
D. whenever .the town enforcement agent removes and impounds an animal:
based on Probable cause that the animal is vicious or destructive or may be a
dan er to the safe of an erson or other animal the town enforcement
agent shall conduct an evaluation of the animal to determine if it is vicious or
destructive.
1. if the town enforcement agent finds that the animal is not vicious or
destructive, the town enforcement a ent shall release the animal to is
owner. A f indi tat an animal is not vicious or destructive does not
preclude other enforcement action on�the same facts, including a criminal
rosecution of the owner.
1 if the town enforcement a ent finds that the animal is vicious or
destructive,. .the_po,visions of this chapter rmardinQ impoundment and
s it on of vicious or destructive animals shall ap
ply.
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