HomeMy WebLinkAboutCouncil Presentation 04/06/2021-Revisions to Title 6 Animal ControlRevisions to Title 6 Animal Control
Libby Shelton, Deputy Town Attorney
4/6/21
Overview
•Added and clarified definitions
•Added time period for animal waste cleanup and storage
•Neglect includes dangerous tie outs
•Consolidated information related to animal bites/injuries in
Chapter 6-8
•New civil approach to responses to animal bites
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Current Town Code
•Unprovoked animal bites/injuries are cited as Class 1
misdemeanors
•Declaring a dog vicious or destructive can only be done
through criminal process or civil impoundment process
•Regulations to protect the public are limited to when dog
is vicious as defined to have a “propensity to attack,
cause injury to or otherwise endanger the safety of human
beings or domestic animals” or destructive animals
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Proposed Changes to Town Code
•Addition of “aggressive animal” definition for animals that do not
have a “propensity” to bite/injure, but have been involved in an
unprovoked incident involving a bite or injury to a person or
domestic animal
•“any animal that has bitten or otherwise injured a person or
domestic animal without provocation or that has a known history
of attacking persons or domestic animals without provocation
and is not a vicious animal, or that has been so declared after an
opportunity for a hearing before the town magistrate, or that has
been so declared by another jurisdiction after the owner has
been provided notice and an opportunity to be heard.”4
Proposed Changes to Town Code
•Animal bites addressed differently in Revised MTC 6-7-6:
•Owner of animal that bites or injures a person or animal or destroys
property only criminally cited with a Class 1 misdemeanor when:
•1) Based on previous incident(s), animal is vicious, aggressive or
destructive; OR
•2) animal is at large and unvaccinated at time of incident; OR
•3) Bite causes serious physical injury as defined in ARS 13-105(39)
•physical injury that creates a reasonable risk of death, or that
causes serious and permanent disfigurement, serious
impairment of health or loss or protracted impairment of the
function of any bodily organ or limb.
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Proposed Changes to Town Code
•Civil process option to declare animal vicious, aggressive, or
destructive independent of impoundment process
•Marana Animal Services will do an investigation of incident and
evaluation of animal and determine if it should be declared vicious,
aggressive, or destructive
•Owner of animal can agree that animal is vicious, aggressive or
destructive and to follow required conditions to protect public OR
owner has option to have a hearing before Town magistrate
regarding declaration of animal
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Conditions to Protect Public
•Upon finding that animal is vicious, aggressive or destructive, the
owner can be ordered to take measures to protect public as
outlined in MTC 6-7-5(C), including, but not limited to:
•Constructing a secure enclosure
•Muzzling and restraining an animal when outside enclosure
•Warning signs
•Obtaining liability insurance for injury/damage caused by animal
•Spay/neuter animal
•Microchip animal
•Keeping vicious, aggressive, or destructive animal and not following
these orders is a criminal offense 7
Proposed Changes to Town Code
•Added a criminal offense to leash law violation if animal is at large
and previously declared to be vicious, aggressive, or destructive
•Added a criminal offense for failure to report an animal within Town
limits found by another jurisdiction to be vicious, aggressive,
dangerous or destructive
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Biting Incident
At Large and
Unvaccinated,
Serious Physical
Injury, or Animal
vicious, aggressive
or destructive
Quarantine
MTC 6-7-10
(may be at
home if
vaccinated)
Criminal
Citation
MTC 6-7-6
Vaccinated Animal,
no Serious Physical
Injury, not vicious,
aggressive, or
destructive
Quarantine
MTC 6-7-10
(may be at
home)
MAS Evaluation/Investigation
Declare dog
Vicious
Impound
Declare dog
Aggressive or
Destructive
Impound
optional
Notice to owner re:
Declaration MTC 6-7-4
and Impoundment, if
applicable MTC 6-8-5
Within 10 days of notice,
file with court Request
for Hearing
Option for
Stipulation
MTC 6-7-4(C)
Hearing set within 15
business days upon
receipt of Request for
Hearing MTC 6-7-5
After hearing, if Court
finds vicious, aggressive
or destructive, conditions
are imposed as set forth
in MTC 6-7-5(C)
After hearing, Court does
not find vicious,
aggressive, or destructive
-nothing further
Dog not vicious,
aggressive or
destructive -
nothing further
Questions?
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4/6/2021