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HomeMy WebLinkAbout04/10/2007 Blue Sheet Animal Control Ordinance Revisions TOWN COUNCIL MEETING INFORMATION MEETING DATE: TOWN OF MARANA April 10, 2007 AGENDA ITEM: D.l. TO: MAYOR AND COUNCIL FROM: Jane Fairall, Deputy Town Attorney SUBJECT: Discussion and direction regarding proposed amend- ments to Title 6 (Animal Control), adopting new licensing fees, de- linquency penalties, license transfer fees and duplicate tag fees and new language regarding restitution to victims of vicious or de- structive animals. DISCUSSION The Town of Marana has an intergovernmental agreement (IGA) with Pima County for the pro- vision of animal control services within the Town limits and the enforcement of the Marana Town Code Animal Control provisions (Title 6). As a part of this IGA, Pima County Animal Control collects license fees for animals within the Town and applies those fees to the County's actual costs to provide animal control services for the Town. Recently, the Town Attorney re- ceived a letter from the Pima Animal Care Center (copy attached), requesting that the Town adopt new fees for dog licenses, delinquent penalties, duplicate tags and license transfers. The Pima County Board of Supervisors adopted these new fees for animals within the County effec- tive April I, 2007. In addition, last year the Council adopted significant amendments to the Animal Control ordi- nance to make the Town's provisions consistent with State law and to close enforcement loop- holes. However, the sentencing provisions for Vicious or Destructive Animals require further amendment in order to comply with State law regarding restitution. Staff requests feedback and direction from Council concerning the proposed Animal Control provIsIons. ATTACHMENTS Draft ordinance amending Marana Town Code Title 6 (Animal Control). REQUESTED ACTION Feedback and direction from Council at its discretion. SUGGESTED MOTION I move that we direct staff to bring back to the Council for adoption the proposed amendments to the Town Code Animal Control provisions (Town Code Title 6). {00004293.DOC /} MARANA ORDINANCE NO. 2007.xx RELATING TO ANIMAL CONTROL; AMENDING TITLE 6 OF THE MARANA TOWN CODE TO ESTABLISH NEW DOG LICENSING FEES, DELINQUENCY PENALTIES, LICENSE TRANSFER FEES AND DUPLICATE TAG FEES; AMENDING SECTION 6-5-2; AND DESIGNATING AN EFFECTIVE DATE. WHEREAS the Town Council is authorized by A.R.S. S 9-240 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. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 6-2-8 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlininQ:): Section 6-2-8 License fees; rebate; exemptions; delinquency penalties A. No dog license shall be issued by the town enforcement agent until the dog owner has paid a license fee, as follows: Type Standard Fee SeniorlDisabled Fee Unaltered dog $4G$45 $Hill Altered dog $-Will $6$1 Dog declared $-1G$75 $-1G$75 vicious, destructive and/or dangerous B. Any person who presents to the town enforcement agent an affidavit or veterinarian's certificate stating either 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 enforcement agent 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 enforcement agent 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. {00004251.00C I} - 1 - 3/20/20075:34 PM lF/FC E. Any person who has paid the license fee for an unaltered dog who, during the license year, presents to the town enforcement agent 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. Guide dogs for the blind, hearing ear dogs for the deaf and certified "handi- dogs" shall be licensed without payment of the license fee. G. Any person who fails to license a dog when the dog reaches three months of age or who fails to pay a license fee upon expiration of a license previously issued under this chapter, shall be charged a delinquent penalty. If the license application is made more than 30 davs after the due date. but within one year of the due date, a delinquent penalty of Uifi shall be added to the license fee. If the license application is made more than one year after the due date, but less than two vears after the due date a delinquent penalty of $4-Olli shall be added to the license fee. If the license aoolication is made two or more vears after the due date. a delinauent oenaltv of $28 shall be added to the license fee. for each cubsequent year, up to a maximum of $25. SECTION 2. Section 6-2-9 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlinilll!): Section 6-2-9 Transfer of license; fee; classification; sanction A. Whenever the ownership of a dog changes, the new owner shall secure a transfer of the dog's license. 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 of Uifi shall be charged to transfer any license. D. Failure to comply with this section is a civil infraction. E. Any person found responsible for violating this section shall be sanctioned by a fine of not more than $300. F. Any individual having received a notice of violation and failing to appear at the hearing time designated in the notice of violation, or time designated for hearing by the court, shall be deemed to have admitted the allegations of the complaint, and the court shall enter judgment for the town and impose a civil sanction in accordance with the provisions of this section. G. If any penalty ordered to be paid by the court or forfeited pursuant to default is not paid within 30 days of the magistrate's order, the town attorney may institute appropriate civil proceedings seeking legal and/or equitable relief to enforce the order, and the magistrate may institute judicial proceedings as provided by law to collect the penalty. All penalties collected pursuant to this section shall be paid to and become the property of the town. SECTION 3. Section 6-2-12 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlininf!): {0000425 1. DOC I} - 2 - 3/20/2007 5:34 PM JF/FC Section 6-2-12 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 $6.$.6 to the town enforcement agent. SECTION 4. Section 6-5-2 of the Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlinim!): Section 6-5-2 Violations; penalty A. The owner of any animal that bites, attempts to bite, endangers or otherwise injures or causes injury to human beings or other animals, or destroys, damages or causes damage to the property of another person is guilty of a class 1 misdemeanor. B. An owner of an animal charged with a violation of this chapter shall produce that animal for inspection or impoundment upon the request of the town animal enforcement agent. All owners shall be responsible for any and all applicable impoundment and boarding fees in connection therewith. C. It is unlawful for any person to fail to comply with an order of the magistrate regarding a vicious or destructive animal. It is a separate offense for each day that the person fails to comply with the magistrate's order. D. A violation of any provision of this chapter is punishable by a fine of up to $2,500, six months in jail, three years probation or any combination of these sanctions. The m::lgistrate m::lY not gr::mt probation in lieu of, or otherwise suspend, the imposition of the minimum fine prescribed. In addition. if the victim suffers economic loss as a result of a violation of this section. the maaistrate shall order the owner to Dav restitution to the victim. in the full amount of the victim's economic loss. as determined bv the maaistrate. This remedv shall not abridae anv civil cause of action bv the victim. E. In addition to the above sanctions, upon the declaration of an animal as vicious or destructive, the magistrate shall order the owner to do one or more of the following: 1. The animal shall be kept in an enclosure that is high enough so that the animal cannot bite, harm or injure anyone outside the enclosure. The enclosure and property whereon it is located shall be posted with conspicuous warning signs, and at no time shall the animal leave the enclosure unless it is muzzled, leashed and under the control of an adult human being; or 2. The animal be banished from the town limits; or 3. The animal be spayed or neutered at the owner's expense; or 4. The animal be humanely destroyed; or 5. Restitution up to $1,000 m::lY be ordered m::lde by the owner to the victim. This remedy sh::lll not ::lbridge ::lny civil couse of action by the victim. F. It shall be an affirmative defense to the provisions of this chapter if the animal is: 1. Not at-large and there is provocation; or {00004251.DOC I} - 3 - 3/20/20075:34 PM JF/FC 2. The dog is a police dog under the command of its trainer. G. In any proceeding brought to enforce a violation of this chapter, the following procedure shall be used. 1. A peace officer or town animal enforcement agent, upon determining that any animal within the town limits is vicious and is an immediate danger to the safety of any person or other animal, may impound the animal immediately. 2. Within ten days of the date of impoundment, the town magistrate shall conduct a hearing provided under this chapter. 3. The owner of the animal shall be notified of this hearing by the court. Upon proof of notification, the hearing may proceed in the owner's absence. SECTION 5. This Ordinance shall become effective on the _ day of ,2007. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this _ day of ,2007. Mayor Ed Honea ATTEST: APPROVED AS TO FORM: Jocelyn C. Bronson, Town Clerk Frank Cassidy, Town Attorney {00004251.00C I} - 4 - 3/20/2007 5:34 PM JF/FC PIMA COUNTY HEALTH DEPARTMENT PIMA ANIMAL CARE CENTER 4000 N. SIL VERBELL RD . TUCSON, AZ 85745 (520) 743-7550 FAX (520) 743-9581 www.oimaanimalcare.ore: March 7, 2007 Frank Cassidy Town of Marana Town Hall 13251 N Lon Adams Road Marana, AZ 85653 Dear Sir: The Pima County Board of Supervisor recently passed an ordinance change increasing licensing, shelter and board fees for Pima Animal Care Center Operations. The attached spread sheet outlines those changes. The new fees will be effective, April 1, 2007. As the To~ of Marana governs the licensing fees for it's residents, we ask that your municipality favorably consider adopting similar licensing fee structures as suggested below: A. The licensing fee for dogs over three months of age which are kept within the boundaries of the municipality for at least thirty consecutive days of each calendar year shall be as follows: 1. Regular, unaltered dogJorty-five dollars. . 2. Regular, altered dog, eleven dollars. , 3. Dogs declared dangerous or vicious, seventy-flVe dollars. 4. Senior/disabled citizen owner, unaltered dog (limit four dogs per household), thirteen dollars. 5. Senior/disabled citizen owner, altered dog (limit four dogs per household), seven dollars. '6. Dogs ten years of age or older, eleven dollars ,7. A dog owner with a household income below the federal poverty level is eligible for a one time twenty-two dollar unaltered dog licensingfee per dog. '8. A dog owner with a household income below the federal poverty level is eligible for a six dollar dog licensing fee per altered dog. 9. A guide dog belonging to a blind person who is a resident within Pima County, or a dog certified, in writing, as being trained to the standards of a service animal by a nationally recognized service dog training agency belonging to a resident within Pima County shall be licensed pursuant to this article without payment of afee. B. A six-dollar late penalty will be charged on payments made after thirty days from the expiration date of the license. If the license is obtained one year but no more than two years from the date on which the dog is required to be licensed, an additional penalty fee of seventeen dollars. If the license is obtained two or more years from the date on which the dog is required to be licensed, and additional penalty fee of twenty-eight dollars shall be paid C. Duplicate licenses will be furnished upon request by the owners for a fee of six dollars. D. Licenses may be transferred from one owner to another upon change of ownership of a dog for a fee of six dollars. Thank you for your time on this issue. Should you have any questions, or require additional information, please contact me directly at 743-7279. Sincerely, 1fk~ Kim Janes Manager Pima Animal Care Center RECEIVED MAR 1 3 2001 lit TOWN ATTORNEY ____...~,_....'''__''"....;O''''"'','''-_,~...~..,.~'<,...,.. , PIMA ANIMAL CARE CENTER APPROVED FEE CHANGES EFFECTIVE 4/1/07 Fee/Service: Adoption Cat Adoption -adult -kitten -less ado table Dog Ado tion - adult Exotic birds Little critters Senior citizen discount Exchan es Licensing Services Licensin Schedule Late Fee Schedule Late Fee if Obtained Less Than One Year Later Late Fee if Obtained One-Two Years Later Late Fee if Obtained More Than Two Years Later Shelter Services 1m Board Licensed Altered Board Licensed Unaltered Do Board Unlicensed Altered Do Board Unlicensed Unaltered 0 Board all other Animals Vaccination Microchi ,."""""=____~.......~__"".,"_o 80.00 95.00 "'1, 40.00 80.00 95.00 40.00 50.00 5.00 6.00 17.00 28.00 L___ $ $ $ $ 11.00 31.00 35.00 55.00 11.00 11.00 10.00 10.00