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HomeMy WebLinkAboutOrdinance 2007.013 Amending title 6 of the town code relating to animal control F. ANN RODRIGUEZ, RECORDER RECORDED BY: CKB DEPUTY RECORDER 8046 PE4 DOCKE T : PAGE: NO. OF PAGES: SEQUENCE: SMARA TOWN OF MARANA ATTN: TOWN CLERK 11555 W CIVIC CENTER DR MARANA AZ 85653 ORDIN 13048 639 4 20070870289 05/04/2007 13:14 MAIL AMOUNT PAID $ 8.00 MARANA ORDINANCE NO. 2007.13 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 ofthe Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlinin{!): 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: T e Unaltered do Altered do Dog declared vicious, destructive and/or dan erous 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. Standard Fee $4G$45 $Mill $fGlli Seniorillisabled Fee mID $6ll $-Wlli 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. {OOOO425 I. DOC /2} - 1 - JHF4//7/07 '1 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 $aSfi 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 $-U)$17 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 eaoh subsequent year, up to a maximum of $25. SECTION 2. Section 6-2-9 ofthe Marana Town Code is hereby revised as follows (with deletions shown with strikeouts and additions shown with double underlinim!): 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 $aSfi 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 underlinine): {OOO04251.DOC /2} - 2 - 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 $aSfi 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 underlininl!): 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. S. 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. /\. 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 magistrate may not grant probation in lieu of, or othorwise suspend. the imposition of the minimum fine proscribed. In addition to anv other oenaltv. if the victim suffers economic loss as a result of a violation of this chaoteL the maaistrate shall order the owner to oav 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 anv other oenaltv, 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. Ib.a1 +lhe animal sAaU 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 whereoo 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. That +lhe animal be banished from the town limits; or 3. Ib.a1 +lhe animal be spayed or neutered at the owner's expense; or 4. Ib.a1 +lhe animal be humanely destroyed",-;-ef 5. Restitution up to $1,000 may be ordered made by the owner to the victim. This remedy shall not abridge any civil oause of action by the viotim. F. It shall be an affirmative defense to the provisions of this chapter if the animal is: {OOOO4251.DOC / 2} - 3 - 1. Not at-large and there is provocation; or 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 tRis chapter 6-6. 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 1st day of June, 2007. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 1 st day of May, 2007. ATTEST: ,[)f M.' .~., '" ."'i ,';:~,\~\~,,'\1ml1!,~ ~ ."" .", if. .~ "'t- .... $f2!CO~Tf\~~ :: =SEALS :: ,,!!f1i' ~, ,. \)>~<! ~ ~ <::' ~~ ~...~ 't. ~#13Sm\"'\: /\ ,,:"~ ~).,.,.. ",/' '};:~'l' ~ortb:~ {OOOO425LDOC /2} -4- T-ou-) Yi c? NAavave? ) \)j OFFICIAL RECORDS OF 18"_ `?,,75 PINAL COUNTY RECORDER _4 LAURA DEAN-LYTLE L DATE/TIME: 05/31/07 1423 FEE: $12.00 PAGES: 4 FEE NUMBER: 2007-064331 MARANA ORDINANCE NO. 2007.13 RELATING TO ANIMAL CONTROL; AMENDING TITLE 6 OF THE MARANA TOWN CODE TO ESTABLISH NEW DOG LICENSING FEES, DELINQUENCY PENALTIES, LICENSE TRANSFER FEES AND DUPLICATE TAG FEES; AMENDING SECTION 6-5-2; AND DESIGNATING AN EFFECTIVE DATE. WHEREAS the Town Council is authorized by A.R.S. § 9-240 to adopt animal control regulations; and WHEREAS the Town Council finds that the animal control regulations established by this ordinance are necessary for the public health, safety and general welfare of the Town of Marana. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: SECTION 1. Section 6-2-8 of the Marana Town Code is hereby revised as follows (with deletions shown with stfikeouts and additions shown with double underlin "n): Section 6-2-8 License fees; rebate; exemptions; delinquency penalties A. No dog license shall be issued by the town enforcement agent until the dog owner has paid a license fee, as follows: Type Standard Fee Senior/Disabled Fee Unaltered dog WS45 &4-2$_113 Altered dog &W$l 1 %S7 Dog declared vicious, destructive and/or dangerous M$15 $-70M 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. (0000425 1. DOC / 2) JHF 411710 7 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 days after the due date, bu within one year of the due date, a delinquent penalty of $5W 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 years after the due date a delinquent penalty of MM shall be added to the license fee. If the license application is made two or mom SECTION 2. Section 6-2-9 of the Marana Town Code is hereby revised as follows (with deletions shown with stfikeouts and additions shown with double underlin "n): 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 $5$-G 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 str-ikeetits and additions shown with double underlinigg): 10000425 L DOC / 2) -2- 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 $-M 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 str-ikeeuts and additions shown with double underlining): 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 i l ti f URishable b a fine o teF is f this Gha * ffi f . 2 v o a on 00 i aRy P o i th y P p GR o FGV S GGFnbinatiGR o Febatien OF aR eaFG il th f these $ , 5 , G x O Frien s Th y P R ja , Fee y OF et Febatien OR lieu of Fant t i t t he i sa su oth ORS. RGt speRd, t er pena e Fnag he iFFIP96i lty, if the , P g e Fnay RO G Fa tiGR of the FniRiFnUFn fiRe p In nelAtirm victim suffers ecommic.?s as a result of a viol - , atiQn-Q-f thi s chapt er, the ma gistrate shall 6rder the owner to pay restitution tQAb-e vic tim. in t he full am ount of the victim's economic loss, as-determined byAh-e ma gistrate , This re medy shall not abridge any civil cause of action the YLC ? E. In addition to the above E;aRGt*GRE; any other penalty, upon the declaration of an animal as vicious or destructive, the magistrate shall order the GWReF to one or more of the following: 1 . That Tthe 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 whereeR 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. That Tthe animal be banished from the town limits; or 3. That Tthe animal be spayed or neutered at the owner's expense; or 4. That Tthe animal be humanely destroyed:??,? 6. RestitutiGn up tG $1,000 may be ordeFed Fnade by the E)WReF te the ViGtim. This FeFnedy shall Rot abFidge any GiVil Gause Gf aGtiGn by the YiGtiM. F. It shall be an affirmative defense to the provisions of this chapter if the animal is: (000042 5 1. DOC / 2) -3 - 1. Not at-large and there is provocation; or 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 6-6. 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 I st day of June, 2007. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this I s'day of May, 2007. , ?. 1, * `7 "7 ??, X, oF 14 0 o ?V 1-14 p; -4 ATTEST: elyn C. fronson, Town Clerk Mayor Ed Honea APPROXED AS TO FORM: Cal Y, Town // fla / ?0000425 1. DOC / 2) -4-