The URL can be used to link to this page

Home My WebLink AboutOrdinance 2023.006 Amending Marana Town Code Title 6 (Animal Control) GABRIELLA CAZARES-KELLY, RECORDER ier'. -\`i II I I II I III II 1111 II II II I II I II Recorded By: EYC ✓_ DEPUTY RECORDER o t�/0 SEQUENCE: 20230730009 SMARA 5 013 PIMA COUNTY NO. PAGES. 6 TOWN OF MARANA l R+co ilei s Fr' Fit 03/14/2023 1 10:14:39 PICKUP ' MARANA ORDINANCE NO. 2023.006 RELATING TO ANIMAL CONTROL; AMENDING MARANA TOWN CODE TITLE 6 (ANIMAL CONTROL); REVISING SECTION 6-1-1 (DEFINITIONS) TO CLARIFY DEFINITIONS RELATED TO AGGRESSIVE ANIMALS, DESTRUCTIVE ANIMALS AND VICIOUS ANIMALS, INCLUDING NEW DEFINITIONS FOR AGGRESSIVE MANNER, DESTRUCTIVE MANNER, AND VICIOUS MANNER; REVISING SECTION 6-7-2(A) (EVALUATION OF ANIMALS) TO CLARIFY AN ANIMAL CONTROL OFFICER MAY CONDUCT AN EVALUATION AND / OR INVESTIGATION; REVISING SECTION 6-7-5(A) (HEARING REGARDING DECLARATION; FINDINGS AFTER COURT HEARING; RULES OF HEARING; COSTS) TO ADD PROVISION ALLOWING COURT TO CONDUCT A HEARING WITHIN 30 DAYS WHEN THE ANIMAL IS NOT IMPOUNDED; REVISING SECTION 6-7-6(A) (PROHIBITED ACTS; CLASSIFICATION; DEFENSES; FINDINGS AND ORDERS) CLARIFYING A VIOLATION OCCURS WHEN THE ANIMAL IS "DECLARED" A VICIOUS ANIMAL, AGGRESSIVE ANIMAL OR DESTRUCTIVE ANIMAL; AND DESIGNATING AN EFFECTIVE DATE. BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, as follows: Section 1. The amendments to the Marana Town Code Title 6 (Animal Control), one paper copy and one electronic copy of which are on file in the office of the Town Clerk of the Town of Marana, Arizona, which were made a public record by and attached as Exhibit A to Resolution No. 2023-019 of the Town of Marana, Arizona, are hereby referred to, adopted and made a part of this ordinance as if fully set out here. Section 2. The following penalty clauses are included in the amendments to Marana Town Code Title 6 (Animal Control): 6-7-6 Prohibited acts; classification; defenses;findings and orders A.The owner of any animal that is declared a vicious animal, aggressive animal, or destructive 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 is at large and unvaccinated 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. 00086517.DOCX/2 Ordinance No.2023.006 - 1 - C. The owner of any animal that is a vicious animal, aggressive animal, or destructive animal that destroys, damages, or causes damage to the property of another person is guilty of a class 1 misdemeanor. D.The owner of any animal that bites causing serious physical injury as defined in A.R.S. §13-105(39) to a human being is guilty of a class 1 misdemeanor. E. 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. F. Upon conviction of a violation of this section, in addition to any other penalty or order imposed by the magistrate, the magistrate may find that the animal is vicious, aggressive, or destructive, and may enter such orders as the magistrate deems necessary to protect the public, as set forth in section 6-7- 5(C). Section 3. The various town officers and employees are authorized and directed to perform all acts necessary or desirable to give effect to this ordinance. Section 4. All ordinances, resolutions, or motions and parts of ordinances, resolutions, or motions of the Council in conflict with the provisions of this ordinance are hereby repealed, effective as of the effective date of this ordinance. Section 5. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, the decision shall not affect the validity of the remaining portions of this ordinance. Section 6. This ordinance shall become effective on the thirty-first day after its adoption. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA, ARIZONA, this 7th day of March, 2023. (7, I747 Mayor Ed Honea ATTEST: v... APPROVED AS TO FORM: 11, dor 3— David L. Udall, Town Clerk Jane Fs . all, Town Attorney . 616‘ MARANA AZ ESTABLISHED 1977 00086517.DOCX/2 Ordinance No.2023.006 - 2- MARANA RESOLUTION NO. 2023-019 RELATING TO ANIMAL CONTROL; DECLARING AS A PUBLIC RECORD FILED WITH THE TOWN CLERK THE AMENDMENTS TO MARANA TOWN CODE TI ILE 6 (ANIMAL CONTROL); REVISING SECTION 6-1-1 (DEFINITIONS) TO CLARIFY DEFINITIONS RELATED TO AGGRESSIVE ANIMALS, DESTRUCTIVE ANIMALS AND VICIOUS ANIMALS, INCLUDING NEW DEFINITIONS FOR AGGRESSIVE MANNER, DESTRUCTIVE MANNER, AND VICIOUS MANNER;REVISING SECTION 6-7-2(A) (EVALUATION OF ANIMALS) TO CLARIFY AN ANIMAL CONTROL OFFICER MAY CONDUCT AN EVALUATION AND / OR INVESTIGATION; REVISING SECTION 6-7-5(A) (HEARING REGARDING DECLARATION; FINDINGS AFTER COURT HEARING; RULES OF HEARING; COSTS) TO ADD A PROVISION ALLOWING THE COURT TO CONDUCT A HEARING WITHIN 30 DAYS WHEN THE ANIMAL IS NOT IMPOUNDED; REVISING SECTION 6-7-6(A) (PROHIBITED ACTS; CLASSIFICATION; DEFENSES; FINDINGS AND ORDERS) CLARIFYING A VIOLATION OCCURS WHEN THE ANIMAL IS "DECLARED" A VICIOUS ANIMAL, AGGRESSIVE ANIMAL, OR DESTRUCTIVE ANIMAL; 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 Con- trol), 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 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 7th day of March, 2023. LA AL-°/ Mayor Ed 44,6 ea ATTEST: APPROV P AS TO FORM: 0116 David L. Udall, Town Clerk Janerall, Town Attorney 16t• 00086516.DOCX/1 MARANA AZ ESTABLISHED 1977 - 1 - Resolution No.2023-019 EXHIBIT A TO MARANA RESOLUTION NO. 2023-019 Revisions to Marana Town Code, Title 6 "Animal Control"pursuant to Marana Ordinance No. 2023.006 SECTION 1. Section 6-1-1 of the Marana Town Code is hereby revised as follows (with additions shown with double underlining and deletions shown with 5trikcouts): 6-1-1 Definitions The following definitions shall apply throughout this title unless the context clearly indicates otherwise. A. "Aggressive animal" means any animal that has bitten, attempted to bite, endan;ered, acted in an aggressive manner, 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. B. "A•• essive manner" means the animal a. •roaches a •erson or domestic animal, and can include but not limited to, threat displays of lun!'n t char•in• • owlin• snarlin• sna• •in• barkin• or bilin•. [No revisions to existing paragraphs B through G which are hereby re- lettered as paragraphs C through H] H.I. "Destructive animal" means any animal that has a propensity to destroy, damage, act in a destructive manner, or cause damage to the property of a person other than the animal's owner, 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. J. "Destructive manner" means and includes, but not limited to, chewin• di•t in• ri. .in• scratchin. clawin• and destro in'. [No revisions to existing paragraphs I through X which are hereby re- lettered as paragraphs K through Z] -AA. "Vicious animal" means any animal that has a propensity to attack, to cause injury to, act in a vicious manner, or to otherwise endanger the safety of human beings or domestic animals without provocation, or that has been so declared after an opportunity for a hearing before the town magistrate, or that has been so declared by 00086530.DOC/1 1 EXHIBIT A TO MARANA RESOLUTION NO. 2023-019 Revisions to Marana Town Code, Title 6 "Animal Control"pursuant to Marana Ordinance No. 2023.006 another jurisdiction after the owner has been provided notice and an opportunity to be heard. BB. "Vicious manner" means approaches people or domestic animal and exhibits conduct, which includes, but not limited to, growling, showing teeth sna. .in• bitin. char.in. circlin. cornerin. a .erson or domestic animal, or creating a reasonable fear of imminent attack. [No revisions to existing paragraph Z which is hereby re-lettered as paragraph CC] SECTION 2. Section 6-7-2 of the Marana Town Code is hereby revised as follows (with additions shown with double underlining): 6-7-2 Evaluation of animals A. Whenever the town enforcement agent has reason to believe an animal is vicious, aggressive, or destructive, the town enforcement agent may conduct an investigation and / or evaluation of the animal, whether the animal is impounded or not. [Paragraphs B through D remain unchanged] SECTION 3. Section 6-7-5 of the Marana Town Code is hereby revised as follows (with additions shown with double underlining): 6-7-5 Hearing regarding declaration; findings after court hearing; rules of hearing; costs A. Upon receipt of a written request for a hearing to determine if the animal should be declared vicious, aggressive, or destructive, the court shall set a hearing within 15 business days if the animal has been im.ounded and within 30 da s if the animal has not been im.ounded. [Paragraphs B through E remain unchanged] SECTION 4. Section 6-7-6 of the Marana Town Code is hereby revised as follows (with additions shown with double underlining): 6-7-6 Prohibited acts; classification; defenses;findings and orders A. The owner of any animal that is declared a vicious animal, aggressive animal, or destructive 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. 00086530.DOC/1 2