HomeMy WebLinkAboutResolution 2023-019 Declaring as a Public Record Filed with the Town Clerk the Amendments to Marana Town Code Title 6 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 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 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.
i
Mayor Ed 6 ea
ATTEST: APPROV i AS TO FORM:
David L. Udall, Town Clerk Jannrall, Town Attorney
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Resolution No.2023-019 I$TABIISHtD 1977 - 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
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 ctrikeouts):
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, endangered, 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. "Aggressive manner" means the animal approaches a person or
domestic animal, and can include but not limited to, threat displays of
lun•in• char•in• •rowlin• snarlin• sna. .in• barkin• or bitin•.
[No revisions to existing paragraphs B through G which are hereby re-
lettered as paragraphs C through 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,
chewing, digging, ripping, scratching, clawing, and destroying.
[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
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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, snapping, biting, charging, circling, cornering a person 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
impounded and within 30 days if the animal has not been impounded.
[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
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EXHIBIT A TO MARANA RESOLUTION NO. 2023-019
Revisions to Marana Town Code, Title 6 "Animal Control"pursuant to Marana
Ordinance No. 2023.006
[Paragraphs B through F remain unchanged]
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