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Home My WebLink About2015 06.16 City Council Regular Agenda City of Apache Junction, Arizona Meeting location City Council Chambers at City Hall 300 E Superstition Blvd ' Agenda Apache Junction,AZ 85119 City Council Meeting www ajcity net Ph (480)982-8002 Tuesday,June 16,2015 7.00 PM City Council Chambers A. CALL TO ORDER B. INVOCATION AND PLEDGE OF ALLEGIANCE C. ROLL CALL D. CONSENT AGENDA The council may, at this time, take single action on any or all items listed as consent agenda items These may include, but are not limited to, acceptance of agenda, acceptance of minutes, appointments, acceptance of resignations and adoption of certain resolutions and other items which do not require a public hearing The consent agenda is a timesaving device of which the mayor and city council is to receive documentation on these items from the city manager for their review prior to the meeting Any member of the council may remove any item from the consent agenda for discussion and cause a separate vote on the matter later in the agenda 1. Consideration of acceptance of agenda 2. Consideration of approval of the minutes for the regular meeting of June 2, 2015 3. Consideration of Resolution No 15-24, authorizing execution and adoption of the second amendment to the City of Apache Junction Flexible Benefit Plan The proposed amendment would add a vision component to the benefit plan 4. Consideration and approval of separation agreement between City Manager George Hoffman and the City of Apache Junction 5. Consideration of appointment of Bryant Powell as city manager and approval of employment agreement between the City of Apache Junction and Bryant Powell 6. Consideration of approval of Resolution No 15-23, authorizing the City of Apache Junction to enter into an Intergovernmental Agreement with Pinal County for Animal Control Services E. AWARDS, PRESENTATIONS AND PROCLAMATIONS Awards,presentations from other organizations,proclamations issued by the mayor, and acknowledgement of distinguished guests and visitors, and staff presentation of receipt of grant or donated funds are permitted at this time City of Apache Junction,Arizona Page 1 Printed on 61012015 City Council Meeting Agenda June 16,2015 7. Presentation of 35 Year Service Award to Keith Bedwell of the Public Works Department F. ANNOUNCEMENT OF CURRENT EVENTS The mayor or any member of council may at this time present a brief summary of current events However, no discussion shall take place on such items except for clarifying comments related to substance, time and location G. CITY MANAGER'S REPORT The city manager, members of city staff or those individuals designated by the manager may present information pertinent to items under consideration or information related to the operation of the city There shall however be no discussion at this time except for clarification inquiries 8. City manager's report. H. PUBLIC HEARINGS Public hearings required by applicable law shall be conducted by the council and any person shall be given the opportunity to speak All remarks shall be addressed to the council as a whole and not to any member thereof Such remarks shall be limited to five(5)minutes unless additional time is granted by the mayor This time limitation shall not apply to applicants and their agents appearing before the council 9. Consideration of an application for a special event liquor license for Elks Lodge#2349 located at 2455 N Apache Trail for July 25, 2015 for the"Day of the Cowboy"event The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control. 10 Presentation, discussion and action on Ordinance No 1417, relating to case PZ-1-15, a city-initiated corrective rezoning for Apache Junction Mobile Home Park, located at 800 W. Apache Trail, from Recreational Vehicle Park (RVP) to Manufactured Home Park (MHP) 11. Public Hearing and consideration of Resolution No 15-22, declaring as a public record that certain document filed with the city clerk entitled "2015 Amendments to the Apache Junction City Code, Vol. 1, Chapter 4, Fees, Article 4-1, Parks and Recreation Fee Schedule " 12. Public hearing and consideration of Ordinance No 1415, adopting by reference that certain document entitled "2015 Amendments to the Apache Junction City Code, Vol I, Chapter 4, Fees, Article 4-1, Parks and Recreation Fee Schedule " City of Apache Junction,Arizona Page 2 Printed on 611012015 ..a, .. City Council Meeting Agenda June 16,2015 13. Public Hearing and consideration of Ordinance No. 1416, amending the Apache Junction City Code, Vol 1, Chapter 4, Fees, Article 4-3, Animal Control Fee Schedule. 14. Public Hearing and consideration of Resolution No. 15-10, declaring as a public record that certain document filed with the city clerk entitled "2015 Amendments to the Apache Junction City Code, Vol 1, Chapter 6, Animals " 15. Public Hearing and consideration of Ordinance No 1414, amending the Apache Junction City Code, Vol 1, by repealing Chapter 6, Animals, and adopting by reference a new Chapter 6, Animals. I. OLD BUSINESS The council shall consider any business that has been previously considered and which is still unfinished to include those items previously postponed or tabled No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk J. NEW BUSINESS The council shall consider any business not yet considered No member of the public shall be permitted to speak on these items unless invited to do so by the mayor after first submitting a written request-to-speak form with the city clerk 16 Consideration of intergovernmental agreement with Arizona Department of Revenue for the uniform administration of the transaction privilege (sales) tax as required by A R S Title 42, Section 6001 This proposed intergovernmental agreement will become effective July 1, 2015 It covers changes made necessary by the state tax simplification process and is intended to provide uniform administration procedures K. COUNCIL DIRECTION TO STAFF This item allows the mayor and city council to direct staff on specifically listed matters L SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES 17. Executive Session at 5.45 P M and Work Session at 7 00 P M for Monday, July 6, 2015. 18. Executive Session at 5-45 P M and Work Session at 7-00 P M will be held on Tuesday, July 7, 2015 Other meetings if necessary City of Apache Junction,Arizona Page 3 Printed on 611012015 City Council Meeting Agenda June 16,2016 M CALL TO PUBLIC At this time the public has the privilege to address the council with requests, communications, comments or suggestions relating to city business that are not listed on the agenda All speakers must have already submitted a written"Request to Speak"form to the city clerk no later than the conclusion of the city manager's report portion of the agenda If there is a group speaking on the same item, they should select a spokesperson All such remarks shall be addressed to the council as a whole and not to .�. any member thereof The mayor is authorized to ask a speaker to stop speaking and leave the podium or to adjourn the meeting if anyone becomes disorderly, uncivil, makes personal attacks or continues to speak about items that are not within the jurisdiction of the city after being warned such issues are beyond the jurisdiction of the city to act The council may not answer questions of the speaker, discuss the matter with one another,but may, at the conclusion 1)respond to criticism by a speaker, 2)ask the city manager to review a matter, 3)ask the city manager to place the matter on a future agenda Each speaker must approach the podium, speak into the microphone,provide their name and address There is a three(3)minute time limit per speaker N ADJOURNMENT Copies of this agenda and additional information on any of the items listed above may be obtained from the City Clerk's office located at 300 E Superstition Blvd, Apache Junction, AZ 85119, Monday through Thursday from 7 00a-6 00p, excluding holidays The City of Apache Junction invites and welcomes people of all abilities to use our programs, sites and facilities Specific requests may be made by contacting the Human Resources Office at(480)474-2617 or TDD(480) 983-0095 City of Apache Junction,Arizona Page 4 Printed on 611012015 Awk .O. CITY COUNCIL REGULAR MEETING JUNE 2, 2015 The regular meeting of the City Council of the City of Apache Junction, Arizona, was held on June 2, 2015, at the A..,, Apache Junction City Council Chambers pursuant to the notice required by law. CALL TO ORDER Mayor Insalaco called the meeting to order at 7 . 00 p.m INVOCATION Councilmember Wilson gave the Invocation. PLEDGE OF ALLEGIANCE Councilmember Evans led the Pledge of Allegiance. ROLL CALL Councilmembers Present: Mayor Insalaco Vice Mayor Barker Councilmember Evans Councilmember Rizzi Councilmember Serdy Councilmember Wilson (Councilmember Waldron was absent. ) Staff Present: Assistant City Manager Bryant Powell City Clerk Kathleen Connelly City Attorney Joel Stern Public Safety Director Tom Kelly Development Services Director Larry Kirch Assistant to the City Manager Matt Busby Others Present: None. REGULAR MEETING OF THE CITY COUNCIL JUNE 2, 2015 PAGE 1 OF 6 ACCEPTANCE OF CONSENT AGENDA ) Vice Mayor Barker MOVED THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED Councilmember Rizzi SECONDED THE MOTION. VOTE• Unanimous. The motion carried. AWARDS, PRESENTATIONS AND PROCLAMATIONS None ANNOUNCEMENT OF CURRENT EVENTS Councilmember Serdy commented he attended the boys and girls club concert last week. It was pretty impressive as the kids did it themselves. Unfortunately only 40 people attended. They did everything well except promote it He believes they will have another one and suggested the city may help promote it. Councilmember Evans announced there will be a groundbreaking ceremony tomorrow morning for the new water treatment plant at 8 a.m. CITY MANAGER' S REPORT Assistant City Manager Bryant Powell commented on the groundbreaking ceremony, the Chamber of Commerce Awards Night and Pinal County open houses on the master planning of a 480- acre regional park along Peralta Road. PUBLIC HEARINGS APPLICATION FOR ACQUISITION OF CONTROL FOR THE LIQUOR LICENSE OF SAFEWAY #253 ) City Clerk Kathleen Connelly briefed the council on the item. REGULAR MEETING OF THE CITY COUNCIL JUNE 2, 2015 PAGE 2 OF 6 r► ,,.. Mayor Insalaco requested the applicant address the council . No applicant was in attendance. He opened the public hearing on the item. There being no one wishing to speak, he closed the public hearing and reopened the item to council discussion. There being no further discussion, he called for a motion. Councilmember Evans MOVED THAT THE APPLICATION FOR ACQUISITION OF CONTROL FOR THE LIQUOR LICENSE OF SAFEWAY #253, SUBMITTED BY ANDREA DAHLMAN LEWKOWITZ, BE RECOMMENDED FOR APPROVAL TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. Vice Mayor Barker SECONDED THE MOTION VOTE: Unanimous . The motion carried. OLD BUSINESS None. NEW BUSINESS RESOLUTION NO. 15-21, SUPPORTING THE DEVELOPMENT OF U. S. BICYCLE ROUTE 90 THROUGH THE CITY ) Development Services Director Larry Kirch briefed the council on the item. Amok Mayor Insalaco called for any discussion. There being no discussion, he called for a motion. Vice Mayor Barker MOVED THAT RESOLUTION NO. 15-21, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, MARICOPA AND PINAL COUNTIES, ARIZONA, STATING ITS SUPPORT FOR THE DEVELOPMENT OF U. S. BICYCLE ROUTE 90 THROUGH THE CITY OF APACHE JUNCTION, BE APPROVED. Councilmember Evans SECONDED THE MOTION. REGULAR MEETING OF THE CITY COUNCIL JUNE 2, 2015 PAGE 3 OF 6 VOTE: Unanimous. The motion carried. DIRECTION TO STAFF None. SELECTION OF MEETING DATES, TIMES, LOCATIONS, AND PURPOSES Vice Mayor Barker MOVED THAT AN EXECUTIVE SESSION AT 5. 45 P.M. AND A WORK SESSION AT 7 : 00 P M BE HELD ON MONDAY, JUNE 15, 2015, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5. 45 P.M. BE HELD ON TUESDAY, JUNE 16, 2015, IN THE CITY COUNCIL CONFERENCE ROOM. Councilmember Rizzi SECONDED THE MOTION. VOTE: Unanimous. The motion carried. CALL TO THE PUBLIC Mr. Murphy Harper, 1420 E. 19th Avenue, Apache Junction, addressed the council requesting assistance with a wash that runs on his property that has eroded the property to the point where his building foundation is in 0eopardy. Mr. George Schroeder, 2444 W. Virginia, Apache Junction, addressed the council regarding his concern for the business license issued for Loose Cannons on Apache Trail next to Mickey D' s. Mr Chris Coyle, 4050 S. Tomahawk, Apache Junction, addressed the council regarding the statistics for the free dump week for the city at Republic Services and reminded everyone of Republic sponsoring the fireworks for the Fourth of July celebration. REGULAR MEETING OF THE CITY COUNCIL JUNE 2, 2015 PAGE 4 OF 6 i► . k Ms Tess Nesser, 1511 S. Cactus, Apache Junction, addressed the council regarding the boys and girls club car raffle on June 17 . Vice Mayor Barker directed the assistant city manager to point Mr. Schroeder and Mr. Harper in a good direction to help them with their concerns . Councilmember Serdy commented at the chamber awards Republic Services also got large business of the year for all the things they do for the community. ADJOURNMENT ) Mayor Insalaco adjourned the meeting at 7 : 15 p.m. Consent Agenda Items are as follows : 1 . Consideration of acceptance of agenda. 2 . Consideration of approval of minutes of special meeting of May 18, 2015 . 3 . Consideration of approval of minutes of regular meeting of May 19, 2015. ACCEPTED THIS 16TH DAY OF JUNE, 2015, BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA. SIGNED AND ATTESTED TO THIS 16TH DAY OF JUNE, 2015. JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 2, 2015 PAGE 5 OF 6 CITY COUNCIL MINUTES CERTIFICATION I hereby certify that the foregoing minutes are a true and correct copy of the minutes of the regular meeting of the City Council of the City of Apache Junction, Arizona, held on the 2nd day of June, 2015. I further certify that the meeting was duly called and held and that a quorum was present Dated this 4th day of June, 2015. KATHLEEN CONNELLY City Clerk REGULAR MEETING OF THE CITY COUNCIL JUNE 2, 2015 PAGE 6 OF 6 Aow "= City of Apache Junction, Arizona 300 E Superstition Boulevard U r Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 3 r r File ID: 15-187 Sponsor. Liz Riley Agenda Date-6/16/2015 Index: In Control City Council Meeting Consideration of Resolution No 15-24, authorizing execution and adoption of the second amendment to the City of Apache Junction Flexible Benefit Plan The proposed amendment would add a vision component to the benefit plan The city initially established its Flexible Benefit Plan (the"Plan") in 1999 setting forth the health and dental insurance provisions available to its employees The Plan was amended in 2012 when the city joined the Arizona Metropolitan Trust insurance pool with multiple municipalities A second amendment is now needed to include a vision insurance component. Attachments, City of Apache Junction,Arizona Page 1 Printed on 61912015 AM,, � RESOLUTION NO 15-24 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING EXECUTION AND ADOPTION OF THE SECOND AMENDMENT TO THE CITY OF APACHE JUNCTION EMPLOYEE FLEXIBLE BENEFIT PLAN WHEREAS, on February 1, 1999 , the City of Apache Junction established its employee benefit plan, known as the "City of Apache Junction Flexible Benefit Plan"; and WHEREAS, on July 1, 2012 , the Plan was amended and restated to include a provision which allowed for health saving accounts, and WHEREAS, on June 16, 2014 , the City adopted the First Amendment to the Plan by adding new Section 14 allowing debit cards for flexible health care savings accounts; and WHEREAS, the City of Apache Junction desires to amend the Plan by including an option for employees to elect for vision insurance coverage. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The Council finds that it is in the best interest of the City of Apache Junction to add a group vision insurance plan to the current City of Apache Junction Flexible Benefit Plan 2) The Council hereby approves and the City Manager is authorized to execute the Second Amendment to the City of Apache Junction Flexible Benefit Plan as set forth in "Attachment A" . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2015 SIGNED AND ATTESTED TO THIS DAY OF 2015 JOHN S. INSALACO Mayor RESOLUTION NO. 15-24 PAGE 1 OF 2 ..► ... ATTEST: KATHLEEN CONNELLY City Clerk ^'` APPROVED AS TO FORM• RICHARD J. STERN City Attorney RESOLUTION NO. 15-24 PAGE 2 of 2 ATTACHMENT SECOND AMENDMENT TO CITY OF APACHE JUNCTION FLEXIBLE BENEFIT PLAN THIS AMENDMENT is made this day of , 2015, by the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City" or "Employer") to the City of Apache Junction Flexible Benefit Plan dated July 1, 2012. RECITALS A) On February 1, 1999, City originally established its employee benefit cafeteria plan, known as the "City of Apache Junction Flexible Benefit Plan" (the "Plan"). On July 1, 2012, the Plan was amended and restated. B) The purpose of the Plan is to provide City employees with options regarding health care, dental insurance coverage and associated benefits. The Plan is established in accordance with the Internal Revenue Code provisions under 26 U.S.C. § 125 and other applicable provisions. C) On June 16, 2014, City adopted the First Amendment to the Plan by adding new Section 14, allowing debit cards for flexible health care accounts. D) City desires to now amend the Plan by including an option for employees to elect for vision insurance coverage. AMENDMENT A) Article 5. INSURANCE PREMIUMS, Section 5.1 Coverages, as set forth in the Plan, is amended effective July 1, 2015, to include new Section 5.1 (c) and shall read as follows: "(c) City of Apache Junction Group Vision Insurance Plan." B) Except as expressly amended herein, all other terms and provisions of the Plan shall remain in full force and effect until the Plan is terminated. WHEREFORE, the City has caused this Amendment to be signed by its duly authorized representatives as of the day and year first above written. CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: Bryant Powell Its: City Manager FIRST AMENDMENT TO CITY OF APACHE JUNCTION FLEXIBLE BENEFIT PLAN THIS AMENDMENT is made by the CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation ("City" or"Employer") to the City of Apache Junction Flexible Benefit Plan dated July 1,2012. RECITALS A) On February 1,1999, City originally established its employee benefit cafeteria plan, known as the "City of Apache Junction Flexible Benefit Plan"(the "Plan"). On July 1,2012,the Plan was amended and restated. B) The purpose of the Plan is to provide City employees with options regarding health, dependent care, and associated benefits.- The Plan is established In accordance with the provisions of Code § 125 and other applicable provisions. C) City desires to now amend the July 1, 2012 Plan by Including an option for employees to utilize a debit card or similar stored vatue card as a method of benefit payment. D) Employer adopts this Amendment to the Plan to reflect changes to the method of optional benefit payments. E) The July 1, 2012 Plan and this Amendment constitutes the benefits which are extended to employees and any Plan Sponsor or Administrator who the City hires Is expected to accommodate any and all provision hereunder even las the Plan Sponsor or Administrator changes from time to time. i F) This Amendment shall be effective on or after the day of AMENDMENT " A) New"Article 14. METHOD OF BENEFIT PAYMENT"is added and shall read as follows: 14.1 Method of Benefit Payment. Notwithstanding any provision contained in this Flexible Benefits Plan to the contrary,the Plan amends the Method of Benefit Payment to include the use of a debit card, stored value card or other similar electronic media. If a Participant agrees to the terms and conditions of any applicable cardholder agreement that provides for the payment of qualifying benefit expenses through use of a debit or credit card, stored value card or other similar electronic media (hereinafter"debit card"), payments under the Plan shall be made directly to the service provider, authorized merchant, or other Independent third party that provides products or services that are eligible for payment of qualifying benefit expenses as otherwise setforth herein. 4 (a) Within the cardholder agreement, the Participant agrees that payment for qualifying benefit expenses can only be made on behalf of the Participant, the Participant's Spouse, or other qualifying Dependents and is otherwise limited to the maximum dollar amount of coverage that Is otherwise specified for that benefit in accordance with the limitations set forth in the Employer's signed Adoption Agreement or as otherwise specified by the Participant's signed Election. The Participant also certifies that any expense paid with the card has not been, and will not be, reimbursed through any other plan or method of coverage provided under this Plan. The Partleipant cardholder also agrees to acquire and retain sufficient documentation for any expenses(s) paid with the card, including Invoices and receipts where appropriate or as required by law. The Participant-card holder also understands that the debit card is automatically cancelled at termination of employment or under such other situations that are otherwise set forth within the cardholder agreement itself. (b) Unless other more stringent procedures or requirements are Implemented and communicated to the Employer and its Employees, the Administrator agrees that it shall separately adhere to the terms and conditions of any separate Employer cardholder servicing agreement, including but not limited to, a requirement to maintain the program in compliance with applicable standards under the Code and any mandates that payments for Qualifying Expenses only be made to authorized merchants and service providers. The Administrator also agrees that it shall establish and maintain procedures for substantiation of any payments after the card has been used for qualifying benefit payments that are In accordance with applicable provisions of the Code, any underlying regulations and other applicable guidance thereunder. (c) If the benefit reimbursement request is being submitted for any non- qualifying benefit expense in a manner other than as specified under any of the methods allowable under existing IRS guidelines, the Administrator may make a conditional payment of an allowable benefit item to the authorized service provider, merchant, or approved independent third party, but shall also require the Participant-cardholder to remit additional third-party Information, such as merchant or service provider receipts, describing the service or product; the date of service or safe; and the amount, which shall be subject to further review and substantiation. (d) If a Participant attempts to utilize the debit card or other form of electronic payment for any Improper or non-allowable purpose, the Participant shall be responsible for any and all fees or other expenses, including restitution or other similar penalty amounts,charged Inappropriately by the Participant. (e) if any conditional payment or other benefit payment has been made but is not deemed to be qualifying benefit expense reimbursement, the Administrator shall ensure that proper correction procedures are maintained with respect to the improper payment(s); 2 (1) Upon identification of any improper payment, the Administrator shall require the Participant to pay back to the Plan an amount equal to the improper payment; (2) If the Participant does not Immediately repay the Plan, the Administrator shall ensure that the proper amount is withheld from the Participant's wages or other Compensation(with such amounts then being immediately remitted to the Plan by the Employer)to the extent consistent with applicable law; (3) To the extent that neither (1) or (2) above are allowable or effective, the Administrator shall have the authority to utilize a claim substitution or offset approach to resolve the improper claim amount(s), with such methodology being clearly explained to the Participant- cardholder as part of histher cardholder agreement. (4) The Administrator may also take any further steps or actions as deemed necessary, including denial or cancellation of access to the deblt card until the indebtedness Is repaid by the Participant. The Administrator may also pursue any other methods of collection as would be consistent with Its usual business practices to ensure the improper payment amounts are adequately remitted to the (Plan as required by the Plan or Participant-cardholder agreement 8) Except as expressly amended herein, all other terms and provisions of the Plan executed by the City on or about July 1, 2012 shall remain in full force and effect until the Plan is terminated. The City has caused this Amendment to be signed by Its duly authorized representatives as of the day and year first above written. CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation &4A74 By: H owell Its: Assistant City Manager APPROVED AS TO FORM: By: r . ire IL " R.Joel Stern, City Attorney i i 3 i TABLE OF CONTENTS ARTICLE 1. ESTABLISHMENT AND PURPOSE 1 ARTICLE 2 DEFINITIONS .......................................... .......... 1 ARTICLE 3 PARTICIPATION ...................................................................... 4 ARTICLE 4 PAY CONVERSION AND BENEFIT ELECTIONS 4 ARTICLE 5. INSURANCE PREMIUMS 9 ARTICLE 6. HSA CONTRIBUTIONS ....... ......... 10 ARTICLE 7 HEALTH CARE REIMBURSEMENT PLAN...........................................................10 ARTICLE 8 DEPENDENT CARE ASSISTANCE PLAN............................................................12 ARTICLE 9 FORFEITURES AND LIMITATIONS . . ..14 ARTICLE 10. CLAIMS REVIEW PROCEDURES 14 ARTICLE 11 ADMINISTRATION AND FINANCES 14 ARTICLE 12 AMENDMENTS AND TERMINATION................................................................ 16 ARTICLE 13 MISCELLANEOUS . .16 ARTICLE 1. ESTABLISHMENT AND PURPOSE 1 1 Establishment. City of Apache Junction previously established (effective February 1, 1999) and hereby amends and restates (effective July 1, 2012) its cafeteria plan for the benefit of its employees who may participate in the Plan. The Plan shall be known as the City of Apache Junction Flexible Benefit Plan. 12 Purpose The purpose of the Plan is to provide Employees who may participate in the Plan the choice among different combinations of health, dependent care and other benefits as specified in the Plan The Plan is established in accordance with the provisions of Code §125 and other applicable provisions 1.3 Qualified Status The Plan is intended to meet the requirements of Code §125 and shall be interpreted and administered in accordance with the requirements of that section ARTICLE 2. DEFINITIONS 2.1 Definitions. Whenever used in the Plan, the following words and phrases shall have the meanings set forth below unless the context plainly requires a different meaning. (a) Affiliate means any entity (other than the Employer) that is part of a group of entities that includes the Employer and that constitutes- (1) a controlled group of corporations (as defined in Code §414(b)), (2) a group of trades or businesses, whether or not incorporated, under common control (as defined in Code§414(c)); or(3) an affiliated service group (within the meaning of Code §414(m)), and that adopts the Plan with the Employer's consent (b) Change in Status means a Change in Status as defined in Section 4 2(b)(3) of this Plan (c) COBRA means the Consolidated Omnibus Budget Reconciliation Act of 1986, as amended (d) Code means the Internal Revenue Code of 1986, as amended (e) Committee means the Benefit Plan Committee of the Employer, or such other person or Committee as may be appointed by the Employer to supervise the administration of the Plan in accordance with the provisions of Article 11 (f) Compensation of a Participant means the total of amounts paid to a Participant by the Employer and reported on the Participant's Federal Income Tax Withholding Statement(form W-2) but excluding all fringe benefits (g) Dependent means one of the following individuals. (1) An individual who qualifies as a dependent under the provisions of Code §152. (2) For purposes of the Health Care Expense Account, the term "Dependent" includes a child who is otherwise a Dependent under this section and who is entitled to coverage under a qualified medical child support order or otherwise in accordance with the provisions of ERISA §609 (h) Dependent Care Assistance Account means the account established under Section 8 1 for each Participant, as increased under Section 8 2 by allocated Pay 1 Aft. ... Conversion Contributions and as decreased under Section 8 3 by benefit payments made to the Participant. (i) Eligible Employee means a full time Employee who works at least 30 hours per week for the Employer continuously for a period of 90 day(s), counting periods that an Employee is on leave required under FMLA or during an absence from work for duty in the uniformed services of the United States of America For purpose of the Health Care Expense Account, an Employee who would otherwise be an Eligible Employee will not be an Eligible Employee if he or she is making HSA Contributions under the Plan For purposes of making HSA Contributions under the Plan, an Employee who would otherwise be an Eligible Employee will not be an Eligible Employee unless he or she also meets the definition of "eligible individual" set forth in Code §223(c)(1), which includes, but is not limited to, the requirement that the Employee not be participating in the Health Care Expense Account. (j) Employee means an Employee of the Employer who receives compensation from the Employer Employee status shall not be considered to be affected by a leave of absence that is Employer-approved or legally required. However, the term Employee shall not include any person employed by the Employer at a location outside the United States or an individual characterized by the Employer as an independent contractor (k) Employee Benefit Election Form means the form described in Section 3 2 (1) Employer means City of Apache Junction or its successor(s) However, where appropriate, the term Employer shall also mean an Affiliate that is the employer of a particular Participant (m) Employment-Related Dependent Care Expense means an amount paid by a Participant for household services or for the care of a Qualifying Individual, to the extent that such expense is incurred to enable the Participant to be gainfully employed for any period for which there are one or more Qualifying Individuals with respect to the Participant However, (1) if such amounts are paid for expenses incurred outside the Participant's household, they shall constitute Employment-Related Dependent Care Expenses only if incurred for a Qualifying Individual who is a Dependent under the age of 13 for whom the Participant is entitled to an exemption under Code §151 or for a Qualifying Individual who regularly spends at least eight hours per day in the Participant's household; (2) if the expense is incurred outside the Participant's home at a facility that provides care for more than six individuals who do not regularly reside at the facility, the facility must comply with all applicable licensing requirements, if any, and (3) Employment-Related Dependent Care Expenses of a Participant shall not include expenses paid or incurred for services provided by(i) a child of such Participant who is under the age of 19 or(ii) an individual who is a Dependent of such Participant or such Participant's spouse (n) ERISA means the Employee Income Retirement Security Act of 1974, as amended. (o) FMLA Leave means a leave of absence provided to an Employee of the Employer under the Family and Medical Leave Act of 1993, as amended 2 (p) Health Care Expense means an expense which is considered an amount expended for medical care under Code §105(b) and which is excludable from gross income under Code §105(b) (q) Health Care Expense Account means the account established under Section 7 1 for each Participant, as increased under Section 7.2 by allocated Pay Conversion Contributions and as decreased under Section 7 3 by benefit payments made to the Participant (r) Highly Compensated Employee means a highly compensated individual or participant as defined in Code §125(e), a highly compensated employee as defined in Code §129(d)(2), or a highly compensated individual as defined in Code §105(h)(5). (s) HSA Contributions means contributions made to a health savings account as defined in Code §223 in accordance with Article 6 and subject to the applicable limits imposed under Code §223 (t) Insurance Plan means the plan(s) maintained by the Employer to provide accident and health benefits to Employer's Employees, which is partially or fully insured by an independent third party. (u) Key Employee means a key employee as defined in Code §416(1)(1) (v) Participant means a person who is an Eligible Employee on or after the initial effective date of the Plan, who applies to participate in the Plan, and who satisfies the participation conditions of Article 3 (w) Pay Conversion Contributions means the contributions of a Participant made by salary reduction agreement in accordance with Section 4 1 (x) Period of Coverage, with respect to any Plan Year, means that Plan Year However, for any Employee. (1) Who becomes a Participant after the start of a Plan Year, the Period of Coverage means the period commencing on the effective date of the •-. Participant's participation and extending through the remainder of the Plan Year, or (2) Who ceases being a Participant after the start of a Plan Year, the Period of Coverage means the period commencing on the first day of the Plan Year and extending through the last day of the Participant's participation. (y) Plan means the City of Apache Junction Flexible Benefit Plan as amended or restated from time to time (z) Plan Year means each twelve-month period ending June 30. (aa) Qualifying Individual means (1) a Dependent of a Participant who is under the age of 13, with respect to whom the Participant is entitled to an exemption under Code §151, and (2) a Dependent or spouse of a Participant who is physically or mentally incapable of caring for himself 2.2 Gender and Number Except as otherwise indicated by context, masculine terminology also includes the feminine, and vice versa, and terms used in the singular may also include the plural 3 ARTICLE 3. PARTICIPATION 31 Participation Conditions As a condition of participation and receipt of benefits under this Plan, each Participant shall be required to (a) Furnish to the Committee a completed Employee Benefit Election Form along with required documentation (b) Designate and apply a portion of his or her Compensation as Pay Conversion Contributions in accordance with the provisions of Article 4. (c) Observe all Plan requirements, rules and regulations (d) Consent to inquiries by the Committee with respect to any physician, hospital or other provider of health care or other services involved in a claim under this Plan (e) Submit to the Committee all reports, bills and other information that the Employer may reasonably require 3.2 Application to Participate As a condition of participation, each Eligible Employee shall complete, sign and deliver to the Committee an Employee Benefit Election Form before his or her first day of participation. It is by this form that the Eligible Employee applies to participate in the Plan, designates the required portion of his or her Compensation for that Plan Year as Pay Conversion Contributions, makes a benefit election, and supplies any other pertinent information that the Committee reasonably requires Unless otherwise required by the Committee, the application shall be delivered to the Committee prior to the first day of an Employee's participation 3.3 Commencement of Participation. After an Eligible Employee satisfies the participation requirements of this Article 3, the Eligible Employee may become a Participant the latter of- (a) The first of the month following 90 days of employment (b) Immediately following the date on which the Committee receives the Participant's signed Employee Benefit Election Form 3.4 Cessation of Participation. Participation in the Plan will end at the time that an individual ceases to be a Participant as defined in Section 2.1(v). With respect to periods following the date participation otherwise ends, Pay Conversion Contributions will cease but coverage may continue for the remainder of the Period of Coverage with respect to which the required premium has been paid ARTICLE 4. PAY CONVERSION AND BENEFIT ELECTIONS 4.1 Pay Conversion Each Participant shall designate a portion of his or her Compensation for each Plan year to be applied as Pay Conversion Contributions The portion shall be specified by the Participant at the time that a benefit election is made under Section 4 2 on the Employee Benefit Election Form However, the minimum is $240.00 for Health Care Expense Account and the minimum for Dependent Care Expense Account is $600.00. The maximum is as follows (a) The maximum annual contribution per Participant to pay for insurance premiums under Article 5 shall be the actual cost of such premium payments 4 (b) The maximum annual contribution per Participant to make HSA Contributions under Article 6 shall be the maximum annual amount permitted under Code §223 A Participant is not eligible to make HSA Contributions under Article 6 if he or she participates in the Health Care Expense Account. (c) The maximum annual contribution per Participant to his or her Health Care Expense Account under Section 7.1 shall be $2,500.00. A Participant is not eligible to make contributions to a Health Care Expense Account under Section 7.1 if he or she makes HSA Contributions under Article 6 (d) The maximum annual contribution per Participant to his or her Dependent Care Assistance Account under Section 8.1 shall be the lesser of (1) $5,000.00 (with respect to a calendar year), or, instead, $2,500.00 (with respect to a calendar year) if a Participant is married and files a separate Federal income tax return for that year, (2)the Participant's earned income or(3) the spouse's earned income, if applicable. The Employer may, if necessary, adjust the rate to account for benefit election adjustments prescribed by Article 5 Except as otherwise provided by the Employer, Pay Conversion Contributions shall reduce the Participant's Compensation ratably on each pay day beginning on or after the first day of the Participant's participation, and shall continue in effect until changed in accordance with Section 4 2 42 Benefit Elections. (a) Each Participant shall make a benefit election, in the manner provided in the Plan, to apply his or her Pay Conversion Contributions during each Plan Year, in such proportions as he or she chooses, to the following (1) To pay the Participant's premiums for Employer-sponsored health care insurance and other insured Employer-sponsored plans, as set forth in Article 5, (2) To pay the Participant's premiums for Employer-sponsored group term life insurance as set forth in Article 5, (3) To make HSA Contributions as set forth in Article 6, (4) To apply to the Participant's Health Care Expense Account for that Plan Year in accordance with Article 7, and/or (5) To apply to the Participant's Dependent Care Assistance Account for that Plan Year in accordance with Article 8. A Participant's initial benefit election shall be made as part of his or her application to participate under Section 3 2 and the election shall remain in effect until changed in accordance with this Section. A Participant may change her benefit election for a subsequent Plan Year by providing written notice to the Employer on a new Employee Benefit Election Form prior to the first day of the Plan Year for which such change is to be effective in accordance with rules prescribed by the Committee (b) A Participant's benefit election for any Plan Year shall be irrevocable during the Plan Year, except that 5 AS . (1) The Employer may limit a Participant's contributions in accordance with Section 9 2 (2) A Participant may change his or her HSA Contribution election at any time, provided that any such change shall be effective only with respect to Compensation that has not already become currently available to the Participant Aow (3) Change in Status (A) If the Participant has a Change in Status (as defined in Subsection (B) below), he or she shall be entitled to revoke or modify his or her benefit election in a manner that is consistent with such Change in Status (as defined in Subsection (C) below), by providing written notice to the Committee within 31 days of the status change. An authorized change in the Participant's benefit election due to a Change in Status shall be effective the latter of (1) Immediately following 90 days following the date the Change in Status occurs; or (ii) Immediately following the date on which the Committee receives the Participant's written notice (B) A Change in Status is an event that falls into one of the following categories (1) Legal Marital Status changes- including marriage, death of spouse, divorce, legal separation and annulment. (ii) Changes in Number of Dependents including birth, death, adoption and placement for adoption (iii) Employment Status changes of the Participant or the Participant's spouse or dependents. termination or commencement of employment, strike or lockout, commencement or return from unpaid leave of absence, change of work-site or change in employment status. (iv) Dependent Satisfies or Ceases to Satisfy the Requirements for Unmarried Dependents. change in student status or dependent no longer qualifies because of age. (v) Change in Residence change in place of residence of the employee, spouse or dependent (C) For accident or health coverage and group term life, the election change is consistent with the Change in Status only if the election change is on account of and corresponds with a change in status that affects eligibility for coverage under an employer's plan. 6 For other qualified benefits, the election change is consistent with the Change in Status only if it meets one of the following conditions. (i) The election change is on account of and corresponds with a change in status that affects eligibility for coverage under an employer's plan (ii) The election change is on account of and corresponds with a change in status that affects expenses described in Code §129 with respect to the Dependent Care FSA The consistency rule of this Subsection shall be interpreted in accordance with the Special Consistency rules of applicable law (4) Special Events (A) A Participant may revoke or modify his or her benefit election during the current Plan Year if the revocation or modification is on account of a Qualified Medical Child Support Order(QMCSO) or other Judgments or Orders under 29 USC §1169(a); on account of the special enrollment rights of the Health Insurance Portability and Accountability Act of 1996 (HIPAA), on account of an employee, spouse or dependent becomes entitled to coverage under Part A or Part B of Medicare or Medicaid or on account of a COBRA Qualifying Event (B) A Participant, on account of an unpaid FMLA Leave, may revoke his or her benefit elections. When he or she returns from unpaid FMLA Leave after having revoked his or her benefit elections on account of taking FMLA Leave he or she may have his or her benefit elections reinstated on the same terms as prior to taking FMLA Leave, to the extent that reinstatement is required under the FMLA. A reinstated Participant shall not have a greater right to benefits for the remainder of the Plan Year than a Participant who +� is continuously working during the Plan Year (5) Cost/Coverage Changes (A) Cost Changes (1) The Employer may modify a Participant's contribution in accordance with the automatic adjustment in Section 5.2. (ii) If the cost of coverage of an Employer-sponsored Plan described in Section 5 1 significantly increases or significantly decreases, a Participant who is covered under that Employer-sponsored Plan may choose to pay the increased or decreased premium or revoke coverage under the plan for which the premiums are being increased and elect coverage under a plan providing similar coverage, if available 7 If the cost of coverage of an Employer-sponsored Plan described in Section 5 1 significantly decreases, an Eligible Employee who is not a Participant may choose to commence participation in the plan with the decrease in cost. (iii) With respect to a Dependent Care Assistance Plan under Article 8, a Participant may modify a benefit election if the Anuk cost for service provided by a dependent care provider, who is not a relative of the Participant, increases or decreases (iv) Cost changes covered by this Section 4.2(b)(5)(A) include but are not limited to, cost changes initiated by the Eligible Employee or the Employer (B) Coverage Changes (1) If coverage provided under a plan described in Section 5.1 or Article 8 is significantly curtailed that is not a loss of coverage, a Participant who is covered under that plan shall be entitled to change his or her benefit election by revoking coverage under the plan being curtailed but must elect coverage under a plan providing similar coverage, if available (11) If coverage provided under a plan described in Section 5 1 or Article 8 is significantly curtailed that is a loss of coverage, a Participant who is covered under that plan shall be entitled to change his or her benefit election by revoking coverage under the plan being curtailed and elect coverage under a plan providing similar coverage, if available Am%" (iii) If during a Period of Coverage, a new benefit plan is added or an existing benefit option is significantly improved, an Eligible Employee may elect the new benefit plan or improved benefit plan and make a corresponding election change with respect to other plans providing similar coverage. (iv) A Participant may make a change in such Participant's benefit election if such change is on account of and corresponds with a change made under another employer plan if (a) such change is permitted under the other employer's cafeteria plan (or qualified benefit plan)and Code requirements applicable to such change; or(b)this Plan permits participants to make an election for a Period of Coverage which is different from the period of coverage under the other cafeteria plan (or qualified benefit plan) (C) This Section 4 2(b)(5) does not apply to an election change with respect to the Health Care Reimbursement Plan described in Article 7 8 .1-1 _1 (6) A Participant who separates from the service of the Employer during a Period of Coverage may revoke existing benefit elections and terminate the receipt of benefits for the remaining portion of the Period of Coverage If the Employee should return to service within 30 days for the Employer during the same Plan Year, the Employee shall reenroll with the same benefit elections prior to termination for the remaining portion of the Period of Coverage. If the Employee should return to service of the Employer after 30 days, but during the same Plan Year, the Employee .—. may Re-Enroll With a New Benefit Election for the remaining portion of the Period of Coverage (7) Notwithstanding the provisions of Section 4 2(b)(3) and 4.2(b)(5) no change shall be permitted unless both the old and the new benefit plans permit such change. 43 Contribution during Leave. With respect to Participants who go on a leave of absence which is Employer-approved or unpaid FMLA Leave, contributions required or permitted to be made by them under the Plan may be made by one of the following methods, which must be nondiscriminatory, as agreed between the Employee on leave and the Committee before the commencement of the leave of absence or the applicable coverage period. (a) Contributions may be made by the Employee on leave on a regular basis (generally on an after-tax basis). (b) Contributions may be made by the Employee on leave by pre-payment(generally on a pre-tax basis with respect to the same Plan Year during which the leave occurs) (c) Contributions advanced by the Employer on behalf of an Employee on leave may be re-paid by the Participant when he or she returns from leave on either a pre- tax with respect to the same Plan Year during which the leave occurs or on an after-tax basis. ARTICLE 5. INSURANCE PREMIUMS 51 Coverages To the extent a Participant so elects, a portion of the Participant's Pay Conversion Contributions shall be used to pay the Participant's share of the cost of coverage (single or family coverage, whichever applies) under the following Employer-sponsored Plans: (a) City of Apache Junction Group Health Insurance Plan; (b) City of Apache Junction Group Dental Insurance Plan; The benefit description in each of those plans is incorporated by reference into this Plan. The terms and conditions of each of those plans shall govern the provision of benefits under each plan 5.2 Automatic Adjustments. If during the Plan Year the cost of Employer-sponsored Plans described in Section 5 1 which is selected by a Participant changes and the change is not significant, the Participant's benefit election shall, with respect to premium payments for that health plan, automatically be adjusted to reflect such change. A Participant shall not be permitted to change coverage during a Plan Year because of change in the cost of coverage, except as otherwise provided in Article 4. 9 ARTICLE 6. HSA CONTRIBUTIONS 6.1 Contributions to HSA. To the extent a Participant so elects, a portion of the Participant's Pay Conversion Contributions shall be used to make HSA Contributions to the Participant's health savings account (as defined in Code §223) 6.2 Limitations. The amount of HSA Contributions which may be made under the Plan is limited to the amount of HSA Contributions that the Participant is entitled to make under Code §223 A Participant who is not an "eligible individual" as defined in Code §223(c)(1) cannot make HSA Contributions under the Plan The requirements to be an "eligible individual" include, but are not limited to, the requirement that the Participant not be participating in the Health Care Expense Account. 6.3 No ERISA Plan The Participant's health savings account to which HSA Contributions may be made under this Plan is not an ERISA plan or a plan sponsored by the Employer. Rather, the health savings account is owned by the Participant, and the Participant shall be responsible for all tax-implications associated with his or her health savings account Notwithstanding the foregoing, the Employer may specify one or more HSA trustees and/or custodians that the Participant must use in order for the Participant to make HSA Contributions under this Plan. ARTICLE 7 HEALTH CARE REIMBURSEMENT PLAN 7.1 Health Care Expense Accounts. The Committee shall establish for each Participant who elects the benefit option under this Article 7 a Health Care Expense Account for each Plan Year Each Health Care Spending Account shall contain zero dollars ($0.00) initially and at the commencement of each Plan Year 72 Increases in Health Care Expense Account. A Participant's Health Care Expense Account for a Plan Year shall be increased by the portion of the Participant's Pay Conversion Contributions for that Plan Year that he or she has elected to apply toward his or her Health Care Expense Account in accordance with Section 4 2 73 Decreases in Health Care Expense Account. The balance in a Participant's Health Care Expense Account for a Plan Year shall be reduced by the amount of any benefits paid to a Participant under Section 7 4 74 Health Care Benefits. Subject to limitations contained in other provisions of this Plan, a Participant who elects the benefit option under this Article 7 and who incurs Health Care Expenses attributable to himself, his or her spouse or Dependents during his or her Period of Coverage for a Plan Year shall be entitled to receive from the Plan full reimbursement for the entire amount of such expenses to the extent of the amount of the Participant's benefit election for the Health Care Expense Account for that Plan Year 75 Reimbursement Procedures In order to receive reimbursement for health care expenses under this Article 7 (a) The Participant must complete a Claim Form, attach (1) an itemized billing statement from the health care provider, (2) an explanation of benefits from the Participant's insurer or (3) other satisfactory proof of claim, and forward the documents to the Administrator The Participant must provide additional information reasonably requested by the Administrator. 10 (b) A request for reimbursement must relate to Health Care Expenses incurred during the Participant's Period of Coverage For this purpose, the term "incurred" refers to when the health care services were provided In no event may claims incurred in one Plan Year be submitted during the following Plan Year, nor shall any unpaid claims be the liability of the Plan, the Employer, or the Administrator. (c) A request for reimbursement for Health Care Expenses incurred during a Plan Year must be received by the Administrator either during the Period of Coverage or on or before 90 days following the Period of Coverage (d) Reimbursement, if made, shall be made by the Administrator directly to the Participant, upon which the Employer, the Plan, and the Administrator shall be relieved of all further responsibility with respect to the expenses reimbursed Upon presentation of a claim, a Participant shall expressly represent that the item for which a claim is made is not subject to reimbursement under any policy described in Article 5 or from any other source and such item will not be used as a deduction under Code §213 (e) The Employer may establish a minimum reimbursement amount 7.6 Limitations on Health Care Benefits. Despite the provisions of this Article 7, no benefits shall be paid under this Article (a) If and to the extent that such reimbursement or payment is covered under any insurance policy or policies, whether paid for by the Employer or the Participant, or under any other health and accident plan by whomever maintained In the event that there is such a policy or plan in effect providing for such reimbursement or payment, in whole or in part, then to the extent of the coverage under such policy or plan, the Employer and the Plan shall be relieved of any liability (b) To the extent that an expense has been submitted for reimbursement from a Participant's Dependent Care Assistance account. (c) For any expenses incurred for medical insurance premiums. (d) For any expenses which are not Health Care Expenses 77 Continuation of Health Care Coverage. To the extent required by COBRA, a qualified beneficiary (as defined in ERISA§607) who would lose Health Care coverage under the Plan upon the occurrence of a qualifying event(as described ERISA §603) shall be permitted to continue Health Care coverage under the Plan by electing to pay the applicable premiums, on an after-tax basis, in accordance with procedures established by the Committee that are consistent with Part 6 of Title I of ERISA and any regulations under that Part The Employer shall provide notice to each covered Employee and spouse of their rights under COBRA in accordance with applicable law and the regulations thereunder. 78 Additional Requirements for Group Health Plans. The Health Care Reimbursement Plan shall be interpreted and administered so as to provide coverage, under written procedures established by the Administrator, with respect to individuals for which coverage is required by the applicable provisions of ERISA§609 and any regulations under those provisions 11 ... A01k 79 Separate Written Plan. For purposes of the Code, this Article shall constitute a separate written plan providing for the reimbursement of Health Care Expenses To the extent necessary, other provisions of the Plan are deemed incorporated by reference in this Article 7 7.10 HIPAA Privacy Rule. To the extent required by HIPAA, the Employer agrees that it shall- (a) Use and disclose protected health information as described by HIPAA("PHI") .-. only for payment and health care operations under the Health Care Reimbursement Plan as described in this Article 7 (the "HFSA Plan") and not use or further disclose PHI other than as required by law, (b) Ensure that any agents or subcontractors to which it provides PHI received from the HFSA Plan agree to same restrictions and conditions that apply to the Plan Sponsor; (c) Not use or disclose PHI for employment-related actions or in connection with any other employee benefit plan, (d) Report to the HFSA Plan any use or disclosure of information that is inconsistent with the permitted uses or disclosures described herein, (e) Make PHI available to plan participants, consider their amendments and, upon request, provide them with an accounting of PHI disclosures; (f) Make its internal practices and records relating to the use and disclosure of PHI received from the HFSA Plan available to the United States Department of Health and Human Services; (g) If commercially reasonable, return or destroy all PHI received from the HFSA Plan and maintained in any form, retaining no copies of such information when no longer needed for the purpose for which the disclosure was made, except that, if such return or destruction is not commercially reasonable, limit further uses and disclosures to the purposes that make the return or destruction infeasible; (h) Permit only those employees of an Employer who are responsible for payment and health care operations under the HFSA Plan to receive PHI, (i) Restrict access to and use of PHI by the employees described in (h) above to the HFSA Plan administrative functions that the Employer performs for the HFSA Plan, except as otherwise allowed by HIPAA, �) Resolve any issues of noncompliance with HIPAA through intervention by an appropriate officer of the Employer, and (k) Ensure the adequate separation between the group health plan and the plan sponsor required in HIPAA as set forth in 45 CFR §164.504(f)(2)(11i). ARTICLE 8. DEPENDENT CARE ASSISTANCE PLAN 8.1 Dependent Care Assistance Account. The Committee shall establish for each Participant who elects the benefit option under this Article 8, a Dependent Care Assistance 12 .ft, Account for each Plan Year. Each Dependent Care Assistance Account shall contain zero dollars ($0 00) initially and at the commencement of each Plan Year 8.2 Increases in Dependent Care Assistance Account A Participant's Dependent Care Assistance Account for a Plan Year shall be increased each payroll period by the portion of the Participant's Pay Conversion Contributions for that Plan Year that he or she has elected to apply toward his or her Dependent Care Assistance Account in accordance with Section 4.2. 83 Decreases in Dependent Care Assistance Account. The balance in a Participant's Dependent Care Assistance Account for a Plan Year shall be reduced by the amount of any benefit paid to or on behalf of a Participant under Section 8.4. 8.4 Dependent Care Benefits. Subject to limitations contained in other provisions of this Plan, a Participant who elects the benefit option under this Article 8 and incurs Employment- Related Dependent Care Expenses during his or her Period of Coverage for a Plan Year shall be entitled to receive from the Plan full reimbursement for the entire amount of such expenses to the extent of the amount contained in the Participant's Dependent Care Assistance Account for that Plan Year However, no reimbursement shall be paid pursuant to this Article to the extent that an expense has been submitted for reimbursement from a Participant's Health Care Expense Account. 85 Reimbursement Procedures. In order to receive reimbursement for dependent care expenses under this Article 7 (a) The Participant must complete a Claim Form, attach a statement of service from the dependent care provider or other proof of claim, and forward the documents to the Administrator. The Participant must provide additional information reasonably requested by the Administrator (b) A request for reimbursement that exceeds the balance in the Participant's Dependent Care Assistance Account shall be processed only to the extent of the amount of the account balance. The excess shall be carried over to the following reimbursement period and processed at that time. However, after the Participant's Dependent Care Assistance Account has been exhausted, claims remaining unpaid at the end of the Plan Year shall be canceled In no event may 'Oak these claims be resubmitted during the following Plan Year, nor shall any unpaid claims be the liability of the Plan, the Employer, or the Administrator (c) A request for reimbursement must relate to Employment-Related Dependent Care Expenses incurred during the Participant's Period of Coverage For this purpose, the term "incurred" refers to when the dependent care services were provided (d) A request for reimbursement for Dependent Care Expenses incurred during a Plan Year must be received by the Administrator either during the Period of Coverage or on or before 90 days following the Period of Coverage. (e) Reimbursement, if made, shall be made by the Administrator directly to the Participant, which shall cause the Employer, the Plan, and the Administrator to be relieved of all further responsibility with respect to the expense reimbursed (f) The Employer may establish a minimum reimbursement amount 8.6 Separate Written Plan. For purposes of the Code, this Article shall constitute a separate written plan providing a program for the reimbursement of dependent care assistance 13 Ad., .. expenses To the extent necessary, other provisions of the Plan are deemed incorporated by reference in this Article 8 ARTICLE 9. FORFEITURES AND LIMITATIONS 9.1 Account Forfeitures. Any amounts contributed to a Participant's Health Care Expense Account or Dependent Care Assistance Account which have not been used to pay claims for benefits incurred by the end of each Period of Coverage after the period for filing claims has lawk expired shall be forfeited by a participant 9.2 Limitation on Contributions and Benefits for Certain Participants. The Committee shall determine, before or during any Plan Year, whether the Plan fails to satisfy for the Plan Year any nondiscrimination requirement imposed by the Code, or any limitation on benefits provided to Employees who are considered Highly Compensated Employees, Key Employees and/or 5% owners under applicable Code provisions The Committee shall take action that it deems appropriate, under rules uniformly applied to similarly situated Participants, to assure compliance with such requirements or limitations Such action may include, without limitation, a modification of elections by Highly Compensated Employees, Key Employees and/or 5% owners with or without the consent of such Employees ARTICLE 10. CLAIMS REVIEW PROCEDURES 10.1 Determinations. The Employer(or the Employer's designee) shall notify a Participant in writing within 30 days of his or her written application for benefits of his or her eligibility or non-eligibility for benefits under the Plan unless special circumstances require an extension of time for perfecting the claim Notice must be given to the claimant of the extension within 30 days of his or her submission of the claim The notice must specify the reason for the extension of the date with which a decision is expected to be rendered 10.2 Notice. If the Employer(or the Employer's designee) determines that a Participant is not eligible for all or part of the benefits, the notice shall set forth (a)the specific reasons for such denial, (b) a specific reference to the provision of the Plan on which the denial is based, (c) a description of any additional information or material necessary for the claimant to perfect his or her claim and a description of why it is needed, and (d)an explanation of the Plan's claims review procedure and other appropriate information as to the steps to be taken in the event the participant wishes to submit the denied claim for review. 10.3 Review. If a Participant is determined to be ineligible for benefits, or if the Participant believes that he or she is entitled to greater or different benefits, he or she shall have the opportunity to have his or her denied claim reviewed by the Committee by filing a petition for review with the Committee within 180 days after he or she received the claim denial notice. The petition shall state the specific reasons, which the Participant believes, entitle him or her to benefits or to greater or different benefits Within 60 days after the Committee receives the petition for review, the Committee shall afford the Participant(and his or her counsel, if any) an opportunity to present his or her position to the Committee orally or in writing, and the Participant(or his or her counsel) shall have the right to review the pertinent documents. 10.4 Decision. The Committee shall notify the Participant of its final decision in writing within the 60-day period after receiving the request for review stating specifically in writing the basis of the decision in a manner calculated to be understood by the Participant and the specific provisions of the Plan on which the decision is based. If a Participant dies, the same procedure shall apply to his or her beneficiaries ARTICLE 11 ADMINISTRATION AND FINANCES 14 11.1 Administration The Plan shall be administered by the Committee referred to in Section 2 1(e) The Committee shall consist of one or more members appointed by the Employer(the "Members") The Members of the Committee shall be the named fiduciaries (as described in ERISA§402) and the plan administrator(as described in ERISA §3(16)(A)) under the Plan 11.2 Powers of Committee. The Committee shall act by a majority of its then Members, by meeting or by writing filed without meeting, and shall have the following powers, rights and duties in addition to those vested in it elsewhere in the Plan- (a) To adopt rules of procedure and regulations it determines may be necessary for the proper and efficient administration of the Plan, consistent with the provisions of the Plan (b) To enforce the Plan in accordance with its terms and with rules and regulations adopted by the Committee (c) To determine all questions arising under the Plan, including claims for benefits, interpret the Plan, and to remedy ambiguities, inconsistencies or omissions. (d) To maintain adequate records concerning the Plan and its administration (e) To furnish the Employer with such information with respect to the Plan as they may require for tax or other purposes A written statement by a majority of Members or by an authorized Member that the Committee has taken or authorized any action shall be conclusive in favor of the person relying on the statement. 11 3 Delegation by the Committee. The Committee may employ agents and counsel (who may also be employed by or represent the Employer) and delegate to them such powers as the Committee deems desirable Any such delegations shall be in writing and shall reflect the unanimous action of the Members then acting The delegation shall describe the advice to be rendered or the functions and duties to be performed by the delegate Aoft 11.4 Uniform Rules. The Committee shall uniformly apply rules and regulations adopted by it to all persons similarly situated. 11.5 Information to be furnished to Committee. The Employer shall furnish the Committee such information as may be required by the Committee The records of the Employer as to an Employee's or Participant's period of employment, termination of employment, and compensation will be conclusive on all persons unless determined by the Committee to be incorrect Participants and other persons entitled to benefits under the Plan shall furnish to the Committee such evidence or information as it considers desirable to carry out the Plan 11.6 Committee Decisions Final. To the extent permitted by law, any interpretation of the Plan and any decision on any matter within the discretion of the Committee made by it in good faith are binding on all persons A misstatement or other mistake of fact shall be corrected when it becomes known, and the Committee shall make such adjustment on account thereof as it considers equitable and practicable. 11 7 Compensation and Expenses. No compensation shall be paid to any Member as such However, the reasonable expenses of a Member incurred in the performance of a 15 .... Committee function shall be reimbursed by the Employer in such proportions as the Employer decides. 11.8 Interested Committee Member. A Member may not decide any matter or question concerning his or her own benefits under the Plan unless such decision would be made by him or her under the Plan if not a Member 11.9 Resignation or Removal of Committee Member. A Member may resign at any time by giving advance written notice to the Employer, and the other Members The Employer may remove a Member at any time by giving advance written notice to him or her and the other Committee Members. 11.10 Appointment of Successor Committee Member. The Employer shall fill any vacancy in the membership of the Committee within a reasonable period of time and shall give prompt written notice thereof to the Committee Members While there is a vacancy in the membership of the Committee, the remaining Committee Members shall have the same powers as the full Committee until the vacancy is filled. 11 11 Indemnification of the Committee. To the extent permitted by law, the Committee and its individual Members shall be indemnified by the Employer, and held harmless by the Employer against, any and all liabilities, losses, costs, or expenses (including legal fees and expenses) of whatsoever kind and nature that may be imposed on, incurred by, or asserted against the Committee or its Members at any time by reason of the performance of a Committee function, but only if the Committee or its Members did not act dishonestly or in a willful violation of the law or regulation under which such liability, loss, cost, or expense arose 11.12 Finances. The costs of the Plan shall be borne by City of Apache Junction. For purposes of this Plan, Pay Conversion Contributions shall be deemed to be contributions by the Employer ARTICLE 12. AMENDMENTS AND TERMINATION 121 Amendments. The Employer may amend the Plan, in full or in part, at any time Any amendment shall be timely filed with the Plan documents and reasonable notification provided AlMhk to Employees 12.2 Benefits Provided Through Third Parties. In the case of any benefit provided pursuant to any insurance policy or other contract with a third party, the Employer may amend the Plan by changing insurers, policies or contracts without changing the language of this Plan document, provided that copies of the contracts or policies are filed with the Plan documents and the Participants are reasonably informed (to the extent required by law) as to the effects of any such changes If there is any perceived conflict or inconsistency at any given point in time among the description of benefits contained in the contract or policy and the other Plan documents, the terms of the contract or policy shall control 12.3 Termination. The Employer intends the Plan to be permanent, but necessarily must, and does, reserve the right to terminate the Plan at any time In the event of a Plan termination, Pay Conversion Contributions will cease Thereafter neither the Employer nor any of its Employees shall have any further financial obligations under the Plan except such that have accrued up to the date of termination and have not been satisfied ARTICLE 13. MISCELLANEOUS 16 13.1 No Guaranty of Employment. The adoption and maintenance of the Plan shall not be deemed to be a contract of employment between the Employer and any Employee Nothing contained in the Plan shall give any Employee the right to be retained in the employ of the Employer or to interfere with the right of the Employer to discharge any Employee at any time, nor shall it give the Employer the right to require any Employee to remain in its employ or to interfere with the Employee's right to terminate his or her employment at any time 13.2 Limitation on Liability. The Employer does not guarantee benefits payable under any insurance policy, health savings account, or other similar contracts described or referred to in .-. the Plan, and any benefits thereunder shall be the exclusive responsibility of the insurer or other entity that is required to provide such benefits under the policy, account, or contract. 13.3 Non-Alienation. No benefit payable at any time under this Plan shall be subject in any manner to alienation, sale, transfer, assignment, pledge, attachment, or encumbrance of any kind. 13.4 Exclusive Benefit. The Plan shall be maintained for the exclusive benefit of Employees Benefits shall be paid only in accordance with the Plan's terms. Reasonable expenses of administering the Plan may be paid only in accordance with the Plan's terms 13.5 Applicable Law. The Plan and all rights under the Plan shall be governed by and construed according to the laws of the State of AZ, except to the extent preempted by Federal Law. IN WITNESS WHEREOF, the Employer has caused this Plan to be executed on the date specified below City of Apache Junction Apache Junction, AZ By. (signature) Name Title Date 17 R^ City of Apache Junction, Arizona 300 E Superstition o Boulevard S Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 4 File ID 15-191 Sponsor Joel Stern Agenda Date 6/16/2015 Index In Control City Council Meeting Consideration and approval of separation agreement between City Manager George Hoffman and the City of Apache Junction City Manager George Hoffman has decided to end his employment with the City of Apache Junction after approximately 28 years of public service A separation agreement has been negotiated and if approved will take effect on June 30, 2015 Attachments. City of Apache Junction,Arizona Page 1 Printed on 6/9/2015 SEPARATION AGREEMENT BETWEEN CITY OF APACHE JUNCTION AND GEORGE R. HOFFMAN This SEPARATION AGREEMENT is made and entered this day of , 2015 by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation (hereinafter the "City") and GEORGE R. HOFFMAN (hereinafter "Employee"), both collectively being referred to as the "Parties", or individually as a "Party". RECITALS A. Employee began employment with the City on October 19, 1987, and has served as a full-time City Manager for City since December 4, 2002, and is now voluntarily separating from service with the City. B. It is the desire of City and Employee to enter into a written agreement (the "Agreement") in order to establish their respective rights, duties and obligations, resolve all claims and differences that may currently exist or that in the future may arise, and generally releases City from other claims or other matters that may not be specifically set forth hereinafter. AGREEMENT 1. Separation from Service. With legal consideration being received herein, City hereby permits and accepts Employee's separation from service with City effective 6:00 p.m. June 30, 2015. 2. Employment Information. City will after execution of this Agreement provide employment information to any prospective employers of Employee, such as Employee's name, title held, hire dates, and salary. 3. Consideration. Upon execution of this Agreement, the Parties agree the legal consideration of this Agreement consists of the following: 1) Employee is being provided an accrued benefits payment as more fully set forth in Section 16 below; 2) Employee promises not to file any action against the City; and 3) City promises not to protest any unemployment claim Employee chooses to file with the State of Arizona. 4. Release and Covenant Not To Sue. Employee agrees that he will not initiate or cause to be initiated against the City or any of its current, past, or future agents, attorneys, insurers, council members, elected officials, employees, subsidiaries, affiliated entities, or any person or entity acting by, through, under or in concert with it, in both their personal and official capacities (collectively referred to as "Released Parties") any lawsuit, compliance review, action, grievance proceeding or appeal, investigation or proceeding of any kind (collectively referred to as "claims"), or participate in same, individually or as a representative or a member of a class, under any contract (express or implied), law or regulation (federal state or local), including but not limited to claims pertaining to or in any way related to his employment or termination of his employment with City. Employee agrees that pursuant to this Agreement, he releases and forever discharges City and the other Released Parties from any and all claims, demands, damages, causes of action, and any liability whatsoever, including but not limited to claims on account of or in any manner arising out of Employee's employment or separation from service with City. By way of example only, and without limiting this release, Employee releases City and the other Released Parties from any cause of action, right, claim or liability under Title VII of the 1964 Civil Rights Act, as amended, the Family and Medical Leave Act, the United States Constitution or Arizona Constitution, the Arizona Wage Statute, the Arizona Civil Rights Act, the Older Worker's Benefit Protection Act, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and any other equal employment opportunity law or statute, any due process or other constitutional theory, any Arizona statute, any federal statute, any common law claim including wrongful discharge, implied or express contract, the covenant of good faith and fair dealing, or any other claim in tort or contract arising under any theory of the law. Employee understands and acknowledges that this release forever bars him from suing or otherwise asserting a claim against City or the other Released Parties on the basis of any event occurring on or before the effective date of this Agreement, whether the facts are now known or unknown, and whether the legal theory upon which such claim might be based is now known or unknown. 5. Provision for Unknown Claims. Employee warrants that he does not have any claim, charge, or complaint, either formal or informal, pending against City or any of the other Released Parties with any court, tribunal, administrative agency, governmental agency, or other such body. 6. Bar. Employee agrees that this Agreement may be pleaded as a complete bar to any action or suit with respect to any claim under federal, state or other law including, but not limited to, any claim relating to his employment or termination of employment from City. 7. Indemnification. Employee agrees to indemnify and hold harmless City and the other Released Parties from and against any and all loss, costs, damages or expenses, including attorney fees without limitation, arising out of a breach of this Agreement or the fact that any representation made herein was false when made. 8. Denial of Liability. No provision of this Agreement shall be construed as an admission by Employee or City of improper conduct, omissions or liability. 2 9. Notice of Time for Reflection. Employee is advised as follows pursuant to the Older Workers' Benefit Protection Act, because he is over 40 years of age and in this Agreement he waives claims for age discrimination: (a) This Agreement constitutes written notice from City that Employee should consult with an attorney before signing this Agreement, and he acknowledges that he has fully discussed all aspects of this Agreement with his attorney to the extent he desires to do so. (b) Employee has carefully read and fully understands all of the provisions of this Agreement and he is voluntarily entering into this Agreement. (c) As part of this Agreement, Employee has been provided with consideration in addition to anything of value to which he is already entitled. (d) Because he is over 40 years of age, prior to waiving claims for age discrimination that Employee may have under the Age Discrimination in Employment Act, he may take up to twenty-one (21) calendar days to consider this Agreement before signing it. (e) In the event Employee chooses to sign this Agreement prior to the expiration of twenty-one (21) calendar days, Employee acknowledges that he voluntarily and knowingly agrees to waive his entitlement to take 21 days to consider this Agreement for the purpose of expediting the payment outlined in Section 16. (f) Employee may revoke this Agreement within seven (7) calendar days after he signs this Agreement. If Employee wishes to revoke this Agreement, he or his counsel will notify City in writing, addressed to the Assistant City Manager at 300 E. Superstition Blvd., Apache Junction, AZ, 85119, delivered on or before the expiration of the revocation period, and will return the payment referenced in Section 2 in the form of a money order made payable to the "City of Apache Junction". (g) If Employee does not revoke this Agreement before the expiration of the seven (7) calendar day revocation period, the Agreement will become irrevocably effective and enforceable on the eighth (8th) calendar day after Employee signs it. (h) Employee is aware he is not waiving any rights or claims that may arise after the date this Agreement is executed. 3 (i) Employee understands that he is waiving all rights and claims he has or may have under the Age Discrimination in Employment Act, 29 U.S.C. Section 626, et seq., and any other federal, state, or municipal law or regulation relating to age discrimination. 10. Return of Property. Employee shall immediately return all property of City in his possession, including, but not limited to, any keys or electronic key cards for City's facilities and any identity badges. 11. Mutual Understandings. This Agreement has been freely and fairly negotiated by the Parties hereto and each Party has been provided the opportunity to have the Agreement reviewed by legal counsel of their choice and own expense and to modify the terms hereof and, therefore, this Agreement shall be construed and interpreted without any presumption, or other rule, requiring construction or interpretation against the interest of the Party causing this Agreement to be drafted The Parties acknowledge this Agreement is subject to the Arizona Public Records Act. 12. Complete Agreement. This Agreement sets forth the entire Agreement between the Parties. 13. Choice of Law. This Agreement shall be construed, enforced, and governed by the laws of the State of Arizona, Pinal County, no matter where one of the Parties may be located when they signed the Agreement. The Parties waive any change of venue rights they may have. 14. Severability. City and Employee each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or City Code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the City and Employee as if such severance and reformation were not required. Unless prohibited by applicable laws, the City and Employee further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 15. Effective Date. This Agreement is effective upon expiration of the seven- day revocation period outlined in Section 9. 4 ANW4 AM& 16. Payment City will provide Employee payment of all accrued sick, vacation, and personal leave time as well as the value of all medical and dental insurance premiums, deferred compensation and 401A Plan contributions, life insurance premiums, mobile device stipends and gas and car allowance had employee remained in City service through October 1, 2015 in a total amount not to exceed $98,423.91, less applicable state and federal withholding taxes and social security and medicare contributions as required by law. City shall provide Employee the payment in person or through the U.S. mail on or before 6:00 p.m., July 1, 2015. IN WITNESS WHEREOF, and intending to be legally bound hereby, the I parties hereto have set their hands and seals the day and year first above written. EMPLOYEE: I George R. Hoffman Date CITY: John S. Insalaco Date Mayor ATTEST: Kathleen Connelly City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney 5 'Aft, IdMl City of Apache Junction, Arizona 300 E Superstition Boulevard ' Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 5 File ID: 15-192 Sponsor- Joel Stern Agenda Date-6/16/2015 Index In Control City Council Meeting Consideration of appointment of Bryant Powell as city manager and approval of employment agreement between the City of Apache Junction and Bryant Powell In contemplation of Mr Hoffman's departure from city service, the mayor and city council completed a recruitment for the position of city manager Assistant City Manger Bryant Powell has been selected for the position Pursuant to Apache Junction City Code Section 3-1-2, the mayor and city council shall appoint the city manager at a public meeting. Mr. Powell and the council have recently discussed the employment terms for serving as city manager as reflected in the proposed agreement and approval of the agreement will secure the appointment of Mr Powell as city manager effective July 1, 2015 Attachments. City of Apache Junction,Arizona Page 1 Printed on&SI2015 CITY MANAGER EMPLOYMENT AGREEMENT WITH BRYANT POWELL THIS AGREEMENT is made and entered into this day of , 2015 by and between the CITY OF APACHE JUNCTION, an Arizona municipal corporation ("City") and BRYANT POWELL ("Employee") both of whom understand the following: RECITALS A. Employee was first hired by the City in 2001 as an Assistant to the City Manager and then promoted in 2004 to Assistant City Manager, a position he has continuously held to the present. B. The City Council of the City of Apache Junction, Arizona ("Council") has now decided to promote and appoint Employee to the position of City Manager pursuant to A.R.S. § 9-303 and Apache Junction City Code ("A.J.C.C."), Vol. I, Chapter 3, Administration, Article 3-1, City Manager, § 3-1-2, Office of City Manager Created. C. Employee, as City Manager, shall serve at the pleasure of the Council. D. It is the desire of the Parties to enter this Employment Agreement to set forth the terms and conditions by which the City shall receive and retain the services of Employee and to provide for him to remain in such employment, to make possible full work productivity by assuring his peace of mind with respect to future security, and to provide for terminating his services at such time as he may be unable to fully discharge his duties and when Council may otherwise desire to terminate the employment relationship. AGREEMENT _ NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree as follows: SECTION 1. DUTIES Effective July 1, 2015, Council hereby agrees to employ Employee as City Manager to assume the powers of and perform the functions and duties specified in the A.J.C.C., Vol. I, Chapter 3, Administration, Article 3-1, City Manager, § 3-1-8, Power and Duties, and the City Manager job description on file with the Human Resources Division (hereinafter combined as the "City Manager" function). 1 SECTION 2. AT-WILL STATUS A. Employee shall fulfill the powers, functions and duties of City Manager and shall serve at will in this capacity subject to the Termination provisions pursuant to Section 3, below. B. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Council to terminate the services of Employee at any time subject only to the provisions set forth in Section 3 below. C. Nothing in this Agreement shall prevent, limit or otherwise interfere with the right of Employee to resign at any time from his position as City Manager, subject only to the provisions set forth in Section 3 below. D. Employee agrees to remain in the exclusive employ of City and further agrees neither to accept other employment nor to become employed by any other employer without Council approval, or until this Agreement is terminated. SECTION 3. TERMINATION / RESIGNATION A. In the event the Council desires to terminate this Agreement with Employee, an affirmative vote of four (4) or more members of the Council at any regular meeting or special meeting is required and the removal procedures set forth in A.J.C.C., Vol. I, Chapter 3, Administration, Article 3-1, City Manager, § 3-1-10 shall be observed. B. If Council terminates Employee pursuant to sub-section A above, a lump sum payment equal to four (4) months of Employee's then current aggregate salary, the value of Employee's health, dental and life insurance - premiums and Deferred Compensation 457 Plan amounts for four (4) months, will be paid to Employee, in addition to all accrued vacation and sick leave in accordance with the then existing Personnel Rules as other employees receive at the time of termination/separation from service. These amounts are deemed as fully earned at the time any termination decision is made official. Employee shall sign a Waiver and Release of all claims and causes of action against the City in order to process this pay out provision. C. In the event Employee resigns on his own volition, Employee shall be paid his accrued salary, vacation and sick leave in accordance with the then existing Personnel Rules as other employees receive at the time of termination/separation from service. However, if he resigns, he shall give Council ninety (90) calendar days' written notice of such resignation. Council may choose to accept and effectuate his resignation before the end of the ninety (90) calendar day period, in which case the City shall pay 2 Employee a lump sum cash payment equal to his unpaid accrued salary, vacation and sick leave, as the then existing Personnel Rules allow, through and to Employee's initially announced last day. D. In the event Employee is terminated because of a conviction relating to any felony, Council shall have no obligation to make any extra payment referenced in subsection (A) except for all of Employee's accrued salary, vacation and sick leave in accordance with the then existing Personnel Rules as other employees receive at the time of termination/separation from service. Council reserves the right to suspend any payment referenced in subsection (A) while felony charges are pending, or during any proceedings which involve a felony conviction. SECTION 4. SALARY A. Effective July 1, 2015, City agrees to pay Employee One Hundred Fifty Thousand Dollars ($150,000.00) per annum for services, payable in installments at the same time as other employees of the City are paid. Employee and City may negotiate additional compensation and benefit terms as they deem fit at any time this Agreement is in effect. Council shall conduct an evaluation of Employee starting in April of each year this Agreement is in effect. B. City shall also pay Employee any cost of living, base wage adjustment or any other general increase which is passed and adopted by the City Council applicable to all City employees at any time when this Agreement is in effect. SECTION 5. AUTOMOBILE City will provide Employee a vehicle and gasoline allowance of Four Hundred and Fifty dollars ($450.00) per month. SECTION 6. OTHER SUPPLEMENTAL BENEFITS A. Vacation Leave. Employee shall on a fiscal year basis accrue One Hundred Forty Four (144) hours, or whatever amount the then current Personnel Rules dictate, whichever is higher. B. Sick Leave. Employee shall on a fiscal year basis accrue Ninety-Six (96) hours, or whatever amount the then current Personnel Rules dictate, whichever is higher. C. Accrual Rollover. All of Employee's Assistant City Manager accrued vacation and sick leave balances shall roll over into his new position as City Manager. 3 D. Other Benefits. All action taken by Council relating to fringe benefits for employees in the executive ranges shall be considered actions granting the same benefits to Employee. The term "fringe benefits" include but are not limited to vacation, sick leave, holidays, retirement, health, dental, vision, long-term disability and life insurance. E. Professional Dues and Seminar Costs. Within the departmental budget, City will pay for all seminars and educational programs which relate to municipal issues and those which assist the City Manager in the performance of his duties. F. Deferred Compensation. Employee may contribute to City's approved Deferred Compensation 457 plan the maximum amount allowable under I.R.S. rules and regulations during each calendar year this Agreement is in effect. Per each fiscal year this Agreement is in effect, City shall contribute into any approved 457 Deferred Compensation Plan on behalf of Employee, the value of the health and dental premiums Employee is paying for himself and his family. SECTION 7 INDEMNIFICATION City shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or any other legal action, whether groundless or otherwise, arising out of any alleged act or omission occurring in the course and scope of performance of Employee's functions and duties. City will compromise and settle any such claim or suit and pay the amount of all settlements or judgments rendered against Employee and/or City. SECTION 8. OTHER TERMS AND CONDITIONS Council, in consultation with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of Employee, provided such terms and conditions are not inconsistent with or conflict with the provisions of this Agreement, the Apache Junction City Code, or any other statute, ordinance or regulation. SECTION 9. NOTICES Notices pursuant to this Agreement shall be in writing and be given by: 1) personal delivery by the party or their agent; or 2) deposit in the custody of the United States Postal Service, postage prepaid, return receipt requested, or private sector overnight or one-day service and addressed as follows or as such address may be changed from time to time upon notice to the other: 4 City: Mayor John Insalaco City of Apache Junction 300 East Superstition Boulevard Apache Junction, AZ 85119 Employee: Br ant Powell Apache Junction, AZ SECTION 10. ATTORNEY FEES In the event it becomes necessary for either Party to bring legal action to enforce any provision of this Agreement, the Parties agree that the prevailing party shall be entitled to attorney fees. SECTION 11. ENTIRE AGREEMENT This Agreement contains the entire agreement between the Parties. No other promises, representations, warranties, or covenants have been relied on by either Party in executing this Agreement. SECTION 12. ASSIGNMENT This Agreement is not assignable by either City or Employee. SECTION 13. SEVERABILITY City and Employee each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring City to do any act in violation of any applicable laws, including any constitutional provision, law, regulation, or city code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect; provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed agreement (and any related agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the City and Employee as if such severance and reformation were not required. Unless prohibited by applicable laws, the City and Employee further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. IN WITNESS WHEREOF, City and Employee have caused this Agreement to be executed the day and year first above written. 5 EMPLOYEE By: Date Bryant Powell CITY OF APACHE JUNCTION, an Arizona municipal corporation By: Date John S. Insalaco, Mayor ATTEST: Kathleen Connelly, City Clerk APPROVED AS TO FORM: Richard J. Stern, City Attorney 6 SZ' City of Apache Junction, Arizona 300ESuperstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No.6. . File ID: 15-197 Sponsor- Thomas Kelly Agenda Date.6/16/2015 Index- In Control: City Council Meeting r. Consideration of approval of Resolution No 15-23, authorizing the City of Apache Junction to enter into an Intergovernmental Agreement with Pinal County for Animal Control Services This agreement was presented to the mayor and city council on May 5th and and has already been approved by the Pinal County Board of Supervisors This agreement enables the city to call upon the county in emergency situations when city services are not available for euthanizing animals, conducting rabies investigations, and emergency boarding and maintenance of animals. Attachments, r City of Apache Junction,Arizona Page 1 Printed on 6,912015 .•, RESOLUTION NO. 15-23 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR ANIMAL CONTROL SERVICES. WHEREAS, Pinal County, a political subdivision of the State of Arizona ("County") and the City of Apache Junction, an Arizona municipal corporation ("City") , desire to enter into an Intergovernmental Agreement ("IGA") allowing County to provide emergency animal control services to the City of Apache Junction, and WHEREAS, County maintains a region-wide animal control facility; and WHEREAS, City is interested in contracting with County to assist City in certain animal control services on an as-needed basis, to include emergency euthanasia and rabies procedures, as well as emergency boarding and care services; and WHEREAS, this mutual cooperation would result in public savings and governmental efficiencies; and WHEREAS, pursuant to A.R. S . § 11-952 (A) , public entities may enter into intergovernmental agreements with one another for joint or cooperative activities . NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION ARIZONA, AS FOLLOWS : 1) The Mayor and City Council approve the Intergovernmental Agreement regarding animal control services, a copy of which is set forth in Attachment "A". 2 . City staff shall record such document in the Pinal County Recorder' s office within sixty (60) days after full execution by all Parties . PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2015. RESOLUTION NO. 15-23 PAGE 1 OF 2 Ask A00k SIGNED AND ATTESTED TO THIS DAY OF 2015. JOHN S . INSALACO Mayor Amwk ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney /ok RESOLUTION NO 15-23 PAGE 2 OF 2 INTERGOVERNMENTAL AGREEEMENT BETWEEN CITY OF APACHE JUNCTION AND PINAL COUNTY FOR ANIMAL CONTROL SERVICES THIS AGREEMENT is made and entered into this day of , 2015, by and between THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation (hereinafter referred to as"City") and PINAL COUNTY, a political subdivision of the State of Arizona (hereinafter referred to as "County"), both collectively being referred to herein as the "Parties", or individually as a "Party" RECITALS: A. Animal control services provided to City residents are sometimes limited to when its animal control facility (known as the Paws and Claws Care Center at 725 E. Baseline Road, Apache Junction, AZ) is open. B. County maintains a region wide animal control facility located at 1150 South Eleven Mile Corner, Casa Grande,AZ. C. The City is interested in contracting with the County to assist City in certain animal control services on an as-needed basis, to include emergency euthanasia and rabies procedures, as well as emergency boarding and care services. D. This mutual cooperation would result in public savings and governmental efficiencies. E The Parties have the desire to assist each other and are each authorized to enter this Agreement pursuantto A.R.S. § 11-951, etseq. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises contained herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the Parties agree as follows: 1. PURPOSE: The purpose of this Agreement is to set forth the services provided between the Parties. 2. CITY AND COUNTY ANIMAL CONTROL SERVICES A. EUTHANASIA SERVICES i. County's Obligations: a. At the request of the City and within two (2) hours of contact, provide euthanasia services when City personnel are not available, or in any emergency situation as determined by the City. When responding to a request for euthanasia services, County retains complete discretion regarding the need for the animal to be euthanized. ii_ City's Obligations: a. City will reimburse County for any expenses incurred when providing euthanasia services including the cost of materials and personnel as set forth in Exhibit A. B. RABIES TESTING 1. County's Obligations: a. At the request of City, County shall initiate post-exposure prophylaxis on animals. b. When requested by the City to investigate a rabies exposure the County will work with county and state health department officials to determine appropriate action and carry out the appropriate actions. ii. City's Obligations: a. After mandatory ten (10) day quarantine, City shall contact County prior to animal euthanasia in order to provide County sufficient time to respond to the request for such service. b. If the animal is unable to complete the ten (10) day quarantine due to illness or other circumstances, City shall contact County as soon as City becomes aware of the need for County services. C. BOARDING SERVICES i. County's Obligations: a. County shall provide City with animal boarding services upon request subject to available space limitations. 2 b. While boarded with County, County shall provide animals with adequate food, water and shelter to maintain an animal in a healthy condition. c. County shall provide any animals in their control with a standard of care equal to or greater than the standard of care the animal would have received if under the care of City ii. City's Obligations: a City shall reimburse County for the cost associated with boarding as set forth in Exhibit A. b. City shall deliver animals to be boarded to the County facility unless other arrangements are made with the County in advance. E. TEMPORARY ANIMAL CONTROL ASSISTANCE i. County's Obligations: a. County shall provide temporary short term animal control services to City when City determines its own staff is not able to provide services as needed. b. County shall provide assistance to the Apache Junction Police Department as well as the public with typical animal control related activities including but not limited to containing animals at large, assisting animals in distress, responding to animal bites, and transporting animals to appropriate animal care facility when necessary and requested by the City. ii. City's Obliqations: a. City shall reimburse County for the cost associated with temporary animal control assistance and related services as described above and monetarily set forth in Exhibit A. 3. INDEMNIFICATION AND INSURANCE: To the extent permitted by law, the Parties covenant and agree to fully indemnify, hold harmless and defend each other and their directors, council members, board members, officers, agents, servants and employees from and against any and all claims or actions of whatsoever kind of character, whether real or asserted, arising out of or in connection with this Agreement, except to the extent such claims or suits arise out of or are based upon acts or omissions by each Party or their directors, 3 council members, board members, officers, servants, employees or agents. If any action or claim shall be brought or asserted against either Party their directors, council members, officers, agents, servants or employees for which indemnity may be sought from either Party, then the Parties shall promptly notify each other in writing. The Parties agree to within ten (10) working days of receiving such notice, assume the defense of each other, and the payment of all expenses, including any attorney fees and all court costs which shall be paid as incurred. This indemnification provision shall apply to any and all acts or omissions, willful misconduct or negligent conduct, whether passive or active, on the part of the Parties, their directors, council members, board members, employees and agents. It is understood and agreed that either Party may elect to self-insure or obtain insurance through their pooling agreement with other governmental entities against any or all of the risks related to this Agreement. The Parties shall provide each other with a current insurance certificate or other evidence of coverage as appropriate. This section shall survive the expiration or early termination of this Agreement. 4. DURATION OF AGREEMENT/TERMINATION: This Agreement shall be valid for an ititial term of two (2) years and shall automatically be renewed every year thereafter. City and County shall conduct a joint review of the Agreement each year within 30 days of the anniversary of the effective date, to determine if changes are required. Either Party may terminate this Agreement for any reason upon sixty (60) calendar days' written notice to the other Party by first class certified mail, postage prepaid, or by overnight delivery addressed to the other Party as setforth in Section 9 of this Agreement. 5. BINDING EFFECT/ASSIGNMENT: The obligations and rights created in this Agreement are binding upon and shall inure to the benefit of the Parties and their successors, assigns and legal representatives. Neither Party may assign its rights under this Agreement without the prior written approval of the other Party. Such successor or assignee shall assume, in writing, all duties and obligations hereunder of the prior Party and shall further agree to be bound by and to fully perform the terms of this Agreement. 6. ENTIRE AGREEMENT: This instrument contains the entire Agreement between the Parties hereto with respect to the subject matter contained in it and supersedes all prior and contemporaneous agreements, discussions and representations related thereto. No supplement, modification or amendment hereof shall be binding and effective unless in writing and signed by all of the Parties. 7. SEVERABILITY. The Parties each believe that the execution, delivery and performance of this Agreement are in compliance with all applicable laws. However, in the unlikely event that any provision of this Agreement is declared void or unenforceable (or is construed as requiring the Parties to do any act in violation of any applicable laws, including any 4 constitutional provision, law, regulation, or city or county code), such provision shall be deemed severed from this Agreement and this Agreement shall otherwise remain in full force and effect, provided that this Agreement shall retroactively be deemed reformed to the extent reasonably possible in such a manner so that the reformed Agreement (and any related Agreements effective as of the same date) provide essentially the same rights and benefits (economic and otherwise) to the Parties as if such severance and reformation were not required. Unless prohibited by applicable laws, the Parties further shall perform all acts and execute, acknowledge and/or deliver all amendments, instruments and consents necessary to accomplish and to give effect to the purposes of this Agreement, as reformed. 8. GOVERNING LAW, VENUE AND ATTORNEY FEES: The terms and conditions of this Agreement shall be governed by and interpreted in accordance with the laws of the State of Arizona. Any action at law or in equity brought by either Party for the purpose of enforcing a right or rights provided for in this Agreement shall be tried in a court of competent jurisdiction in Pinal County, Arizona. The Parties hereby waive all provisions of law providing for a change of venue in such proceeding to any other county. In the event either Party shall bring suit to enforce any term of this Agreement or to recover any damages for and on account of the breach of any term or condition in this Agreement, it is mutually agreed that the prevailing Party in such action shall recover all costs including all litigation and appeal expenses, collection expenses, reasonable attorneys' fees, necessary witness fees and court costs to be determined by the court in such action. 9. INVESTIGATION INVOLVING ELECTED OFFICIALS/EMPLOYEES AND THEIR RELATIVES: The Parties acknowledge the complexities Involving conflicts of interest that arise when their public entity elected officials, employees and relatives thereto are investigated for animal code violations. Consequently, the Parties agree to undertake these sensitive investigations when such requests are timely provided. The Parties reserve the right to decline acceptance of such requests if they determine they cannot adequately handle the matters based on lack of personnel or financial resources. 10. NOTICES: All notices and insurance certificates required under this Agreement shall be sent as follows: If to City: Administrative & Support Services Commander Apache Junction Police Department 300 East Superstition Blvd. Apache Junction, AZ 85119 5 And courtesy copy to: City Attorney City of Apache Junction 300 East Superstition Blvd. Apache Junction, AZ 85119 If to County: Pinal County Animal Care and Control Director 1150 South Eleven Mile Corner Casa Grande, AZ 85194 And courtesy copy to: Pinal County Attorney P.O. Box 887 Florence, AZ 85132 10. CONFLICTS OF INTEREST: The provisions of A.R.S § 38-511 relating to cancellation of contracts due to conflicts of interest shall apply to this Agreement. IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be duly executed as of the day and year first above written. PINAL COUNTY, a political subdivision of XA� the State of Arizona By: Cheryl Chase',/ Pinal County Board of Supervisors Chairwoman A EST: Sheri Cluff, Pinal County Clerk of the Board THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By: John S. Insalaco, Mayor ATTEST- Kathleen Connelly, City Clerk 6 COUNSEL APPROVAL AS TO FORM have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the taws of the State of Arizona. ando Voyles, Pinal C my Attorney Date 1 have read this Agreement and have determined such Agreement is in proper form and is entered into within the powers of and authority granted under the laws of the State of Arizona. Richard J. Stern, Apache Junction City Attorney Date 7 EXHIBIT A RATES OF REIMBURSEMENT Services Fees -- After hours emergency response $50.00 Animal disposal-owned $25.00 Daily maintenance fee-dog aggressive/quarantine $20 00 Daily maintenance fee-dog or cat $15.00 Disposal fee-euthanasia $15.00 Euthanasia-owned animals at shelter $50.00 Field tranquilization for aggressive animals $35 00 Impound-initial fee for licensed dog $20 00 Impound-initial fee for unlicensed dog $35.00 Impound- initial fee for feline $20.00 Miscellaneous Animal Control Containment, $ /hr. attending to distressed animals in the field, animal bites, and associated transportation Quarantine $225.00 _ Recovery fee for impounded animal $50.00 Temporary Animal Control Services-Monday through Friday from 7:00 a.m. to 7:00 p.m. $42.001hr. Temporary Animal Control Services-Monday through Friday from 7.00 p.m. to 7:00 a.m , weekends and holidays $63.00/hr. 8 ROLL CALL VOTE NOTES: Atgftk ITEM # MEETING OF MOTION BY: SECONDED BY YES NO ABSTAINED COUNCILMEMBER WALDRON ! COUNCILMEMBER EVANS V COUNCILMEMBER SERDY VICE MAYOR BARKER COUNCILMEMBER WILSON COUNCILMEMBER RIZZI MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ^. .� Aomk CONSENT AGENDA ITEM NOS. 1-6 I MOVE THAT THE CONSENT AGENDA BE ACCEPTED AS PRESENTED; AND THAT RESOLUTION NO. 15-24, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING EXECUTION AND ADOPTION OF THE SECOND AMENDMENT TO THE CITY OF APACHE JUNCTION EMPLOYEE FLEXIBLE BENEFIT PLAN, BE APPROVED; AND THAT APPROVAL BE GIVEN FOR THE SEPARATION AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND CITY MANAGER GEORGE HOFFMAN, EFFECTIVE JUNE 30, 2015; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT, PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY; AND THAT APPROVAL BE GIVEN FOR THE APPOINTMENT OF BRYANT POWELL FOR THE POSITION OF CITY MANAGER, EFFECTIVE JULY 1, 2015, THAT APPROVAL BE l'"' GIVEN FOR THE CITY MANAGER EMPLOYMENT AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND BRYANT POWELL; AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT, PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY, AND THAT RESOLUTION NO 15-23, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA, AUTHORIZING THE CITY OF APACHE JUNCTION TO ENTER INTO AN INTERGOVERNMENTAL AGREEMENT WITH PINAL COUNTY FOR ANIMAL CONTROL SERVICES, BE APPROVED `& City of Apache Junction, Arizona 300 E Superstition Boulevard b'. Agenda Item Cover Sheet Apache Junction,AZ 85119 zi Agenda Item No.7 1 _ File ID: 15-170 Sponsor Bryant Powell Agenda Date-6/16/2015 Index. In Control City Council Meeting Presentation of 35 Year Service Award to Keith Bedwell of the Public Works Department Attachments, City of Apache Junction,Arizona Page 1 Printed on 61912015 City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 8. File ID 15-33 Sponsor Bryant Powell Agenda Date:6/16/2015 Index In Control-City Council Meeting City manager's report Attachments- City of Apache Junction,Arizona Page 1 Printed on 611012015 PUBLIC HEARING /'A 1. For APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 FOR JULY 25, 2015 FOR"DAY OF THE COWBOY" 2. Will CITY CLERK KATHLEEN CONNELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. 300E Superstition 4 City of Apache Junction, Arizona A. Boulevard "t Os Agenda Item Cover Sheet Apache Junction,AZ 85119 r �+f Agenda Item No.9. File ID: 15-206 Sponsor Kathy Connelly Agenda Date:6/16/2015 Index Local/State/Federal Statutory Requirement In Control: City Council Meeting Consideration of an application for a special event liquor license for Elks Lodge#2349 located at 2455 N Apache Trail for July 25, 2015 for the"Day of the Cowboy" event The next step in the procedure is for the council to hold a public hearing and make a recommendation for approval or denial to be forwarded to the Arizona Department of Liquor Licenses and Control Attachments. City of Apache Junction,Arizona Page 1 Printed on 611012015 JUNE 3, 2015 MEMORANDUM TO HONORABLE MAYOR AND CITY COUNCIL MEMBERS THROUGH- GEORGE R HOFFMAN, CITY MANAGER THROUGH: KATHLEEN CONNELLY, CITY CLERK FROM: JAN MASON, DEPUTY CITY CLERK SUBJECT AGENDA ITEM FOR JUNE 16, 2015: APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 An application for a special event liquor license has been submitted by Mr Ralph Henderson of Elks Lodge #2349 for July 25, 2015, at 2455 N Apache Trail, Apache Junction for their"Day of the Cowboy" event Correspondence has been received from the planning division, police department and fire district, a copy of which is attached. The building division is still pending and will be forwarded upon receipt. The next step in the procedure is for the City Council to hold a public hearing on the application and make a recommendation for approval or denial to be forwarded to the State Department of Liquor Licenses and Control FOR DLLC USE ONLY Arizona Department of Liquor Licenses and Control Event date(s) 800 W Washington 5th Floor Phoenix AZ 85007-2934 www.azliquor gov Event time start/end* (602) 542-5141 APPLICATION FOR SPECIAL EVENT LICENSE Fee= $25.00 per day for 1-10 days (consecutive) A service fee of$25 00 will be charged for all dishonored checks (A.R.S. §446852) IMPORTANT INFORMATION:This document must be fully completed or it will be returned. The Department of Liquor Licenses and Control must receive this application ten (10) business days prior to the event. If the special event will be held at a location without a permanent liquor license or It the event will be on any portion of a location that is not covered by the existing liquor license, this application must be approved by the local government before submission to the Department of Liquor Licenses and Control(see Section 15). SECTION 1 Name of Organization B.P.O. ELKS#2349 SECTION 2 Non-Profit/IRS Tax Exempt Number: 501 (C) (8) - B.P O GROUP 1156 SECTION 3 The organization Is a (check one box only) []Charitable (501.C) ElFraternal (must have regular membership and have been in existence for over five (5) years) ❑Religious ❑Civic (Rotary, College Scholarship) ❑Political Party, Ballot Measure or Campaign Committee SECTION 4 Will this event be held on a currently licensed premise and within the already approved premises? @Yes ❑No B P O ELKS#2349 14110004 480 982-2349 Name of Business License Number Phone(Include Area Code) SECTIONS How Is this special event going to conduct all dispensing, serving, and selling of spirituous liquors? Please read R-19-318 for explanation (look in special event planning guide) and check one of the following boxes ❑Place license in non-use []Dispense and serve all spirituous liquors under retailer's license []Dispense and serve all spirituous liquors under special event ElSplit premise between special event and retail location (If not using retail license, submit a letter of agreement from the agent/owner of the licensed premise to suspend the license during the event If the special event is only using a portion of premise agent/owner will need to suspend that portion of the premise) SECTION 6 What is the purpose of this event? @On-site consumption []Off-site (auction) []Both SECTION 7 Location of the Event. B.P.O. ELKS #2349 Address of Location 2455 N APACHE TRAIL APACHE JUNCTION PINAL/AZ 85119 Street City County/State Zip SECTION 8 Will this be stacked with a wine festival/craft distiller festival? []Yes 91No SECTION 9 Applicant must be a member of the qualifying organization and authorized by an Officer Director or Chairperson of the Organization named in Section 1 (Authorizing signature is required In Section 13.) 1 Applicant. HENDERSON RALPH SMITH 09/12/1948 Last First Middle Date of Birth 2 Applicant's mailing address: 1899 S. MORENO ST APACHE JUNCTION AZ 85120 Street City State Zip 3 Applicant's home/cell phone (480) 250-9382 L9— Appl business phone: (480) 250-9382 4. Applicant's email address.R dl1S�+eydeesz J ��Yd�pLtQ�� L ►v� 10/17/14 Page 1 of 4 Individuals requiring ADA accommodations call (602)542-9027 TO ARIZONA DEPARTMENT OF LIQUOR LICENSES & CONTROL, The B.P.O. ELKS LODGE #2349, license # 14110004 Agrees to suspend there liquor license on 07/25/2015, In the area on the attached diagram for the hours of 5:00pm to 12:00am 07/26/2015. B.P.O. Elks Lodge #2349 Lice se Agent Ralph Nenders9n A . SECTION 10 1 Has the applicant been convicted of a felony, or had a liquor license revoked within the last five(5)years? ❑Yes ENo (If yes,attach explanation) 2. How many special event licenses have been Issued to this location this year? 1 (The number cannot exceed 12 events per year,exceptions under A R.S §4-203.02(D)) 3 Is the organization using the services of a promoter or other person to manage the event? ❑Yes ®No (If yes,attach a copy of the agreement) 4. List all people and organizations who will receive the proceeds Account for 1007o of the proceeds. The organization applying must receive 25% of the gross revenues of the special event liquor sales. Attach an additional page If necessary. Name B.P.O. ELKS #2349 Percentage 100% Address 2455 N APACHE TRAIL APACHE JUNCTION AZ 85119 Street City State Zip Name Percentage Address Street City State Zip 5 Please read A R S §4-203.02 Special event license,rules and R19-1-205 Reaurements for a Special Event License. Note All ALCOHOLIC BEVERAGE SALES MUST BE FOR CONSUMPTION AT THE EVENT SITE ONLY. "NO ALCOHOLIC BEVERAGES SHALL LEAVE SPECIAL EVENT UNLESS THEY ARE IN AUCTION SEALED CONTAINERS OR THE SPECIAL EVENT LICENSE IS STACKED WITH WINE/CRAFT DISTILLERY FESTIVAL LICENSE" 6. What type of security and control measures will you take to prevent violations of liquor laws at this event? (List type and number of police/secunty personnel and type of fencing or control barriers if applicable) Number of Police 4 Number of Security Personnel ❑Fencing ❑Barriers Explanation. INSIDE THE ELKS#2349 BUILDING SECTION 11 Date(s) and Hours of Event May not exceed 10 consecutive days See A.R S §4-244(15)and (17) for legal hours of set-vice Date Day of Week Event Start License End .•. Time AM/PM Time AM/PM DAY 1 07/25/2015 SATURDAY 5 pm 12 am DAY 2: DAY 3. DAY 4: DAY 5' DAY DAY 7 DAY 8. DAY 9: DAY 10. 10/17/14 Page 2 of 4 Individuals requiring ADA accommodations call(602)542-9027 5 a L ��,� �•� c e s �e- e-to L ti. �. �..,.i ,:::r. r._a r.�_. c^. z-r. r.., r.:.. r! tn:r t..-v r . r+.� v*•f w:. a.ra a_� r-- -5 . r {Cj I :i Qif •• `t 1 � h�.._'i��Faf1B \'��, .�1 ,+�.� .1,�y }•..:t✓�•:•YI I�^^.�� tq• �_... v,+r .. . r.. ...," r,....r r.. r s .n _• c:a ,.c.�. a.aa ..:.. ._..e e,-r.. r-.r• rrr.. r.+.o t._=. r...:v ae::.r u.•� r .. ems_. �.-.. ...•-. m.,, w. ...... e:..a p'1 AW. SECTION 13 This section is to be completed only by an Officer, Director or Chairperson of the organization named in Section 1 declare that I am an OFFICER, DIRECTOR, or CHAIRPERSON (Print full no ) appointing the applicant listed in Section 9,to apply on behalf of the foregoing organization for a Special Event Liquor Lice e tfSignoture) Title/Position Date Phone# The foregoing instrument was acknowledged before me this \V" W, •Zrj L%- State �,UA County of 1 � D� �r:V��ER� n 1,� LY G Eu 3tAON! '` •+JTARY oUBLIC 4 i2ONA i.. t^:.ARICCPA^0 NTY My Commission Expires on. a �� ► " := � nny Cc-miss zr r:res Date Sig at a of Nota SECTION 14 This section is to be completed only by the applicant named in Section 9 Ralph Smith Henderson declare that I am the APPLICANT filing this application as (Print full name) ed Irr ection 9. I have read the application and the contents and all statements are true, correct and complet l X\ ��7�--�_� House Com. Chairman �— 480-250-9382 (S' ature) Title/Position Date Phone# The foregoing instrument was acknowledged before me this « NA-i Z''0('S Day Month Year State�_2� County ofBE,'EP,LY G EDG SOP: r OTAf Y PUB,_IC WRICO A n v •i co t My Commission Expires on ��a Ul 1 ' '�. .�> rsv Corn miss,c,-,ck re£ Date gnature of Notary eb uary 9 20• The local governing body may require additional applications to be completed and submitted.Please check with local government as to how far in advance they require these applications to be submitted. Additional licensing fees may also be required before approval may be granted For more Information, please contact your local jurisdiction hijE www ssets Cod_u21ents�hr r��eE_>age does s�cC T ent links.l;d . SECTION 15 Local Governing Body Approval Section I, recommend ❑APPROVAL ❑ DISAPPROVAL (government official) (Title) on behalf of (City,Town,County) Signature Date Phone FOR DEPARTMENT OF LIQUOR LICENSES AND CONTROL USE ONLY ❑APPROVAL ❑ DISAPPROVAL BY DATE 10/17/14 Page 4 of 4 Individuals requiring ADA accommodations call(602)542-9027 PQp H Home of the Superstition Mountains 4 pN May 20, 2015 Ralph Henderson Apache Junction Elks Lodge#2349 1899 S Moreno Street Apache Junction, AZ 85120 Dear Mr. Henderson: Please be advised that your application for a Special Event Liquor License for Elks Lodge #2349 for July 25, 2015, at the Elks Lodge, 2455 N Apache Trail (Highway 88), has been scheduled for a public hearing. The Apache Junction City Council will hold a public hearing on June 16, 2015, at 7 00 p m in the City Council Chambers, 300 E Superstition Blvd , Apache Junction, at which time recommendation for approval or disapproval will be made to be forwarded to Arizona Department of Liquor Licenses and Control Your attendance is requested should council have any questions on this application If you have any questions concerning this matter, please contact my office at (480) 982-8002. Sincerely, Kathleen Connelly l City Clerk • Voice(480)982-8002 • FAX (480)982-7018•TDD(480) 983-0095 •www aJc1ty net 300 E Superstition Boulevard, Apache Junction,AZ 85119 MAY 20, 2015 MEMORANDUM TO DEPARTMENT OF PUBLIC SAFETY, ADMIN SGT. PLANNING DIVISION BUILDING DIVISION APACHE JUNCTION FIRE DISTRICT THROUGH KATHLEEN CONNELLY, CITY CLERK FROM JAN MASON, DEPUTY CITY CLERK SUBJECT APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE #2349 Mr Ralph Henderson has submitted an application for a special event liquor license for July 26, 2015, at the Elks Lodge, 2455 N Apache Trail (Highway 88), Apache Junction Please conduct the necessary inspections and submit your recommendation be email by Wednesday, June 3, in order for this item to be placed on the agenda for the City Council meeting of June 16, 2015 Janet Mason From: Rudy Esquivias Sent: Wednesday, May 20,2015 108 PM To: Janet Mason, Dave Zellner,Jeff Robinson,John Suniga Oohn suniga@sfmd az gov) Cc: Larry Kirch, Ryan McCann Subject: RE special event liquor license for the Elks Jan The Planning Division has no objections to this one-time event to be held at the Elks Club on July 25, 2015 Many similar events have been held at this location in the past and there have been no zoning-related problems of which we are aware. Thanks. Senior Planner/Zoning Administrator City of Apache Junction 300 E. Superstition Blvd. Apache Junction, AZ 85119 480-474-2645 resquivias@a7city.net SERVICE OVER AND ABOVE THE REST (Development Services Department office hours Monday through Thursday from 7:00am to 6 OOpm, closed Fridays and Holidays ) From: Janet Mason Sent: Wednesday, May 20, 2015 11 45 AM To: Dave Zellner; Rudy Esquivias; Jeff Robinson, John Suniga (John suniga@sfmd az gov) Cc: Larry Kirch Subject: special event liquor license for the Elks I have received a special event liquor license for the Elks for July 25, 2015 Please have your department recommendations to me no later than Wednesday,June 3, in order for this to be on the June 16 agenda. Thanks. Jaw Maao-w Deputy City Clerk City of Apache Junction 300 E Superstition Boulevard Apache Junction,AZ 85119 (480)474-5068 imason@aiaty net i .•► Janet Mason From: Jeff Robinson Sent: Wednesday, May 20,2015 2:04 PM To: Janet Mason Cc: Thomas Kelly Subject: RE:special event liquor license for the Elks anet, the police department has no objections to the special event"Day of the Cowboy" located at the Elks Lodge on July 26,2015.The Arizona Rangers will be supplying security and checking identifications at the door From: Janet Mason Sent: Wednesday, May 20, 2015 11.45 AM To: Dave Zellner, Rudy Esqu►vias; Jeff Robinson; John Suniga Oohn.sun►ga@sfmd.az.gov) Cc: Larry K►rch Subject: special event liquor license for the Elks I have received a special event liquor license for the Elks for July 25, 2015. Please have your department recommendations tome no later than Wednesday,June 3, in order for this to be on the June 16 agenda Thanks. jayv Mcso-w Deputy City Clerk City of Apache Junction 300 E.Superstition Boulevard Apache Junction,AZ 85119 (480)474-5068 imason@alcity net 1 Superstition .Fire & Medical DistrictAPMEN 3700 E. 161"Avenue, Apache Junction, AZ 85119 Phone (480) 982-1299, Fax(480) 982-3268 www.sfmd.az.gov MEMORANDUM TO: Janet Mason, Deputy City Clerk City of Apache Junction 300 E Superstition Blvd Apache Junction, AZ 85119 FROM John Sumga, Deputy Fire Marshal DATE May 20,2015 SUBJECT- Special Event Liquor License for Elks Lodee#2349 The Superstition Fire/Medical District has reviewed the submitted documentation for 2455 N. Apache Trail as related to event to be held on July 25th, 2015. We would recommend approval of this application based, as always,on good practices for the general safety of all patrons and employees Applicant shall ensure that all local fire and life safety codes and ordinances are adhered to for the duration of the event. Thank you for your notification on this matter. Jos ATTN. Application ROLL CALL VOTE NOTES Jz ITEM # MEETING OF t� MOTION BY: N" SECONDED BY: Ire YEST- NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER RIZZI COUNCILMEMBER EVANS COUNCILMEMBER WILSON J COUNCILMEMBER WALDRON VICE MAYOR BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL 7— Agmftk Am** AlmoNk ,i► .0=kk ITEM NO. 9 I MOVE THAT THE APPLICATION FOR A SPECIAL EVENT LIQUOR LICENSE FOR ELKS LODGE#2349 FOR JULY 25, 2015, SUBMITTED BY RALPH HENDERSON, B RECOMMENDED (FOR APPROVAL) OR(FOR DENIAL) TO THE ARIZONA DEPARTMENT OF LIQUOR LICENSES AND CONTROL. PUBLIC HEARING /1 1. For PROPOSED ORDINANCE NO. 1417, CASE PZ-1-15, CITY-INITIATED CORRECTIVE REZONING FOR APACHE JUNCTION MOBILE HOME PARK FROM RECREATIONAL VEHICLE PARK TO MANUFACTURED HOME PARK 2. Will SENIOR PLANNER RUDY ESQUIVIAS speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 �t +�1 , Agenda Item No.10. File ID: 15-204 Sponsor Rudy Esquivias Agenda Date-6/16/2015 Index: Budgetary Approval not Required In Control City Council Meeting AN*. Presentation, discussion and action on Ordinance No 1417, relating to case PZ-1-15, a city-Initiated corrective rezoning for Apache Junction Mobile Home Park, located at 800 W Apache Trail, from Recreational Vehicle Park (RVP)to Manufactured Home Park (MHP) Attachments City of Apache Junction,Arizona Page 1 Printed on 611012015 PpACHF✓G City of Apache Junction e� s gp1ZONP Development Services Department Date- June 3, 2015 To* Honorable Mayor and City Council Members Through- Bryant Powell, Assistant City Manager Larry Kirch, Development Services Director From: Ryan McCann, Planning Intern and Rudy Esquivias, Senior Planner/Zoning Admin. Subject. June 16, 2015, City Council Public Hearing Item. PZ-1-15 (Ordinance #1417) City-Initiated Corrective Rezoning for Apache Junction Mobile Home Park Background This is a city-initiated request to rezone the 191-space, +/-17 .5 gross-acres property (Penal County APN 101-11-008D) from RVP (Recreational Vehicle Park) to MHP (Manufactured Home Park) The property had been zoned CB-2 (General Business) under the city' s previous zoning ordinance, but was inadvertently rezoned to RVP as part of the new zoning ordinance adoption in May of 2014 . Known as the Apache Junction Mobile Home Park, the property is located at 800 W Apache Trail (whose driveway is just east of Arnold' s Auto Sales) . The purpose of this rezoning request is to re-assign the appropriate zoning district to this long existing mobile home park, which was originally constructed in 1957 Planning and Zoning Commission Recommendation On May 12, 2015, the Planning and Zoning Commission held a public hearing regarding this request (P&Z staff report and exhibits attached) The Commission voted to recommend approval of the rezoning by a vote of 3 to 1, subject to Staff' s recommended condition The dissenting vote was cast by a Commission member who thought that this might be an opportunity to request additional standard upgrades in the park There was no public comment on the rezoning request. City Council Work Session At their work session on June lst, staff presented the zoning case and the Planning and Zoning Commission recommendation to the City Council Councilmembers seemed agreeable to the proposed corrective rezoning. Attached Ordinance No. 1417 reflects the Commission and staff recom- mendation for the Council' s consideration. No public comment has been received on this request, other than from the owners of the park, who support the corrective rezoning. Attachments. Proposed Ordinance #1417; P&Z Staff Report and Exhibits Planning& Zonmg-Building & Safety-Revenue Development 300 E Superstition Boulevard • Apache Junction,AZ 85119 • Ph (480)474-5083 • Fax(480)982-7010 ORDINANCE NO 1 417 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY j OF APACHE JUNCTION, ARIZONA, AMENDING THE APACHE JUNCTION, ARIZONA, ZONING ORDINANCE, BY AMENDING THE ZONING DISTRICT MAP, CITY OF APACHE JUNCTION, ARIZONA, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR THE PROPERTY DESCRIBED IN REZONING CASE PZ-1-15, A CITY- INITIATED CORRECTIVE REZONING FOR APACHE JUNCTION MOBILE HOME PARK, OWNED BY ARIZONA BONANZA LLC, FROM RECREATIONAL VEHICLE PARK ("RVP") TO MANUFACTURED HOME PARK ("MHP") ; REPEALING ANY CONFLICTING PROVISIONS; AND PROVIDING FOR SEVERABILITY WHEREAS, Apache Junction Mobile Home Park ("property") has been used as a manufactured homes rental space park since prior to City incorporation and the City adopting its March 1985 Zoning Ordinance (pursuant to Ordinance No. 350) ; and WHEREAS, under the city previous zoning ordinance and zoning districts maps, the property had been zoned General Business Zone ("CB-21') since incorporation and the CB-2 zone had included "trailer court" among the permitted uses; and WHEREAS, on May 6, 2014, pursuant to Ordinance No 1402, the City adopted a new zoning ordinance and zoning district map; and WHEREAS, said new zoning district map inadvertently rezoned the subject property from general business to RVP, instead of the more correct zoning district of MHP (because the ma3ority of homes in the park are manufactured homes) ; and II WHEREAS, on March 18, 2015, the Planning and Zoning Commission directed staff to initiate a corrective rezoning for the property from RVP to MHP; and WHEREAS, on May 12, 2015, the Planning and Zoning Commission voted to recommend approval of rezoning case PZ-1-15 by a vote of 3-1, subject to the condition recommended by Planning Staff; and ORDINANCE NO. 1417 PAGE 1 OF 3 WHEREAS, the City Council hereby determines that the proposed rezoning conforms to or will conform to all of the general criteria as specified in the Apache Junction City Code, Volume II, Land Development Code, Chapter 1, Zoning Ordinance, Section 1-9-3, Standards for Manufactured Home Parks and/or Recreational Vehicle Parks NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL That the zoning district classification on the Zoning District Map, City of Apache Junction, Arizona, for the parcel of land legally described as: Pinal County Assessor parcel 101-11-008; 17 5 acres generally located in the Southwest quarter of the Northeast of Section 20, Township 1 North, Range 8 East of the Gila and Salt River Base and Meridian, Pinal County, Arizona (a complete metes and bounds legal description of the property is available for viewing at the City of Apache Junction, Development Services Department) ; be and hereby is amended from Recreational Vehicle Park ("RVP") to Manufactured Home Park ("MHP") , subject to the following condition of approval: 1) The Apache Junction Mobile Home Park shall be operated pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Section 1-9- 3 . SECTION II REPEALING ANY CONFLICTING PROVISIONS: All ordinances and parts of ordinances in conflict with the provisions of this ordinance are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY. If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by ORDINANCE NO. 1417 PAGE 2 OF 3 Aork. Ank reference, is for any reason held to be invalid or unconstitu- tional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2015 490k SIGNED AND ATTESTED TO THIS DAY OF 2015 JOHN S INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM* RICHARD JOEL STERN City Attorney Aft. ORDINANCE NO. 1417 PAGE 3 OF 3 City of Apache Apache Junction Development Services Department PLANNING AND ZONING COMMISSION PUBLIC HEARING STAFF REPORT DATE: May 6, 2015 CASE NUMBER: PZ-1-15 OWNERS: Arizona Bonanza LLC APPLICANTS: City-initiated REQUEST: City-initiated corrective rezoning from RVP (Recreational Vehicle Park) to MHP (Manufactured Home Park) for a property which was inadvertently incorrectly zoned with the adoption of new city zoning maps. LOCATION: The Apache Junction Mobile Home Park, totaling approximately +/-17. 5 acres, is located at 800 W. Apache Trail (whose driveway is just east of Arnold' s Auto Sales) . GENERAL PLAN/ ZONING DESIGNATION: Medium Density Residential (maximum of 6 du/ac) ; presently zoned RVP. SURROUNDING USES: North: Lost Dutchman Mobile Home Park (zoned RVP, Recreational Vehicle Park) ; South: Commercial (zoned B-2, Old West Commercial) ; East: Commercial (zoned B-3, City Center) ; West: Arnold' s Auto Sales (zoned B-2, Old West Commercial) & a vacant lot (zoned RS-GR, General Rural Low Density Single-Family Detached Residential) . Planning& Zoning— Btalchng&Sufgv—Reienue De>>elopnrew 300 E Superstition Boulevard - Apache Junction,AZ 85119 - Ph (480)474-5083 - Fax(480)982-7010 A00.. PZ-1-15 (City-initiated) PAGE 2 OF 3 BACKGROUND Since the adoption of the city' s new zoning code, it has come to staff' s attention that the subject parcel has the wrong designation under the new code. When the new zoning code came out in May of 2014, the subject property was inadvertently rezoned from CB-2 (General Commercial) to RVP (Recreational Vehicle Park) , This gave the property the wrong designation because the park is home to mostly manufactured homes and not recreational vehicles. Being predominantly a manufactured home community, the proper zoning should be MHP (Manufactured Home Park) . Staff proposed a City-initiated rezoning and on March 24, the Commission gave direction to staff to proceed. PROPOSAL This is a city initiated request to rezone the 191-space, +/- 17. 5 gross-acre property (Pinal County APN 101--11-008D) from RVP (Recreational Vehicle Park) to MHP (Manufactured Home Park) . Known as the Apache Junction Mobile Home Park, the property is located at 600 W. Apache Trail (whose driveway is just east of Arnold' s Auto Sales) . The purpose of this rezoning request is to re-assign the appropriate zoning district to this long existing mobile home park, which was originally constructed in 1957. pLANNING STAFF ANALYSIS AND FINDINGS Relationship to General Plan: The General Plan designates the subject site Medium Density �.., Residential (maximum of 6 du/ac) . Excluding the adjacent properties along W. Apache Trail, properties to the North, Northwest, and West have the similar designation of Medium Density Residential. The rezoning is appropriate given the existing land use, although we note that the overall density of the park is more than the General Plan would typically allow under normal circumstances. Zon2ng/Site Context: The proposed MHP zoning is compatible with the commercial uses to the south, east, and west of the site. Medium to higher density residential uses are preferred near commercial and retail areas. Public Input: At this time staff has had no public input on the case. Planning& Ztuting- Qatl(ltng cY SufetY-Reien«e Development 300 E. Superstmon Boule%ard • Apache Junction,AZ 85119 Ph.(480)474-5083 • Fax(480)982-7010 AWN., .mk� PZ-1-15 (City-initiated) PAGE 3 OF 3 Planning Division Recommendation Planning Staff offers the following Recommended Motion, to establish the manufactured home park zoning on the property as it is predominately a manufactured home community, should the Commission wish to forward a recommendation of approval to the City Council. RECOMMENDED MOTION I move that the Planning and Zoning Commission recommend to the City Council the (APPROVAL/DENIAL) of rezoning case PZ-1-15, a city initiated corrective rezoning request, for Apache Junction Mobile Home Park, a 191-space, +/-17. 5 acre property from RVP (Recreational Vehicle Park) to MHP (Manufactured Home Park) , subject to the following conditions of approval : 1 . ) The Apache Junction Mobile Home Park be operated pursuant to the Apache Junction City Code, Volume II, Land Development Code, Chapter 1 Zoning Ordinance, Article 1-9-3. Aowwk Prepared by Ryan McCann Planning Intern Attachments. Exhibit #1 - Zoning Map Exhibit #2 - Aerial image of property Exhibit #3 - Site plan map for the Apache Junction Mobile Home Park Exhibit #4 - Apache Junction City Code Article 1-9-3 Planning K Zoning- 13iahhng ce Sgfi,tv- Revemre Development 300 E. Superstition Boulevard - Apache Junction,AZ 85119 - Pit- (480)474-5083 - Fax(480)982-7010 ANW .... PZ-1-15 CITY INITIATED REZONING REQUEST FROM RVP (RECREATIONAL VEHICLE PARK) TO MHP (MANUFACTURED HOME PARK) .•. t N A" SEE MAP.--- ,� N 101-23 16A 0 55 r "C a 7 ' 4 t100 E M U K o Boa - as ,/ Eli �-' z10 $-3 I I t., Q L,A I I 12 BN: o s.2 N...172.� �.ti, s B-z o I. �: 1, , �',d. �b.,d3 sue. r �,. 225' o v jd ® SUBJECTSITE C(1 1'✓F c r Planning& Zoning-- Building c&Safety-Revenue Development 300 E Superstition Boulevard •Apache Junction, AZ 851 19 • Ph.(480)474-5083 9 Fax(480)982-7010 I T ; .t Apache Junction Mobile Home Park Site Aerial At i Pkimmig • Buildiitg a 300 E.Superstition :• Junction, 81 1; s 81 1 1 Apache Junction Mobile Home Park Site Plan it IJ? us + Its t 04 La +I{ s Na ►.+. a.. «s iw trf ++t: lilt �+►L ! 1�l 7y t ts7 IX, W �"� uu at gal s, K ++1 l+f nL Sol rr (A j (w 9( Il 44 11 ff qL dy tr IN n !i t! h I! to c+.` nr III 11 !c 'Lf 7y f) !s I 7r N{ �1 tt rr ri ss fi UIa �+► UT 44 -tt rI✓ YJ Yx 4(i L---�. X �t fir l` J►T �y 4 440 It,Ile 11111u +Q Itar JV its is II +� ' 16 P/u►�►►nrg h Zor►rr►g- Btrrltlrng& Safety- Revenue Development 300 E Superstition Boulevard - Apache Junction,AZ 851 19 - Ph. (480)474-5083 - Fax(480)983-7010 1-9-3 STANDARDS FOR MANUFACTURED HOME PARKS AND/OR RECREATIONAL VEHICLE PARKS A. Required Zoning. Parks that accommodate manufactured homes and RVs shall only be zoned MHP. Parks that accommodate only RVs shall only be zoned RVP. B. Limitation on RVs in MHP District. No more than 30% of the park spaces/lots in a MHP zoned park may be used for RVs. C. Minimum Park Area. 10 acres for both manufactured home and RV parks. D. Minimum Park Space Size. 2,000 square feet for RV park space and 3,500 square feet for manufactured home park space/lot (see Table 9-1). E. Minimum Park Space Width. 30 feet for RV park space and 50 feet for manufactured home park space(see Table 9-1). F. Maximum Height. 15 feet for both RVs and manufactured homes. G. Minimum Setbacks.See Tables 5-2 or 9-1 H. Number Allowed. Only 1 RV or manufactured home shall be allowed on each approved park space/lot. No dwelling units of conventional construction shall be permitted on a park space/lot. I. Accessory Structure Standards. Detached accessory structures shall be subject to the following standards: 1. Minimum Setbacks.See Tables 5-2 or 9-1. 2. Height. 15 feet maximum. 3. Easement Areas. No structures shall be located within a public utility easement or drainage easement area. 4. Design. There are no design standards for accessory buildings In the MHP and RVP districts. J. Manager's Office/Residence.A manager's office and community buildings shall be allowed as either conventional or modular construction. K. Community Center. Recreation and social centers may be used by residents for dancing, crafts, hobbies, games, child care, meetings, banquets, theatrical performances, movie [05-06-14] Page 119 viewing and similar entertainment uses. Such facilities shall be of conventional construction (Le., not factory built). L. Outdoor Recreational Facilities. Outdoor recreation facilities such as parks, swimming pools, ramadas, playground equipment, shuffleboard and tennis courts, putting greens, and similar recreational uses intended for use by the residents of the park shall be allowed. M. Ancillary Retail Sales, Special Events/Activities Intended for Park Residents Only. Park management shall apply for and obtain an AUP from the Zoning Administrator prior to conducting or allowing park sponsored and authorized ancillary retail sales (e.g., market days, craft/art sales,fundraisers and temporary food vendors) or special events/activities. If approved, the Zoning Administrator shall Issue an AUP with written conditions of approval in accordance with the following: 1. All proprietors and vendors shall possess valid business licenses and permits as required by the City Code, and comply with required sales tax administration and collection processes. 2. The application for an administrative permit shall contain a description of the retail sales activity, maximum number and type of vendors, days and hours of operation and a site plan illustrating the location and parking associated with the retail sales. 3. All signs that describe or relate to ancillary retail activities shall not be visible from beyond the boundaries of the park. 4. Ancillary retail sales shall be conducted Indoors within the recreational/social center or outdoors within a common area. 5. Parking for approved ancillary retail uses shall be accommodated within established and approved parking areas, or by on-street parking approved by the zoning administrator. 6. Ancillary retail sales shall be directed to, and be for the benefit of, park residents and their guests only. 7. Ancillary retail sales shall not exceed more than 3 days per week and shall operate between the hours of 7:00 a.m.to 10:00 p.m. B. The administrative permit may be valid for multiple events. 4. Failure to comply with the conditions of approval established in the administrative permit may result in the revocation of the permit, and prohibition on Issuing future ancillary retail sales permits to the park. [05-06-14) Page 120 N. Ancillary Retail Sales Special Events/Activities Intended for Both Park Residents and Non- Park Residents. Special events and/or activities hosted or sponsored by the parks (e.g., concerts, fund raisers, lectures, seminars, workshops, educational classes, recreation, food/beverage sales, sporting events and meetings) or ancillary retail uses (e.g., restaurants, personal care services, specialty retail and professional offices) shall only be allowed subject to approval of a CUP or, if applicable, compliance with Chapter 8,Volume I of the City Code regarding special events. 0. Common Use Areas/structures. Common-use laundry facilities, maintenance buildings, and security guard house shall be allowed subject to conventional construction design. P. Required Parking.There shall be a minimum of one 9' x 20' paved parking space per park space. The required parking space may be covered; however the cover may not encroach into the setback area. Q. Accessory Parkins. Designated areas for boat and recreational vehicle storage which are used solely by the residents of the park shall be allowed, but shall not exceed 20% of the park's land area. Additionally, parking to accommodate recreation center use and park guests shall be required in accordance with Zoning Administrator review and approval of the number and location of parking spaces. R. Private Street Widths. Private streets developed within RV parks shall have a minimum width of 28 feet and a minimum turning radius of 22 feet. S. Access.Access to lots or spaces shall be from the Interior of the park. T. Screening Walls. Minimum six foot high solid screening walls shall be constructed around the perimeter of the manufactured home park and RV park. The portion of the wall(s) facing the public street shall be constructed as a decorative wall and all exterior wall surfaces shalt be stained or colored with an earth tone approved by the Zoning Administrator. U. Skirting. A manufactured home and park model shall be skirted In a uniform manner If located within a park for 30 calendar days or more, but shall not be required to be attached to a permanent foundation. 1-9-4 PERMITS AND APPROVALS A. Site Plan Approval Required. Development, redevelopment and/or expansion of an RV park or manufactured home park shall require City approval of a site plan In accordance with Section 1-16-9. [05-06-141 Page 121 S. Building Permit Required. It shall be unlawful for any person to install a manufactured home, park model, structure, addition or any electrical, plumbing, or mechanical component without first obtaining a required permit or permits from the Building Division. C. Owner Aporoval Required. No person shall install any manufactured home, structure or addition without approval of the property owner, the owner's agent, or other authorized representative. TABLE 9-1: STANDARDS FOR MANUFACTURED HOME PARKS AND RV PARKS Recreational Vehicle Park Manufactured Home Park Required Zoning: RVP MHP Minimum Park Area: 20 acres 10 acres Minimum Space Size: 2,000 sq.ft. 3,500 sq.ft. Minimum Space Width: 30 feet 50 feet Front Setback': 3 feet 8 feet Street Side Setback'* 3 feet 8 feet Side Setbackz: 3 feet 5 feet Rear Setback: 3 feet 5 feet Property Line Setback: 5 feet 5 feet Max.Acc.Structure Height 20 feet 20 feet L The front setback and street side setback shall be measured from the nearest edge of the interior road/curb fronting the park space/lot. t One detached accessory storage structure smaller than 120 square feet in size may be located anywhere to the side or rear of the RV or manufactured home.Additional accessory structures,including awnings,shall comply with the front,side and rear setbacks in Table 9-1. [05-06-14) Page 122 r ROLL CALL VOTE NOTES: (, 0 / �A ITEM # �� MEETING OF v MOTION BY " SECONDED BY YES NO ABSTAINED VICE MAYOR BARKER COLINCILMEMBER WALDRON COLINCILMEMBER WILSON V Ir COLINCILMEMBER EVANS COLINCILMEMBER RIZZI COLINCILMEMBER SERDY MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES r i ITEM # ` MEETING OF MOTION BY: SECONDED BY:' F- YES NO ABSTAINED COUNCILMEMBER RIZZI COUNCILMEMBER WILSON VICE MAYOR BARKER COUNCILMEMBER SERDY f COUNCILMEMBER EVANS COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL da ,,.k ITEM NO. 10 I MOVE THAT ORDINANCE NO. 1417 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No 1417 by title only Majority vote required.) I MOVE THAT ORDINANCE NO. 1417,AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO. 1417,AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS: PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 15-22, DECLARING THE 2015 AMENDMENTS TO CITY CODE CHAPTER 4,ARTICLE 4-1 PARKS AND RECREATION FEE SCHEDULE 2. Will RECREATION SUPERINTENDENT LIZ LANGENGACH speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. City of Apache Junction, Arizona 300 E Superstition Boulevard Apache Junction,AZ 85119 Agenda Item Cover Sheet Agenda Item No.11. File ID: 15-190 Sponsor Liz Langenbach Agenda Date 6/16/2015 Index. In Control. City Council Meeting Public Hearing and consideration of Resolution No 15-22, declaring as a public record that certain document filed with the city clerk entitled "2015 Amendments to the Apache Junction City Code, Vol 1, Chapter 4, Fees, Article 4-1, Parks and Recreation Fee Schedule " This resolution declares the Parks and Recreation Fees referenced in Ordinance No 1415, adopting the 2015 Parks and Recreation fee amendments as a public record on file with the city clerk's office in order to save publication costs Attachments, City of Apache Junction,Arizona Page 1 Printed on 611012015 EX-1oo City p o /� acheJunction i3 z J �R1zONP Home of the Superstition Mountains MEMORANDUM TO Honorable Mayor and City Council Members THROUGH George Hoffman, City Manager THROUGH- Jeff Bell, Parks & Recreation Director FROM. Liz Langenbach, Recreation Superintendent DATE June 1, 2015 SUBJECT- Agenda Item for Amending the Apache Junction Parks and Recreation Fee Schedule The Parks and Recreation fee schedule is reviewed periodically to insure that fees are aligned with the local market and our community needs The Parks and Recreation Department has shared/discussed at previous City Council Work Sessions the recommendations by the Parks & Recreation Commission for fee adjustments, process improvements, and new mobile stage fees. The next step in this process is for the City Council to hold a public hearing on the recommended changes to the Parks and Recreation Fee Schedule and to approve or deny the amended changes through the adoption of a resolution and ordinance 300 E Superstition Blvd •APACHE JUNCTION,AZ 85119•www.aicitv.net •PHONE(480)983-2181•FAX(480)982-2438•TDD(480)983-0095 RESOLUTION NO. 15-22 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 4, FEES, ARTICLE 4-1, PARKS AND RECREATION FEE SCHEDULE"; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 1415 adopts by reference the 2015 Amendments to the Apache Junction City Code, Volume I, Chapter 4, Fees, Article 4-1, Parks and Recreation Fee Schedule, as recommended by staff; and WHEREAS, A.R.S. § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; and i WHEREAS, pursuant to A.R.S. §§ 9-801 (1) and 9-802, such codes or public record include regulatory provisions such as fee schedules; and WHEREAS, it is the intent of the City to declare the 2015 Amendments to the Apache Junction City Code, Volume I, Chapter 4, Fees, Article 4-1, Parks and Recreation Fee Schedule, three copies of which are on file in the Office of the City Clerk, as a public record. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: SECTION I IN GENERAL That certain document (a copy of which is attached hereto) entitled "2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 4, FEES, ARTICLE 4-1, PARKS AND RECREATION FEE SCHEDULE", three copies of which are on file in the Office of the City Clerk of the City of Apache Junction, Arizona, is hereby i RESOLUTION NO. 15-22 PAGE 1 OF 3 declared to be a public record, shall be made available for public use and inspection, and shall remain on file with the City Clerk SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the provisions adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the provisions or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof SECTION IV ESTABLISHING AN EFFECTIVE DATE The provisions of this resolution shall take effect on January 1, 2016. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2015. SIGNED AND ATTESTED TO THIS DAY OF 2015. JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk RESOLUTION NO 15-22 PAGE 2 OF 3 APPROVED AS TO FORM: RICHARD J. STERN City Attorney i �I RESOLUTION NO. 15-22 PAGE 3 OF 3 I 2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 4, FEES,ARTICLE 4-1 PARKS AND RECREATION FEE SCHEDULE Section 4-1-1 Facility equipment and a ui ment rental fees 4-1-2 Deposits 4-1-3 Program and activity fees 4-1-4 Refunds 4-1-5 Promotional discounts 4-1-6 Priority use 4-1-7 Priority reservations and registrations § 4-1-1 FACILITY AND EQUIPMENT RENTAL FEES DESCRIPTION USER FEE 1 MEETING AND CLASSROOM SPACE Multi-purpose room("MGC") $60.00 per hour Large Classroom/Meeting Room $30.00 per hour Small Classroom/Meeting Room $20 00 per hour I 2 SPORTS FIELDS Field preparation Softball/Baseball $30 00 per field Field preparation—Soccer/Football $60 00 per field Daytime Sports Field Usage $10.00 per hour Evening Sports Field Usage $17.00 per hour 3. GROUP USE (DESIGNATED AREAS ONLY) Small Ramada(max 30 people, 2 hr. mm.) $10.00 per hour Large Ramada (max 50 people; 2 hr min ) $15 00 per hour Multi-Use Area $8 00 per hour 1 4 RODEO PARK Arena preparation $50 00 per prep Daytime Arena Usage $8 00 per hour Evening Arena Usage(including lights) $17 00 per hour ^ Multi-Use Area $8 00 per hour Concession Stand $8.00 per hour 5 POOL ENTRY/PASSES Daily fees(17 and under) $1 50 Daily fees(18 and over) $2 50 Season pass(17 and under) $50.00 Season pass(18 and over) $70 00 Family season pass(up to 6 members) $110 00 Additional members on family pass $20 00 6 SWIMMING POOL Pool rental-shared use, less than 100 people (2 hour minimum, includes lifeguard) $100.00 per hour Pool rental- shared use, 100 to 149 people (2 hour minimum; includes lifeguard) $150 00 per hour Pool rental- exclusive use, 150 or more people (2 hour minimum, includes lifeguard) $200 00 per hour Pool rental-competition pool only (2 hour minimum, includes lifeguard) $100.00 per hour 7. MULTI-GENERATIONAL CENTER ENTRY/MEMBERSHIPS Daily fees(17 and under) $3 00 Daily fees(18 and older) $5.00 2 Monthly pass(17 and under) $16 00 Monthly pass(18 and older) $27 00 Monthly pass(Family up to 6 members) $60 00 Each additional member $10 00 Six month pass(17 and under) $82 00 Six month pass(18 and older) $132.00 Six month pass(Family up to 6 members) $297.00 Each additional member $25 00 Annual pass (17 and under) $132 00 Annual pass(18 and older) $198 00 Annual pass(Family up to 6 members) $528.00 Each additional member $40.00 10—Day Punch Pass $35 00 8 SPORT COURTS Daytime Court Usage $2 50 per hour Evening Court Usage(includes lights) $5.00 per hour Gymnasium $75.00 per hour 9 VETERAN'S MEMORIAL PARK Veteran's Memorial Park $15 00 per hour 10 SPECIAL SERVICES/EQUIPMENT Barricades $3 00 each Bleachers - 3 row (includes delivery) $50.00 per day 3 10-1 Aa. Bleachers - 5 row (includes delivery) $65 00 per day Field marker $6 00 per bag Folding chairs $1 00 each Folding tables $6.00 each Malt beverage permit- single day fee $10 00 per day Malt beverage permit-multiple day fee $25 00 per event Personnel services (per employee) $25 00 per hour Rodeo arena PA system $30 00 per day Single sport package $6 00 per day Tractor/loader(includes operator) $55 00 per hour Traffic cones $1.00 each Used softballs $1.00 each Water truck(includes operator) $55 00 per hour Electronic messaging board $50 00/10 days Mobile stage * $500 00 per day Mobile stage setup/close down fee $250.00 per event Mobile stage refundable security/cleaning deposit $500.00 per event *Stage must stay inside city limits, no reduced fees, additional staff assessed at personnel fee rate ($25.00 per hour), requires insurance with city as additional insured § 4-1-2 DEPOSITS. (A) The Director of Parks and Recreation or his or her designee may require deposits or clean-up fees for equipment/facility rentals deemed necessary equal to or up to the amount of the rental fee 4 § 4-1-3 PROGRAM AND ACTIVITY FEES. DESCRIPTION USER FEE 1 ADULT SPORTS Leagues(teams) $50 00 - 500 00 Instruction $0 00 - 100.00 2. AQUATICS Swim instruction $10.00 - 50.00 Swim team $30.00 - 75 00 3. DANCE/FITNESS/EXERCISE per session $0 00 - 75.00 4 OPEN GYM PROGRAMS per session $3 00 - 300 00 5 SPECIAL EVENTS Per event $0.00 - $10 00 6. SPECIAL INTEREST CLASSES per session $0 00 - $200 00 7 YOUTH SPORTS Leagues $20 00 - $75 00 Instruction $0 00 - $150.00 § 4-1-4 REFUNDS. All refunds shall be made in full, except for a 10% admnustrative processing fee, with a $5 mmnnum 5 AOWA § 4-1-5 PROMOTIONAL DISCOUNTS (A) Intent The Parks and Recreation director or his or her designee may from time to time establish promotional discounts to encourage and increase participation in programs and memberships, especially for off season events (B) Limitation- With the exception of a limited quantity of free day passes to the multi- generational center or aquatic center, no promotion may exceed 50% off the regular price of �+ admission. § 4-1-6 PRIORITY USE (A) No Fee Category The Parks and Recreation Department has priority use of all facilities and recreational areas When facilities are not in use for Parks and Recreation sponsored activities,they shall be available on a permit/no fee basis to the following- (1) All other city departments (2) City council approved special events (considered annually during budget process) (3) Partner agencies with formal agreements (B) Partial Fee Category. Groups that meet the following Local Youth Serving Agency criteria will have priority use with those above, on a reduced fee basis (25% of regular public rates). (1) Youth Serving Agency is a 501(c)(3)non-profit organization (2) Youth Serving Agency is governed by local, unpaid volunteer board and unpaid staff (3) Participant members are made up of a majority of City of Apache Junction residents. (4) Youth Serving Agency participation is open to the public and not "by invitation only" or limited by any means other than the natural makeup of the league (i.e. no cuts and must have muumum participation/play rules in place) (C) Full Fee Catego - When facilities are not in use by the Parks and Recreation department, or the groups listed above, they will be made available to other Apache Junction residents, groups or organizations on a permit/fee basis Groups or organizations from outside the Apache Junction area are discouraged from using facilities, unless the activity is open to Apache Junction residents,promotes the welfare of the community, and a portion of the proceeds benefit a local non-profit entity 6 § 4-1-7 PRIORITY RESERVATIONS AND REGISTRATIONS The Parks and Recreation director or his or her designee may establish a priority registration or priority reservation period for Apache Junction residents Programs and facilities with the highest participation and/or use shall be considered for priority registration or priority reservation for Apache Junction residents I 7 ROLL CALL VOTE NOTES Nn ITEM # MEETING OF I 3 MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WILSON COUNCILMEMBER SERDY V/ COUNCILMEMBER WALDRON COUNCILMEMBER RIZZI VICE MAYOR BARKER COUNCL MEMBER EVANS MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. I I I MOVE THAT RESOLUTION NO 15-22, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK ENTITLED "2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 4, FEES, ARTICLE 4-1, PARKS AND RECREATION FEE SCHEDULE"; REPEALING ANY CONFLICTING PROVISIONS, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE, (BE APPROVED) OR(BE DENIED). i I PUBLIC HEARING i 1. For PROPOSED ORDINANCE NO. 1415,ADOPTING BY REFERENCE THE 2015 AMENDMENTS TO CITY CODE CHAPTER 4,ARTICLE 4-1 PARKS AND RECREATION FEE SCHEDULE 2. Will RECREATION SUPERINTENDENT LIZ LANGENGACH speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No 12 File ID: 15-189 Sponsor Liz Langenbach Agenda Date 6/16/2015 Index In Control City Council Meeting Public hearing and consideration of Ordinance No 1415, adopting by reference that certain document entitled "2015 Amendments to the Apache Junction City Code, Vol I, Chapter 4, Fees, Article 4-1, Parks and Recreation Fee Schedule " The mayor and city council last amended the Parks and Recreation fee schedule in 2009. Since that time, the Parks and Recreation Department has continued to experience increased use of its parks and recreational facilities The current fee schedule does not cover the actual costs for the use of the facilities and the amended fee schedule will more fairly cover the cost based on actual use and maintenance Attachments. City of Apache Junction,Arizona Page 1 Printed on 611012015 O�PY AC HE J�yn •o ache unction City .� .�Z p QR►zONP Home of the Superstition Mountains MEMORANDUM TO- Honorable Mayor and City Council Members THROUGH. George Hoffman, City Manager THROUGH Jeff Bell, Parks & Recreation Director FROM. Liz Langenbach, Recreation Superintendent DATE. June 1, 2015 SUBJECT Agenda Item for Amending the Apache Junction Parks and Recreation Fee Schedule The Parks and Recreation fee schedule is reviewed periodically to insure that fees are aligned with the local market and our community needs The Parks and Recreation Department has shared/discussed at previous City Council Work Sessions the recommendations by the Parks & Recreation Commission for fee adjustments, process improvements, and new mobile stage fees The next step in this process is for the City Council to hold a public hearing on the recommended changes to the Parks and Recreation Fee Schedule and to approve or deny the amended changes through the adoption of a resolution and ordinance .n. 300 E Superstition Blvd •APACHE JUNCTION,AZ 85119•www aicitv.net •PHONE(480)983-2181•FAX(480)982-2438•TDD(480)983-0095 REDLINED VERSION 6-16-15 2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 4, FEES, ARTICLE 4-1. PARKS AND RECREATION FEE SCHEDULE Section 4-1-1 Facility and equipment rental fees 4-1-2 Deposits 4-1-3 Program and activity fees 4-1-4 Refunds 4-1-5 Promotional discounts 4-1-6 Priority use 4-1-7 Priority reservations and registrations § 4-1-1 FACILITY AND EQUIPMENT RENTAL FEES (A) r,,.edli„ , d eqlfffl- wew , ,ter, fi es- DESCRIPTION USER FEE 1. MEETING AND CLASSROOM SPACE Multi-purpose room("MGC") (e 1,.s_. euse) $60 00 per hour Large Classroom/Meeting Room Gl ssfe,.m (exclusive tise) $30 00 per hour i.� Small Classroom/Meeting Room $20.00 per hour 2 SPORTS FIELDS Sa4bajkbaseball (afganized e` Lights (2 hout!min) Q 15 nn r hau f Field preparation Softball/Baseball $30 00 per field Field preparation— Soccer/Football $60 00 per field Daytime Sports Field Usage $10.00 per hour Evening Sports Field Usage $17 00 per hour Lights (with bases; 2 hour-min) $15.00 pef hew: Day use /fi«st e e first s of Ne fee Field o i,„tal; loss than n , tws $30 nn pef field Field rental; ,l of more heti fs $60 00 der field Lights (2 hetif fflin) e15 00 r1,e .. Lights (2 hetif mm) Q l 5 00 ,. r heu Da. , use (r:...., , e first se e) Ne fee 3 GROUP USE (DESIGNATED AREAS ONLY) 24 or e�er-Peep (first eeme fifst sen,o) i e Fee Small Ramada(max 30 people; 2 hr. min.) $10.00 per hour Large Ramada(max. 50 people, 2 hr. min.) $15.00 per hour Multi-Use Area $8.00 per hour 2 C�p �vo Fob 50 to 74 pee* $20 00 pee 1 ettf $25 00 pef 1,ettf 4 RODEO PARK� ^"ice Arena preparation $50.00 per prep Daytime Arena Usage $8 00 per hour Evening Arena Usage (including lights) $17.00 per hour Multi-Use Area $8.00 per hour Concession Stand $8.00 per hour n r-en, of multi o o nta (or-g.,nized use). �a y Less s than n 1,,ufs $30-00 jet-use I n hours t loss than 8 1,,u fs $60 00-per-use I 8 ems $90 00 per-use A r-en., of multi o o rental ( r-ga,,.,owl use) with eeneession Less than A 1,oufs $50.00 pet use 4 hours♦e loss *1.a 8 1,oufs $108-00 pet use Q of more hour-s $150 00 Pei-use Lights (2 he e t c nn p r>,ouf 5 POOL ENTRY/PASSES Daily fees (17 and under) $4-40 $1.50 Daily fees (18 and over) $�_ $2.50 Season pass (17 and under) $45.00 $50.00 Season pass (18 and over) $65 00 $70 00 Family season pass (up to 6 members) $95 00$110 00 Eiaeh Additional members on family pass $15.00$20.00 6. SWIMMING POOL Pool rental - shared use, less than 100 people (2 hour minimum; includes lifeguard) $100 00 per hour Pool rental - shared use, 100 to 149 people (2 hour mimmum; includes lifeguard) $150.00 per hour Pool rental - exclusive use, 150 or more people (2 hour minimum; includes lifeguard) $200.00 per hour Pool rental - competition pool only (2 hour minimum, includes lifeguard) $100 00 per hour 7. MULTI-GENERATIONAL CENTER ENTRY/MEMBERSHIPS Daily fees (17 and under) $3.00 admrssien Daily fees (18 and ever older) $5.00 4-.W adm}ssien Monthly pass (17 and under) $16 00 Monthlyand ever older pass (18 ) $27 00 Monthly pass (Family up to 6 members) $60 00 Each additional member $10.00 Six month pass (17 and under) $82.00 Six month pass (18 and aver older) $132.00 Six month pass (Family up to 6 members) $297 00 Each additional member $25 00 Annual pass(17 and under) $132 00 Annual pass(18 and ever-older) $198 00 Annual pass(Family up to 6 members) $528.00 Each additional member $40 00 10—Day Punch Pass $35.00 8. SPORT COURTS Couft festal fee (easual, F fst 9mP/fifst serve) Tyr Fee Daytime Court Usage $2 50 per hour Evening Court Usage (includes lights) $5 00 per hour r,.cv nights $2 50 moo,.hetif Gymnasium $75.00 per hour 9 VETERAN'S MEMORIAL PARK(_fie Veteran's Memorial Park $15 00 per hour Q 1 n nn r 10. SPECIAL SERVICES/EQUIPMENT Barricades $3.00 each Bleachers - 3 row(includes delivery) $50.00 per day Bleachers - 5 row(includes delivery) $65.00 per day Dunk tank (ineludes delivefy) $75 00 per-day Field marker $6 00 per bag Folding chairs $1 00 each Folding tables $6 00 each Fl 4bed stefage (includes deliver-y) egg-pew` Malt beverage permit- single day fee $10 00 per day Malt beverage permit- multiple day fee $25.00 per event Personnel services (per employee) $25 00 per hour Rodeo arena PA system $30.00 per day Single sport package $6.00 per day Tractor/loader(includes operator) $55 00 per hour Traffic cones $1 00 each Used softballs $1 00 each Water truck(includes operator) $55.00 per hour Electronic messaging board#ee $500.00`*= $50.001 10 days Mobile stage * $500 00 per day Mobile stage setup/close down fee $250.00 per event Mobile stage refundable security/cleaning deposit $500.00 per event *Based on length of tiffle the messagewill be displayed and the antfflatien eemplexity of the *Stage must stay inside city limits, no reduced fees, additional staff assessed at personnel fee rate ($25.00 per hour), requires insurance with city as additional insured § 4-1-2 DEPOSITS. (1) A fefttiidable eleati tip/damage deposit, equal to the afflount ef user-fee, ts r-equifed- (A){?4 The Director of Parks and Recreation or his or her designee may WatVe require deposits or clean-up fees for equipment/facility rentals deemed necessary equal to or up to the i�► amount of the rental fee '' d/e do s h. a list a sat o ,.1. ivi bivup�-aiai vi-vi buiiiiur'L L•\.L(A LI VLIJIllt!J with the § 4-1-3 PROGRAM AND ACTIVITY FEES. DESCRIPTION USER FEE 1. ADULT SPORTS Leagues (teams)--per-seasen $50 00 - 500 00 Instruction--pefsess}efi $0 00 i 8 00 - 100 00 i i k 2 AQUATICS Swim instruction per-sessien $10.00 - 50.00 Swim team—pefseasen $30.00 - 75.00 3. DANCE/FITNESS/EXERCISE ,,,,nee/fitness/exec-ei a per session $0 00 10 00 - 75 00 4. OPEN GYM PROGRAMS Open gym and after sehool pfegfam-per session $3 00 25 00 - 300 00 5. SPECIAL EVENTS eity spensered Per event $0 00 - $10 00 1101idaN $0-00-- 5-00 yatifli $0-00--i o 00 6 SPECIAL INTEREST CLASSES Speeial rote est el asses per session $0 00 - $200 00 7 YOUTH SPORTS Leagues-pesen $20.00 - $75.00 Instruction-pefsessten $0.00 -5--i-0 - $150.00 § 4-1-4 REFUNDS. (T" n f;•n All refunds shall be made in full, except for a 10% administrative processing fee, with a$5 minimum § 4-1-5 PROMOTIONAL DISCOUNTS (A) Intent. The Parks and Recreation director or his or her designee may from time to time establish promotional discounts to encourage and increase participation in programs and memberships, especially for off season events (B) Limitation- With the exception of a limited quantity of free day passes to the multi- generational center or aquatic center, no promotion may exceed 50% off the regular price of admission. § 4-1-6 PRIORITY USE (A) No Fee CategorX The Parks and Recreation Department has priority use of all facilities and recreational areas When facilities are not in use for Parks and Recreation sponsored activities,they shall be available on a permit/no fee basis to the following• !'%k �► (1) All other city departments. (2) City council approved special events (considered annually during budget process). (3) Partner agencies with formal agreements. (B) Partial Fee Categ_o1y- Groups that meet the following Local Youth Serving Agency criteria will have priority use with those above, on a reduced fee basis (25% of regular public rates). (1) Youth Serving Agency is a 501(c)(3)non-profit organization (2) Youth Serving Agency is governed by local, unpaid volunteer board and unpaid staff (3) Participant members are made up of a majority of City of Apache Junction residents. (4) Youth Serving Agency participation is open to the public and not "by invitation only" or limited by any means other than the natural makeup of the league (i e no cuts and must have minimum participation/play rules in place). (C) Full Fee Category- When facilities are not in use by the Parks and Recreation department, or the groups listed above, they will be made available to other Apache Junction residents, groups or organizations on a permit/fee basis. Groups or organizations from outside the Apache Junction area are discouraged from using facilities, unless the activity is open to Apache Junction residents, promotes the welfare of the community, and a portion of the proceeds benefit a local non-profit entity. § 4-1-7 PRIORITY RESERVATIONS AND REGISTRATIONS The Parks and Recreation director or his or her designee may establish a priority registration or priority reservation period for Apache Junction residents Programs and facilities with the highest participation and/or use shall be considered for priority registration or priority reservation for Apache Junction residents. § n 1 7 DEPOSITS (A) A feftindable elean tip/damage depestt, equal to the ametint of user-fee, is r-equir- `L f The Dir-eeter- of Parks and Reer-eaken may waive deposits for-gr-eups and/e D4Epar-tmenl Adult orts i Leagues (teams) pe season $100 $400 $10 $40 Aquaties $3 A to $50 , Open gym pr-E)gfam, per- sessfen $25 te-$100 - Holiday $0 to $5 $0 te PO9 Youth Spefts_ agues-peef seasen $ 0 te-W $5 to $ 89 § ^ 1 4 D1~'1~'iTNDS 0 minimum Awk CLEAN VERSION 6-16-15 2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 4, FEES, ARTICLE 4-1. PARKS AND RECREATION FEE SCHEDULE Section 4-1-1 Facility and equipment rental fees 4-1-2 Deposits 4-1-3 Program and activity fees 4-1-4 Refunds 4-1-5 Promotional discounts 4-1-6 Priority use 4-1-7 Priority reservations and registrations § 4-1-1 FACILITY AND EQUIPMENT RENTAL FEES DESCRIPTION USER FEE 1. MEETING AND CLASSROOM SPACE Multi-purpose room("MGC") $60 00 per hour Large Classroom/Meeting Room $30 00 per hour Small Classroom/Meeting Room $20 00 per hour 2 SPORTS FIELDS Field preparation Softball/Baseball $30 00 per field Field preparation—Soccer/Football $60 00 per field Daytime Sports Field Usage $10 00 per hour Evening Sports Field Usage $17.00 per hour 3 GROUP USE (DESIGNATED AREAS ONLY) Small Ramada(max 30 people; 2 hr min.) $10.00 per hour Large Ramada(max. 50 people, 2 hr. min) $15 00 per hour Multi-Use Area $8 00 per hour 4 RODEO PARK Arena preparation $50.00 per prep Daytime Arena Usage $8.00 per hour Evening Arena Usage (including lights) $17.00 per hour Multi-Use Area $8.00 per hour /1 Concession Stand $8 00 per hour 5 POOL ENTRY/PASSES Daily fees (17 and under) $1 50 Daily fees (18 and over) $2 50 Season pass (17 and under) $50.00 Season pass(18 and over) $70.00 Family season pass (up to 6 members) $110 00 Additional members on family pass $20 00 6 SWIMMING POOL Pool rental - shared use, less than 100 people (2 hour minimum; includes lifeguard) $100 00 per hour Pool rental - shared use, 100 to 149 people (2 hour minimum, includes lifeguard) $150.00 per hour Pool rental -exclusive use, 150 or more people (2 hour minimum; includes lifeguard) $200.00 per hour Pool rental - competition pool only (2 hour minimum; includes lifeguard) $100.00 per hour 7. MULTI-GENERATIONAL CENTER ENTRY/MEMBERSHIPS Daily fees (17 and under) $3 00 Daily fees (18 and older) $5.00 Monthly pass(17 and under) $16.00 Monthly pass(18 and older) $27.00 Monthly pass(Family up to 6 members) $60 00 Each additional member $10 00 Six month pass (17 and under) $82 00 Six month pass(18 and older) $132 00 Six month pass (Family up to 6 members) $297 00 Each additional member $25 00 Annual pass (17 and under) $132.00 Annual pass (18 and older) $198.00 Annual pass (Family up to 6 members) $528 00 Each additional member $40 00 10—Day Punch Pass $35 00 8 SPORT COURTS Daytime Court Usage $2.50 per hour Evening Court Usage (includes lights) $5.00 per hour Gymnasium $75.00 per hour 9 VETERAN'S MEMORIAL PARK Veteran's Memorial Park $15 00 per hour 10 SPECIAL SERVICES/EQUIPMENT Barricades $3 00 each Bleachers - 3 row(includes delivery) $50.00 per day Bleachers - 5 row(includes delivery) $65 00 per day Field marker $6.00 per bag Folding chairs $1 00 each Folding tables $6 00 each Malt beverage permit- single day fee $10.00 per day Malt beverage permit-multiple day fee $25.00 per event /y Personnel services (per employee) $25.00 per hour Rodeo arena PA system $30 00 per day Single sport package $6 00 per day Tractor/loader(includes operator) $55.00 per hour Traffic cones $1.00 each Used softballs $1.00 each Water truck(includes operator) $55 00 per hour Electronic messaging board $50 00/10 days Mobile stage * $500.00 per day Mobile stage setup/close down fee $250.00 per event Mobile stage refundable security/cleaning deposit $500 00 per event *Stage must stay inside city limits, no reduced fees, additional staff assessed at personnel fee rate ($25 00 per hour), requires insurance with city as additional insured. § 4-1-2 DEPOSITS (A) The Director of Parks and Recreation or his or her designee may require deposits or clean-up fees for equipment/facility rentals deemed necessary equal to or up to the amount of the rental fee. § 4-1-3 PROGRAM AND ACTIVITY FEES. DESCRIPTION USER FEE 1. ADULT SPORTS Leagues (teams) $50 00 - 500.00 Instruction $0 00 - 10000 2 AQUATICS Swim instruction $10.00 - 50.00 Swim team $30.00 - 75.00 3 DANCE/FITNESS/EXERCISE per session $0.00 - 75.00 4 OPEN GYM PROGRAMS per session $3 00 - 300 00 5 SPECIAL EVENTS Per event $0 00 - $10 00 6 SPECIAL INTEREST CLASSES per session $0 00 - $200 00 7 YOUTH SPORTS Leagues $20 00 - $75.00 Instruction $0 00 - $150 00 § 4-1-4 REFUNDS. All refunds shall be made in full, except for a 10% administrative processing fee, with a $5 minimum § 4-1-5 PROMOTIONAL DISCOUNTS (A) Intent. The Parks and Recreation director or his or her designee may from time to time establish promotional discounts to encourage and increase participation in programs and memberships, especially for off season events (B) Limitation With the exception of a limited quantity of free day passes to the multi- generational center or aquatic center, no promotion may exceed 50% off the regular price of admission § 4-1-6 PRIORITY USE (A) No Fee Category- The Parks and Recreation Department has priority use of all facilities and recreational areas When facilities are not in use for Parks and Recreation sponsored activities,they shall be available on a permit/no fee basis to the following. (1) All other city departments. (2) City council approved special events (considered annually during budget process) (3) Partner agencies with formal agreements (B) Partial Fee Category. Groups that meet the following Local Youth Serving Agency criteria will have priority use with those above, on a reduced fee basis (25% of regular public rates)• (1) Youth Serving Agency is a 501(c)(3)non-profit organization. (2) Youth Serving Agency is governed by local, unpaid volunteer board and unpaid staff (3) Participant members are made up of a majority of City of Apache Junction residents (4) Youth Serving Agency participation is open to the public and not "by invitation only" or limited by any means other than the natural makeup of the league (i e no cuts and must have mimmum participation/play rules in place) (C) Full Fee Category- When facilities are not in use by the Parks and Recreation department, or the groups listed above, they will be made available to other Apache Junction residents, groups or organizations on a permit/fee basis Groups or organizations from outside the Apache Junction area are discouraged from using facilities, unless the activity is open to Apache Junction residents, promotes the welfare of the community, and a portion of the proceeds benefit a local non-profit entity § 4-1-7 PRIORITY RESERVATIONS AND REGISTRATIONS The Parks and Recreation director or his or her designee may establish a priority registration or priority reservation period for Apache Junction residents Programs and facilities with the highest participation and/or use shall be considered for priority registration or priority reservation for Apache Junction residents ROLL CALL VOTE NOTES 1 ITEM # 1 MEETING OF MOTION BY: \ SECONDED BY YES NO ABSTAINED COUNCILMEMBER EVANS VICE MAYOR BARKER COUNCILMEMBER RIZZI COUNCILMEMBER WALDRON COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: ITEM # MEETING F MOTION BY SECONDED BY: YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY J VICE MAYOR BARKER COUNCILMEMBER WILSON COUNCILMEMBER RIZZI MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL .M. .., Aamw ITEM NO. 12 I MOVE THAT ORDINANCE NO 1415 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED (Call upon the city clerk to read Ordinance No 1415 by title only Majority vote required.) I MOVE THAT ORDINANCE NO 1415, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO 1415, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS• /'► /^ PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1416,AMENDING CITY CODE CHAPTER 4, ARTICLE 4-3 ANIMAL CONTROL FEES SCHEDULE 2. Will PUBLIC SAFETY DIRECTOR TOM KELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. OWN .111111b, Idol. City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 85119 Agenda Item No 13 File ID. 15-188 Sponsor-Thomas Kelly Agenda Date-6/16/2015 Index In Control City Council Meeting A••.. Public Hearing and consideration of Ordinance No 1416, amending the Apache Junction City Code, Vol 1, Chapter 4, Fees, Article 4-3, Animal Control Fee Schedule Since the last amendment to the Animal Control Fee Schedule in 2008, the City's Animal Control Division, also known as the "Paws & Claws Care Center," has continued to experience increased operation and maintenance expenses which necessitates some adjustments In addition, there is a need to add a new personal dog kennel permit tier to allow for the keeping of 9-12 dogs The new fees will address these issues and will correct clerical irregularities Attachments. .... City of Apache Junction,Arizona Page i Printed on 611012015 Dogs Over 40 pounds without disposal $55 per animal Over 40 pounds with disposal $65 per animal Under 40 pounds without disposal $45 per animal Under 40 pounds with disposal $55 per animal Cats Any weight without disposal $35 per animal Any weight with disposal $40 per animal Gthers Cam, 25 perTan117a1 VACCINATIONS (RABIES ONLY) Dogs (3 months and older) $15 per animal Puppies (less than 3 months) $15 per animal Cats (any age) $15 per animal ANIMAL TRAPS (FOR CITY $15 refundable deposit RESIDENTS ONLY) plus $10 for each ten-day use period; $3 per day late return fee ADOPTION FEES (INCLUDES STERILIZATION) * Dogs $90 per animal Cats (any age) $70 per animal ADOPTION FEE FOR STERILIZED ANIMALS* Dogs $40 per animal Cats $30 per animal Others $40 per animal * The Director or his or her designee may waive adoption fees during official adoption events in order to encourage adoptions to reduce high inventories of animals . ** The ' recto r his AEEEEEMEEEF�� for rea ble ses SECTION II REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or in conflict with any part of the code adopted herein by reference are also hereby repealed ORDINANCE NO. 1416 PAGE 3 OF 4 ORDINANCE NO. 1416 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 4, FEES, ARTICLE 4-3, ANIMAL CONTROL FEE SCHEDULE; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to Arizona Revised Statutes Annotated ("A.R. S. ") Sections 9-276 (A) (1) and 9-494 (A) , cities and towns are authorized to establish, maintain, acquire, hold, improve and regulate public parks; and WHEREAS, the Mayor and City Council last approved an amended Animal Control fee schedule on April 15, 2008 when it adopted Ordinance No. 1311; and WHEREAS, since that time, the City of Apache Junction Animal Control Division has continued to experience increased operation and maintenance expenses on certain costs; and WHEREAS, there is also a need to create another tiered level for the maximum number of dogs a person can keep and associated fees. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL The Apache Junction City Code, Volume I, Chapter 4, Fees, Article 4-3, Animal Control Fee Schedule is hereby amended in its entirety to read as follows: ARTICLE 4-3 ANIMAL CONTROL FEE SCHEDULE DESCRIPTION FEE LICENSE FEES (DOGS) Sterilized $10 per dog ($5 per dog for senior citizens at least 62 years of age or older and physically disabled persons with proof of disability, such as but not limited to a disabled parking decal or medical card in the name of the disabled person) ORDINANCE NO. 1416 PAGE 1 OF 4 Non-sterilized $18 per dog LICENSE FEES (POT-BELLIED PIGS) Sterilized $7 per pig Non-sterilized $12 per pig IMPOUND FEE FOR DOGS AT-LARGE $40 per animal, per event $20 additional per each subsequent impound MICROCHIPPING FEES $25 per at-large dog $12 per adopted cat BOARD FEE (FEEDING, CLEANING AND $10 per animal, per day GENERAL CARE) DOG KENNEL PERMIT FEES Commercial dog kennel permit $80 annually (12-month period) Personal dog kennel permits Class 1 : $40 annually (12-month period, plus individual license fees) Class 2 : $60 annually (12- month period, plus individual license fees) ass 3 : $80 annuall 2-month period, plus idividlual . nse fees) LATE FEE $15 (delinquent 30 calendar days from date of examination) QUARANTINE FEE (BITING DOGS) $40 per animal, per event (plus $10 per day per animal board fee plus applicable license and vaccination fees) TAG REPLACEMENT $5 per replacement PICK UP LIVE DOGS OR POT-BELLIED $10 per event, per animal PIGS FOR SURRENDER (in-city service only) EUTHANASIA FEE Dogs E ORDINANCE NO. 1416 PAGE 2 OF 4 Over 40 pounds without disposal $55 4-& per animal Over 40 pounds with disposal $65 -5-0- per animal Under 40 pounds without disposal Ac per animal Under 40 pounds with disposal per animal Cats Any weight without disposal $' per animal Any weight with disposal $' per animal $� per animal VACCINATIONS (RABIES ONLY) Dogs (3 months and older) $15 per animal Puppies (less than 3 months) $15 per animal Cats (any age) $15 per animal ANIMAL TRAPS (FOR CITY $15 ?�7 refundable deposit RESIDENTS ONLY) , . p $10 for each ten 14 day use period $3 per day late return fee ADOPTION FEES (INCLUDES STERILIZATION) * Dogs $ -84 per animal Cats (any age) $ per animal ADOPTION FEE FOR STERILIZED ANIMALS* Dogs $40 per animal Cats $30 per animal Others $40 per animal * The Director or his or her designee may waive adoption fees during official adoption events in order to encourage adoptions to reduce high inventories of animals, but in no case may any such waivers be more than 500 of the adoption fees noted above. SECTION II REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or in conflict with any part of the code adopted herein by reference are also hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference is for any reason held to be invalid, pre-empted or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the ORDINANCE NO. 1416 PAGE 3 OF 4 remaining portions thereof. SECTION IV ESTABLISHING AN EFFECTIVE DATE The provisions of this ordinance shall take effect on -� PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2015. SIGNED AND ATTESTED TO THIS DAY OF , 2015 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: R. JOEL STERN City Attorney ORDINANCE NO. 1416 PAGE 4 OF 4 Atlftk CLEAN COPY 6- 15 - 15 ORDINANCE NO. 1416 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 4, FEES, ARTICLE 4-3, ANIMAL CONTROL FEE SCHEDULE; REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, pursuant to Arizona Revised Statutes Annotated ("A. R. S. ") Sections 9-276 (A) (1) and 9-494 (A) , cities and towns are authorized to establish, maintain, acquire, hold, improve and regulate public parks; and WHEREAS, the Mayor and City Council last approved an amended Animal Control fee schedule on April 15, 2008 when it adopted Ordinance No. 1311; and WHEREAS, since that time, the City of Apache Junction Animal Control Division has continued to experience increased operation and maintenance expenses on certain costs; and WHEREAS, there is also a need to create another tiered level for the maximum number of dogs a person can keep and associated fees . NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL The Apache Junction City Code, Volume I, Chapter 4, Fees, Article 4-3, Animal Control Fee Schedule is hereby amended in its entirety to read as follows : ARTICLE 4-3 ANIMAL CONTROL FEE SCHEDULE DESCRIPTION FEE LICENSE FEES (DOGS) Sterilized $10 per dog ($5 per dog for senior citizens at least 62 years of age or older and physically disabled persons with proof of disability, such as but not limited to a disabled parking decal or medical card in the name of the disabled person) Non-sterilized $18 per dog LICENSE FEES (POT-BELLIED PIGS) Sterilized $7 per pig Non-sterilized $12 per pig IMPOUND FEE FOR DOGS AT-LARGE $40 per animal, per event $20 additional per each subsequent impound MICROCHIPPING FEES $25 per at-large dog $12 per adopted cat BOARD FEE (FEEDING, CLEANING AND $10 per animal, per day GENERAL CARE) DOG KENNEL PERMIT FEES Commercial dog kennel permit $80 annually (12-month period) Personal dog kennel permits Class 1 : $40 annually (12-month period, plus individual license fees) Class 2 : $60 annually (12- month period, plus individual license fees) Class 3 : $80 annually (12-month period, plus individual license fees) LATE FEE $15 (delinquent 30 calendar days from date of examination) QUARANTINE FEE (BITING DOGS) $40 per animal, per event (plus $10 per day per animal board fee plus applicable license and vaccination fees) TAG REPLACEMENT $5 per replacement PICK UP LIVE DOGS OR POT-BELLIED $10 per event, per animal PIGS FOR SURRENDER (in-city service only) EUTHANASIA FEE Dogs ORDINANCE NO. 1416 PAGE 2 OF 4 Atak Over 40 pounds without disposal $55 per animal Over 40 pounds with disposal $65 per animal Under 40 pounds without disposal $45 per animal Under 40 pounds with disposal $55 per animal Cats Any weight without disposal $35 per animal Any weight with disposal $40 per animal VACCINATIONS (RABIES ONLY) Dogs (3 months and older) $15 per animal Puppies (less than 3 months) $15 per animal Cats (any age) $15 per animal ANIMAL TRAPS (FOR CITY $15 refundable deposit RESIDENTS ONLY) plus $10 for each ten-day use period; $3 per day late return fee ADOPTION FEES (INCLUDES STERILIZATION) * Dogs $90 per animal Cats (any age) $70 per animal ADOPTION FEE FOR STERILIZED ANIMALS* Dogs $40 per animal Cats $30 per animal Others $40 per animal * The Director or his or her designee may waive adoption fees Ark during official adoption events in order to encourage adoptions to reduce high inventories of animals, but in no case may any such waivers be more than 500 of the adoption fees noted above . SECTION II REPEALING ANY CONFLICTING PROVISIONS All other ordinances and parts of ordinances in conflict with the provisions of this ordinance or in conflict with any part of the code adopted herein by reference are also hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance, or any part of the code adopted herein by reference is for any reason held to be invalid, pre-empted or unconstitutional by the decision of any court of competent jurisdiction, such decisions shall not affect the validity of the remaining portions thereof. ORDINANCE NO. 1416 PAGE 3 OF 4 SECTION IV ESTABLISHING AN EFFECTIVE DATE The provisions of this ordinance shall take effect on September 1, 2015. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF 2015. SIGNED AND ATTESTED TO THIS DAY OF 2015. JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: R. JOEL STERN City Attorney ORDINANCE NO. 1416 PAGE 4 OF 4 Aink ROLL CALL VOTE t NOTES: ITEM # MEETING OF MOTION BY SECONDED BY YES NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER RIZZI COUNCILMEMBER EVANS COUNCILMEMBER WILSON COUNCILMEMBER WALDRON VICE MAYOR BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL /s ROLL CALL VOTE NOTES: I( ( � � "� Z" vv fo ITEM # ,1 MEETIN OF W � MOTION BY SECONDED BY YES NO ABSTAINED VICE MAYOR BARKER COUNCILMEMBER WALDRON COUNCILMEMBER WILSON COUNCILMEMBER EVANS COUNCILMEMBER RIZZI COUNCILMEMBER SERDY MAYOR INSALACO UNANIMOU IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 13 I MOVE THAT ORDINANCE NO. 1416 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED. (Call upon the city clerk to read Ordinance No. 1416 by title only Majority vote required ) I MOVE THAT ORDINANCE NO. 1416, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED). I MOVE THAT ORDINANCE NO. 1416,AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS. PUBLIC HEARING 1. For PROPOSED RESOLUTION NO. 15-10,DECLARING THE 2015 AMENDMENTS TO CITY CODE CHAPTER 6,ANIMALS 2. Will PUBLIC SAFETY DIRECTOR TOM KELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not, this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. r City of Apache Junction, Arizona 300 E Superstition Boulevard Agenda Item Cover Sheet Apache Junction AZ 85119 Agenda Item No 14 File ID: 15-209 Sponsor. Thomas Kelly Agenda Date 6/16/2015 Index. In Control- City Council Meeting Public Hearing and consideration of Resolution No 15-10, declaring as a public record that certain document filed with the city clerk entitled "2015 Amendments to the Apache Junction City Code, Vol 1, Chapter 6, Animals " This resolution declares the Animal Code modification referenced in in Ordinance No 1414, as a public record on file with the city clerk's office in order to save publication costs Attachments AOMk City of Apache Junction,Arizona Page 1 Printed on 611012015 Amok Amok RESOLUTION NO. 15-10 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER 6, ANIMALS"; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Arizona Revised Statutes Annotated (hereinafter "A R S. ") § 9-802 permits municipalities to enact the provisions of a code or public record in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A. R. S. §§ 9-801 (1) and 9-802, such codes include cable system provisions; and WHEREAS, City staff has identified such provisions herein, and it is the intent of the City to declare such documents and compilations as public records, on file in the office of the City Clerk. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: SECTION I IN GENERAL 1 . That certain document (a copy of which is attached hereto) entitled "2015 Amendments to the Apache Junction City Code, Volume 1, Chapter 6, Animals, " three copies of which are on file in the office of the City Clerk of the City of Apache Junction, Arizona, is hereby declared to be a public record, shall be made available for public use and inspection, and shall remain on file with the City Clerk. SECTION II ESTABLISHING AN EFFECTIVE DATE This resolution shall take effect on September 1, 2015 . RESOLUTION NO. 15-10 PAGE 1 OF 2 A01*4 Amok PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2015 SIGNED AND ATTESTED TO THIS DAY OF , 2015. Amk JOHN S . INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney RESOLUTION NO. 15-10 PAGE 2 OF 2 2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER 6,ANIMALS Article 66=1. Rules and Regulations 6=2 Impounding Generally 66=3 Dogs 66=4 Contractual Agreement 6-5 Confined Animals 6=6 Keeping of Animals 66=7 Potbellied Pigs 6=8 Keeping of Swine for Special Projects 6-9. Violations ARTICLE 6-1. Rules and Regulations Section 6-1-1 Definitions 6-1-2 Dangerous animals 6-1-3 Noises 6-1-4 Strays, housing 6-1-5 Swine prolubrted 6-1-6 Pet shops 6-1-7 Commercial dog kennels permits 6-1-8 Personal dog kennels permits 6-1-9 Veterinary hospitals 6-1-10 Wild animals 6-1-11 Cruelty and neglect § 6-1-1 DEFINITIONS For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning- Abandonment. To desert, forsake, or give up an animal without having secured another owner or custodian for the ammal, or by failing to provide the elements of basic care (food, water and shelter) A J C C Apache Junction City Code Altered A spayed female animal or a neutered male animal. Animal. Any mammal of a species that is susceptible to rabies, except humans and livestock. At Large In any street, alley,public park,private or public school property or other public place or on other private property without being secured by physical restraint such as a leash, chain, or rope,or is otherwise not confined in a secured enclosure. Cat A member of the Felis catus family. Collar A band, chain, harness or suitable device worn around the neck of an animal to which a license may be affixed Commercial Dog Kennel Any establishment exclusive of one providing dental, medical or surgical care which maintains any dogs over 4 months of age for trade,business,profit or gam Commercial Dog Kennel Permit City authorization provided under § 6-1-7 allowing operation of a commercial dog kennel Consecutive Business Days Monday through Friday are considered business days; business days do not include Saturdays, Sundays or city holidays even if the animal control division is open during these days. Contamination Anything that is harniful to animals or livestock that could lead to illness or death Cruel Mistreatment To torture or otherwise inflict physical injury upon an animal or to kill an animal in a manner that causes suffering to such animal Cruel Neglect To fail to provide an animal with food, water or shelter or medical treatment required to maintain health Dog A member of the Canis familiaris family Educational Institution Any public or private elementary or secondary school, or secondary technical or vocational school Enforcement Officer Any certified peace officer, or any City of Apache Junction animal control officer. Equine Horses,mules, burros and asses Fee Amounts enumerated in A J C C ,Vol I, § 4-7 Food A substance of sufficient quantity and nutritious value to maintain each animal in good health, provided at suitable intervals but at least once daily or as otherwise prescribed by a licensed veterinarian, appropriate to the species Fowl A bird of any kind, domesticated or wild, including poultry. Household All individuals who share the same residence,whether related or unrelated. I 2 I Impound The act of taking or receiving into custody by the enforcement officer any animal for the purpose of confinement in an authorized impound facility in accordance with the provisions of this article Impound Facility Any establishment authorized for the confinement, maintenance, safekeeping and control of dogs and other animals that come into the custody of the enforcement officer in the performance of his or her official duties Intentionally With respect to a result or to the conduct described by a statute defusing an offense where a person's objective is to cause that result or to engage in that conduct Kennel. An enclosed controlled area inaccessible to other am orals, in which a person keeps, harbors or maintains dogs under controlled conditions. Knowingly With respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists; it does not require any knowledge of the unlawfulness of the act or omission. Livestock. Bovine, equine, sheep, goats, swme, llamas and ratite. Manager. A person duly authorized by the owner to conduct business, act as an agent or otherwise carry out the legal rights and duties of the owner Manure Refuse of stables, yards, corrals or barnyards consisting of animal, livestock or fowl excreta with or without litter Medical Attention. Recommended procedures used to treat a particular disease, injury, infestation or ailment which an animal may have in order to heal, alleviate, or lessen the effects of such condition, or to prevent the animal from pain and suffering; treatment may be administered by either a licensed veterinarian appropriate to the species or the person who has custody or control of such animal depending on the severity of the condition and the knowledge, skills and ability of the person to provide the proper treatment. Owner Any person exercising care, custody or control of any animal for more than six consecutive calendar days or claiming any legal interest in such animal, indicators of ownership also include any license, permit, certificate, registration or other documentation which establishes a legal interest in such animal. Person Any individual, corporation,partnership, association or other legal entity. Personal Dog Kennel Any location where more than 4 dogs are kept, owned or controlled by a person or entity for companionship, enjoyment of the species, or for training for field working or obedience trials or exhibition for organized shows Personal Dog Kennel Permit City authorization provided under § 6-1-8 allowing a personal dog kennel Pet Shops Any commercial establishment at which animals, fowl or cold blooded species are kept for sale, groomed or treated for vermin Potbellied Pig Only registered purebred miniature Vietnamese potbellied pigs or other similar registered purebred miniature potbellied pigs 3 Protracted Suffering. Allowing an amoral to continue suffering a painful condition. Public Nuisance. An odor or noise that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons, when investigating public nuisance allegations, the enforcement officer shall take into consideration all factors which support any such allegations, including but not limited to. distances in which the complaining parties live from the offensive premises, number of complaining witnesses, number of complaining parties residing on the street or in the vicinity of the offensive premises, duration that the conditions existed, prior history of similar complaints, and communications between the complainants and offending party. Public Safety Director The person appointed by the city manager pursuant to A J C C , Vol I, Article 3-6 as the department head of the public safety department of the city or his or her appointed designee Rabies Quarantine Area Any area in which a state of emergency has been declared to exist due to the occurrence of rabies in animals in or adjacent to this area. Recklessly With respect to a result or to a circumstance described by a statute defusing an offense, which a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists, the risk must be of such nature and degree that disregard of such constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation, a person who creates such a risk but who is aware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk Responsible Person Any person currently delegated by the owner to exercise care, custody or control of an animal for more than six consecutive calendar days Shelter. A protection from the elements, either manmade or natural with regards to the geographical locations and the type of protection needed located within an animal's enclosure, in order to allow the animal free choice to utilize such protection. Swine or Pigs Only those pigs kept, maintained or harbored for a limited period of time in conjunction with 4-11, Future Farmers of America or other similar educational projects of a political subdivision of the state or an educational institution Unsanitary Premises Those premises on which animals, livestock or fowl are kept in a manner that creates insect and rodent breeding, noxious or offensive odors, or any other condition that is offensive to the senses of a reasonable person Vaccination The administration of an anti-rabies vaccine to animals by a veterinarian, or an authorized impound facility by employees trained by a veterinarian licensed by the State of Arizona Veterinarian Any veterinarian licensed to practice in Arizona or any veterinarian employed in Arizona by a governmental agency Veterinary Hospital Any establishment operated by a veterinarian licensed to practice in Arizona that provides clinical facilities and houses animals or birds for dental, medical or surgical treatment, a veterinary hospital may have adjacent to it or in conjunction with it or as an integral part of it,pens, stalls, cages or kennels for quarantine,observation or boarding. 4 Vicious Animal. Any animal of the carnivore order that has a propensity to attack, to cause injury to or otherwise endanger the safety of human beings or other domesticated or companion animal without provocation, or that has been so declared after a hearing before a justice of the peace, city magistrate, or superior court judge Proof of provocation of any animal attacked by the person mjured shall be a defense to any action for damages or petition for declaration of viciousness. Provocation shall be measured by whether a reasonable person would expect that the conduct or circumstances would likely encourage an animal to attack This definition does not apply to dogs utilized by law enforcement officers Water A transparent, odorless, and tasteless liquid compound of hydrogen and oxygen, of ambient temperature in sufficient volume as needed to maintain normal hydration for an animal Wild, Dangerous or Undomesticated Animal (1) That which is not of a species customarily used as an ordinary household pet, but one which would ordinarily be found in the wilderness of this or any other country, or one which otherwise causes a reasonable person to be fearful of bodily harm or property damage. Except as specifically listed below, fish in an aquarium are not included in this definition. Wild, Dangerous, or Undomesticated animal includes- (a) All venomous animals including rear-fang snakes, (b) Bears(Ursidae species "spp (c) Bison(Bison spp ); (d) Cheetahs (Acinonyxjubatus); (e) Constrictor snakes,6 feet in length or more, (0 Coyotes(Canis latrans); (g) Crocodilians(Crocodiha spp), 30 inches in length or more; (h) Deer(Cervidae spp)- includes all members of the deer family, for example, white tailed deer, elk, antelope and moose; (i) Elephants(Elephas spp and Loxodonta spp); 0) Game cocks and other fighting birds, (k) Hippopotami(Hippopotamidae spp), (1) Hyenas (Hyaenidae spp.), (m) Jaguars(Panthera onca), (n) Leopards(Panthera pardus), (o) Lions(Panthera leo), (p) Lynxes(Lynx spp ); (q) Non-human primates including prosinuans,monkeys and apes, (r) Piranha fish(Characidae spp), 5 (s) Pumas(Fens concolor); also known as cougars,mountain lions and panthers, (t) Rhinoceroses(Rhinocero tidae), (u) Sharks(class Chondrichthyes), (v) Snow leopards(Panthera uncia), (w) Tigers(Panthera tigris); (x) Wolves (Canis lupus) ,^ § 6-1-2 DANGEROUS ANIMALS (A) It is unlawful to permit any dangerous, or vicious animal of any kind to run at large within the city. Exhibitions or parades of animals which are ferae naturae in the eyes of the law may be conducted only upon securing a permit from the public safety director (B) Only enforcement officers are authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property (C) It is unlawful to own, harbor or maintain any animals of the wolf hybrid species, except those animals which are licensed and registered with the animal control division as of January 30, 1995 Except for renewals, no wolf hybrid shall be allowed to be licensed after January 30, 1995. Any license issued for a wolf hybrid shall not be allowed to transfer to a new owner § 6-1-3 NOISES It is unlawful and hereby declared a public nuisance for any person to harbor or keep any animals which habitually bark, howl, yelp, squeal, shriek or make any other sounds which disturb the peace and quiet of the neighborhood, or in such a manner as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons When investigating public nuisance allegations, the enforcement officer shall take into consideration all factors which support any such allegations, including but not limited to. distances in which the complaining parties live from the offensive premises, number of complaining witnesses, number of complaining parties residing on the street or in the vicinity of the offensive premises, duration that the conditions existed, prior history of similar complaints, and communications between the complainants and offending party § 6-1-4 STRAYS; HOUSING Any person who keeps or causes to be kept any horses, mules, cattle, burros, goats, sheep, other livestock or poultry, shall keep such animals in a pen or similar enclosure to prevent their roaming at large. Any such livestock or poultry running at large shall be impounded as provided in this chapter It is unlawful to cause or allow any stable or place where any animal is or may be kept to become unclean or unwholesome § 6-1-5 SWINE PROHIBITED It is unlawful to keep any live swine or pigs within the corporate limits of the city except as provided by A.J.0 C , Vol I, Article 6-7, and registered purebred miniature Vietnamese potbellied pigs or other similar registered purebred miniature potbellied pigs Any miniature pigs shall be subject to all other conditions and requirements as set forth in A J C C , Vol 1,Article 6- 7 6 .M, § 6-1-6 PET SHOPS (A) No sick or injured animal shall be maintained or held or offered for sale on the premises of pet shops. (B) Animals which are unweaned, under the age of 8 weeks, or so young that their sale would be injurious to them, shall not be sold, offered for sale nor given away (C) Every person maintaining a pet shop shall cause a notice to be framed and enclosed under glass, and to be posted in such a location as to be legible at all times from the outside containing. the name, address and telephone numbers of persons to be notified in case of emergency at any time who will, at the request of any enforcement officer or other designated authority, respond to the location to assist in any emergency or other situation in which such person's presence is indispensable (D) Dogs and cats kept in pet shops shall be caged so that each animal is afforded no less than 20 square feet in area per each dog or cat Each dog or cat over 3 months of age shall be kept in individual cages (E) Premises where animals and birds are kept shall be ventilated to the external air and adequately lighted to provide visibility. The premises shall be properly plumbed and have septic tanks or sewer connected sinks and shall have adequate supply of water readily accessible to the portions of the premises in which the animals or birds are kept Cages shall be constructed and designed so that their parts are easily cleaned. Floors shall be concrete, the or similar non-porous material. (F) The premises, implements, cages, yards, runs and appurtenances shall be kept clean, samtary, free of ammal and bird parasites, droppings or other health hazards and shall be cleaned and disinfected at least once daily Flies shall be controlled. (G) No portion of a pet shop shall be used for human habitation, nor shall food for human consumption be prepared or served in the same room in which animals or birds are kept § 6-1-7 COMMERCIAL DOG KENNEL PERMITS (A) Any person who owns, maintains or harbors any dogs over 3 months of age for trade, business,profit or gain must obtain a commercial dog kennel permit (B) The commercial dog kennel permit shall be valid for 12 months and will expire on the first anniversary of the permit. A renewal is required within 30 calendar days from the date of expiration, otherwise the matter will be considered delinquent, and a late fee, as established in A.J.0 C , Vol I, Article 4-3, shall be charged. Each subsequent permit that is issued will be valid for 1 year and will expire on the respective anniversary date The fee is established in A J.C.0 , Vol. 1, Article 4-3 No commercial dog kennel permit fee shall be prorated or refunded nor shall the permit be transferable (C) All zoning requirements established by the city for commercial business shall be met before a commercial dog kennel permit can be issued The owner/manager of any commercial dog kennel shall obtain and have on display a valid city license as required by A J C C, Vol. I, Chapter 8, Business, Article 8-1, General Business and Licensing Provisions 7 (D) It shall be the duty of the owner of the kennel to pay the applicable kennel fee on or before the date of establishing a kennel in the city The kennel fee shall be paid to the animal control division of the police department (E) The permittee shall operate the kennel so as to eliminate excessive or untimely noise from animals and offensive odors from the kennel. The kennel and grounds shall be maintained in a sanitary condition (F) The permittee shall retain the name, address and telephone number of the owner of each boarded dog and the license number of each dog. This register must be exhibited to any enforcement officer upon demand. The permittee shall also have on file proof of rabies vaccination for each dog housed on the premises. (G) The permittee shall retain the name and address of each person selling, trading or giving any dog to the kennel (H) The permittee shall provide an isolation ward for sick or injured dogs, so as not to endanger the health of other dogs or cause exposure to further injury. (I) The permittee shall notify the owner of a boarded dog when such dog refuses to eat or drink,or when such dog is injured or becomes weak or ill. (3) Any violations of this chapter and Vol I, Chapter 8, shall be cause to revoke any commercial dog kennel permit The permit may be revoked by the public safety director after notice and hearing The notice, hearing and appeal procedures shall be handled in the manner set forth below in §5-1-7 (L) (K) The animal control division shall, within 30 calendar days before the annual renewal date for the commercial dog kennel permit, inspect the premises to confirm compliance with provisions of this chapter. In no event shall a renewal be issued unless the inspection is made and all non-compliant matters are corrected before the annual renewal date The public safety director may cause random inspections anytime it is deemed necessary from 8 00 a.m. - 5 00 p in ,Monday through Friday without notice to the kennel proprietor. (L) Notice,hearing and appeal procedure (1) To suspend or revoke a permit, the annual control division shall deliver or mail by certified mail to the business address as shown by the permit application, a written notice that such permit is suspended or revoked. The reason for such suspension or revocation shall be set forth in the notice. The notice shall also contain the permittee's rights and procedures to appeal such suspension or revocation A suspended or revoked permit shall be surrendered to the animal control division on demand. (2) The animal control division shall grant on demand to any permittee whose permit has been revoked or suspended a full hearing on the merits of such suspension or revocation Appeal of the animal control division's action to a hearing officer appointed by the public safety director,pursuant to section(3)below, shall not be had prior to the hearing Demand for hearing shall be made within 10 working days of receipt of the animal control division's notice of suspension or revocation, and failure to demand a hearing within that tune will constitute a full waiver After considering evidence presented at the hearing, the ammal control division shall make a decision to uphold or repeal the permit suspension or revocation, and shall deliver or 8 mail by certified mail to the business address as shown on the permit application the results of the decision (3) Any person aggrieved by the animal control division's decision pursuant to section (2) above shall have the right of appeal to the designated hearing officer. The appeal shall be filed with the public safety director within 14 working days after receipt of the anneal control division's decision The appeal shall contain a written statement setting forth fully the grounds for the appeal The hearing officer shall set a time and place for a hearing on such appeal and AOWN notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on revocation. The decision and order of the hearing officer shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings under state law. (4) No person may reapply for any permit after denial, revocation or non-renewal of such permit unless the cause for such denial, revocation or non-renewal has been removed or corrected (M) A commercial dog kennel permit shall not be issued or renewed to any person who has been convicted of a violation of A R S §§ 13-2910 (cruelty to animals) or 13-2910 01 (dog fighting), or any other state, county, or municipal animal welfare law, except civil violations of leash laws § 6-1-8 PERSONAL DOG KENNEL PERMITS (A) Personal dog kennel permits (1) Class I permit A Class 1 permit for a personal dog kennel shall be required for any person who owns,maintains or harbors from 4 to 5 dogs over 3 months of age. (2) Class 2 permit A Class 2 permit for a personal dog kennel shall be required for any person who owns,maintains or harbors from 6 to 8 dogs over 3 months of age (3) Class 3 permit A Class 3 permit for a personal dog kennel shall be required for any person who owns,maintains, or harbors from 9 to 12 dogs over 3 months of age (4) Any person who owns, maintains or harbors 3 or less dogs over 3 months of age is not required to obtain a personal dog kennel permmt. (5) The provisions of Code of Federal Regulations, Title 9, Volume 1, § 3 6, relating to animal floor space, shall be considered when granting the above-noted permits (6) The permit provisions do not apply to emergency situations where a person or nonprofit entity boards dogs, subject to the following conditions- (a) The person boarding dogs will submit a sworn and notarized statement that they are caring for the dogs for a maximum of 30 calendar days per dog. (b) This statement shall contain the name, address, and phone number of the individual or organization who provided the dog to the boarder (c) No more than 2 dogs will be permitted under this emergency exception (d) The boarder will provide the animal control division with the final disposition of the animal within the 30-calendar day period for each dog noted on the original 9 statement, as well as the name and contact information of the adopting party Extensions of the 30-day time limit may be permitted at the discretion of the animal control division, but in no event shall such extension exceed 6 months per animal (e) The goal of tins emergency exception is to protect the animals that are in foster care rather than to punish law abiding pet owners (7) Any service animal as defined under applicable Arizona law including but not limited to A.R.S. §§ 9-500.32, 11-1024, and 13-2910, is not to be counted toward the maximum allowed dogs under this section, and no license fees shall be applied for such animals pursuant to A R S § 9-500 32, nor any search and rescue dog as set forth in A R S § 9-500 32 (B) Each personal dog kennel permit shall be valid for 12 consecutive months and expire on the first anniversary of the permit and shall become delinquent 30 calendar days from the date of expiration Each subsequent permit issued will be valid for a 1-year period and expire on the respective anniversary date The fee is established in A J C C , Vol I, Article 4-3 A late fee shall be charged on all delinquent personal dog kennel permits, as established by A J C C , Vol I, Article 4-3. No personal dog kennel permit shall be prorated or refunded nor shall the permit be transferable (C) All dogs covered by a personal dog kennel permit shall be vaccinated, licensed and spayed or neutered A dog owner may apply for a waiver of the spay or neuter requirement as long as they obtain a veterinarian's written opinion that such surgery would endanger the safety of the dog, or a certification from a veterinarian determining that the other dogs owned by the owner or those maintained or harbored at the same address are spayed and/or neutered. At the discretion of the animal control division and upon documented proof, the spaying and neutering requirement shall not apply to American Kennel Club or Canadian Kennel Club dogs (D) At no tune shall dogs covered under this section be used for trade, business, profit or gain There shall be no boarding or breeding of dogs covered by this pernut All dogs shall be the exclusive property of the permittee (E) The permittee shall operate the personal dog kennel so as to eliminate excessive or untimely noise from animals and offensive odors from the kennel The kennel and grounds shall be maintained in a sanitary condition The property covered by this permit shall be surrounded �! by a fence of sufficient height and strength to confine the dogs Sufficient height and strength will be determined by an enforcement officer based on the size of the dog being confined (F) Any violations of this chapter and A J C C , Vol. I, Chapter 8 shall be cause to revoke any commercial dog kennel permit The permit may be revoked by the public safety department director after notice and hearingThe notice hearing and appeal procedures shall be handled in � g pP the same manner set forth below in § 6-1-8 (G) (G) Notice,hearing and appeal procedure. (1) To suspend or revoke a permit, the animal control division shall deliver or mail by certified mail to the business address as shown by the permit application, a written notice that such permit is suspended or revoked The reason for such suspension or revocation shall be set forth in the notice. The notice shall also contain the permittee's rights and procedures to appeal such suspension or revocation. A suspended or revoked permit shall be surrendered to the animal control division on demand 10 (2) The anneal control division shall grant on demand to any permrttee's whose permit has been revoked or suspended a full hearing on the merits of such suspension or revocation Appeal of the animal control division's action to a hearing officer appointed by the public safety director,pursuant to section(3)below, shall not be had prior to the hearing Demand for hearing shall be made within 10 working days of receipt of the animal control division's notice of suspension or revocation, and failure to demand a hearing within that time will constitute a full waiver. After considering evidence presented at the hearing, the animal control division shall make a decision to uphold or repeal the permit suspension or revocation, and shall deliver or /,, mail by certified mail to the business address as shown on the permit application the results of the decision. (3) Any person aggrieved by the animal control division's decision pursuant to section (2) above shall have the right of appeal to the designated hearing officer The appeal shall be filed with the public safety director within 14 working days after receipt of the animal control division's decision The appeal shall contain a written statement setting forth fully the grounds for the appeal The hearing officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on revocation. The decision and order of the hearing officer shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings under state law (4) No person may reapply for any permit after denial, revocation or non-renewal of such permit unless the cause for such denial, revocation or non-renewal has been removed or corrected (H) Any dogs over the allotted number allowed will either be surrendered to the animal control division or to new homes found by the owner within a 36-hour period after the discovery of the excess number of dogs by enforcement officers The holder of a personal dog kennel permit shall not be bound by the same requirements governing a commercial dog kennel permmt. (I) The animal control division shall, within 30 calendar days before the annual renewal date for the personal dog kennel permit, inspect the premises to confirm compliance with provisions of this chapter. In no event shall a renewal be issued unless the inspection is made and all non- compliant matters are corrected before the annual renewal date (J) A personal dog kennel permit shall not be issued to any person who has been convicted of a violation of A R S §§ 13-2910 (cruelty to animals) or 13-2910.01 (dog fighting), or any other state, county, or municipal animal welfare law, except civil violations of leash laws. § 6-1-9 VETERINARY HOSPITALS (A) The provisions of A J C C , Vol I, § 6-1-6 Pet Shops, subsections (C) through (G) shall apply to veterinary hospitals, as defined in A J C C , Vol I, § 6-1-1 In addition, caged areas shall contain no less than 20 square feet per any dog or cat boarded (B) Veterinary hospitals and clinics shall keep records for each animal or bird treated, including an accurate description of the animal or bird, the treatment given, including diagnosis, if possible, vaccinations and dates of admission and discharge Such records shall be made available for inspection by an enforcement officer 11 § 6-1-10 WILD ANIMALS (A) No person shall harbor, maintain or control a wild, dangerous or undomesticated animal, as defined in A.J.C.0 ,Vol I, § 6-1-1,within the city limits (B) The provisions of this section shall not apply to any keeping of such wild animals in a bona fide licensed veterinary hospital for treatment, bona fide educational institution, circus, zoo or other event for education or entertainment which has obtained a special permit from the animal control division The animal control division shall issue a special permit if it determines (1) That the animal is at all tunes kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or the property of others. (2) That adequate safeguards are made to prevent unauthorized access to such animal by members of the public. (3) That the health or well-being of the animal is not in any way endangered by the manner of keeping or confinement. (4) That the keeping of such animal does not constitute a nuisance, as defined in A.J.C.C., Vol 1, § 6-1-3, pertauung to noisy animals, and is in compliance with all city zoning and business licensing and regulations (5) That the keeping of such animal will not create or cause offensive odors or constitute a danger to public health. (6) That the quarters in which such animal is kept or confined are adequately lighted and ventilated and are so constructed that they may be kept in a clean and sanitary condition. (7) That the applicant for such special permit prove their ability to respond in damages to and including the amount of $1,000,000 per occurrence, $2,000,000 aggregate, for bodily injury to or death of any person or persons or for damage to properly owned by any other person which may result from the ownership, keeping or maintenance or such animal Proof of liability to respond in damages may be given by filing with the city attorney a certificate of insurance stating that the applicant is, at the time of application, and will be during the period of such ^ special permit, insured against liability to respond in such damages, or by posting with the city attorney a surety bond conditioned upon the payment of such damages during the period of such special permit The certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless 30 calendar days' written notice is first given to the city attorney The applicant shall also cause such certificate of insurance to state the "City of Apache Junction" as an additional insured party, a copy of which must be sent to the office of the city attorney at least 60 days prior to such special event. (8) Any violation of this chapter shall be cause to revoke the special permit The permit may be revoked by the public safety department director after notice and hearing The notice, hearing and appeal procedures shall be governed by the provisions set forth below in§6-1-10 (C) (C) Notice, hearing and appeal procedure. 12 (1) To suspend or revoke a permmt, the animal control division shall deliver or mail by certified mail to the business address as shown by the permit application, a written notice that such permit is suspended or revoked The reason for such suspension or revocation shall be set forth in the notice The notice shall also contain the permittee's rights and procedures to appeal such suspension or revocation A suspended or revoked permt shall be surrendered to the animal control division on demand (2) The animal control division shall grant on demand to any permittee's whose permit has been revoked or suspended a full hearing on the merits of such suspension or revocation. Appeal of the animal control division's action to a hearing officer appointed by the public safety director,pursuant to section(3)below, shall not be had prior to the hearing. Demand for hearing shall be made within 10 working days of receipt of the animal control division's notice of suspension or revocation, and failure to demand a hearing within that time will constitute a full waiver After considering evidence presented at the hearing, the animal control division shall make a decision to uphold or repeal the permt suspension or revocation, and shall deliver or mail by certified mail to the business address as shown on the permit application the results of the decision (3) Any person aggrieved by the animal control division's decision pursuant to section (2) above shall have the right of appeal to the designated hearing officer The appeal shall be filed with the public safety director within 14 working days after receipt of the animal control division's decision The appeal shall contain a written statement setting forth fully the grounds for the appeal The hearing officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on revocation The decision and order of the hearing officer shall be fmal and conclusive, except any person aggrieved may pursue any proper judicial proceedings under state law (4) No person may reapply for any permit after denial, revocation or non-renewal of such permit unless the cause for such denial, revocation or non-renewal has been removed or corrected § 6-1-11 CRUELTY AND NEGLECT (A) Cruelty It is unlawful for any person to overdrive, overload, overwork, torture, torment, mutilate or unlawfully kill an animal, or cause or procure an animal to be so overdnven, overloaded, driven when overloaded, overworked, tortured, tormented, beaten, mutilated, or killed and whomever, having charge or custody of an animal as owner or otherwise, inflict cruelty upon it, drive or work it when unfit for labor, abandon it, or knowingly and willfully authorize or permit it to be subjected to torture, suffering or cruelty of any kind (B) Neglect Animals under human custody or control shall be housed in healthy environments and shall be provided with proper food, water, shelter, medical care and ventilation. Any person owning or having care, custody or control of any animal shall provide that: (1) The animal receives on a daily basis, food that is free from contamination and is of sufficient quantity and nutritious value to maintain the animal in good condition. (2) Potable water is accessible to the animal at all times, either free flowing or in a clean receptacle 13 (3) Except for livestock, all animals shall have convenient access to natural or artificial shelter throughout the year Any artificial shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements, and of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation does not comply with this section Any shelter, all bedding and any spaces accessible to the animal, shall be maintained in a manner which minimizes the risk of the animal contracting disease,being injured, or becoming infested with parasites (4) The animal shall receive care and medical attention for injuries, parasites, and ^ diseases, sufficient to maintain the animal in good health and minimize the suffering or is humanely euthanized to prevent protracted suffering and pain to the animal (5) If the animal is on a tie out, consisting of a chain, leash, wire, cable or similar restraint, it shall be so located as to keep the animal exclusively on the secured premises. Tie outs shall be so located that the animal cannot become entangled with other objects. Collars used to attach an animal to a tie out shall not be of a choke type The tie out shall not weigh more than 1/8 of the animal's total body weight and shall not be shorter than 3 tunes the length of animal, measuring from the tip of the nose to the end of the tail (C) Abandonment It is unlawful for a person to drop off or leave an animal on a street, road, highway, in a public place or on private property without food, water or shelter (D) Violations Any violation of divisions(A), (B) or(C) shall be a class I misdemeanor Article 6-2. Impounding Generally Section 6-2-1 Scope of article 6-2-2 Impounding of animals at large 6-2-3 Notice to owners of impoundment ^ 6-2-4 Conditions and duration of impoundment 6-2-5 Redemption of impounded ammals 6-2-6 Unclaimed impounded animals 6-2-7 Impeding Enforcement Officer 6-2-8 Biting animals; quarantine § 6-2-1 SCOPE OF ARTICLE The provisions of this article shall apply to the impoundment of all animals § 6-2-2 IMPOUNDING OF ANIMALS AT LARGE It shall be the duty of the enforcement officer to impound all animals found at large, or not under the charge, care or control of some person in the street, alleys or other public places,or on vacant or unenclosed lots in the city The enforcement officer shall have the right to enter upon private 14 property when it becomes necessary to do so in order to apprehend any animal that has been roaming at large. Such entrance upon private property shall be in reasonable pursuit of such animal(s) and shall not include entry into a domicile unless it is at the invitation of the occupant or by way of search warrant or exigent circumstances exist justifying a warrantless entry § 6-2-3 NOTICE TO OWNERS OF IMPOUNDMENT If the owner of any impounded animal shall be known to the enforcement officer and shall reside or have a known place of business in the city, the enforcement officer shall notify the owner of such animal personally, or by door-hanger notice, or by letter through the post office within 24 hours after such animal has been impounded The notice shall contain a description of the arumal and shall state that unless reclaimed, such animal will be adopted out or destroyed after such animal is left unclaimed for 3 consecutive business days If the owner of any impounded animal is not known to the enforcement officer or does not reside or have a known place of business in the city, then no notice needs to be sent. If an animal is suspected to be abandoned, the enforcement officer will leave a 24-hour notice at the location where the animal is last observed, advising any interested person should contact the animal control division or the animal will be removed from the property after such time. § 6-2-4 CONDITIONS AND DURATION OF IMPOUNDMENT The enforcement officer shall keep all captured and impounded animals in a safe, convenient and comfortable place and shall feed such animals as necessary and treat them in a humane manner during the time they are impounded The duration of impoundment shall not be less than 3 consecutive business days,unless sooner claimed by the owner. § 6-2-5 REDEMPTION OF IMPOUNDED ANIMALS If the owner of any animal shall, within 3 consecutive business days after such animal has been captured and impounded, apply to the enforcement officer and pay the fees and charges authorized under this chapter, as well as make current all licensing and vaccination requirements and fees, the animal control division must make the animal available for return to the owner at the animal control division office. ^ § 6-2-6 UNCLAIMED IMPOUNDED ANIMALS If a dog or cat is not reclaimed within the impound period noted in Section 6-2-3 above, the animal control division may place such animal up for sale, adoption, rescue, or may dispose of the animal in a humane manner. The animal control division may destroy impounded, sick or injured animals whenever such destruction is necessary, at any time to prevent such an animal from suffering, to prevent the spread of disease, or for the safety and welfare of the public and city employees. § 6-2-7 IMPEDING ENFORCEMENT OFFICER It is unlawful for any person to, in any manner a) provide false or mcomplete information to an enforcement officer concerning the whereabouts, ownership, license status, or current rabies vaccination of any animal, b) interfere, intervene, impede, prevent, obstruct, intimidate an enforcement officer in the discharge of his or her duties in capturing or attempting to capture and impound any and all animals which it shall be his or her duty to impound under the provisions of this chapter, or c) rescue or attempt to rescue any animal so captured or to release any animal so impounded 15 § 6-2-8 BITING ANIMALS, QUARANTINE Whenever any animal bites a person, the person so bitten and the owner of the animal shall immediately notify the enforcement officer, who shall quarantine the animal, order the animal held on the owner's premises if the animal meets the home quarantine guidelines, and is current on rabies vaccinations and on licensing, or shall have it impounded for at least 10 calendar days or a longer period if necessary for a complete examination. If it is determined that the animal is infected with rabies or other dangerous, contagious and infectious disease, it shall be the duty of the enforcement officer to destroy such animal in a humane manner. If the animal is surrendered by the owner to the animal control division and the animal is acting aggressively or unpredictably, the animal will be humanely euthanized and its head will be forwarded to the Arizona Department of Health Services for rabies testing If the animal dies during the period of quarantine or impoundment, its head shall be forwarded to the Arizona Department of Health Services for examination It is unlawful for a person either to refuse surrender of the animal for quarantine or fail to abide by the home-quarantine provisions of this section If at the end of the quarantine period, the animal is determined to not be infected with rabies or other dangerous, contagious or infectious diseases,the animal shall be released to its owner. Article 6-3 Dogs Section 6-3-1 Licenses and tags generally 6-3-2 Rabies vaccination required 6-3-3 Running at large 6-3-4 Impoundment 6-3-5 Hearing on disposition of abused and vicious animals 6-3-6 Vicious dogs 6-3-7 Owner liability eIN 6-3-8 Dogs killing animals, livestock or fowl 6-3-9 Dog fecal matter § 6-3-1 LICENSES AND TAGS GENERALLY (A) License fees, as established in A J.C.C., Vol I, Article 4-3, shall be paid for each dog 3 months of age and older that is kept, possessed, harbored or maintained within the boundaries of the city for at least 30 days of each calendar year The amount of fees may differentiate between sterilized and unsterilized dogs (B) Durable dog tags shall be provided by the city Each dog licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the city,the number of the license and the year of issue. All dog tags shall expire 1 year from the date of issuance The tag shall be attached to a collar or harness which shall be wom by the dog at all tunes except as otherwise provided in this article Whenever a dog tag is lost, a duplicate 16 shall be issued upon application by the owner and a replacement fee, as established in A.J.0 C , Vol I, Article 4-3, shall be charged (C) It is unlawful for any person to counterfeit or attempt to counterfeit an official license tag or remove such tag from any dog for the purpose of willful and malicious mischief or place a license tag upon a dog unless the tag was issued to that dog § 6-3-2 RABIES VACCINATION REQUIRED (A) Before a license is issued for any dog, the owner must present a rabies vaccination certificate signed by a veterinarian stating the owner's name and address and giving the dog's description, date of vaccination and type, manufacturer and serial number of the vaccine and date re-vaccination is due A duplicate of each rabies vaccination certificate issued shall be transmitted to the enforcement officer on or before the tenth day of the month following the month during which the dog was vaccinated. No dog shall be licensed unless it is vaccinated in accordance with the provisions of this article. (B) A dog vaccinated in any other place prior to entry into the city may be licensed in the city provided that at the time of licensing, the owner of such dog presents a vaccination certificate, signed by a veterinarian licensed to practice in that place or a veterinarian employed by a governmental agency in that place, stating the owner's name and address and giving the dog's description, date of vaccination and type, manufacturer and serial number of the vaccine used The vaccination must be in conformity with the provisions of this article (C) If a dog is impounded and found to be unvaccinated, the enforcement officer will cause such dog to be vaccinated at the pound at a cost to be borne by the owner The vaccination shall be performed by animal control personnel or other qualified personnel who animal control personnel have delegated such duty to, and who shall then issue a certificate of vaccination The vaccinated animal shall not be released until such time as all vaccination, care and impound fees are paid in full. § 6-3-3 RUNNING AT LARGE (A) No person owning, keeping, possessing, harboring or maintaining any dog shall allow such dog to be at large as defined in A.J.C.C., Vol I, § 6-1-1 However, notwithstanding such limitations, a dog is deemed to be not at large under the following circumstances. (1) Mule such dog is restrained by a leash, chain, rope or cord of not more than 6 feet in length and of sufficient strength to control action of the dog (2) While such dog is used for control of livestock or while being used or trained for hunting or being exhibited or trained at a kennel club event or while engaged in races approved by the Arizona Racing Commission. (3) While the dog is actively engaged in dog obedience training, accompanied by and under the control of the owner or trainer, provided that the person training the dog has in their possession a dog leash of not more than 6 feet in length and of sufficient strength to control the dog, and further, the dog is actually enrolled in or has graduated from a dog obedience training school which has been approved by an enforcement officer (B) The enforcement officer shall apprehend and/or impound any dog running at large The enforcement officer will enter private property to apprehend any dog that has been running at 17 I large Such entry shall be in a reasonable pursuit and shall not include entry into a domicile or enclosure which confines a dog except at the invitation of the occupant or owner. § 6-3-4 RvfPOUNDMENT (A) If a dog is impounded for any reason and is not already microchipped, the animal control division is hereby authorized to cause such dog to be microchipped at a cost to be borne by the owner. The microchipping shall be performed by animal control division personnel or other qualified personnel which have been delegated such duty (B) Impoundment fees together with fees for care and feeding, as established in Vol 1, Article 4-3, shall be assessed for the impoundment of dogs § 6-3-5 HEARING ON DISPOSITION OF ABUSED AND VICIOUS ANIMALS An enforcement officer who has impounded an animal p pursuant to this article on a showing of probable cause that the animal has been cruelly mistreated or cruelly neglected or that the animal is vicious or may be a danger to the safety of any person or other animal, may request, through the city attorney's office, a disposition hearing before the city magistrate to determine whether the animal has suffered cruel mistreatment or cruel neglect as defined in A.R.S. § 13-2910 or is vicious as defined in A J C C , Vol I, § 6-1-1 The court shall schedule the hearing within 15 business days after the request has been filed The animal will be held by the animal control division or its designee until the matter has been fully adjudicated by the municipal court, and all appellate time periods have expired § 6-3-6 VICIOUS DOGS It is unlawful for any person to keep, harbor, allow to run at-large, or otherwise have under his or her control any vicious dog or direct or control of any vicious dog This section shall not apply to zoos, wild animal parks or animal shelters Vicious dogs may be impounded if they are found at large and may be kept impounded until there is a final disposition of any criminal complaint or payment in full of all civil sanctions imposed ansing from the alleged violation of this section, provided that the criminal or civil complaint is filed within 30 days of the alleged violation date Also, in the judgment of the enforcement officer, any dog at large that is dangerous, or vicious, and poses an immediate threat to human safety that cannot be safely impounded, may be ^ immediately disposed of in a humane manner. § 6-3-7 OWNER LIABILITY (A) Injury to any person or animal or damage to any property, by an animal while at large or under the owner's control, shall be the full responsibility of the animal owner or person responsible for the animal when such damages were inflicted (B) The owner of an animal which bites a person who is in or on a public place or lawfully in or on a private place, including the property of the owner of the animal, is liable for damages suffered by the person bitten, regardless of the former viciousness of the animal or the owner's previous knowledge of its viciousness § 6-3-8 DOGS KILLING ANIMALS, LIVESTOCK OR FOWL The provisions of A R S § 3-1311 govern situations where dogs kill, wound or chase livestock, except that the same provisions also apply where dogs kill,wound or chase any animal or fowl I 18 § 6-3-9 DOG FECAL MATTER Any person owning, possessing, harboring or having the care, charge, control or custody of any dog shall immediately remove and thereafter dispose of any fecal matter deposited by the dog on public or private property, unless the property owner has given prior approval to use the property for this purpose Article 6-4. Contractual Agreement Section 6-4-1 Intergovernmental agreements § 6-4-1 INTERGOVERNMENTAL AGREEMENTS Notwithstanding any provision of this chapter to the contrary, the council may contract with other agencies to enforce the provisions of this chapter Article 6-5 Confined Animals Section 6-5-1 Confined animals in motor vehicles or other places of endangerment 6-5-2 Impoundment of animals found in motor vehicles 6-5-3 Exceptions § 6-5-1 CONFINED ANIMALS IN MOTOR VEHICLES OR OTHER PLACES OF ENDANGERMENT No person having charge or custody of an animal, as owner or otherwise, shall place or confine such animal, or allow such animal to be placed or confined or to remain in a motor vehicle or in such a location under such conditions or for such a period of time as may endanger the health or well-being of such animal due to heat or cold, lack of food, drink, adequate ventilation or such other circumstances as may reasonably be expected to cause suffering, disability or death. § 6-5-2 IMPOUNDMENT OF ANIMALS FOUND IN MOTOR VEHICLES An enforcement officer who finds an animal in a motor vehicle in violation of this article may force entry into the motor vehicle if necessary to remove the animal. The enforcement officer removing the animal shall take the animal to the animal control division or other place of safekeeping and shall, in the event the person having custody cannot be otherwise contacted, leave in a prominent place in the motor vehicle a written notice bearing the enforcement officer's name,the office and address where the animal may be claimed by the owner thereof. The animal will be surrendered to the owner if the owner claims the ammal within 3 business days from the time the animal was removed from the motor vehicle and shall pay all reasonable charges that have accrued for the maintenance of the animal The owner must also at such time of return of such animal make current all licensing and vaccinations and pay all associated fines In addition, the owner shall show proof of payment of any court fines for any citations that were issued as a result of the impoundment prior to or at the time the animal is returned to the owner 19 d § 6-5-3 EXCEPTIONS Nothing in this article shall be deemed to prohibit the transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for such purpose. Article 6-6 Keeping of Animals Section 6-6-1 Maintenance of property 6-6-2 Sanitary regulations 6-6-3 Enforcement § 6-6-1 MAINTENANCE OF PROPERTY (A) No person, firm or corporation shall be permitted to keep or harbor any animal in such a manner that the housing conditions shall cause insect or rodent breeding, obnoxious or offensive odors or those that constitute a public nuisance (B) All corrals, barns, enclosures or other structures used for the purpose of housing, keeping or caring for any animal or animals shall be structurally sound so as to contain such ammals safely and securely § 6-6-2 SANITARY REGULATIONS (A) Manure shall be removed from any yard, corral, barn, enclosure or any other structure used for the purpose of housing, keeping or caring for an animal or livestock as often as necessary to maintain a sanitary premise that will not cause a hazard to the health of an animal or livestock Manure however may be composted or distributed evenly in a thin layer in turnouts or roundpens for purposes of dust control (B) Drinking troughs shall contain clean and fresh water and shall be provided with adequate overflow drainage and such drainage shall be controlled so as to prohibit any flow onto adjoining properties or the breeding of mosquitoes or other noxious insects Livestock must have access to drinking water at all times. (C) Manure shall not be accumulated in any place or in any manner whereby it may affect a source of drinking water or groundwater. (D) Spillage and leftovers from animal feedings shall be disposed of in such a manner that insect or rodent breeding or obnoxious odors do not exist. (E) Manure shall be located on the property on which the ammals or livestock generating the manure are kept or harbored so as to prevent the manure from entering onto an adjoining property Reasonable containment procedures shall take into consideration acts of nature such as i rainfall and wind, as well as natural drainage courses and sloping terrain i 20 i ..•. ... § 6-6-3 ENFORCEMENT All animals shall be kept or harbored with adequate food, water and care in accordance with the provisions of this chapter It shall be the duty of the enforcement officer to impound any animals which are maintained in such conditions in violation of this code in accordance with the provisions as contained in Vol I, Article 6-2 .•. Article 6-7• Potbellied Pigs Section 6-7-1 Licenses and tags 6-7-2 Running at large 6-7-3 Impoundment 6-7-4 Biting pigs 6-7-5 Owner liability 6-7-6 Keeping of potbellied pigs 6-7-7 Number permitted 6-7-8 Commercial breeding prohibited § 6-7-1 LICENSES AND TAGS (A) A license shall be required, with a fee as established in A J C C , Vol I, Article 4-3, for each potbellied pig 4 months of age or over that is kept, harbored or maintained within the boundaries of the city for at least 30 calendar days of each year The license is valid for 12 months from the month of issue and shall expire if not renewed by the end of each year (B) Durable license tags shall be provided by the city Each potbellied pig licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the city, the number of the license and the year of issue All license tags shall expire 12 months from the month of issue The tag shall be attached to a collar or harness which shall be worn by the potbellied pig at all times except as may be otherwise provided in this article Whenever a license tag is lost, a duplicate tag shall be issued upon application by the owner (C) It is unlawful for any person to counterfeit or attempt to counterfeit an official license tag or remove such tag from any potbellied pig for the purpose of willful and malicious mischief or place a license tag upon a potbellied pig unless the tag was issued to that potbellied pig (D) Whenever the ownership of a potbellied pig has changed, the new owner must obtain a new license and pay the fees (E) The Enforcement Officer shall apprehend and impound any potbellied pig found without a current valid license tag 21 § 6-7-2 RUNNING AT LARGE (A) No person owning,keeping, possessing, harboring or maintaining any potbellied pig shall allow such potbellied pig to be at large as defined in A J.C.C., Vol. I, § 6-1-1 subject to the perrmssion of the public safety director pursuant to this article (B) The enforcement officer shall apprehend and impound any potbellied pig running at large § 6-7-3 IMPOUNDMENT (A) Impoundment regulations as contained in A J C C , Vol I, Article 6-2, except those applied to livestock, shall apply to potbellied pigs I (B) Impoundment fees together with fees for care and feeding, as established in A.J.C.C., Vol. I, Article 4-3, shall be assessed for the impoundment of potbellied pigs § 6-7-4 BITING PIGS (A) Any potbellied pig properly licensed pursuant to this chapter that bites any person may be confined and quarantined at the home of the owner or wherever the potbellied pig is harbored and maintained with the written consent of and in a manner prescribed by the enforcement officer The potbellied pig shall not be moved or relocated unless the enforcement officer is so notified The time for quarantine under this division shall be 10 calendar days (B) At the completion of the quarantine or impoundment period and prior to the release of the potbellied pig, the potbellied pig shall be examined by a licensed veterinarian and released only if the veterinarian determines that the potbellied pig does not exhibit signs of rabies, infection or any other dangerous,contagious and infectious diseases (C) If it is determined that the potbellied pig is infected with rabies or other dangerous, contagious and infectious disease, it shall be the duty of the enforcement officer to destroy such potbellied pig in as humane a manner as reasonably possible Following such action or if the potbellied pig dies during the period of quarantine or impoundment, its head shall be sent to the Arizona Department of Health Services or appropriate diagnostic laboratory for examination § 6-7-5 OWNER LIABILITY (A) Injury to any person or animal or damage to any property by a potbellied pig while at large or under the owner's control shall be the full responsibility of the owner or person responsible for the potbellied pig when such damages were inflicted (B) The owner of potbellied pig which bites a person who is in or on a public place or J lawfully in or on a private place, including the property of the owner of the potbellied pig, is liable for damages suffered by the person bitten, regardless of the former viciousness of the potbellied pig or the owner's previous knowledge of its viciousness § 6-7-6 KEEPING OF POTBELLIED PIGS The provisions of A J.C.C., Vol I, Article 6-6 shall be applicable to the keeping of potbellied pigs 22 9 0 § 6-7-7 NUMBER PERMITTED No more than 3 potbellied pigs as defined in this chapter, with each animal weighing no more than 100 pounds, shall be allowed per household Potbellied pigs kept in this manner shall be considered as pets provided they are not kept for purposes of retail sales or commercial breeding § 6-7-8 COMMERCIAL BREEDING PROHIBITED No potbellied pigs shall be kept for purposes of commercial breeding or retail sales Any potbellied pig as permitted under this chapter shall be kept only as a pet or as a show animal within the limitations of A.J.0 C , Vol I, § 6-7-7 Article 6-8• Keeping of Swine for Special Projects Section 6-8-1 Limitations on location and quantity 6-8-2 Time limitations 6-8-3 Sanitary conditions 8-8-4 Registration required 6-8-5 Termination of project § 6-8-1 LIMITATIONS ON LOCATION AND QUANTITY The keeping of swine or pigs shall meet the requirements set forth in A.J.C.C., Vol H, Land Development Code, Chapter 1, Zoning Ordinance, § 1-6-17, Animal Regulations, as amended § 6-8-2 TIME LIMITATIONS All swine or pigs permitted under this article shall be considered as part of a terminal market project or other similar educational project subject to the guidelines of a political subdivision of this state or an educational institution. All guidelines shall specify a period of time for termination of the project All swine and pigs kept in conjunction with an educational project shall be limited to a period of tune commencing November 1 and ending on March 31 of the subsequent year in conjunction with the scheduling of the Pinal County Fair At no other time shall such swine or pigs be permitted to remain on any parcel or lot § 6-8-3 SANITARY CONDITIONS (A) All swine or pigs kept in accordance with this article shall be fed only manufactured swine feed in pellet form and shall not be fed refuse or garbage (B) The area in which such swine or pigs are harbored or maintained shall be kept clean with all manure disposed of properly and on a daily basis. No standing water or mud bog shall be permitted. Water will be provided by means of a manufactured animal activated watering system with an automatic shut-off valve to terminate water flow, such as a hxrt system. 23 § 6-8-4 REGISTRATION REQUIRED All swine or pigs kept in accordance with this article shall be tagged, photographed and registered with the Animal Control Division § 6-8-5 TERMINATION OF PROJECT If any swine or pig kept in conjunction with a project as permitted by this article fails, for any reason, to fulfill the requirements as unposed by this article, the animal may be unpounded Any animal not fulfilling the project requirements shall not be returned to the participating owners' residence or to the site at which it was previously harbored. Article 6-9 Violations Section 6-9-1 Civil filings and penalties 6-9-2 Criminal filings and penalties § 6-9-1 CIVIL FILINGS AND PENALTIES Except as otherwise noted, any violation of this chapter shall be handled as a civil offense and shall be filed in the municipal court in the same manner as civil property maintenance violations pursuant to A J C C , Vol. I, § 9-1-4(D) Appeals shall be handled in the same manner pursuant to A J C C , Vol 1, § 9-1-4 (E). The fines noted below are the exact fines that a judge shall impose, which shall not be decreased, increased, or exchanged for community restitution or other penalties The court may impose additional penalties to include court fees, but shall not substitute such fees for the base fines referenced as follows First violation Fine of $250 Second violation of same code provision occurring within 24 months of first Fine of violation $500 Third violation of same code provision occurring within 24 months of first Fine of violation $750 § 6-9-2 CRIMINAL FILINGS AND PENALTIES A fourth violation of the same code provision in this chapter occurring within 24 months of the first violation shall be filed in the criminal division of the municipal court as a Class 1 misdemeanor by the city attorney's office, which minimum fine shall be $1,000 and a maximum fine of$2,500, a maximum of 36 months probation, a maximum of 6 months jail time, and other provisions which the court has jurisdiction to impose, such as applicable court-imposed penalties, assessments, an order for forfeiture and destruction of an animal, and other court or probation fees. The judge shall treat subsequent and successive civil judgments as in the same manner criminal prior convictions are concerned insofar as the elevated fines noted above are to be applied The judge has no discretion to lower these successive fines However, violations of the following code provisions, whenever committed, single incident or repetitive, shall always be 24 AM. handled as criminal class 1 misdemeanors with the above-noted minimum class 1 misdemeanor penalties. 6-1-11 Cruelty, neglect and abandonment 6-2-7 Impeding Enforcement Officer 6-2-10 Biting animals; quarantine 6-3-6 Vicious dogs 25 ROLL CALL VOTE NOTES ,1 ITEM # MEETING OF MOTION BY: NYJI SECONDED BY: �jp YES NO ABSTAINED COUNCILMEMBER RIZZI COUNCILMEMBER W ILSON VICE MAYOR BARKER COUNCILMEMBER SERDY COUNCILMEMBER EVANS COUNCILMEMBER WALDRON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ITEM NO. 14 I MOVE THAT RESOLUTION NO. 15-10, A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME I, CHAPTER 6, ANIMALS", AND ESTABLISHING AN EFFECTIVE DATE, (BE APPROVED) OR(BE DENIED). PUBLIC HEARING 1. For PROPOSED ORDINANCE NO. 1414, REPEALING AND ADOPTING A NEW CITY CODE, CHAPTER 6 ANIMALS 2. Will PUBLIC SAFETY DIRECTOR TOM KELLY speak to the Council? 3. Will the applicant or spokesperson please speak to the Council on this item? 4. Is there anyone from the public who wishes to speak on this item? (Are there any "Request to Speak" forms?) 5. If not,this hearing is closed. 6. Is there any discussion? 7. Call for a motion. 8. Call for a second. 9. Roll call vote. Awft City of Apache Junction, Arizona 300ESuperstition Boulevard Agenda Item Cover Sheet Apache Junction,AZ 65119 Agenda Item No 15 File ID, 15-195 Sponsor- Thomas Kelly Agenda Date 6/16/2015 Index. In Control. City Council Meeting i►, Public Hearing and consideration of Ordinance No 1414, amending the Apache Junction City Code, Vol 1, by repealing Chapter 6, Animals, and adopting by reference a new Chapter 6, Animals Over the last 15 months, staff has determined the current animal code under Chapter 6 of the city code needs revision to address out-of-date language and to reflect actual practices and procedures The proposed changes include definition corrections and additions, kennel permit modifications and clarifications, due process additions and other pertinent revisions Attachments. City of Apache Junction,Arizona Page 1 Printed on 611012015 factors which support any such allegations, including but not limited to* distances in which the complaining parties live from the offensive premises, number of complaining witnesses, number of complaining parties residing on the street or in the vicinity of the offensive premises, duration that the conditions existed, prior history of similar complaints, and communications between the complainants and offending party Public Safety Director. The person appointed by the city manager pursuant to A.J.C.C., Vol. I, Article 3-6 as the department head of the public safety department ofthe city or his or her appointed designee. Rabies Quarantine Area Any area in which a state of emergency has been declared to exist due to the occurrence of rabies in animals in or adjacent to this area Recklessly. With respect to a result or to a circumstance described by a statute defining an offense, which a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists, the risk must be of such nature and degree that disregard of such constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation; a person who creates such a risk but who is aware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk Responsible Person Any person currently delegated by the owner to exercise care, custody or control of an animal for more than six consecutive calendar days. Shelter A protection from the elements, either manmade or natural with regards to the geographical locations and the type of protection needed located within an animal's enclosure, in order to allow the animal free choice to utilize such protection. Notwithstanding the previous sentence, shelter is not required for livestock. Swine or Pigs Only those pigs kept, maintained or harbored for a limited period of time in conjunction with 4-H, Future Farmers of America or other similar educational projects of a political subdivision of the state or an educational institution Unsanitary Premises Those premises on which animals, livestock or fowl are kept in a manner that creates insect and rodent breeding, noxious or offensive odors, or any other condition that is offensive to the senses of a reasonable person. Vaccination The administration of an anti-rabies vaccine to animals by a veterinarian, or an authorized impound facility by employees trained by a veterinarian licensed by the State of Arizona Veterinarian Any veterinarian licensed to practice in Arizona or any veterinarian employed in Arizona by a governmental agency. Veterinary Hospital Any establishment operated by a veterinarian licensed to practice in Arizona that provides clinical facilities and houses animals or birds for dental, medical or surgical treatment, a veterinary hospital may have adjacent to it or in conjunction with it or as an integral part of it, pens, stalls, cages or kennels for quarantine,observation or boarding. Vicious Animal Any animal of the carnivore order that has a propensity to attack,to cause injury to or otherwise endanger the safety of human beings or other domesticated or companion animal without provocation,or that has been so declared after a hearing before a justice of the peace, city magistrate, or superior court judge. Proof of provocation of any animal attacked by the person 4 a decision to uphold or repeal the permit suspension or revocation, and shall deliver or mail by certified mail to the business address as shown on the permit application the results of the decision. (3) Any person aggrieved by the animal control division's decision pursuant to section(2) above shall have the right of appeal to the designated hearing officer The appeal shall be filed with the public safety director within 14 working days after receipt of the animal control division's decision The appeal shall contain a written statement setting forth fully the grounds for the appeal The hearing officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on revocation The decision and order of the hearing officer shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings under state law. (4) No person may reapply for any permit after denial, revocation or non-renewal of such permit unless the cause for such denial,revocation or non-renewal has been removed or corrected. § 6-1-11 CRUELTY AND NEGLECT (A) Cruelty It is unlawful for any person to overdrive, overload, overwork, torture, torment, mutilate or unlawfully kill an animal, or cause or procure an animal to be so overdriven, overloaded,driven when overloaded,overworked,tortured,tormented,beaten,mutilated,or killed and whomever,having charge or custody of an animal as owner or otherwise, inflict cruelty upon it,drive or work it when unfit for labor,abandon it,or knowingly and willfully authorize or permit it to be subjected to torture, suffering or cruelty of any kind. (B) Neglect Animals under human custody or control shall be housed in healthy environments and shall be provided with proper food, water, shelter, medical care and ventilation. Any person owning or having care, custody or control of any animal shall provide that (1) The animal receives on a daily basis, food that is free from contamination and is of sufficient quantity and nutritious value to maintain the animal in good condition (2) Potable water is accessible to the animal at all times, either free flowing or to a clean receptacle For purposes of this subsection, "clean"means not unhealthy to an animal (3) Except for livestock, all animals shall have convenient access to natural or artificial shelter throughout the year Any artificial shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements,and of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner. Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation does not comply with this section. Any shelter, all bedding and any spaces accessible to the animal, shall be maintained in a manner which minimizes the risk of the animal contracting disease,being injured, or becoming infested with parasites. (4) The animal shall receive care and medical attention for injuries,parasites,and diseases, sufficient to maintain the animal in good health and minimize the suffering or is humanely euthanized to prevent protracted suffering and pain to the animal (5) If the animal is on a tie out,consisting of a chain, leash,wire,cable or similar restraint, it shall be so located as to keep the animal exclusively on the secured premises. Tie outs shall be so located that the animal cannot become entangled with other objects Collars used to attach an animal to a tie out shall not be of a choke type. The tie out shall not weigh more than 1/8 of the 13 6-7-5 Owner liability 6-7-6 Keeping of potbellied pigs 6-7-7 Number permitted 6-7-8 Commercial breeding prohibited § 6-7-1 LICENSES AND TAGS (A) A license shall be required, with a fee as established in A J C C , Vol I, Article 4-3, for each potbellied pig 4 months of age or over that is kept, harbored or maintained within the boundaries of the city for at least 30 calendar days of each year The license is valid for 12 months from the month of issue and shall expire if not renewed by the end of each year. (B) Durable license tags shall be provided by the city Each potbellied pig licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the city, the number of the license and the year of issue All license tags shall expire 12 months from the month of issue The tag shall be attached to a collar or harness which shall be worn by the potbellied pig at all times except as may be otherwise provided in this article. Whenever a license tag is lost, a duplicate tag shall be issued upon application by the owner (C) It is unlawful for any person to counterfeit or attempt to counterfeit an official license tag or remove such tag from any potbellied pig for the purpose of willful and malicious mischief or place a license tag upon a potbellied pig unless the tag was issued to that potbellied pig. (D) Whenever the ownership of a potbellied pig has changed,the new owner must obtain a new license and pay the fees (E) The enforcement officer shall apprehend and impound any potbellied pig found without a current valid license tag However,before the impoundment occurs,the enforcement officer shall attempt to locate the owner using due diligence so that the owner has the opportunity to comply with the licensing and tag requirements set forth above § 6-7-2 RUNNING AT LARGE (A) No person owning, keeping, possessing, harboring or maintaining any potbellied pig shall allow such potbellied pig to be at large as defined in A.J.C.C., Vol. I, § 6-1-1 subject to the permission of the public safety director pursuant to this article (B) The enforcement officer shall apprehend and impound any potbellied pig running at large § 6-7-3 IMPOUNDMENT (A) Impoundment regulations as contained in A J C C ,Vol I,Article 6-2,except those applied to livestock, shall apply to potbellied pigs. (B) Impoundment fees together with fees for care and feeding,as established in A.J.C.C., Vol. I,Article 4-3, shall be assessed for the impoundment of potbellied pigs. § 6-7-4 BITING PIGS (A) Any potbellied pig properly licensed pursuant to this chapter that bites any person may be confined and quarantined at the home of the owner or wherever the potbellied pig is harbored and maintained with the written consent of and in a manner prescribed by the enforcement officer.The 21 Y § 6-8-1 LIMITATIONS ON LOCATION AND QUANTITY The keeping of swine or pigs shall meet the requirements set forth in A J C C., Vol. II, Land Development Code, Chapter 1,Zoning Ordinance, § 1-6-17,Animal Regulations, as amended § 6-8-2 TIME LIMITATIONS All swine or pigs permitted under this article shall be considered as part of a terminal market project or other similar educational project subject to the guidelines of a political subdivision of this state or an educational institution All guidelines shall specify a period of time for termination of the project. All swine and pigs kept in conjunction with an educational project shall be limited to a period of time commencing November 1 and ending on March 31 of the subsequent year in conjunction with the scheduling of the Pinal County Fair.At no other time shall such swine or pigs be permitted to remain on any parcel or lot § 6-8-3 SANITARY CONDITIONS (A) All swine or pigs kept in accordance with this article shall be fed only manufactured swine feed in pellet form and shall not be fed refuse or garbage. (B) The area in which such swine or pigs are harbored or maintained shall be kept clean with all manure disposed of properly and on a daily basis No standing water or mud bog shall be permitted Water will be provided by means of a manufactured animal activated watering system with an automatic shut-off valve to terminate water flow, such as a lixit system. § 6-8-4 REGISTRATION REQUIRED All swine or pigs kept in accordance with this article shall be tagged,photographed and registered with the Animal Control Division. § 6-8-5 TERMINATION OF PROJECT If any swine or pig kept in conjunction with a project as permitted by this article fails, for any reason, to fulfill the requirements as imposed by this article, the animal may be impounded Any animal not fulfilling the project requirements shall not be returned to the participating owners' residence or to the site at which it was previously harbored Notwithstanding the previous two sentences,the enforcement officer shall use due diligence to locate the owner so that the licensing and tag requirements are met before any decision is made to impound such animal Article 6-9: Violations Section 6-9-1 Civil filings and penalties 6-9-2 Criminal filings and penalties § 6-9-1 CIVIL FILINGS AND PENALTIES Except as otherwise noted, any violation of this chapter shall be handled as a civil offense and shall be filed in the municipal court in the same manner as civil property maintenance violations 23 Yellow highlights and red language— DRAFT previous edits Blue,4�ghlights and blue language— 6-15-15 new edits from council discussions 2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 1,CHAPTER 6, ANIMALS Article 66=1 Rules and Regulations 6_2. Impounding Generally 66=3. Dogs 6=4 Contractual Agreement 6-5. Confined Animals 6=6 Keeping of Animals 6=7. Potbellied Pigs 6_8 Keeping of Swine for Special Projects 6-9. Violations ARTICLE 6-1: Rules and Regulations Section 6-1-1 Definitions 6-1-2 Dangerous animals 6-1-3 Noises 6-1-4 Strays, housing 6-1-5 Swine prohibited 6-1-6 Pet shops 6-1-7 Commercial dog kennels_ 6-1-8 Personal dog kennels_ 6-1-9 Veterinary hospitals 6-1-10 Wild animals 6-1-11 Cruelty and neglect § 6-1-1 DEFINITIONS For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning- Abandonment. To desert, forsake, or give up an animal without having secured another owner or custodian for the animal, or by failing to provide the elements of basic care (food, water and shelter). A J C C Apache Junction City Code Altered. A spayed female animal or a neutered male animal. Animal Any mammal of a species that is susceptible to rabies, except humans and livestock. At Large In any street, alley, public park, private or public school property or other public place or on other private property without being attended by the ewiieF oF secured by physical restraint such as a leash, chain, or rope, or is otherwise not confined in a secured enclosure. Cat A member of the Felis catus family Collar. A band, chain, harness or suitable device worn around the neck of an animal to which a license may be affixed Commercial - Kennel Any establishment exclusive of one providing dental, medical or surgical care which maintains any dogs over 3 4 months of age for trade, business, profit or gam ommercial Dog Ke City or . ,_'on commercial dog kenrl. Consecutive Business crtr Days Monday through Friday are considered business days; business days do not include Saturdays, Sundays or city holidays even if the animal control division is open during these days Contamination Anything that is harmful to animals or livestock that could lead to illness or death Cruel Mistreatment To torture or otherwise inflict unneeeS ser-teus physical injury upon an animal or to kill an animal in a manner that causes suffering to such animal. Cruel Neglect To fail to provide an animal with food, water or shelter or medical treatment required to maintain health Dog A member of the Canis familiaris family over-the age of 2 ffie the ,/1 Educational Institution. Any public or private elementary or secondary school, or secondary technical or vocational school Enforcement Officer Any certified peace officer, or any City of Apache Junction animal control officer Equine Horses, mules, burros and asses Fee Amounts enumerated in A J C C , Vol I, §4-7 Food A substance of sufficient quantity and ntee nutritious value to maintain each animal in good health, provided at suitable intervals but at least once daily or as otherwise prescribed by a licensed veterinarian, appropriate to the species Fowl A bird of any kind, domesticated or wild, including poultry. 2 r..r /'\ Household All individuals who share the same residence, whether related or unrelated Impound. The act of taking or receiving into custody by the enforcement officer any animal for the purpose of confinement in an authorized impound facility in accordance with the provisions of this article. Impound Facility Any establishment authorized for the confinement, maintenance, safekeeping and control of dogs and other animals that come into the custody of the enforcement officer in the performance of his or her official duties. Intentionally. With respect to a result or to the conduct described by a statute defining an offense where a person's objective is to cause that result or to engage in that conduct Kennel An enclosed controlled area inaccessible to other animals, in which a person keeps, harbors or maintains dogs under controlled conditions. Knowingly With respect to conduct or to a circumstance described by a statute defining an offense, that a person is aware or believes that the person(s) person's conduct is of that nature or that the circumstance exists; it does not require any knowledge of the unlawfulness of the act or omission Livestock. Bovine,equine, sheep, goats, swine, llamas and ratite Manager A person duly authorized by the owner to conduct business,act as an agent or otherwise carry out the legal rights and duties of the owner Manure Refuse of stables, yards, corrals or barnyards consisting of animal, livestock or fowl excreta with or without litter. Medical Attention Recommended procedures used to treat a particular disease, injury, infestation or ailment which an animal may have in order to heal, alleviate, or lessen the effects of such condition, or to prevent the animal from pain and suffering; treatment may be administered by either a licensed veterinarian appropriate to the species or the person who has custody or control of such animal depending on the severity of the condition and the knowledge, skills and ability of the person to provide the proper treatment. Owner. Any person exercising care, custody or control ovei: the age of 19 unless legally AWN of any animal for more than six consecutive calendar days or claiming any legal interest in such animal, indicators of ownership also include any license, permit, certificate, registration or other documentation which establishes a legal interest in such animal Person Any individual, corporation,partnership, association or other legal entity. Personal aD gTen»el Any location where more tfian 4 dogs are pt, owned or controlled by a person or entity for companionship, enjoyment of the species, or for training for field working or obedience trials or exhibition for organized shows. Personal Dog Kennel Permit City authorizationvided under § 6-1-8 allowing a personal dog kennqk Pet Shops Any commercial establishment at which animals,fowl or cold blooded species are kept for sale,groomed or treated for vermin. 3 Potbellied Pig Only registered purebred miniature Vietnamese potbellied pigs or other similar registered purebred miniature potbellied pigs Protracted Suffering Allowing an animal to continue suffering a painful condition. Public Nuisance. An odor or noise that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons, when investigating public nuisance allegations,the enforcement officer shall take into consideration all factors which support any such allegations, including but not limited to, distances in which the complaining parties live from the offensive premises, number of complaining witnesses, number of complaining parties residing on the street or in the vicinity of the offensive premises, duration that the conditions existed, prior history of similar complaints, and communications between the complainants and offending party Public Safety Director The person appointed by the city manager pursuant to A.J.C.C., Vol. I, Article 3-6 as the department head of the public safety department of the city or his or her appointed designee. Rabies Quarantine Area Any area in which a state of emergency has been declared to exist due to the occurrence of rabies in animals in or adjacent to this area Recklessly With respect to a result or to a circumstance described by a statute defining an offense, which a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists; the risk must be of such nature and degree that disregard of such constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation, a person who creates such a risk but who is aware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk Responsible Person Any person eves- the age of 18 uiiiess legally emaneipated ^urrently delegated by the owner to exercise care,€or and supen,,ise ^" animali eh persen w he tei:npai-arily has the ability to custody or control such of an animal for more than six consecutive calendar days Aie to the^ ^-'s abs Shelter A protection from the elements, either manmade or natural with regards to the 0OWN geographical locations and the type of protection needed located within an animal's enclosure, in order to allow the animal free choice to utilize such protection. Swine or Pigs Only those pigs kept, maintained or harbored for a limited period of time in conjunction with 4-H, Future Farmers of America or other similar educational projects of a political subdivision of the state or an educational institution Unsanitary Premises. Those premises on which animals, livestock or fowl are kept in a manner that creates insect and rodent breeding, noxious or offensive odors, or any other condition that is offensive to the senses of a reasonable person Vaccination The administration of an anti-rabies vaccine to animals by a veterinarian, or an authorized impound facility by employees trained by a veterinarian licensed by the State of Arizona 4 � Arizona or any veterinarian employed in licensed to practice in �' Arizona � veterinanan practice," surgical Veterinarian governmental agency a veterinarian licensed t d�ca Amon y erated by or birds for dental, establishment°p animals unction with it or as an Integra Hospital Any houses VetermarY have adjacent to it or in conj din that provides clinic rl hospital p tal m y quarantine,observation or boarding cause'tnjur)' treatment; a veterina y art of it,pens,stalls,cages or kennels for qu ro ensity to attack'to amon animal s or other domesticated or comp p l Any animal of the carnivore order that has a p peace,city of human being before a justice of the p erson Vicious Anima danger the safety the p to or otherwise en, o f rovocation of any animal attacked by rovocation,or that has been ro f tared after a hearing Petition for declaration of AWN without p superior court judge. P es or v � p ect that the magistrate, or sup action for damag person would exp whether a reasonable p This definition does not injured shall be a defense 11 be measured by any �nimai to attack. viciousness Provocatio eshwould likely encourage an \� conduct or circumstanc of ambient apply to dogs utilized by law enforcement officers and oxygen, r. A transparent,odorless,and tasteless hywd compound of hydrogen Wate as needed to maintain normal hydration for an animal. temperature in sufficient volume Wild, Dangerous or Undomesticated Animal 1 That which is not of a species customarily used as an ordinary the country' or ne which which would ordinarily be found in the wilderness of this o an-or roe damage. Except as otherwise causes a reasonable person n aquarium are nootf nbodily luded in this definition. Wild,Dangerous, specifically listed below,fish in q or Undomesticated animal includes. (a) All peeei}ens venomous animals including rear-fang snakes, (b) Bears(Ursidae species "spp"), (c) Bison (Bison spp); (d) Cheetahs(Acinonyx jubatus), (e) Constrictor snakes, 6 feet in length or more; (f) Coyotes(Canis latrans), (g) Crocodilians(Crocodilia spp.), 30 inches in length or more; (h) Deer(Cervidae spp.). includes all members of the deer family, for example,white r tailed deer, elk, antelope and moose; (i) Elephants(Elephas spp and Loxodonta spp); 0) Game cocks and other fighting birds; (k) Hippopotami(Hippopotamidae spp.), (1) Hyenas (Hyaenidae spp); 5 (m) Jaguars(Panthera one (n) Leo a), (o) Lions(P Leopards (pantheraPardus)� anthera leo); (P) Lynxes(Lyn.sPP.), (9) Non-human Primates In prosim"ans, m (r) Piranha fish (CharacrdIn monkeys and apes; (s) Pumas (F P)' ells concolor); also known as cougars mountain (t) Rhinoceroses (Rhrnocero hdae); untam lions and Panthers; ,/IN (u) Sharks (class Chondrichthyes ), (v) Snow leopards (Panthe),a uncia); (W) Tigers (Panthera tagris), (x) Wolves (Canis lupus). DANGEROUS ANIMALS (A) It is unlawful to permit any dangerous, or vicious animal of any kind to run at large within the City. Exhibitions or parades of animals which are ferae naturae in the a es of conducted only upon securing a permit from the�� 1'public safety dir the law may be rector. (B) Only enforcement officers are authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property. (C) It is unlawful to own, harbor or maintain any animals of the wolf hybrid species, sk�d except those animals which are licensed and registered with the animal control division as of January 30, 1995 Except for renewals,no wolf hybrid shall be allowed to be licensed after January 30, 1995 Any license issued for a wolf hybrid shall not be allowed to transfer to a new owner § 6-1-3 NOISES It is unlawful and hereby declared a public nuisance for any person to harbor or keep any animals ^1 which habitually bark,howl,yelp,squeal,shriek or make any other sounds which disturb the peace and quiet of the neighborhood, or in such a manner as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons. When investigating public nuisance allegations, the enforcement officer shall take into consideration all factors which support any such allegations,including but not limited to:distances + in which the complaining parties live from the offensive premises, number of complaining witnesses, number of complaining parties residing on the street or in the vicinity of the offensive premises, duration that the conditions existed, prior history of similar complaints, and communications between the complainants and offending party. § 6-1-4 STRAYS, HOUSING Any person who keeps or causes to be kept any horses,mules,cattle, burros,goats, sheep,er other livestock or poultry, shall keep such animals in a pen or similar enclosure to prevent their roaming at large y Any such livestock or poultry running at large shall 6 be impounded as provided in this chapter It is unlawful to cause or allow any stable or place where any animal is or may be kept to become unclean or unwholesome § 6-1-5 SWINE PROHIBITED It is unlawful to keep any live swine or pigs within the corporate limits of the city except as provided by A J C C ,Vol 1,Article 6-7,and registered purebred miniature Vietnamese potbellied pigs or other similar registered purebred miniature potbellied pigs. Any miniature pigs shall be subject to all other conditions and requirements as set forth in A J C C, Vol 1,Article 6-7 § 6-1-6 PET SHOPS (A) No sick or injured ammal shall be maintained or held or offered for sale on the premises of pet shops. (B) Animals which are unweaned, under the age of 8 weeks, or so young that their sale would be injurious to them, shall not be sold, offered for sale nor given away. (C) Every person maintaining a pet shop shall cause a notice to be framed and enclosed under glass, and to be posted in such a location as to be legible at all times from the outside containing. the name, address and telephone numbers of persons to be notified in case of emergency at any time who will, at the request of any enforcement officer or other designated authority, respond to the location to assist in any emergency or other situation in which such person's presence is indispensable. (D) Dogs and cats kept in pet shops shall be caged so that each animal is afforded no less than 20 square feet in area per each dog or cat Each dog or cat over 3 months of age shall be kept in individual cages. aiid at , time shall there be , glin . f animals belanging *odifferent awneRS. (E) Premises where animals and birds are kept shall be ventilated to the external air and adequately lighted to provide visibility. The premises shall be properly plumbed and have septic tanks or sewer connected sinks and shall have adequate supply of water readily accessible to the portions of the premises in which the animals or birds are kept. Cages shall be constructed and designed so that their parts are easily cleaned Floors shall be concrete,the or similar non-porous material (F) The premises, implements, cages, yards, runs and appurtenances shall be kept clean, sanitary, free of animal and bird parasites, a*d droppings or other health hazards and shall be cleaned and disinfected at least once daily.Flies shall be controlled (G) No portion of a pet shop shall be used for human habitation, nor shall food for human consumption be prepared or served in the same room in which animals or birds are kept. § 6-1-7 COMMERCIAL DOG KENNELS- (A) Any person who owns, maintains or harbors any dogs over 3 months of age for trade, business,profit or gain must obtain a commercial dog kennel permit (B) The commercial dog kennel permit shall be valid for 12 months and will expire on the first anniversary of the permit alla shall he del..,^..ent A renewal is required within 30 calendar days from the date of expiration, otherwise the matter will be considered delinquent, and a late fee, as established in A J C C ,Vol I,Article 4-3,shall be charged. Each subsequent permit that is issued 7 paw 1 will be valid for 1 year and will expire on the respective anniversary date. The fee is established in A.J.C.C., Vol. I,Article 4-3. ,k late I;ae,as established ., Vol i n.4.^ie n 3, Sh ii be eliarged On No commercial dog kennel permit fee shall be prorated or refunded nor shall the permit be transferable. (C) All zoning requirements established by the city for commercial business shall be met before a commercial kennel permit can be issued The owner/manager of any commercial dog kennel shall obtain and have on display a valid city husiiiess license as required by A J C C , Vol I, Chapter 8,Business,Article 8-1, General Business and Licensing Provisions. (D) It shall be the duty of the owner of the kennel to pay the applicable kennel fee on or before the date of establishing a kennel in the city. The kennel fee shall be paid to the animal control division of the police department. (E) The permittee shall operate the kennel so as to eliminate excessive or untimely noise from animals and offensive odors from the kennel. The kennel and grounds shall be maintained in a sanitary condition. (F) The permittee shall retain the name, address and telephone number of the owner of each boarded dog and the license number of each dog This register must be exhibited to any enforcement officer upon demand.The permittee shall also have on file proof of rabies vaccination for each dog housed on the premises (G) The permittee shall retain the name and address of each person selling, trading or giving any dog to the kennel (H) The permittee shall provide an isolation ward for sick or iniured dogs, so as not to endanger the health of other dogs or cause exposure to further injury (1) The permittee shall notify the owner of a boarded dog when such dog refuses to eat or drink, or when such dog is injured or becomes weak or ill (J) Any violations of this chapter and Vol.1,Chapter 8,shall because to revoke any commercial dog kennel permit.The permit may be revoked by the DiFeet^"of the public safety director after notice and hearing.The notice,hearing and appeal procedures shall be handled in the same manner as Siffli!HF PFEWISIEMS yr f 4h H V i i c 8 2 10, ^ pt that + maaeFS iflVE44,ing f:o" in Vol 1 S 8 2 10 set forth below in §6-1-7(L) (K) The animal control division shall, within 30 calendar days before the annual renewal date for the commercial 0 kennel permit, inspect the premises to confirm compliance with provisions of this chapter In no event shall a renewal be issued unless the inspection is made and all non- compliant matters are corrected before the annual renewal date. The public safety director may cause random inspections anytime it is deemed necessary from 8.00 a.m. - 5.00 p.m., Monday through Friday without notice to the kennel proprietor. (L) Notice,hearing and appeal procedure: (1) To suspend or revoke a _, the animal control division shall deliver or mail by certified mail to the business address as shown by the_application,a written notice that such ®is suspended or revoked The reason for such suspension or revocation shall be set forth in the notice. The notice shall also contain the ghts and procedures to appeal such 8 r /\ suspension or revocation.A suspended or revoked®shall be surrendered to the animal control division on demand. (2) The animal control division shall grant on demand to any permittee whose permithas been revoked or suspended a full hearing on the merits of such suspension or revocation. Appeal of the animal control division's action to a hearing officer appointed by the public safety director, pursuant to section(3) below, shall not be had prior to the hearing Demand for hearing shall be made within 10 working days of receipt of the animal control division's notice of suspension or revocation, and failure to demand a hearing within that time will constitute a full waiver. After considering evidence presented at the hearing,the animal control division shall make a decision to uphold or repeal the Msuspension or revocation,and shall deliver or mail by certified mail to the business address as shown on the k application the results of the decision. (3) Any person aggrieved by the animal control division's decision pursuant to section(2) above shall have the right of appeal to the designated hearing officer. The appeal shall be filed with the public safety director within 14 working days after receipt of the animal control division's decision.The appeal shall contain a written statement setting forth fully the grounds for the appeal. The hearing officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on revocation The decision and order of the hearing officer shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings under state law (4) No person may reapply for any®after denial,revocation or non-renewal of such permit unless the cause for such denial, revocation or non-renewal has been removed or corrected (M) A commercial dog kennel permit shall not be issued or renewed to any person who has been convicted of a violation of A.R.S. §§ 13-2910 (cruelty to animals) or 13-2910 01 (dog fighting),' or an 1 animal welfare law, except civil violations of leash laws. § 6-1-8 PERSONAL DOG KENNEL;PERMIT4 (A) Personal dog kennel permits (1) Class 1 permit. A Class 1 permit for a personal dog kennel shall be required for any person who owns,maintains or harbors from 4 to 5 dogs over 3 months of age. (2) Class 2 permit. A Class 2 permit for a personal dog kennel shall be required for any person who owns,maintains or harbors from 6 to 8 dogs over 3 months of age. t3) Cla, 3 permit. A Class 3 t for a personal dog kennel shall be person who ow_ namtams, or harbors from 9 to 12 doyver 3 months of age, (M(3) Any person who owns,maintains or harbors 3 or less dogs over 3 months of age is are not required to obtain a personal dog kennel permit. (1)(4) The provisions of Code of Federal Regulations, Title 9, Volume I, § 3.6, relating to animal floor space, shall be considered when granting the above-noted permits (1)(3) The permit provisions do not apply to emergency situations where a person or nonprofit entity boards dogs, subject to the following conditions (a) The person boarding dogs will submit a sworn and notarized statement that they are caring for the dogs for a maximum of 30 calendar days per dog. 9 /'\ (b) This statement shall contain the name, address, and phone number of the individual or organization who provided the dog to the boarder (c) No more than 2 dogs will be permitted under this emergency exception (d) The boarder will provide the animal control division with the final disposition of the animal within the 30-calendar day period for each dog noted on the original statement, as well as the name and contact information of the adopting party Extensions of the 30-day time limit may be permitted at the discretion of the animal control division, but in no event shall such extension exceed 6 months per animal (e) The goal of this emergency exception is to protect the animals that are in foster care rather than to punish law abiding pet owners. ( )(6) Any service animal aJWned un w including but nol Fiite_d to A.R.S. §6 9-500 1-1024, and 13-291 maintained and n is not to be counted toward the maximum allowed do s under this section. all be applied for suc' als purer search and rescue dog as set forth;j .R.S. § 9-500.32� (B) Each personal dog kennel permit shall be valid for 12 consecutive months and expire on the first anniversary of the permit and shall become delinquent 30 calendar days from the date of expiration Each subsequent permit issued will be valid for a 1-year period and expire on the respective anniversary date. The fee is established in A.J.C.C., Vol. I, Article 4-3. A late fee shall be charged on all delinquent personal dog kennel permits, as established by A J C C , Vol I, Article 4-3. No personal dog kennel permit shall be prorated or refunded nor shall the permit be transferable. (C) All dogs covered by a personal dog kennel permit shall be vaccinated, licensed and spayed or neutered.A dog owner may apply for a waiver of the spay or neuter requirement as long as they obtain a veterinarian's written opinion that such surgery would endanger the safety of the dog, or a certification from a veterinarian determining that the other dogs owned by the owner or those maintained or harbored at the same address are spayed and/or neutered At the discretion of the animal control division and upon documented proof, the spaying and neutering requirement shall not apply to AKE American Kennel Club or C—I4E Canadian Kennel Club dogs (D) At no time shall dogs covered under this section be used for trade, business,profit or gam There shall be no boarding or breeding of dogs covered by this permit All dogs shall be the exclusive property of the permittee (E) The permittee shall operate the personal dog kennel so as to eliminate excessive or untimely noise from animals and offensive odors from the kennel. The kennel and grounds shall bo be maintained in a sanitary condition. The property covered by this permit shall be surrounded by a fence of sufficient height and strength to confine the dogs Sufficient height and strength will be determined by an enforcement officer based on the size of the dog being confined (F) Any violations of this chapter and A J.C.C., Vol. 1, Chapter 8 shall be cause to revoke any commercial dog kennel permit The permit may be revoked by the "!-o ' - of the r epaFtine �F public safety department director after notice and hearing. The notice, hearing and appeal procedures shall be handled in the same manner , . . 'hat for matteFS MY011,41ig thIS ehaptff, the aniiiial eenti:al di-,,isieti shall assume the duties set forth below in §6-1-8 (G). 10 • Ask Aftk (G) Notice, hearing and appeal procedure- (1) To suspend or revoke a _, the animal control division shall deliver or mail by certified mail to the business address as shown by the petapplication,a written notice that such permit is suspended or revoked The reason for such suspension or revocation shall be set forth in the notice The notice shall also contain the permittee's rights and procedures to appeal such suspension or revocation.A suspended or revoked permit shall be surrendered to the animal control division on demand AONk (2) The animal control division shall grant on demand to any permittee's whose has been revoked or suspended a full hearing on the merits of such suspension or revocation Appeal of the animal control division's action to a hearing officer appointed by the public safety director, pursuant to section(3)below, shall not be had prior to the hearing Demand for hearing shall be made within 10 working days of receipt of the animal control division's notice of suspension or revocation, and failure to demand a hearing within that time will constitute a full waiver.After considering evidence presented at the hearing,the animal control division shall make a decision to uphold or repeal the permit;suspension or revocation; and shall deliver or mail by certified mail to the business address as shown on the=application the results of the decision (3) Any person aggrieved by the animal control division's decision pursuant to section(2) above shall have the right of appeal to the designated hearing officer. The appeal shall be filed with the public safety director within 14 working days after receipt of the animal control division's decision The appeal shall contain a written statement setting forth fully the grounds for the appeal. The hearing officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on revocation The decision and order of the hearing officer shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings under state law (4) No person may reapply for any_after denial,revocation or non-renewal of such _unless the cause for such denial,revocation or non-renewal has been removed or corrected (H) (G) Any dogs over the allotted number allowed will either be surrendered to the animal control division or to new homes found by the owner within a 36-hour period after the discovery of the excess number of dogs by enforcement officers The holder of a personal 0 kennel permit shall not be bound by the same requirements governing a commercial dog kennel permit (I) (#) The animal control division shall, within 30 calendar days before the annual renewal date for the personal 0 kennel permit, inspect the premises to confirm compliance with provisions of this chapter In no event shall a renewal be issued unless the inspection is made and all non-compliant matters are corrected before the annual renewal date. (J) A personal dog kennel permit shall not bed to any person who has been convicted of iolation of A.R.S. §§ 13-2910 (cruelty to animals) or 13-2910 01 (dog fighting), or any othel te, county, or mipal animal welfare]&, exit civil violations of leash l § 6-1-9 VETERINARY HOSPITALS (A) The provisions of A.J.C.C., Vol. 1, § 6-1-6 Pet Shops, subsections (C) through (G) shall apply to veterinary hospitals, as defined in A J C C , Vol I, § 6-1-1 In addition, caged areas shall contain no less than 20 square feet per any dog or cat boarded 11 � r (B) Veterinary hospitals and clinics shall keep records for each animal or bird treated, including an accurate description of the animal or bird,the treatment given, including diagnosis, if possible, vaccinations and dates of admission and discharge. Such records shall be made available for inspection by an enforcement officer. § 6-1-10 WILD ANIMALS (A) No person shall harbor, maintain or control a wild, dangerous or undomesticated animal, as defined in A.J.C.C., Vol. 1, § 6-1-1,within the city limits (B) The provisions of this section shall not apply to any keeping of such wild animals in a bona fide licensed veterinary hospital for treatment, bona fide educational institution, circus, zoo or other event for education or entertainment which has obtained a special permit from the animal control division. The-sperm-yei:m+tfee, as established in '�!of-1, AFtiele 4-3-shall be eansideFed delinquent aiid issue eaeh yeat: a late fee, as established in ., Vol. 1, ra •.idwea ner shall the pemiit be ...,nsfe..able. The animal control division shall issue a special rr ca�i ��i permit if it determines. (1) That the animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or the property of others (2) That adequate safeguards are made to prevent unauthorized access to such animal by members of the public (3) That the health or well-being of the animal is not in any way endangered by the manner of keeping or confinement (4) That the keeping of such animal does not constitute a nuisance,as defined in A J C C , Vol. I, § 6-1-3, pertaining to noisy animals,and is in compliance with all city zoning and business licensing and regulations. (5) That the keeping of such animal will not create or cause offensive odors or constitute a danger to public health. (6) That the quarters in which such animal is kept or confined are adequately lighted and ventilated and are so constructed that they may be kept in a clean and sanitary condition. (7) That the applicant for such special permit prove their ability to respond in damages to and including the amount of$1,000,000 per occurrence, $2,000,000 aggregate, for bodily injury to or death of any person or persons or for damage to properly owned by any other person which may result from the ownership, keeping or maintenance or such animal Proof of liability to respond in damages may be given by filing with the city attorney a certificate of insurance stating that the applicant is,at the time of application,and will be during the period of such special permit, insured against liability to respond in such damages, or by posting with the city attorney a surety bond conditioned upon the payment of such damages during the period of such special permit.The certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless 30 calendar days'written notice is first given to the city attorney The applicant shall also cause such certificate of insurance to state the "City of Apache Junction" as an additional 12 OWN insured party, a copy of which must be sent to the office of the city attorney at least 60 days prior to such special event (8) Any violation of this chapter shall be cause to revoke the special permit The permit may be revoked by the public safety department director after notice and hearing The notice,an4 hearing and appeal procedures shall be governed by the provisions o`'"or el. 1, Chnaptef-�set forth below in §6-1-10 (C). (C) Notice, hearing and appeal procedure. '^ (1) To suspend or revoke a M, the animal control division shall deliver or mail by certified mail to the business address as shown by the permitapplication,a written notice that such permit is suspended or revoked.The reason for such suspension or revocation shall be set forth in the notice. The notice shall also contain the permittee's rights and procedures to appeal such suspension or revocation.A suspended or revoked permit shall be surrendered to the animal control division on demand (2) The animal control division shall grant on demand to any whose has been revoked or suspended a full hearing on the merits of such suspension or revocation. Appeal of the animal control division's action to a hearing officer appointed by the public safety director, pursuant to section (3)below, shall not be had prior to the hearing Demand for hearing shall be made within 10 working days of receipt of the animal control division's notice of suspension or revocation, and failure to demand a hearing within that time will constitute a full waiver.After considering evidence presented at the hearing,the animal control division shall make a decision to uphold or repeal the Msuspension or revocation; and shall deliver or mail by certified mail to the business address as shown on the Mapplication the results of the decision. (3) Any person aggrieved by the animal control division's decision pursuant to section(2) above shall have the right of appeal to the designated hearing officer. The appeal shall be filed with the public safety director within 14 working days after receipt of the animal control division's decision The appeal shall contain a written statement setting forth fully the grounds for the appeal The hearing officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on revocation.The decision and order of the hearing officer shall be final and conclusive,except any person aggrieved may pursue any proper judicial proceedings under state law. (4) No person may reapply for any&rmit after denial,revocation or non-renewal of such _unless the cause for such denial,revocation or non-renewal has been removed or corrected § 6-1-11 CRUELTY AND NEGLECT (A) Cruelty. It is unlawful for any person to overdrive, overload, overwork, torture, torment, efueMy mutilate or unlawfully kill an animal, or cause or procure an animal to be so overdriven,overloaded,driven when overloaded,overworked,tortured,tormented,smelly beaten, mutilated, or killed and whomever,having charge or custody of an animal as owner or otherwise, inflict cruelty upon it, emelly drive or work it when unfit for labor, eFuelly abandon it,or knowingly and willfully authorize or permit it to be subjected to UnFeasenable torture, suffering or cruelty of any kind. (B) Neglect. Animals under human custody or control are shall be housed in healthy environments and are shall be provided with proper food, 13 water,shelter,medical care and ventilation Any person owning or having care,custody or control of any animal shall provide that: (1) The animal receives on a daily basis, food that is free from contammation and is of sufficient quantity and niitr-itivenutritious value to maintain the animal in good condition C011tafflifiE410H fliefflIS afl�4hfflg ihat is hamiful to animals er livesteek that eould lead to illness or dea4h (2) Potable water is accessible to the animal at all times, either free flowing or in a clean receptacle (3) Except for livestock, all animals shall have convenient access to natural or artificial shelter throughout the year. Any artificial shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements,and of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation shaI1 does not comply with this section Any shelter, all bedding and any spaces accessible to the animal, shall be maintained in a manner which minimizes the risk of the animal contracting disease, being injured, or becoming infested with parasites. (4) The animal shall receive care and medical attention trod for debilitating injuries, parasites,and diseases, sufficient to maintain the animal in good health and minimize the suffering or is humanely euthanized to prevent protracted suffering and pain to the animal. (5) If the animal is on a tie out,consisting of a chain,leash,wire,cable or similar restraint, it shall be so located as to keep the animal exclusively on the secured premises Tie outs shall be so located that the animal cannot become entangled with other objects. Collars used to attach an animal to a tie out shall not be of a choke type. The tie out shall not weigh more than 1/8 of the animal's total body weight and shall not be shorter than 3 times the length of animal, measuring from the tip of the nose to the end of the tail. (C) Abandonment It is unlawful for a person to drop off or leave an animal on a street, road, highway, in a public place or on private property f,. F, .•o than 24 heers without food, water or shelter (D) Violations Any violation of divisions(A), (B)or(C) shall be a class 1 misdemeanor Article 6-2: Impounding Generally Section 6-2-1 Scope of article 6 2 2 k.,l;)f-eemeH 1eef 6-2-2 Impounding of animals at large 6-2-3 Notice to owners of impoundment 6-2-4 Conditions and duration of impoundment 6-2-5 Redemption of impounded animals 14 6-2-6 Unclaimed impounded animals 6-2-7 Impeding Enforcement Officer 6-2-8 Biting animals; quarantine § 6-2-1 SCOPE OF ARTICLE The provisions of this article shall apply to the impoundment of all annnals. R 6 2 2 ENFORCEMENT_OFFICER Department of 124he Safiety shall appaitit an efifeFeement effieet: who shall be Fespeiisible fat: eii4)reei:neiit f thept:evisiotisof this .hapto § 6-2-2 IMPOUNDING OF ANIMALS AT LARGE It shall be the duty of the enforcement officer to impound all animals found at large, or not under the charge,care or control of some person in the street, alleys or other public places, or on vacant or unenclosed lots in the city. The enforcement officer shall have the right to enter upon private property when it becomes necessary to do so in order to apprehend any animal that has been ruHn+ng roaming at large. Such entrance upon private property shall be in reasonable pursuit of such animal(s) and shall not include entry into a domicile unless it is at the invitation of the occupant or by way of search warrant or exigent circumstances exist justifying a warrantless entry § 6-2-3 NOTICE TO OWNERS OF IMPOUNDMENT If the owner of any impounded animal shall be known to the enforcement officer and shall reside or have a known place of business in the city, the enforcement officer shall notify the owner of such animal personally, or by door-hanger notice, or by letter through the post office within 24 hours after such animal has been impounded The notice shall contain a description of the animal and shall state that unless reclaimed,such animal will be adopted out or destroyed after such animal is left unclaimed for 72 3 consecutive business days hours asp t f� tifider.4r-i C C . Val i § 6 2-7. If the owner of any impounded animal is not known to the enforcement officer or does not 11 reside or have a known place of business in the city, then no notice needs to be sent If an animal is suspected to be abandoned, the enforcement officer will leave a 24-hour notice at the location where the animal is last observed,advising any interested person should contact the animal control division or the animal will be removed from the property after such time. Througheat this ehapter, § 6-24 CONDITIONS AND DURATION OF IMPOUNDMENT The enforcement officer shall keep all captured and impounded animals in a safe, convenient and comfortable place and shall feed such animals twiee eN,eFy 24 heLiFs as necessary and treat them in a humane manner during the time they are impounded. The duration of impoundment shall not be less than 3 days-er72 consecutive business days hours,unless sooner claimed by the owner 15 OON IL § 6-2-5 REDEMPTION OF IMPOUNDED ANIMALS If the owner of any animal shall, within 7-2 3 consecutive business days heurs after such animal has been captured and impounded, apply to the enforcement officer and pay the fees and charges authorized under this chapter, as well as make current all licensing and vaccination requirements and fees,the animal control division must make the animal available for return to the owner at the animal control division office the ., bi-e.,.,,e"' ells,.,..sliall deli aiiy sueli aiiiiiial , ,l,o § 6-2-6 UNCLAIMED IMPOUNDED ANIMALS If a dog or cat is not reclaimed within the impound period noted in Section 6-2-3 above,the animal control division may place such animal up for sale,adoption,rescue,or may dispose of the animal in a humane manner , to the aninial eentFel division 6),the owner shall, af4eF at least 72 eenseetitive business hauFs haN,e afthis aFtiele whieli have not beeii elaimed and fOF Whieh the fees alid ehaFges have not beeti paid if he oF she pays all established impeuiid fees and applies fef the heensing and vaeeina4ien ffeVIS16RS of this ehapteF. The enf-eomofit affieo- animal control division may destroy impounded, sick or injured animals whenever such destruction is necessary,at any time to prevent such an animal from suffering,of to prevent the spread of disease, or for the safety and welfare of the public and city employees yc 6 2 7 !MPO i�.iDING FEES v-i. fees f.., e iid feeding as established ., Vol 1 A ti to A 2 § 6-2-7 IMPEDING ENFORCEMENT OFFICER It is unlawful for any person to, in any manner: a)provide false or incomplete information as to an enforcement officer concerning the whereabouts, ownership, license status, or current rabies vaccination of any animal; b) interfere, intervene, impede, prevent, obstruct, intimidate an enforcement officer in the discharge of his or her duties in capturing or attempting to capture and impound any and all animals which it shall be his or her duty to impound under the provisions of ^ this chapter, or c) whe shall•rescue or attempt to rescue any animal so captured or to release any animal so impounded § 6-2-8 BITING ANIMALS, QUARANTINE Whenever any animal bites a person, the person so bitten and the owner of the animal shall immediately notify the enforcement officer,who shall quarantine the animal,order the animal held on the owner's premises if the animal meets the home quarantine guidelines, and is current on rabies vaccinations and on licensing, or shall have it impounded for at least 10 calendar days or a longer period if necessary for a complete examination If it is determined that the animal is infected with rabies or other dangerous, contagious and infectious disease, it shall be the duty of the enforcement officer to destroy such animal in a humane manner If the animal is surrendered by the owner to the animal control division and the animal is acting aggressively or unpredictably, the animal will be humanely euthanized and its head will be forwarded to the State Arizona Department of Health Services for rabies testing If the animal dies during the period of quarantine or impoundment, its head shall be forwarded to the Mate Arizona Department of Health Services 16 for examination. It is unlawful for a person either to refuse surrender of the animal for quarantine or fail to abide by the home-quarantine provisions of this section. If at the end of the quarantine period, the animal is determined to not be infected with rabies or other dangerous, contagious or infectious diseases,the animal shall be released to its owner. Article 6-3. Dogs Section 6-3-1 Licenses and tags generally 6-3-2 Rabies vaccination required 6-3-3 Running at large 6-3-4 Impoundment 6-3-5 Hearing on disposition of abused and vicious animals 6-3-6 Vicious dogs 6-3-7 Owner liability 6-3-8 Dogs killing animals, livestock or fowl 6-3-9 Dog fecal matter § 6-3-1 LICENSES AND TAGS GENERALLY (A) License fees, as established in A.J.C.C., Vol. 1, Article 4-3, shall be paid for each dog 3 months of age and older that is kept, possessed, harbored or maintained within the boundaries of the city for at least 30 days of each calendar year. The amount of fees may differentiate between sterilized and unsterilized dogs. (B) Durable dog tags shall be provided by the city Each dog licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the city,the number of the license and the year of issue All dog tags shall expire 1 year from the date of issuance The tag shall be attached to a collar or harness which shall be worn by the dog at all times except as otherwise provided in this article Whenever a dog tag is lost, a duplicate shall be issued upon application by the owner and a replacement fee, as established in A.J.C.C., Vol. 1, Article 4-3, shall be charged. (C) It is unlawful for any person to counterfeit or attempt to counterfeit an official license tag or remove such tag from any dog for the purpose of willful and malicious mischief or place a license tag upon a dog unless the tag was issued to that dog § 6-3-2 RABIES VACCINATION REQUIRED (A) Before a license is issued for any dog,the owner must present a rabies vaccination certificate signed by a veterinarian stating the owner's name and address and giving the dog's description, date of vaccination and type, manufacturer and serial number of the vaccine and date re- vaccination is due.A duplicate of each rabies vaccination certificate issued shall be transmitted to the enforcement officer on or before the tenth day of the month following the month during which 17 the dog was vaccinated. No dog shall be licensed unless it is vaccinated in accordance with the provisions of this article (B) A dog vaccinated in any other place prior to entry into the city may be licensed in the city provided that at the time of licensing, the owner of such dog presents a vaccination certificate, signed by a veterinarian licensed to practice in that place or a veterinarian employed by a governmental agency in that place, stating the owner's name and address and giving the dog's description,date of vaccination and type,manufacturer and serial number of the vaccine used.The vaccination must be in conformity with the provisions of this article. "(C) If a dog is impounded and found to be unvaccinated, the enforcement officer will +s cause such dog to be vaccinated at the pound at a cost to be borne by the owner The vaccination shall be performed by animal control personnel or other qualified personnel who animal control personnel have delegated such duty to, and who shall then issue a certificate of vaccination. The vaccinated animal shall not be released until such time as all vaccination,care and impound fees are paid in full. § 6-3-3 RUNNING AT LARGE (A) No person owning,keeping,possessing,harboring or maintaining any dog shall allow such dog to be at large as defined in A J C C, Vol I, § 6-1-1 However, notwithstanding such limitations, a dog is deemed to be not at large under the following circumstances. (1) While such dog is restrained by a leash,chain,rope or cord of not more than 6 feet in length and of sufficient strength to control action of the dog. (2) While such dog is used for control of livestock or while being used or trained for hunting or being exhibited or trained at a kennel club event or while engaged in races approved by the Arizona Racing Commission (3) While the dog is actively engaged in dog obedience training, accompanied by and under the control of the owner or trainer, provided that the person training the dog has in their possession a dog leash of not more than 6 feet in length and of sufficient strength to control the dog, and further, the dog is actually enrolled in or has graduated from a dog obedience training school which has been approved by 4-e an enforcement officer. (B) The enforcement officer shall apprehend and/or impound any dog running at large The enforcement officer will `hall ha ,e the ht '^ enter private property to apprehend any dog that has been running at large. Such entry shall be in a reasonable pursuit and shall not include entry into a domicile or enclosure which confines a dog except at the invitation of the occupant or owner. § 6-3-4 IMPOUNDMENT (A) If a dog is impounded for any reason and is not already microchipped, the animal control division is hereby authorized to cause such dog to be microchipped at a cost to be borne by the owner The microchippmg shall be performed by animal control division personnel or other qualified personnel which have been delegated such duty. (B) Impoundment fees together with fees for care and feeding, as established in Vol. I,Article 4-3, shall be assessed for the impoundment of dogs 18 § 6-3-5 HEARING ON DISPOSITION OF ABUSED AND VICIOUS ANIMALS 'wee- An enforcement officer eaiitFea-in the ejty who has impounded an animal pursuant to this article on a showing of probable cause that the animal has been cruelly mistreated or cruelly neglected or that the animal is vicious or may be a danger to the safety of any person or other animal, may request, through the city attorney's office, a disposition hearing before the city magistrate to determine whether the animal has suffered cruel mistreatment or cruel neglect as defined in A R S § 13-2910 or is vicious as defined in A.M.C., Vol. I, § 6-1-1. The court shall schedule the hearing within 15 business days ^ after the request has been filed The animal will be held by the animal control division or its designee until the matter has been fully adjudicated by the municipal court, and all appellate time periods have expired. § 6-3-6 VICIOUS DOGS It is unlawful for any person to keep, harbor, allow to run at-large, or otherwise have under his or her control any vicious dog or direct or control of any vicious dog This section shall not apply to zoos, wild animal parks or animal shelters. Vicious dogs may be impounded if they are found at large and may be kept impounded until there is a final disposition of any criminal complaint or payment in full of all civil sanctions imposed arising from the alleged violation of this section, provided that the criminal or civil complaint is filed within 30 days of the alleged violation date Also, in the judgment of the enforcement officer, any dog at large that is dangerous,or vicious,Of fierce and poses an immediate threat to human safety that cannot be safely impounded, may be immediately disposed of in a humane manner § 6-3-7 OWNER LIABILITY (A) Injury to any person or animal or damage to any property, by an animal while at large or under the owner's control,shall be the full responsibility of the animal owner or person responsible for the animal when such damages were inflicted (B) The owner of an animal which bites a person who is in or on a public place or lawfully in or on a private place, including the property of the owner of the animal, is liable for damages suffered by the person bitten, regardless of the former viciousness of the animal or the owner's previous knowledge of its viciousness § 6-3-8 DOGS KILLING ANIMALS, LIVESTOCK OR FOWL (,N) if any person diseavefs a dog killing, b or b b ef b anifflais, lwestaek OF f w The provisions of A.R S § 3-1311 govern situations where dogs kill, wound or chase livestock, except that the same provisions also apply where dogs kill,wound or chase any animal or fowl. § 6-3-9 DOG FECAL MATTER Any person owning, possessing, harboring or having the care, charge, control or custody of any dog shall immediately remove and thereafter dispose of any fecal matter deposited by the dog on 19 public or private property, unless the property owner has given prior approval to use the property for this purpose Article 6-4. Contractual Agreement Section 6-4-1 Intergovernmental agreements § 6-4-1 INTERGOVERNMENTAL AGREEMENTS Notwithstanding any provision of this chapter to the contrary,the council may contract with other agencies to enforce the provisions of this chapter. Article 6-5. Confined Animals Section 6-5-1 Confined animals in motor vehicles or other places of endangerment 6-5-2 Impoundment of animals found in motor vehicles 6-5-3 Exceptions § 6-5-1 CONFINED ANIMALS IN MOTOR VEHICLES OR OTHER PLACES OF ENDANGERMENT No person having charge or custody of an animal, as owner or otherwise, shall place or confine such animal, or allow such animal to be placed or confined or to remain in a motor vehicle or in such a location under such conditions or for such a period of time as may endanger the health or well-being of such animal due to heat or cold, lack of food, drink, adequate ventilation or such other circumstances as may reasonably be expected to cause suffering, disability or death § 6-5-2 IMPOUNDMENT OF ANIMALS FOUND IN MOTOR VEHICLES An peace effieef er enforcement officer who finds an animal in a motor vehicle in violation of this article may force entry into the motor vehicle if necessary to remove the animal.The enforcement officer removing the animal shall take the animal to the animal control division an afli ffi ' s" or other place of safekeeping and shall,in the event the person having custody cannot be otherwise contacted, leave in a prominent place in the motor vehicle a written notice bearing the enforcement officer's name,the office and address where the animal may be claimed by the owner thereof The animal will be surrendered to the owner if the owner claims the animal within 74 3 business days heuFs from the time the animal was removed from the motor vehicle and shall pay all reasonable charges that have accrued for the maintenance of the animal The owner must also at such time of return of such animal make current all licensing and vaccinations and pay all associated fines. In addition, the owner shall show proof of payment of any court fines for any citations that were issued as a result of the impoundment prior to or at the time the animal is returned to the owner. 20 § 6-5-3 EXCEPTIONS Nothing in this article shall be deemed to prohibit the transportation of horses,cattle,sheep,poultry or other agricultural livestock in trailers or other vehicles designed and constructed for such purpose Article 6-6 Keeping of Animals Section 6-6-1 Maintenance of property 6-6-2 Sanitary regulations 6-6-3 Enforcement § 6-6-1 MAINTENANCE OF PROPERTY (A) No person, firm or corporation shall be permitted to keep or harbor any animal in such a manner that the housing conditions shall cause insect or rodent breeding, obnoxious or offensive odors or those that constitute a public nuisance. (B) All corrals, barns, enclosures or other structures used for the purpose of housing, keeping or caring for any animal or animals shall be structurally sound so as to contain such animals safely and securely § 6-6-2 SANITARY REGULATIONS (A) Manure shall be removed from any yard,corral,barn,enclosure or any other structure used for the purpose of housing, keeping or caring for an animal or livestock as often as necessary to maintain a sanitary premise that will not cause a hazard to the health of an animal or livestock Manure however may be composted or distributed evenly in a thin layer in turnouts or roundpens for purposes of dust control (B) Drinking troughs shall contain clean and fresh water and shall be provided with adequate overflow drainage and such drainage shall be controlled so as to prohibit any flow onto adjoining properties or the breeding of mosquitoes or other noxious insects. Livestock must have access to drinking water at all times. (C) Manure shall not be accumulated in any place or in any manner whereby it may affect a source of drinking water or groundwater. (D) Spillage and leftovers from animal feedings shall be disposed of in such a manner that insect or rodent breeding or obnoxious odors do not exist (E) Manure shall be located on the property on which the animals or livestock generating the manure are kept or harbored so as to prevent the manure from entering onto an adjoining property. Reasonable containment procedures shall take into consideration acts of nature such as rainfall and wind, as well as natural drainage courses and sloping terrain. 21 00*� § 6-6-3 ENFORCEMENT All animals shall be kept or harbored with adequate food, water and care in accordance with the provisions of this chapter. It shall be the duty of the enforcement officer to take into eus impound any animals which are maintained in such conditions in violation of this code in accordance with the provisions as contained in Vol. I, Article 6-2. Article 6-7. Potbellied Pigs Section 6-7-1 Licenses and tags 6-7-2 Running at large 6-7-3 Impoundment 6-7-4 Biting pigs 6-7-5 Owner liability 6-7-6 Keeping of potbellied pigs 6-7-7 Number permitted 6-7-8 Commercial breeding prohibited § 6-7-1 LICENSES AND TAGS (A) A license shall be required, with a fee as established in A J C C , Vol I, Article 4-3, for each potbellied pig 4 months of age or over that is kept, harbored or maintained within the boundaries of the city for at least 30 calendar days of each year.The license is valid for 12 months from the month of issue and shall expire if not renewed by the end of each year. A delinquent added to the keense fee in the eN,ent that the appiteation is f:nade subsequent to the date en whieh the potbellied pig is FequiFed to be keensed under-the pfevisfens ofthis ai4iele This penalty shall not be assessed against applieantswha ftimish adequate proof tha4 the petbellied pig to be lieensed has been m theiF possession less than 30 ealeHdai:days efwhe have Fesided in the eity less than 30 (B) Durable license tags shall be provided by the city Each potbellied pig licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the city, the number of the license and the year of issue All license tags shall expire 12 months from the month of issue The tag shall be attached to a collar or harness which shall be worn by the potbellied pig at all times except as may be otherwise provided in this article Whenever a license tag is lost, a duplicate tag shall be issued upon application by the owner (C) It is unlawful for any person to counterfeit or attempt to counterfeit an official license tag or remove such tag from any potbellied pig for the purpose of willful and malicious mischief or place a license tag upon a potbellied pig unless the tag was issued to that potbellied pig (D) Whenever the ownership of a potbellied pig has changed,the new owner must obtain a new license and pay the fees. 22 (E) The Enforcement Officer shall apprehend and impound any potbellied pig found without a current valid license tag § 6-7-2 RUNNING AT LARGE (A) No person owning, keeping, possessing, harboring or maintaining any potbellied pig shall allow such potbellied pig to be at large as defined in A.J.C.C., Vol I, § 6-1-1 subject to the permission of the public safety director pursuant to this article (B) The enforcement officer shall apprehend and impound any potbellied pig running at large § 6-7-3 IMPOUNDMENT (A) Impoundment regulations as contained in A.J.C.C.,Vol.I,Article 6-2,except those applied to livestock, shall apply to potbellied pigs (B) Impoundment fees together with fees for care and feeding,as established in A J C C ,Vol I,Article 4-3, shall be assessed for the impoundment of potbellied pigs § 6-7-4 BITING PIGS (A) Any potbellied pig properly licensed pursuant to this chapter that bites any person may be confined and quarantined at the home of the owner or wherever the potbellied pig is harbored and maintained with the written consent of and in a manner prescribed by the enforcement officer The potbellied pig shall not be moved or relocated unless the enforcement officer is so notified. The time for quarantine under this division shall be 10 calendar days. (B) At the completion of the quarantine or impoundment period and prior to the release of the potbellied pig,the potbellied pig shall be examined by a licensed veterinarian and released only if the veterinarian determines that the potbellied pig&es does not exhibit signs of rabies, infection or any other dangerous, contagious and infectious diseases (C) If it is determined that the potbellied pig is infected with rabies or other dangerous, contagious and infectious disease, it shall be the duty of the enforcement officer to destroy such potbellied pig in as humane a manner as reasonably possible Following such action or if the potbellied pig dies during the period of quarantine or impoundment, its head shall be sent to the Arizona ate Department of Health Services or appropriate diagnostic laboratory for examination § 6-7-5 OWNER LIABILITY (A) Injury to any person or animal or damage to any property by a potbellied pig while at large or under the owner's control shall be the full responsibility of the owner or person responsible for the potbellied pig when such damages were inflicted. (B) The owner of potbellied pig which bites a person who is in or on a public place or lawfully in or on a private place, including the property of the owner of the potbellied pig, is liable for damages suffered by the person bitten, regardless of the former viciousness of the potbellied pig or the owner's previous knowledge of its viciousness § 6-7-6 KEEPING OF POTBELLIED PIGS The provisions of A J C C, Vol 1,Article 6-6 shall be applicable to the keeping of potbellied pigs. 23 § 6-7-7 NUMBER PERMITTED No more than 3 potbellied pigs as defined in this chapter,with each animal weighing no more than 100 pounds,shall be allowed per household.Potbellied pigs kept in this manner shall be considered as pets provided they are not kept for purposes of retail sales or commercial breeding. § 6-7-8 COMMERCIAL BREEDING PROHIBITED No potbellied pigs shall be kept for purposes of commercial breeding or retail sales.Any potbellied pig as permitted under this chapter shall be kept only as a pet or as a show animal within the limitations of A.J.C.C., Vol. 1, § 6-7-7 Article 6-8. Keeping of Swine for Special Projects Section 6-8-1 Limitations on location and quantity 6-8-2 Time limitations 6-8-3 Sanitary conditions 8-8-4 Registration required 6-8-5 Termination of project § 6-8-1 LIMITATIONS ON LOCATION AND QUANTITY The keeping of swine or pigs shall meet the requirements set forth in A.J.C.C., Vol. II, Land Development Code, Chapter 1, Zoning Ordinance, § 1-6-17, Animal Regualtions, as amended Swine or pig as defined in this ehaptef: shall be kept on niintnaut:n 1 aeFe lots loeated only in afeas shall the number-efswme oF pigs exeeed 1 per-famtb,neF shall the numbef exeeed 1 peF paFeel eF let. § 6-8-2 TIME LIMITATIONS All swine or pigs permitted under this article shall be considered as part of a terminal market project or other similar educational project subject to the guidelines of a political subdivision of this state or an educational institution All guidelines shall specify a period of time for termination of the project All swine and pigs kept in conjunction with an educational project shall be limited to a period of time commencing November 1 and ending on March 31 of the subsequent year in conjunction with the scheduling of the Pinal County Fair.At no other time shall such swine or pigs be permitted to remain on any parcel or lot § 6-8-3 SANITARY CONDITIONS (A) All swine or pigs kept in accordance with this article shall be fed only manufactured swine feed in pellet form and shall not be fed refuse or garbage (B) The area in which such swine or pigs are harbored or maintained shall be kept clean with all manure disposed of properly and on a daily basis No standing water or mud bog shall be 24 permitted. Water will be provided by means of a manufactured animal activated watering system with an automatic shut-off valve to terminate water flow, such as a lixit system. § 6-8-4 REGISTRATION REQUIRED All swine or pigs kept in accordance with this article shall be tagged,photographed and registered with the Animal Control Division § 6-8-5 TERMINATION OF PROJECT J'1 If any swine or pig kept in conjunction with a project as permitted by this article fails, for any reason,to fulfill the requirements as imposed by this article, the animal may be impounded. Any animal not fulfilling the project requirements shall not be returned to the participating owners' residence or to the site at which it was previously harbored Article 6-9: Violations Section 6-9-1 Civil filings and penalties 6-9-2 Criminal filings and penalties § 6-9-1 CIVIL FILINGS AND PENALTIES. Except as otherwise noted, any violation of this chapter shall be handled as a civil offense and shall be filed 4W in the municipal court in the same manner as civil property maintenance violations aFe haiidled pursuant to A J C C, Vol 1, § 9-1-4(D) Appeals shall be handled in the same manner pursuant to A J C C., Vol. I, § 9-1-4 (E). The fines noted below are the exact fines that a judge shall impose, which shall not be decreased, increased, or exchanged for community restitution or other penalties The court may impose additional penalties to include court fees, but shall not substitute such fees for the base fines referenced as follows First violation Fine of $250 Second violation of same code provision occurring within 24 months of first Fine of violation $500 Third violation of same code provision occurring within 24 months of first Fine of violation $750 § 6-9-2 CRIMINAL FILINGS AND PENALTIES. A fourth violation of the same code provision in this chapter occurring within 24 months of the first violation shall be filed in the criminal division of the municipal court as a Class 1 misdemeanor by the city attorney's office, which minimum fine shall be $1,000 and a maximum fine of$2,500, a maximum of 36 months probation, a maximum of 6 months jail time, and other provisions which the court has jurisdiction to impose, such as applicable court-imposed penalties, 25 Av•►, .� assessments,an order for forfeiture and destruction of an animal,and other court or probation fees. The judge shall treat subsequent and successive civil judgments as in the same manner criminal prior convictions are concerned insofar as the elevated fines noted above are to be applied The judge has no discretion to lower these successive fines However,violations of the following code provisions,whenever committed,single incident or repetitive, shall always be handled as criminal class 1 misdemeanors with the above-noted minimum class 1 misdemeanor penalties 6-1-11 Cruelty, neglect and abandonment ^ 6-2-97 Impeding Enforcement Officer 6-2-10 Biting animals, quarantine F3-6 Vicious dogs 26 .r ,f. ORDINANCE NO 1414 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AMENDING APACHE JUNCTION CITY CODE, VOLUME 1, BY REPEALING CHAPTER 6, ANIMALS, AND ADOPTING BY REFERENCE A NEW CHAPTER 6, ANIMALS, REPEALING ANY CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; AND ESTABLISHING AN EFFECTIVE DATE WHEREAS, since the Mayor and City Council originally adopted Chapter 6 of the Apache Junction City Code ("A. J.C.C. ") , Volume 1 relating to Animal Code provisions in 1980, numerous amendments have been subsequently approved; and WHEREAS, over time as a result of these various amendments as well as historical practice and procedure, portions of the code have become outdated and require continuing revision; and WHEREAS, staff recommends certain changes to Chapter 6 to keep up with the current laws and operational efficiency at the Paws and Claws Care Center; and WHEREAS, a work session on June 15, 2015 and a public hearing on June 16, 2015, were held to discuss the amendments, and WHEREAS, A R S § 9-802 permits municipalities to enact the provisions of a code or public record theretofore in existence without setting forth such provisions in full text as long as the adopting ordinance is published in full text and at least three copies of the code or public record are filed in the office of the clerk of the municipality and are made available for public use and inspection; and WHEREAS, pursuant to A.R S §§ 9-801 (1) and 9-802, codes which may be adopted by reference include those relating to animal control facility regulation; and WHEREAS, City staff has determined that for administrative efficiency, it is more appropriate to update the city code by repealing Chapter 6 of Apache Junction City Code Volume 1 in its entirety, and replacing it with an updated Chapter 6, to include the updated animal code provisions BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: ORDINANCE NO. 1414 1 OF 3 .., •0r SECTION I IN GENERAL 1 That existing Apache Junction City Code, Volume 1, Chapter 6, Animals, is hereby repealed in its entirety. 2 . That certain document known as "2015 Amendments to the Apache Junction City Code, Volume 1, Chapter 6, Animals", three copies of which are on file in the office of the City Clerk, which document was made a public record by Resolution No. 15-10 of the City of Apache Junction, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance, pursuant to A.R.S. § 9-802 SECTION II REPEALING ANY CONFLICTING ORDINANCES All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the codes adopted herein by reference are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY If any section, subsection, sentence, phrase, clause or portion of this ordinance or any part of the codes or regulations adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING FOR PENALTIES After the City exhausts all of its civil violation procedures as referenced in the adopted regulations, any violation of any provisions adopted herein, shall be punishable as a Class 1 Misdemeanor consistent with Apache Junction City Code, Volume 1, Chapter 1, GENERAL, Article 1-8 , PENALTY SECTION V ESTABLISHING AN EFFECTIVE DATE This ordinance shall take effect on September 1, 2015 APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF 2015 . ORDINANCE NO 1414 2 OF 3 �.. ANk SIGNED AND ATTESTED TO THIS DAY OF 2015 . JOHN S. INSALACO Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J STERN City Attorney ORDINANCE NO 1414 3 OF 3 CLEAN COPY 6-15-15 2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER 6, ANIMALS Article 6=1 Rules and Regulations 6=2 Impounding Generally 6=3 Dogs 6=4 Contractual Agreement 6-5 Confined Animals 6=6 Keeping of Animals 6_7 Potbellied Pigs 6_8. Keeping of Swine for Special Projects 6-9. Violations ARTICLE 6-1 Rules and Regulations Section 6-1-1 Definitions 6-1-2 Dangerous animals 6-1-3 Noises 6-1-4 Strays, housing 6-1-5 Swme prohibited 6-1-6 Pet shops 6-1-7 Commercial dog kennels permits 6-1-8 Personal dog kennels permits 6-1-9 Veterinary hospitals 6-1-10 Wild animals 6-1-11 Cruelty and neglect § 6-1-1 DEFINITIONS For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a different meaning Abandonment To desert, forsake, or give up an animal without having secured another owner or custodian for the animal, or by failing to provide the elements of basic care (food, water and shelter). A.J C C Apache Junction City Code Altered. A spayed female animal or a neutered male animal Animal. Any mammal of a species that is susceptible to rabies, except humans and livestock. At Large In any street, alley,public park, private or public school property or other public place or on other private property without being secured by physical restraint such as a leash, chain, or rope, or is otherwise not confined in a secured enclosure. Cat. A member of the Felis catus family Collar A band, chain, harness or suitable device worn around the neck of an animal to which a license may be affixed. Commercial Dog Kennel Any establishment exclusive of one providing dental, medical or surgical care which maintains any dogs over 4 months of age for trade,business,profit or gain Commercial Dog Kennel Permit. City authorization provided under § 6-1-7 allowing operation of a commercial dog kennel. Consecutive Business Days Monday through Friday are considered business days, business days do not include Saturdays, Sundays or city holidays even if the animal control division is open during these days Contamination Anything that is harmful to animals or livestock that could lead to illness or death Cruel Mistreatment To torture or otherwise inflict physical injury upon an animal or to kill an animal in a manner that causes suffering to such animal. Cruel Neglect To fail to provide an animal with food, water or shelter or medical treatment ^ required to maintain health Dog A member of the Canis familiaris family Educational Institution Any public or private elementary or secondary school, or secondary technical or vocational school Enforcement Officer Any certified peace officer, or any City of Apache Junction animal control officer. Equine. Horses,mules, burros and asses Fee. Amounts enumerated in A.J.C.C.,Vol. I, § 4-7 Food A substance of sufficient quantity and nutritious value to maintain each animal in good health, provided at suitable intervals but at least once daily or as otherwise prescribed by a licensed veterinarian, appropriate to the species Fowl. A bird of any kind,domesticated or wild, including poultry 2 Household All individuals who share the same residence, whether related or unrelated Impound The act of taking or receiving into custody by the enforcement officer any animal for the purpose of confinement in an authorized impound facility in accordance with the provisions of this article Impound Facility Any establishment authorized for the confinement, maintenance, safekeeping and control of dogs and other ammals that come into the custody of the enforcement officer in the performance of his or her official duties Intentionally. With respect to a result or to the conduct described by a statute defining an offense where a person's objective is to cause that result or to engage in that conduct. Kennel. An enclosed controlled area inaccessible to other animals, in which a person keeps, harbors or maintains dogs under controlled conditions Knowingly. With respect to conduct or to a circumstance described by a statute defusing an offense, that a person is aware or believes that the person's conduct is of that nature or that the circumstance exists, it does not require any knowledge of the unlawfulness of the act or omission Livestock Bovine, equine, sheep, goats, swme,llamas and ratite Manager A person duly authorized by the owner to conduct business, act as an agent or otherwise carry out the legal rights and duties of the owner. Manure Refuse of stables, yards, corrals or barnyards consisting of animal, livestock or fowl excreta with or without litter Medical Attention Recommended procedures used to treat a particular disease, injury, infestation or ailment which an animal may have in order to heal, alleviate, or lessen the effects of such condition, or to prevent the animal from pain and suffering, treatment may be administered by either a licensed veterinarian appropriate to the species or the person who has custody or control of such animal depending on the severity of the condition and the knowledge, skills and ability of the person to provide the proper treatment ^ Owner Any person exercising care, custody or control of any animal for more than six consecutive calendar days or claiming any legal interest in such animal, indicators of ownership also include any license, permit, certificate, registration or other documentation which establishes a legal interest in such animal Person. Any individual, corporation,partnership, association or other legal entity Personal Dog Kennel Any location where more than 4 dogs are kept, owned or controlled by a person or entity for companionship, enjoyment of the species,or for training for field working or obedience trials or exhibition for organized shows Personal Dog Kennel Permit City authorization provided under § 6-1-8 allowing a personal dog kennel. Pet Shops Any commercial establishment at which animals, fowl or cold blooded species are kept for sale, groomed or treated for vermin 3 Potbellied Pig Only registered purebred miniature Vietnamese potbellied pigs or other similar registered purebred mnmature potbellied pigs Protracted Suffering. Allowing an animal to continue suffering a painful condition Public Nuisance An odor or noise that interferes with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons, when investigating public nuisance allegations, the enforcement officer shall take into consideration all ^ factors which support any such allegations, including but not limited to- distances in which the complaining parties live from the offensive premises, number of complaining witnesses, number of complaining parties residing on the street or in the vicinity of the offensive premises, duration that the conditions existed, prior history of similar complaints, and communications between the complainants and offending party Public Safety Director The person appointed by the city manager pursuant to A J C C , Vol I, Article 3-6 as the department head of the public safety department of the city or his or her appointed designee Rabies Quarantine Area Any area in which a state of emergency has been declared to exist due to the occurrence of rabies in animals in or adjacent to this area Recklessly With respect to a result or to a circumstance described by a statute defining an offense, which a person is aware of and consciously disregards a substantial and unjustifiable risk that the result will occur or that the circumstance exists, the risk must be of such nature and degree that disregard of such constitutes a gross deviation from the standard of conduct that a reasonable person would observe in the situation, a person who creates such a risk but who is aware of such risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk Responsible Person. Any person currently delegated by the owner to exercise care, custody or control of an ammal for more than six consecutive calendar days Shelter A protection from the elements, either manmade or natural with regards to the geographical locations and the type of protection needed located within an animal's enclosure, in order to allow the animal free choice to utilize such protection Swine or Pigs Only those pigs kept, maintained or harbored for a limited period of tune in conjunction with 4-H, Future Farmers of America or other similar educational projects of a political subdivision of the state or an educational institution. Unsanitary Premises Those premises on which animals, livestock or fowl are kept in a manner that creates insect and rodent breeding, noxious or offensive odors, or any other condition that is offensive to the senses of a reasonable person Vaccination The administration of an anti-rabies vaccine to animals by a veterinarian, or an authorized impound facility by employees trained by a veterinarian licensed by the State of Arizona Veterinarian Any veterinarian licensed to practice in Arizona or any veterinarian employed in Arizona by a governmental agency Veterinary Hospital. Any establishment operated by a veterinarian licensed to practice in Arizona that provides clinical facilities and houses animals or birds for dental, medical or 4 III jsurgical treatment, a veterinary hospital may have adjacent to it or in conjunction with it or as an integral part of it,pens, stalls, cages or kennels for quarantine, observation or boarding Vicious Animal. Any animal of the carnivore order that has a propensity to attack, to cause injury to or otherwise endanger the safety of human beings or other domesticated or companion animal without provocation, or that has been so declared after a hearing before a justice of the peace, city magistrate, or superior court judge. Proof of provocation of any animal attacked by the person injured shall be a defense to any action for damages or petition for declaration of viciousness Provocation shall be measured by whether a reasonable person would expect that the conduct or circumstances would likely encourage an animal to attack This definition does not apply to dogs utilized by law enforcement officers. Water. A transparent, odorless, and tasteless liquid compound of hydrogen and oxygen, of ambient temperature in sufficient volume as needed to maintain normal hydration for an animal Wild, Dangerous or Undomesticated Animal (1) That which is not of a species customarily used as an ordinary household pet, but one which would ordinarily be found in the wilderness of this or any other country, or one which otherwise causes a reasonable person to be fearful of bodily harm or property damage Except as specifically listed below, fish in an aquarium are not included in this definition Wild, Dangerous, or Undomesticated animal includes. (a) All venomous animals including rear-fang snakes, (b) Bears (Ursidae species "spp."), (c) Bison(Bison spp), (d) Cheetahs (Acinonyxjubatus), (e) Constrictor snakes, 6 feet in length or more, (0 Coyotes(Canis latrans), (g) Crocodilians(Crocodiha spp), 30 inches in length or more, (h) Deer(Cervidae spp). includes all members of the deer family, for example, white tailed deer, elk, antelope and moose, (i) Elephants (Elephas spp. and Loxodonta spp), 0) Game cocks and other fighting birds; (k) Hippopotami(Hippopotamidae spp); (1) Hyenas(Hyaenidae spp); (m) Jaguars(Panthera onca), (n) Leopards(Panthera pardus), (o) Lions(Panthera leo), (p) Lynxes(Lynx spp); (q) Non-human primates including prosurmans,monkeys and apes, 5 i (r) Piranha fish(Characidae spp.), (s) Pumas(Fetes concolor), also known as cougars, mountain lions and panthers, (t) Rhinoceroses(Rhinocero tidae), (u) Sharks(class Chondrichthyes), (v) Snow leopards (Panthera uncia), (w) Tigers(Panthera tigris), (x) Wolves(Canis lupus) § 6-1-2 DANGEROUS ANIMALS (A) It is unlawful to permit any dangerous, or vicious animal of any kind to run at large within the city Exhibitions or parades of animals which are ferae naturae in the eyes of the law may be conducted only upon securing a permit from the public safety director (B) Only enforcement officers are authorized to kill any dangerous animals of any kind when it is necessary for the protection of any person or property. (C) It is unlawful to own, harbor or maintain any animals of the wolf hybrid species, except those animals which are licensed and registered with the ammal control division as of January 30, 1995 Except for renewals, no wolf hybrid shall be allowed to be licensed after January 30, 1995 Any license issued for a wolf hybrid shall not be allowed to transfer to a new owner. § 6-1-3 NOISES It is unlawful and hereby declared a public nuisance for any person to harbor or keep any animals which habitually bark, howl, yelp, squeal, shriek or make any other sounds which disturb the peace and quiet of the neighborhood, or in such a manner as to interfere with the comfortable enjoyment of life or property by an entire community or neighborhood or by a considerable number of persons When investigating public nuisance allegations, the enforcement officer shall take into consideration all factors which support any such allegations, including but not limited to- distances in which the complaining parties live from the offensive premises,number of complaining witnesses, number of complaining parties residing on the street or in the vicinity of the offensive premises, duration that the conditions existed, prior history of similar complaints, and communications between the complainants and offending party. § 6-1-4 STRAYS, HOUSING Any person who keeps or causes to be kept any horses, mules, cattle, burros, goats, sheep, other livestock or poultry, shall keep such animals in a pen or similar enclosure to prevent their roammg at large Any such livestock or poultry running at large shall be impounded as provided in this chapter It is unlawful to cause or allow any stable or place where any animal is or may be kept to become unclean or unwholesome § 6-1-5 SWINE PROHIBITED It is unlawful to keep any live swine or pigs within the corporate limits of the city except as provided by A J C C , Vol I, Article 6-7, and registered purebred muuature Vietnamese potbellied pigs or other similar registered purebred miniature potbellied pigs Any immature pigs 6 shall be subject to all other conditions and requirements as set forth in A.J.C.C., Vol. I, Article 6- 7. § 6-1-6 PET SHOPS (A) No sick or injured animal shall be maintained or held or offered for sale on the premises of pet shops (B) Animals which are unweaned, under the age of 8 weeks, or so young that their sale would be injurious to them, shall not be sold, offered for sale nor given away /1 (C) Every person maintaining a pet shop shall cause a notice to be framed and enclosed under glass, and to be posted in such a location as to be legible at all tunes from the outside containing- the name, address and telephone numbers of persons to be notified in case of emergency at any time who will, at the request of any enforcement officer or other designated authority, respond to the location to assist in any emergency or other situation in which such person's presence is indispensable (D) Dogs and cats kept in pet shops shall be caged so that each animal is afforded no less than 20 square feet in area per each dog or cat Each dog or cat over 3 months of age shall be kept in individual cages (E) Premises where animals and birds are kept shall be ventilated to the external air and adequately lighted to provide visibility The premises shall be properly plumbed and have septic tanks or sewer connected sinks and shall have adequate supply of water readily accessible to the portions of the premises in which the animals or birds are kept Cages shall be constructed and designed so that their parts are easily cleaned. Floors shall be concrete, tile or similar non-porous material F( ) The premises, implements, cages, yards, runs and appurtenances shall be kept clean, sanitary, free of animal and bird parasites, droppings or other health hazards and shall be cleaned and disinfected at least once daily Flies shall be controlled (G) No portion of a pet shop shall be used for human habitation, nor shall food for human consumption be prepared or served in the same room in which animals or birds are kept. § 6-1-7 COMMERCIAL DOG KENNEL PERMITS (A) Any person who owns, maintains or harbors any dogs over 3 months of age for trade, business,profit or gain must obtain a commercial dog kennel permit (B) The commercial dog kennel permit shall be valid for 12 months and will expire on the first anniversary of the permit A renewal is required within 30 calendar days from the date of expiration, otherwise the matter will be considered delinquent, and a late fee, as established in A J C C , Vol I, Article 4-3, shall be charged Each subsequent permit that is issued will be valid for 1 year and will expire on the respective anniversary date. The fee is established in A J C C , Vol. I, Article 4-3 No commercial dog kennel permit fee shall be prorated or refunded nor shall the permit be transferable. (C) All zoning requirements established by the city for commercial business shall be met before a commercial dog kennel pernut can be issued. The owner/manager of any commercial dog kennel shall obtain and have on display a valid city license as required by A.J.C.C., Vol. I, Chapter 8, Business,Article 8-1,General Business and Licensing Provisions I I (D) It shall be the duty of the owner of the kennel to pay the applicable kennel fee on or before the date of establishing a kennel in the city. The kennel fee shall be paid to the animal control division of the police department (E) The permittee shall operate the kennel so as to eliminate excessive or untimely noise from ammals and offensive odors from the kennel The kennel and grounds shall be maintained in a sanitary condition. (F) The permittee shall retain the name, address and telephone number of the owner of each boarded dog and the license number of each dog This register must be exhibited to any enforcement officer upon demand. The permittee shall also have on file proof of rabies vaccination for each dog housed on the premises. (G) The permittee shall retain the name and address of each person selling, trading or giving any dog to the kennel (H) The permittee shall provide an isolation ward for sick or injured dogs, so as not to endanger the health of other dogs or cause exposure to further injury (I) The permittee shall notify the owner of a boarded dog when such dog refuses to eat or drink, or when such dog is injured or becomes weak or ill. (J) Any violations of this chapter and Vol I, Chapter 8, shall be cause to revoke any commercial dog kennel permit The permit may be revoked by the public safety director after notice and hearing The notice, hearing and appeal procedures shall be handled in the manner set forth below in §6-1-7 (L) (K) The animal control division shall, within 30 calendar days before the annual renewal date for the commercial dog kennel permit, inspect the premises to confirm compliance with provisions of this chapter. In no event shall a renewal be issued unless the inspection is made and all non-compliant matters are corrected before the annual renewal date. The public safety director may cause random inspections anytime it is deemed necessary from 8.00 a.m. - 5.00 p m, Monday through Friday without notice to the kennel proprietor. (L) Notice,hearing and appeal procedure (1) To suspend or revoke a permit, the animal control division shall deliver or mail by certified mail to the business address as shown by the permit application, a written notice that such permit is suspended or revoked. The reason for such suspension or revocation shall be set forth in the notice The notice shall also contain the permittee's rights and procedures to appeal such suspension or revocation A suspended or revoked permit shall be surrendered to the animal control division on demand. (2) The animal control division shall grant on demand to any permittee whose permit has been revoked or suspended a full hearing on the merits of such suspension or revocation. Appeal of the animal control division's action to a hearing officer appointed by the public safety director,pursuant to section(3) below, shall not be had prior to the hearing Demand for hearing shall be made within 10 working days of receipt of the animal control division's notice of suspension or revocation, and failure to demand a hearing within that time will constitute a full waiver. After considering evidence presented at the hearing, the animal control division shall make a decision to uphold or repeal the permit suspension or revocation, and shall deliver or 8 mail by certified mail to the business address as shown on the permit application the results of the decision (3) Any person aggrieved by the animal control division's decision pursuant to section (2) above shall have the right of appeal to the designated hearing officer The appeal shall be filed with the public safety director within 14 working days after receipt of the animal control division's decision The appeal shall contain a written statement setting forth fully the grounds for the appeal The hearing officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on revocation The decision and order of the hearing officer shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings under state law (4) No person may reapply for any permit after denial, revocation or non-renewal of such permit unless the cause for such denial, revocation or non-renewal has been removed or corrected (M) A commercial dog kennel permit shall not be issued or renewed to any person who has been convicted of a violation of A R.S. §§ 13-2910 (cruelty to animals) or 13-2910 01 (dog fighting), or any other state, county, or municipal animal welfare law, except civil violations of leash laws § 6-1-8 PERSONAL DOG KENNEL PERMITS (A) Personal dog kennel permits (1) Class I permit A Class 1 permit for a personal dog kennel shall be required for any person who owns,maintains or harbors from 4 to 5 dogs over 3 months of age. (2) Class 2 permit A Class 2 permit for a personal dog kennel shall be required for any person who owns,maintains or harbors from 6 to 8 dogs over 3 months of age. (3) Class 3 permit A Class 3 permit for a personal dog kennel shall be required for any person who owns,maintains,or harbors from 9 to 12 dogs over 3 months of age (4) Any person who owns, maintains or harbors 3 or less dogs over 3 months of age is not required to obtain a personal dog kennel permit (5) The provisions of Code of Federal Regulations, Title 9, Volume I, § 3 6, relating to animal floor space, shall be considered when granting the above-noted permits (6) The permit provisions do not apply to emergency situations where a person or nonprofit entity boards dogs, subject to the following conditions- (a) The person boarding dogs will submit a sworn and notarized statement that they are caring for the dogs for a maximum of 30 calendar days per dog. (b) This statement shall contain the name, address, and phone number of the individual or organization who provided the dog to the boarder (c) No more than 2 dogs will be permitted under this emergency exception (d) The boarder will provide the animal control division with the final disposition of the animal within the 30-calendar day period for each dog noted on the original 9 statement, as well as the name and contact information of the adopting party. Extensions of the 30-day time limit may be permitted at the discretion of the animal control division, but in no event shall such extension exceed 6 months per animal (e) The goal of this emergency exception is to protect the animals that are in foster care rather than to punish law abidmg pet owners (7) Any service animal as defined under applicable Arizona law including but not /'\ limited to A R S §§ 9-500 32, 11-1024, and 13-2910, is not to be counted toward the maximum allowed dogs under this section, and no license fees shall be applied for such animals pursuant to A R S § 9-500 32,nor any search and rescue dog as set forth in A R S. § 9-500 32 (B) Each personal dog kennel permit shall be valid for 12 consecutive months and expire on the first anniversary of the permit and shall become delinquent 30 calendar days from the date of expiration. Each subsequent permit issued will be valid for a 1-year period and expire on the respective anniversary date. The fee is established in A J C C ,Vol I, Article 4-3 A late fee shall be charged on all delinquent personal dog kennel permits, as established by A J C C , Vol I, Article 4-3 No personal dog kennel permit shall be prorated or refunded nor shall the permit be transferable (C) All dogs covered by a personal dog kennel permit shall be vaccinated, licensed and spayed or neutered. A dog owner may apply for a waiver of the spay or neuter requirement as long as they obtain a veterinarian's written opinion that such surgery would endanger the safety of the dog, or a certification from a veterinarian determirung that the other dogs owned by the owner or those maintained or harbored at the same address are spayed and/or neutered. At the discretion of the animal control division and upon documented proof, the spaymg and neutering requirement shall not apply to American Kennel Club or Canadian Kennel Club dogs (D) At no time shall dogs covered under this section be used for trade, business, profit or gam There shall be no boarding or breeding of dogs covered by this permit All dogs shall be the exclusive property of the permittee (E) The permittee shall operate the personal dog kennel so as to eliminate excessive or untimely noise from animals and offensive odors from the kennel The kennel and grounds shall be maintained in a sanitary condition The property covered by this permit shall be surrounded by a fence of sufficient height and strength to confine the dogs Sufficient height and strength will be determined by an enforcement officer based on the size of the dog being confined (F) Any violations of this chapter and A J.C.C., Vol I, Chapter 8 shall be cause to revoke any commercial dog kennel permit. The permit may be revoked by the public safety department director after notice and hearing The notice, hearing and appeal procedures shall be handled in the same manner set forth below in § 6-1-8 (G) (G) Notice,hearing and appeal procedure- (1) To suspend or revoke a permit, the animal control division shall deliver or mail by certified mail to the business address as shown by the permit application, a written notice that such permit is suspended or revoked The reason for such suspension or revocation shall be set forth in the notice The notice shall also contain the permittee's rights and procedures to appeal such suspension or revocation A suspended or revoked permit shall be surrendered to the animal control division on demand 10 (2) The animal control division shall grant on demand to any permittee's whose permit has been revoked or suspended a full hearing on the merits of such suspension or revocation Appeal of the animal control division's action to a heanng officer appointed by the public safety director, pursuant to section(3)below, shall not be had prior to the hearing Demand for hearing shall be made within 10 working days of receipt of the animal control division's notice of suspension or revocation, and failure to demand a hearing within that time will constitute a full waiver After considering evidence presented at the hearing, the animal control division shall make a decision to uphold or repeal the permit suspension or revocation; and shall deliver or mail by certified mail to the business address as shown on the permit application the results of the decision. (3) Any person aggrieved by the animal control division's decision pursuant to section (2) above shall have the right of appeal to the designated hearing officer. The appeal shall be filed with the public safety director within 14 working days after receipt of the animal control division's decision The appeal shall contain a written statement setting forth fully the grounds for the appeal The hearing officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on revocation The decision and order of the hearing officer shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings under state law. (4) No person may reapply for any permit after demal, revocation or non-renewal of such permit unless the cause for such demal, revocation or non-renewal has been removed or corrected (H) Any dogs over the allotted number allowed will either be surrendered to the animal control division or to new homes found by the owner within a 36-hour period after the discovery of the excess number of dogs by enforcement officers The holder of a personal dog kennel permit shall not be bound by the same requirements governing a commercial dog kennel permit. (I) The animal control division shall, within 30 calendar days before the annual renewal date for the personal dog kennel permit, mspect the premises to confirm compliance with provisions of this chapter. In no event shall a renewal be issued unless the inspection is made and all non- compliant matters are corrected before the annual renewal date (J) A personal dog kennel permit shall not be issued to any person who has been convicted of a violation of A R S §§ 13-2910 (cruelty to ammals) or 13-2910 01 (dog fighting), or any other state, county, or municipal animal welfare law, except civil violations of leash laws § 6-1-9 VETERINARY HOSPITALS (A) The provisions of A.J.C.C., Vol. I, § 6-1-6 Pet Shops, subsections (C) through (G) shall apply to veterinary hospitals, as defined in A J C C , Vol I, § 6-1-1. In addition, caged areas shall contain no less than 20 square feet per any dog or cat boarded (B) Veterinary hospitals and clinics shall keep records for each animal or bird treated, including an accurate description of the animal or bird, the treatment given, including diagnosis, if possible, vaccinations and dates of admission and discharge. Such records shall be made available for inspection by an enforcement officer § 6-1-10 WILD ANIMALS it (A) No person shall harbor, maintain or control a wild, dangerous or undomesticated animal, as defined in A J C C , Vol. I, § 6-1-1, within the city limits (B) The provisions of this section shall not apply to any keeping of such wild animals in a bona fide licensed veterinary hospital for treatment, bona fide educational institution, circus, zoo or other event for education or entertainment which has obtained a special permit from the animal control division The animal control division shall issue a special permit if it determines- (1) That the animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or the property of others (2) That adequate safeguards are made to prevent unauthorized access to such animal by members of the public. (3) That the health or well-being of the animal is not in any way endangered by the manner of keeping or confinement (4) That the keepmg of such animal does not constitute a nuisance, as defined in A J C C , Vol I, § 6-1-3, pertaming to noisy animals, and is in compliance with all city zoning and business licensing and regulations. (5) That the keeping of such animal will not create or cause offensive odors or constitute a danger to public health. (6) That the quarters in which such animal is kept or confined are adequately lighted and ventilated and are so constructed that they may be kept in a clean and sanitary condition. (7) That the applicant for such special permit prove their ability to respond in damages to and including the amount of $1,000,000 per occurrence, $2,000,000 aggregate, for bodily injury to or death of any person or persons or for damage to properly owned by any other person which may result from the ownership, keeping or maintenance or such animal Proof of liability to respond in damages may be given by filing with the city attorney a certificate of insurance stating that the applicant is, at the time of application, and will be during the period of such special permit, insured against liability to respond in such damages, or by posting with the city attorney a surety bond conditioned upon the payment of such damages during the period of such special permit. The certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless 30 calendar days' written notice is first given to the city attorney. The applicant shall also cause such certificate of insurance to state the "City of Apache Junction" as an additional insured party, a copy of which must be sent to the office of the city attorney at least 60 days prior to such special event (8) Any violation of this chapter shall be cause to revoke the special pernnit The permit may be revoked by the public safety department director after notice and hearing The notice, hearing and appeal procedures shall be governed by the provisions set forth below in §6-1-10 (C) (C) Notice,hearing and appeal procedure (1) To suspend or revoke a permit, the animal control division shall deliver or mail by certified mail to the business address as shown by the permit application, a written notice that such permit is suspended or revoked The reason for such suspension or revocation shall be set 12 forth in the notice. The notice shall also contain the permittee's rights and procedures to appeal such suspension or revocation A suspended or revoked permit shall be surrendered to the animal control division on demand. (2) The animal control division shall grant on demand to any permittee's whose permit has been revoked or suspended a full hearing on the merits of such suspension or revocation Appeal of the animal control division's action to a hearing officer appointed by the public safety director,pursuant to section(3)below, shall not be had prior to the hearing Demand for hearing shall be made within 10 working days of receipt of the animal control division's notice of suspension or revocation, and failure to demand a hearing within that time will constitute a full waiver. After considering evidence presented at the hearing, the animal control division shall make a decision to uphold or repeal the permit suspension or revocation, and shall deliver or mail by certified mail to the business address as shown on the permit application the results of the decision (3) Any person aggrieved by the animal control division's decision pursuant to section (2) above shall have the right of appeal to the designated hearing officer The appeal shall be filed with the public safety director within 14 working days after receipt of the animal control division's decision The appeal shall contain a written statement setting forth fully the grounds for the appeal. The hearing officer shall set a time and place for a hearing on such appeal and notice of such hearing shall be given to the applicant in the same manner as provided for notice of hearing on revocation. The decision and order of the hearing officer shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings under state law (4) No person may reapply for any permit after denial, revocation or non-renewal of such permit unless the cause for such denial, revocation or non-renewal has been removed or corrected § 6-1-11 CRUELTY AND NEGLECT (A) Cruelty It is unlawful for any person to overdrive, overload, overwork, torture, torment, mutilate or unlawfully kill an animal, or cause or procure an animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, beaten, mutilated, or killed and whomever, having charge or custody of an animal as owner or otherwise, mflict cruelty upon it, drive or work it when unfit for labor, abandon it, or knowingly and willfully authorize or pernut it to be subjected to torture, suffering or cruelty of any kind (B) Neglect Animals under human custody or control shall be housed in healthy environments and shall be provided with proper food, water, shelter, medical care and ventilation Any person owning or having care, custody or control of any animal shall provide that- (1) The animal receives on a daily basis, food that is free from contamination and is of sufficient quantity and nutritious value to maintain the animal in good condition (2) Potable water is accessible to the animal at all times, either free flowing or in a clean receptacle (3) Except for livestock, all animals shall have convenient access to natural or artificial shelter throughout the year. Any artificial shelter shall be structurally sound and maintained in good repair to protect the animal from injury and from the elements, and of sufficient size to 13 permit the animal to enter, stand, turn around and lie down in a natural manner Any shelter which does not protect the animal from temperature extremes or precipitation, or which does not provide adequate ventilation does not comply with this section. Any shelter, all bedding and any spaces accessible to the animal, shall be maintained in a manner which minimizes the risk of the animal contracting disease, being mjured,or becoming mfested with parasites. (4) The animal shall receive care and medical attention for injuries, parasites, and diseases, sufficient to maintain the animal in good health and mimm»e the suffering or is humanely euthanized to prevent protracted suffering and parr to the animal (5) If the animal is on a tie out, consisting of a chain, leash, wire, cable or similar restraint, it shall be so located as to keep the animal exclusively on the secured premises Tie outs shall be so located that the animal cannot become entangled with other objects Collars used to attach an animal to a tie out shall not be of a choke type The tie out shall not weigh more than 1/8 of the animal's total body weight and shall not be shorter than 3 times the length of animal, measuring from the tip of the nose to the end of the tail. (C) Abandonment It is unlawful for a person to drop off or leave an animal on a street, road, highway, in a public place or on private property without food,water or shelter. (D) Violations Any violation of divisions (A), (B)or(C) shall be a class 1 misdemeanor. Article 6-2. Impounding Generally Section 6-2-1 Scope of article 6-2-2 Impounding of animals at large 6-2-3 Notice to owners of impoundment 6-2-4 Conditions and duration of impoundment 6-2-5 Redemption of impounded animals 6-2-6 Unclaimed impounded ammals 6-2-7 Impedmg Enforcement Officer 6-2-8 Biting animals, quarantine § 6-2-1 SCOPE OF ARTICLE The provisions of this article shall apply to the impoundment of all animals § 6-2-2 IMPOUNDING OF ANIMALS AT LARGE It shall be the duty of the enforcement officer to impound all ammals found at large, or not under the charge, care or control of some person in the street, alleys or other public places, or on vacant or unenclosed lots in the city The enforcement officer shall have the right to enter upon private property when it becomes necessary to do so in order to apprehend any animal that has been roaming at large Such entrance upon private property shall be in reasonable pursuit of such 14 ammal(s) and shall not include entry into a domicile unless it is at the invitation of the occupant or by way of search warrant or exigent circumstances exist justifying a warrantless entry § 6-2-3 NOTICE TO OWNERS OF IMPOUNDMENT If the owner of any impounded animal shall be known to the enforcement officer and shall reside or have a known place of business in the city, the enforcement officer shall notify the owner of such animal personally, or by door-hanger notice, or by letter through the post office within 24 hours after such animal has been impounded. The notice shall contain a description of the animal and shall state that unless reclaimed, such animal will be adopted out or destroyed after such animal is left unclaimed for 3 consecutive business days. If the owner of any impounded animal is not known to the enforcement officer or does not reside or have a known place of business in the city, then no notice needs to be sent If an animal is suspected to be abandoned, the enforcement officer will leave a 24-hour notice at the location where the animal is last observed, advising any interested person should contact the animal control division or the animal will be removed from the property after such time § 6-2-4 CONDITIONS AND DURATION OF IMPOUNDMENT The enforcement officer shall keep all captured and impounded animals in a safe, convenient and comfortable place and shall feed such animals as necessary and treat them in a humane manner during the time they are impounded The duration of impoundment shall not be less than 3 consecutive business days,unless sooner claimed by the owner § 6-2-5 REDEMPTION OF IMPOUNDED ANIMALS If the owner of any animal shall, within 3 consecutive business days after such animal has been captured and impounded, apply to the enforcement officer and pay the fees and charges authorized under this chapter, as well as make current all licensing and vaccination requirements and fees, the animal control division must make the animal available for return to the owner at the animal control division office § 6-2-6 UNCLAIMED IMPOUNDED ANIMALS If a dog or cat is not reclaimed within the impound period noted in Section 6-2-3 above, the animal control division may place such animal up for sale, adoption, rescue, or may dispose of the animal in a humane manner. The animal control division may destroy impounded, sick or injured animals whenever such destruction is necessary, at any time to prevent such an animal from suffering, to prevent the spread of disease, or for the safety and welfare of the public and city employees. § 6-2-7 IMPEDING ENFORCEMENT OFFICER It is unlawful for any person to, in any manner a)provide false or incomplete information to an enforcement officer concerning the whereabouts, ownership, license status, or current rabies vaccination of any animal, b) interfere, intervene, impede, prevent, obstruct, intimidate an enforcement officer in the discharge of Ins or her duties in capturing or attempting to capture and impound any and all animals which it shall be his or her duty to impound under the provisions of this chapter; or c) rescue or attempt to rescue any animal so captured or to release any animal so impounded. § 6-2-8 BITING ANIMALS, QUARANTINE 15 Whenever any animal bites a person, the person so bitten and the owner of the animal shall immediately notify the enforcement officer, who shall quarantine the animal, order the animal held on the owner's premises if the animal meets the home quarantine guidelines, and is current on rabies vaccinations and on licensing, or shall have it impounded for at least 10 calendar days or a longer period if necessary for a complete examination If it is determined that the animal is infected with rabies or other dangerous, contagious and infectious disease, it shall be the duty of the enforcement officer to destroy such animal in a humane manner If the animal is surrendered by the owner to the animal control division and the animal is acting aggressively or unpredictably, the animal will be humanely euthamzed and its head will be forwarded to the Arizona Department of Health Services for rabies testing. If the animal dies during the period of quarantine or impoundment, its head shall be forwarded to the Arizona Department of Health Services for examination It is unlawful for a person either to refuse surrender of the animal for quarantine or fail to abide by the home-quarantine provisions of this section If at the end of the quarantine period, the animal is determined to not be infected with rabies or other dangerous, contagious or infectious diseases,the animal shall be released to its owner Article 6-3• Dogs Section 6-3-1 Licenses and tags generally 6-3-2 Rabies vaccination required 6-3-3 Running at large 6-3-4 Impoundment 6-3-5 Hearing on disposition of abused and vicious animals 6-3-6 Vicious dogs 6-3-7 Owner liability 6-3-8 Dogs killing animals, livestock or fowl 6-3-9 Dog fecal matter § 6-3-1 LICENSES AND TAGS GENERALLY (A) License fees, as established in A.J.C.C., Vol. I, Article 4-3, shall be paid for each dog 3 months of age and older that is kept, possessed, harbored or maintained within the boundaries of the city for at least 30 days of each calendar year The amount of fees may differentiate between sterilized and unsterilized dogs (B) Durable dog tags shall be provided by the city Each dog licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the city,the number of the license and the year of issue. All dog tags shall expire 1 year from the date of issuance. The tag shall be attached to a collar or harness which shall be worn by the dog at all tunes except as otherwise provided in this article Whenever a dog tag is lost, a duplicate shall be issued upon application by the owner and a replacement fee, as established in A J C C , Vol I,Article 4-3, shall be charged. 16 (C) It is unlawful for any person to counterfeit or attempt to counterfeit an official license tag or remove such tag from any dog for the purpose of willful and malicious mischief or place a license tag upon a dog unless the tag was issued to that dog § 6-3-2 RABIES VACCINATION REQUIRED (A) Before a license is issued for any dog, the owner must present a rabies vaccination certificate signed by a veterinarian stating the owner's name and address and giving the dog's description, date of vaccination and type, manufacturer and serial number of the vaccine and date re-vaccination is due A duplicate of each rabies vaccination certificate issued shall be transmitted to the enforcement officer on or before the tenth day of the month following the month during which the dog was vaccinated No dog shall be licensed unless it is vaccinated in accordance with the provisions of this article (B) A dog vaccinated in any other place prior to entry into the city may be licensed in the city provided that at the time of licensing, the owner of such dog presents a vaccination certificate, signed by a veterinarian licensed to practice in that place or a veterinarian employed by a governmental agency in that place, stating the owner's name and address and giving the dog's description, date of vaccination and type, manufacturer and serial number of the vaccine used The vaccination must be in conformity with the provisions of this article (C) If a dog is impounded and found to be unvaccinated, the enforcement officer will cause such dog to be vaccinated at the pound at a cost to be borne by the owner The vaccination shall be performed by animal control personnel or other qualified personnel who animal control personnel have delegated such duty to, and who shall then issue a certificate of vaccination The vaccinated animal shall not be released until such time as all vaccination, care and impound fees are paid in full. § 6-3-3 RUNNING AT LARGE (A) No person owning, keeping, possessing, harboring or maintaining any dog shall allow such dog to be at large as defined in A J C C , Vol I, § 6-1-1. However, notwithstanding such limitations, a dog is deemed to be not at large under the following circumstances. (1) While such dog is restrained by a leash, chain, rope or cord of not more than 6 feet in length and of sufficient strength to control action of the dog (2) While such dog is used for control of livestock or while being used or trained for hunting or being exhibited or trained at a kennel club event or while engaged in races approved by the Arizona Racing Commission. (3) While the dog is actively engaged in dog obedience training, accompanied by and under the control of the owner or tramer, provided that the person training the dog has in their possession a dog leash of not more than 6 feet in length and of sufficient strength to control the dog, and further, the dog is actually enrolled in or has graduated from a dog obedience training school which has been approved by an enforcement officer (B) The enforcement officer shall apprehend and/or impound any dog running at large. The enforcement officer will enter private property to apprehend any dog that has been running at large Such entry shall be in a reasonable pursuit and shall not include entry into a domicile or enclosure which confines a dog except at the invitation of the occupant or owner. 17 On% § 6-3-4 IMPOUNDMENT (A) If a dog is impounded for any reason and is not already microchipped, the animal control division is hereby authorized to cause such dog to be microchipped at a cost to be borne by the owner. The microchipping shall be performed by animal control division personnel or other qualified personnel which have been delegated such duty (B) Impoundment fees together with fees for care and feeding, as established in Vol I,Article 4-3, shall be assessed for the impoundment of dogs § 6-3-5 HEARING ON DISPOSITION OF ABUSED AND VICIOUS ANIMALS An enforcement officer who has impounded an animal pursuant to this article on a showing of probable cause that the animal has been cruelly mistreated or cruelly neglected or that the animal is vicious or may be a danger to the safety of any person or other animal, may request, through the city attorney's office, a disposition hearing before the city magistrate to determine whether the animal has suffered cruel mistreatment or cruel neglect as defined in A R S § 13-2910 or is vicious as defined in A.J.0 C , Vol I, § 6-1-1 The court shall schedule the hearing within 15 business days after the request has been filed The animal will be held by the animal control division or its designee until the matter has been fully adjudicated by the municipal court, and all appellate time periods have expired. § 6-3-6 VICIOUS DOGS It is unlawful for any person to keep, harbor, allow to run at-large, or otherwise have under his or her control any vicious dog or direct or control of any vicious dog This section shall not apply to zoos, wild animal parks or animal shelters Vicious dogs may be impounded if they are found at large and may be kept impounded until there is a final disposition of any criminal complaint or payment in full of all civil sanctions imposed arising from the alleged violation of this section, provided that the criminal or civil complaint is filed within 30 days of the alleged violation date Also, in the judgment of the enforcement officer, any dog at large that is dangerous, or vicious, and poses an immediate threat to human safety that cannot be safely impounded, may be immediately disposed of in a humane manner. § 6-3-7 OWNER LIABILITY (A) Injury to any person or animal or damage to any property, by an animal while at large or under the owner's control, shall be the full responsibility of the animal owner or person responsible for the animal when such damages were inflicted (B) The owner of an animal which bites a person who is in or on a public place or lawfully in or on a private place, including the property of the owner of the animal, is liable for damages suffered by the person bitten, regardless of the former viciousness of the animal or the owner's previous knowledge of its viciousness § 6-3-8 DOGS KILLING ANIMALS, LIVESTOCK OR FOWL The provisions of A.R.S. § 3-1311 govern situations where dogs kill, wound or chase livestock, except that the same provisions also apply where dogs kill,wound or chase any animal or fowl § 6-3-9 DOG FECAL MATTER 18 Any person owning, possessing, harboring or having the care, charge, control or custody of any dog shall immediately remove and thereafter dispose of any fecal matter deposited by the dog on public or private property, unless the property owner has given prior approval to use the property for this purpose Article 6-4 Contractual Agreement Section 6-4-1 Intergovernmental agreements § 6-4-1 INTERGOVERNMENTAL AGREEMENTS Notwithstanding any provision of this chapter to the contrary, the council may contract with other agencies to enforce the provisions of this chapter Article 6-5 Confined Animals Section 6-5-1 Confined animals in motor vehicles or other places of endangerment 6-5-2 Impoundment of animals found in motor vehicles 6-5-3 Exceptions § 6-5-1 CONFINED ANIMALS IN MOTOR VEHICLES OR OTHER PLACES OF ENDANGERMENT No person having charge or custody of an animal, as owner or otherwise, shall place or confine such animal, or allow such animal to be placed or confined or to remain in a motor velucle or in such a location under such conditions or for such a period of tune as may endanger the health or well-being of such animal due to heat or cold, lack of food, drink, adequate ventilation or such other circumstances as may reasonably be expected to cause suffering, disability or death. § 6-5-2 IMPOUNDMENT OF ANIMALS FOUND IN MOTOR VEHICLES An enforcement officer who finds an animal in a motor velucle in violation of tlus article may force entry into the motor vehicle if necessary to remove the animal. The enforcement officer removing the animal shall take the animal to the animal control division or other place of safekeeping and shall, in the event the person having custody cannot be otherwise contacted, leave in a prominent place in the motor vehicle a written notice bearing the enforcement officer's name,the office and address where the animal may be claimed by the owner thereof. The animal will be surrendered to the owner if the owner claims the animal within 3 business days from the time the animal was removed from the motor vehicle and shall pay all reasonable charges that have accrued for the maintenance of the animal. The owner must also at such time of return of such animal make current all licensing and vaccinations and pay all associated fines In addition, the owner shall show proof of payment of any court fines for any citations that were issued as a result of the impoundment prior to or at the time the animal is returned to the owner 19 i /"\ § 6-5-3 EXCEPTIONS Nothing in this article shall be deemed to prohibit the transportation of horses, cattle, sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for such purpose Article 6-6 Keeping of Animals Section 6-6-1 Maintenance of property 6-6-2 Sanitary regulations 6-6-3 Enforcement § 6-6-1 MAINTENANCE OF PROPERTY (A) No person, firm or corporation shall be permitted to keep or harbor any animal in such a manner that the housing conditions shall cause insect or rodent breeding, obnoxious or offensive odors or those that constitute a public nuisance (B) All corrals, barns, enclosures or other structures used for the purpose of housing, keeping or caring for any animal or animals shall be structurally sound so as to contain such animals safely and securely § 6-6-2 SANITARY REGULATIONS (A) Manure shall be removed from any yard, corral, barn, enclosure or any other structure used for the purpose of housing, keeping or caring for an animal or livestock as often as necessary to maintain a sanitary premise that will not cause a hazard to the health of an animal or livestock Manure however may be composted or distributed evenly in a thin layer in turnouts or roundpens for purposes of dust control (B) Drinking troughs shall contain clean and fresh water and shall be provided with adequate overflow drainage and such drainage shall be controlled so as to prohibit any flow onto adjoining properties or the breeding of mosquitoes or other noxious insects. Livestock must have access to drinking water at all times (C) Manure shall not be accumulated in any place or in any manner whereby it may affect a source of drinking water or groundwater (D) Spillage and leftovers from animal feedings shall be disposed of in such a manner that insect or rodent breeding or obnoxious odors do not exist (E) Manure shall be located on the property on which the animals or livestock generating the manure are kept or harbored so as to prevent the manure from entering onto an adjoining property. Reasonable containment procedures shall take into consideration acts of nature such as rainfall and wind, as well as natural drainage courses and sloping terrain § 6-6-3 ENFORCEMENT 20 All animals shall be kept or harbored with adequate food, water and care in accordance with the provisions of this chapter. It shall be the duty of the enforcement officer to impound any animals which are maintained in such conditions in violation of this code in accordance with the provisions as contained in Vol I, Article 6-2 Article 6-7- Potbellied Pigs Section 6-7-1 Licenses and tags 6-7-2 Running at large 6-7-3 Impoundment 6-7-4 Biting pigs 6-7-5 Owner liability 6-7-6 Keeping of potbellied pigs 6-7-7 Number permitted 6-7-8 Commercial breeding prohibited § 6-7-1 LICENSES AND TAGS (A) A license shall be required, with a fee as established in A J C C, Vol I, Article 4-3, for each potbellied pig 4 months of age or over that is kept, harbored or maintained within the boundaries of the city for at least 30 calendar days of each year The license is valid for 12 months from the month of issue and shall expire if not renewed by the end of each year (B) Durable license tags shall be provided by the city. Each potbellied pig licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the city, the number of the license and the year of issue. All license tags shall expire 12 months from the month of issue The tag shall be attached to a collar or harness which shall be worn by the potbellied pig at all tunes except as may be otherwise provided in this article Whenever a license tag is lost, a duplicate tag shall be issued upon application by the owner (C) It is unlawful for any person to counterfeit or attempt to counterfeit an official license tag or remove such tag from any potbellied pig for the purpose of willful and malicious mischief or place a license tag upon a potbellied pig unless the tag was issued to that potbellied pig (D) Whenever the ownership of a potbellied pig has changed, the new owner must obtain a new license and pay the fees. (E) The Enforcement Officer shall apprehend and impound any potbellied pig found without a current valid license tag § 6-7-2 RUNNING AT LARGE (A) No person owning, keeping, possessing, harboring or maintaining any potbellied pig shall allow such potbellied pig to be at large as defined in A.J.C.0 , Vol I, § 6-1-1 subject to the permission of the public safety director pursuant to this article 21 (B) The enforcement officer shall apprehend and impound any potbellied pig running at large. § 6-7-3 IMPOUNDMENT (A) Impoundment regulations as contained in A J C C , Vol. I, Article 6-2, except those applied to livestock, shall apply to potbellied pigs (B) Impoundment fees together with fees for care and feedmg, as established in A J C C , Vol I,Article 4-3, shall be assessed for the impoundment of potbellied pigs § 6-7-4 BITING PIGS (A) Any potbellied pig properly licensed pursuant to tlus chapter that bites any person may be confined and quarantined at the home of the owner or wherever the potbellied pig is harbored and maintained with the written consent of and in a manner prescribed by the enforcement officer The potbellied pig shall not be moved or relocated unless the enforcement officer is so notified. The time for quarantine under this division shall be 10 calendar days (B) At the completion of the quarantme or impoundment period and prior to the release of the potbellied pig, the potbellied pig shall be examined by a licensed veterinarian and released only if the veterinarian determines that the potbellied pig does not exhibit signs of rabies, infection or any other dangerous, contagious and infectious diseases. (C) If it is determined that the potbellied pig is infected with rabies or other dangerous, contagious and infectious disease, it shall be the duty of the enforcement officer to destroy such potbellied pig in as humane a manner as reasonably possible Following such action or if the potbellied pig dies during the period of quarantine or impoundment, its head shall be sent to the Arizona Department of Health Services or appropriate diagnostic laboratory for examination § 6-7-5 OWNER LIABILITY (A) Injury to any person or ammal or damage to any property by a potbellied pig while at large or under the owner's control shall be the full responsibility of the owner or person responsible for the potbellied pig when such damages were inflicted (B) The owner of potbellied pig which bites a person who is in or on a public place or lawfully in or on a private place, including the property of the owner of the potbellied pig, is liable for damages suffered by the person bitten, regardless of the former viciousness of the potbellied pig or the owner's previous knowledge of its viciousness. § 6-7-6 KEEPING OF POTBELLIED PIGS The provisions of A.J.C.0 , Vol I, Article 6-6 shall be applicable to the keeping of potbellied pigs § 6-7-7 NUMBER PERMITTED No more than 3 potbellied pigs as defined in this chapter, with each animal weighing no more than 100 pounds, shall be allowed per household Potbellied pigs kept in this manner shall be considered as pets provided they are not kept for purposes of retail sales or commercial breedmg. § 6-7-8 COMMERCIAL BREEDING PROHIBITED 22 No potbellied pigs shall be kept for purposes of commercial breeding or retail sales Any potbellied pig as permitted under this chapter shall be kept only as a pet or as a show animal within the limitations of A J C C , Vol I, § 6-7-7 Article 6-8 Keeping of Swine for Special Projects Section 6-8-1 Limitations on location and quantity 6-8-2 Time limitations 6-8-3 Sanitary conditions 8-8-4 Registration required 6-8-5 Termination of project § 6-8-1 LIMITATIONS ON LOCATION AND QUANTITY The keeping of swine or pigs shall meet the requirements set forth in A J C C , Vol H, Land Development Code, Chapter 1, Zoning Ordinance, § 1-6-17,Animal Regulations, as amended § 6-8-2 TIME LIMITATIONS All swine or pigs permitted under this article shall be considered as part of a terminal market project or other similar educational project subject to the guidelines of a political subdivision of this state or an educational institution All guidelines shall specify a period of time for termination of the project All swine and pigs kept in conjunction with an educational project shall be limited to a period of time commencing November 1 and ending on March 31 of the subsequent year in conjunction with the scheduling of the Pinal County Fair. At no other time shall such swine or pigs be permitted to remain on any parcel or lot § 6-8-3 SANITARY CONDITIONS (A) All swine or pigs kept in accordance with this article shall be fed only manufactured swine feed in pellet form and shall not be fed refuse or garbage (B) The area in which such swine or pigs are harbored or maintained shall be kept clean with all manure disposed of properly and on a daily basis. No standing water or mud bog shall be permitted. Water will be provided by means of a manufactured animal activated watering system with an automatic shut-off valve to terminate water flow, such as a lixit system § 6-8-4 REGISTRATION REQUIRED All swine or pigs kept in accordance with this article shall be tagged, photographed and registered with the Animal Control Division § 6-8-5 TERMINATION OF PROJECT If any swine or pig kept in conjunction with a project as permitted by this article fails, for any reason, to fulfill the requirements as imposed by this article, the animal may be impounded Any 23 OWN animal not fulfilling the project requirements shall not be returned to the participating owners' residence or to the site at which it was previously harbored Article 6-9. Violations Section 6-9-1 Civil filings and penalties 6-9-2 Criminal filings and penalties § 6-9-1 CIVIL FILINGS AND PENALTIES Except as otherwise noted, any violation of this chapter shall be handled as a civil offense and shall be filed in the municipal court in the same manner as civil property maintenance violations pursuant to A J C C , Vol I, § 9-1-4(D) Appeals shall be handled in the same manner pursuant to A.J.C.C., Vol. I, § 9-1-4 (E) The fines noted below are the exact fines that a judge shall impose, which shall not be decreased, increased, or exchanged for community restitution or other penalties. The court may impose additional penalties to include court fees,but shall not substitute such fees for the base fines referenced as follows- First violation Fine of $250 Second violation of same code provision occurring within 24 months of first Fine of violation $500 Third violation of same code provision occurring within 24 months of first Fine of violation $750 § 6-9-2 CRIMINAL FILINGS AND PENALTIES A fourth violation of the same code provision in this chapter occurring within 24 months of the first violation shall be filed in the criminal division of the municipal court as a Class 1 misdemeanor by the city attorney's office, which minimum fine shall be $1,000 and a maximum fine of$2,500, a maximum of 36 months probation, a maximum of 6 months jail time, and other provisions which the court has jurisdiction to impose, such as applicable court-unposed penalties, assessments, an order for forfeiture and destruction of an animal, and other court or probation fees The judge shall treat subsequent and successive civil judgments as in the same manner criminal prior convictions are concerned insofar as the elevated fines noted above are to be applied The judge has no discretion to lower these successive fines However, violations of the following code provisions, whenever committed, single incident or repetitive, shall always be handled as criminal class 1 misdemeanors with the above-noted mmunum class 1 misdemeanor penalties 6-1-11 Cruelty,neglect and abandonment 6-2-7 Impeding Enforcement Officer 24 6-2-10 Biting anunals, quarantine 6-3-6 Vicious dogs 25 ROLL CALL VOTE NOTES ITEM # MEETING OF MOTION BY: SECONDED BY: ES NO ABSTAINED COUNCILMEMBER W ILSON COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER RIZZI VICE MAYOR BARKER COUNCLMEMBEREVANS MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ROLL CALL VOTE NOTES: f ITEM # MEETING OF MOTION BY: SECONDED BY: c"-7 YES NO ABSTAINED COUNCILMEMBER EVANS VICE MAYOR BARKER COUNCILMEMBER RIZZI COUNCILMEMBER WALDRON COUNCILMEMBER SERDY COUNCILMEMBER WILSON MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL .... ITEM NO. 15 I MOVE THAT ORDINANCE NO. 1414 BE READ BY TITLE ONLY AND THE READING OF THE ENTIRE ORDINANCE BE WAIVED (Call upon the city clerk to read Ordinance No 1414 by title only Majority vote required.) I MOVE THAT ORDINANCE NO. 1414, AS READ BY THE CITY CLERK, (BE APPROVED AND ADOPTED) OR(BE DENIED) I MOVE THAT ORDINANCE NO. 1414, AS READ BY THE CITY CLERK, BE APPROVED AND ADOPTED WITH THE FOLLOWING AMENDMENTS. 140*1 Idol. per, City of Apache Junction Arizona 300 E Superstition (� Boulevard _ Agenda Item Cover Sheet Apache Junction Az 85119 / y ` Agenda Item No. 16. File ID: 15-205 Sponsor. Kathy Connelly Agenda Date-6/16/2015 Index. Local/State/Federal Statutory Requirement In Control- City Council Meeting Consideration of Intergovernmental agreement with Arizona Department of Revenue for the uniform administration of the transaction privilege (sales) tax as required by A R S Title 42, Section 6001 This proposed intergovernmental agreement will become effective July 1, 2015 It covers changes made necessary by the state tax simplification process and is intended to provide uniform administration procedures Attachments- City of Apache Junction,Arizona Page 1 Punted on 611012015 INTERGOVERNMENTAL AGREEMENT BETWEEN THE STATE OF ARIZONA AND THE CITY/TOWN OF THIS AGREEMENT is entered into this day of , 2015, by and between the Arizona Department of Revenue, hereinafter referred to as Department, and the City/Town of , an Arizona municipal corporation, hereinafter referred to as City/Town. This Agreement shall supersede and replace all previous intergovernmental agreements, including amendments thereto, entered into by the Department and City/Town regarding the administration, collection, audit and/or licensing of transaction privilege tax, use tax, severance tax,jet fuel excise and use taxes and rental occupancy taxes imposed by the State, cities or towns. RECITALS WHEREAS, Title 11, Chapter 7, Article 3 (A.R.S. § 11-952) authorizes two or more public agencies to enter into intergovernmental agreements to contract for services, if authorized by their legislative or governing bodies WHEREAS, A.R.S § 42-6001 et seq. was amended effective January 1, 2015 to provide that the Department shall collect and administer any transaction privilege and affiliated excise taxes imposed by any city or town in Arizona and that the Department and each city or town shall enter into an intergovernmental contract or agreement pursuant to A.R.S. § 11-952 to provide a uniform method of administration, collection, audit and licensing of transaction privilege and affiliated excise taxes imposed by the State, cities or towns WHEREAS, City/Town has taken appropriate action by ordinance, resolution or otherwise, pursuant to the laws applicable to the governing body of City/Town, to approve and authorize City/Town to enter into this Agreement Avftk AGREEMENT NOW, THEREFORE, in consideration of the foregoing, the Department and City/Town enter into this intergovernmental agreement as follows: 1. Definitions 1.1 A.R.S. means the Arizona Revised Statutes. 1.2 Adoption of an Ordinance means final approval by majority vote of the City/Town council 1.3 Audit means a review to determine the correct amount of tax owed by a taxpayer and includes, but is not limited to, desk reviews and reviews of claims for refund 1.4 Closing Agreement means an agreement to compromise or settle a tax liability 1 DRAFT 1GA 5-20-2015 .WNI AAML 1.5 Confidential Information means all such information as defined in A.R S § 42- 2001 1.6 Confidentiality Standards means the standards set forth in Appendix A or such other written standards mutually agreed to by the Department and City/Town 1.7 Federal Tax Information means federal return or return information the Department receives from the Internal Revenue Service including any information created by the Department derived from that information Documents obtained from a taxpayer or State records are not considered Federal Tax Information. 1.8 Model City Tax Code means the document defined in A.R.S. § 42-6051 The official copy of the Model City Tax Code is published at mode lcitytaxcode az gov. 1.9 Modification means a change to an assessment required or authorized by statute 1.10 Municipal Tax(es) means transaction privilege and affiliated excise taxes, including use tax, severance tax, jet fuel excise and use tax, and rental occupancy tax, imposed by City/Town in accordance with the Model City Tax Code. Unless the context provides otherwise, this definition includes tax, license fees, penalties, interest and other similar charges. 1.11 State means the State of Arizona. 1.12 State and Local Uniformity Group ("SLUG") means an advisory group comprised of four representatives from municipal taxing jurisdictions and four representatives of the Department as set forth in Section 13 below. 1.13 Taxpayer Information means information protected from disclosure pursuant to Model City Tax Code § 510. 2. Disclosure of Information by City/Town to Department "' 2.1 Qualified Recipients of Information: The Department shall provide a list of the names and job titles of Department employees authorized to request and receive Taxpayer Information from City/Town The Department shall inform City/Town of any additions, deletions or changes to this list within fifteen calendar days after the change occurs and shall provide an updated list at least annually. This information shall be sent via email to City/Town at . The City/Town will not disclose Taxpayer Information to a Department employee whose name is not included on this list. City/Town may contact the Department with any questions related to qualified recipients by contacting the Cities Unit at CitiesUnit@azdor gov 2.2 Use of Information: Any Taxpayer Information released by City/Town to the Department may only be used by the Department for tax administration and collection purposes, and may not be disclosed to the public in any manner that does not comply with the Model City Tax Code All Taxpayer Information shall be stored and destroyed in accordance with the Confidentiality Standards 2 DRAFT IGA 5-20-2015 2.3 Municipal Ordinance: (a) City/Town shall provide the Department with a copy of its Municipal Tax code or any City/Town ordinances imposing the taxes to be collected hereunder within ten calendar days of a request for such information from the Department This information shall be sent via email to the Cities Unit at CitiesUnit(2azdongov. (b) City/Town shall provide the Department with a copy of any ordinance adopted by City/Town after execution of this Agreement that imposes or modifies the Municipal Taxes to be collected hereunder, including a new or different tax rate as defined by A.R.S. § 42-6053(E), within ten calendar days of Adoption of an Ordinance. This information shall be sent via email to the Cities Unit at CitiesUmt@azdor. ov No such ordinance shall take effect on a date other than the first day of the month that is at least sixty calendar days after city/town provides notice to the Department unless City/Town and the Department agree otherwise. The Department shall add the change to the official copy of the Model City Tax Code within ten business days of receipt of notice from City/Town City/Town is responsible for confirming the change has been made Pursuant to A.R.S. § 42-6053(E)(2), changes in tax rates have no effect unless reflected in the official copy of the Model City Tax Code (c) Within fifteen calendar days following the adoption of an annexation ordinance, one copy of the ordinance and notification of the effective date of such ordinance shall be sent to the Department via email at GIS(?azdor g_ov City/Town shall also include with the notice a list of businesses City/Town knows to be located in the annexed area. The Department shall not be obligated to begin collection of Municipal Tax any sooner than the first day of the month that is at least sixty calendar days after the date the Department received notice from City/Town of the annexation 2.4 Development and Impact Fees: Upon request, City/Town shall provide to the Department any information regarding development and impact fees to assist the Department with the auditing of taxpayers and billing and collection of taxes 2.5 Audits: Upon request by the Department, City/Town shall allow inspections and copies of any City/Town tax audits. 2.6 Other Information: City/Town shall also provide other relevant information necessary for tax administration and collection purposes as requested by the Department 2.7 Statutory Authority: The disclosure of confidential City/Town tax information is governed by Model City Tax Code Section 510. 3 DRAFT IGA 5-20-2015 dook 3. Disclosure of Information by Department to City/Town. 3.1 Qualified Recipients of Information: City/Town shall provide a list of the names and job titles of City/Town employees and any independent auditors acting on behalf of City/Town authorized to receive Confidential Information. City/Town shall inform the Department of any additions, deletions or changes to this list within fifteen calendar days after the change occurs and shall provide an updated list at least annually This information shall be sent via email to the Cities Unit at CitiesUnitna,azdor gov. The Department will not disclose any Confidential Information to a City/Town employee or independent auditor whose name is not included on this list. The Department may contact City/Town with any questions related to qualified recipients by contacting 3.2 Suspension of Information: The Department will not withhold Confidential Information from City/Town so long as City/Town complies with A.R.S. § 42-2001 et seq. and the Confidentiality Standards. (a) If the Department has information to suggest City/Town, or any of its duly authorized representatives, has violated A R S § 42-2001 or the Confidentiality Standards, the Department will send written notice to City/Town detailing the alleged breach as understood by the Department and requesting a response to the allegation within twenty calendar days of the date of the letter (b) The Department will review the written response from City/Town and consider the information contained therein and all relevant circumstances surrounding the alleged violation before making a written determination as to whether a suspension of information is warranted and the length of the suspension. (c) If City/Town is dissatisfied with the Department's determination it may within ten calendar days, submit a written request to SLUG requesting the group ..k review the determination (d) If the Department has information to suggest City/Town has violated the Confidentiality Standards, the Department may inspect City/Town's records, facilities, and equipment to confirm whether there has been a violation. 3.3 Information to be Provided: Within the restrictions outlined in this Section, the Department shall provide all of the information detailed in Appendix B, which may be modified by the mutal agreement of the parties The Department shall not provide Federal Tax Information to City/Town. In addition to the information detailed in Appendix B, City/Town may obtain upon request: (a) Inspections and/or copies of Department tax audits, including all information related to all cities and towns included in the tax audit; and 4 DRAFT IGA 5-20-2015 (b) Other relevant information necessary for tax administration and collection purposes, including all information necessary to verify City/Town received all revenues collected by the Department on behalf of City/Town. 3.4 Storage and Destruction of Confidential Information: All Confidential Information provided by the Department to City/Town shall be stored, protected, and destroyed in accordance with the Confidentiality Standards 3.5 Statutory Authority: The Department may disclose Confidential Information to City/Town pursuant to A R S § 42-2003(H) if the information relates to a taxpayer who is or may be taxable by a county, city or town Any Confidential Information released to City/Town- (a) May only be used for internal tax administration purposes as defined in A.R.S. § 42-2001(4); and (b) May not be disclosed to the public in any manner that does not comply with the Confidentiality Standards A R S. § 42-2003(H)(2) provides that any release of Confidential Information that violates the Confidentiality Standards will result in the immediate suspension of any rights of City/Town to receive taxpayer information pursuant to A R S § 42- 2003(H) 3.6 Specificity of Data: A R S § 42-6001 provides that taxpayers shall file and pay Municipal Taxes to the Department if the Department has developed the electronic and nonelectronic tools necessary to capture data with sufficient specificity to meet the needs of all taxing jurisdictions, including specific data regarding each tax classification and any corresponding deductions at each business location of the taxpayer Pursuant to A.R.S. § 42-5015, the electronic system utilized by the Department must be able to capture data with sufficient specificity to meet the needs of the taxing jurisdiction. The Department and City/Town agree that JT2 and TPT2 (as summarized in Appendix C)are required to meet the specificity needs of City/Town. (a)Non-Program City/Town: If City/Town performed its own Municipal Tax administration, collection, and licensing prior to July 1, 2015, then if the Department is unable to commit by September 1, 2015 that the data detail behind the JT2 and TPT2 will be provided to City/Town beginning and from January 1, 2016, the following shall take place- (1) The term of the agreement entered into by the Department and City/Town pertaining to City/Town performing municipal licensing services on behalf of the Department shall be extended for one (1) year; and (2) All provisions in this Agreement pertaining to the administration, collection, and licensing of Municipal Taxes shall not go into effect until such time as the Department is able to meet the requirements of A.R.S. § 42-6001 and 5 DRAFT IGA 5-20-2015 ... .ak A R.S. § 42-5015, however all language to this Agreement related to audit functions shall remain in full force and effect. (b) Program Cities/Towns: If the Department performed Municipal Tax administration, collection and licensing for City/Town prior to July 1, 2015, then if the Department is unable to commit by September 1, 2015 that the data detail behind the JT2 and TPT2 will be provided to City/Town beginning and .-NW from January 1,2016, the Department will contintinue to perform those functions The continued provision of such service, however, shall not be deemed waiver of any legal rights or remedies afforded to City/Town including, but not limited to, a failure to meet the requirements of A.R.S. § 42-6001 and A.R.S. § 42-5015. 4. Audit. The Department shall administer the audit functions for City/Town in accordance with the following provisions. 4.1 Training- All auditors and supervisors shall be trained in accordance with the policies of the Department Auditors who have not completed the training may only work in connection with a trained auditor and cannot be the only auditor assigned to the audit. The Department shall: (a) Provide audit training at least three times per year, or more frequently if there is a demonstrated need, and be responsible for its costs of the training and any associated materials; (b) Provide additional training when practical, (c) Notify City/Town of any training sessions at least thirty calendar days before the date of the training session; (d) Provide copies of State tax statutes, audit reference materials and audit procedures and manuals; (e) Permit City/Town auditors and supervisors to attend any scheduled training as space permits at designated training location, and (f) Provide additional training as needed to inform auditors and supervisors regarding changes in State law or Department policy. 4.2 Conflict of Interest: An auditor or supervisor trained and authorized to conduct an audit may not conduct any of the following prohibited acts- (a) Represent a taxpayer In any tax matter against the Department or City/Town while employed or in an independent contractor relationship with the Department or City/Town (b) Attempt to use his/her official position to secure any valuable thing or valuable benefit for himself/herself or his/her family members 6 DRAFT IGA 5-20-2015 (c) Represent a taxpayer before the Department or City/Town concerning any matter in which he/she personally participated for a period of one year after he/she ends employment or the independent contractor relationship with the Department or City/Town. (d) Use information he/she acquires in the course of the official duties as an auditor or supervisor in a manner inconsistent with his/her official duties without prior written approval from the Department (e) For a period of one year after he/she ends employment or an independent contractor relationship with the Department or City/Town, work in the same firm as a person who represents a taxpayer against the Department or City/Town unless the firm institutes formal barriers to prevent any sharing of information between the trained auditor or supervisor and the remainder of the firm. The Department may revoke an mdividual's authority to audit and prohibit the use of any auditor or supervisor who violates this provision 4.3 Audits and Refunds: (a) City/Town may conduct an audit of a taxpayer engaged in business only in City/Town Before commencing such audit, City/Town shall notify the Department to ensure the taxpayer is not already scheduled for an audit. The Department will provide City/Town with a written response within fifteen calendar days of the notice from City/Town. (b) Except as permitted below, the Department shall conduct all audits of taxpayers having locations in two or more cities or towns. A City/Town auditor may participate in any audit City/Town requested the Department to perform (c) City/Town shall notify the Department if it wants an audit of a taxpayer having locations in two or more Arizona cities or towns and whose primary business activity is in the following business classifications taxable by City/Town, but not a taxable activity under State law. 1 Residential rentals, 2 Commercial rentals; 3 Speculative Builders, or 4 Advertising. The Department will authorize such audits, to be overseen by the Department, unless there is already an audit of the taxpayer scheduled, or the Department determines the audit selection is discriminatory, an abuse of process or poses other similar defects. The Department will notify City/Town of its determination within thirty calendar days. No initial audit contact may occur DRAFT IGA 5-20-2015 between City/Town and a taxpayer until the Department approves the audit notice (d) City/Town may request the Department conduct an audit of a taxpayer having locations in two or more Arizona cities or towns and whose primary business is subject to both city and state tax. The request must be made using the Department's audit request form. Copies of the form can be obtained from the Department's TPT Hub Unit at HubUnit(@azdor gov The Department shall notify City/Town of the decision regarding the request within thirty calendar days of receipt of the request. (e) The Department may deny a request for an audit for the following reasons• 1. An audit is already scheduled or planned for the taxpayer within six months of the request; 2 The requested audit would interfere with strategic tax administration planning, 3. The audit selection is discriminatory, an abuse of process or poses other similar defects; 4 The request lacks sufficient information for the Department to determine whether it is appropriate, 5. The Taxpayer was audited within the previous two years, 6 The Department lacks sufficient resources to conduct the audit; or 7. The scope or subject of the audit does not justify the use of Department resources. (f) If the Department denies a request to conduct an audit because it either lacks resources to conduct the audit itself or the scope or subject of the audit does not justify the use of Department resources then City/Town shall notify the Department if it wants to conduct the audit under the supervision of the Department No initial audit contact may occur between City/Town and a taxpayer until the Department appoints someone to supervise the audit. (g) Any decision by the Department denying City/Town's request to conduct any audit may be referred to SLUG in accordance with Section 13 of this Agreement. (h) All audits conducted by City/Town shall be in accordance with standard audit procedures defined in the Department audit manual All auditors shall be trained in accordance with Section 4 1 above. (i) The Department may appoint a manager to supervise any audit conducted by City/Town. 8 DRAFT IGA 5-20-2015 (1) All audits shall include all taxing jurisdictions in the State regardless of which jurisdiction's auditors participate in the audit All desk reviews must include all taxing jurisdictions for which there is information available. (k) The Department shall issue all audit assessments on behalf of all taxing jurisdictions in a single notice to the taxpayer. (1) The Department shall issue Modifications to audit assessments on behalf of all taxing jurisdictions in a single notice to the taxpayer 4.4 Claims for Refund: (a) When a taxpayer files a request for refund, including refunds requested by filing amended returns, the Department shall process the request and review it for mathematical errors or for the failure of the taxpayer to properly compute the tax based on the taxable income reported on the return or refund request (b) The Department will notify City/Town of all refund requests that are processed involving City/Town's Municipal Taxes within thirty calendar days of processing the refund. City/Town may request an audit of the taxpayer as set forth in Section 4.3 above (c) The Department may assign an auditor to review requests for refunds The Department will notify City/Town, within thirty calendar days of initiating a review, of all refunds under review by an auditor pertaining to a taxpayer who engages in business within City/Town's taxing jurisdiction and may request that City/Town assign an auditor to assist with such reviews. (d) City/Town is responsible for payment of all amounts to be refunded to taxpayers for Municipal Tax incorrectly paid to City/Town. The Department may offset a remittance to City/Town under this Agreement to cover the amounts of allowed refunds If there are insufficient funds available to pay the refund, City/Town must pay the Department within sixty days of written demand from the Department. (e) The Department shall issue refund approvals/denials on behalf of all taxing jurisdictions in a single notice to the taxpayer. City/Town may request copies of such determinations 4.5 Protests: Taxpayer protests of audit assessments and desk review assessments and refund denials shall be directed to the Department. Appeals of audit assessments, desk review assessments and refund denials shall be administered pursuant to Title 42, Chapter 1, Article 6, Arizona Revised Statues. Upon request, the Department shall notify City/Town of any appeals within 30 days of receipt of the protest. 9 DRAFT IGA 5-20-2015 AM. 4.6 Notice of Resolution: The Department shall notify City/Town when a protest is resolved, including information concerning the resolution of the protest, within 30 days after the resolution of a protest 4.7 Status Reports: The Department shall keep SLUG apprised of the status of each protested matter involving the imposition of Municipal Taxes. City/Town may request to be on a distribution list for monthly status reports by contacting the Department's Cities Unit. 5. Voluntary Disclosure Aereements The Department may enter into a voluntary disclosure agreement with a taxpayer. A voluntary disclosure agreement may limit the years subject to audit and waive penalties. City/Town may request to be kept informed of voluntary disclosure agreements involving City/Town Municipal Tax If City/Town makes that request, the Department will notify City/Town of the Department's intent to enter into an agreement and the Department will provide the taxpayer's identity within thirty calendar days of disclosure. City/Town may request an audit of a taxpayer subject to a voluntary disclosure agreement pursuant to Section 4.3 above. 6. License Compliance 6.1 License Issuance and Renewal: The Department shall issue new Municipal Tax licenses and renew such licenses for City/Town Municipal Tax The Department of Revenue shall provide City/Town with information about all persons obtaining and renewing tax licenses as set forth in Appendix B. 6.2 License Checks: The Department and City/Town shall coordinate efforts to conduct tax license compliance checks through canvassing and other compliance methods. 6.3 Confidentiality: Any tax license information City/Town obtains from the Department is considered Confidential Information and may only be disclosed as authorized by A R S. § 42-2003 Any tax license information City/Town obtains through its own efforts may be disclosed as allowed by applicable City/Town laws. 6.4 Changes to License Fees: Within fifteen calendar days following the Adoption of an Ordinance(or official acknowledgment of approval of an ordinance by voters in an election of a charter city) issuing or modifying a tax license fee, one copy of the ordinance and notification of the effective date of such ordinance shall be sent to the Department via email at CitiesUnit@,azdor og_v The Department shall not be obligated to begin collection of the new or modified fee any sooner than sixty calendar days after the date the Department received the ordinance from City/Town. Notice of an ordinance concerning a renewal tax license fee must be received by the Department by July 31 in order to be collected the following calendar year 10 DRAFT IGA 5-20.2015 7. Closing Agreements 7.1 Approval - The Department shall notify City/Town before entering into a Closing Agreement related to the tax levied and imposed by City/Town The Department shall seek approval from either City/Town or SLUG before entering into such Closing Agreement If the Closing Agreement concerns only City/Town, then the •-• Department will attempt to obtain approval from City/Town first, and will only seek approval from SLUG if City/Town is unresponsive or the Department and City/Town cannot reach an agreement. Approval and notice is not required for Modifications of assessments 7.2 Litigation - During the course of litigation, the Department shall seek a range of settlement authority from City/Town or SLUG, unless the circumstances prevent such action The Department may also request a telephonic meeting of SLUG if time and circumstances require immediate action. 8. Responsibility for Representation in Litigation. 8.1 Administrative Proceedings: The Department shall be responsible for coordinating the litigation and defending the assessment or refund denial in any administrative appeals before the Office of Administrative Hearings or the Director of the Department regardless of who conducted the audit The Department shall be reasonably diligent in defending the interests of City/Town and City/Town shall assist in such representation as may be requested by the Department. 8.2 Further Appeals The Arizona Attorney General is responsible for defending the assessment or refund denial at the Board of Tax Appeals, the Arizona Tax Court and all higher courts. City/Town shall assist the Attorney General in such Aomft representation and litigation as requested by the Attorney General's Office 8.3 Mutual Cooperation- The Department and City/Town agree they shall cooperate in the appeal and litigation processes and shall ensure their auditors, supervisors, and other necessary employees are available to assist the Department and the Attorney General for informal interviews, providing documents and computer records, preparing for depositions, attending depositions and trial as witnesses, and assisting in trial/hearing preparation as needed. 8.4 Administrative Decisions: The Department shall provide a copy of any and all administrative hearing level decisions, including Director's decisions issued by the Department to all jurisdictions on a distribution list. City/Town may request to be on the distribution list by contacting the Department's Cities Unit. Administrative decisions are Confidential Information and must be stored and destroyed in accordance with the Confidentiality Standards it DRAFT IGA 5-20-2015 9. Collection of Municipal Taxes 9.1 Tax Returns: Taxpayers who are subject to City/Town Municipal Taxes shall pay such taxes to the Department. Tax payments shall be accompanied by a return prepared by taxpayer on a form prescribed by the Department. 9.2 Collection: The Department shall collect any Municipal Tax imposed by City/Town recorded on the Department's tax accounting system. Amounts the Department collects for delinquent City/Town Municipal Tax accounts after the termination of this Agreement shall be forwarded to City/Town 9.3 Remittance: All amounts collected by the Department for Municipal Taxes under this Agreement shall be remitted to City/Town weekly on the basis of actual collections. The Department shall initiate the electronic payment by noon on the Monday after the end of the week in which the collections were made Remittance shall be made in the form of immediately available funds transferred electronically to the bank account designated by City/Town 9.4 Abatement: The Department, with the approval of the Attorney General, may abate tax under certain circumstances. During the ordinary course of business, the Department may determine for various reasons that certain accounts shall be closed or cancelled The Department shall seek input from City/Town or SLUG before abating tax or closing accounts The Department may request a telephonic meeting of SLUG if time and circumstances require immediate action 9.5 Funds Owed to City/Town: At all times and under all circumstances payments remitted by a taxpayer to the Department for City/Town Municipal Taxes will be considered property of City/Town The Department may not retain or fail to remit such funds to City/Town for any reason not specifically set forth in this Agreement including, but not limited to, during the course of a dispute between City/Town Aamk and the Department. 10. Financine Collection of Taxes. The costs incurred by the Department in administering this Agreement shall be financed through the State general fund appropriation to the Department. 11. Inter-Jurisdictional Transfers. All inter jurisdictional transfers of Municipal Tax monies by the Department shall be handled in the following manner• 11.1 Requests: Requests for inter jurisdictional transfers shall be made to the Department. The Department will review the request and will not automatically accept the request. 12 DRAFT IGA 5-20-2015 11.2 Notice: The Department shall notify City/Town and any other city or town implicated in the requested transfer a minimum of thirty calendar days prior to any inter-jurisdictional transfer of money 11.3 Dispute Resolution: Any city or town subject to an inter jurisdictional transfer shall resolve any dispute over the allocation of the tax in accordance with A.R.S. § 42-6003 and the Department shall transfer the funds subject to an inter- jurisdictional transfer in accordance with the agreed upon allocation in a timely manner. 12. Educational Outreach. City/Town may conduct, at its own expense, educational outreach to taxpayers who are conducting business activities within City/Town's taxing jurisdiction concerning the Model City Tax Code and the collection and administration of Municipal Taxes. Educational outreach shall be consistent with applicable law and Department written guidance. Upon request, City/Town shall provide information to the Department concerning such educational outreach efforts 13. SLUG. The Department shall create an advisory group to help resolve issues 13.1 Members- The members shall consist of four seats representing municipal taxing jurisdictions and four seats representing the Department Member seats may be split so some people fill the position for only certain issues, such as audit selection or collection abatement. There shall also be a list of alternate members, who may be asked by a regular member who is unable to attend a meeting to take that member's place at a SLUG meeting. 13.2 Selection The Director of the Department shall appoint people to serve as members of SLUG Municipal taxing jurisdictions shall nominate members from municipal taxing jurisdictions. All members shall serve for a period of one year unless they resign at an earlier date Members may be appointed to serve consecutive terms Members appointed to fill vacancies shall serve for the time remaining on the term. 13.3 Meetings- SLUG shall meet on a regular basis and at least monthly unless the members agree to cancel the meetings due to a lack of agenda items. It can schedule additional meetings as necessary to timely discuss issues presented. Alternate members may attend meetings, but cannot participate in any discussion or voting, unless filling the seat of a regular member. 13.4 Issues: City/Town may refer issues to SLUG involving the following. _3 DRAFT IGA 5-20-2015 (a) Decisions by the Department to not audit a taxpayer; (b) Amendments to Department audit procedures or manuals, (c) Closing Agreements or a range of settlement authority, (d) Abatement or account closure in collections; (e) Suspension of disclosure of information from the Department; and (f) Other issues as authorized by the Director of the Department or agreed upon by the parties 13.5 Recommendations SLUG shall make recommendations to the Director of the Department If the recommendation is approved by at least five members of SLUG, the Director will accept the recommendation of SLUG. If SLUG cannot reach a recommendation agreeable to at least five members of the group, the Director may act as he deems to be in the best interests of all parties 13.6 Voting• Voting shall be by secret ballot. 13.7 Procedures: SLUG may develop procedures concerning the operation of the group as long as they are not inconsistent with this Agreement. 14. Fundina of Additional Auditors by City/Town. 14.1 Funding. At the sole discretion of City/Town, City/Town may contribute funding to the Department to pay for additional auditors to assist the Department In the performance of audits of Municipal Tax owed to City/Town. Such additional auditors funded by City/Town shall at all times be deemed to be employees of the Department and under no circumstances shall be deemed to be employees or agents of City/Town. It is the parties' intention that City/Town funding be used to increase the capabilities of the Department to perform Municipal Tax audits and not to subsidize or replace State funding required for audit and collection of taxes 14.2 Use of Funds: City/Town funding for additional auditors under this Section shall be used to fund the auditors' salaries and employee related expenses and shall not be used to pay for Department office space, utilities, equipment, supplies, or similar kinds of overhead. 14.3 Pool of Funds: The Department may pool any City/Town funding with any other similar funding provided by other municipal taxing jurisdictions to pay for additional auditors The Department shall separately account for such funds in its annual budget 14 DRAFT IGA 5-20-2015 14.4 Accounting: The Department shall provide an annual accounting to City/Town, by August 31 each year describing how City/Town funding was used during the prior fiscal year 15. Satellite Offices for Department Auditors. 15.1 Funding: City/Town, at its own expense and at its sole discretion, may provide one or more satellite offices and associated amenities for use by Department employees to provide audit and/or customer service to taxpayers Use of such facilities by Department employees shall be at the sole discretion of the Department. Nothing in this section shall require the Department to make use of such facilities provided by City/Town. 15.2 Requirements: Any Department employee using a City/Town satellite office must meet reasonable requirements of City/Town related to the use of the facility City/Town shall be responsible for notifying the Department of any concerns, and the Department shall be responsible for taking appropriate actions to resolve those concerns. 15.3 Termination: Once a satellite office is established, City/Town shall provide at least 180 calendar days written notice to the Department prior to the termination or relocation of a satellite office The Department may discontinue the use of a satellite office at any time upon notice to City/Town and shall promptly remove all Department property. 15.4 License: All requirements of City/Town and the Department related to the satellite office shall be outlined in a mutually acceptable form of license and subject to separate approval 16. Non-availability of Funds. Every payment obligation of the Department and the City/Town pursuant to this Agreement is conditioned upon the availability of funds appropriated or allocated for the payment of such obligation, except for the rendering of funds to City/Town paid by a taxpayer for Municipal Taxes or tax license fees of City/Town. If funds are not appropriated, allocated and available or if the appropriation is changed resulting in funds no longer being available for the continuance of this Agreement, this Agreement may be terminated at the end of the period for which funds are available. No liability shall accrue to the State in the event this provision is exercised, and the State shall not be obligated or liable for any future payments or for any damages as a result of termination under this Section The termination of this Agreement shall not entitle the Department to retain any Municipal Tax collected on behalf of City/Town pursuant to this Agreement. 15 DRAFT IGA 5-20-2015 AA 17. Waiver. Nothing in this Agreement should be interpreted as City/Town relinquishing its legal rights under the Arizona Constitution or other applicable law, nor that City/Town is conceding the administration and collection of its Municipal Tax is not of a local interest or should not be under local control 18. Cancellation The requirements of A R S § 38-511 apply to this Agreement. The Department or City/Town may cancel this Agreement, without penalty or further obligation, if any person significantly involved in initiating, negotiating, securing, drafting or creating this Agreement on behalf of the Department or City/Town is, at any time while this Agreement or any extension is in effect, an employee, agent or consultant of the other party with respect to the subject matter of this Agreement. 19. Notice. (a) When any Notice to City/Town is required under the terms of this Agreement, such Notice shall be mailed to City/Town at the following address, directed to the attention of- (b) When any Notice to the Department is required under the terms of this Agreement, such Notice shall be mailed to. Arizona Department of Revenue Attn• Director, Division Code 20 1600 W Monroe Phoenix,AZ 85007 Notice to the Department's Hub Unit or City Unit may be mailed to. Arizona Department of Revenue Division Code 16 1600 W. Monroe Phoenix,AZ 85007 16 DRAFT 1GA 5-20-2015 20. Non-discrimination. The Department and City/Town shall comply with Executive Order 2009-9, which mandates all persons, regardless of race, color, religion, sex, age, or national origin, shall have equal access to employment opportunities, and all other applicable State and Federal employment laws, rules, and regulations, including the Americans with Disabilities Act The Department and City/Town shall take affirmative action to ensure applicants for employment and employees are not discriminated against due to race, creed, color, religion, sex, national origin or disability. 21. Compliance with Immieration Laws and A.R.S. & 41-4401. 21.1 The Department and City/Town shall comply with all Federal immigration laws and regulations relating to employees and warrants compliance with A.R.S. § 23- 214(A) which reads in part: "After December 31, 2007, every employer, after hiring an employee, shall verify the employment eligibility of the employee through the e-verify program." 21.2 A breach of compliance with immigration laws and regulations shall be deemed a material breach of this Agreement and may be grounds for the immediate termination of this Agreement 21.3 The Department and City/Town retain the legal right to inspect the papers of any employee who works on the Agreement to ensure the Department and City/Town is complying with the applicable Federal immigration laws and regulations and State statutes as set forth above 22. Audit of Records. City/Town and the Department shall retain all data, books, and other records("Records") relating to this Agreement for at least six (6) years (a) after termination of this Agreement, and (b) following each annual renewal thereof All Records shall be subject to inspection by audit by the State at reasonable times Upon request, the Department and City/Town shall produce any or all such records This Agreement is subject to A.R.S. §§ 35-214 and-215 23. Amendments. Any amendments to or modifications of this Agreement must be executed in writing in accordance with the provisions of this Agreement. 24. Mutual Cooperation. In the event of a disagreement between the parties with regard to the terms, provisions and requirements of this Agreement or in the event of the occurrence of any circumstances bearing 17 DRAFT IGA 5-20-2015 .+,. AML upon or affecting this Agreement, parties hereby agree to mutually cooperate in order to resolve the said disagreement or deal with the said circumstance. 25. Arbitration. To the extent required by A.R.S. § 12-1518(B) and as provided for in A.R.S § 12-133, the parties '� agree to resolve any dispute arising out of this Agreement by arbitration The parties agree that any lawsuit filed by City/Town relating to the issues outlined in Section 17 of this Agreement is not considered to be a dispute arising out of this Agreement. 26. Implementation. The implementation and execution of the provisions of this Agreement shall be the responsibility of the Director of the Department or his representative and the Mayor his/her designee, or another party with designated authority pursuant to applicable law or City/Town charter on behalf of City/Town. 27. Limitations. Nothing in this Agreement shall be construed as limiting or expanding the statutory responsibilities of the parties in performing functions beyond those granted to them by law, or as requiring the parties to expend any sum in excess of their appropriations 28. Duration. 28.1 The term of this Agreement shall be from July 1, 2015 through June 30, 2016 ,^ This Agreement shall automatically be renewed for successive one year terms thereafter unless either party shall terminate this Agreement by notice, in writing, no later than sixty calendar days prior to the expiration of the term then in effect. 28.2 If State legislation enacted subsequent to the date of this Agreement substantially affects the performance of this Agreement by either party or substantially diminishes the benefits either party would receive under this Agreement, either party may then terminate this Agreement by giving at least thirty calendar days' notice to the other party The termination will become effective immediately upon the expiration of the notice period unless otherwise agreed to by the parties 283 Notwithstanding any provision to the contrary herein, both parties may by mutual agreement provide for the termination of this contract upon such terms and at such time as is mutually agreeable to them. 28.4 Any notice of termination shall be mailed and served on the other party in accordance with Section 19 of this Agreement 18 DRAFT IGA 5-20-2015 28.5 During the term of this Agreement, the terms and conditions of this Agreement will undergo an annual review to be completed no later than March 1" of each year The review will be performed by a committee made up of equal parts representatives of the Department and representatives of the municipal taxing jurisdictions entering into an IGA with the Department for the administration and collection of Municipal Taxes. .� 29. Choice of Law. The laws and regulations of the State of Arizona shall govern the rights of the parties, the performance of this Agreement, and any disputes arising from this Agreement. 30. Entire Aereement. This document, including other documents referred herein, and any approved subcontracts, amendments and modifications made thereto, shall constitute the entire Agreement between the parties and shall supersede all other understandings, oral or written 31. Signature Authority. 31.1 By signing below, the signer certifies he or she has the authority to enter into this Agreement on behalf of his or her respective party, and he or she has read the foregoing and agrees to accept the provisions herein on said party's behalf. •-k, 19 DRAFT IGA 5-20-2015 Amb. ... 31.2 This Intergovernmental Agreement may be executed in counterpart Signature Date Signature Date Typed Name and Title Typed Name and Title Imbl Entity Name Entity Name Address Address City State Zip City State Zip RESERVED FOR THE ATTORNEY GENERAL. RESERVED FOR CITY/TOWN ATTORNEY- This agreement between public agencies has been APPROVED AS TO FORM AND AUTHORITY- reviewed pursuant to A R S § 11-952 by the undersigned Assistant Attorney General who has determined that it is in proper form and is within the BY powers and authority granted under the laws of the CITY/TOWN ATTORNEY State of Arizona to the Arizona Department of Revenue represented by the Attorney General. Date MARK BRNOVICH The Attorney General Signature Assistant Attorney General Date AMW 20 DRAFT 1GA 5-20-2015 ... Almft APPENDIX A ARIZONA DEPARTMENT OF REVENUE CONFIDENTIALITY REQUIREMENTS 1. Confidential Information 1 1 Confidential Information is defined in A.R.S § 42-2001 Confidential Information may not be disclosed except as provided by statute. A.R.S. § 42-2001(B) 1.2 License information obtained from the Department of Revenue is Confidential Information and may only be disclosed as authorized by A R S. § 42-2003. License information obtained from other sources is not Confidential Information. 1 3 Information about a taxpayer's identity obtained from the Department of Revenue is Confidential information and may only be disclosed as authorized by A.R.S. § 42-2003. Identity information obtained from other sources is not Confidential Information. 14 Confidential Information includes information about a single taxpayer and also aggregated information about a group of identified or identifiable taxpayers. Aggregated information from fewer than three taxpayers in a grouping on a statewide basis or fewer than ten taxpayers in a grouping for an area that is less than state level (city or town) may be Confidential Information Such information may not be released unless the City/Town Administrator reviews the relevant information concerning the aggregate data and makes a determination in writing that the aggregate data does not reveal information about any specific taxpayer Such determination should take into consideration the following: a The proportionality of the tax information applicable to individual members of the group of taxpayers; no individual taxpayer's information should be discernable due to its relative size/taxable sales, compared to other members of the group, b The total aggregated tax information, the aggregate information cannot allow viewers to draw conclusions about individual taxpayers (e g , there are 6 car dealers in the city and the total aggregate sales were $900,000 and none of them reported individual sales above the $20,000 mark, which would have qualified for the lower tax rate on large purchases) C. Any other factor that could cause the aggregate data to be used to determine information specific to a single taxpayer 2 Protecting Information 21 City/Town must identify all places, both physical and logical, where Confidential Information is received, processed and stored and create a plan to adequately secure those areas ..•. + 22 Confidential Information must be protected during transmission, storage, use, and destruction. City/Town must have policies and procedures to document how it protects its information systems, including Confidential Information contained therein An example of appropriate protection standards is set forth in National Institute of Standards and Technology Special Publication 800-53. The publication may be found at http.//nvlpubs.nist. ov/nislpubs/Specia]Publications/NIST.SP.800-53r4 pdf 23 Employees are prohibited from inspecting information unless they have a business reason for the information. Browsing information concerning friends, neighbors, family members, or people in the news is strictly prohibited. 24 All removable media, including paper and CDs, containing Confidential Information must be secured when not in use and after normal business hours by placing all materials in a locked drawer or cabinet. During use, Confidential Information must be protected so that it is not visible to members of the public or anyone without a business need for the information. 25 All individuals accessing or storing Confidential Information from an alternative work site must enter into a signed agreement that specifies how the Confidential Information will be protected while at that site Only trusted employees shall be permitted to access Confidential Information from alternative sites Confidential Information may not be accessed while in public places such as restaurants, lounges, or pools. 2.6 Confidential Information may not be sent outside the local area network by unencrypted email. City/Town is responsible for ensuring in-flight email communications containing Confidential Information are sent through a secure process. This may include encryption of the email message, a secure mailbox controlled by City/Town, an encrypted point-to- point tunnel between the correspondents or use of Transport Layer Security (TLS) between correspondents The acceptable encryption algorithms are set forth in the standards attached as Exhibit 1, which may be updated to accommodate changed technology 2.7 Confidential Information may not be discussed in elevators, restrooms, the cafeteria, or other public areas. Terminals should be placed in such a manner that prohibits public viewing of Confidential Information 2.8 When transporting confidential materials the materials should be covered so that others cannot see the Confidential Information. When sending Confidential Information by fax a cover sheet should always be used. 2.9 Any person with unsupervised access to Confidential Information shall receive training on the confidentiality laws and requirements to protect such information before being given access to such Information and annually thereafter They must sign certificates after the training acknowledging that they understand their responsibilities City/Town must keep records to document this training and certification 3 Disclosure of Information 3.1 Confidential Information may only be disclosed as permitted by A.R.S. § 42-2003. 32 Confidential Information is confidential by statute and, therefore, does not have to be disclosed in response to a public records request A state agency may deny inspection of public records if the records are confidential by statute Berry v State, 145 Anz. 12, 13 699 P.2d 387, 388 (App 1985) 3 3 A taxpayer may designate a person to whom Confidential Information may be disclosed by completing a Department of Revenue Form 285, or such other form that contains the information included in the Form 285. City/Town may contact the Department of Revenue's Disclosure Officer if there are any questions concerning this requirement. Disposal of Information 41 All removable media containing Confidential Information must be returned to the Department of Revenue or sanitized before disposal or release from the control of City/Town. 4.2 Confidential Information may be destroyed by shredding or burning the materials when no longer needed Confidential Information may not be disposed of by placing the materials in the garbage or recycle bins Destruction of Confidential Information may be performed by a third party vendor. City/Town must take appropriate actions to protect the Confidential Information in transit and storage before it is destroyed, such as periodic inspections of the vendor 4.3 Computer system components and devices such as copiers and scanners that have been used to store or process Confidential Information may not be repurposed for non-tax administration uses unless the memory or hard drive of the device is sanitized to ensure .-. under no circumstances Confidential Information can be restored or recovered. Aft EXHIBIT 1 ENCRYPTION STANDARDS 1.0 Acceptable Encryption Algorithms—The following encryption algorithms are considered acceptable for use in information systems to protect the transmission or -sub, storage of Confidential Information and system access. 1.1.1 Acceptable Security Strength—the security strength of an encryption algorithm is a projection of the time frame during which the algorithm and the key length can be expected to provide adequate security. The security strength of encryption algorithms is measured in bits, a measure of the difficulty of discovering the key. a The current minimum key strength for Confidential Information is 112 bits. 1.1.2 Symmetric Encryption Algorithms—The following symmetric encryption algorithms are considered acce table for use Algorithm Reference Acceptable Key Strengths Advanced Encryption Standard (AES) FIPS 197 128, 192 or 256 bits Triple Data Encryption Algorithm SP 800-67 168 bits (TDEA) (three key 3DES) 1.1.3 Key Agreement Schemes—The following key agreement schemes are considered acceptable for use Key Agreement Reference Acceptable Key Strengths Scheme Finite Fields Elliptical Curves Diffie-Hellman SP 800-56A P= 2048 N- 224-255 and H=14 N. 256-383 and H=16 (DH) or MOV SP 800-135 Q = 224 or 256 N. 384-511 and H=24 N. 512+ and H=32 RSA—based SP 800-131 A N=2048 1.1.4 Hash Functions —The following hash functions are considered acceptable for use Digital Signature Generation Digital Signature Non-digital signature Verification generation applications SHA-224 SHA-224 SHA-1 SHA-256 SHA-256 SHA-224 SHA-384 SHA-384 SHA-256 SHA-512 SHA-512 SHA-384 SHA-512 1.1.5 Digital Signature Algorithms—The following digital signature algorithms are considered acceptable for use. Digital FIPS Digital Digital Relative Signature Publication Signature Signature Strengths Algorithm Generation Verification Settings Settings Digital FIPS 186-4 p>=2048 p>= 2048 >= 112 bits Signature Standard q= 224 q = 224 (DSA) RSA Digital FIPS 186-4 2048 2048 >= 112 bits Signature ECDSA FIPS 186-4 224 224 >= 112 bits 1.1.6 Message Signature Algorithms —The following digital signature algorithms are considered acceptable for use Hash Algorithms Hash Generation Hash Verification HMAC >= 112 bits >= 112 bits CMAC AES, 3DES AES, 3DES CCM and GCM/GMAC AES AES ... APPENDIX B From the effective date of this Agreement until the new functionalities set forth below are implemented, the Department of Revenue will provide the following reports. City Payment Journal Detail; City Payment Journal Summary; New License Report Within 30 days after the first month's implementation of the JT2, the Department of Revenue will provide a new License Report and License Update Report containing at least the following fields- NEW LICENSE REPORT AND LICENSE UPDATE REPORT Fields displayed• o Region Code o Run Date o Report Start Date o Report End Date o Update Date o ID Type o ID o Account ID o Entity Name a Ownership Type o License ID o OTO/Applied For indicator o Bankruptcy Indicator o Filing Frequency .�. o Issue Date o Account Start Date o Business Start Date o Arizona Start Date o Doc Loc Nbr o Accounting Method o Close Date o Close Code o Business Description o NAICSI o NAICS2 o NAICS3 o NAICS4 o Mailing Street o Mailing Street2 o Mailing Street3 o Mailing City o Mailing State o Mailing ZIP o Mailing Country o Mailing Phone Number o Mailing Address Add date o Mailing Address End Date o Audit Streetl o Audit Street 2 o Audit Street 3 o Audit City o Audit State o Audit Zip o Audit Country o Audit Phone Number o Audit Address Add Date o Audit Address End Date o Location Code o Business Codes o Location Name (DBA) o Number of Units o Location Street 1 o Location Street 2 o Location Street 3 o Location City o Location State o Location Zip o Location Country o Location Phone Number o Location Start Date o Location End Date �. o Primary Location Street 1 o Primary Location Street 2 o Primary Location Street 3 o Primary Location City o Primary Location State o Primary Location Zip Code o Primary Location Country o Primary Location Phone Number o Primary Location Start Date o Primary Location End Date o Owner Name o Owner Title o Owner Name 2 o Owner Title 2 o Owner Name 3 o Owner Title 3 Within 30 days of the implementation of the TPT2, the Department of Revenue will provide the following reports with at least the fields indicated below- CITY PAYMENT JOURNAL o Run Date o Report Start Date o Report End Date �'"` o GL Accounting Period o Period End Date o Payment received date o Return received date o Payment process date o Return process date o Filing Frequency o License ID o Entity Name o Location Code o Location Name (DBA) o Location Street l o Location Street 2 o Location Street 3 o Location City o Location State o Location Zip o Location Country o NAICS o Business Code o Doc Loc Nbr o Pmt Loc Nbr o Gross Receipts ^ o Total Deductions o Tax or Fee Collected o P & I Collected o Audit Collections o Tran Type o Tran Subtype o Rev Type CITY PAYMENT JOURNAL SUMMARY o Region Code o Run Date o Report Start Date o Report End Date o GL Accounting Period o Business Code o Number of Accounts o Collections Within 30 days after the first month's implementation of the TPT2, the following reports with at least the fields indicated below: NO MONEY REPORT o Region Code o GL Accounting Period o Period End Date o Payment received date o Return received date o Payment process date o Return process date o Filing Frequency o License ID o Entity Name o Location Code o Location Name (DBA) o Location Street 1 o Location Street 2 o Location Street 3 o Location City o Location State o Location Zip o Location Country o NAICS o Business Code o Doc Loc Nbr o Pmt Loc Nbr o Gross Receipts �. o Total Deductions o Tax or Fee Collected o P & I Collected o Audit Collections o Tran Type o Tran Subtype DEDUCTION REPORT o Region Code o Run Date o Report Start Date o Report End Date o GL Accounting Period o Period End Date o License ID o Entity Name .•. �- o Location Code o Location Name (DBA) o Business Code o Doc Loc Nbr o Deduction Code o Deduction Amount o Tran Type 'lftk o Tran Subtype o Rev Type Within 30 days after taxes(subject to fund distributions) are collected,the Department of Revenue will provide the following report with at least the fields indicated below. FUND DISTRIBUTION REPORT o Region Code o Run Date o Report Start Date o Report End Date o GL Accounting Period o Period End Date o Payment Received Date o Return Received Date o Payment Processed Date o Return Processed Date o License ID o Entity Name o Location Code o Location Name (DBA) o Business Code o Doc Loc Nbr o Fund Allocation Code o Amount Distributed FUND DISTRIBUTION SUMMARY REPORT o Region Code o Run Date o Report Start Date o Report End Date o GL Accounting Period o Fund Allocation Code o Amount Distributed JT 2/UC-001(7/15) ARIZONA JOINT TAX APPLICATION (JT-2) IMPORTANTI Incomplete applications WILL NOT BE PROCESSED • Please read form instructions while completing the application Additional information and forms available at www.azdor gov License&Registration • Required information is designated with an asterisk(*). You can file and pay for ARIZONA DEPARTMENT OF REVENUE PO BOX 29032 • Return completed application AND applicable license fee(s)to this application online Phoenix,AZ 85038-9032 address shown at left. at WWW,AZTaxes-gov. • For licensing questions regarding transaction privilege tax,call It is fast and secure. Taxpayer Information&Assistance (602)542-4576 SECTION A: Business Information 1* Federal Employer Identification No 2* License Type—Check all that apply or Social Security No it sole proprietor without employees ❑Transaction Privilege Tax(TPT) ❑ Use Tax ❑Withholding/Unemployment Tax(if hiring employees) ❑TPT for Cities ONLY 3* Type of Organization/Ownership—Tax exempt organizations must attach a copy of the Internal Revenue Service's letter of determination ❑ Individual/Sole Proprietorship ❑Subchapter S Corporation ❑Government ❑Joint Venture ❑Corporation ❑Association ❑Estate ❑ Receivership State of Inc ❑ Partnership ❑Trust Date of Inc ❑ Limited Liability Company ❑ Limited Liability Partnership 4* Legal Business Name s* Mailing Address—number and street City State ZIP Code County/Region Country 6* Business Phone No (with area code) 7 Email Address 8 Fax Number(with area code) 9* Description of Business Describe merchandise sold or taxable activity 10*NAICS Codes Avaiiabie etwww.azdorgov 11*Did you acquire or change the legal form of an existing business? 12*Are you a construction contractor? ❑ NO ❑Yes-*You must complete Section F ❑No ❑Yes(see bonding requirements) BONDING REQUIREMENTS Prior to the issuance of a Transaction Privilege Tax license new or out-of-state contractors are required to post a Taxpayer Bond for Contractors unless the contractor qualifies for an exemption from the bonding requirement.The primary type of contracting being performed determines the emount of bond to be posted Bonds may also be required from applicants who are delinquent in paying Arizona taxes or have a history of delinquencies Refer to the publication,Taxpayer Bonds,available online at www.azdor gov or in Arizona Department of Revenue offices WITHHOLDING LICENSE ONLY 13*Withholding Physical Location City State ZIP Code Number and Street(Do no use PO Box,PMB orroute numbers) County/Region Country Continued on page 2 4 FOR AGENCY USE ONLY CASHIER'S STAMP ONLY DO NOT MARK IN THIS AREA. ACCOUNTNUMBER DLN ❑New START TRANSACTION PRIVILEGE TAX ❑Change S/E DATE WITHHOLDING/SSN/EIN ❑Revise COMPLETED DATE EMPLOYEE'S NAME ❑Reopen LIABILITY LIABILITY ESTABLISHED ADOR 10196(7115) JT-2/UC-001 7/15 Name(as shown on page 1) IN or SSN(as shown on page 1) SECTION B: Identification of Owners, Partners, Corporate Officers Members/Managing Members or Officials of this Employing Unit If you need more space,attach Additional Owner,Partner, Corporate Officer(s)form available at www.azdorgov If the owner,partners corporate officers or combination of partners or corporate officers members and/or managing members own more than 50%of or control another business in Arizona,attach a list of the businesses,percentages owned and unemployment insurance account numbers or provide a Power of Attorney(Form 285)which must be filled out and signed by an authorized corporate officer *Socia#No `Last Name First Name Middle Intl. *Stree *City *State *%Owned *ZIP Cty *Phone Number(with area code) *Country *Social Security No *Title 'Last Name First Name Middle Intl IN d *Street Address *City *State *%Owned c 3 0 *ZIP Code *County *Phone Number(with area code) *Country *Social Security No *Title "Last Name First Name Middle Intl M d *Street Address *City *State *%Owned c 3 O *ZIP Code *County *Phone Number(with area code) *Country SECTION C: Transaction Privilege Tax TPT 1* Date Business Started in Arizona 2* Date Sales Began 3 Mat is your anticipated annual income for your first twelve months of business? a Filing Frequency ❑ Monthly ❑Quarterly ❑ Seasonal ❑Annual If seasonal filer,check the months for which you intend to do business ❑JAN ❑ FEB ❑ MAR ❑APR ❑ MAY ❑JUN ❑ JUL ❑AUG ❑ SEP ❑OCT ❑ NOV ❑ DEC 5 Does your business sell tobacco products? 6 TPT Filing Method 7 Does your business sell new motor vehicle tires or vehicles? ❑Yes ❑ Retailer OR ❑Distributor ❑Cash Receipts ❑Yes 4 You will have to file Motor Vehicle Tire Fee form ❑Accrual available at www azdor gov 8* Tax Records Physical Location—number and street City State ZIP Code (Do not use PO Box PMB or route numbers) County Country 9* Name of Contact *Phone Number(with area code) Extension SECTION D: Transaction Privile a Tax TPT Physical Location 1* Business Name,"Doing Business As"or Trade Name at this Physical Location 2* Physical Location of Business or Commercial/Residential Rental City State ZIP Code Number and street(Do not use Po Box,PMB or route numbers) County/Region Country Residential Rental Only—Number of Units Reporting City(if different than the physical location city) 3* Additional County/Region Indian Reservation County/Region and Indian Reservation Codes available at mvw azdor gov County/ Region I I I City Business Codes (Include all codes that apply) See instructions Complete list available at www azdor gov State/ County city If you need more space attach Additional Business Locations form available at wwwazdorgov ADOR 10196(7/15) ARIZONA JOINT TAX APPLICATION(JT-2) JT-2/UC-001 7/15 Name(as shown on page 1) F IN or S N(as shown on page 1) SECTION E: Withholding& Unemployment Tax Applicants 1* Regarding THIS application,Date Employees First Hired in Arizona 2 Are you liable for Federal Unemployment Tax? ❑Yes 4 First year of liability 3 Are Individuals performing services that are excluded from withholding 4 Do you have an IRS ruling that grants an exclusion from or unemployment tax? Federal Unemployment Tax? ❑Yes 4 Describe services ❑Yes 4 Attach a copy of the Ruling Letter 5 Do you have,or have you previously had.an Arizona unemployment tax number? ❑ No Unemployment Tax Number ❑Yes 4 Business Name 6 First calendar quarter Arizona employees were/will be hired and paid Hired Year Hired Quarter Paid Year Paid Quarter (indicate quarter as 1,2 3 4) 7 When did/will you first pay a total of$1,500 or more gross wages In a calendar quarter? Year Quarter (indicate quarter as 1,2,3,4) Exceptions $20,000 gross cash wages Agriculturai $1 000 gross cash wages DomesuclHousehoid,not applicable to 501(c)(3)Non-Profit. 8 When did/will you first reach the 20th week of employing 1 or more individuals for some portion of a day in Year Quarter each of 20 different weeks in the same calendar year?(indicate quarferas 1 2 3 4) Exceptions.10 or more individuals Agricultural 4 or more individuals 501(c)(3)Non-Profit.not applicable to Domestic/Household. SECTION F: Acquired Business Information If you answered"Yes"to Section A, question 11, you must coin lete Section F 1* Did you acquire or change all or part of an existing business? 2* Date ofAcquisilion 3* EIN of Business Under Previous Owner ❑All ❑Part 4* Previous Owner's Telephone Number 5* Name of Business Under Previous Owner 6* Name of Previous Owner 7* Did you change the le�al form of all or part of the Anzona operations of 8* Date of Change 9* EIN of Previous Legal Form your existing business. (e.g,change from sale proprietor to corporation or etc.) ❑All ❑ Part SECTION G- AZTaxes.gov Security Administrator(authorized users) By electing to register for www.AZTaxes gov you can have online access to account information, file and pay Arizona transaction privilege use and withholding taxes You may also designate authorized users to access these services Please provide the name of the authorized user forAZTaxes gov Name of Authorized User Title Email Address Phone Number(with area code) SECTION H: Required Signatures This application must be signed by either a sole owner,at least two partners managing member or corporate officer legally responsible for the business, trustee or receiver or representative of an estate that has been listed in Section 8 Under penalty of p"ury I (we), the applicant, declare that the Information provided on this application is true and correct. I (we) hereby authorize the security administrator,if one is listed in Section G,to access the AZTaxes.gov site for the business identified in Section A This authority is to remain in full force and effect until the Arizona Department of Revenue has received written termination notification from an authorized officer 1 Print or Type Name 2 Print or Type Name Title Title Date Date Signature Signature This application must be completed, signed,and returned as provided by A R S.§23-722. Equal Opportunity Employer/Program This application available in alternative formats at Unemployment Insurance Tax Office PLEASE COMPLETE SECTION I: STATE/COUNTY&CITY LICENSE FEE WORKSHEET TO CALCULATE AND REMIT TOTAL AMOUNT DUE WITH THIS APPLICATION. ADOR 10196(7115) ARIZONA JOINT TAX APPLICATION(JT-2) JT-2/UC-001 7/15 Name(as shown on page 1) FEIN or SSN(as shown on page 1) SECTION I: State/County 8-City&-City License Fee Worksheet ALL FEES ARE SUBJECT TO CHANGE Check for updates at azdor.gov To calculate CITY FEE.Multiply No.of Locations by the License Fee and enter sum in License Subtotal No.of License License No,of License License No of License License City/Town Code Loc's Fee Subtotal City/Town Code Loc's Fee Subtotal I City/Town Code Loc's Fee Subtotal A ache Junction AJ 1 $50.00 Goodyear GY $5 00 JSahuarita SA $5.00 Avondale AV $40 00 Guadalupe GU $2 00 jSan Luis SU $2 00 Benson BS $5 00 Hayden HY $5 00 JScottsdale SC $50 00 Bisbee BB $1 00 lHolbrook HB I 1 $1 00 Isedona SE $2 00 Bucke a BE $2.00 jHu.chuca City HC 1 1 $2 00 IShow Low I SL $2.00 Bullhead City BH $2 00 lierome JO 1 1 $2 00 ISierra Vista SR $1 00 Camp Verde CE $2 00 lKearny KN 1 $2 00 ISnowflake SN $2 00 Carefree CA Isl000 Kingman KM 1 $2 00 ISomenton SO $2 00 Casa Grande CG $2 00 Lake Havasu LH $5 00 ISouth Tucson ST 1 $2 00 Cave Creek CK $20 00 Litchfield Park LP $2 00 ISpringerville SV 1 $5 00 Chandler CH $50 00 Mammoth MH $2 00 ISt Johns Si $2 00 Chino Valle CV $2.00 Marana I MA $5 00 IStar Valley SY 1 $2 00 Clarkdale CD $2 00 Marico a I MP $2 00 ISuperior SI $2 00 Clifton CF $2 00 Imesa I ME $30 00 Isurprise SP $10 00 Colorado City CC 1 $2 00 Imiami I MM $2 00 ITaylor TL $2.00 Coolid e CL $2 00 INoqales NO $25 00 ITempe I TE Is5o0o Cottonwood CW $2 00 Oro Valle OR $12 00 Thatcher TC $2.00 Dewe /Humboldt DH $2 DO Pa a PG $2 00 Tolleson TN $2 00 Dou las DL $5 00 Paradise Valle PV $2 00 ITOmbstone TS $1 00 Duncan DC $2 00 Parker PK $2 00 Tucson TU $45.00 Ea gar EG $10 00 Patagonia PA $25 00 Tusa an TY $2 00 El Mirage EM $15 00 Payson PS $2 00 Wellton WT $2 00 Eloy EL $10 00 Peoria PE $50 00 Wickenbur WB $2 00 Flagstaff FS $46 00 Phoenix PX $50 00 Willcox WC $25 00 Florence FL $2.00 Pima PM $2.00 Williams WL $2 00 Fountain Hills FH $2 00 Pineto /Lakeside I PP $2 00 Winkelman WM $2 00 Fredonia FD $10 00 Prescott PR $25 00 Winslow WS $10 00 Gila Bend GI $2 00 Prescott Valle PL $2 00 Youn town YT $10 00 Gilbert GB $2 00 Quartzsite QZ $2 00 Yuma YM $2 00 Glendale GE 5000 Queen Creek QC $2 00 Globe GL $2 00 Safford SF $2 00 Subtotal City License Fees Subtotal City License Fees Subtotal City License Fees column 1 $ column 2 $ column 3 $ AA TOTAL City License Fees column 1+2+3 $ Fee per No.of Loc's Location TOTAL 86 TOTAL State License Fees • Calculate by multiplying number of business locations b $12.00 $12.00 $ Residential Rental License Fees-Multiply the number of units per locations by$2.00 $50.00Annual Cap per license No.of Units No.of Loc's City Fee ONLY CHANDLER,PHOENIX,and SCOTTSDALE Residential Rental License-Chandler $ need to use this section,and NOT the fee chart above, Residential Rental License Phoenix $ to calculate license fee(s) The amount for each city CANNOT EXCEED$50.00 Residential Rental License-Scottsdale $ CC TOTAL City Residential Rental License Fees Add Chandler,Phoenix,&Scottsdale $ DD TOTAL DUE Add lines AA+BB+CC • Make check payable to Arizona Department of Revenue • Include FEIN or SSN on payment. • Do not send cash • License will not be Issued without full payment of fee ADOR 10196(7/15) ARIZONA JOINT TAX APPLICATION(JT-2) PAGE f OF TRANSACTION PRIVILEGE, USE, AND SEVERANCE TAX RETURN -(TPT-2) Arizona Department of Revenue PO Box 29010-Phoenix,AZ 85038-9010 TPT-2 return Is due the 20th day of the month following For assistance out of state or in the Phoenix area. (602)255-2060 or the month in which the transactions were conducted Statewide, toll free area codes 520 and 928. (800) 643-7196 TAXPAYER IDENTIFICATION NUMBER ❑ SSN ❑ EIN LICENSE NUMBER TAXPAYER INFORMATION PERIOD BEGINNING PERIOD ENDING ❑AMENDED RETURN ❑FINAL RETURN ❑CHECK HERE AND SIGN BELOW IF YOU (Cancel License) HAVE NO GROSS RECEIPTS TO REPORT BUSINESS NAME REVENUE USE ONLY 00 NOT MARK IN THIS AREA C/O MAILING ADDRESS CITY STATE ZIP CODE POSTMARK DATE RECEIVED DATE []ADDRESS CHANGED(MAILING ADDRESS ONLY) BUSINESS PHONE NUMBER AA NET AVCOUNTY TAX(PAGE 2,LINE MM,COLUMN(M))....................................................................................................._..-............................................................................ ................ BB NET CITY TAX(PAGE 3,LINE RR,COLUMN(M))........................................................... ..................-..._................................................................................_............ CC NET TAX DUE ON THIS RETURN(LINE AA+LINE BB=LINE CC)............................................................................................................................................................... ...... ............... DD TPT ESTIMATED PAYMENTS TO BE USED ON THIS RETURN(JUNE RETURN ONLY,DUE IN JULY).................................................................................................................................. EE TAX DUE NET OF TPT ESTIMATED PAYMENTS(LINE CC-LINE DID=LINE EE)....................................................................................................................................... ......-............... FF TOTAL AMOUNT REMITTED WITH THIS RETURN................................................................................................................................................................................................................ $ NOTE:A TRANSACTION DETAIL PAGE IS REQUIRED OR THE RETURN WILL NOT PROCESS CORRECTLY AND PENALIZES MAY APPLY i Under penalties of perjury,1 declare that I have examined this return,including accompanying schedules and statements,and to the best of my knowledge and belief,it is true,correct and complete. Declaration of preparer(other than taxpayer)is based on all information of which preparer has any knowledge. ❑ The taxpayer designates the Individual listed below as the person to contact to schedule an audit of this return and authorize the disclosure of confidential information to this individual TAXPAYER PRINTED NAME TAXPAYER SIGNATURE DATE PAID PREPARER'S SIGNATURE(OTHER THAN TAXPAYER) TAXPAYER PHONE NO TITLE PAID PREPARER'S TIN PAID PREPARER S PHONE NO PLEASE MAKE CHECK PAYABLE TO ARIZONA DEPARTMENT OF REVENUE ADOR 10872(5l15) 1 TRANSACTION PRIVILEGE,USE,AND SEVERANCE TAX RE..j}RN-(TPT-2) LICENSE NUMBER• PAGE 2 OF STATE(AZ)/COUNTY TRANSACTION DETAIL(See Table 1 on the Tax Rate Table,www.azdor gov) (A) (B) (C) (D) (E) (F) (G) (H) (1) (J) (K) (L) (M) DEDUCTIONS AZ/ ACCTNG (H)X(K)=(L) (J)-(L)=(M) REG NAME OF BUS DESC OF GROSS FROM (F)-(G)=(H) COUNTY (H)X(I)=(J) CREDIT ACCOUNTING AUCOUNTY CODE REGION CODE BUS.ACTIVITY RECEIPTS SCHEDULE A NET TAXABLE TAX RATE TOTAL TAX RATE CREDIT TAX DUE 1 2 3 4 6 6 5 7 8 9 10 11 12 13 14 16 16 17 18 19 ' 20 21 22 23 24 25 GGSUBTOTAL........_........._._.............................-.................. HH TOTALS FROM ADDITIONAL AZ/COUNTY PAGE(S)...... It TOTAL(LINE GG+LINE HH=LINE 11) ........................... JJEXCESS TAX COLLECTED........................................................................................................................................................................................................................................................ ........................... KK EXCESS TAX ACCOUNTING CREDIT' (SEE INSTRUCTIONS)....................................................................................................... ................................................................................................................ LL NET AZJCOUNTY EXCESS TAX COLLECTED(LINE JJ,COLUMN(M)-LINE KK,COLUMN(M)) ....................................................................................................................................................................... MMNET A JCOUNTY TAX(LINE 11,COLUMN(M)+LINE LL,COLUMN(M)).........................................................................................................-. ................................................................................................ ADOR 10872(5115) TRANSACTION PRIVILEGE,USE,AND SEVERANCE TAX RETURN-(TPT-2) LICENSE NUMBER PAGE 3 OF CITY TRANSACTION DETAIL See Table 2 on the Tax Rate Table,www.azdor. ov (A) (B) (C) (D) (E) (F) (G) (H) (1) W) (K) (L) (M) DEDUCTIONS CITY (J)-(L)_(M) LOC CITY BUS DESC OF FROM (F)-(G)=(H) TAX (H)X(1)=(J) CITY CITY CODE CODE NAME OF CITY CODE BUS ACTIVITY GROSS RECEIPTS SCHEDULE A NET TAXABLE RATE TOTAL TAX CREDIT TAX DUE ' 1 — 1 2 i 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 NN CITY SUBTOTAL..................... .......... ........................................... 00 CITY SUBTOTALS FROM ADDITIONAL CITY PAGE(S)................... PP CITY TOTAL(LINE NN+LINE 00=LINE PP)................................ QQCITY EXCESS TAX COLLECTED._....-....................... .................................................. ................................_................................................................ ........................................................................._......... RR NET CITY TAX(LINE PP,COLUMN(M)+LINE 00,COLUMN(M1))........................................................................................................................................................................... ............_.................... ADOR 10872(5/15) ( I TRANSACTION PRIVILEGE,USE,AND SEVERANCE TAX RE TURN-(TPT-2) LICENSE NUMBER• PAGE 2A OF ADDITIONAL TRANSACTIONS STATE(AZ)/COUNTY TRANSACTION DETAIL(See Table 1 on the Tax Rate Table,www.azdor.gov) 7R(E tC) tD) (E) (F) (G) (}1) O) W) (K)DEDUCTIONSAZ/ ACCTNG (H)X(K)=(L) (J)-(L)=(M) NAME OF BUSDESC OF GROSS FROM (F)-(G)_(H) COUNTY (H)X(1)_(J) CREDIT ACCOUNTING AZ/COUNTY REGION CODE BUS ACTIVITY RECEIPTS SCHEDULE A NET TAXABLE TAX RATE TOTAL TAX RATE CREDIT TAX DUE 1 - -- 2 3 4 6 6 7 B 9 10 11 12 13 14 16 16 17 18 19 20 21 22 — 23 24 2s AZICOUNTY SUBTOTAL................................................. $ $ $ $ ADD SUBTOTALS OF AZICOUNTY ADDITIONAL TRANSACTIONS TO THE 2ND PAGE OF RETURN ADOR 10872(5115) TRANSACTION PRIVILEGE,USE,AND SEVERANCE TAX RETURN-(TPT-2) LICENSE NUMBER PAGE 3A OF ADDITIONAL TRANSACTIONS CITY TRANSACTION DETAIL See Table 2 on the Tax Rate Table,www.azdor ov (A) (8) (C) (D) (E) (F) (G) (H) Iq (J) (K) (L) (M) DEDUCTIONS CITY (J)-(L)=(M) LOC CITY BUS DESC OF FROM (F)-(G)=(H) TAX (H)X(1)=(J) CITY CITY CODE CODE NAME OF CITY CODE BUS ACTIVITY GROSS RECEIPTS SCHEDULE A NET TAXABLE RATE TOTALTAX CREDIT TAX DUE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 i 19 20 21 22 — 23 24 25 CITY SUBTOTAL..................................._....._.................................. $ $ $ $ ADD SUBTOTALS OF CITY ADDITIONAL TRANSACTIONS TO THE 3RD PAGE OF RETURN ADOR 10872(5115) i TPT-2—SCHEDULE A DEDUCTIONS—STATEICOUNTY LICENSE NUMBER. Page of TRANSACTION PRIVILEGE,USE,AND SEVERANCE TAX STATE(AZ)/COUNTY DEDUCTIONS DETAIL (A) (B) (C) (D) (E) (F) REGION BUSINESS DEDUCTION DESCRIPTION OF CODE CODE CODE DEDUCTION AMOUNT DEDUCTION CODE 1 $ 2 $ 3 $ 4 $ 5 $ 6 $ 7 $ 8 $ 9 $ 10 $ 11 $ 12 $ 13 $ 14 $ 15 $ 16 $ 17 $ 18 $ 19 $ 20 $ 21 $ 22 $ 23 $ 24 $ 25 $ 26 $ 27 $ 28 $ 29 $ 30 $ 31 $ 32 $ 33 $ 34 $ 35 $ AA SUBTOTAL OF DEDUCTIONS.............................................................. $ BB DEDUCTION TOTALS FROM ADDITIONAL AVCOUNTY PAGE(S) .. $ CC TOTAL DEDUCTIONS(LINE AA+LINE BB=LINE CC).................... $ TOTAL MUST EQUAL TOTAL ON PAGE 2,LINE 11,COLUMN G ADOR 108/2(511S) TPT-2—SCHEDULE A DEDUCTIONS—CITY LICENSE NUMBER Page of TRANSACTION PRIVILEGE,USE,AND SEVERANCE TAX CITY DEDUCTIONS DETAIL (A) (B) (C) (D) (E) (F) LOCATION CITY BUSINESS DEDUCTION DESCRIPTION OF CODE CODE CODE CODE DEDUCTION AMOUNT DEDUCTION CODE 1 $ 2 $ _ 3 $ 4 $ 6 $ 6 $ 7 $ 8 $ 9 $ 10 $ 11 $ 12 $ 13 $ 14 $ 16 $ 16 $ 17 $ 18 $ 19 $ 20 $ 21 $ 22 $ 23 $ 24 $ 26 $ 26 $ 4 27 $ 28 $ 29 $ 30 $ 31 $ 32 $ 33 $ 34 $ 36 $ AA SUBTOTAL OF DEDUCTIONS.................................................. ... $ BB DEDUCTION TOTALS FROM ADDITIONAL CITY PAGE(S)................ $ CC TOTAL DEDUCTIONS(LINE AA*LINE BB=LINE CC)..............._ $ TOTAL MUST EQUAL TOTAL ON PAGE 3,LINE PP,COLUMN G 1 ADOR 10872(5115) 1 ROLL CALL VOTE NOTES: 1 ITEM # MEETING OF AJII , M W ) MOTION BY SECONDED BY F- I YES NO ABSTAINED COUNCILMEMBER WALDRON COUNCILMEMBER EVANS COUNCILMEMBER SERDY VICE MAYOR BARKER COUNCILMEMBER WILSON COUNCILMEMBER RIZZI MAYOR INSALACO UNANIMO S IN FAVOR OPPOSED ABSTAINED TOTAL \/ -T ITEM NO. 16 I MOVE THAT APPROVAL BE GIVEN FOR THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF APACHE JUNCTION AND THE ARIZONA DEPARTMENT OF REVENUE FOR THE UNIFORM ADMINISTRATION OF THE TRANSACTION PRIVILEGE (SALES) TAX AS REQUIRED BY A R.S. TITLE 42, SECTION 6001, AND THAT AUTHORIZATION BE GIVEN FOR THE MAYOR TO SIGN THE AGREEMENT PENDING FINAL APPROVAL AS TO FORM BY THE CITY ATTORNEY. ROLL CALL VOTE NOTES Auk �VA, rV ITEM # MEETING O MOTION BY: SECONDED BY: YES NO ABSTAINED COUNCILMEMBER SERDY COUNCILMEMBER RIZZI COUNCILMEMBER EVANS COUNCILMEMBER WILSON COUNCILMEMBER WALDRON VICE MAYOR BARKER MAYOR INSALACO UNANIMOUS IN FAVOR OPPOSED ABSTAINED TOTAL ... ... ITEM NOS. 17-18 I MOVE THAT AN EXECUTIVE SESSION AT 5.45 P.M., AND A WORK SESSION AT 7.00 P.M., BE HELD ON MONDAY, JULY 6, 2015, IN THE CITY COUNCIL CONFERENCE ROOM AND CITY COUNCIL CHAMBERS RESPECTIVELY; AND THAT AN EXECUTIVE SESSION AT 5.45 P.M. BE HELD ON TUESDAY, JULY 7, 2015, IN THE CITY COUNCIL CONFERENCE ROOM ADJOURNMENT: I MOVE THAT THE MEETING BE ADJOURNED AT P M ROLL CALL 11 WS: + REG: �SJ'J I SPEC:Vi� I CITY COUNCIL P / A P / A P / A MAYOR INSALACO VICE MAYOR BARKER COUNCILMEMBER EVANS COUNCILMEMBER RIZZI v COUNCILMEMBER SERDY COUNCILMEMBER WALDRON COUNCILMEMBER WILSON TOTAL CITY STAFF: City Manager George Hoffman ✓ V Assistant City Manager Bryant / Powell City Clerk Kathleen Connell City Attorney Joel Stern Public Safety Director Tom / Kelly 7 Public Works Director Giao Pham / Parks & Recreation Director Jeff Bell vvv/ V Library Director Spencer Paden V Finance Director Donna Mernerts City Engineer Emile Schmid Development Svcs Director Larry Kirch Human Resources Director Liz Rile Assistant to the City Manager f Matt BusbyV OTHERS i