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HomeMy WebLinkAbout2015 04.06 City Council Work Session Agenda i4111,r City of Apache Junction, Arizona Meeting location Y.' City Council Chambers T '`�5l' at City Hall 300E Superstition Blvd Agenda Apache Junction,AZ Vico ji.kiq 85119 City Council Work Session www ajcity net Ph (480)982-8002 Monday,April 6,2015 7.00 PM City Council Chambers A. CALL TO ORDER B. ROLL CALL C. AGENDA ITEMS 1. Presentation and discussion of proposal to eliminate most Planning and Zoning Commission Work Sessions Staff is proposing that less complicated matters be included in regular Planning and Zoning meetings while Work Sessions be scheduled as needed for more complex matters such as preliminary plats and policy related matters to include amendments to the Zoning Code and General Plan amendments and updates 2. Presentation and discussion of on-call landscape architectural consulting services. Staff respectfully request the mayor and city council consider approving a prioritized short list of consultants to provide on-call landscape architectural services 3. Presentation by and discussion with Captain Freeman on the replacement of outdated verbiage in Apache Junction City Code, Volume 1, Chapter 6, Animals provisions 4. Presentation by and discussion with Captain Freeman on Pinal County Animal Control Intergovernmental Agreement 5. Presentation and discussion on Resolution No 15-12, renewing the city's membership with the Arizona Metropolitan Trust (AzMT), provider of medical and dental benefits for city employees, which expires on June 30, 2015 The city is a founding member of AzMT with El Mirage, Youngtown, and Avondale Starting on July 1, 2015,AzMT will consist of the four original city members and will be adding the employee groups of the County of Pinal and the Buckeye Valley Fire District 6. Presentation and discussion on Apache Trail road improvements Staff will provide an update on the Apache Trail design and requests the mayor and city council consider a contract for PWC2014-01 Apache Trail Road Improvements- Phase 1 Staff recommends the city enter into a contract with Vincon, LLC in an amount not to exceed $266,178 30 7. Presentation and discussion on Resolution No 15-11, approving and authorizing an interfund balance loan in an amount not to exceed City of Apache Junction,Arizona Page 1 Printed on 3/31/2015 rink City Council Work Session Agenda April 6,2015 $10,000,000 00 for roadway improvements, authorizing the taking of all other actions necessary to consummate the transaction contemplated by this resolution, and declaring an emergency D. ADJOURNMENT Copies of this agenda and additional information regarding any of the items listed above may be obtained Monday through Thursdays, 7 00a—6 00p, excluding holidays, from the City Clerk's office located at 300 East Superstition Boulevard,Apache Junction, AZ 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 r City of Apache Junction,Arizona Page 2 Printed on 3/31/2015 `' ,41,., City of Apache Junction, Arizona 300 E Superstition ., Boulevard . ,t_-; Agenda Item Cover Sheet Apache Junction,AZ 85119 4, "'110, Agenda Item No I File ID: 15-25 Sponsor Larry Kirch Agenda Date.4/6/2015 Index- In Control. City Council Work Session r Presentation and discussion of proposal to eliminate most Planning and Zoning Commission Work Sessions Staff is proposing that less complicated matters be included in regular Planning and Zoning meetings while Work Sessions be scheduled as needed for more complex matters such as preliminary plats and policy related matters to include amendments to the Zoning Code and General Plan amendments and updates Attachments- Ai. City of Apache Junction,Arizona Page 1 Printed on 3/31/2015 OIS ?IN PQACNiJGti i C--- 1..- -40 z City of Apache Junction11- Development Services Department li- *` '1. CITY COUNCIL WORK SESSION DEVELOPMENT SERVICES DEPARTMENT STAFF MEMORANDUM A.% DATE : March 10, 2015 SUBJECT : Presentation and discussion of proposal to eliminate most Planning and Zoning Commission Work Sessions . Staff is proposing that less complicated matters be included in regular Planning and Zoning meetings while Work Sessions be scheduled as needed for more complex matters such as preliminary plats and policy related matters to include amendments to the Zoning Code and General Plan amendments and updates . PRESENTATION. The attached handout presents a listing of matters heard by the Planning and Zoning Commission as well as two additional columns providing a suggested list of matters that would no longer have P&Z Work Sessions and those that would The itemsON that would no longer have work sessions include more straight forward matters such as replats, City-initiated corrective rezonings and the like. More complex items or policy-oriented matters such as code changes and General Plan matters would continue to be presented and discussed by the Planning and Zoning Commission in regular work sessions . DISCUSSION: This item was presented to the Planning and Zoning Commission at its February 23rd meeting. As a result of observing the routines of the Commission over the past six months it was noted that several types of items before the Planning and Zoning Commission were somewhat routine and could be handled in one meeting rather P&Z Work Session Discussion than two. Planning&Zoning—Building&Safety—Revenue Development 300 E Superstition Boulevard • Apache Junction,AZ 85119 • Ph (480)474-5083 • Fax(480)982-7010 enS Council Work Session March 10, 2015 Page 2 of 2 Examples include the city-initiated rezoning of Hector Martinez's auto repair shop, the re-plat of a subdivision reducing the number of lots from 124 to 104 and finally to 88 lots. Since the public or applicant cannot be heard during these meetings, and are generally not in attendance, staff is suggesting that the staff presentation and discussion is redundant in some but not all cases. For example, for a recent staff/city initiated rezoning, there were three P&Z meetings and two City Council meetings. The first meeting (which is required) was to seek permission to go ahead with the rezoning, then the second meeting was a Work Session, then the third meeting (also required) was to conduct the Public Hearing and vote on the matter. I am suggesting eliminating the second, non-required meeting. Recommendation: Staff has the following recommendation regarding this agenda item. (1) Eliminate P&Z Work Session for less complex matters as noted on the following chart Prepared by: Lawrence J. Kirch, AICP e Development Services Director Attachments: City of Apache Junction - Planning and Zoning Commission - Work Session Chart Planning&Zoning-Building& Safety-Revenue Development 300 E Superstition Boulevard • Apache Junction, AZ 85119 • Ph (480)474-5083 • Fax(480)982-7010 City of Apache Junction — Planning and Zoning Commission - Work Session and Regular Meeting Guide • Application Type No Work Sessions' Work Sessions Subdivision • Modification to existing Preliminary Plat • New Preliminary Plat • Replat vacating recorded plat • Replat incorporating boundary amendment> • Replat incorporating boundary amendment<5 5 acres acres Rezoning • City initiated map correction • Incorporating Planned Development(PD) • Residential rezoning to PD of no more than • Master Planned Community(MPC)Zoning three lots for minor code deviations and Development Plan • Downzoning of residential/commercial parcels • Residential rezonmgs involving less than three lots Conditional Use Permit • Minor amendment of an approved CUP • Major changes to site plans associated with • Minor changes to site plans associated with Commission approved CUPs or Council Commission approved CUPs or Council approved Planned Development rezonings approved Planned Development rezonings • Status Report(s) • Wireless Communications Facilities(CUPs) o Aerials proposed on commercial/mdustnal property o Height and width exceedances/exception requests Zoning Code Text • Non Substantive Text Amendments • Major Code Text Revisions 1 Amendments General Plan • Greater than 10 Acre Amendments • Plan Text Changes/Updates • Adoption of Plan —The P&Z Commission and/or staff may,at its discretion,place an item on a Work Session Agenda c.\users\bduft\desktop\pz work session council disscussion 3--15 staff memo doc - ... Jit, City of Apache Junction, Arizona 300 E Superstition t�.'� Boulevard n ,.fy_{!4 Agenda Item Cover Sheet Apache Junction,AZ 85119 •Ikkt, Agenda Item No 2 ''-/i File ID: 15-47 Sponsor: Nick Blake Agenda Date•4/6/2015 Index. In Control. City Council Work Session Presentation and discussion of on-call landscape architectural consulting services. Staff respectfully request the mayor and city council consider approving a prioritized short list of consultants to provide on-call landscape architectural services Attachments. City of Apache Junction,Arizona Page 1 Printed on 3/31/2015 APACHE JUNCl1 CN PAM&&FL LEA}ION City of)lpache Junction .7fome of the Superstition Wiountains Parks and 1ccreation Department Located at the Northeast corner of Superstztion Blvd. c Idaho qOad March 11, 2015 eiN Memo To. City of Apache Junction Mayor and City Council Through. Bryant Powell,Assistant City Manager Through Jeff Bell, Parks and Recreation Director From. Nick Blake, Parks Superintendant Re• Landscape Architectural "On Call" Services The Apache Junction Parks and Recreation Department recently accepted submittals for the Request for Statement of Qualifications and Experience for General Landscape Architectural Services with sixteen consultant firms responding. From those firms six were selected for interviews and presentations regarding their qualifications on March 10, 2015 Those firms that were selected for interview were. Environmental Planning Group, LLC Floor Associates J2 Engineering and Environmental Design Kimley-Horn and Associates, Inc Logan Simpson Design, Inc OTAK Following the interviews and presentations three firms were selected for the negotiation"short list" Those firms are listed below in order of preference J2 Engineering and Environmental Design Environmental Planning Group, LLC Kimley-Horn and Associates, Inc. Under State of Arizona professional service procurement procedures, the Parks and Recreation Department will negotiate services for any landscape architectural related projects with the consultants in the order listed above for the next year with a renewal option for four additional years Staff is recommending and seeking City Council approval to proceed with entering into Professional Services Agreements on an"on call"basis with the above short listed firms as described above. 300 E SUPERSTITION BLVD,APACHE JUNCTION,AZ 85219 (480)983-2181 Voice * (480)982-2438 Fax*(480)983-0095TDD p City of Apache Junction, Arizona 300 E Superstition 111111'7 ... . Boulevard Agenda Item Cover Sheet Apache Junction Az 85119 _ / Agenda Item No. 3. 4Pr File ID. 15-24 Sponsor. Agenda Date 4/6/2015 Index. In Control. City Council Work Session Presentation by and discussion with Captain Freeman on the replacement of outdated verbiage in Apache Junction City Code, Volume 1, Chapter 6, Animals provisions Attachments City of Apache Junction,Arizona Page 1 Printed on 3/31/2015 Office of the Division of Administrative & Support Services Commander April 6, 2015 SUBJECT Chapter 6 Revisions TO Honorable Mayor and Member f the City Council THROUGH. Thomas Kelly, Chief of Pol FROM. Captain Arnold Freem A primary staff duty is to review and make recommendations for updates to policies and ordinances that affect our citizens, as well as affect our ability to deliver accurate and complete services to our customers. Over the past several months, we have experienced lapses in our ability to accurately enforce the provisions of AJ City Code Chapter 6, based on outdated verbiage A meeting with staff charged with enforcing Chapter 6 and the City Attorney's office has resulted in identifying and clarifying those issues Staff recommends the changes as documented in the attached in order to more effectively enforce Chapter 6 INTEROFFICE MEMO OFFICE OF THE CITY ATTORNEY TO: Honorable Mayor and DATE April 6, 2015 Members of City Council FROM: R. Joel Stern City Attorney SUBJECT: APACHE JUNCTION CITY CODE, VOL. I, CHAPTER 6 REVISIONS; OUR FILE NO. 15-004 Attached is a draft of recommended modifications to the City's animal code. There are numerous clerical alterations as well as new language. The more significant changes are: • § 6-1-1 Definitions: "consecutive business days" was edited to accurately reflect Monday through Friday, which are traditional days the public perceives as "open for business" days; "cruel mistreatment" and "cruel neglect" were reviewed and modified to the extent they conflicted with state law under A R S § 13-2910. Other notable new or amended definitions include. "abandonment", "containment", "medical attention", "owner", "protracted suffering", "public nuisance", "responsible person" and "shelter". • § 6-1-7(K)• Commercial Kennels language was added to allow random inspections to be ordered without notice to the kennel owner. • There is no special application fee for a wild animal permit referenced in § 6- 1-10(B) as listed in § 4-3-1; modifications were subsequently made in the wild animal section. • § 6-3-2(C): Rabies Vaccination Required: fees, costs, care and maintenance language was added. • § 6-5-2. Impoundment of Animals in Vehicles: language was added to ensure owner pays all license, vaccination, and impound fines and provide proof of payment of court fines, before the animal is released. • § 6-7-1(A): Potbellied Pigs: regarding license renewal and/or delinquency, because the fees under § 4-3-1 do not address delinquent renewal fees for potbellied pigs, the language was removed. • § 6-8-1: Keeping of Swine: The correct zoning code section was added. • § 6-9-2• Criminal Filings and Penalties: Language was added to address prior and successive civil judgments to ensure the judiciary assesses the mandatory amounts depending on the number of violations and frequency. This matter will be discussed at the April 6, 2015 City Council work session and at the April 21, 2015 public hearing. In order to avoid publication costs, the substantive law should be adopted by reference with the actual provisions being declared a public record on file with the City Clerk's office. R. Joel Stern City Attorney Attachment 2 DRAFT 4-6-15 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 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). ALTERED. A spayed female or a neutered male 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 owner 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 fells 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 oi for quarantine purposes which maintains any dogs over j 4 months of age for trade, business, profit or gain. CONSECUTIVE BUSINESS HOURS 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 MISTREATEMENT. To torture or otherwise inflict unnssary serious 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 cants familiaris family over the age of 3 months. EDUCATIONAL INSTITUTION. Any public or pnvate 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. Any person delegated by the City Manager oi his or het designee whe is responsible for the enforcement of this chapter and the regulations promulgated thereunder EQUINE. Horses, mules, burros and asses. FEE. Amounts enumerated in A.J C.C., Vol I, § 4-7. 2 FOOD A substance of sufficient quantity and nutritive 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 FOWL. A bird of any kind, domesticated or wild, including poultry 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) 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 authonzed by the owner to conduct business, act as an agent or otherwise carry out the legal nghts 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 rnk of such condition, or to prevent the animal from pain and suffering; treatment may be administered by either a licensed veterinarian or the person who has custody or control of such animal depending on the severity of the condition and the ability of the person to provide the proper treatment. OWNER. Any person exercising care, custody or control over the age of 18 unless legally o r a c c. u\-ing cusp of any animal for more than six consecutive calendar days or claiming any legal interest in such ammal 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. 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 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 eaS 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. REGISTERED As it pertains to Vol 1, Article 6 7, means iegistrarion by the North American Potbellied Pig Association RESPONSIBLE PERSON. Any person over the age of 18 unless legally emancipated currently exercising authority as delegated by the owner to exercise care,fel and supervise such animal, or such person who temporarily has the ability to custody or control such of an animal for more than six consecutive calendar days due to the owner's absence. SHELTER. A protection from the elements, either manmade or natural with regards to the geographical locations and the type of protection needed. 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 eiN 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 vetermanan licensed to practice in Arizona or any veterinarian employed in Anzona 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 4 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 vicious petition 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. H2O of suitable drinking 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 (2) Such animals include, but are not limited to the following. (a) All poisonous animals including rear-fang snakes, (b) Bears (Ursidae spp), (c) Bison(Bison spp ); (d) Cheetahs (Actnonyx jubatus), (e) Constrictor snakes, 6 feet in length or more, (f) Coyotes (Cams latrans); (g) Crocodilians (Crocodilia spp), 30 inches in length or more, 01N (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); (j) 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); 5 (q) Non-human primates including prosimians, monkeys and apes, (r) Piranha fish (Characidae spp ), (s) Pumas (Fells 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 (Cams lupus). § 6-1-2 DANGEROUS ANIMALS. (A) It is unlawful to permit any dangerous, 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 Director of Public Safety Director (B) Only peace officers or 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, save and 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 1:o 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 § 6-1-4 STRAYS; HOUSING. Any person who keeps or causes to be kept any horses, mules, cattle, burros, goats, sheep, Of other livestock or poultry, shall keep such animals in a pen or similar enclosure to prevent their roaming at large within the corporate limits of the city 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. I,Article 6- 7 6 § 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 injunous 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 eIN time who will, at the request of any enforcement officer or other designated authonty,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 and at rio time shall the be + le g a tf t owners (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,a+l 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. and shall be delinquent 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 A late fee. as established in Vol 1, Article 'I 3, shall be charged on all delinquent commercial dog kennel permits.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 business license 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. (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 Directoi of the Department of Public Safety Director after notice and hearing The notice, hearing and appeal procedures shall be handled in the same manner as similar provisions set forth in Vol I, § 8-2-10, except that for matters involving this chapter,the Animal Control Division shall assume the duties that the City Clerk is responsible for in A J C C , Vol I, § 8-2-10. (K) The Animal Control Division shall, within 30 calendar days before the annual renewal date for the commercial 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 § 6-1-8 PERSONAL DOG KENNELS. .-. (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 (3) Any person who owns, maintains or harbors 3 or less dogs over 3 months of age e not required to obtain a personal dog kennel permit (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 (5) The permit provisions do not apply to emergency situations where a person or nonprofit entity boards dogs, subject to the following conditions. 8 (a) The person boarding dogs will submit a sworn and notanzed 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 penod 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 maintained and trained in accordance with a recognized 501(c) organization is not to be counted toward the maximum allowed dogs under this section (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 vetennanan'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 neutenng requirement shall not apply to AKC or CKC dogs. (D) At no time 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 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*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 Director of the Department of Public Safety Department Director after notice and hearing. The notice, hearing and appeal procedures shall be handled in the same manner as similar provisions set forth in A.J C C , Vol. I, § 8-2-10, except that for matters involving this chapter, the Animal Control Division shall assume the duties that the City Clerk is responsible for in A.J C C., Vol I, § 8-2-10 9 (G) Any dogs over the allotted number allowed will cither 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 kennel permit shall not be bound by the same requirements governing a commercial dog kennel permit (H) The Animal Control Division shall, within 30 calendar days before the annual renewal date for the personal 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 § 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. (A) No person shall harbor, maintain or control a wild, dangerous or undomesticated animal, as defined in A.J.0 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 special permit lee. as established in A J C C , Vol I, Article 1 3, shall be valid for 12 consecutive months. and shall be delinquent on the if a renewal is not , issue each year a late fee, as established in A J C.C., . , be prorated or r,f'nd d > 11 , t b t b, The Ammal Control Division shall �. Nviauica.z 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 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 10 (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 Director of the Department of Public Safety Department Director after notice and hearing The notice and hearing shall be governed by the provisions of A.J.C.C., Vol I, Chapter 8 § 6-1-11 CRUELTY AND NEGLECT. (A) Cruelty It is unlawful for any person to overdrive, overload, overwork, torture,torment, cruelly beat, mutilate or unlawfully kill an animal, or cause or procure an animal to be so overdnven, overloaded, dnven when overloaded, overworked,tortured,tormented, cruelly beaten, mutilated, or killed and whomever, having charge or custody of an animal as owner or otherwise, inflict unnI s cruellyupon it, cruellydrive or work it when unfit for labor, P cruelly abandon it, or knowingly and willfully authorize or permit it to be subjected to unrsse►tiable or umieeczEary torture, suffering or cruelty of any kind (B) Neglect The purpose of this division is to guarantee that Animals under human custody or control a e shall be housed in healthy environments and aie shall be provided with proper /IN 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 nutritive value to maintain the animal in good condition Gefftamffratien means anything that is harmful to animals or livestock that could I ad to illness or death (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 slid-1 does not comply with this section Any shelter, all bedding and 11 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 treatment 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 for more than 24 hours 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 Enforcement Officer 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 animals 6 2 8 Impounding fees 6-2-7 Impeding Enforcement Officer 6-2-8 iting animals, quarantine § 6-2-1 SCOPE OF ARTICLE. The provisions of this article shall apply to the impoundment of all animals. §-6 -2 ENFORCE E T OFFICER. The Council may contract for enforcement of the provisions of this chapter of the Director of fV1 L313 enfVGG rcement f the e f this elia„te.. 1 12 §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 running 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 hears as set forth under A J C.C.,Vol. I, § 6-2-7 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.T-Iir-eughout-this cater, heph,,ase b does not , ,.l„de Saturdays, Sundays or city holidays even if the Animal Control Division is open during these days- § y447,4 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 twice every 21 hours 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 or 72 consecutive business days hours, unless sooner claimed by the ^ owner. § 6-2-5 REDEMPTION OF IMPOUNDED ANIMALS. If the owner of any animal shall, within 71)- 3 consecutive business days hours 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 Enforcement Offcei shall deliver any such animal to the owner § 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, or may dispose of the animal in a humane manner. A n als. . „t l,..estock „tured and , „dea , der t e provisions of this article which have not been claimed and for which the fees and charges have 13 eIN r ` business hours have passed, be-destroyed or disposed of through adoption programs as the city deems appropriate, provided however that any pei son may purchase such animal upon expiration and vaccination provisions of this chapter The enforcement officer 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 or to prevent the spread of disease §-6_2 7 IMPOUNDING FEEc duly claimed by the owe•, bcfoie delivering any such animals, such impoundment fee together with fees toi case and feedi„` . tahlished in Vol r article 1 3 § 6-2-7 IMPEDING ENFORCEMENT OFFICER. It is unlawful for any person to, in any manner: a)provide false or incomplete informationX 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) who 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 penod 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 Department of Health Services for rabies testing. If the animal dies during the penod of quarantine or impoundment, its head shall be forwarded to the State 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 penod,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. 14 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 inscnbed 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.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 vetennanan statmg the owner's name and address and giving the dog's descnption, 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, 15 JOIIS signed by a veterinarian licensed to practice in that place or a veterinarian employed by a governmental agency m 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) The city shall make piovisrens for low cost vaccinations The vaccination shall be performed by animal con+ol personnel at the impound facility at a cost to be borne by the owner —(-D) (C) If a dog is impounded and found to be unvaccinated,the enforcement officer t. +6 hereby authorized to 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 animal control personnel have delegated such duty to, who shall 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,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 Anzona 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 the an Enforcement Officer. (B) The Enforcement Officer shall apprehend and/or impound any dog running at large. The Enforcement Officer will shall hay c the right-1e 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 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. 16 1 §6-3-5 HEARING ON DISPOSITION OF ABUSED AND VICIOUS ANIMALS. A peace offices city An Enforcement Officer or th . offco h o has responsibility for animal control in the city 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 .. ,+G.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. Also, in the judgment of the Enforcement Officer, any dog at large that is dangerous,vicious, or fierce and poses an immediate threat to human safety that cannot be safely impounded, may be immediately slain 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 pnvate 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 OIN §6-3-8 DOGS KILLING ANIMALS, LIVESTOCK OR FOWL. (A) If any person disco\cis a dog killing, wounding of chasing animals livestock or fowl or (B) The owner of a dog is liable foi damages caused by the killing, wounding or chasing 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. 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 17 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 ofticei or 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 animal shelter 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 7-2-3 business days hours 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. 18 0.41 § 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 An odor constitutes a public nuisance if it interfei ,, ,th the comf rtab' enjoyment of life of pioperty by an entire community or neighborhood or by a considerable number of persons (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 (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 dnnlung 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 mto consideration acts of nature such as rainfall and wind, as well as natural drainage courses and sloping terrain. § 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 custody 19 or 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 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 renewal fee penalty not to exceed the ameunt set fefth in A I C C , Vol I, Article 4 3 shall be added to the potbellied pig is requited to be Iicci sed under the provisions of this article This penalty shall not has beet in thei possession less than 30 calendar days of who have resided in the city less than 30 calendar days of each yea' PIN (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 licensmg, such a tag on which shall be'nscnbed 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. 20 § 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. (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.0 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.0 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 vetennanan and released only if the veterinarian determines that the potbellied pig docs not exhibit signs of rabies, infection or any other dangerous, contagious and infectious diseases. (C) If it is determined that the potbellied pigis 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 State Department of Health Services or appropriate diagnostic laboratory for examination el\ § 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 ofpotbelliedpigwhich bites aperson who is in or on apublic 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. I, Article 6-6 shall be applicable to the keeping of potbellied pigs. 21 ON § 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 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.0 , Vol II, Land Development Code, Chapter 1, Zoning Ordinance, § 1-6-17, Animal Regualtions, as amended. . n areas t - or lot enS § 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. 22 ernk (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 watenng 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. OIN 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 ttle4 in the municipal court in the same manner as civil property maintenance violations are handled pursuant to Vol. I, § 9-1-4(D) Appeals shall be handled in the same manner pursuant to 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. Fine of First violation $250 Second violation of same code provision occurring within 24 months of first Fine of violation $500 Third violation of same code provision occurnng 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 occurnng 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 1 penalties, assessments, an order for forfeiture and destruction of an animal, and other court or 23 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 6-2-9 Impeding Enforcement Officer 6-2-10 Biting animals; quarantine 6-3-6 Vicious dogs f 24 DRAFT 4 - 6 - 15 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 "APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER 6, ANIMALS". 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: eN SECTION I IN GENERAL 1. That certain document entitled "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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, THIS DAY OF , 2015 RESOLUTION NO. 15-10 PAGE 1 OF 2 SIGNED AND ATTESTED TO THIS DAY OF , 2015. JOHN S. INSALACO Mayor ATTEST• emiN KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: RICHARD J. STERN City Attorney euN RESOLUTION NO. 15-10 PAGE 2 OF 2 DRAFT 4 - 6 - 15 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; AND PROVIDING FOR PENALTIES. WHEREAS, since the Mayor and City Council originally adopted Chapter 6 of the Apache Junction City Code ("A. J.0 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 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 April 6, 2015, and a public hearing on April 21, 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 "'IN use 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 Volume 1, Chapter 6 by repealing Chapter 6 of City Code Volume 1 in its entirety, and replacing it with an updated Chapter 6, to include the updated animal code provisions. ORDINANCE NO. 1414 1 OF 3 BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: 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 "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 anypart of the codesadopted 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, emIS Chapter 1, GENERAL, Article 1-8, PENALTY. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS DAY OF , 2015. SIGNED AND ATTESTED TO THIS DAY OF , 2015. JOHN S. INSALACO Mayor ORDINANCE NO. 1414 2 OF 3 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: /1 RICHARD J. STERN City Attorney ORDINANCE NO. 1414 3 OF 3 -. City of Apache Junction, Arizona 300 E Superstition Boulevard AZ 85119 �, Apache J ate;. Agenda Item Cover Sheet Agenda Item No 4 r2i4"".alFile ID. 15-56 Sponsor. Agenda Date.4/6/2015 Index. In Control. City Council Work Session r. Presentation by and discussion with Captain Freeman on Pinal County Animal Control Intergovernmental Agreement Attachments. City of Apache Junction,Arizona Page 1 Printed on 3/31/2015 Office of the Division of Administrative & Support Services Commander April 6, 2015 SUBJECT' Pinal County Animal Control Intergovernmental Agreement TO* Honorable Mayor and Membe of the City Council THROUGH Thomas Kelly, Chief of P. FROM Arnold Freeman, Captai 440 A primary staff duty is to insure appropriate agreements and understandings are in place to facilitate services when local resources are unavailable or diminished. This allows for continuity of service to our citizens, customers, and visiting pets Staff has been in contact with the Pinal County Animal Control Division to negotiate an Intergovernmental Agreement ("IGA") that would cover loss, interruption, or absence of animal care and control services in the City. The Pinal County Board of Supervisors has already approved the attached IGA The IGA is beneficial during community catastrophes or when staff is overwhelmed, lacks expertise or proper equipment to perform duties. Any significant reliance upon utilizing this IGA is unlikely based on our service history, however, it is necessary for the unexpected events that may arise Staff recommends the adoption of the attached IGA, which includes the following critical provisions- • p 2, § 2(A), Euthanasia emergency provisions • p 2, § 2(B), Rabies Testing • p 2 - 3, § 2(C), Boarding Services • p 3, § 2(E)(should be "D"), Temporary Animal Control Services (Exhibit A contains the schedule of reimbursement costs.) • p 3, § 3, Mutual Indemnification • p 4, §4, 2 year agreement term with automatic renewals • p 5, § 9, Conflict of Interest cases handling INTERGOVERNMENTAL AGREEEMENT BETWEEN CITY OF APACHE JUNCTION AND FINAL 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 pursuant to A R.S. § 11-951, et seq. 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 i. 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 i�. 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 Obligations: 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 set forth in Section 9 of this Agreement. S. 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 a 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 ,cA$A..L -, the State of Arizona 16)'Zji P� . By: r '�I�'- y�(� 14,61> Cheryl Chas', Penal CountyBoard of (2-44-- \*4 ,��,��� Y Supervisors Chairwoman EST:-aA - f/t-e : Sheri Cluff, �• Pinal County Clerk of the Board THE CITY OF APACHE JUNCTION, ARIZONA, an Arizona municipal corporation By:. John S. Insataco, Mayor ATTEST. Kathleen Connelly, City Clerk 6 COUNSEL APPROVAL AS TO FORM I 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. ando Voyles, Pinal Co my Attorney Date I 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. $42.00/hr. Temporary Animal Control Services-Monday through Friday from 7:00 p.m. to 7:00 a.m., weekends and holidays $63 00/hr. -4 City of Apache Junction, Arizona 300 E Superstition Boulevard 17rll '�' Apache Junction AZ 85119 rr ,; Agenda Item Cover Sheet No, Agenda Item No 5 'rli .74 File ID: 15-62 Sponsor Bryant Powell Agenda Date.4/6/2015 Index. Outside Scope of Council Priorities In Control. City Council Work Session A .. Presentation and discussion on Resolution No 15-12, renewing the city's membership with the Arizona Metropolitan Trust(AzMT), provider of medical and dental benefits for city employees, which expires on June 30, 2015 The city is a founding member of AzMT with El Mirage, Youngtown, and Avondale Starting on July 1, 2015,AzMT will consist of the four original city members and will be adding the employee groups of the County of Pinal and the Buckeye Valley Fire District Attachments. p City of Apache Junction,Arizona Page 1 Printed on 3/31/2015 eiN RESOLUTION NO. 15-12 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AUTHORIZING THE RENEWAL OF THE CITY' S MEMBERSHIP IN THE ARIZONA METROPOLITAN TRUST. WHEREAS, the City of Apache Junction ("City") is currently a participating entity in the Arizona Metropolitan Trust ("AzMT") which is the health insurance provider the City and other public entities have collectively chosen in 2012 pursuant to A.R.S. §11-952 . 01 for its health insurance needs; and WHEREAS, the City' s current term of membership as a participating entity shall expire on June 30, 2015; and WHEREAS, AzMT' s Board of Trustees has offered a renewal membership to Apache Junction commencing July 01, 2015; and WHEREAS, the City wishes to renew its participation in AzMT for a three (3) year membership period commencing July 01, 2015 and terminating June 30, 2018; and WHEREAS, renewal of the City' s membership in AzMT will serve the interest of the City and its employees . WHEREAS, AzMT authorizes each participating entity to designate one trustee for the Board of Trustees and allows for one other management level staff member employed by the same entity to serve as an alternate trustee. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUCNTION, ARIZONA, AS FOLLOWS: SECTION 1 - The Apache Junction City Council hereby authorizes the renewal of the City' s membership in AzMT for the period commencing July 01, 2015 and terminating June 30, 2018 . RESOLUTION NO. 15-12 Page 1 of 2 /mN ON SECTION 2 : The Apache Junction City Council hereby authorizes the City Manager serve as the trustee and a management level staff member employed by the City serve as an alternate trustee. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS DAY OF ON 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 RESOLUTION NO. 15-12 Page 2 of 2 Adak .011.a. �„oBoulevard rw City of Apache Junction, Arizona 300 E Superstition r Agenda Item Cover Sheet Apache Junction,AZ 85119 „, q g Agenda Item No 6 -r- .,E �'" File ID• 15-65 Sponsor. Emile Schmid Agenda Date•4/6/2015 Index. Community Infrastructure In Control. City Council Work Session Presentation and discussion on Apache Trail road improvements Staff will provide an update on the Apache Trail design and requests the mayor and city council consider a contract for PWC2014-01 Apache Trail Road Improvements- Phase 1 Staff recommends the city enter into a contract with Vincon, LLC in an amount not to exceed $266,178 30 Attachments. A . City of Apache Junction,Arizona Page 1 Printed on 3/31/2015 THERE IS ADDITIONAL INFORMATION ON THIS ITEM IN THE REGULAR MEETING SECTION UNDER ITEM ,� City of Apache Junction, AnLona Agenda Item Cover Sheet 300ESuperstition OCYO Boulevard g Apache Junction,AZ 85119 .K: / Agenda Item No 7 'r ;�' j File ID. 15-61 Sponsor. Bryant Powell and Matt Busby Agenda Date 4/6/2015 Index Community Infrastructure, Budgetary Item In Control City Council Work Session "" Presentation and discussion on Resolution No 15-11, approving and authorizing an interfund balance loan in an amount not to exceed $10,000,000 00 for roadway improvements, authorizing the taking of all other actions necessary to consummate the transaction contemplated by this resolution, and declaring an emergency The purpose of the proposed Resolution No 15-11 is to allow the City to accelerate street and road improvements by borrowing against projected receivables from the 0 2% Sales Tax established by Ordinance No 1406 and from state distributions of Highway User Revenue Funds As an alternative to selling bonds, placing bonds, and/or borrowing from an external third party to accelerate the street and road improvements, the City can lend funds internally from General Fund Balances In contrast to bonds or external third party loans, the City can reduce or eliminate interest expense, transaction costs, credit enhancement costs, and annual debt management costs through the proposed internal borrowing The proposed resolution is modeled after previous City resolutions that authorized bond issues and loans where the City obligated itself to repay bondholders or third party lenders While the proposed resolution follows these past precedents to create a repayment obligation, the advantage of the "Interfund Balance Loan"as documented by the resolution is that future Councils can respond to changing circumstances and amend the terms and conditions of the repayment Another advantage of the resolution as written is Council authorization for staff to notice existing or future lenders of the repayment obligation and the negotiable lien against the 0 2% Sales Tax The use of the terms"Interfund Balance"facilitates accounting and reporting of the obligation within reports to Council, budgets, and financial statements The term "Loan" is intended to convey Council intent to repay the General Fund In summary, this Resolution (1) documents an alternative to selling or placing debt, (2) creates an institutional memory that ensures the loan from the General Fund is documented and eventually repaid, (3) and creates a flexible authorization that can be rescinded or modified as circumstances change Attachments City of Apache Junction,Arizona Page 1 Printed on 3/31/2015 RESOLUTION NO. 15-11 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, APPROVING AND AUTHORIZING AN INTERFUND BALANCE LOAN IN AN AMOUNT NOT TO EXCEED $10, 000, 000; AUTHORIZING THE TAKING OF ALL OTHER ACTIONS NECESSARY TO CONSUMMATE THE TRANSACTION CONTEMPLATED BY THIS RESOLUTION; AND DECLARING AN EMERGENCY. WHEREAS, the Mayor and City Council of the City Apache Junction, Arizona ("City) has determined it is beneficial to its citizens to finance the costs to improve streets and roads (the "Project") ; and WHEREAS, the council has established a Highway User Revenue Fund ("HURF") for State and County intergovernmental funds designated for right-of-way acquisition, construction, reconstruction, maintenance, repair, and roadside development of roads, streets, and bridges; and WHEREAS, the council has established a two tenths-cent (0 . 2%) sales tax designated for the Project pursuant to Ordinance No. 1406 ("Project Sales Tax") ; and WHEREAS, the council has determined that it will be beneficial to its citizens to accelerate the completion of the Project; and WHEREAS, the council has determined it is beneficial to finance the Project through an Interfund Balance Loan from the city' s general fund in an amount not to exceed $10, 000, 000 and to ^ repay the Interfund Balance Loan from HURF, the Project Sales Tax, and any other lawfully available source. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA AS FOLLOWS: 1) The financing of the Project pursuant to the Interfund Balance Loan is in furtherance of the purposes of the city and in the public interest. 2) The terms and provisions of the Interfund Balance Loan shall be documented pursuant to this resolution (including Attachment A) as amended and restated by the council. The adoption of this resolution shall be conclusive evidence of approval of the Interfund Balance Loan. This resolution shall RESOLUTION NO. 15-11 Page 1 of 5 be and remain in effect until the Interfund Balance Loan has been paid, cancelled, and discharged. 3) The obligation of the city to pay the Interfund Balance Loan is limited to payment from HURF, the Project Sales Tax, and any other lawfully available source of repayment and shall not constitute nor give rise to a general obligation of the city or any claim against its ad valorem taxing powers, or constitute an indebtedness within the meaning of any eiN statutory or constitutional debt limitation applicable to the city. 4) The city manager and finance director shall disclose and provide notice of the Interfund Balance Loan to any existing or future lender or bondholder of any obligation of the city and its component units . Existing or future lenders can include, but are not limited to, the Greater Arizona Development Authority, Pinal County (Arizona) , and the Water Infrastructure Finance Authority of Arizona. As required by the terms of any prior or future obligation, the city manager and finance director are hereby directed and authorized to amend or negotiate the terms and provisions of any obligation to acknowledge and reference the Interfund Balance Loan as parity, subordinated, or junior obligation. 5) The city manager and finance director shall separately account for and present in budgets and financial statements the revenues and expenditures from the Project Sales Tax. As part of the annual budget process, the city manager and finance director shall present an annual accounting of the payments and projected payments to the general fund for the Interfund Balance Loan. ImN 6) All formal actions of the mayor and council concerning and relating to the passage of this resolution were taken in an open meeting of the mayor and council, and all deliberations of the mayor and council and of any committees that resulted in those formal actions were in meetings open to the public, in compliance with all legal requirements. 7) All acts and conditions necessary precedent to the Interfund Balance Loan to make it a legal, valid and binding obligation have been performed and have been met, in regular and due form as required by law, and no statutory, charter or constitutional limitation of indebtedness or taxation will have been exceeded by the Interfund Balance Loan. 8) If any section, paragraph, subdivision, sentence, clause or phrase of this resolution is for any reason held to be illegal RESOLUTION NO. 15-11 Page 2 of 5 / S or unenforceable, such decision will not affect the validity of the remaining portions of this resolution. The mayor and council hereby declare that it would have adopted this resolution and each and every other section, paragraph, subdivision, sentence, clause or phrase hereof and authorized the Interfund Balance Loan pursuant hereto irrespective of the fact that any one or more sections, paragraphs, subdivisions, sentences, clauses or phrases of this resolution may be held illegal, invalid or unenforceable. Pr,1 All resolutions or parts thereof, inconsistent herewith, are hereby waived to the extent only of such inconsistency. This waiver shall not be construed as reviving any resolution or any part thereof. 9) All actions of the officers and agents of the city which conform to the purposes and intent of this Resolution and which further the Interfund Balance Loan as contemplated by this resolution, whether heretofore or hereafter taken, are hereby ratified, confirmed and approved. The appropriate officials and officers of the city are hereby authorized and directed to take all action necessary or reasonably required to carry out, give effect to and to consummate the actions contemplated by this resolution, the Interfund Balance Loan, and the execution of any other documents reasonably required in connection therewith. 10) The immediate operation of the provisions of this resolution is necessary for the preservation of the public health and welfare; therefore, an emergency is hereby declared to exist and this resolution is enacted as an emergency measure and shall be in full force and effect from and after the passage and adoption by the mayor and council, as required by law, and this resolution is hereby exempt from the referendum PIN provisions of the constitution and laws of the State of Arizona. 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 15-11 Page 3 of 5 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: R. JOEL STERN City Attorney RESOLUTION -NO. 15 11 Page 4 of 5 RESOLUTION NO. 15-11 Attachment A Interfund Balance Loan As of April 6, 2015 Section A-1: Project Funding, Before Repayment oflnterfund Balance Loan 0 2% Sales Tax 5,204,040 General Fund 6,090,662 HURF 2,675,000 $ 13,969,702 Section A-2: Project Funding, After Repayment oflnterfund Balance Loan 0 2% Sales Tax 9,754,628 General Fund 340,074 HURF 3,875,000 $ 13,969,702 Section A-3: Project Expenses Fiscal 0 2% General Fiscal Year Year Year Sales Tax Fund HURF Total 2014-15 1 - - - $ - 2015-16 2 1,000,000 788,034 1,475,000 $ 3,263,034 2016-17 3 1,020,000 1,668,334 300,000 $ 2,988,334 2017-18 4 1,040,400 1,647,934 300,000 $ 2,988,334 2018-19 5 1,061,208 1,117,542 300,000 $ 2,478,750 2019-20 6 1,082,432 868,818 300,000 $ 2,251,250 Total $ 5,204,040 $ 6,090,662 $ 2,675,000 $ 13,969,702 Section A-4: Interfund Balance Loan .— Fiscal General Fund 0.2% Sales Tax HURF Loan Ending Year Year Loan Draws Repayment Repayment Balance 2014-15 1 - - - - 2015-16 2 788,034 - - 788,034 2016-17 3 1,668,334 - - 2,456,368 2017-18 4 1,647,934 - - 4,104,302 2018-19 5 1,1 17,542 - - 5,221,844 2019-20 6 868,818 - - 6,090,662 2020-21 7 - 1,104,081 300,000 4,686,581 2021-22 8 - 1,126,162 300,000 3,260,419 2022-23 9 - 1,148,686 300,000 1,811,733 2023-24 10 - 1,171,659 300,000 340,074 Total $ 6,090,662 $ 4,550,588 $ 1,200,000 $ 340,074 RESOLUTION NO. 15-11 Attachment A