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HomeMy WebLinkAboutORD68ORDINANCE NO.68 AN ORDINANCE OF THE CITY OF APACHE JUNCTION, ARIZONA AMENDING CHAPTER 6,ANIMALS,ARTICLE 6-2,IMPOUNDING GENERALLY,SECTIONS 6-2-1, 6-2-2 and 6-2-3; AND ARTICLE 6-3,DOGS,SECTIONS 6-3-1, 6-3-2, 6-3-4, 6-3-5; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR PENALTIES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL AS FOLLOWS: Section I In General That Article 6-2,Impounding Generally,Section 6-2-1, Scope of Article,be amended to read as follows: The provisions of this Article shall apply to the impoundment of all animals, except that, where applicable, the provisions of Article 6-3 shall apply to the impoundment of dogs. That Article 6-2,Impounding Generally,Section 6-2-2, Enforcement Agent,be amended to read as follows: The City Council may contract for enforcement of the provisions of this Chapter or the Director of the Department of Public Safety shall appoint an animal control officer who shall be responsible for enforcement of the provisions of this chapter. That Article 6-2,Impounding Generally,Section 6-2-3 Impounding of Animals at Large,be amended to read as follows: It shall be the duty of the Enforcement Agent 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 Agent 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 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 be at the invitation of the occupant. In this Article, unless the context otherwise requires: A."Animal" means any animal of a species that is susceptible to rabies, except man. B."At large" means on or off premises of owner and not under control of owner or other persons acting for the owner.Any dog in a suitable enclosure or confined shall not be considered to be running at large. C."Enforcement agent" means that person in the city who is responsible for the enforcement of this chapter and the regulations promulgated thereunder. D."Pound" means any establishment authorized for the confinement, maintenance, safekeeping and control of dogs and other animals that come into the custody of the enforcement agent in the performance of his official duties. E."Impound" means the act of taking or receiving into custody by the enforcement agent any dogs or other animal for the purpose of confinement in an authorized pound in accordance with the provisions of this article. F."Owner" means any person keeping an animal other than livestock for more than six consecutive days. G."Rabies quarantine area" means 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. H ."Vaccination" means the administration of an anti -rabies vaccine to animals by a veterinarian, or in authorized pounds by employees trained by a veterinarian. I."Veterinarian", unless otherwise indicated, means any veterinarian licensed to practice in Arizona or any veterinarian employed in Arizona by a governmental agency. J."Veterinary hospital" means any establishment operated by a veterinarian licensed to practice in the State of Arizona that provides clinical facilities and houses animals or birds for dental, medical or surgical treatment.A veterinary hospital may have adjacent to it or in conjunction with it or as an integral part of it, pens, stalls, cages, or kennels for quarantine, observation or boarding. That Article 6-3, Dogs, Section 6-3-1,Definitions,be amended to read as follows: The definitions in Section 6-2-3 shall apply unless the context requires otherwise, and in addition: A."Collar" means a band, chain, harness or suitable device worn around the neck of a dog to which a license may be affixed. B."Dog" means a member of the canis familiaris family. C."Dog violation citation" means a document issued by the enforcement agent or his duly authorized representative to a person who has violated the regulations of this Article commanding that person to appear in the magistrate court on a day named or, if desired, to pay the fine by mail. That Article 6-3,Dogs,Section 6-3-2,Licenses and Tags Generally,be amended to read as follows: A.A license fee of five dollars shall be paid for each dog four months of age or over that is kept, harbored, or maintained within the boundaries of the City for at least thirty (30) consecutive days of each calendar year.License fees shall become due on January 1st of each year.License fees shall be paid within ninety (90) days.A penalty not to exceed four dollars shall be added to the license fee in the event that application is made subsequent to the date on which the dog is required to be licensed under the provisions of this ordinance.This penalty shall not be assessed against applicants who furnish adequate proof that the dog is to be licensed has been in their possession less than thirty (30) consecutive days. B.Durable dog tags shall be provided.Each dog licensed under the terms of this article shall receive, at the time of licensing, such a tag on which shall be inscribed the name of the city, the number of the license, and the date on which it expires.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 tag shall be issued upon application by the owner and payment of a fee to the enforcement agent. C.The council may contract with the county or other agency to perform the licensing function and to enforce the provisions of this article. D.A guide dog belonging to a blind person who is a resident of the State or a bona fide nonprofit organization which is in the business of breeding, raising or training dogs that are to be used for guiding the blind shall, upon application by the owner or organization to the City and on presentation of proper proof, be vaccinated and licensed pursuant to this article without payment of a fee. E.It is unlawful for any person to counterfeit or attempt to counterfeit an official dog tag or remove such tag from any dog for the purpose of willful and malicious mischief or place a dog tag upon a dog unless the tag was issued to that dog. F.Whenever the ownership of a dog has been changed, the new owner must secure a transfer of license to such owner.A fee shall be charged to transfer any license. G.Dogs while being used for hunting or dogs while being exhibited at American Kennel Club approved shows or dogs while engaged in races approved by the Arizona Racing Commission and such dogs while being transported to and from such events need not wear a collar or harness with a valid license attached; provided, that they are properly vaccinated and licensed. H.The enforcement agenct shall apprehend and impound any dog found without a current valid license tag. That Article 6-3, Dogs, Section 6-3-4,Running at Large,be amended to read as follows: A.No person owning, keeping, possessing, harboring, or maintaining any dog shall allow said dog to be at large.A dog is not deemed to be at large: 1.While such dog is restrained by a leash, chain, rope, or cord of not more than six (6) feet in length and of sufficient strength to control action of said dog. 2.While such dog is used for control of livestock or while being used or trained for hunting or being exhibited or trained at a kennel club event or while engaged in races approved by the Arizona Racing Commission. 3.While said dog is actively engaged in dog obedience training, accompanied by and under the control of his owner or trainer, provided that the person training said dog has in his possession a dog leash of not more than six feet in length and of sufficient strength to control said dog, and, further, that said dog is actually enrolled in or has graduated from a dog obedience training school which as been approved by the enforcement agent. B.The enforcement agent shall apprehend and impound any dog running at large contrary to the provisions of this Section. That Article 6-3,Dogs,Section 6-3-5,Impoundment,be amended to read as follows: A.Each unlicensed dog impounded shall be kept and maintained at the pound for a minimum of three (3) days.At the expiration of the impoundment period, anyone may claim the dog; provided that such person pays all established pound fees and complies with the licensing provisions of this article within seventy-two (72) hours.If no person claims the dog, the enforcement agent may dispose of the dog in a humane manner. B.Impoundment cost shall be $10.00 assessed for each time a dog is impounded and $3.00 for each day the enforcement agent cares for and feeds the dog. Section II Repeal of Conflicting Ordinances All ordinances and parts of ordinances in conflict with the provision of this ordinance or any part of the Code adopted herein by reference are hereby repealed. Section III Severability If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the Code 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 Penalty Any person found guilty of violating any provisions of this Ordinance shall be guilty of a misdemeanor, and upon conviction thereof shall be punished by a fine not to exceed $1,000.00 or imprisonment for a period of six (6) months, or by both such fine and imprisonment.Each day that a violation continues shall be a separate offense punishable as hereinabove described. Section V Emergency It is necessary for the preservation of the peace, health and safety of the City of Apache Junction, Arizona, an emergency is declared to exist, and this Ordinance shall become immediately operative and in force from and after the date of posting hereof. PASSED AND ADOPTED BY THE MAYOR AND COMMON COUNCIL this 17th day of September ,1980. ATTEST: ) e i . / 6 1 1 2 4'4 /e're-4; City Cler APPROVED AS TO FORM: City Attorney