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HomeMy WebLinkAboutORD104ORDINANCE NO.104 AN ORDINANCE OF THE CITY OF APACHE JUNCTION AMENDING THE APACHE JUNCTION CITY CODE ARTICLE 6-1,RULES AND REGULATIONS,SECTIONS 6-1-5,PET SHOPS,6-1-6,ANIMAL KENNELS,ADDING SECTION 6-1-7,VETERINARY HOSPITALS; AMENDING ARTICLE 6-2,IMPOUNDING GENERALLY,SECTIONS 6-2-8,IMPOUNDING FEES,AND 6-3-2,LICENSES AND TAGS GENERALLY;PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING PENALTIES. SECTION I In General That Article 6-1,Rules and Regulations,Section 6-1-5, Pet Shops be amended to read as follows: Section 6-1-5 Pet Shops A.A "Pet Shop" shall mean any commercial establishment at which any animal or bird is kept for sale, bathed, groomed, clipped, or treated for vermin. B.No sick or injured animal shall be maintained on the premises of pet shops held or offered for sale. C.Animals which are unweaned or so young that their sale would be injurious to them shall not be sold, offered for sale, nor given away. D.Every person maintaining a pet shop shall cause a notice, framed and enclosed under glass containing the name, address and telephone numbers of persons to be notified during any hour of the day or night who will proceed immediately to the locations so as to permit entry to premises by the enforcement agent or his deputy, to be posted on the premises near the entrance, said notice to be in such a position as to be legible at all times from the sidewalk or ground level adjacent to the building. E.Dogs and cats kept in pet shop shall be caged so that each animal is afforded no less than twenty (20) square feet in area per each dog or cat.Each dog or cat over three months of age shall be kept in individual cages and at no time shall there be commingling of animals belongings to different owners. F.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, having 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 suitable non -porous material. G.The premises, implements, cages, yards, runs and appurtenances shall be kept clean, sanitary, free of animal and bird parasites and droppings, or other health hazards and shall be cleaned and disinfected at least once daily.Flies shall be controlled. H.Animals receiving medical care and quarantined animals shall not be commingled. I.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. That Article 6-1,Rules and Regulations,Section 6-1-6 Animal Kennels,Subsection D be amended to read as follows: Section 6-1-6(D)Animal Kennels A."Kennel" means any establishment exclusive of one providing dental, medical or surgical care or for quarantine purposes which maintains three animals of the same species over four months of age. B.Any person who owns, maintains or harbors more than three animals of the same species over four months of age must obtain a kennel permit. C.The kennel permit fee of $50.00 per year shall expire on the 1st day of January of each year and shall be deliquent on the 1st day of February of each year.No kennel permit fee shall be prorated or refunded nor shall the permit be transferable. D.It shall be the duty of the owner of the kennel to pay the kennel fee imposed to the animal control officer on or before the 1st day of February each year, or upon establishing a kennel in the City of Apache Junction.The animal control officer shall cause a notice of the necessity of paying such kennel permit fee to be printed in a newspaper published within the city at least once before the first day of February of each year. E.The permittee shall operate the kennel so as to eliminate excessive or untimely noise from animals and offensive odors from the kennel. F.The permittee shall retain the name, address and telephone number of the owner of each boarded animal and the license number of each animal.This register must be exhibited to the animal control officer or his deputy upon demand. G.The permittee shall retain the name and address of each person selling, trading or giving any animal to the kennel. H.The permittee shall provide an isolation ward for sick animals, sufficiently removed so as not to endanger the health of other animals. I.The permittee shall notify the owner of a boarded animal when such animal refuses to eat or drink, causing it to lose flesh, or when such animal inquired or becomes weak or ill. J.The provisions of Section 6-1-5,Pet Shops, subsections E, F, G, H, and I shall apply to animal kennels.In addition, caged areas shall contain no less than twenty (20) square feet per any dog or cat boarded and the outside run area shall be no less than forty (40) square feet per dog or cat. Section 6-1-7 Veterinary Hospitals A.The provisions of Section 6-1-5, Subsections E, F, G, H, and I shall apply to Veterinary Hospitals, as defined in Section 6-2-3.In addition, caged areas shall contain no less than twenty (20) square feet per any dog or cat boarded. B.Veterinary Hospitals 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 the animal enforcement agent or his designate. That Article 6-2,Impounding Generally,Section 6-2-8, Impounding Fees,be amended to read as follows: Section 6-2-8 Impounding Fees The enforcement agent shall collect from the owner of animals taken up and impounded and duly claimed by the owner, before delivering any such animals, an impoundment fee of $10.00 assessed for each time the animal is impounded and $3.00 for each day the enforcement agent cares for and feeds the animal. That Article 6-3,Dogs,Section 6-3-2,Licenses and Tags Generally,Subsections A, B, and D, be amended to read as follows: Section 6-3-2 Licenses and Tags Generally A.A license fee for five dollars ($5.00) 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, and shall be deliquent if not paid by January 31st of each year.A penalty not to exceed three dollars ($3.00) 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 to be licensed has been in their possession less than thirty (30) consecutive days or who have resided in the city less than thirty (30) days subsequent to January 31st of each year. 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 year of issue.All dog tags shall expire on December 31st of each year.The tag shall be attached to a collar or harness which shall be worn by the dog at all times except as otherwise -3- provided in this Article.Whenever a dog tag is lost, a duplicate tag shall be issued upon application by the owner.The fee for such duplicate tag shall be three dollars ($3.00). D.A guide dog belonging to a blind or hearing impaired person who is a resident of the State or who is a bona fide non-profit organization which is in the business of breeding, raising or training dogs that are to be used for guiding the blind or hearing impaired shall, upon application by the owner or orgainzation to the City and upon presentation of proof of said ownership and of current vaccination of the dog, be licensed pursuant to this Article without payment of a fee. SECTION II Repealing Any Conflicting Provisions All ordinances and parts of ordinances in conflict with the provisions of this Ordinance or any part of the Code adopted herein by reference, are hereby repealed. SECTION III Providing for Severability If any section, sub -section, 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 provisions of this Ordinance. 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. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA THIS 1ST DAY OF JULY 19 81. mayor ATTEST: e / ( 4.9 Z ,---f,"7--;) Cit erk L(PROVEAPPROVED AS TO FORM: -:4V-Attornev