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HomeMy WebLinkAboutORD371ORDINANCE NO.371 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF. APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE,CHAPTER 6 ANIMALS,BY ADDING ARTICLE 6-6 CONFINED ANIMALS;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;PROVIDING PENALTIES;AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code,Chapter 6 ANIMALS,be amended by adding Article 6-6 CONFINED ANIMALS,to read:as follows: Article 6-6 CONFINED ANIMALS • 6-6-1 Confining Animals 6-6-2 Responsibility of Motor Vehicle Owner 6-6-3 Exceptions 6-6-4 Authority of Peace Officer or HUmane Officer Sec.6-6-1 Confining Animals 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 under such conditions or for such a period of time as may endanger the health or well-being of such animal due to heat,lack of food or drink,or such other circumstances as may reasonably be expected to cause suffering, disability or death. Sec.6-6-2 Responsibility of Motor Vehicle Owner No person having dominion or control over a motor vehicle as owner or otherwise,shall place or confine an animal or allow an animal to be placed or confined or to remain in a motor vehicle under such conditions or for such period of time as may endanger the health or well-being of such animal due to heat,lack of food or drink,or such other circumstances as may reasonably be expected to cause suffering,disability or death. Sec.6-6-3 Exceptions Nothing in this article shall be deemed to prohibit the transpor- tation of horses,cattle,sheep.poultry or other agricultural livestock in trailers or other vehicles designed and constructed for such purpose. Sec.6-6-4 Authority of Peace Officer or HUmane('Officer A peace officer or human officer who finds an animal in a motor vehicle in violation of this article may break and enter the motor vehicle i f necessary to remove the animal.The officer removing the animal shall take the animal to an animal shelter or other place of safekeeping and shall,in the event the person having custody cannot be otherwise contacted,leave in a prom- inent place in the motor vehicle a written notice bearing his name and office and the address where the animal may be claimed by the owner thereof.The animal will be surrendered to the owner i f the owner claims the animal within 10 days from the time the animal was removed from the motor vehicle and pays all reasonable charges that have accrued for the maintenance of the animal.I f the owner fails to claim the animal within 5 days after its removal from the motor vehicle,the person or animal ORDINANCE NO.371 PAGE ONE OF TWO shelter having custody of the animal will make reasonable effort to contact the owner and give notice that the animal is in their custody and may be reclaimed by the owner upon payment of the reasonable maintenance charges.In the event the owner cannot be contacted,or expresses no interest in reclaiming the animal within 5 days after contact or efforts.:to contact,the person or animal shelter having custody of the animal may dispose of the animal in any reasonably humane manner. SECTION I I 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 I f 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 juris- diction,such decision shall not affect the validity of the remaining portions thereof. SECTION IV PROVIDING PENALTIES Any person found guilty of violating any provision of this code shall be guilty of a misdemeanor and,upon conviction thereof,shall be punished by a fine not exceeding one -thousand dollars or by imprisonment for a period not exceeding 6 months or by_both such fine and imprisonment.Each day that a violation con- tinues shall be a separate offense punishable as herein above described. SECTION V EMERGENCY CLAUSE I t being 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 farce from and after the date of adoption and posting hereof. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 7TH DAY OF MAY ,1985. ENDELL J.CLAR Mayor ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: AVN F.ALEX City )kttorney ORDINANCE NO.371 PAGE TWO OF TWO