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HomeMy WebLinkAboutORD461ORDINANCE NO.461 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 RENUMBERING ARTICLE 6-7 KEEPING OF ANIMALS TO CONFORM AND BY ADDING SECTION 6-7-3(E);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 renumbering Article 6-7 KEEPING OF ANIMALS to conform and by adding Section 6-7-3(E),to read as follows: ARTICLE 6-7 KEEPING OF ANIMALS Section 6-7-1 Section 6-7-2 Section 6-7-3 Section 6-7-4 Definitions Maintenance of Property Sanitary Regulations Enforcement Section 6-7-1 Definitions. A."Animal"shall mean all mammals (excluding man),birds,fowl and rodents, and shall include all equine such as horses,mules and donkeys. B."Manure"shall mean refuse of stables,yards,corrals,or barn yards consisting of mammal or fowl excreta with or without litter. C."Sanitary Premises"shall mean those premises on which problems arising from odors,insect and rodent breeding,or any other condition which constitutes a nuisance are prohibited or non-existent. Section 6-7-2 Maintenance of Property A.No person,firm or corporation shall be premitted to keep animal in such a manner that the condition of such animal fly breeding,rodent breeding,cause noxious or offensive constitute a nuisance. or harbor any shall cause odors or 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. Section 6-7-3 Sanitary Regulations A.Manure shall be completely removed form any yard,corral,barn,enclosure or any other structure used for the purpose of housing,keeping or caring for any animal or animals as often as necessary to maintain a sanitary premises. B.Drinking troughs 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 or mosquitos or other noxious insects. C.Manure shall not be accumulated in any place or in any manner whereby i t may affect a source of drinking water or groundwater. ORDINANCE NO.461 PAGE ONE OF TWO D.Spillage and leftovers from animal feedings shall be disposed of in such a menner that fly breeding,rodent breeding and/or obnoxious odors do not exist. E.Manure shall be contained on the property on which the animal or animals generating the manure are kept or harbored so as to prevent the manure from entering onto an adjoining property.Containment procedures must consider acts of nature such as rainfall and wind, as well as natural drainage courses and sloping terrain. Section 6-7-4 Enforcement A.All animals shall be kept or harbored with adequate food,water and care in accordance with the provisions of this chapter.I t shall be the duty of the humane officer to take into custody any animals which are main- tained in such conditions as to be in violation of this code in accordance with the provisions as contained in Article 6-2 of this chapter. 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,phrase,clause or portion of this ordinance or any part of the code adopted herein by reference is,for any reason,held to be invalid 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,except as otherwise provided in this code,shall be guilty of a misdemeanor,and upon conviction thereof shall be punished by a fine of not to exceed one -thousand dollars or by imprisonment for a period of not to exceed six 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 CLAUSE I t being necessary for the preservation of the peace,health and safety of the City of Apache Junction that this ordinance become effective immediately, an emergency is hereby declared to exist and this ordinance shall become effective upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 17TH DAY OF DECEMBER ,1985 . ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: City Attorney NORMAN S.HILL Mayor