HomeMy WebLinkAboutORD1310ORDINANCE NO. 1310
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, AMENDING VOLUME I OF THE APACHE
JUNCTION CITY CODE, BY REPEALING CHAPTER 6,ANIMALS,IN
ITS ENTIRETY; 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, Volume I relating to
Animal Code provisions,numerous amendments to this original
version have been approved by subsequent Councils; and
WHEREAS, as a result of these various amendments as well as
changes in current practice and procedure, portions of the existing
language are outdated and require revision; and
WHEREAS,staff has written an amendment whereby critical
concerns are addressed; 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 the
clerk of the municipality and are made available for public use and
inspection; and
WHEREAS, City staff has determined that for administrative
efficiency, it is more appropriate to update the Animal Code by
repealing Chapter 6 in its entirety,and replacing it with an
updated Chapter 6.
NOW, THEREFORE, 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 I, Chapter
6,Animals,is hereby repealed.
2. That certain document known as "Apache Junction City '
Code, Volume I, Chapter 6,Animals",three copies of Which
are on file in the office of the City Clerk, which document
ORDINANCE NO. 1310
PAGE 1 OF 3
was made a public record by Resolution No. 07-46 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 any part of the codes adopted
herein by reference are hereby repealed.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
referenced in the adopted
provisions adopted herein,
Misdemeanor consistent with
Chapter 1,GENERAL,Article
of its civil violation procedures as
regulations,any violation of any
shall be punishable as a Class 1
Apache Junction City Code, Volume I,
1-8 PENALTY.
PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION, ARIZONA, THIS 15THDAY OF APRIL
2008.
SIGNED AND ATTESTED TO THIS 18TH DAY OF APRIL ,2008.
JOWS. INSALACO
May64i
ATTEST:
KATHLEEN CONNELLY
City Clerk
ORDINANCE NO. 1310
PAGE 2 OF 3
APPROVED AS TO FORM:.
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1310
PAGE 3 OF 3
AMENDMENT TO APACHE JUNCTION CITY CODE, VOLUME I,
CHAPTER 6, ANIMALS
Article 6-1 RULES AND REGULATIONS
Section 6-1-1
Section 6-1-2
Section 6- 1 -3
Section 6- 1 -4
Section 6-1 -5
Section 6- 1 -6
Section 6-1 -7
Section 6-1-8
Section 6-1 -9
Section 6-1 -1 0
Section 6-1-1 1
Article 6-2
Definitions
Dangerous Animals
Noises
Strays; Housing
Swine Prohibited
Pet Shops
Commercial Dog Kennels
Personal Dog Kennels
Veterinary Hospitals
Wild Animals
Cruelty, Neglect and Abandonment
IMPOUNDING GENERALLY
Section 6-2-1
Section 6-2-2
Section 6-2-3
Section 6-2-4
Section 6-2-5
Section 6-2-6
Section 6-2-7
Section 6-2-8
Section 6-2-9
Section 6-2- 1 0
Article 6-3 DOGS
Section 6-3-1
Section 6-3-2
Section 6-3-3
Section 6-3-4
Section 6-3-5
Section 6-3-6
Section 6-3-7
Section 6-3-8
Section 6-3-9
Article 6-4
Scope of Article
Enforcement Officer
Impounding of Animals at Large
Notice to Owners of Impoundment
Conditions and Duration of Impoundment
Redemption of Impounded Animals
Unclaimed Impounded Animals
Impounding Fees
Impeding Enforcement Officer
Biting Animals; Quarantine
Licenses and Tags Generally
Rabies Vaccination Required
Running at Large
Impoundment
•Hearing on Disposition of Abused and Vicious Animals
Vicious Dogs
Owner Liability
Dogs Killing Animals, Livestock or Fowl
Dog Fecal Matter
CONTRACTUAL AGREEMENT
Section 6-4-1 Intergovernmental Agreements
Article 6-5 CONFINED ANIMALS
Section 6-5-1 Confined Animals in Motor Vehicles or Other Places of Endangerment
Section 6-5-2 Impoundment of Animals Found in Motor Vehicles
Section 6-5-3 Exceptions
Article 6-6 KEEPING OF ANIMALS
Section 6-6-I Maintenance of Property
Section 6-6-2 Sanitary Regulations
Section 6-6-3 Enforcement
Article 6-7 POTBELLIED PIGS
Section 6-7-1 Licenses and Tags
Section 6-7-2 Running at Large
Section 6-7-3 Impoundment
Section 6-7-4 Biting Pigs
Section 6-7-5 Owner Liability
Section 6-7-6 Keeping of Potbellied Pigs
Section 6-7-7 Number Permitted
Section 6-7-8 Commercial Breeding Prohibited
Article 6-8 KEEPING OF SWINE FOR SPECIAL PROJECTS
Section 6-8-1
Section 6-8-2
Section 6-8-3
Section 6-8-4
Section 6-8-5
Limitations on Location and Quantity
Time Limitations
Sanitary Conditions
Registration Re.quired .
Termination of Project
Article 6-9 VIOLATIONS
Section 6-9-1
Section 6-9-2
Civil Filings and Penalties
Criminal Filings and Penalties
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CHAPTER 6 ANIMALS
Article 6-1 RULES AND REGULATIONS
Section 6-1-1 Definitions
Section 6-1-2 Dangerous Animals
Section 6-1-3 Noises
Section 6-1-4 Strays; Housing
Section 6-1-5 Swine Prohibited
Section 6-1-6 Pet Shops
Section 6-1-7 Commercial Animal Kennels
Section 6-1-8 Personal Animal Kennels
Section 6-1-9 Veterinary Hospitals
Section 6-1-10 Wild Animals
Section 6-1-1 1 Cruelty and Neglect
Section 6-1-1 Definitions
A."Altered" means a spayed female or a neutered male.
B."Animal" means any mammal of a species that is susceptible to rabies, except humans and
livestock.
C."At large" means in any street, alley or other public place or on private property without
being attended by the owner or secured by physical restraint such as a leash, chain, or rope,
or is otherwise not confined in a secured enclosure.
D."Cat" means a member of the felis catus family.
E."Collar" means a band, chain, harness or suitable device worn around the neck of an animal
to which a license may be affixed.
F."Commercial kennel" means any establishment exclusive of one providing dental, medical or
surgical care or for quarantine purposes which maintains any dogs over three (3) months of
age for trade, business, profit or gain.
G."Dog" means a member of the canis familiaris family over the age of three (3) months.
H."Educational institution" means any public or private elementary or secondary school, or
secondary technical or vocational school.
I."Enforcement Officer"means any person delegated by the City Manager or his or her
designee who is responsible for the enforcement of this chapter and the regulations
promulgated thereunder.
J."Equine" means horses, mules, burros and asses.
K."Fowl" means a bird of any kind, domesticated or wild, including poultry.
L."Household"means all individuals who share the same residence,whether related or
unrelated.
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M."Impound" means 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.
N."Impound facility" means 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.
0."Kennel" means an enclosed controlled area in which a person keeps, harbors or maintains
dogs under controlled conditions.
P."Livestock" means bovine, equine, sheep, goats, swine, llamas and ratite.
Q."Manager" means a person duly authorized by the owner to conduct business, act as an agent
or otherwise carry out the legal rights and duties of the owner.
R."Manure" means refuse of stables, yards, corrals or barnyards consisting of animal, livestock
or fowl excreta with or without litter.
S."Owner" means any person over the age of eighteen (18) unless legally emancipated owning,
possessing, controlling, keeping, maintaining, harboring, or having custody of any animal or
claiming any legal interest in such animal. Indicators of ownership also include any license,
permit, certificate, registration or other documentation which establishes a legal interest in
such animal.
T."Person" means any individual, corporation, partnership, association or other legal entity.
U."Pet shops" means any commercial establishment at which animals, fowl or cold blooded
species are kept for sale, groomed or treated for vermin.
V."Potbellied pig" means only registered purebred miniature Vietnamese potbellied pigs or
other similar registered purebred miniature potbellied pigs.
W."Public Safety Director" means the person appointed by the City Manager pursuant to Article
3-6 of this code as the department head of the Public Safety Department of the City or his or
her appointed designee.
X."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.
Y."Registered", as it pertains to Article 6-7, means registration by the North American
Potbellied Pig Association.
Z."Responsible person" means any person over the age of eighteen (18) unless legally
emancipated currently exercising authority as delegated by the owner to care for and
supervise such animal, or such person who temporarily has the ability to control such animal
due to the owner's absence.
AA."Swine or pigs" means 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.
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BB."Unsanitary premises" means 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.
CC."Vaccination"means the administration of an anti -rabies vaccine to animals by a
veterinarian, or i.n an authorized impound facility by employees trained by a veterinarian
licensed by the State of Arizona.
DD."Veterinarian" means any veterinarian licensed to practice in Arizona or any veterinarian
employed in Arizona by a governmental agency.
EE."Veterinary hospital" means 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 conjunction with it or
as an integral part of it, pens, stalls, cages or kennels for quarantine, observation or boarding.
FF."Vicious animal" means 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.
GG."Wild,dangerous or undomesticated animal",shall be 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.
Such animals include, but are not limited to the following:
I.All poisonous animals including rear -fang snakes.
2.Bears (Ursidae)
3.Bison (Bison)
4.Cheetahs (Acinonyx jubatus)
5.Constrictor snakes, six feet in length or more.
6.Coyotes (Canis latrans)
7.Crocodilians (Crocodilia), 30 inches in length or More.
8.Deer (Cervidae): includes all members of the deer family, for example, white-tailed
deer, elk, antelope and moose.
9.Elephants (Elephas and Loxodonta)
10.Game cocks and other fighting birds
11.Hippopotami (Hippopotamidae)
12.Hyenas (Hyaenidae)
13.Jaguars (Panthera onca)
14.Leopards (Panthera pardus)
15.Lions (Panthera leo)
16.Lynxes (Lynx)
17.Non -human primates including prosimians, monkeys & apes
18.Piranha fish (Characidae)
19.Pumas (felis concolor); also known as cougars, mountain lions and panthers.
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20.Rhinoceroses (Rhinocero tidae)
21.Sharks (class Chondrichthyes)
22.Snow leopards (Panthera uncia)
23.Tigers (Panthera tigris)
24.Wolves (Canis lupus)
Section 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.
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.
Section 6-1-3 Noises
It is unlawful and hereby declared a public nuisance for any person to 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 communitjf or neighborhood or by a considerable number of persons.
Section 6-1-4 Strays; Housing
Any person who keeps or causes to be kept any horses, mules, cattle, burros, goats, sheep or 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.
Section 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 Article 6-7 of this code and registered purebred miniature Vietnamese potbellied pigs or other
similar registered purebred miniature potbellied pigs. Any such miniature pigs shall be subject to all
other conditions and requirements as set forth in Article 6-7 of this code.
Section 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.
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B.Animals which are unweaned, under the age of eight (8) weeks, or so young that their sale
would be injurious 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 time who will,at the request of any Enforcement Officer or other
designated authority, 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
twenty 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 belonging to
different 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 and 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.
Section 6-1-7 Commercial Dog Kennels
A.Any person who owns, maintains or harbors any dogs over three 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 twelve (12) months and will expire on
the first anniversary of the permit and shall be delinquent thirty (30) calendar days from the
date of expiration. Each subsequent permit that is issued will be valid for one year and will
expire on the respective anniversary date. The fee is established in Article 4-3 of this Code. A
late fee, as established in Article 4-3 of this code, 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.
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. Such kennel fee shall be paid to the Animal
Control Division of the Apache Junction 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
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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 premi'ses.
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,
orwhen such dog is injured or becomes,weak or ill.
J.Any violations of this chapter and Chapter 8 of this Code shall be cause to revoke any
commercial dog kennel permit. Said permit may be revoked by the Director of the
Department of Public Safety after notice and hearing. The notice, hearing and appeal
procedures shall be handled in the same manner as similar provisions set forth in Section 8-2-
10 of Chapter 8 of this code, except that for matters involving this chapter the Animal
Control Division shall assume the duties that the City Clerk is responsible for in Section 8-2-
10.
K.The Animal Control Division shall, within thirty (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.
Section 6-1-8 Personal Dog Kennels
A.Personal Dog Kennel Permits:
(i)Class 1 Permit:A Class 1 Permit for a personal dog kennel shall be required for any
person who owns, maintains or harbors from four to five dogs over three months of
age.
(ii)Class 2 Permit:A Class 2 Permit for a personal dog kennel shall be required for any
person who owns, maintains or harbors from six to eight dogs over three months of
age.
(iii)Any person who owns, maintains or harbors three or less dogs over three months of
age are not required to obtain a Personal Dog Kennel Permit.
(iv)The provisions of the Code of Federal Regulations, Title 9, Volume I, 9 CFR 3.6,
relating to animal floor space, shall be considered when granting the above -noted
permits.
(v)The permit provisions do not apply to emergency situations where a person or
nonprofit entity boards dogs, subject to the following conditions:
a. The person boarding dogs will submit a sworn and notarized statement that they
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are caring for the dogs for a rriaximum of thirty (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 two 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 thirty (30) calendar day period for each dog noted on the
original statement, as well as the name and contact information of the adopting
party.Extensions of the thirty (30)day time limit may be permitted at the
discretion of the Animal Control Division, but in no event shall such extension
exceed six (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.
(vi)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 twelve (12) consecutive months and
expire on the first anniversary of the permit and shall become delinquent thirty (30) calendar
days from the date of expiration.Each subsequent permit issued will be valid for a one year
period and expire on the respective anniversary date.The fee is established in Article 4-3 of
this code.A late fee shall be charged on all delinquent personal dog kennel permits, as
established by Article 4-3 of this code.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 veterinarian'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
neutering'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 be determined by an Enforcement Officer based on the size of the dog being
confined.
F.Any violations of this chapter and Chapter 8 of this Code shall be cause to revoke any
commercial dog kennel permit.Said permit may be revoked by the Director of the
Department of Public Safety after notice and hearing.The notice,hearing and appeal
procedures shall be handled in the same manner as similar provisions set forth in Section 8-2-
10 of Chapter 8 of this code, except that for matters involving this chapter, the Animal
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Control Division shall assume the duties that the City Clerk is responsible for in Section 8-2-
10.
G.Any dogs over the allotted number allowed will either be surrendered to the Animal Control
Division or to new homes found by the owner within a thirty-six (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 thirty (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.
Section 6-1-9 Veterinary Hospitals
A.The provisions of Section 6-1-6, subsections C, D, E, F, and G shall apply to veterinary
hospitals, as defined in Section 6-1-1 (EE). In addition, caged areas shall contain no less than
twenty 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.
Section 6-1-10 Wild Animals
A.No person shall harbor, maintain or control a wild, dangerous or undomesticated animal, as
defined in Section 6-1-1 (GG) of this Code, 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 fee, as established in Article 4-3 of this code,
shall be valid for twelve (12) consecutive months and shall be delinquent on the anniversary
of the date of issue each year. A late fee, as established in Article 4-3 of this code, shall be
charged on all delinquent special permits. No special permit fee shall be prorated or refunded
nor shall the permit be transferable. The Animal Control Division shall issue a special permit
if it finds:
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 Section
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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.
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 one million dollars ($1,000,000.00) for bodily injury to
or death of any person or persons or for damage to property 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. Such certificate of insurance or bond shall provide that no cancellation
of the insurance or bond will be made unless thirty (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 sixty (60) days prior
to such special event.
8.Any violation of this chapter shall be cause to revoke the special permit. Said permit
may be revoked by the director of the department of public safety after notice and
hearing. The notice and hearing shall be governed by the provisions of Chapter 8.
Section 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
overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, cruelly
beaten, mutilated, or killed and whomever, having charge or custody of an animal as owner
or otherwise, inflict unnecessary cruelty upon it, cruelly drive or work it when unfit for labor,
cruelly abandon it, or knowingly and willfully authorize or permit it to be subjected to
unreasonable or unnecessary torture, suffering or cruelty of any kind.
B.Neglect.The purpose of this subsection is to guarantee that animals under human custody or
control are housed in healthy environments and are provided with proper food, water, shelter,
medical care and ventilation.Any person owning or having care, custody or control of any
animal shall provide:
I .That the animal receives daily, food that is free from contamination and is of
sufficient quantity and nutritive value to maintain the animal in good condition.
"Contamination"means anything that is harmful to animals or livestock that
could lead to illness or death.
2.That potable water is accessible to the animal at all times, either free flowing or
in a clean receptacle.
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3.That,except for livestock,all animals have convenient access to natural or
artificial shelter throughout the year.Any such 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 naittral manner.Any,shelter which does not protect
the animal from temperature extremes or precipitation, or which does not provide
adequate ventilation shall not Comply with this section.Any shelter, all bedding
and any spaces accessible to the -animal shall be maintained in a manner which
minimizes the risk of the.anirnal contracting disease.; being injured, or becoming
infested with parasites.
4.That the animal receives care and medical 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.That 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 one -eighth of the
animal's total body weight and shall not be shorter than three 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 twenty-four (24) hours
without food, water or shelter.
D.Violations.Any violation of subsection (A), (B), or (C) shall be a Class One Misdemeanor.
Article 6-2 IMPOUNDING GENERALLY
Section 6-2-1
Section 6-2-2
Section 6-2-3
Section 6-2-4
Section 6-2-5
Section 6-2-6
Section 6-2-7
Section 6-2-8
Section 6-2-9
Section 6-2-10
Scope of Article
Enforcement Officer
Impounding of Animals at Large
Notice to Owners of Impoundment
Conditions and Duration of Impoundment
Redemption of Impounded Animals
Unclaimed Impounded Animals
Impounding Fees
Impeding Enforcement Officer
Biting Animals; Quarantine
Section 6-2-1 Scope of Article
The provisions of this article shall apply to the impoundment of all animals.
Section 6-2-2 Enforcement Officer
The council may contract for enforcement of the provisions of this chapter or the Director of the
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Department of Public Safety shall appoint an Enforcement Officer who shall be responsible for
enforcement of the provisions of this chapter.
Section 6-2-3 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
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.
Section 6-2-4 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 twenty-four
(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 seventy-two(72)consecutive business hours as set forth under Section 6-
2-7 below. 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 twenty-four (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.
Throughout this chapter,the phrase "consecutive business hours"does not include Saturdays,
Sundays or City holidays even if the Animal Control Division is open during these days.
Section 6-2-5 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 twenty-four(24)hours and treat them in a
humane manner during the time they are impounded. The duration of impoundment shall not be less
than three (3)days or seventy-two (72)consecutive business hours, unless sooner claimed by the
owner.
Section 6-2-6 Redemption of Impounded Animals
If the owner of any animal shall, within seventy-two (72)consecutive business hours after such
animal has been captured and impounded, apply to the Enforcement Officer and pay the fees and
charges authorized under this chapter, the Enforcement Officer shall deliver any such animal to the
owner.
Section 6-2-7 Unclaimed Impounded Animals
All animals, except livestock, captured and impounded under the provisions of this article which
have not been claimed and for which the fees and charges have not been paid to the Animal Control
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Division by the owner shall, after at least seventy-two (72) consecutive business hours have passed,
be destroyed or disposed of through adoption programs as the City deems appropriate, provided
however that any person may purchase such animal upon expiration of the impoundment, if he or she
pays all established impound fees and applies for the licensing and vaccination provisions of this
chapter.The Enforcement Officer may destroy impounded, sick or injured animals whenever such
destruction is necessary to prevent such an animal from suffering or to prevent the spread of disease.
Section 6-2-8 Impounding Fees
The Enforcement Officer shall collect from the owner of animals captured and impounded and duly
claimed by the owner, before delivering any such animals, such impoundment fee together with fees
for care and feeding as established in Article 4-3 of this code.
Section 6-2-9 Impeding_Enforcement Officer
It is unlawful for any person to, in any manner, interfere, intervene, impede, prevent, obstruct or
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 who shall rescue or attempt to rescue any animal so captured or to
release any animal so impounded.
Section 6-2-10 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, or shall have it
• impounded for at least ten (10) calendar days or a longer period 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, said 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 period 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 period 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.
Article 6-3 DOGS
Section 6-3-1 Licenses and Tags Generally
Section 6-3-2 Rabies Vaccination Required
Section 6-3-3 Running at Large
Section 6-3-4 Impoundment
Section 6-3-5 Hearing on.Disposition of Abused and Vicious Animals
Section 6-3-6 Vicious Dogs •
Section 6-3-7 Owner Liability
Section 6-3-8 Dogs Killing Animals, Livestock or Fowl
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Section 6-3-9 Dog FeCal Matter
Section 6-3-1 Licenses and Tags Generally
A.License fees, as established in Article 4-3 of this code, shall be paid for each dog three (3)
months of age and older that is kept, possessed, harbored or maintained within the boundaries
of the City for at least thirty (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 inscribed the name
of the City, the number of the license and the year of issue. All dog tags shall expire one 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 Article 4-3 of this code, 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.
'Section 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 veterinarian 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 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,signed by a veterinarian licensed to practice in that place or a veterinarian
employed by a governmental agency in 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 provisions for low-cost vaccinations. The vaccination shall be performed
by Animal Control personnel at the impound facility at a cost to be borne by the owner.
D.If a dog is impounded and found to be unvaccinated, the Enforcement Officer is hereby
authorized to cause such dog to be vaccinated at the'p'ound 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.
Section 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 Section 6-1-1 (C) of this Chapter. However, notwithstanding
such limitations, a dog is'deemed to be not "at large" under the following circumstances:
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1.While such dog is restrained by a leash, chain, rope or cord of not more than six feet
in length and of sufficient strength tO cdritrol action of Said cldg.
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 COmmi§§ion.
3.While said dog is actively engaged in dog obedience trAinirig,accompanied by and
under the control of the owner or trainer, provided that the 06i's'on training said dog
has.in their possession a dog leash of not more than six feet iii 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 has been approved by the
Enforcement Officer.
B.The Enforcement Officer shall apprehend and/or impound any dog running at large.
Section 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 personnel or other
qualified personnel which have been delegated such duty.
B.Impoundment fees together with fees for care and feeding, as established in Article 4-3 of
this code, shall be assessed for the impoundment of dogs.
Section 6-3-5 Hearing on Disposition of Abused and Vicious Animals
•A peace officer, City Enforcethent Officer or other officer who 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 Apache
Junction City Code § 6-1-1(FF).The court shall schedule the hearing within fifteen (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.
Section 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.
Section 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.
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B.The owner of an animal which bites a person who is in or on a public place or lawfully in or
on a private 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.•
Section 6-3-8 Dogs Killing Animals, Livestock or Fowl
A.If any person discovers a dog killing, wounding or chasing animals, livestock or fowl or
discovers a dog under circumstances which show conclusively that it has recently killed
animals, livestock or fowl, he or she may pursue, capture and surrender it to the Animal
Control Division.
B.The owner of a dog is liable for damages caused by the killing, wounding or chasing animals,
livestock or fowl.
Section 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 public
or private property, unless the property owner has given prior approval to use said property for this
purpose.
Article 6-4 CONTRACTUAL AGREEMENT
Section 6-4-1 Intergovernmental Agreements
,Section 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
Section 6-5-2 Impoundment of Animals Found in Motor Vehicles
Section 6-5-3 Exceptions
Section 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.
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Section 6-5-2 Impoundment of Animals Found in Motor Vehicles
A peace officer 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 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 prominent
place in the motor vehicle a written notice bearing the 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 seventy-two (72) business 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.
Section 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
Section 6-6-2 Sanitary Regulations
Section 6-6-3 Enforcement
Section 6-6-I 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 interferes with the comfortable enjoyment of life or property 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.
Section 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
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source of drinking 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 into consideration acts of nature
such as rainfall and wind, as well as.natural drainage courses and sloping terrain.
Section 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 any
animals which are maintained in such conditions in violation of this code in accordance with the
provisions as contained in Article 6-2 of this chapter.
Article 6-7 POTBELLIED PIGS
Section 6-7-1 Licenses and Tags
Section 6-7-2 Running at Large
Section 6-7-3 Impoundment
Section 6-7-4 Biting Pigs
Section 6-7-5 Owner Liability
Section 6-7-6 Keeping of Potbellied Pigs
Section 6-7-7 Number Permitted
Section 6-7-8 Commercial Breeding Prohibited
Section 6-7-1 Licenses and Tags
A.A license shall be required, with a fee as established in Article 4-3 of this Code, for each
potbellied pig four months of age or over that is kept, harbored or maintained within the
boundaries of the City for at least thirty (30) calendar days of each year. The license is valid
for twelve (12) months from the month of issue and shall expire if not renewed by the end of
each year. A penalty not to exceed three dollars ($3.00) shall be added to the license fee in
the event that the application is made subsequent to the date on which the potbellied pig is
required to be licensed under the provisions of this article. This penalty shall not be assessed
against applicants who furnish adequate proof that the potbellied pig to be licensed has been
in their possession less than thirty (30) calendar days or who have resided in the City less
than thirty (30) calendar days of each year.
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 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 license
tags shall expire twelve (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.
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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.
Section 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 Section 6-1-1 (C), 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.
Section 6-7-3 Impoundment
A.Impoundment regulations as contained in Article 6-2 of this chapter, except those applied to
livestock, shall apply to potbellied pigs.
B.:Impoundment fees together with fees for care and feeding, as established in Article 4-3 of the
Code, shall be assessed for the impoundment of potbellied pigs.
Section 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 subsection shall be ten (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 veterinarian and released
only if the veterinarian determines that the potbellied pig does not exhibit signs of rabies,
infection or any other dangerous, contagious and infectious diseases.
C.If it is determined- that the potbellied pig is 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.
Section 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
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under the ovvner'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 of potbellied pig which bites a person who is in or on a public 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.
Section 6-7-6 Keeping of Potbellied Pigs
The provisions of Article 6-6 of this chapter shall be applicable to the keeping of potbellied pigs.
Section 6-7-7 Number Permitted
No more than three potbellied pigs as defined in this chapter, with each animal weighing no more
than one hundred (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.
Section 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 Section 6-7-7.
Article 6-8 KEEPING OF SWINE FOR SPECIAL PROJECTS
Section 6-8-1
Section 6-8-2
Section 6-8-3
Section 6-8-4
Section 6-8-5
Limitations on Location and Quantity
Time Limitations
Sanitary Conditions
Registration Required
Termination of Project
Section 6-8-1 Limitations on Location and Quantity
Swine or pigs as defined in this Chapter shall be kept on minimum one -acre lots located only in areas
having the General Rural ("GR") zoning designation as defined in Apache Junction City Code,
Chapter II, Land Development Code, Chapter 1, Article 15, Section 15.0100. At no time shall the
number of swine or pigs exceed one per family nor shall the number exceed one per parcel or lot.
Section 6-8-2 Time Limitations
All such 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 such guidelines shall specify a period of time for termination
of the project. All such 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
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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.
Section 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.
B.The area in which such swine 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 watering
system with an automatic shut-off valve to terminate water flow, such as a lixit system.
Section 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.
Section 6-8-5 Termination of Project
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
Section 6-9-2
Civil Filings and Penalties
Criminal Filings and Penalties
Section 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 in the Apache Junction Municipal Court in the same manner as civil property maintenance
violations are handled pursuant to Apache Junction City Code Section 9-1-4(D).Appeals shall be
handled in the same manner pursuant to Apache Junction City Code Section 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:
First violation:
Second violation of same code provision occurring within
twenty-four (24) months of first violation:
Third violation of same code provision occurring within
twenty-four (24) months of first violation:
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Fine of $250.00
Fine of $500.00
Fine of $750.00
Section 6-9-2 Criminal Filings and Penalties .
A fourth violation of the same code provision in this chapter occurring within twenty-four (24)
months of the first violation shall be filed in the Criminal Division of the Apache Junction Municipal
Court as a Class 1 misdemeanor by the City Attorney's Office,which minimum fine shall be
$1,000.00 and a maximum fine of $2,500.00, a maximum of thirty-six (36) months probation, a
maximum of six (6) months jail time, and other provisions which the court has jurisdiction to impose,
such as applicable court -imposed penalties, assessments, and other court or probation fees.However,
violations of the following code provisions, whenever committed, single incident or repetitive, shall
always be handled as criminal Class One Misdemeanors with the above -noted minimum Class One
Misdemeanor penalties:
Section 6-1-11 Cruelty, Neglect and Abandonment
Section 6-2-9 Impeding Enforcement Officer
Section 6-2-10 Biting Animals; Quarantine
Section 6-3-6 Vicious Dogs
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