HomeMy WebLinkAboutORD1414ORDINANCE NO. 1414
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY
OF APACHE JUNCTION,ARIZONA,AMENDING APACHE JUNCTION
CITY CODE,VOLUME 1,BY REPEALING CHAPTER 6,ANIMALS,
AND ADOPTING BY REFERENCE A NEW CHAPTER 6,ANIMALS;
REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR
SEVERABILITY; PROVIDING FOR PENALTIES; AND ESTABLISHING
AN EFFECTIVE DATE.
WHEREAS, since the Mayor and City Council originally adopted
Chapter 6 of the Apache Junction City Code ("A.J.C.C."), Volume 1
relating to Animal Code provisions in 1980,numerous amendments
have been subsequently approved; and
WHEREAS, over time as a result of these various amendments as
well as historical practice and procedure,portions of the code
have become outdated and require continuing revision; and
WHEREAS,staff recommends certain changes to Chapter 6 to
keep up with the current laws and operational efficiency at the
Paws and Claws Care Center; and
WHEREAS,a work session on June 15,2015 and a public
hearing on June 16,2015,were held to discuss the amendments;
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,pursuant to A.R.S.§§9-801(1)and 9-802,codes
which may be adopted by reference include those relating to
animal control facility regulation; and
WHEREAS,City staff has determined that for administrative
efficiency,it is more appropriate to update the city code by
repealing Chapter 6 of Apache Junction City Code Volume 1 in its
entirety, and replacing it with an updated Chapter 6, to include
the updated animal code provisions.
Leu
BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION, ARIZONA, AS FOLLOWS:
ORDINANCE NO. 1414
1 OF 3
SECTION I IN GENERAL
1. That existing Apache Junction City Code, Volume 1,Chapter
6,Animals,is hereby repealed in its entirety.
2. That certain document known as "2015 Amendments to the
Apache Junction City Code,Volume 1,Chapter 6,Animals",
three copies of which are on file in the office of the City
Clerk, which document was made a public record by Resolution
No. 15-10 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 of its civil violation procedures as
referenced in the adopted regulations,any violation of any
provisions adopted herein,shall be punishable as a Class 1
Misdemeanor consistent with Apache Junction City Code, Volume 1,
Chapter 1,GENERAL,Article 1-8,PENALTY.
SECTION V ESTABLISHING AN EFFECTIVE DATE
This ordinance shall take effect on September 1, 2015.
APPROVED AND ADOPTED BY TpE MAYOR AND CITY COUNCIL OF THE CITY OF
APACHE JUNCTION THIS /(/DAY OF j Ave , 2015.
SIGNED AND ATTESTED TO THIS / ? D A Y OF %.441.45-, 2015.
ORDINANCE NO. 1414
2 OF 3
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
6 8 .15
RICHARD J. STERN
City Attorney
ORDINANCE NO. 1414
3 OF 3
Attachment
2015 AMENDMENTS TO THE APACHE JUNCTION CITY CODE,
VOLUME 1, CHAPTER 6,ANIMALS
Article
6-1.Rules and Regulations
Impounding Generally
Dogs
Contractual Agreement
6-5.Confined Animals
Keeping of Animals
Potbellied Pigs
6-8.Keeping of Swine for Special Projects
6-9.Violations
ARTICLE 6-1:Rules and Regulations
Section
6-1-1 Definitions
6-1-2 Dangerous animals
6-1-3 Noises
6-1-4 Strays; housing
6-1-5 Swine prohibited
6-1-6 Pet shops
6-1-7 Commercial dog kennel permits
6-1-8 Personal dog kennel permits
6-1-9 Veterinary hospitals
6-1-10 Wild animals
6-1-11 Cruelty and neglect
§ 6-1-1 DEFINITIONS
For the purpose of this article, the following definitions shall apply unless the context clearly
indicates or requires a different meaning:
Abandonment.To desert, forsake, or give up an animal without having secured another owner or
custodian for the animal, or by failing to provide the elements of basic care (food, water and
shelter).
A.JC.C.Apache Junction City Code.
Altered.A spayed female animal or a neutered male animal.
Animal.Any mammal of a species that is susceptible to rabies, except humans and livestock.
At Large.In any street, alley, public park, private or public school property or other public place
or on other private property without being secured by physical restraint such as a leash, chain, or
rope, or is otherwise not confined in a secured enclosure.
Cat.A member of the Felis catus family.
Collar.A band, chain, harness or suitable device worn around the neck of an animal to which a
license may be affixed.
Commercial Dog Kennel.Any establishment exclusive of one providing dental, medical or
surgical care which maintains any dogs over 4 months of age for trade, business, profit or gain.
Commercial Dog Kennel Permit.City authorization provided under § 6-1-7 allowing operation of
a commercial dog kennel.
Consecutive Business Days.Monday through Friday are considered business days; business days
do not include Saturdays, Sundays or city holidays even if the animal control division is open
during these days.
Contamination.Anything that is harmful to animals or livestock that could lead to illness or death.
Cruel Mistreatment.To torture or otherwise inflict physical injury upon an animal or to kill an
animal in a manner that causes suffering to such animal.
Cruel Neglect.To fail to provide an animal with food, water or shelter or medical treatment
required to maintain health.
Dog.A member of the Canis familiaris family.
Educational Institution.Any public or private elementary or secondary school, or secondary
technical or vocational school.
Enforcement Officer.Any certified peace officer, or any City of Apache Junction animal control
officer.
Equine.Horses, mules, burros and asses.
Fee.Amounts enumerated in A.J.C.C., Vol. I, § 4-7.
Food.A substance of sufficient quantity and nutritious value to maintain each animal in good
health, provided at suitable intervals but at least once daily or as otherwise prescribed by a licensed
veterinarian, appropriate to the species.
Fowl.A bird of any kind, domesticated or wild, including poultry.
Household.All individuals who share the same residence, whether related or unrelated.
Impound.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.
2
Impound Facility.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.
Intentionally.With respect to a result or to the conduct described by a statute defining an offense
where a person's objective is to cause that result or to engage in that conduct.
Kennel.An enclosed controlled area inaccessible to other animals, in which a person keeps,
harbors or maintains dogs under controlled conditions.
Knowingly.With respect to conduct or to a circumstance described by a statute defining an
offense, that a person is aware or believes that the person's conduct is of that nature or that the
circumstance exists; it does not require any knowledge of the unlawfulness of the act or omission.
Livestock Bovine, equine, sheep, goats, swine, llamas and ratite.
Manager.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.
Manure.Refuse of stables, yards, corrals or barnyards consisting of animal, livestock or fowl
excreta with or without litter.
Medical Attention.Recommended procedures used to treat a particular disease, injury, infestation
or ailment which an animal may have in order to heal, alleviate, or lessen the effects of such
condition, or to prevent the animal from pain and suffering; treatment may be administered by
either a licensed veterinarian appropriate to the species or the person who has custody or control
of such animal depending on the severity of the condition and the knowledge, skills and ability of
the person to provide the proper treatment.
Owner.Any person exercising care, custody or control of any animal for more than six consecutive
calendar days 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.
Person.Any individual, corporation, partnership, association or other legal entity.
Personal Dog Kennel.Any location where more than 4 dogs are kept, owned or controlled by a
person or entity for companionship, enjoyment of the species, or for training for field working or
obedience trials or exhibition for organized shows.
Personal Dog Kennel Permit.City authorization provided under § 6-1-8 allowing a personal dog
kennel.
Pet Shops.Any commercial establishment at which animals, fowl or cold blooded species are kept
for sale, groomed or treated for vermin.
Potbellied Pig.Only registered purebred miniature Vietnamese potbellied pigs or other similar
registered purebred miniature potbellied pigs.
Protracted Suffering.Allowing an animal to continue suffering a painful condition.
Public Nuisance.An odor or noise that interferes with the comfortable enjoyment of life or
property by an entire coMmunity or neighborhood or by a considerable number of persons; when
investigating public nuisance allegations, the enforcement officer shall take into consideration all
3
factors which support any such allegations, including but not limited to: distances in which the
complaining parties live from the offensive premises, number of complaining witnesses, number
of complaining parties residing on the street or in the vicinity of the offensive premises, duration
that the conditions existed, prior history of similar complaints, and communications between the
complainants and offending party.
Public Safety Director.The person appointed by the city manager pursuant to A.J.C.C., Vol. I,
Article 3-6 as the department head of the public safety department of the city or his or her appointed
designee.
Rabies Quarantine Area.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.
Recklessly.With respect to a result or to a circumstance described by a statute defming an offense,
which a person is aware of and consciously disregards a substantial and unjustifiable risk that the
result will occur or that the circumstance exists; the risk must be of such nature and degree that
disregard of such constitutes a gross deviation from the standard of conduct that a reasonable
person would observe in the situation; a person who creates such a risk but who is aware of such
risk solely by reason of voluntary intoxication also acts recklessly with respect to such risk.
Responsible Person.Any person currently delegated by the owner to exercise care, custody or
control of an animal for more than six consecutive calendar days.
Shelter.A protection from the elements,either manmade or natural with regards to the
geographical locations and the type of protection needed located within an animal's enclosure, in
order to allow the animal free choice to utilize such protection.Notwithstanding the previous
sentence, shelter is not required for livestock.
Swine or Pigs.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.
Unsanitary Premises.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.
Vaccination.The administration of an anti -rabies vaccine to animals by a veterinarian, or an
authorized impound facility by employees trained by a veterinarian licensed by the State of
Arizona.
Veterinarian.Any veterinarian licensed to practice in Arizona or any veterinarian employed in
Arizona by a governmental agency.
Veterinary Hospital.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.
Vicious Animal.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
4
injured shall be a defense to any action for damages or petition for declaration of viciousness.
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.
Water.A transparent, odorless, and tasteless liquid compound of hydrogen and oxygen, of ambient
temperature in sufficient volume as needed to maintain normal hydration for an animal.
Wild, Dangerous or Undomesticated Animal.
(1)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. Wild, Dangerous,
or Undomesticated animal includes:
(a)All venomous animals including rear -fang snakes;
(b)Bears (Ursidae species "spp.");
(c)Bison (Bison spp.);
(d)Cheetahs (Acinonyx jubatus);
(e)Constrictor snakes, 6 feet in length or more;
(f)Coyotes (Canis latrans);
(g)Crocodilians (Crocodilia spp.), 30 inches in length or more;
(h) Deer (Cervidae spp.): includes all members of the deer family, for example, white
tailed deer, elk, antelope and moose;
(i)Elephants (Elephas spp. and Loxodonta spp.);
(j)Game cocks and other fighting birds;
(k)Hippopotami (Hippopotamidae spp.);
(1)Hyenas (Hyaenidae spp.);
(m)Jaguars (Panthera onca);
(n)Leopards (Panthera pardus);
(o)Lions (Panthera leo);
(p)Lynxes (Lynx spp.);
(q)Non -human primates including prosimians, monkeys and apes;
(r)Piranha fish (Characidae spp.);
(s)Pumas (Felis concolor);also known as cougars, mountain lions and panthers;
(t)Rhinoceroses (Rhinocero tidae);
(u)Sharks (class Chondrichthyes);
(v)Snow leopards (Panthera uncia);
(w)Tigers (Panthera tigris);
(x)Wolves (Canis lupus).
§ 6-1-2 DANGEROUS ANIMALS
(A)It is unlawful to permit any dangerous, or 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 public safety director.
(B)Only 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, 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.
§ 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 community or neighborhood or by a considerable number of
persons.When investigating public nuisance allegations, the enforcement officer shall take into
consideration all factors which support any such allegations, including but not limited to: distances
in which the complaining parties live from the offensive premises, number of complaining
witnesses, number of complaining parties residing on the street or in the vicinity of the offensive
premises,duration that the conditions existed,prior history of similar complaints,and
communications between the complainants and offending party.
§ 6-1-4 STRAYS;HOUSING
Any person who keeps or causes to be kept any horses, mules, cattle, burros, goats, sheep, other
livestock or poultry, shall keep such animals in a pen or similar enclosure to prevent their roaming
at large.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.
§ 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 A.J.C.C., Vol. I, Article 6-7,and registered purebred miniature Vietnamese potbellied
pigs or other similar registered purebred miniature potbellied pigs. Any miniature pigs shall be
subject to all other conditions and requirements as set forth in A.J.C.C., Vol. I, Article 6-7.
§ 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.
6
(B)Animals which are unweaned, under the age of 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
20 square feet in area per each dog or cat. Each dog or cat over 3 months of age shall be kept in
individual cages.
(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, 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.
§ 6-1-7 COMMERCIAL DOG KENNEL PERMITS
(A)Any person who owns, maintains or harbors any dogs over 3 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 12 months and will expire on the first
anniversary of the permit.A renewal is required within 30 calendar days from the date of
expiration, otherwise the matter will be considered delinquent, and a late fee, as established in
A.J.C.C., Vol. I, Article 4-3, shall be charged. Each subsequent permit that is issued will be valid
for 1 year and will expire on the respective anniversary date. The fee is established in A.J.C.C.,
Vol. I, Article 4-3.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 dog kennel permit can be issued. The owner/manager of any commercial dog kennel
shall obtain and have on display a valid city license as required by A.J.C.C., Vol. I, Chapter 8,
Business, Article 8-1, General Business and Licensing Provisions.
(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. The kennel fee shall be paid to the animal control
division of the police department.
7
(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 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 premises.
(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,
or when such dog is injured or becomes weak or ill.
(J)Any violations of this chapter and Vol. I, Chapter 8, shall be cause to revoke any commercial
dog kennel permit. The permit may be revoked by the public safety director after notice and
hearing. The notice, hearing and appeal procedures shall be handled in the manner set forth below
in §6-1-7 (L).
(K)The animal control division shall, within 30 calendar days before the annual renewal date
for the commercial dog 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.The public safety director may
cause random inspections anytime it is deemed necessary from 8:00 a.m. - 5:00 p.m., Monday
through Friday without notice to the kennel proprietor.
(L)Notice, hearing and appeal procedure:
(1)To suspend or revoke a permit, the animal control division shall deliver or mail by
certified mail to the business address as shown by the permit application, a written notice that such
permit is suspended or revoked. The reason for such suspension or revocation shall be set forth in
the notice. The notice shall also contain the permittee's rights and procedures to appeal such
suspension or revocation. A suspended or revoked permit shall be surrendered to the animal control
division on demand.
(2)The animal control division shall grant on demand to any permittee whose permit has
been revoked or suspended a full hearing on the merits of such suspension or revocation. Appeal
of the animal control division's action to a hearing officer appointed by the public safety director,
pursuant to section (3) below, shall not be had prior to the hearing.Demand for hearing shall be
made within 10 working days of receipt of the animal control division's notice of suspension or
revocation, and failure to demand a hearing within that time will constitute a full waiver. After
considering evidence presented at the hearing, the animal control division shall make a decision to
uphold or repeal the permit suspension or revocation; and shall deliver or mail by certified mail to
the business address as shown on the permit application the results of the decision.
(3)Any person aggrieved by the animal control division's decision pursuant to section (2)
above shall have the right of appeal to the designated hearing officer. The appeal shall be filed
with the public safety director within 14 working days after receipt of the animal control division's
8
decision. The appeal shall contain a written statement setting forth fully the grounds for the appeal.
The hearing officer shall set a time and place for a hearing on such appeal and notice of such
hearing shall be given to the applicant in the same manner as provided for notice of hearing on
revocation. The decision and order of the hearing officer shall be final and conclusive, except any
person aggrieved may pursue any proper judicial proceedings under state law.
(4)No person may reapply for any permit after denial, revocation or non -renewal of such
permit unless the cause for such denial, revocation or non -renewal has been removed or corrected.
(M) A commercial dog kennel permit shall not be issued or renewed to any person who has been
convicted of a violation of A.R.S. §§ 13-2910 (cruelty to animals) or 13-2910.01 (dog fighting),
or any other state, county, or municipal animal welfare law, except civil violations of leash laws.
§ 6-1-8 PERSONAL DOG KENNEL PERMITS
(A)Personal dog kennel permits.
(1)Class I permit.A Class 1 permit for a personal dog kennel shall be required for any
person who owns, maintains or harbors from 4 to 5 dogs over 3 months of age.
(2)Class 2 permit.A Class 2 permit for a personal dog kennel shall be required for any
person who owns, maintains or harbors from 6 to 8 dogs over 3 months of age.
(3)Class 3 permit.A Class 3 permit for a personal dog kennel shall be required for any
person who owns, maintains, or harbors from 9 to 12 dogs over 3 months of age.
(4)Any person who owns, maintains or harbors 3 or less dogs over 3 months of age is not
required to obtain a personal dog kennel permit.
(5)The provisions of Code of Federal Regulations, Title 9, Volume I, § 3.6, relating to
animal floor space, shall be considered when granting the above -noted permits.
(6) 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 are caring for the dogs fora maximum of 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 2 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 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 30 -day time limit
may be permitted at the discretion of the animal control division, but in no event shall such
extension exceed 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.
(7)Any service animal as defined under applicable Arizona law including but not limited
to A.R.S. §§ 9-500.32, 11-1024, and 13-2910, is not to be counted toward the maximum allowed
9
dogs under this section, and no license fees shall be applied for such animals pursuant to A.R.S. §
9-500.32, nor any search and rescue dog as set forth in A.R.S. § 9-500.32.
(B)Each personal dog kennel permit shall be valid for 12 consecutive months and expire on
the first anniversary of the permit and shall become delinquent 30 calendar days from the date of
expiration. Each subsequent permit issued will be valid for a 1 -year period and expire on the
respective anniversary date. The fee is established in A.J.C.C., Vol. I, Article 4-3. A late fee shall
be charged on all delinquent personal dog kennel permits, as established by A.J.C.C., Vol. I,
Article 4-3. 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 American Kennel Club or Canadian Kennel Club 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 A.J.C.C., Vol. I, Chapter 8 shall be cause to revoke any
commercial dog kennel permit. The permit may be revoked by the public safety department
director after notice and hearing.The notice, hearing and appeal procedures shall be handled in
the same manner set forth below in § 6-1-8 (G).
(G)Notice, hearing and appeal procedure:
(1)To suspend or revoke a permit, the animal control division shall deliver or mail by
certified mail to the business address as shown by the permit application, a written notice that such
permit is suspended or revoked. The reason for such suspension or revocation shall be set forth in
the notice. The notice shall also contain the permittee's rights and procedures to appeal such
suspension or revocation. A suspended or revoked permit shall be surrendered to the animal control
division on demand.
(2)The animal control division shall grant on demand to any permittee's whose permit
has been revoked or suspended a full hearing on the merits of such suspension or revocation.
Appeal of the animal control division's action to a hearing officer appointed by the public safety
director, pursuant to section (3) below, shall not be had prior to the hearing.Demand for hearing
shall be made within 10 working days of receipt of the animal control division's notice of
suspension or revocation, and failure to demand a hearing within that time will constitute a full
waiver. After considering evidence presented at the hearing, the animal control division shall make
10
a decision to uphold or repeal the permit suspension or revocation; and shall deliver or mail by
certified mail to the business address as shown on the permit application the results of the decision.
(3)Any person aggrieved by the animal control division's decision pursuant to section(2)
above shall have the right of appeal to the designated hearing officer. The appeal shall be filed
with the public safety director within 14 working days after receipt of the animal control division's
decision. The appeal shall contain a written statement setting forth fully the grounds for the appeal.
The hearing officer shall set a time and place for a hearing on such appeal and notice of such
hearing shall be given to the applicant in the same manner as provided for notice of hearing on
revocation. The decision and order of the hearing officer shall be final and conclusive, except any
person aggrieved may pursue any proper judicial proceedings under state law.
(4)No person may reapply for any permit after denial, revocation or non -renewal of such
permit unless the cause for such denial, revocation or non -renewal has been removed or corrected.
(H)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 36-hour period after the discovery of the
excess number of dogs by enforcement officers. The holder of a personal dog kennel permit shall
not be bound by the same requirements governing a commercial dog kennel permit.
(I)The animal control division shall, within 30 calendar days before the annual renewal date
for the personal dog 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.
(J) A personal dog kennel permit shall not be issued to any person who has been convicted of
a violation of A.R.S. §§13-2910 (cruelty to animals) or 13-2910.01 (dog fighting), or any other
state, county, or municipal animal welfare law, except civil violations of leash laws.
§ 6-1-9 VETERINARY HOSPITALS
(A)The provisions of A.J.C.C., Vol.I, § 6-1-6 Pet Shops, subsections (C) through (G) shall
apply to veterinary hospitals, as defined in A.J.C.C., Vol.I, § 6-1-1.In addition, caged areas shall
contain no less than 20 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.
§ 6-1-10 WILD ANIMALS
(A)No person shall harbor, maintain or control a wild, dangerous or undomesticated animal,
as defined in A.J.C.C., Vol. I, § 6-1-1, 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 animal control division shall issue a special permit if it determines:
(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.
11
(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 A.J.C.C.,
Vol. I, § 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 $1,000,000 per occurrence, $2,000,000 aggregate, for bodily injury
to or death of any person or persons or for damage to properly 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. The
certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be
made unless 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 60 days prior
to such special event.
(8)Any violation of this chapter shall be cause to revoke the special permit. The permit
may be revoked by the public safety department director after notice and hearing. The notice,
hearing and appeal procedures shall be governed by the provisions set forth below in §6-1-10
(C).
(C)Notice, hearing and appeal procedure:
(1)To suspend or revoke a permit, the animal control division shall deliver or mail by
certified mail to the business address as shown by the permit application, a written notice that such
permit is suspended or revoked. The reason for such suspension or revocation shall be set forth in
the notice. The notice shall also contain the permittee's rights and procedures to appeal such
suspension or revocation. A suspended or revoked permit shall be surrendered to the animal control
division on demand.
(2)The animal control division shall grant on demand to any permittee's whose permit
has been revoked or suspended a full hearing on the merits of such suspension or revocation.
Appeal of the animal control division's action to a hearing officer appointed by the public safety
director, pursuant to section (3) below, shall not be had prior to the hearing.Demand for hearing
shall be made within 10 working days of receipt of the animal control division's notice of
suspension or revocation, and failure to demand a hearing within that time will constitute a full
waiver. After considering evidence presented at the hearing, the animal control division shall make
12
a decision to uphold or repeal the permit suspension or revocation; and shall deliver or mail by
certified mail to the business address as shown on the permit application the results of the decision.
(3)Any person aggrieved by the animal control division's decision pursuant to section (2)
above shall have the right of appeal to the designated hearing officer. The appeal shall be filed
with the public safety director within 14 working days after receipt of the animal control division's
decision. The appeal shall contain a written statement setting forth fully the grounds for the appeal.
The hearing officer shall set a time and place for a hearing on such appeal and notice of such
hearing shall be given to the applicant in the same manner as provided for notice of hearing on
revocation. The decision and order of the hearing officer shall be final and conclusive, except any
person aggrieved may pursue any proper judicial proceedings under state law.
(4)No person may reapply for any permit after denial, revocation or non -renewal of such
permit unless the cause for such denial, revocation or non -renewal has been removed or corrected.
§ 6-1-11 CRUELTY AND NEGLECT
(A)Cruelty.It is unlawful for any person to overdrive, overload, overwork, torture, torment,
mutilate or unlawfully kill an animal, or cause or procure an animal to be so overdriven,
overloaded, driven when overloaded, overworked, tortured, tormented, beaten, mutilated, or killed
and whomever, having charge or custody of an animal as owner or otherwise, inflict cruelty upon
it, drive or work it when unfit for labor, abandon it, or knowingly and willfully authorize or permit
it to be subjected to torture, suffering or cruelty of any kind.
(B)Neglect.Animals under human custody or control shall be housed in healthy environments
and shall be provided with proper food, water, shelter, medical care and ventilation. Any person
owning or having care, custody or control of any animal shall provide that:
(1)The animal receives on a daily basis, food that is free from contamination and is of
sufficient quantity and nutritious value to maintain the animal in good condition.
(2)Potable water is accessible to the animal at all times, either free flowing or in a clean
receptacle.For purposes of this subsection, "clean" means not unhealthy to an animal.
(3)Except for livestock, all animals shall have convenient access to natural or artificial
shelter throughout the year. Any 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 natural manner. Any shelter which does
not protect the animal from temperature extremes or precipitation, or which does not provide
adequate ventilation does 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 animal
contracting disease, being injured, or becoming infested with parasites.
(4)The animal shall receive care and medical attention for 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)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 1/8 of the
13
animal's total body weight and shall not be shorter than 3 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 without food, water or shelter.
(D)Violations.Any violation of divisions (A),(B)or (C) shall be a class 1 misdemeanor.
Article 6-2:Impounding Generally
Section
6-2-1 Scope of article
6-2-2 Impounding of animals at large
6-2-3 Notice to owners of impoundment
6-2-4 Conditions and duration of impoundment
6-2-5 Redemption of impounded animals
6-2-6 Unclaimed impounded animals
6-2-7 Impeding Enforcement Officer
6-2-8 Biting animals; quarantine
§ 6-2-1 SCOPE OF ARTICLE
The provisions of this article shall apply to the impoundment of all animals.
§ 6-2-2 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
roaming 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.
§ 6-2-3 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 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 3 consecutive business days.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 24 -hour notice at the location where the animal is last observed, advising any interested
14
person should contact the animal control division or the animal will be removed from the property
after such time.
§ 6-2-4 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 as necessary and treat them in a humane manner
during the time they are impounded. The duration of impoundment shall not be less than 3
consecutive business days, unless sooner claimed by the owner.
§ 6-2-5 REDEMPTION OF IMPOUNDED ANIMALS
If the owner of any animal shall, within 3 consecutive business days after such animal has been
captured and impounded, apply to the enforcement officer and pay the fees and charges authorized
under this chapter, as well as make current all licensing and vaccination requirements and fees, the
animal control division must make the animal available for return to the owner at the animal control
division office.
§ 6-2-6 UNCLAIMED IMPOUNDED ANIMALS
If a dog or cat is not reclaimed within the impound period noted in Section 6-2-3 above, the animal
control division may place such animal up for sale, adoption, rescue, or may dispose of the animal
in a humane manner. The animal control division may destroy impounded, sick or injured animals
whenever such destruction is necessary, at any time to prevent such an animal from suffering, to
prevent the spread of disease, or for the safety and welfare of the public and city employees.
§ 6-2-7 IMPEDING ENFORCEMENT OFFICER
It is unlawful for any person to, in any manner: a) provide false or incomplete information to an
enforcement officer concerning the whereabouts, ownership, license status, or current rabies
vaccination of any animal;b)interfere,intervene,impede, prevent,obstruct,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 c) rescue or attempt to rescue any animal so captured or to release any animal so
impounded.
§ 6-2-8 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, and is current on
rabies vaccinations and on licensing, or shall have it impounded for at least 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,
the animal will be humanely euthanized and its head will be forwarded to the Arizona 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 Arizona 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
15
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
6-3-2 Rabies vaccination required
6-3-3 Running at large
6-3-4 Impoundment
6-3-5 Hearing on disposition of abused and vicious animals
6-3-6 Vicious dogs
6-3-7 Owner liability
6-3-8 Dogs killing animals, livestock or fowl
6-3-9 Dog fecal matter
§ 6-3-1 LICENSES AND TAGS GENERALLY
(A)License fees, as established in A.J.C.C., Vol. I, Article 4-3, shall be paid for each dog 3
months of age and older that is kept, possessed, harbored or maintained within the boundaries of
the city for at least 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 1 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 A.J.C.C., Vol. I,
Article 4-3, 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.
§ 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.
16
(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)If a dog is impounded and found to be unvaccinated, the enforcement officer will cause
such dog to be vaccinated at the pound at a cost to be borne by the owner. The vaccination shall
be performed by animal control personnel or other qualified personnel who animal control
personnel have delegated such duty to, and who shall then issue a certificate of vaccination.The
vaccinated animal shall not be released until such time as all vaccination, care and impound fees
are paid in full.
§ 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 A.J.C.C., Vol.I,§6-1-1. However,notwithstanding such
limitations, a dog is deemed to be not at large under the following circumstances:
(1)While such dog is restrained by a leash, chain, rope or cord of not more than 6 feet in
length and of sufficient strength to control action of the 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 the dog is actively engaged in dog obedience training, accompanied by and
under the control of the owner or trainer, provided that the person training the dog has in their
possession a dog leash of not more than 6 feet in length and of sufficient strength to control the
dog, and further, the dog is actually enrolled in or has graduated from a dog obedience training
school which has been approved by an enforcement officer.
(B)The enforcement officer shall apprehend and/or impound any dog running at large.The
enforcement officer will enter private property to apprehend any dog that has been running at large.
Such entry shall be in a reasonable pursuit and shall not include entry into a domicile or enclosure
which confines a dog except at the invitation of the occupant or owner.
§ 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 division personnel or other
qualified personnel which have been delegated such duty.
(B)Impoundment fees together with fees for care and feeding, as established in Vol. I, Article
4-3, shall be assessed for the impoundment of dogs.
§ 6-3-5 HEARING ON DISPOSITION OF ABUSED AND VICIOUS ANIMALS
An enforcement officer 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
17
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 A.J.C.C., Vol. I, § 6-1-1. The court shall schedule the hearing within 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.
§ 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.Vicious dogs may be impounded if they are found at
large and may be kept impounded until there is a final disposition of any criminal complaint or
payment in full of all civil sanctions imposed arising from the alleged violation of this section,
provided that the criminal or civil complaint is filed within 30 days of the alleged violation date.
Also, in the judgment of the enforcement officer, any dog at large that is dangerous, or vicious,
and poses an immediate threat to human safety that cannot be safely impounded, may be
immediately disposed of in a humane manner.
§ 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.
(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.
§ 6-3-8 DOGS KILLING ANIMALS, LIVESTOCK OR FOWL
The provisions of A.R.S. § 3-1311 govern situations where dogs kill, wound or chase livestock,
except that the same provisions also apply where dogs kill, wound or chase any animal or fowl.
§ 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 the property
for this purpose.
Article 6-4:Contractual Agreement
Section
6-4-1 Intergovernmental agreements
§ 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.
18
Article 6-5:Confined Animals
Section
6-5-1 Confined animals in motor vehicles or other places of endangerment
6-5-2 Impoundment of animals found in motor vehicles
6-5-3 Exceptions
§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.
§ 6-5-2 IMPOUNDMENT OF ANIMALS FOUND IN MOTOR VEHICLES
An 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 enforcement officer
removing the animal shall take the animal to the animal control division 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 enforcement 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 3 business days 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.The owner must also at such time of return of such animal
make current all licensing and vaccinations and pay all associated fines. In addition, the owner
shall show proof of payment of any court fines for any citations that were issued as a result of the
impoundment prior to or at the time the animal is returned to the owner.
§ 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
6-6-2 Sanitary regulations
6-6-3 Enforcement
19
§ 6-6-1 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.
(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.
§ 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.
Manure however may be composted or distributed evenly in a thin layer in turnouts or roundpens
for purposes of dust control.
(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
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.
§ 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 impound any animals
which are maintained in such conditions in violation of this code in accordance with the provisions
as contained in Vol. I, Article 6-2.
Section
6-7-1 Licenses and tags
6-7-2 Running at large
6-7-3 •Impoundment
6-7-4 Biting pigs
Article 6-7:Potbellied Pigs
20
6-7-5 Owner liability
6-7-6 Keeping of potbellied pigs
6-7-7 Number permitted
6-7-8 Commercial breeding prohibited
§ 6-7-1 LICENSES AND TAGS
(A)A license shall be required, with a fee as established in A.J.C.C., Vol. I, Article 4-3, for
each potbellied pig 4 months of age or over that is kept, harbored or maintained within the
boundaries of the city for at least 30 calendar days of each year. The license is valid for 12 months
from the month of issue and shall expire if not renewed by the end 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
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.
(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.However, before the impoundment occurs, the enforcement officer shall
attempt to locate the owner using due diligence so that the owner has the opportunity to comply
with the licensing and tag requirements set forth above.
§ 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 A.J.C.C., Vol. I, § 6-1-1 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.
§ 6-7-3 IMPOUNDMENT
(A)Impoundment regulations as contained in A.J.C.C., Vol. I, Article 6-2, except those applied
to livestock, shall apply to potbellied pigs.
(B)Impoundment fees together with fees for care and feeding, as established in A.J.C.C., Vol.
I, Article 4-3, shall be assessed for the impoundment of potbellied pigs.
§ 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
21
potbellied pig shall not be moved or relocated unless the enforcement officer is so notified. The
time for quarantine under this division shall be 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 Department of Health Services or appropriate diagnostic laboratory for examination.
§ 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 under the owner'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.
§ 6-7-6 KEEPING OF POTBELLIED PIGS
The provisions of A.J.C.C., Vol. I, Article 6-6 shall be applicable to the keeping of potbellied pigs.
§ 6-7-7 NUMBER PERMITTED
No more than 3 potbellied pigs as defined in this chapter, with each animal weighing no more than
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.
§ 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 A.J.C.C., Vol. I, § 6-7-7.
Article 6-8:Keeping of Swine for Special Projects
Section
6-8-1 Limitations on location and quantity
6-8-2 Time limitations
6-8-3 Sanitary conditions
8-8-4 Registration required
6-8-5 Termination of project
22
§ 6-8-1 LIMITATIONS ON LOCATION AND QUANTITY
The keeping of swine or pigs shall meet the requirements set forth in A.J.C.C., Vol. II, Land
Development Code, Chapter 1, Zoning Ordinance, § 1-6-17, Animal Regulations, as amended.
§ 6-8-2 TIME LIMITATIONS
All 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 guidelines shall specify a period of time for termination
of the project. All 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 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.
§ 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 or 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.
§ 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.
§ 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.Notwithstanding the previous two
sentences, the enforcement officer shall use due diligence to locate the owner so that the licensing
and tag requirements are met before any decision is made to impound such animal.
Article 6-9: Violations
Section
6-9-1 Civil filings and penalties
6-9-2 Criminal filings and penalties
§ 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 municipal court in the same manner as civil property maintenance violations
23
pursuant to A.J.C.C., Vol. I, §9-1-4(D).Appeals shall be handled in the same manner pursuant to
A.J.C.C., Vol. I, §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 Fine of
$250
Second violation of same code provision occurring within 24 months of first Fine of
violation $500
Third violation of same code provision occurring within 24 months of first Fine of
violation $750
§ 6-9-2 CRIMINAL FILINGS AND PENALTIES.
A fourth violation of the same code provision in this chapter occurring within 24 months of the
first violation shall be filed in the criminal division of the municipal court as a Class 1
misdemeanor by the city attorney's office, which minimum fine shall be $1,000 and a maximum
fine of $2,500,a maximum of 36 months probation, a maximum of 6 months jail time, and other
provisions which the court has jurisdiction to impose, such as applicable court -imposed penalties,
assessments, an order for forfeiture and destruction of an animal, and other court or probation fees.
The judge shall treat subsequent and successive civil judgments as in the same manner criminal
prior convictions are concerned insofar as the elevated fines noted above are to be applied.The
judge has no discretion to lower these successive fines. However, violations of the following code
provisions, whenever committed, single incident or repetitive, shall always be handled as criminal
class 1 misdemeanors with the above -noted minimum class 1 misdemeanor penalties:
6-1-11 Cruelty, neglect and abandonment
6-2-7 Impeding Enforcement Officer
6-2-10 Biting animals; quarantine
6-3-6 Vicious dogs
24