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HomeMy WebLinkAboutORD1465ORDINANCE NO. 1465 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, IN ITS ENTIRETY 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 needed and were 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as a result of these various amendments as well as historical practice and procedure,portions of the code have become outdated and require continuing revision; and WHEREAS,in keeping with this practice,staff recommends certain changes to Chapter 6; and WHEREAS,a work session on November 19,2018 and a public hearing on December 4,2018 were held to discuss the proposed amendments; and WHEREAS, A.R.S. § 9-802 permits municipalities to enact the provisions of a code of 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 one paper copy of the code changes or public record are filed in the office of the clerk of the municipality and the electronic copy is accessible on the city's website and made available for public 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 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. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA, AS FOLLOWS: SECTION I IN GENERAL Ordinance No. 1465 Page 1 of 28 1. That existing Apache Junction City Code,Volume 1,Chapter 6:Animals,is hereby repealed in its entirety. 2. That certain document known as "2018 Amendments to the Apache Junction City Code,Volume 1,Chapter 6:Animals", one paper copy and one electronic copy which are accessible on the city's website and filed in the office of the city clerk, which document was made a public record by Resolution No. 18-34 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 PROVISIONS 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 Unless noted otherwise,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 The provisions of this ordinance shall be effective beginning January •5,2019. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION THIS 1 DAY OF , 2018. SIGNED AND ATTESTED TO THIS ,14 DAY OF 1 2018. JE FF/A Ma yd Ordinance No. 1465 Page 2 of 28 ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM: cIS 11.2618 RICHARD J. STERN City Attorney Ordinance No. 1465 Page 3 of 28 2018 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOL. I, CHAPTER 6:ANIMALS Ordinance No. 1465 Page 4 of 28 2018 AMENDMENTS TO THE APACHE JUNCTION CITY CODE, VOLUME 1, CHAPTER 6:ANIMALS Article 6-1.Rules and Regulations 6-2.Impounding Generally Dogs Contractual Agreement 6-5.Confined Animals Keeping of Animals Potbellied Pigs 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 6-1-1 I 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) or medical treatment. Ordinance No. 1465 Page 5 of 28 Apache Junction City Code. Altered.A spayed female animal or a neutered male animal. Animal.Any mammal, bird, reptile or amphibian. At Large.In any street, alley, public park, private or public school property or other public place or on other private property without being attended by the owner or responsible party and being secured by physical restraint such as but not limited to a leash, chain, or rope, or is otherwise not confined in a secured enclosure. Cat.A member of the Fells 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 four (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 Fridays 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. Ordinance No. 1465 Page 6 of 28 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. 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 law 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 law 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 purebred miniature Vietnamese potbellied pigs or other similar purebred miniature potbellied pigs. Ordinance No. 1465 Page 7 of 28 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 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. 1, 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 law defining 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. 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. 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 domesticated or companion animal without Ordinance No. 1465 Page 8 of 28 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 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.); (I) 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.); Ordinance No. 1465 Page 9 of 28 (s)Pumas (Fells 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 (A)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. (B)Before an Enforcement Officer cites any person for an animal noise nuisance under subsection (A) above, the complaining party and alleged offender must first agree to participate in a civil hearing process which shall be administered by the city manager.The city manager shall appoint three city residents who shall convene to hear the complainant's allegation against the offending party.The Arizona Rules of Evidence shall not apply to these proceedings.The panel shall allow both the complainant and the alleged offender to state their side and shall allow any evidence the panel deems helpful in deciding whether there has been a violation of subsection (A). The panel shall make the determination within five (5) calendar days after the hearing and shall make its findings in writing signed by all three panel members.The city manager shall send the written determination to the Enforcement Officer, the complaining party and alleged offender. (C)There is no monetary penalty in a finding against the alleged offender.However, the Enforcement Officer shall monitor the alleged offender's property for additional violations. Ordinance No. 1465 Page 10 of 28 Should the Enforcement Officer have probable cause through written witness statements that the noise has continued, and it interferes with the reasonable use and enjoyment of the complaining party's property and in what manner, the Enforcement Officer shall prepare a class 1 misdemeanor noise citation and serve it on the offender. The violation shall be prosecuted by the city attorney's office.If found guilty of a violation of subsection (A) or if the offender pleads guilty, the court shall impose a fine of no less than $1,000, twelve (12) months summary probation and thirty (30) calendar days suspended jail. The court may also impose other penalties as it deems fit, including but not limited to the requirement the defendant use anti -barking devices on the animal. § 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. 1, Article 6-7, and purebred miniature Vietnamese potbellied pigs or other similar 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. (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 20 square feet in area per each dog or cat. Each dog or cat over three (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. Ordinance No. 1465 Page 11 of 28 (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 diginfected 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 three (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 twelve (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 I 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. (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. 1, 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). Ordinance No. 1465 Page 12 of 28 (K)The animal control division shall, within thirty (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 perm ittee 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 ten (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 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. (I)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 three 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 three months of age. Ordinance No. 1465 Page 13 of 28 (3)Any person who owns, maintains or harbors three (3) or less dogs over three months of age is not required to obtain a personal dog kennel permit. (4)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. (5) 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 for a maximum 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 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 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. (6)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 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 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 1 -year period and expire on the respective anniversary date. The fee is established in A.J.C.C., Vol. 1, 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. Ordinance No. 1465 Page 14 of 28 (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. 1, Chapter 8 shall be cause to revoke any personal 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 ten (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 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 fourteen (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. (1)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 Ordinance No. 1465 Page 15 of 28 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. 1, § 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. (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 Ordinance No. 1465 Page 16 of 28 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, its elected officials, employees and agents" as additional insured parties, a copy of which must be sent to the office of the city attorney at least thirty (30) calendar 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 ten (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 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 Ordinance No. 1465 Page 17 of 28 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 knowirigly 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 animal's total body weight and shall not be shorter than three (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 I 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 Ordinance No. 1465 Page 18 of 28 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 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 three (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 person should contact the animal control division or the animal will be removed from the property after such time.In the case where an owner has been arrested and any animals on premises have been impounded due to an absence of a qualified caretaker at the owner's premises, the Enforcement Officer shall make reasonable efforts to notify the owner of the impoundment.The notice shall allow the owner to claim the impounded animal through the efforts of another person as made known to the Enforcement Officer in writing.In such case, in order to obtain release of the animal all fees referenced in § 6-2-5 shall be paid to the Enforcement Officer by the person with the authority to receive the animal.If the Enforcement Officer is not notified by the owner that an authorized person may pick up the animal within ten (10) calendar days from delivery of the required notice to the incarcerated owner, the animal is deemed "abandoned" and shall be handled pursuant to § 6-2-6. § 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. Ordinance No. 1465 Page 19 of 28 § 6-2-5 REDEMPTION OF IMPOUNDED ANIMALS Unless the animal is quarantined at the animal control facility pursuant to § 6-2-8, 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 § 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 locating, 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 ten (10) calendar days from the date of bite 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 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. Ordinance No. 1465 Page 20 of 28 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 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 I year from the date of issuance. The tag shall be attached to a collar or harness which shall be worn by the dog while on public premises 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. (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 Ordinance No. 1465 Page 21 of 28 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 six (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 six (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 curtilage (not the interior of a residence without permission of an owner or a search warrant) 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 secured enclosure which confines a dog except at the invitation of the occupant or owner. § 6-3-4 IMPOUNDMENT/MICROCHIPPING (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. (C)The provisions of Article 6-2,Impounding Generally,shall also apply for impounding 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 Ordinance No. 1465 Page 22 of 28 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 A.J.C.C., Vol. I, § 6-1-1. 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. § 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 thirty (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. Ordinance No. 1465 Page 23 of 28 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. 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 three (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 fees incurred for the city's care for the animal. § 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. Ordinance No. 1465 Page 24 of 28 Article 6-6:Keeping of Animals Section 6-6-1 Maintenance of property 6-6-2 Sanitary regulations 6-6-3 Enforcement § 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 round pens 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. 1, Article 6-2. Ordinance No. 1465 Page 25 of 28 Article 6-7:Potbellied Pigs Section 6-7-1 Running at large 6-7-2 Impoundment 6-7-3 Biting pigs 6-7-4 Owner liability 6-7-5 Keeping of potbellied pigs 6-7-6 Commercial breeding prohibited § 6-7-1 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. 1, § 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. § 6-7-2 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. § 6-7-3 BITING PIGS In situations where it is alleged a pot-bellied pig has bitten a person or animal, the Enforcement Officer shall report such incident to the Arizona Department of Agriculture, which pursuant to A.R.S. § 11-1014 and Arizona Administrative Rules R3-2-408, as amended, have jurisdiction over pot-bellied pig bites, to include quarantine and rabies testing. § 6-7-4 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. § 6-7-5 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. Ordinance No. 1465 Page 26 of 28 § 6-7-6 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. Article 6-8:Keeping of Swine for Special Projects Section 6-8-1 Limitations on location and quantity § 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. Section 6-9-1 6-9-2 Article 6-9:Violations Civil filings and penalties 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 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 twenty-four (24) months of first violation - fine of $500 •Third violation of same code provision occurring within twenty-four (24) months of first violation — fine of $750 § 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 municipal court as a Class 1 misdemeanor by the city attorney's office by long form complaint, or the Enforcement Officer by direct citation, which minimum fine shall be $1,000 and a maximum fine of $2,500, a minimum probation period of twelve (12) months and maximum of thirty-six (36) months, a minimum suspended jail sentence of thirty (30) days with a maximum of one hundred eighty (180) calendar Ordinance No. 1465 Page 27 of 28 days, 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 court 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 court has no discretion to lower these penalties and shall sentence the individual to at least the minimum sentences noted above.However, unless otherwise set forth in this chapter, violations of the following code provisions, whenever committed, single incident or repetitive, shall be handled as criminal class 1 misdemeanors with the above -noted minimum class 1 misdemeanor penalties: •6-1-3 Noise •6-1-11 Cruelty, neglect and abandonment •6-2-7 Impeding Enforcement Officer •6-2-10 Biting animals; quarantine •6-3-6 Vicious dogs •6-3-3 Running at Large (may be pursued by the Enforcement Officer as either a civil or criminal matter in his or her own discretion based on previous violations and contacts with the alleged offender and the alleged offender's quantifiable remorsefulness and willingness or lack of willingness to mitigate and eliminate future violations). Notwithstanding the above code provisions, the city attorney's office has the discretion to reduce a misdemeanor to a civil violation in the interest of justice. Ordinance No. 1465 Page 28 of 28