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HomeMy WebLinkAboutORD629ORDINANCE NO.629 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 6 ANIMALS,SECTION 6-3-6 BITING DOGS,PERTAINING TO THE REQUIRED TIME FOR QUARANTINE;REPEALING ANY CONFLICTING PROVISIONS;PRO- VIDING FOR SEVERABILITY;PROVIDING FOR PENALTIES;AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That the Apache Junction City Code,Chapter 6 ANIMALS,Section 6-3-6 BITING DOGS,be amended to read as follows: Section 6-3-6 Biting Dogs A.Whenever a dog bites any person,the incident shall immediately be reported to the enforcement agent by any person having direct knowledge of the incident. B.Any unlicensed dog that bites any person shall be quarantined and impounded or,at the request of and expense of the owner,placed in a veterinary hospital for a period of not less than fourteen days.The owner of an unlicensed dog that has bitten a person may voluntarily deliver the dog to the enforcement agent at the pound,otherwise there shall be an assessment against the owner i f the enforcement agent must pick up the dog.I f the dog is im- pounded i n the pound for observation as a result of a dog bite incident,there shall be a per day charge for board,and no other impoundment fees shall be charged under these circumstances. C.Any dog properly licensed and vaccinated pursuant to this Chapter that bites any person may be confined and quarantined at the home of the owner or wherever the dog i s harbored and maintained with the written consent of and in a manner prescribed by the enforce- ment officer.The dog shall not be moved or relocated unless the enforcement agent is so notified.The time for quarantine under this subsection shall be fourteen days. D.At the completion of the quarantine or impoundment period as set forth i n Subsections B and C of this Section and,prior to the release of the dog,the dog shall be examined by a licensed veter- inarian and released only i s the veterinarian determines that the dog does not exhibit signs of rabies infection. E.I f i t is determined that the dog is infected with rabies or another dangerous,contagious and infectious disease,i t shall be the duty ORDINANCE NO.629 PAGE ONE OF TWO of the enforcement agent to destroy the dog in as humane a manner as reasonably possible.Following such action,or i f the dog dies during the period of quarantine or impoundment,its head shall be sent to the State Department of Health or appropriate diagnostic laboratory for examination. SECTION I I REPEALING ANY CONFLICTING PROVISIONS All ordinances and parts of ordinances in conflict with the provisions of this ordinance,or any part of the code adopted herein by reference,are hereby repealed. SECTION III PROVIDING FOR SEVERABILITY I f any section,subsection,sentence,phrase,clause or portion of this ordinance 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 PENALTIES Any person found guilty of violating any provisions of this code,except as otherwise provided in this code,shall be guilty of a misdemeanor and, upon conviction thereof,shall be punished by a fine not exceeding one -thousand dollars or by imprisonment for a period not'exceeding six months or by both such fine and imprisonment.Each day that a violation continues shall be a separate offense punishable as hereinabove described. SECTION V EMERGENCY CLAUSE I t being necessary for the preservation of the peace,health and safety of the City of Apache Junction,Arizona,that this ordinance become effective immediately,an emergency i s hereby declared to exist and this ordinance shall become effective immediately upon its passage and adoption. PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 21st DAY OF June ,1988. SIGNED AND ATTESTED TO THIS 23rd DA ATTEST: KATHLEEN CONNELLY City Clerk APPROVED AS TO FORM:ci June ,1988. NORMAN S.HILL Mayor By Kenneth Bluntschly,Vice Mayor DAVID F.'ALEXAND City Attorney