HomeMy WebLinkAboutORD990ORDINANCE NO.990
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,
ARIZONA, AMENDW AND RENUMBERING THE APACHE JUNCTION CITY CODE CHAPTER 6,
ANIMALS,ARTICLN-1 RULES AND REGULATIONS,SECT/ION 6-6-1 DEFINITIONS;
SECTION 6-1-6 PET NQPS
PERSONAL ANIMAL KENNEL5
6-3 DOGS,SECTION 6--3-1
AND TAGS GENERALLY:SECTION
KILLING ANIMALS,LIVESTOCK OR'SQK
FECAL MATTER;AND AMENDING ARTI
AUTHORITY OF PEACE OFFICER OR ANIMAL:
SECTION 6-6-2(B)TO SECTION 6-6-2 RESPOPSUILITY OF MOTOR VEHICLE OWNER
AND AMENDING ARTICLE 6-7 KEEPING OF ANT]
AND AMENDING ARTICLE 6-8 POTBELLIED PIGS
SECTION 6-8-2 RUNNING AT LARGE,SECT
KEEPING OF SWINE FOR SPECIAL PROJECTS
ENTITLED AND NUMBERED AS ARTICLE
CONFLICTING PROVISIONS;AND PROVIDI
PS;SECTION 6-1-7 COMMERCIM KENNELS
SECTION 6-1-10 WILD ANIVALS
bIMITS ON NUMBER OF DOGS
-3 VACCINATION
WL:AND BY
6-6 CO
COMMERCIAY KENNELS;SECTION 6-1-8
WILD ANIYALS;AND AMENDING ARTICLE
bIMITS ON NUMBER OF DOGS;SECTION 6-3-2 LICENSES
VACCINATION gEQUIRED;SECTION 6-3-8 DOGS
DOING NEW SECTION 6-3-9 DOG
CONFINED ANIMALS,SECTION 6-6-4
L OFFICER;AND BY ADDING SUB-
RESPOWBILITY OF MOTOR VEHICLE OWNER;
SECTION 6-7-3 ENFORCEMENT;
SECTinN,-8-1 LICENSES AND TAGS,
N 6-8-3 INQYNDMENT,ARTICLE 6-9
;AND ADDING /.NEW ARTICLE TO BE
-11 DANGEROUS DOGS;REPEALING ANY
G FOR SEVERABILITY.
BE IT ORDAINED BY THE MAYOR AND CITY
ARIZONA,AS FOLLOWS:
SECTION I IN GENERAL
UNCIL OF THE CITY OF APACHE JUNCTION,
That the Apache Junction City Code hapter 6 Animals be amended and renumbered
to include the following provision :Article 6-1 Rules and Regulations,Section
6-6-1 Definitions,Section 6-1-6 'et Shops,Section 6-1-7 commercial Kennels,
Section 6-1-8 Personal Animal K-nels,Section 6-1-10 Wild Animals;Amending
Article 6-3 Dogs,Section 6-3-1 imits on Number of Dogs,Section 6-3-2 Licenses
and Tags Generally,Section .-3-3 Vaccination Required,Section 6-3-8 Dogs
Killing Animals,Livestock or owl,Adding New Section 6-3-9 Dog Fecal Matter;
Amending Article 6-6 Confined Animals,Section 6-6-4 Authority of Peace Officer
or Animal Control Officer;Adding Sub -section 6-6-2(B)to Section 6-6-2
Responsibility of Motor Vehi le Owner;Amending Article 6-7 Keeping of Animals,
Section 6-7-3 Enforcement;Amending Article 608 Potbellied Pigs,Section 6-8-1
Licenses and Tags,Sectio 6-8-2 Running at Large,Section 6-8-3 Impoundment;
Article 6-9 Keeping of Swi e for Special Projects;and Adding a New Article 6-11
Dangerous Dogs;to read .s follows:
Article 6-1 RULES AND REGULATIONS
6-1-1 Definitions
6-1-2 Dangerous AnimaAs
6-1-3 Noises
6-1-4 Strays;Housilg
6-1-5 Swine Prohibited
6-1-6 Pet Shops r6-1-7 Commercial imal Kennels
6-1-8 Personal An ma)Kennels
6-1-9 Veterinary Hospitals
PAGE 1 of 16
ORDINANCE NO.990
6-1-10 Wild Animals
6-1-11 Violations
Section 6-1-1 Definitions
A."Animal"means any mammal of a species that is susceptible to rabies,
except humans and livestock.
B."Animal violation citation"means a document issued 16y the enforcement
agent or his duly authorized representative to a per on who has violated
the regulations of this article commanding that person to appear in the
magistrate court on a day named or,i f applicabl ,to pay the fine by
mail.
C."At Large"means off the premises of the resp nsible person and/or not
under control of the responsible person.Any animal in a suitable
enclosure or confined shall not be considere to be running at large.
D."Cat"means a member of the felis catus family.
E."Collar"means a band,chain,harness or/suitable device worn around the
neck of an animal to which a license mabe affixed.
F."Commercial Kennel"means a kennel /Where dogs are boarded,bred and
raised for sale,bought and sold fof profit,or any other commercial
purpose,excluding pet shops.
G."Dangerous dog" means any dog that,
Control Officer of the City,(a)
being without provocation,on OU
a domestic animal without provo
(c)has been previously foun
having received notice of suc
attacks,or endangers the sat
according to the records of the Animal
as inflicted severe injury on a human
lic or private property,(b)has killed
'ation while off the owner's property, or
to be potentially dangerous,the owner
,and the dog again aggressively bites,
ty of humans or domestic animals.
H."Dog"means a member of the canis familiaris family.
I."Educational Institution"means any public or private elementary or
secondary school,or sec9lidary technical or vocational school.
J."Enforcement Agent" mea s that a person in the city who is responsible for
the enforcement of this chapter and the regulations promulgated
thereunder.
K."Equine"means horse ,mules,burros and asses.
L."Fowl"means a bird of any kind,domesticated or wild,including poultry.
PAGE 2 o f 16
ORDINANCE NO.990
M."Impound"means the act of taking or receiving into custody by the
enforcement agent any animal for the purpose of confinement in an
authorized impound facility in accordance with the provisions of this
article.
N."Impound Facility" means any establishment authorized for the onfinement,
maintenance,safekeeping and control of dogs and other ani ls that come
into the custody of the enforcement agent in the perf rmance of his
official duties.
0."Kennel"means an enclosed controlled area,inaccessiple to or by other
animals,in which a person keeps,harbors or maXntains dogs under
controlled conditions.
P."Livestock" means bovine,equine,sheep,goats,swyfle.llamas,and ratite.
Q."Manure"means refuse of stables,yards,corral or barnyards consisting
of animal,livestock and/or fowl excreta with r without litter.
R."Pet Shops"means any commercial establishmept at which animals,fowl or
cold blooded species are kept for sale,or gloomed,or treated for vermin.
S."Pot -Bellied Pig" shall mean only register d purebred miniature Vietnamese
potbellied pigs or other similar registe ed purebred miniature potbellied
pigs which shall not exceed one-hundre pounds in weight.
T."Rabies Quarantine Area"means any arAa in which a state of emergency has
been declared to exist due to the oecurrence of rabies in animals in or
adjacent to this area.
U."Registered",as i t pertains to article 6-8,means registration by the
North American Potbellied Pig A*ciation.
V."Responsible Person"means tyie person currently responsible for the
animal.
W."Swine or Pigs"means only
limited period time in con
other similar educational
or an educational instit
ose pigs kept,maintained or harbored for a
nction with 4-H,Future Farmers of America or
rojects of a political subdivision of the state
ion.
X."Unsanitary Premises"shall mean those premises on which animals,
livestock and 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 sensks of humans.
Y."Vaccination"mean the administration of an anti -rabies vaccine to
animals by a vet rinarian,or in authorized impound facilities by
employees trained nd supervised by a veterinarian licensed by the State
of Arizona.
PAGE 3 o f 16
ORDINANCE NO.990
Z."Veterinarian",means any veterinarian licensed to practice in Arizona or
any veterinarian employed in Arizona by a governmental agency.
Al."Veterinary Hospital"means any establishment operated by a veterinarian
licensed to practice in the State of Arizona that provides clinical
facilities and houses animals or birds for dental,medical or surgical
treatment.A veterinary hospital may have adjacent to i t or in
conjunction with it or as an integral part of it,pens,stalls,cages,or
kennels for quarantine,observation or boarding.
A2."Vicious"means an animal which has bitten a person
history to attack or bite human bein s or other
or/that has a known
animals without
provocation.
A3."Wild,Dangerous or Undomesticated Animal",shall
a species customarily used as an ordinary househ
would ordinarily be found in the wilderness of th
or one which otherwise causes a reasonable pers?1.1
harm or property damage.Except as specificall
aquarium are not included in this definition.//
W that which is not of
zlld pet,but one which
rs or any other country,
to be fearful of bodily
listed below,fish in an
Such animals shall include but not limited fo the following:
(1)All poisonous animals including rear-ang snakes.
(2)Bears (Ursidae)
(3)Bison (Bison)
(4)Cheetahs (Acinonyx jubatus)
(5)Constrictor snakes,six feet in 1-ngth or more.
(6)Coyotes (Canis latrans)
(7)Crocodilians (Crocodilia),30 .nches in length or more.
(8)Deer (Cervidae):includes all r-mbers of the deer family,for example,
white-tailed deer,elk,ante ope and moose.
(9)Elephants (Elephas and Loxo6onta)
(10)Game cocks and other fight .ng birds
(11)Hippopotami (Hippopotamid,e)
(12)Hyenas (Hyaenidae)
(13)Jaguars (Panthera onca)
(14)Leopards (Panthera pars s)
(15)Lions (Panthera leo)
(16)Lynxes (Lynx)
(17)Non -human primates ifcluding prosimians,monkeys & apes
(18)Piranha fish (Chararidae)
(19)Pumas (felis conco or):also known as cougars,mountain lions and
panthers.
i l l
(20)Rhinoceroses (Rhi ocero tidae)
(21)Sharks (class Ch ndrichthyes)
(22)Snow leopards (anthera uncia)
(23)Tigers (Panther tigris)
(24)Wolves (Canis /lupus)
Section 6-1-2 Danger/bus Animals Re -numbered from 6-1-1,no change in text.
PAGE 4 o f 16
ORDINANCE NO.990
Section 6-1-3 Noises Re -numbered from 6-1-2,no change in text.
Section 6-1-4 Strays;Housing Re -numbered from 6-1-3,no change in text.
Section 6-1-5 Swine Prohibited Re -numbered from 6-1-4,no change in text.
Section 6-1-6 Pet Shops Re -numbered from 6-1-5,no change in text of sub-
sections B through G.
A.No sick or injured animal shall be maintained,or held or offered for
sale on the premises of pet shops.
Section 6-1-7 Commercial Animal Kennels Re -numbered frAom 6-1-6.
A.Any person who owns,maintains or harbors or h.ses dogs for trade,
business,profit,gain,boarding or other commer..al purpose,excluding
pet shops,must obtain a commercial kennel Demi'.
B.The commercial kennel permit shall be valid fo 12 months and will expire
on the first anniversary of the permit and all be delinquent 30 days
from the date of expiration.Each subseque permit that is issued will
be valid for one year and will expire on th:respective anniversary date.
The fee is established in Article 4-3 o"this Code.A late fee,as
established in Article 4-3 of this code,shall be charged on all
delinquent kennel permits.No kennel ermit fee shall be prorated or
refunded nor shall the permit be trans erable.
C.Commercial kennel permits shall only e issued for those premises located
in commercial or industrially zone areas as set forth in the City of
Apache Junction Land Development Code.The owner/manager of any
commercial kennel shall obtain an have on display a valid city business
license.
D.The permittee shall operate th kennel so as to eliminate excessive or
untimely noise from animals a d offensive odors from the kennel.The
kennel and grounds shall be m ntained in a sanitary condition.
E.The permittee shall retain t e name,address and telephone number of the
owner of each boarded animal and the license number of each animal.This
register must be exhibited to the animal control officer or his deputy
upon demand.The permit ee shall also have on file proof of rabies
vaccination for each anim I housed on the premises.
F.The permittee shall ret
trading or giving any a
n the name and address of each person selling,
imal to the kennel.
G.The permittee shall prOide an isolation ward for sick or injured animals,
so as not to endanger/ the health of other animals or cause exposure to
further injury.
H.The permittee shall/notify the owner of a boarded animal when such animal
refuses to eat or drink,or when such animal is injured or becomes weak
PAGE 5 of 16
ORDINANCE NO. 990
or ill.
I.The provisions of Section 6-1-6.Pet Shops.subsections C D,E.F,G.and
H shall apply to animal kennels.In addition,caged areas shall contain
no less than twenty square feet per any dog or cat boarded,and the
outside run area shall be no less than forty square feet per dog or cat.
J.Any violations of this chapter and chapter 8 of this code shall be cause
to revoke the commercial kennel permit.Said permit ijáy be revoked by the
Director of the Department of Public Safety after no ice and hearing.The
notice and hearing shall be governed by the provi ons of Section 8-5-22
of this code or as hereafter may be amended.
Section 6-1-8 Personal Animal Kennels Re -number from 6-1-7,no change in
tat fir D F
A.Any person who does not operate a commerciAl kennel and owns more than
five dogs over four months of age must obtAin a personal kennel permit.
B.The personal kennel permit shall be val .d for 12 consecutive months and
expire on the first anniversary of the Vermit and shall become delinquent
30 days from the date of expiration.ach subsequent permit issued will
be valid for a one year period and e pire on the respective anniversary
date.The fee is established in Ar icle 4-3 of this code.A late fee
shall be charged on all delinquen kennel permits,as established by
Article 4-3 of this code.No kenn1 permit shall be prorated or refunded
nor shall the permit be transfera le.
C.All animals covered by the pers
licensed according to Sections
al kennel permit shall be vaccinated and
-3-2 and 6-3-3 of this code.
Section 6-1-9 Veterinary HospitXls Re -numbered from 6-1-8, no change to Sub-
section B.
A.The provisions of Section -1-6,subsections _L D,E,F.G.and H shall
apply to veterinary hospit ls,as defined in Section 6-1-1.In addition,
caged areas shall contain/no less than twenty square feet per any dog or
cat boarded.
Section 6-1-10 Wild Animal.Re -numbered from 6-1-9,no changes to Sub-
sections B5 through B8.
A.No person shall hator,maintain or control a wild,dangerous or
undomesticated animaf,as defined in Section 6-1-1 of this Code,within
the city limits.
B.The provisions of t
animals in a bona
fide educational i
entertainment wh
The special permi
be valid for 1;
PAGE 6 of 16
ORDINANCE NO.990
is section shall not apply to any keeping of such wild
Fide licensed veterinary hospital for treatment,bona
stitution,circus,zoo or other event for education or
h has obtained a special permit from animal control.
fee,as established in Article 4-3 of this code,shall
consecutive months and shall be delinquent on the
anniversary of the date of issue each year.A late fee,as established in
Article 4-3 of this code,shall be charged on all delinquent special
permits.No special permit fee shall be prorated or refunded nor shall
the permit be transferable.Animal control shall issue a special permit
i f i t finds:
1.That the animal is at all times kept on 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 preventfrauthorized access to
such animal by members of the public.
i l
3.That the health or well being of the imal is not in any way
endangered by the manner of keeping or nfinement.
V9 7
4.That the keeping of such animal does n constitute a nuisance,will
not harm the surrounding neighborhood or disturb the peace and quiet
of the surrounding neighborhood,an is in compliance with all City
zoning and business licensing and equlations.
Section 6-1-11 Violations Re -numbered frotri 6-1-10,no change in text.
Article 6-3 DOGS
6-3-1 Limits on Number of Dogs
6-3-2 Licenses and Tags Generally
6-3-3 Vaccination Required
6-3-4 Running at Large
6-3-5 Impoundment
6-3-6 Biting Dogs
6-3-7 Owner Liability
6-3-8 Dogs Killing Sheep,Cal/es,Poultry
6-3-9 Do q Fecal Matter
Section 6-3-1 Limits on Number 6f Dons
4
A.The maximum number of dogs /a person and/or a family unit,may house,keep,
or otherwise maintain property zoned for residential,rural or
agricultural purposes is/ established as follows:
1.Three dogs over f ur months of aqe on lots UP to one acre in size;
2.Five dogs over f ur months of aqe on lots of one (1)acre but not
more than two ()acres in size;and
3.There is no l i i t on numbers of dogs on lots of two (2)acres or
more in size,however,a Personal Kennel Permit is required as
defined elsewYiere in this Code.
Section 6-3-2 Licenses and Tags Generally
PAGE 7 o f 16
ORDINANCE NO.990
A.License fees,as established in Article 4-3 of this code,shall be paid
for each dog four months of age and older that is kept,possessed,
harbored or maintained within the boundaries of the city for at least
thirty days of each calendar year.The amount of fees may differentiate
between sterilized and unsterilized dogs.
B.Durable dogs tags shall be provided by the City.Each dog licensed under
the terms of this article shall receive,at the time of licensing,such a
tag on which shall be inscribed the name of the city,the number of the
license and the year of issue.All dog tags shall expire one year from
the date of issuance.The tag shall be attached to a collar or harness
/
which shall be worn by the dog at all times except a otherwise provided
in this article.Whenever a dog tag is lost,a dupl cate shall be issued7uponapplicationbytheownerandareplacementee,as established in
Article 4-3 of this code,shall be charged.
1
C.It is unlawful for any person to counterfeit or attempt to counterfeit an
official license tag or remove such tag from ny dog for the purpose of
willful and malicious mischief or place a l i ense tag upon a dog unless
the tag was issued to that dog.
Section 6-3-3 Vaccination Required Text in
C.The city shall make provisions for low -c
necessary.The vaccination shall be per,
at the impound facility at a cost to
ections A,B,& D not changed.
st vaccination'cliniCs as deemed
ormed by animal control personnel
borne by the owner.
Section 6-3-8 Dogs Killing Animals Li estock or Fowl
A.I f any person discovers a dog k lling,wounding or chasipj animals,
livestock or fowl or discovers a dog under circumstances which show
conclusively that i t has recentl killed animals,livestock or fowl,he
may pursue and kill the dog.
B.The owner of a dog is liable fbr damages caused by the killing,wounding
or chasing animals,livestock/or fowl.
Section 6-3-9 Dog Fecal Mattel'
/4
A.Any person owning,poss sing,harboring or having the care,charge,
control or custody of a y dog shall immediately remove and thereafter
dispose of any fecal m tter deposited by the dog on public or _private
property,unless the_p operty owner has given prior approval to use said
property for this purp se.
Article 6-6 Confined AnimaAs
6-6-1 Confined Anipials
6-6-2 Responsibility of Motor Vehicle Owner
6-6-3 Exceptions
6-6-4 Authority,bf Peace Officer or Humane Officer
PAGE 8 o f 16
ORDINANCE NO.990
Section 6-6-1 Confined Animals Confining changed to Confined in title only.
Section 6-6-2 Responsibility of Motor Vehicle Owner No change in Section A
B.No person having dominion or control over a motor vehicle as owner
or otherwise,shall allow an animal to be placed or tethered on an
open bed of a moving truck,regardless of size,on any public right
of way,or in an open moving pick-up bed on any public right of way,
unless the animal is confined within an enclosure that would prevent
the animal from leaving the truck or pickup bed and coming to rest
on the highway surface.
Section 6-6-4 Authority of Peace Officer or Animal
A peace officer or animal control officer who finds an
in violation of this article may break and enter the m
to remove the animal.The officer removing the anima
an animal shelter or other place of safekeeping a
person having custody cannot be otherwise contacted
in the motor vehicle a written notice bearing his n
where the animal be claimed by the owner thereof.
to the owner if the owner claims the animal wit
animal was removed from the motor vehicle and
have accrued for the maintenance of the animal
animal within five days after its removal fro
animal shelter having custody of the anim
contact the owner and give notice that the a
reclaimed by the owner upon payment of the,
the event the owner cannot be contacted,
the animal within five days after contac
animal shelter having custody of the a
reasonably humane manner.
Article 6-7 KEEPING OF ANIMALS
6-7-1 Maintenance of Property
6-7-2 Sanitary Regulations
6-7-3 Enforcement
Cohtrol Officer
afiimal in a motor vehicle
or vehicle if necessary
shall take the animal to
shall,in the event the
leave in a prominent place
e and office and the address
he animal will be surrendered
in ten days form the time the
ys all reasonable charges that
If the owner fails to claim the
the motor vehicle,the person or
will male reasonable effort to
imal is in their custody and may be
reasonable maintenance charges.In
expresses no interest in reclaiming
or efforts to contact,the person or
mal may dispose of the animal in any
Section 6-7-1 Maintenance of/Property Re -numbered from 6-7-2,no change in
text.
Section 6-7-2 Sanitary Realations Re -numbered from 6-7-3,no change in
text.
Section 6-7-3 Enforcement/Re -numbered from 6-7-4
kept ,óranimalsshallbekeptr harbored with adequate food,water and care in
accordance with the provis ons of this chapter.I t shall be the duty of the
animal control officer to /take into custody any animals which are maintained in
such conditions in violat on of this code in accordance with the provisions as
contained in Article 6-2/of this chapter.
Article 6-8 POTBELLIED PIGS
PAGE 9 o f 16
ORDINANCE NO.990
6-8-1 Licenses and Tags
6-8-2 Running at Large
6-8-3 Impoundment
6-8-4 Biting Pigs
6-8-5 Owner Liability
6-8-6 Citation of Owners
6-8-7 Keeping of Potbellied Pigs
6-8-8 Number Permitted
6-8-9 Commercial Breeding Prohibited
Section 6-8-1 Licenses and Tags Re -numbered from 6-8
A.A license shall be required,with a fee as establ .shed in Article 4-3 of
this Code,for each potbellied pig four months of age or over that is
kept,harbored or maintained within the bound ries of the city for at
least thirty days of each year.The license i valid for 12 months from
the month of issue and shall expire i f not enewed by the end of each
year.A penalty not to exceed three dollars all be added to the license
fee in the event that the application is m de subsequent to the date on
which the potbellied pig is required to be/licensed under the provisions
of this article.This penalty shall not/be assessed against applicants
who furnish adequate proof that the potbe lied pig to be licensed has been
in their possession less than thirty day's or who have resided in the city
less than thirty days of each year.
B.Durable license tags shall be provithd 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 sha I be inscribed the name of the city,
the number of the license and the ear of issue.All license tags shall
expire 12 months from the month o 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 prov ded 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 persof to counterfeit or attempt to counterfeit an
official license tag or repave such tag from any potbellied pig for the
purpose of willful and mal cious mischief or place a license tag upon a
potbellied pig unless the ag was issued to that potbellied pig.
D.Whenever the ownership o a potbellied pig has changed,the new owner must
obtain a new license an 'a the fees.
E.The enforcement agent ;1'1-1,311 apprehend and impound any potbellied pig found
without a current valAd license tag.
Section 6-8-2
Section 6-8-3
A.Impoundment
PAGE 10 o f 16
ORDINANCE NO.990
Running/At Large Re -numbered from 6-8-3,no change in text.
Impoun ment Re -numbered from 6-8-4
regu ations as contained in Article 6-2 of this chapter,
except those applied to livestock,shall apply to potbellied pigs.
B.Impoundment fees together with fees for care and feeding, as established
in Article 4-3 of the Code, shall be assessed for the impoundment of
potbellied pigs.
Section 6-8-4 Biting Pigs Re -numbered from 6-8-5, no change in text.
Section 6-8-5 Owner Liability Re -numbered from 6-8-6, no change in text.
Section 6-8-6 Citation of Owners Re -numbered from 6-8-7, no change in text.
Section 6-8-7 Keeping of Potbellied Pigs Re -numbered fftm 6-8-8, no change
in text.
Section 6-8-8 Number Permitted Re -numbered from 6-8/9, no change in text.
Section 6-8-9 Commercial Breeding Prohibited Re-nOmbered from 6-8-10.
No potbellied pigs shall be kept for purposes of co
sales. Any potbellied pig as permitted under this c
a pet or as a show animal within the limitati
provisions of Section 6-1-8 of this chapter shall
Article 6-9 KEEPING OF SWINE FOR SPECIAL PROJECTS
6-9-1 Limitations on Location and Quant/ty
6-9-2 Time Limitations
6-9-3 Sanitary Conditions
6-9-4 Registration Required
6-9-5 Termination of Project
ercial breeding or retail
apter shall be kept only as
hs of Section 6-8-8.The
not apply to this Article.
Section 6-9-1 Limitations on Locatio0 and Quantity Re -numbered from 6-9-2,
no change in text.
Section 6-9-2 Time Limitations Re -numbered from 6-9-3, no change in text.
Section 6-9-3 Sanitar Condition! Re -numbered from 6-9-4, no change in text.
Section 6-9-4 Registration Re, ired Re -numbered from 6-9-5, no change in
text.
Section 6-9-5 Termination of Project Re -numbered from 6-9-6, no change in
text.
Article 6-11 DANGEROUS DOGS/(New Article)
6-11-1
6-11-2
6-11-3
6-11-4
6-11-5
6-11-6
6-11-7
Licensing, R
Keeping of
Declaring p
The Compli
The Deter
Exemption
Other Ex
PAGE 1 1 o f 16
ORDINANCE NO.990
gistration and Rabies Inoculation
angerous Dogs
gs Potentially Dangerous
nt Process
ination Hearing
of Dogs that are Provoked
mptions
6-11-8
6-11-9
6-11-10
Notification of Change of Status
Penalties
Irrebuttable Presumptions
Section 6-11-1 Licensing,Registration and Rabies Inoculation
A.All requirements of this Code for keeping any dog must be met by the owner
of a "dangerous"dog.A special registration is required for all
dangerous dog licenses to include an identification number as d$cribed in
Section 6-11-2 F.
Section 6-11-2 Keeping of Dangerous Dogs
A.No person shall permit a dangerous dog to go outside
unless such dog is securely leashed with a leash no lo
feet in length.No person shall permit a dangerous
chain,rope or other type of leash outside its ke
person is in physical control of the leash.Such do
to inanimate objects such as trees,posts,buildin
all dangerous dogs on a leash outside the dog's k
a muzzling device sufficient to prevent such do
other animals.
iXs kennel or pen
'ger than four (4)
g to be kept on a
el or pen unless a
's may not be leashed
s,etc.In addition,
nel must be muzzled by
from biting persons or
B.All dangerous dogs shall be securely confin-I indoors or in a securely
enclosed and locked pen or kennel,except hen leashed and muzzled as
above provided.Such pen,kennel or struct,re must have secure sides and
a secure top attached to the sides.A structures used to confine
dangerous dogs must be locked with a ke or combination lock when such
dogs are within the structure.Such str cture must have a secure bottom
or floor attached to the sides of the pf.n or the sides of the pen must be
embedded in the ground no less than t •(2)feet.All structures erected
to house dangerous dogs must comp y with all zoning and building
regulations of the City.All such ructures must be adequately lighted
and ventilated and kept in a clean od sanitary condition.
C.No dangerous dogs may be kept o a porch,patio or in any part of the
house or structure that would al ow the dog to exit such building on its
own volition.In addition,no such animal may be kept in a house or
structure when the windows are fipen or when screen windows or screen doors
are the only obstacle prevent .ng the dog from leaving the structure.
D.All owners,keepers or harb ers of dangerous dogs within the City shall
leave in display in a profinent place on their premises a sign easily
readable by the public usi g the words "Beware of Dog".In addition,a
similar sign is required o be posted on the kennel or pen of such animal.
E.All owners,keepers or h
the dog,provide proof
Apache Junction of publ
of $100,000.00 for bod
damage to property
ownership,keeping o
PAGE 12 o f 16
ORDINANCE NO.990
rborers of dangerous dogs must,upon registering
o the Director of Public Safety of the City of
c liability insurance in a single incident amount
ly injury to or death of any person or persons for
ned by any persons which may result from the
maintenance of such dog.Such insurance policy
shall provide that no cancellation of the policy will be made unless ten
(10) days written notice is first given to the Apache Junction City Clerk.
F.All owners,keepers or harborers of dangerous dogs must,upon registering
the dog,provide two color photographs of the registered animal clearly
showing the color and approximate size of the animal,at his own expense,
have the licensing number assigned to such dog,or other such number as
the licensing authority shall determine,tattooed upon sq.&dog by a
licensed veterinarian,and register the dog as being dangefous with the
Animal Control Officer.
Section 6-11-3 Declaring Dogs Potentially Dangerous
A.Any dog which,when unprovoked ,chases or approadOs a person upon the
streets,sidewalks or any public or private property/in a menacing fashion
or apparent attitude of attack,or
B.Any dog with a known propensity,tendency q,1'disposition to attack
unprovoked,to cause injury,or to otherwise tbteaten the safety of human
beings or domestic animals,or
C.Any dog which,on three separate occasions ithin a twelve month period
has been observed being unrestrained or uncontrolled off its owner's
premises by Animal Control Officers or has been impounded by Animal
Control for being unrestrained by uncon olled off its owner's premises
may be declared a potentially dangerous dog.
Section 6-11-4 The Complaint Process
A.I f the Animal Control Records ind .cate that a dog has a history of
behavior as described in Section 6 11-3 the Animal Control Officer may
request a Determination Hearing wit out a formal "Affidavit of Complaint".
B.Upon receipt of an "Affidavit of fomplaint" signed by at least two or more
residents of the City of Apache nction,setting forth the nature and the
date of the act;the owner of t - animal;the address of the owner and the
description of the animal doin• such act;the Animal Control Officer shall
investigate the complaint to d.termine if in fact the animal is dangerous.
C.If the investigation by the Animal Control Officer into the act or acts
committed by the dog indi ates that there is sufficient evidence to
declare the dog dangerous Determination Hearing may be requested by the
Animal Control Officer.
Section 6-11-5 The Determination Hearing
A.A Determination Hearing shall be convened whenever there is cause to
believe that a dog may /be a "dangerous dog"as defined in Section 6-1-1 G.
The Hearing will be presided over by the City Magistrate or a Hearing
Officer appointed by/the City Manager.
B.The Determination Hearing shall be conducted within a reasonable time
PAGE 13 o f 16
ORDINANCE NO.990
after serving notice to the owner by certified mail.
C.Pending the outcome of such a hearing,the dog must be securely confined
in a humane manner either on the premises of the owner or with a licensed
veterinarian,at the owner's or keeper's expense.
D.The Hearing Officer shall determine whether to declare the animal to be a
i
"dangerous animal" based upon evidence and testimony prese --ed at the time
of the hearing by the owner,witnesses to any incident(s),Animal Control
personnel,police or any other person possessing inform tion pertinent to
such determination.
E.The Hearing Officer shall issue written findings
after the Determination Hearing.The owner or
found to be dangerous shall have thirty (30)d
conditions of this Chapter that apply to dangerq
Section 6-11-6 Exemptions of Dogs that are Provokhd
ithin five (5)days
ssessor of an animal
Sis to comply with all
s dogs.
A.No dog may be declared dangerous i f the tlXreat,injury or damage was
sustained by a person who,at the time,wa committing or attempting to
commit a crime against the owner or keepeV of the dog whether on or off
the owner's or keeper's premises occupie by the owner or keeper of the
dog,or was teasing,tormenting,abusing,or assaulting the dog,or has.
in the past,been observed or reported o have teased,tormented,abused
or assaulted the dog or was committing or attempting to commit a crime.
Section 6-11-7 Other Exemptions
A.Dogs used in Law Enforcement when atting in the line of duty and hunting
dogs while hunting are exempt frouithe provisions of this Chapter.
Section 6-11-8 Notification of Chan
A.
e of Status
The owner of a dangerous dog
within twenty four (24) hours )
attacked another animal,has
sold or given away.If the
keeper shall provide the A
and telephone number of th
comply with the requireme
Section 6-11-9 Penalties
A.Any dangerous dog shal
Officer if:(a)the d
secure the liability
maintained in the pr
of the owner,or
physical restraint
chapter as i t per
violation of Arti
PAGE 14 of 16
ORDINANCE NO.990
shall notify the Animal Control Officer
f a dangerous dog is loose,unconfined,has
ttacked a human being,has died or has been
og has been sold or given away the owner or
mal Control Officer with the name,address,
new owner, who if located within the City must
ts of this Code.
be immediately confiscated by an Animal Control
is not validly registered:(b)the owner does not
insurance coverage required:(c)the dog is not
Per enclosure:(d) the dog is outside of the dwelling
utside of the proper enclosure and not under the
of the owner,or (e)any other violation of this
ains to dangerous dogs.Upon being found guilty of
e 6-11 of the City Code the dog owner shall be subject
to such penalties as set forth in Article 1-8 of this Code.
B.If a dangerous dog of an owner with a prior conviction attacks or bites a
person or another domestic animal,the dog owner or keeper is guilty of
violating this Article of the City Code.The dangerous dog shall be
immediately confiscated by an Animal Control Officer,placed in quarantine
for the proper length of time,and thereafter euthanized in an expeditious
and humane manner.
C.The owner or keeper of any dog that aggressively attack "and causes severe
injury beyond a bite or death of any human,whether or not the dog has
previously been declared dangerous,shall be proseculéd under the criminal
statutes of the State of Arizona.
D.The Court may order any person who violates thi article to pay to the
City all expenses related to the impoundin of the dangerous dog,
including shelter,food,handling,and veterin ry care,to the City.
E.The Court may order any person who vio tes this article to pay
restitution to any victim or victims whose p rson or animal was injured or
killed or whose property was damaged.
F.In the event that the owner of the danger
guardian in physical control of such mi
rise to the determination of dangerous
all injuries and property damage su,
domestic animal caused by an unprovok
shall be liable for all violations
6-11-10 Irrebuttable Presumptions.
A.There shall be an irrebuttable Oesumption that any dog registered with
the City as a dangerous dog is /n fact a dog subject to the requirements
of this Chapter.
'us dog is a minor,the parent or
r at the time of the acts giving
ess occurred shall be liable for
tam ed by a person,property or
d attack by said dangerous dog,and
this Article.
SECTION I I REPEALING ANY CONFLICTANG PROVISIONS
All ordinances and parts of ordiv(ances 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,subsectiofi,sentence,phrase,clause or portion of this
ordinance,or any part of tihe code adopted herein by reference is for any reason
held to be invalid or uncOstitutional by the decision of any court of competent
jurisdiction,such decis/ions shall not affect the validity of the remaining
portions thereof.
PAGE 1 5 o f 16
ORDINANCE NO.990
APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE
JUNCTION,ARIZONA,THIS DAY OF ,1997.
SIGNED AND ATTESTED TO THIS DAY OF 1997.
ATTEST:
KATHLEEN CONNELLY
City Clerk
APPROVED AS TO FORM:
WILLIAM FARRELL
Interim City Attorney
PAGE 16 of 16
ORDINANCE NO.990