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HomeMy WebLinkAboutORD921ORDINANCE NO.921 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AMENDING THE APACHE JUNCTION CITY CODE CHAPTER 6 ANIMALS,ARTICLE 6-1 RULES AND REGULATIONS,SECTION 6-1-1(C) DANGEROUS ANIMALS;AND BY ADDING NEW SECTIONS TO BE ENTITLED AND NUMBERED AS SECTION 6-1-6 COMMERCIAL ANIMAL KENNELS;SECTION 6-1-7 PERSONAL ANIMAL KENNELS;SECTION 6-1-9 WILD ANIMALS;SECTION 6-1-10 VIOLATIONS;AND RENUMBERING SECTIONS 6-1-8 VETERINARY HOSPITALS TO CONFORM;AND AMENDING ARTICLE 6-2 IMPOUNDING GENERALLY,SECTION 6-2-8 IMPOUNDING FEES;ARTICLE 6-3 DOGS,SECTIONS 6-3-2 (A) AND (B) LICENSES AND TAGS GENERALLY,SECTION 6-3-5 (B)IMPOUNDMENT AND SECTION 6-3-6 (B)BITING DOGS;AND ADDING A NEW ARTICLE 6-10 BIRD FIGHTING;REPEALING ANY CONFLICTING PROVISIONS;PROVIDING FOR SEVERABILITY;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 be amended to include the following provisions:Article 6-1 Rules and Regulations,Section 6-1-1(C) Dangerous Animals;Section 6-1-6 Commercial Animal Kennels;Section 6-1-7 Personal Animal Kennels;Section 6-1-9 Wild Animals;Section 6-1-10 Violations; and renumbering Section 6-1-8 Veterinary Hospitals to conform;Article 6-2 Impounding Generally,Section 6-2-8 Impounding Fees;Article 6-3 Dogs,Sections 6-3-2 (A)and (B)Licenses and Tags Generally,Section 6-3-5 (B)Impoundment and Section 6-3-6 (B)Biting Dogs;and adding a new Article 6-10 Bird Fighting,to read as follows: Section 6-1-1 Dangerous Animals C.It is unlawful to own,harbor,or maintain any animals of the Wolf Hybrid species,save and except those animals which were licensed and registered with Animal Control as of January 30,1995.Except for renewals,no Wolf Hybrid shall be allowed to be licensed after January 30,1995.Any license issued for a Wolf Hybrid shall not be allowed to transfer to a new owner. Section 6-1-6 Commercial Animal Kennels A.In this section unless the context otherwise requires:"commercial kennel" means any establishment exclusive of one providing dental,medical or surgical care or for quarantine purposes,which maintains more than three animals of the same species over four months of age for trade,business, profit or gain or for any reason other than trade,business,profit or gain more than five animals of the same species over four months of age. ORDINANCE NO.921 PAGE 1 OF 8 B.Any person who owns,maintains or harbors more than three animals of the same species over four months of age for trade,business,profit or gain or owns for any reason other than trade,business,profit or gain more than five animals of the same species over four months of age must obtain a commercial kennel permit. C.The commercial kennel permit fee,as established in Article 4-3 of this Code,shall expire on the first day of January of each year,and shall be delinquent on the first day of February of each year.A late fee,as established in Article 4-3 of this Code,shall be charged on all delinquent kennel permits.No kennel permit fee shall be prorated or refunded nor shall the permit be transferable. D.All zoning requirements established by the City of Apache Junction for commercial business shall be met before a commercial kennel permit can be issued.The owner/manager of any commercial kennel shall obtain and have on display a valid City of Apache Junction business license. E.I t shall be the duty of the owner of the kennel to pay the applicable kennel fee on or before the first day of February of each year,or upon establishing a kennel in the city.Such kennel fee shall be paid to the city animal control officer. F.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. G.The permittee shall retain the 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 permittee shall also have on file proof of rabies vaccination for each animal housed on the premises. H.The permittee shall retain the name and address of each person selling, trading or giving any animal to the kennel. I .The permittee shall provide an isolation ward for sick animals, sufficiently removed so as not to endanger the health of other animals. J.The permittee shall notify the owner of a boarded animal when such animal refuses to eat or drink,causing it to lose flesh,or when such animal is injured or becomes weak or ill. K.The provisions of Section 6-1-5 Pet Shops,subsections E,F G,H,and I 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. L.Any violations of this chapter shall be cause to revoke the commercial kennel permit.Said permit may be revoked by the Director of the Department of Public Safety after notice and hearing.The notice and ORDINANCE NO.921 PAGE 2 OF 8 hearing shall be governed by the provisions of Section 8-5-22 of this Code or as hereafter may be amended. Section 6-1-7 Personal Animal Kennels A.Any person who is not required to have a commercial kennel permit and owns more than three but less than six animals of the same species over four months of age must obtain a personal kennel permit. B.The personal kennel permit fee,as established by Article 4-3 of this Code,shall expire on the first day January of each year and shall become delinquent on the first day of February of each year.A late fee shall be charged on all delinquent kennel permits,as established by Article 4-3 of this Code.No kennel permit shall be prorated or refunded nor shall the permit be transferable. C.All animals covered by the personal kennel permit shall be sterilized and will be licensed according to Section 6-3-2 of this Code. D.At no time shall animals covered under this permit be used for trade, business,profit or gain.There shall be no boarding or breeding of animals covered by this permit.All animals shall be the exclusive property of the permit holder. 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.The property covered by this permit shall be surrounded by a fence of sufficient height and strength to confine the animals. F.Any violation of this chapter shall be cause to revoke the personal kennel permit.Said permit may be revoked by the Director of the Department of Public Safety after notice and hearing.The notice and hearing shall be governed by the provisions of Section 8-5-22 of this Code or as hereafter may be amended. G.The holder of a personal kennel permit shall not be bound by the same requirements governing a commercial kennel permit. Section 6-1-8 Veterinary Hospitals shall be renumbered to conform. Section 6-1-9 Wild Animals A.No person shall harbor,maintain or control a wild,dangerous or undomesticated animal within the city limits. B."A wild,dangerous or undomesticated animal" shall be that which is not of a species customarily used as an ordinary household pet,but one which would ordinarily be confined to a zoo,or 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 ORDINANCE NO.921 PAGE 3 OF 8 property damage.Except as specifically listed below,fish in an aquarium are not included in this definition. Such animals shall include but are not limited to the following: (1)All poisonous animals including rear -fang snakes. (2)Bears (Ursidae). (3)Bison (Bison). (4)Cheetahs (Acinonyx jubatus). (5)Constrictor snakes,six feet in length or more. (6)Coyotes (Canis latrans). (7)Crocodilians (Crocodilia),30 inches in length or more. (8)Deer (Cervidae);includes all members of the deer family,for example,white-tailed deer,elk,antelope and moose. (9)Elephants (Elephas and Loxodonta). (10)Game cocks and other fighting birds. (11)Hippopotami (Hippopotamidae). (12)Hyenas (Hyaenidae). (13)Jaguars (Panthera onca). (14)Leopards (Panthera pardus). (15)Lions (Panthera leo). (16)Lynxes (Lynx). (17)Non -human primates including prosimians,monkeys,and apes. (18)Piranha fish (Characidae). (19)Pumas (felis concolor);also known as cougards,mountain lions and panthers. (20)Rhinoceroses (Rhinocero tidae). (21)Sharks (class Chondrichthyes). (22)Snow leopards (Panthera uncia). (23)Tigers (Panthera tigris). (24)Wolves (Canis lupus). C.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 Animal Control. The special permit fee,as established in Article 4-3 of this Code,shall expire first day of January of each year and shall be delinquent on the first day of February of 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 if it finds: 1.That the animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or the property of others. 2.That adequate safeguards are made to prevent unauthorized access to such animal by members of the public. ORDINANCE NO.921 PAGE 4 OF 8 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 and will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood. 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 his ability to respond in damages to and including the amount of five hundred thousand dollars for bodily injury to or death of any person or persons or for damage to property owned by any other person which may result from the ownership,keeping or maintenance of such animal.Proof of liability to respond in damages may be given by filing with the Director of Department of Public Safety a certificate of insurance stating that applicant is,at the time of his application,and will be during the period of such special permit,insured against liability to respond in such damages,or by posting with the director a surety bond conditioned upon the payment of such damages during the period of such special permit.Such certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless ten days written notice is first given to the Director of Department of Public Safety. 8.Any violation of this chapter shall be cause to revoke the special permit.Said permit may be revoked by the Director of the Department of Public Safety after notice and hearing.The notice and hearing shall be governed by the provisions of Section 8-5-22 of this Code or as hereafter may be amended. Section 6-1-10 Violations I t shall be unlawful for any person to violate any of the provisions of this article.Any person found guilty of violating any provisions of this article shall be guilty of a misdemeanor and shall be subject to the provisions of Article 1-8(A)of this Code. Article 6-2 Impounding Generally Section 6-2-8 Impounding Fees The enforcement agent shall collect from the owner of animals taken up and impounded and duly claimed by the owner, before delivering any such animals,such impoundment fee together with fees for care and feeding as established in Article 4-3 of this Code. ORDINANCE NO.921 PAGE 5 OF 8 Article 6-3 Dogs Section 6-3-2 Licenses and Tags Generally 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 (30)consecutive days of each calendar year.The amount of fees may differentiate between sterilized and unsterilized dogs. A penalty fee,as established in Article 4-3 of this Code,shall be added to the license in the event that application is made subsequent to the expiration of the existing license.This penalty shall not be assessed against applicants who furnish proof that the dog to be licensed has been in their possession less than thirty consecutive days or who have resided in the city less than thirty days. B.Durable dog tags shall be provided.Each dog licensed under the terms of this article shall receive,at the time of licensing,such a tag on which shall be inscribed the name of the city,the number of the license and the year of issue.All dog tags shall expire one year from the date of issuance.The tag shall be attached to a collar or harness which shall be worn by the dog at all times except as otherwise provided in this article. Whenever a dog tag is lost,a duplicate shall be issued upon application by the owner and a replacement fee,as established in Article 4-3 of this Code,shall be charged. Section 6-3-5 Impoundment Impoundment fees together with fees for care and feeding,as established in Article 4-3 of this Code,shall be assessed for the impoundment of dogs. Section 6-3-6 Biting Dogs Any unlicensed dog that bites any person shall be quarantined and impounded or, at the request of and at the expense of the owner,placed in a veterinary hospital for a period of not less than fourteen days.The owner may voluntarily deliver the dog to the enforcement agent at the pound;otherwise,the animal shall be picked up by the enforcement agent and taken to the pound.There shall be assessed against the owner a quarantine fee plus a fee for food and care,as established in Article 4-3 of this Code,for the time of the quarantine (14 days).No animal shall be released from quarantine without the proper vaccination and license required under Section 6-3-2 and 6-3-3 of this Code. Section 6-10 Bird Fighting A.A person commits bird fighting by knowingly: 1.Owning,possessing,keeping or training any bird with the intent that such bird engage in an exhibition of fighting with any other bird. ORDINANCE NO.921 PAGE 6 OF 8 2.For amusement or gain,causing any bird to fight with another bird, or causing any birds to injure each other. 3.Permitting any act in violation of paragraph 1 or 2 to be done on any premises under his/her charge or control. B.Violations. I t shall be unlawful for any person to violate any of the provisions of this article.Any person found guilty of violating any provisions of this article shall be guilty of a misdemeanor and shall be subject to the provisions of Article 1-8(A)of this Code. 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,or any part of the code 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 EMERGENCY CLAUSE It 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 is hereby declared to exist and this ordinance shall be effective immediately upon passage and adoption. APPROVED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,THIS 20TH DAY OF DECEMBER ,1994. SIGNED AND ATTESTED TO THIS 21ST DAY OF DECEMBER ,1994. JEA May& ORDINANCE NO.921 PAGE 7 OF 8 .410f' ATTEST: KATHLEEN CONNELLY City Clerk Annnnurm A C -rn rnnu4tin-Ku 4v.0 7/3 C/7 //1 -7 / /7/./7X/1/1 ///((/-'V '6' (7-I /7/Ivrprv1 YU GIMBUT City.Attorney ORDINANCE NO.921 PAGE 8 OF 8