Loading...
HomeMy WebLinkAboutORD1031ORDINANCE NO.1031 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,ADOPTING BY REFERENCE THAT CERTAIN DOCUMENT ENTITLED "AMENDMENTS TO THE APACHE JUNCTION CITY CODE CHAPTER 6 ANIMALS,DATED APRIL 21,1998"PURSUANT TO ARIZONA REVISED STATUTES ANNOTATED ("ARS")SECTION 9-802;REPEALING ANY CONFLICTING PROVISIONS AND PROVIDING FOR SEVERABILITY. BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION,ARIZONA,AS FOLLOWS: SECTION I IN GENERAL That certain document entitled "Amendments to the Apache Junction City Code, Chapter 6 Animals,Dated April 21,1998",three copies of which are on file in the office of the city clerk of the City of Apache Junction,Arizona,and which was made a public record by Resolution No.98-12,is hereby referred to,adopted and made a part hereof as if fully set out in this Ordinance,and as authorized by A.R.S.Section 9-802. 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in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed.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 decisions shall not affect the validity of the remaining portions thereof. ORDINANCE NO. 1031 PAGE ONE OF TWO PASSED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF APACHE JUNCTION, ARIZONA,THIS 21ST DAY OF APRIL ,1998. SIGNED AND ATTESTED TO THIS 21ST DAY OF APRIL ,1998. 1 --)A,1.-.J 0 ' DOUGLAS ZOLEMAN MAYOR ATTEST: KATHLEEN CONNELLY CITY CLERK APPROVED AS TO FORM: het-qs.- R.JOEL STERN CITY ATTORNEY ORDINANCE NO. 1031 PAGE TWO OF TWO AMENDMENTS TO THE APACHE JUNCTION CITY CODE,CHAPTER 6 ANIMALS, DATED APRIL 21,1998 Articles 6-1,6-2,6-3,6-6,6-7,6-8 and 6-9 of Chapter 6 of the Apache Junction City Code,Animals are amended to read as follows: ARTICLE 6-1 RULES AND REGULATIONS 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 Animal Kennels 6-1-8 Personal Animal Kennels 6-1-9 Veterinary Hospitals 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."At Large"means in any street,alley,or other public place,or when off the private premises of the owner or responsible person not controlled by leash,or not confined in a secure enclosure. C."Cat"means a member of the fells catus family. D."Collar"means a band,chain,harness or suitable device worn around the neck of an animal to which a license may be affixed. AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 1 OF 26 E."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. F."Dog"means a member of the canis familiaris family over the age of four months. G."Educational Institution"means any public or private elementary or secondary school,or secondary technical or vocational school. H."Enforcement Agent" means that a person in the city who is responsible for the enforcement of this chapter and the regulations promulgated thereunder. I."Equine"means horses,mules,burros and asses. J."Fowl"means a bird of any kind,domesticated or wild,including poultry. K."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. L."Impound Facility" means any establishment authorized for the confinement, maintenance,safekeeping and control of dogs and other animals that come into the custody of the enforcement agent in the performance of his official duties. M."Kennel"means an enclosed controlled area,inaccessible to or by other animals,in which a person keeps,harbors or maintains dogs under controlled conditions. AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 2 OF 26 N."Livestock" means bovine,equine,sheep,goats,swine,llamas,and ratite. 0."Manager" means 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. P."Manure"means refuse of stables,yards,corrals or barnyards consisting of animal,livestock and/or fowl excreta with or without litter. Q."Owner"means the person keeping,maintaining or harboring any animal and claiming any legal interest in such animal.Indicators of ownership include any license,permit,certificate,registration or other documentation which establishes a legal interest in such animal. R."Person"means any individual,corporation,partnership,association,or other legal entity. S."Pet Shops"means any commercial establishment at which animals,fowl or cold blooded species are kept for sale,or groomed,or treated for vermin. T."Pot -Bellied Pig"shall mean only registered purebred miniature Vietnamese potbellied pigs or other similar registered purebred miniature potbellied pigs which shall not exceed one -hundred pounds in weight. U."Public Safety Director" means the person appointed by the City Manager pursuant to Article 3 of this Code as the department head of the Public Safety Department of the City of Apache Junction or his or her appointed designee. V."Rabies Quarantine Area" means 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. W."Registered",as it pertains to Article 6-8,means registration by the North American Potbellied Pig Association. AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 3 OF 26 X."Responsible Person"means the person currently exercising authority as delegated by the owner to care for and supervise such animal. Y."Swine or Pigs"means only those pigs kept,maintained or harbored for a limited period time in conjunction with 4-H,Future Farmers of America or other similar educational projects of a political subdivision of the state or an educational institution. Z."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 senses of humans. Al."Vaccination"means the administration of an anti -rabies vaccine to animals by a veterinarian,or in authorized impound facilities by employees trained and supervised by ,a veterinarian licensed by the State of Arizona. A2."Veterinarian",means any veterinarian licensed to practice in Arizona or any veterinarian employed in Arizona by a governmental agency. A3."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 it or in conjunction with it or as an integral part of it,pens,stalls,cages,or kennels for quarantine,observation or boarding. A4."Vicious"means an animal that,because of its aggressive nature or training,presents a risk of serious physical harm or death to human beings or animals,or would constitute a danger to human life,physical well-being,or property if not kept under the direct control of the owner, or has been declared "vicious" by a court of competent jurisdiction.This definition shall not apply to dogs utilized by law enforcement officers in the performance of their duties.Such definition includes any dog that AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 4 OF 26 according to the records of any law enforcement agency or court of law, has:(1)aggressively bitten,attacked,endangered,or inflicted severe injury on a human being on public or private property,or when unprovoked, has chased or approached a person upon a street,sidewalk,or on any public grounds in a menacing fashion or in an apparent attitude of attack, provided that such actions are attested to in a sworn statement by one or more persons and dutifully investigated by any law enforcement or judicial authorities;(2)has more than once severely injured or killed a domestic animal while off the owner or responsible person's property;or (3)has been used primarily or in part for the purpose of dog fighting,or is a dog trained for dog fighting. A5."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 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. Such animals shall include but 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) AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 5 OF 26 (15)Lions (Panthera leo) (16)Lynxes (Lynx) (17)Non -human primates including prosimians,monkeys & apes (18)Piranha fish (Characidae) (19)Pumas (fells concolor);also known as cougars,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) SECTION 6-1-2 DANGEROUS ANIMALS A.It is unlawful to permit any dangerous,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 Director of Public Safety. B.Only peace officers or animal control 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,save and except those animals which are 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 6-1-3 NOISES It is unlawful and hereby declared a public nuisance for any person to harbor or keep any animals which habitually bark,howl,yelp,squeal,shriek,or make any other sounds which disturbs the peace and quiet of the neighborhood,or in such AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 6 OF 26 a manner as to interfere with the use and enjoyment of private property of the surrounding neighbors with ordinary and reasonable sensitivities. SECTION 6-1-4 STRAYS:HOUSING Any person who keeps or causes to be kept any horses,mules,cattle,burros, goats,sheep or other livestock or poultry shall keep such animals in a pen or similar enclosure to prevent their roaming at large within the corporate limits of the city.Any such livestock or poultry running at large shall be impounded as provided in this chapter.I t is unlawful to cause or allow any stable or place where any animal is or may be kept to become unclean or unwholesome. SECTION 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 Article 6-9 of this code and registered purebred miniature Vietnamese potbellied pigs or other similar registered purebred miniature potbellied pigs.Such miniature pigs shall not exceed one -hundred pounds in weight.Any such miniature pigs shall be subject to all other conditions and requirements as set forth in Article 6-8 of this code. SECTION 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 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 AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 7 OF 26 time who will,at the request of any enforcement agent 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 twenty square feet in area per each dog or cat. Each dog or cat over three months of age shall be kept in individual cages and at no time shall there be commingling of animals belonging to different owners. E.Premises where animals and birds are kept shall be ventilated to the external air and adequately lighted to provide visibility.The premises shall be properly plumbed and have septic tanks or sewer connected sinks, and shall have adequate supply of water readily accessible to the portions of the premises in which the animals or birds are kept.Cages shall be constructed and designed so that their parts are easily cleaned.Floors shall be concrete,tile or similar non -porous material. F.The premises,implements,cages,yards,runs and appurtenances shall be kept clean,sanitary,free of animal and bird parasites and droppings,or other health hazards and shall be cleaned and disinfected at least once daily.Flies shall be controlled. G.No portion of 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. SECTION 6-1-7 COMMERCIAL ANIMAL KENNELS A.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. AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 8 OF 26 B.The commercial kennel permit shall be valid for 12 months and will expire on the first anniversary of the permit and shall be delinquent 30 days from the date of expiration.Each subsequent permit that is issued will be valid for one year and will expire on the respective anniversary date. The fee is established in Article 4-3 of this Code.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. C.All zoning requirements established by the city 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 business license. D.It 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. 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 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. G.The permittee shall retain the name and address of each person selling, trading or giving any animal to the kennel. H.The permittee shall provide an isolation ward for sick or injured animals, so as not to endanger the health of other animals or cause exposure to further injury. AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 9 OF 26 I.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 or ill. J.The provisions of Section 6-1-6,Pet Shops,subsections C,D,E,F,and G shall apply to commercial 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. K.Any violations of this chapter and chapter 8 of this Code 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 hearing shall be governed by the provisions of Section 8-5-22 of this code or as hereafter may be amended. SECTION 6-1-8 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 shall be valid for 12 consecutive months and expire on the first anniversary of the permit and shall become delinquent 30 days from the date of expiration.Each subsequent permit issued will be valid for a one year period and expire on the respective anniversary date.The fee is established in Article 4-3 of this code.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 vaccinated and licensed according to Sections 6-3-1 and 6-3-2 of this code. D.At no time shall animals covered under this permit be used for trade, AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 10 OF 26 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 6-1-9 VETERINARY HOSPITALS A.The provisions of Section 6-1-6,subsections C,D,E,F,and G shall apply to veterinary hospitals,as defined in Section 6-1-1 (A3).In addition, caged areas shall contain no less than twenty square feet per any dog or cat boarded. B.Veterinary hospitals 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 the Animal Control Officer. SECTION 6-1-10 WILD ANIMALS A.No person shall harbor,maintain or control a wild,dangerous or AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 11 OF 26 undomesticated animal,as defined in Section 6-1-1 (A4)of this Code, 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 Animal Control. The special permit fee,as established in Article 4-3 of this code,shall be valid for 12 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 if it 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 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, will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood,as defined in Section 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 AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 12 OF 26 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 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 or such animal.Proof of liability to respond in damages may be given by filing with the Director of the Department of Public Safety 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 director a surety bond conditioned upon the payment of such damages during the period of such special permit.Such certificate of insurance of bond shall provide that no cancellation of the insurance or bond will be made unless thirty days written notice is first given to the Director of the Department of Public Safety.The applicant shall also cause such certificate of insurance to state the "City of Apache Junction"as an additional insured party,a copy of which must be sent to the Office of the City Attorney at least sixty days prior to such special event. 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 6-1-11 VIOLATIONS It 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,subsection A of this code. AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 13 OF 26 SECTION 6-2-3 (A through J)DEFINITIONS Rev.8/81 Has been deleted from this Code in its entirety. ARTICLE 6-3 DOGS 6-3-1 Licenses and Tags Generally 6-3-2 Vaccination Required 6-3-3 Running at Large 6-3-4 Impoundment 6-3-5 Biting Dogs 6-3-6 Owner Liability 6-3-7 Dogs Killing Sheep,Calves,Poultry 6-3-8 Dog Fecal Matter SECTION 6-3-1 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 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 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. 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 AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 14 OF 26 willful and malicious mischief or place a license tag upon a dog unless the tag was issued to that dog. SECTION 6-3-2 VACCINATION REQUIRED A.Before a license is issued for any dog,the owner must present a 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 agent 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 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.The city shall make provisions for low-cost vaccination clinics as deemed necessary.The vaccination shall be performed by animal control personnel at the impound facility at a cost to be borne by the owner. D.If a dog is impounded and found to be unvaccinated,the enforcement agent is hereby authorized to cause such dog to vaccinated at the pound at a cost to be borne by the owner.The vaccination shall be performed by animal control personnel,who shall issue a certificate of vaccination. SECTION 6-3-3 RUNNING AT LARGE AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 15 OF 26 A.No person owning,keeping,possessing,harboring or maintain any dog shall allow such dog to be at large as defined in Section 6-1-1(C)of this Chapter.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 feet in length and of sufficient strength to control action of said 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 said dog is actively engaged in dog obedience training, accompanied by and under the control of the owner or trainer, provided that the person training said dog has in their possession a dog leash of not more than six feet in length and of sufficient strength to control said dog,and further,that said dog is actually enrolled in or has graduated from a dog obedience training school which has been approved by the enforcement agent. B.The enforcement agent shall apprehend and impound any dog running at large contrary to the provisions of this section. SECTION 6-3-4 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 6-3-5 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 AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 16 OF 26 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 (fourteen days).No animal shall be released from quarantine without the proper vaccination and license required under Sections 6-3-2 and 6-3-3 of this code. SECTION 6-3-6 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. SECTION 6-3-7 DOGS KILLING ANIMALS LIVESTOCK OR FOWL A.If any person discovers a dog killing,wounding or chasing animals, livestock or fowl or discovers a dog under circumstances which show conclusively that it has recently killed animals,livestock or fowl,he may pursue,capture,and surrender it to the Animal Control Division of the Department of Public Safety. B.The owner of a dog is liable for damages caused by the killing,wounding or chasing animals,livestock or fowl. SECTION 6-3-8 DOG FECAL MATTER A.Any person owning,possessing,harboring or having the care,charge, AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 17 OF 26 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 said property for this purpose. ARTICLE 6-6 CONFINED ANIMALS 6-6-1 Confined Animals 6-6-2 Exceptions 6-6-3 Authority of Peace Officer or Humane Officer SECTION 6-6-1 CONFINED ANIMALS A.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. SECTION 6-6-2 RESPONSIBILITY OF MOTOR VEHICLE OWNER has been deleted in its entirety and the remaining sections re -numbered. SECTION 6-6-2 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. SECTION 6-6-3 AUTHORITY OF PEACE OFFICER OR ANIMAL CONTROL OFFICER AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 18 OF 26 A peace officer or animal control 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 officer removing the animal shall take the animal to an animal shelter 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 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 ten 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.If the owner fails to claim the animal within five days after its removal from the motor vehicle,the person or animal shelter having custody of the animal will make a reasonable effort to contact the owner and give notice that the animal is in their custody and may be reclaimed by the owner upon payment of the reasonable maintenance charges.In the event the owner cannot be contacted,or expresses no interest in reclaiming the animal within five days after contact or efforts to contact,the person or animal shelter having custody of the animal may dispose of the animal in any reasonably humane manner. ARTICLE 6-7 KEEPING OF ANIMALS 6-7-1 Maintenance of Property 6-7-2 Sanitary Regulations 6-7-3 Enforcement SECTION 6-7-1 MAINTENANCE OF PROPERTY A.No person,firm or corporation shall be permitted to keep or harbor any animal in such a manner that the condition of such animal shall cause fly breeding,rodent breeding,obnoxious or offensive odors or constitute a 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 AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 19 OF 26 sound so as to contain such animals safely and securely. SECTION 6-7-2 SANITARY REGULATIONS A.Manure shall be completely removed from any yard,corral,barn,enclosure or any other structure used for the purpose of housing,keeping or caring for any animal or animals as often as necessary to maintain a sanitary premise. B.Drinking troughs 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 mosquitos or other noxious insects. 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 fly breeding,rodent breeding or obnoxious odors do not exist. E.Manure shall be contained on the property on which the animal or animals generating the manure are kept or harbored so as to prevent the manure from entering onto an adjoining property.Containment procedures must consider acts of nature such as rainfall and wind,as well as natural drainage courses and sloping terrain. SECTION 6-7-3 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 animal control officer to take into custody any animals which are maintained in such conditions in violation of this code in accordance with the provisions as contained in Article 6-2 of this chapter. AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 20 OF 26 ARTICLE 6-8 POTBELLIED PIGS 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 Keeping of Potbellied Pigs 6-8-7 Number Permitted 6-8-8 Commercial Breeding Prohibited SECTION 6-8-1 LICENSES AND TAGS A.A license shall be required,with a fee as established 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 boundaries of the city for at least thirty days of each year.The license is valid for 12 months from the month of issue and shall expire if not renewed by the end of each year.A penalty not to exceed three dollars shall be added to the license fee in the event that the application is made 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 potbellied pig to be licensed has been in their possession less than thirty days or who have resided in the city less than thirty days of each year. B.Durable license tags shall be provided by the City.Each potbellied pig licensed under the terms of this article shall receive,at the time of licensing,such a tag on which shall be inscribed the name of the city, the number of the license and the year of issue.All license tags shall expire 12 months from the month of issue.The tag shall be attached to a collar or harness which shall be worn by the potbellied pig at all times except as may be otherwise provided in this article.Whenever a license tag is lost,a duplicate tag shall be issued upon application by the owner. AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 21 OF 26 C.It is unlawful for any person to counterfeit or attempt to counterfeit an official license tag or remove such tag from any potbellied pig for the purpose of willful and malicious mischief or place a license tag upon a potbellied pig unless the tag was issued to that potbellied pig. D.Whenever the ownership of a potbellied pig has changed,the new owner must obtain a new license and pay the fees. E.The enforcement agent shall apprehend and impound any potbellied pig found without a current valid license tag. SECTION 6-8-2 RUNNING AT LARGE A.No person owning,keeping,possessing,harboring or maintaining any potbellied pig shall allow such potbellied pig to be at large as defined in Section 6-1-1(8),subject to the permission of the Public Safety Director pursuant to this Article.. B.The enforcement agent shall apprehend and impound any potbellied pig running at large. SECTION 6-8-3 IMPOUNDMENT A.Impoundment regulations 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 A.Whenever a potbellied pig bites any person,the incident shall immediately AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 22 OF 26 be reported to the enforcement agent by any person having direct knowledge of the incident. B.Any licensed potbellied pig 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 of an unlicensed potbellied pig that has bitten a person may voluntarily deliver the potbellied pig to the enforcement agent at the pound;otherwise there shall be an assessment against the owner if the enforcement agent must pick up the potbellied pig.If the potbellied pig is impounded in the pound for observation as a result of a potbellied pig bite incident,there shall be a per day charge for board,and no other impoundment fees shall be charged under these circumstances. C.Any potbellied pig properly licensed pursuant to this chapter that bites any person may be confined and quarantined at the home of the owner or wherever the potbellied pig is harbored and maintained with the written consent of and in a manner prescribed by the enforcement officer.The potbellied pig 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 in subsections B and C of this section and,prior to the release of the potbellied pig,the potbellied pig shall be examined by a licensed veterinarian and released only i f the veterinarian determines that the potbellied pig does not exhibit signs of rabies infection or any other dangerous,contagious and infectious disease. E.I f i t is determined that the potbellied pig is infected with rabies or other dangerous,contagious and infectious disease,i t shall be the duty of the enforcement agent to destroy such potbellied pig in as humane a manner as reasonably possible.Following such action or if the potbellied pig dies during the period of quarantine or impoundment,its head shall be sent to the state department of health services or appropriate diagnostic laboratory for examination. AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 23 OF 26 SECTION 6-8-5 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. SECTION 6-8-6 KEEPING OF POTBELLIED PIGS The provisions of Article 6-7 of this chapter shall be applicable to the keeping of potbellied pigs. SECTION 6-8-7 NUMBER PERMITTED No more than three potbellied pigs as defined in this article shall be allowed per household.Potbellied pigs kept in this manner shall be considered as pets provided,however,they are not kept for purposes of retail sales or commercial breeding. SECTION 6-8-8 COMMERCIAL BREEDING PROHIBITED No potbellied pigs shall be kept for purposes of commercial breeding or retail sales.Any potbellied pig as permitted under this chapter shall be kept only as a pet or as a show animal within the limitations of Section 6-8-8.The provisions of Section 6-1-7 of this chapter shall not apply to this Article. AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 24 OF 26 ARTICLE 6-9 KEEPING OF SWINE FOR SPECIAL PROJECTS 6-9-1 Limitations on Location and Quantity 6-9-2 Time Limitations 6-9-3 Sanitary Conditions 6-9-4 Registration Required 6-9-5 Termination of Project SECTION 6-9-1 LIMITATIONS ON LOCATION AND QUANTITY Swine or pigs as defined in this Chapter shall be kept on minimum one -acre lots located only in areas having the general rural (GR) zoning designation as defined in the Land Development Code,Chapter 1, Article 15,Section 15.0100.At no time shall the number of swine or pigs exceed one per family nor shall the number exceed one per parcel or lot. SECTION 6-9-2 TIME LIMITATIONS All such swine or pigs permitted under this article shall be considered as part of a terminal market project or other similar educational project subject to the guidelines of a political subdivision of this state or an educational institution.All such guidelines shall specify a period of time for termination of the project.All such swine and pigs kept in conjunction with an educational project shall be limited to a period of time commencing November 1 and ending on March 31,of the subsequent year in conjunction with the scheduling of the Pinal County Fair.At no other time shall such swine or pigs be permitted to remain on any parcel or lot. SECTION 6-9-3 SANITARY CONDITIONS A.All swine or pigs kept in accordance with this article shall be fed only manufactured swine feed in pellet form and shall not be fed refuse or garbage. AMENDMENTS TO CHAPTER 6 ANIMALS,APRIL 21,1998 PAGE 25 OF 26 B.The area in which such swine pigs are harbored or maintained shall be kept clean with all manure disposed of properly and on a daily basis.No standing water or mud bog shall be permitted.Water will be provided by means of a manufactured animal activated watering system with an automatic shut-off valve to terminate water flow,such as a lixit system. SECTION 6-9-4 REGISTRATION REQUIRED All swine or pigs kept in accordance with this article shall be tagged, photographed and registered with the animal control office. SECTION 6-9-5 TERMINATION OF PROJECT I f any swine or pig kept in conjunction with a project as permitted by this article fails,for any reason,to fulfill the requirements as imposed by this article,the animal may be impounded as livestock pursuant to the provisions of Article 6-2 of this code.Any animal not fulfilling the project requirements shall not be returned to the participating owners'residence or to the site at which it was previously harbored. AMENDMENTS TO CHAPTER 6 ANIMALS, APRIL 21, 1998 PAGE 26 OF 26