CHAPTER 6-02
DOGS
SECTIONS:
6-02-001-0001 FAILURE TO CONTROL DOG
6-02-001-0002 IMPOUNDMENT
6-02-001-0003 REDEMPTIONS; FEES
6-02-001-0004 DESTRUCTION OF DOGS
6-02-001-0005 INTERFERENCE WITH OFFICERS PROHIBITED
6-02-001-0006 VACCINATION OF DOGS
6-02-001-0007 LICENSE TAG
6-02-001-0008 COLLARS REQUIRED
6-02-001-0009 TERM OF LICENSE
6-02-001-0010 ABILITY TO CONTRACT
6-02-001-0011 PROHIBITED ACTS
6-02-001-0012 VIOLATIONS, PENALTIES
6-02-001-0013 EXEMPTIONS
6-02-001-0014 SEVERABILITY
6-02-001-0001 FAILURE TO CONTROL DOG
A. Dog at Large. Every person owning or having charge, care, custody or control of any dog of any age shall keep such dog exclusively upon his or her own premises; provided, however, that the dog may be off such premises if it is under the control of a competent person and restrained by a chain, leash, rope or cord of sufficient strength to contain and control such dog.
1. It shall be unlawful for a dog owned by or in the charge, care, custody, or control of any person to be at large within the boundaries of the City.
B. Vicious Dog.
1. Any person owning or having charge, care, custody, or control of a vicious dog shall maintain such dog on his or her own premises unless such dog is under the control of a competent person and is securely leashed and muzzled.
2. Any person owning or having charge, care, custody, or control of a vicious dog shall confine said vicious dog.
3. It shall be unlawful for a vicious dog owned by or in the charge, care custody, or control of any person to be at large within the boundaries of the City.
C. Definitions.
1. Vicious dog:
a. A dog that bites a human being without provocation; or
b. A dog with a known propensity, tendency, or disposition to bite human beings; or
c. A dog that while at large kills or causes injury to domestic animals; or
d. A dog declared to be a vicious dog by a City Magistrate after a determination at a hearing of a pattern of aggressive behavior that has caused injury, apprehension or intimidation of a person.
2. Unconfined means while on the premises of its owner or the person having charge, care, custody or control of such dog, the dog is not securely indoors or within a securely enclosed and locked pen or dog run area. Such pen or dog run area must be adequate to prevent the dog’s escape from the pen or dog run area.
3. Premises means any property that is owned or leased by the dog owner, or the person having charge, care, custody, or control over the dog. (Ord. 1395, 10/01/1985; Ord. 2005-12, Amended, 05/03/2005; Ord. 2017-17, Amended, 06/20/2017)
6-02-001-0002 IMPOUNDMENT
Every dog found running at large within the City limits may be impounded at a pound to be designated by the Chief of Police, and there kept for a period of seventy two (72) hours.
If the owner of the dog found running at large within the City limits can be ascertained at the time of or immediately following the occurrence of the violation of this Chapter, the Animal Control Officer may issue a citation to that owner in lieu of impounding the dog. The procedure for the issuance of citations and notices to appear shall be as provided for peace officers in Section 13-3903, Arizona Revised Statutes, except that the Animal Control Officer shall not make an arrest. (Ord. 1064, 09/05/1978; Ord. 2005-12, Amended, 05/03/2005)
6-02-001-0003 REDEMPTIONS; FEES
Within seventy two (72) hours after the impoundment of the dog under the provisions of the preceding section, if the ownership of the dog is proven and the owner calls for it, he shall be able to remove it on the payment of a fee in accordance with the following table together with the costs of impoundment, said fees to be paid to the City Treasurer or his designated agent.
|
First occurrence of impoundment |
$50.00 |
|
Second occurrence of impoundment for same dog and same owner within twelve (12) months |
$100.00 |
|
Third occurrence of impoundment for same dog and same owner within twelve (12) months |
$200.00 |
|
Fourth occurrence of impoundment for same dog and same owner within twelve (12) months |
$400.00 |
If such dog is licensed and the collar bearing the license number is lost or the license tag is lost, the replacement of such at the expense of the owner shall be required before he is allowed to remove the dog. If the dog is unlicensed, the owner who desires to redeem the dog shall deliver a certificate of vaccination to the City Treasurer, or his designated agent, and pay to him the required license fee and other fees in accordance with the provisions of this chapter, and thereupon the owner so reclaiming such dog shall be entitled to a license and numbered tag as provided in this chapter. (Ord. 1395, 10/01/1985; Ord. 1810, Amended, 06/15/1993; Ord. 2005-12; Amended, 05/03/2005)
6-02-001-0004 DESTRUCTION OF DOGS
If the ownership of an impounded dog is not proven within seventy two (72) hours, the dog shall be destroyed in a humane manner; provided, however, that the City, through its own animal shelter or with an entity providing animal control services pursuant to contract, may give or sell any such unredeemed dog to any person who will procure for the dog the necessary collar or collar and tag with a license number thereon, and furnish the necessary vaccination as provided in this chapter and the fees required in the preceding section. (Ord. 1810, Amended, 06/15/1993)
6-02-001-0005 INTERFERENCE WITH OFFICERS PROHIBITED
It shall be unlawful for any person to interfere with or oppose the Chief of Police, or any of his officers, or animal control officers, while engaged in the performance of this chapter. (Ord. 942, 01/13/1975)
6-02-001-0006 VACCINATION OF DOGS
Every person who keeps a dog within the City shall cause such dog to be vaccinated against rabies and shall obtain from the Treasurer, or his designated agent, an annual license for the keeping of such dog. No license shall be issued unless at the time of applying for the annual license the applicant presents to the City Treasurer, or his designated agent, a certificate showing the dog to have been vaccinated against rabies by an approved veterinarian or institution within the time period for vaccination or revaccination as designated by the State Veterinarian. (Ord. 1281, 8-2-83; Ord. No. 2005-12; Amended, 05/03/2005)
6-02-001-0007 LICENSE TAG
A. Required: Every person who keeps a dog within the City shall, in addition to the vaccination and license required by this Chapter, obtain from the Treasurer or his designated agent a dog tag, for all dogs three months of age or older. The dog tag fee is ten dollars ($10.00) for each neutered or spayed dog or twenty dollars ($20.00) for each unneutered or unspayed dog to be tagged and shall be paid to the City Treasurer or his designated agent. The maximum fee for purchase of multiple dog tags by one owner owning five or more dogs shall be eighty dollars ($80.00). The City Treasurer, or his designated agent, shall procure and keep in his office such number of metal tags as may be necessary and of such size and shape as he shall deem expedient, and upon payment to him by any person of the proper sum as herein provided, shall issue to each person for each sum so paid one of said tags, after having stamped thereon the number of the same, numbering such tags consecutively in the order of said payments, and shall also furnish every person paying such sum a receipt for each and every payment so made and register the name of the person, the amount paid and the number or numbers of such receipts in a book to be kept in his office for such purpose. Duplicate or replacement tags shall be available for one dollar ($1.00) for each tag.
B. Exemption: Notwithstanding any section of this Title, a dog is exempt from any license fee if said dog was procured from, and within three (3) years shall be returned to, any nonprofit organization which consequently trains the dog as a service or assistance dog used by an individual with a disability. (Ord. 1864, 04/18/95)
(Ord. No. 1647, Amended, 11/21/89; Ord. No. 1810, Amended, 06/15/93; Ord. No. 2005-12; Amended, 05/03/2005)
6-02-001-0008 COLLARS REQUIRED
At all times when a dog is off the premises of its owner, said dog shall have a collar around its neck with the metal tag aforesaid securely fastened thereto. (Ord. 942, 1-13-75; Ord. No. 2005-12; Amended, 05/03/2005)
6-02-001-0009 TERM OF LICENSE
The license and dog tag issued under this Chapter shall expire and become automatically ineffective as a means of protection to dogs one year after the date issues, or upon expiration of the required rabies vaccination. A fee in the sum of five dollars ($5.00) shall be assessed as a late fee for relicensing of dogs after the expiration date. Any dog tag or license issued under the provisions of this Chapter may be removed or the privileges therein given suspended at any time at the discretion of the Council by resolution duly passed at any regular or special meeting. (Ord. 1196, 3-2-82; Ord. No. 2005-12; Amended, 05/03/2005)
6-02-001-0010 ABILITY TO CONTRACT
The City, through its City Manager, may enter into any contractual agreements which provide for the services necessary to implement the provisions of this Chapter, appoint an agent or agents of the City with authority to issue licenses and tags, to collect fees as provided in this Chapter, give receipts therefor and remit such fees to the City Treasurer. (Ord. 1810, 06/15/93)
(Ord. No. 1810, Amended, 06/15/93)
6-02-001-0011 PROHIBITED ACTS
A. Dog fighting: No person shall own or harbor any dog for the purpose of dog fighting, or training of a dog to attack or cause any injury to any domestic animal.
B. Neglect: It is unlawful for any person owning or having charge, care, custody or control of any dog within the City limits to not properly care for said dog. To properly care for a dog requires providing the dog with sufficient food and water, maintaining the dog in good health, providing the dog with adequate shelter from the elements, and keeping dog pens or dog runs clean and sanitary, generally free of fecal and other matter than may attract flies, rodents, or cause an offensive odor that may disturb the comfort of any person.
C. Barking or howling dogs: It is unlawful for any person owning or having the care, custody or control of any dog to permit said dog to bark, bay, howl or make any other noise, day or night, in such an unreasonable manner as to disturb the peace and quiet of any person or persons.
D. Animal cruelty: A person commits animal cruelty if the person does any of the following:
1. Intentionally, knowingly or recklessly cruelly beats, tortures, torments, mutilates or unlawfully kills an animal.
2. Intentionally, knowingly or recklessly causes, permits or authorizes the cruel beating, torturing, tormenting, mutilation or unlawful killing of an animal.
3. Intentionally, knowingly or recklessly cruelly drives or works an animal when unfit for labor.
4. Intentionally, knowingly or recklessly causes, permits or authorizes an animal to be cruelly driven or worked when unfit for labor.
(Ord. No. 1810, Amended, 06/15/93)
6-02-001-0012 VIOLATIONS, PENALTIES
A. A violation of Section 6-02-001-0006, Vaccination of Dogs or Section 6-02-001-0007, License Tag is a petty offense and is punishable by a maximum fine of three hundred dollars ($300.00). A violation of Section 6-02-001-0001 (A), Dog at Large is a class two misdemeanor and is punishable by a fine of not less than fifty dollars ($50.00). A violation of Section 6-02-001-0001 (B), Vicious Dog is a class one misdemeanor and is punishable by a fine of not less than two hundred dollars ($200.00). A violation of any other Section of this Chapter is a class two misdemeanor and is punishable by a maximum fine of seven hundred fifty dollars ($750.00) and / or up to four months in jail.
B. Upon a conviction for a violation of Section 6-02-001-0001 (B), Vicious Dog, the City Magistrate may hold a hearing to determine if sufficient cause exists to destroy said vicious dog, and if sufficient cause is found then the Magistrate shall order the humane destruction of the dog. However, if the vicious dog has previously been the subject of a Vicious Dog conviction, the City Magistrate shall hold a hearing to determine if sufficient cause exists to destroy said vicious dog, and if sufficient cause is found then the Magistrate shall order the humane destruction of the dog.
Upon a conviction for a violation of Section 6-02-001-0011 (A) Dog fighting, (B) Neglect or (D) Cruelty, the City Magistrate may hold a hearing to determine if sufficient cause exists to order the dog owner to relinquish the dog for its protection, and if such cause is found then the court shall order that the owner relinquish the dog.
C. When a person convicted of a violation of Section 6-02-001-0001 hereof has previously been convicted of a violation of that Section within a period of twelve (12) months, such person shall be punished by a fine of not less than one hundred fifty dollars ($150.00), except if violation involves a "vicious dog" such person shall be punished by a fine of not less than five hundred dollars ($500.00). The dates of the commission of the offense shall be the determining factor in applying the above increased penalty rule. The City Magistrate shall also order the defendant to pay a one hundred dollar ($100.00) surcharge to the City Treasurer to offset the City’s cost of funding an animal shelter.
(Ord. No. 1810, Amended, 06/15/983; Ord. No. 1810, Amended, 06/15/93; Ord. 2005-12; Amended 05/03/2005)
6-02-001-0013 EXEMPTIONS
A. Nothing in this Chapter shall apply to a training agency or officer while acting in the scope of their official duty.
B. Dogs, not including vicious dogs, being exhibited or trained at a recognized kennel event, public school or park sponsored event, need not be restrained during such exhibition or training. (Ord. 1395, 10-1-85; Ord. 2005-12; amended 05/03/2005)
6-02-001-0014 SEVERABILITY
If any provision, clause, sentence, or paragraph of this Ordinance or the application thereof to any person or circumstances shall be held invalid, that invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable.