ARTICLE II.
DOGS AND CATS
Sec. 3-21 Definitions.
Barking dog means a dog that barks, bays, howls, or makes any other noise continuously and incessantly that causes a disturbance of a reasonable person.
Cat that is a public nuisance means a cat that damages, defiles or soils either public or private property or harms the lawful users or occupants thereof; a cat that makes excessive noise or attacks other domestic animals. This section shall not apply to property of the owner or caregiver of the cat or the property owned or controlled by persons who have invited or permitted the owner or caregiver of a cat to bring or allow such cat upon the premises.
Person with special needs means any person who, because of a physical or mental disability or condition, requires the assistance of a dog.
Police dog means any dog, specially trained for assistance to enforcement officers, which is under the control of enforcement officers in the performance of their duties.
(Ord. No. 1681, § 1, 7-6-10)
Sec. 3-22 Number of pets per residence.
(a) On residential lots under forty thousand (40,000) square feet, the number of dogs over the age of four (4) months shall be limited to three (3) per residence. The number of cats over the age of four (4) months shall be limited to three (3) per residence. The total number of dogs, cats or any combination thereof over the age of four (4) months shall not exceed three (3) per residence.
(b) On residential lots of forty thousand (40,000) square feet or greater, the number of dogs over the age of four (4) months shall be limited to four (4) per residence. The number of cats over the age of four (4) months shall be limited to four (4) per residence. The total number of dogs, cats or any combination thereof over the age of four (4) months shall not exceed four (4) per residence.
(Ord. No. 1681, § 1, 7-6-10; Ord. No. 1810R, § 1, 3-15-16)
Sec. 3-23 Public nuisance.
(a) No person owning, keeping, possessing, harboring or maintaining a cat shall allow such cat to be a public nuisance.
(b) Enforcement officers shall capture and impound any cat found to be a public nuisance in violation of the provisions of this section, or criminally cite the owner into city court, or both.
(c) When it is necessary for the protection of people or property, any duly appointed enforcement officer who has reasonable cause to believe that a cat that is a public nuisance or is a vicious cat and who reasonably believes that the cat cannot be safely captured and impounded, may take appropriate steps to capture or destroy the vicious cat as humanely as possible with due regard for the safety of all humans or other animals.
(Ord. No. 1681, § 1, 7-6-10)
Sec. 3-24 Animal at large while in estrus—Prohibited.
It is unlawful for the owner or person having possession, charge, custody, control or careship of any female dog or cat to cause or permit or allow the same to stray or run or in any other manner to be at large within the city while such female dog or cat is in estrus.
(Ord. No. 1681, § 1, 7-6-10)
Sec. 3-25 Running at large.
(a) No person owning, keeping, possessing, harboring, or maintaining a dog shall allow said dog to be at large. A dog is not deemed to be at large:
(1) While it is in the owner’s yard under voice control by owner;
(2) While it is tethered and restrained, by a person, using a leash, chain, rope or cord of sufficient strength to control its actions. The leash, chain, rope or cord shall not exceed six (6) feet in length while the dog is being walked in public;
(3) While the dog is confined by an enclosure;
(4) While said dog is being exhibited at an approved kennel club show on private property.
(b) The animal control agent shall either capture and impound any dog running at large contrary to the provisions of this section, or he may, in lieu of impoundment, cite the owner into municipal court.
(c) When it is necessary for the protection of person or property any duly appointed police officer who has reasonable cause to believe that a dog at large is a vicious dog and who reasonably believes that the dog cannot be safely captured and impounded may take appropriate steps to capture or destroy the vicious dog in any humane manner.
(d) In addition to any other penalty, if the victim suffers economic loss as a result of a violation of this section, the magistrate shall order the dog owner or such person keeping, possessing, harboring or maintaining the dog when such economic loss was inflicted to pay restitution to the victim, in the full amount of the victim’s economic loss, as determined by the magistrate. This remedy shall not abridge any civil cause of action by the victim.
(Ord. No. 1681, § 1, 7-6-10)
Sec. 3-26 Disturbing the peace.
(a) Any person who keeps or permits to remain on any premises within the city any “barking dog” as defined by this code is guilty of a violation of this section; provided, that during the time the dog(s) is/are barking, no person is trespassing or threatening to trespass or no person is teasing or provoking the dog.
(b) Any two (2) unrelated persons living in different households within five hundred (500) feet of the property line of the disturbance who are disturbed by a “barking dog” as defined by this code may, after signing an affidavit setting forth the information about the offending animal, request a police officer or animal control officer to issue a citation to the owner for the dog(s) disturbing the peace.
(c) Nothing in this section will prevent a police officer or animal control officer from issuing a citation if they observe the dog creating a disturbance.
(Ord. No. 1681, § 1, 7-6-10)
Sec. 3-27 License required.
It is unlawful for any person to own, harbor or keep a dog over four (4) months of age without a Kingman license for such animal residing in the Kingman city limits more than sixty (60) consecutive days within a period of one (1) year.
(Ord. No. 1681, § 1, 7-6-10)
Sec. 3-28 License fees.
(a) License fees shall be assessed according to the comprehensive fee schedule.
(b) The license fee shall be paid within thirty (30) days of the date the owner acquires the dog or brings the dog within the city.
(c) A dog used as a service animal as defined in A.R.S. § 11-1024 that belongs or provides specialized assistance to a disabled person, blind person, or a person with special needs or any organization or person in the business of training dogs that are to be used as service animals, or an individual who uses a search and rescue dog, shall, on presentation of proper proof of vaccination, be licensed pursuant to this chapter without payment of a fee. Dogs used solely as watch dogs or guard dogs are not exempt from a license fee under this section.
(1) An applicant for a license for a service dog shall sign a written statement that the dog is a service animal as defined in A.R.S. § 11-1024.
(2) An applicant for a license for a search and rescue dog shall provide adequate proof satisfactory to the agency that the dog is a search and rescue dog.
(Ord. No. 1681, § 1, 7-6-10; Ord. No. 1812, § 1, 6-7-16)
Sec. 3-29 Tags.
(a) Each dog licensed under the terms of this chapter shall receive, at the time of licensing, a tag on which shall be inscribed the name of the city and the number of the license. The tag shall be attached to a collar which shall be worn by the dog at all times except as otherwise provided. Whenever a dog tag is lost, a replacement tag will be issued for a fee set by the comprehensive fee schedule.
(b) Dogs while being exhibited at an approved kennel club event, or dogs engaged in races approved by the Arizona Racing Commission, and while such dogs are being transported to and from such events, need not wear a collar or harness with a valid license attached; provided, that they are properly vaccinated, licensed and controlled.
(c) Any person who counterfeits or attempts to counterfeit an official dog tag, or removes such tag from any dog for the purpose of willful and malicious mischief, or places a dog tag upon a dog, unless the tag was issued to that dog, is guilty of a Class I misdemeanor.
(Ord. No. 1681, § 1, 7-6-10; Ord. No. 1812, § 1, 6-7-16)
Sec. 3-30 License transfer.
Except as provided in this section, a dog license shall not be transferable.
(Ord. No. 1681, § 1, 7-6-10)
Sec. 3-31 Rabies vaccination prerequisite to license issuance.
(a) Before a license is issued for any dog, its 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 revaccination is due.
(b) A dog vaccinated in any other place prior to entry into the city may be licensed; 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, 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 revaccination is due.
(c) No dog shall be licensed unless it is vaccinated in accordance with the provisions of this chapter and the regulations promulgated hereunder.
(Ord. No. 1681, § 1, 7-6-10)
Sec. 3-32 Proof of neutering.
Before a neutered dog license is issued for any dog its owner must present a certificate to the animal shelter that such dog has been neutered. A certificate is not required if animal control can otherwise determine that a male dog has been desexed.
(Ord. No. 1681, § 1, 7-6-10)
Sec. 3-33 Impoundment.
It shall be the duty of enforcement officers designated by the city to take up and impound any animal or fowl found running at large within the city contrary to the provisions of this chapter. Such animal or fowl shall be confined at the animal shelter or at some other suitable place designated by the enforcement officer. All animals or fowl so impounded shall be properly fed and cared for while so confined.
(Ord. No. 1681, § 1, 7-6-10)
Sec. 3-34 Impoundment of dog at large or cat that is a public nuisance—Notice to owner.
(a) An enforcement officer shall make reasonable attempts to notify the owner of any licensed dog which is found at large and thereafter impounded.
(b) An enforcement officer shall make reasonable attempts to notify the owner of any cat that is a public nuisance and thereafter impounded.
(Ord. No. 1681, § 1, 7-6-10)
Sec. 3-35 Length of impoundment.
(a) Any impounded, unlicensed dog which is found at large, or any impounded cat that is a public nuisance, shall be kept and maintained at the animal shelter for a minimum of three (3) days, not including the first day of impoundment.
(b) Any impounded, licensed dog which is found at large shall be kept and maintained at the animal shelter for a minimum of five (5) days, not including the first day of impoundment, unless claimed by its owner.
(c) Any unwanted dog or cat which is turned in by his owner shall be kept and maintained by animal control for at least twenty-four (24) hours. This requirement may be waived by the owner or animal control if the animal is sick or vicious or the kennel is full.
(d) If a dog or cat is not claimed or adopted after expiration of the holding period, such dog or cat may be euthanized by animal control.
(Ord. No. 1681, § 1, 7-6-10)
Sec. 3-36 Redemption.
(a) Dogs which are licensed pursuant to this chapter or cats that are impounded may be redeemed by paying the redemption fees as per the fee schedule.
(b) Unlicensed dogs found to be running at large and which are impounded will require the owner to first prepay for the city dog license and pay the required fees before claiming or redeeming the animal.
(Ord. No. 1681, § 1, 7-6-10)
Sec. 3-37 Adoption.
Persons may purchase an impounded dog which was found at large or cat found to be a public nuisance, or an unwanted dog or cat, at the expiration of the required impoundment time, if they pay all adoption fees and in the case of a dog obtain a city license. Animals shall not be adopted for resale, for dog baiting or dog fighting.
(Ord. No. 1681, § 1, 7-6-10)
Sec. 3-38 Treatment of injured or diseased dogs or cats.
(a) Any dog or cat which is suffering from a serious injury and which is in great pain shall be handled during impoundment as follows:
(1) If the dog is licensed, after reasonable efforts to notify the owner have failed, the dog may be delivered to a veterinarian or destroyed in a humane manner.
(2) If it is a cat or an unlicensed dog, it may be delivered to a veterinarian or destroyed in a humane manner.
(b) An enforcement officer shall deliver to a veterinarian any dog or cat which the enforcement officer believes to be suffering from an infectious or communicable disease which is a danger to other dogs, cats, or humans. If, in the opinion of the veterinarian, treatment would be unsuccessful, the dog or cat may be destroyed in any humane manner after efforts to notify the owner have failed.
(Ord. No. 1681, § 1, 7-6-10)
Secs. 3-39—3-40. Reserved.
(Ord. No. 1681, § 1, 7-6-10)