Chapter 6.05
RULES AND REGULATIONS
Sections:
6.05.020 Impeding animal control officer.
6.05.050 Dangerous or vicious animals.
6.05.070 Disturbing the peace.
6.05.010 Definitions.
A. “At large” means off the premises of the owner or not under the control of the owner or other persons acting for or on behalf of the owner.
B. “Collar” means a band, chain, harness or suitable device worn around the neck of the dog to which a license may be affixed.
C. “Dangerous” or “vicious” means an animal or dog which has a propensity to attack, to cause injury or otherwise endanger the safety of human beings without provocation or which has been found to be a vicious animal by a court of competent authority, which bites, inflicts physical injury on or attacks a human being, or constitutes a physical threat to other animals.
D. “Dog” means a member of the “Canis familiaris” family.
E. “Owner” means any person owning, keeping, possessing, harboring, or maintaining a dog or an animal.
F. “Pound” means any establishment authorized by the town for the confinement, maintenance, safekeeping, and control of dogs that come into custody of the animal control officer.
G. “Vaccination” means an anti-rabies vaccination using a type of vaccine approved by the State Veterinarian.
H. “Animal control officer” means the animal control officer of the town, his designee or any peace officer responsible for the enforcement of this title.
I. “Control of owner” means an owner or person responsible for the animal has immediate verbal control or actual physical control of said animal.
J. “Animal” or “animals” means horses, mules, burros, cattle, goats, sheep, cats, swine, llamas, ostriches, emus or other livestock, poultry, or any other animal that is susceptible to rabies, except dogs.
K. “Wild animal” means an animal of a wild nature or disposition. [Ord. 47 § 3, 1997. Code 1983 § 5-2-1.]
6.05.020 Impeding animal control officer.
It is unlawful for any person to, in any manner, intervene, impede, prevent, obstruct or intimidate the animal control officer in the discharge of his duties in citing and impounding, or who shall rescue or attempt to rescue any animal which has been impounded. [Ord. 47 § 3, 1997. Code 1983 § 5-2-2.]
6.05.030 Public nuisance.
Any animal which does any of the following is hereby declared to be a public nuisance and may be impounded by the animal control officer at a cost to be borne by the owner. It is unlawful for any person to permit such animal or animals to:
A. Molest passersby or passing vehicles;
B. Attack other animals;
C. Trespass on school grounds;
D. Repeatedly be at large;
E. Damage public or private property;
F. Bark, whine, howl, crow or burrow in an excessive, continuous or untimely fashion;
G. Repeatedly cause garbage to be thrown about. [Ord. 47 § 3, 1997. Code 1983 § 5-2-3.]
6.05.040 Animals at large.
A. Any person who keeps or causes to be kept any animal (except for cats) within the corporate limits of the town shall keep such animal in a pen, corral, pasture or similar enclosure to prevent their roaming at large. No such animal shall be kept within 50 feet of any occupied structure which is not occupied by the owner.
B. It is unlawful to permit any animal to run at large in the town. Any such animal may be impounded as provided in this chapter.
C. It is unlawful to picket or tie any animal on any of the streets or rights-of-way of the town for the purpose of grazing or feeding if it interferes with the safe passage of pedestrians or vehicles.
D. Any animal at large may be impounded by the animal control officer.
E. The owner of an animal is liable for damages caused by such animal while at large. [Ord. 47 § 3, 1997. Code 1983 § 5-2-4.]
6.05.050 Dangerous or vicious animals.
It is unlawful to permit a dangerous or vicious animal of any kind to run at large within the town limits. Any such animals may be immediately impounded.
A. Upon complaint of any person, and after notice to the owner and a civil hearing, the town magistrate may determine that an animal is dangerous or vicious and order one or more of the following:
1. Order the destruction of said animal;
2. Order that such animal be confined within a building or secure enclosure;
3. Order that such animal be securely muzzled or caged at all times.
B. The animal control officer is authorized to destroy any dangerous animal of any kind, upon an order from the town magistrate or when it is necessary for the protection of any person or property, when in their judgment the animal (1) is dangerous or vicious, and (2) cannot be safely impounded. [Ord. 47 § 3, 1997. Code 1983 § 5-2-5.]
6.05.060 Wild animals.
Exhibitions or parades of wild animals may be conducted only upon securing a permit from the police department. [Ord. 47 § 3, 1997. Code 1983 § 5-2-6.]
6.05.070 Disturbing the peace.
No person owning, keeping, possessing, harboring or maintaining an animal shall suffer or permit such animal to disturb the peace and quiet of any person any time of day or night by barking, whining, howling, crowing, braying or by making any other similar objectionable noise, or by running through or across cultivated gardens, fields or landscaped yards. [Ord. 47 § 3, 1997. Code 1983 § 5-2-7.]
6.05.080 Swine.
It is unlawful to keep any live swine or pot-bellied pigs in the town within 75 feet of any building used for human residence. [Ord. 47 § 3, 1997. Code 1983 § 5-2-8.]
6.05.090 Diseased animals.
A. Diseased Animals. No animal afflicted with a contagious or infectious disease shall be allowed to run at large or be exposed to any public place whereby the health of man or beast may be affected.
B. Removal of Suspected Diseased Animals. It shall be unlawful for any person knowing or suspecting an animal has rabies or a contagious or infectious disease to allow such an animal to be taken off his premises or beyond the limits of the town without the written permission of the animal control officer. Every owner or other person knowing or suspecting that an animal has rabies or any contagious or infectious disease shall immediately notify the animal control officer who shall remove the animal to the pound or summarily destroy it, except in cases where the State Health Officer or State Veterinarian is empowered to act. [Ord. 47 § 3, 1997. Code 1983 § 5-2-9.]
6.05.100 Impoundment.
A. Notice to Owners of Impoundment.
1. If the owner of any impounded animal shall be known to the animal control officer and shall reside or have a known place of business in the town, the animal control officer shall notify the owner of such animal personally or by letter through the post office or by notice placed at the residence of the owner within 48 hours after such animal has been impounded. The notice shall contain a description of the animal and shall state that, unless claimed, such animal shall be adopted or destroyed at the time and place specified in the notice.
2. An animal impounded pursuant to this title may be sold at public auction to the highest bidder. Copies of the notice shall be posted at the place of impoundment and at the Town Hall.
B. Report of Impounded Animals. The animal control officer shall, after impounding any animal, make a report stating the kind of animal and describing it by color or otherwise or by any marks or brands that may be on it and when it was impounded.
C. Conditions and Duration of Impoundment. The animal control officer shall provide for the keeping of all animals impounded by the department in a safe, convenient and comfortable place within or near the town limits and shall feed such animals at least once during every 24 hours and treat them in a humane manner during the time they are impounded, which shall not be less than three days, unless sooner claimed by the owner.
D. Redemption of Impounded Animals. If the owner of any animal shall within 72 hours after such animal has been impounded, apply to the animal control officer and pay the fees and charges established by this title, the animal control officer may deliver any such animal to the owner or shall arrange for the owner to pick up the animal from the pound or impound location unless that animal has been impounded pursuant to TTC 6.05.110. [Ord. 47 § 3, 1997. Code 1983 § 5-2-10.]
6.05.110 Biting animals.
Whenever any animal bites a person, such person and the owner of the animal shall immediately notify the animal control officer, who shall arrange for quarantine of the animal to be made and shall order the animal to be held on the owner’s premises or shall have it impounded at the pound or at the veterinary hospital at the owner’s expense as long as necessary for a complete examination or for the length of the quarantine which will not be less than 10 days. Livestock shall be confined and quarantined for the 14-day period in a manner regulated by the Arizona Department of Agriculture. Caged or pet rodents or rabbits shall not be quarantined or laboratory tested. If it is determined that the animal is infected with rabies or any other dangerous, infectious or contagious disease, it shall be the duty of the animal control officer to destroy the animal. If, at the end of the quarantine or impoundment, it is determined that the animal is free from such disease, the animal shall be released, and the owner will assume all the costs related to the quarantine or impoundment. If the animal dies during the period of quarantine or impoundment, its head shall be sent to the State Department of Health for examination. Any wild animals, with the exception of wild rodents or rabbits, which bite any person may be killed and submitted to the animal control officer for transmission to an appropriate diagnostic laboratory. A wild rodent or rabbit may be submitted for laboratory testing if the animal has bitten a person and either the animal’s health or behavior indicates that the animal may have rabies or the bite occurred in an area that contains a rabies epizootic as determined by the Department of Health Services. [Ord. 47 § 3, 1997. Code 1983 § 5-2-11.]