Chapter 6.04
GENERAL PROVISIONS
Sections:
6.04.015 Prohibition of Sale or Giving Away of Animals on City Streets, Sidewalks and Public Places
6.04.060 Killing Dangerous Animals
6.04.090 Disposition of Dead Animals
6.04.091 Procedure as to Biting Animals
6.04.092 Animals Bitten by Rabid Animals
6.04.095 Powers and Duties of the Humane Services Supervisor and the Humane Services Officers
6.04.096 Impeding Humane Services Officers
6.04.010 Definitions
Abuse: Any case in which an animal has been the victim of intentional or negligent conduct resulting in the animal’s bruising, bleeding, malnutrition, dehydration, burns, fractures or breaks of bones, subdural hematoma, soft tissue swelling or death and lack of veterinary care and attention.
Animal: Any organism other than human beings needing food to maintain and sustain its life and which generally has mobility and a developed central nervous system.
At Large: Off the premises of the owner and not under the control of the owner or member of his immediate family, either by leash, cord, chain or other means of physical restraint.
Canine: Shall include either male or female, whether neutered or spayed, whether fully domesticated canine or partial wolf, partial coyote, entire wolf or entire coyote.
City: The incorporated area of the City of Winslow, Arizona, including areas leased or owned by the City outside of its incorporated boundaries.
Enclosure: A fence or structure of at least four (4) feet in height, forming or causing containment suitable to prevent the entry of young children, and suitable to confine an animal in conjunction with other measures which may be taken by the owner such as tethering of the animal. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping.
Feline: Shall include either male or female cat of any breed or mixed breed whether neutered or spayed.
Humane Services Manager: Person so designated by the City, who will answer to the Director of Utility and Environmental Services.
Humane Services Officer: Persons providing animal compliance services and/or animal shelter services, which are under the direction of the Human Services Manager.
Humane Services Supervisor: Person in control of the City’s animal care facility and charged with providing supervision of the City’s animal compliance and/or animal shelter services, which are under the direction of the Humane Services Manager.
Immediate Compliance: Compliance within one (1) calendar day upon completion of notification of a determination of viciousness.
Impounded: Taken into the custody of the City animal shelter.
Livestock: Horses, mules, donkeys, burros, llamas, cattle, sheep, buffalo, goats and pigs.
Microchip: An integrated circuit, which is implanted subcutaneously in the flesh of a domestic pet.
Misuse: The intentional causing of an animal to perform a noncustomary task, which could be dangerous to the animal.
Owner: Shall be construed to include any person owning, harboring, keeping, possessing, caring or having custodial duties over any animal.
Sign: Any structure used to attract attention to any object, place, activity, person, animal or business which displays or includes any letter, word, insignia, device or representation, used as or which is in the nature of an announcement, direction or advertisement. For the purposes of this chapter, the sign shall be constructed of wood, metal or other similar weatherproof material, at least twenty-four (24) inches by twenty-four (24) inches in size, with letters in indelible or fluorescent ink with the words in clear, capital letters.
Time Limited: A time schedule for completion of steps set by the Humane Services Manager or designee, but in no case will it be longer than thirty (30) calendar days.
Vicious Animal:
A. Any animal which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks and public grounds or private property not owned or possessed by the owner of the animal;
B. Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals;
C. Any animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation. (Ord. 1224 (part), 2014: Ord. 1133 § 1, 2010; Ord. 1009 (part), 2007; Ord. 946, 2004)
(Manual, Amended, 06/18/2004)
6.04.015 Prohibition of Sale or Giving Away of Animals on City Streets, Sidewalks and Public Places
It is unlawful for any person to sell, purchase, offer for sale, attempt to purchase, barter or give away, or attempt to receive at no cost, upon any street or sidewalk of the City of Winslow, or in any public places in the City of Winslow, cats or dogs.
A violation of this City code provision shall constitute a Class 3 misdemeanor, punishable pursuant to State law. (Ord. 1224 (part), 2014: Ord. 1205, 2013)
6.04.020 Cruelty to Animals
Any person who cruelly treats any animal in the City in any way will be guilty of a Class 1 misdemeanor. Any person who inhumanely beats, underfeeds, overloads, abandons or causes abuse to any animal shall be deemed guilty of a Class 1 misdemeanor. (Ord. 1224 (part), 2014: Ord. 1009 (part), 2007; Ord. 946, 2004)
(Manual, Amended, 06/18/2004)
6.04.030 Dangerous Animals
Any person who permits any dangerous animal or vicious livestock or fowl to run at large within the City shall be guilty of a Class 3 misdemeanor. Exhibitions or parades of animals which are ferae naturae in the eyes of the law may be conducted only upon a permit from the Humane Services Manager. (Ord. 1224 (part), 2014: Ord. 1133 § 2, 2010: Ord. 1009 (part), 2007; Ord. 946, 2004)
(Manual, Amended, 06/18/2004)
6.04.040 Strays
All animals at large not wearing a current license shall be considered strays. (Ord. 1224 (part), 2014: Ord. 1009 (part), 2007; Ord. 946, 2004)
(Manual, Amended, 06/18/2004)
6.04.050 Animals at Large
Any person who permits any livestock or fowl to run at large in the City shall be guilty of a Class 3 misdemeanor. Any such livestock or fowl running at large in any public place in the City shall be impounded as provided in this chapter. Any person who pickets or ties any such animal in any of the dedicated public ways of the City for the purpose of grazing or feeding shall be guilty of a Class 3 misdemeanor. (Ord. 1224 (part), 2014: Ord. 1009 (part), 2007; Ord. 946, 2004)
(Manual, Amended, 06/18/2004)
6.04.060 Killing Dangerous Animals
A. Any person who allows any domestic animal afflicted with a contagious or infectious disease to run at large or to expose the public in any public place whereby the health of man or beast may be affected shall be guilty of a Class 3 misdemeanor. It shall be a Class 3 misdemeanor for such diseased animals to be shipped or removed from the premises of the owner thereof, except under the supervision of the Humane Services Manager.
B. It is made the duty of the Humane Services Manager to secure such disposition of any diseased animal and such treatment of affected premises as to prevent the communication and spread of the contagion or infection, except in cases where the State Health Officer or State Veterinarian is empowered to act. The members of the Police Department, the Humane Services Supervisor or Humane Services officers are authorized to kill any dangerous animal of any kind when it is necessary for the protection of any person. (Ord. 1224 (part), 2014: Ord. 1133 § 3, 2010: Ord. 1009 (part), 2007; Ord. 946, 2004)
(Manual, Amended, 06/18/2004)
6.04.070 Diseased Animals
A. Any person who allows any domestic animal afflicted with a contagious or infectious disease to run at large or to be exposed in any public place whereby the health of man or beast may be affected shall be guilty of a Class 3 misdemeanor. It shall be a Class 3 misdemeanor for such diseased animals to be shipped or removed from the premises of the owner thereof, except under the supervision of the Humane Services Manager.
B. It is made the duty of the Humane Services Manager to secure the disposition of any diseased animal and such treatment of affected premises as to prevent the communication and spread of the contagion or infection, except in cases where solely the State Health Officer or State Veterinarian is empowered to act. (Ord. 1224 (part), 2014: Ord. 1133 § 4, 2010: Ord. 1009 (part), 2007; Ord. 946, 2004)
(Manual, Amended, 06/18/2004)
6.04.080 Inspections
Any person who causes or allows any stable or place where any livestock, domestic animal or fowl is or may be kept to become unclean or unwholesome shall be guilty of a Class 3 misdemeanor. Any Humane Services officer shall be responsible for inspection of premises upon complaint and/or proper notice. (Ord. 1224 (part), 2014: Ord. 1009 (part), 2007; Ord. 946, 2004)
(Manual, Amended, 06/18/2004)
6.04.090 Disposition of Dead Animals
Dead animals shall be disposed of in accordance with the direction of a Humane Services officer. Failure to follow the lawful order of said officer shall constitute a Class 3 misdemeanor. (Ord. 1224 (part), 2014: Ord. 1009 (part), 2007; Ord. 946, 2004)
(Manual, Amended, 06/18/2004)
6.04.091 Procedure as to Biting Animals
Whenever any animal bites a person, all procedures of Section 6.12.040 shall apply except the animals shall be confined for not less than ten (10) days, and livestock must be handled per Arizona Livestock and Sanitation Board Regulations. (Ord. 1224 (part), 2014: Ord. 1216 (part), 2013; Ord. 1009 (part), 2007; Ord. 946, 2004. Formerly 6.04.120)
(Manual, Amended, 06/18/2004)
6.04.092 Animals Bitten by Rabid Animals
Animals bitten by rabid animals must be destroyed or confined in isolation for thirty (30), ninety (90) or one hundred eighty (180) days depending on vaccination status. Arizona Livestock and Sanitation Board shall regulate handling and disposition of bitten livestock. (Ord. 1224 (part), 2014: Ord. 1216 (part), 2013; Ord. 1009 (part), 2007; Ord. 946, 2004. Formerly 6.04.130)
(Manual, Amended, 06/18/2004)
6.04.095 Powers and Duties of the Humane Services Supervisor and the Humane Services Officers
A. The Humane Services Supervisor and the Humane Services officers shall have the following duties, along with any other duties as assigned:
1. Enforce the provisions and investigate allegations of violations of this chapter and Chapters 6.08, 6.12, 6.16, and 6.18.
2. Issue citations for the violations of the above stated chapters, and serve such citations pursuant to the procedures for the issuance of notices to appear pursuant to ARS 13-3899 and 13-3903.
3. When necessary, declare a rabies quarantine area within the area of jurisdiction of the City. When a quarantine area has been declared, the Humane Services Supervisor and/or Humane Services officers shall meet with the State Veterinarian and representatives from the Department of Health Services and the Game and Fish Department to implement an emergency program for the control of rabies within the designated area. Any regulations restricting or involving movements of livestock within the area shall be subject to the approval of the State Veterinarian.
B. Use of civil procedures and remedies provided for in this chapter and in Chapters 6.08, 6.12, 6.16 and 6.18 shall neither require nor preclude other enforcement action on the same facts, including a criminal prosecution of the owner. The civil procedures and remedies provided for in this chapter are remedial and not punitive, and are not precluded by an acquittal or conviction in a criminal proceeding.
C. Appeal by either party of the decision of the Winslow Municipal Court shall be by way of special action to the Superior Court on the record of the hearing. The Winslow Municipal Court at the hearing shall issue an order that includes written findings of fact and conclusions of law. If either party claims the record to be incomplete or lost, and the Court which conducted the hearing so certifies, a new hearing shall be conducted before that Court. The owner must post a bond equivalent to sixty (60) days of impoundment fees in order to perfect the owner’s appeal. Notice of the amount due shall be given to the owner by the Court at the time of the seizure for the hearing if forfeiture is ordered. The appealing party shall bear the cost of preparing the record of the hearing. No appeal shall be taken later than five (5) days after the decision.
D. Unless good cause is shown, the owner shall be liable for all veterinary impound and board fees resulting from the animal’s impoundment until a final decision by the Court, including the pendency of an appeal. The owner shall not be responsible for any fees if the owner prevails at the hearing or ultimately on appeal. (Ord. 1224 (part), 2014: Ord. 1216 (part), 2013)
6.04.096 Impeding Humane Services Officers
Any person who in any manner interferes with, impedes, prevents or attempts to interfere with, prevent, obstruct or intimidate the Humane Services Manager of the City, the Humane Services Supervisor, or Humane Services officers in the discharge of their duties in taking up or attempting to take up and impound any and all animals which it shall be their duty to impound under the provisions of this chapter, or who rescues or attempts to rescue any animal so taken up by the Humane Services Manager, the Humane Services Supervisor or a Humane Services officer or to release any animal so impounded, shall be guilty of a Class 1 misdemeanor. (Ord. 1224 (part), 2014: Ord. 1216 (part), 2013; Ord. 1133 § 5, 2010: Ord. 1009 (part), 2007; Ord. 946, 2004. Formerly 6.04.110)
(Manual, Amended, 06/18/2004)
6.04.100 Violations–Penalties
All violations of this title shall constitute a Class 3 misdemeanor unless otherwise provided. (Ord. 1224 (part), 2014: Ord. 1009 (part), 2007; Ord. 946, 2004)
(Manual, Amended, 06/18/2004)