Chapter
6
ANIMALS
AND FOWL[1]
Art. I. In General, §§ 6-l—6-20
Art. II. Dogs, Cats, Etc., §§ 6-21—6-48
Div.
1. Generally, §§ 6-21—6-45
Div.
2. Impoundment, §§ 6-46—6-48
ARTICLE
I. IN GENERAL
Sec. 6-1.
Running at large.
No person who is the owner of, or is in
charge of or control of, or has the custody of, any livestock or fowl of any
kind or nature shall negligently, wilfully or intentionally permit or allow the
same to run at large within the city.
(Code
1967, § 6-1)
State law reference—Authority of city to regulate the
roaming at large of animals, A.R.S. §9-240(B)(16A).
Sec. 6-2.
Burial of dead animals.
Every person in whose possession any
animal shall die shall bury the same at least four (4) =eet underground, except
cats, dogs or fowl, which shall be buried two (2) feet underground, either upon
his own premises, in a city-approved burial place for dead animals, or outside
the city.
(Code
1967, § 6-3)
Sec. 6-3.
Poultry.
(a) For
the purposes of this section, the term "poultry" shall mean chickens,
ducks, geese, turkeys, guinea fowl or other domestic fowl.
(b) It
shall be unlawful to keep poultry in a manner that constitutes a nuisance.
(c) Poultry
shall not be kept within a distance of forty (40) feet from the residence or
sleeping quarters of any person other than the owner of such poultry.
(d) Poultry
shall not be cooped or confined in any building within seventy-five (75) feet
from the residence or sleeping quarters of any person other than the owner of
such poultry.
(Code
1967, §§ 6-4—6-6)
Secs. 6-4—6-20. Reserved.
ARTICLE
II. DOGS, CATS, ETC.[2]
DIVISION
1. GENERALLY
Sec. 6-21. Definitions.
As used in this article, unless the
context otherwise requires, the following words and phrases shall have the
meanings ascribed in this section:
Animal
means any animal of a
species that is susceptible to rabies, except man.
At
large means on or off
the premises of the owner and not under control of the owner or other persons
acting for the owner. Any dog in a suitable enclosure which actually confines
the dog shall not be considered to be running at large.
Department
means the state
department of health services.
Enforcement
agent means that person
in each county who is responsible for the enforcement of this article and the
regulations promulgated thereunder.
Impound
means the act of taking
or receiving into custody by the enforcement agent any dog or other animal for
the purpose of confinement in an authorized pound in accordance with the
provisions of this article.
Kennel
means an enclosed,
controlled area, inaccessible to other animals, in which a person keeps,
harbors or maintains five (5) or more dogs under controlled conditions.
Livestock
means neat animals,
horses, sheep, goats, swine, mules and asses.
Owner
means any person keeping
an animal other than livestock for more than six (6) consecutive days.
Pound
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.
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.
Rabies
vaccination certificate means
a method of recording and duplicating rabies information that is in compliance
with the county enforcement agent's licensing system and/or county enforcement
agent's prescribed forms.
Stray
dog means any dog four
(4) months of age or older running at large which is not wearing a valid
license tag.
Vaccination
means the administration
of an antirabies vaccine to animals by a veterinarian, or in authorized pounds
by employees trained by a veterinarian.
Veterinarian,
unless otherwise indicated,
means any veterinarian licensed to practice in this state or any veterinarian
employed in this state by a governmental agency.
Veterinary
hospital means any
establishment operated by a veterinarian licensed to practice in this state
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.
Vicious
animal means any animal
that (a) has a propensity to bite without provocation; (b) has killed or
inflicted injury on a human being on public or private property; or (c) has
killed a domestic animal without provocation while the animal was off the
owner's property. A determination that
an animal is a vicious animal under this chapter may be declared only after a
hearing before a justice of the peace or a city magistrate. This definition does not apply to a police
animal under the command of its trainer.
(Code
1967, § 6-7; Ord. No. 87.38, 8-27-87; Ord. No. 97.21, 5-8-97)
State law reference—Similar provisions, A.R.S. § 11-1001.
Sec. 6-22. Violations; penalty.
(a) Any
person violating § 6-31 of this code is guilty of a civil offense and subject
to a civil sanction not to exceed five hundred dollars ($500).
(b) Any
person violating any provision of this chapter, except § 6-31, is guilty of a
misdemeanor, punishable pursuant to § 1-7 of this code.
(Ord.
No. 412.7, 8-16-84; Ord. No. 92.45, 11-12-92)
Sec. 6-23. Powers, duties of enforcement agent.
(a) The
enforcement agent shall have the powers and duties to:
(1) Enforce the provisions of this article and
the regulations promulgated under this article.
(2) Issue citations for the violation of the
provisions of this article and the regulations promulgated under this article.
The procedure for the issuance of notices to appear shall be as provided for
peace officers in Arizona Revised Statutes, § 13-3903, except that the enforcement
agent shall not make an arrest before issuing the notice.
(3) Be responsible for declaring a rabies
quarantine area within the area of jurisdiction. When a quarantine area has
been declared the enforcement agent 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 or rabies within the area. Any regulations restricting
or involving movements of livestock within the area shall be subject to
approval by the state veterinarian.
(b) The
issuance of citations pursuant to this section shall be subject to the
provision of Arizona Revised Statutes, § 13-3899.
(c) The enforcement agent may designate
deputies.
(Code 1967,
§ 6-8)
State law reference—Similar provisions, A.R.S. § 11-1007.
Sec. 6-24. Rabies control fund.
(a) The
enforcement agent or his authorized representative shall place the monies
collected by him under the provisions of this article in a special fund to be
known as the rabies control fund to be used for the enforcement of the
provisions of this article and the regulations promulgated under this article.
(b) Any
unencumbered balance remaining in the rabies control fund at the end of a
fiscal year shall be carried over into the following fiscal year.
(Code
1967, § 6-12)
State law reference—Similar provisions, A.R.S. § 11-1011.
Sec. 6-25. Interference with enforcement agent.
It is unlawful for any person to
interfere with the enforcement agent in the performance of his duties.
(Code
1967, § 6-16)
State law reference—Similar provisions, A.R.S. § 11-1015.
Sec. 6-26. Biting animals; reporting animal bites;
authority to destroy animals.
(a) An
unlicensed or unvaccinated dog or any cat that bites any person shall be
confined and quarantined in an authorized pound or, upon request of and at the
expense of the owner, at a veterinary hospital, for a period of not less than
seven (7) days. A dog properly licensed and vaccinated pursuant to this article
that bites any person may be confined and quarantined at the home of the owner
or wherever the dog is harbored and maintained with the consent of and in a
manner prescribed by the enforcement agent.
(b) Any
animal other than a dog or cat that bites any person shall be confined and
quarantined in an authorized pound or, upon the request of and at the expense
of the owner, at a veterinary hospital, for a period of not less than fourteen
(14) days, provided that livestock shall be confined and quarantined for the fourteen
(14) day period in a manner regulated by the state livestock board. If the
animal is a caged rodent, it may be confined and quarantined at the home of the
owner or where it is harbored or maintained, for the required period of time,
with the consent of and in a manner prescribed by the enforcement agent.
(c) Any
wild animal which bites any person may be killed and submitted to the
enforcement agent or his deputies for transmission to an appropriate diagnostic
laboratory.
(d) Whenever
an animal bites any person, the incident shall be reported to the county
enforcement agent immediately by any person having direct knowledge.
(e) The
county enforcement agent may destroy any animal confined and quarantined
pursuant to this section prior to the termination of the minimum confinement
period for laboratory examination for rabies if:
(1) Such animal shows clear clinical signs of
rabies; or
(2) The owner of such animal consents to its
destruction.
(f) Any
animal subject to licensing under this article found without a tag identifying
its owner shall be deemed unowned.
(g) It
is unlawful to have custody of, own or possess an animal declared to be vicious
under this chapter unless it is restrained, confined or muzzled so that it
cannot bite, attack or cause injury to any person or domestic animal.
(h) The
county enforcement agent shall destroy a vicious animal upon an order of a
justice of the peace or a city magistrate.
A justice of the peace or city magistrate may issue such an order after
notice to the owner, if any, and a hearing.
(Code 1967,
§ 6-15; Ord. No. 97.21, 5-8-97)
State law reference—Animal bites, A.R.S. § 11-1014.
Sec. 6-27. Unlawful keeping of dogs.
It is unlawful for a person to keep,
harbor or maintain a dog within the city except as provided by the terms of
this article.
(Code
1967, § 6-18)
State law reference—Similar provisions, A.R.S. § 11-1017.
Sec. 6-28. Dog licensing procedure; fees, penalty; dog
tags.
(a) The
city council shall set an annual license fee which shall be paid for each dog
four (4) months of age or over that is kept, harbored or maintained within the
boundaries of the city for at least thirty (30) consecutive days of each
calendar year. License fees shall become
payable at the discretion of city council (See Appendix A). The licensing period shall not exceed the
period of time for revaccination as designated by the state veterinarian. License fees shall be paid within ninety (90)
days. A penalty not to exceed four dollars ($4) shall be added to the license
fee in the event that application is made subsequent to the date on which the
dog 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 dog to be licensed has been in
their possession less than thirty (30) consecutive days.
(b) Durable
dog tags shall be provided. Each dog
licensed under the terms of this article shall receive at the time of the
licensing such a tag on which shall be inscribed the name of the county, the
number of the license, and the date on which it expires. The tag shall be attached to a collar or
harness which shall be worn by the dog at all times while running at large,
except as otherwise provided in this article.
Whenever a dog tag is lost, a duplicate tag shall be issued upon
application by the owner and payment of a fee to the enforcement agent.
(c) License
fees may be lower for dogs permanently incapable of procreation. An applicant for a license for a dog claimed
to be incapable of procreation shall furnish adequate proof satisfactory to the
enforcement agent that such dog has been surgically altered to be permanently
incapable of procreation.
(d) Any
person who fails within fifteen (15) days after written notification from the
enforcement agent to obtain a license for a dog required to be licensed,
counterfeits or attempts to counterfeit an official dog tag, or remove such tag
from any dog for the purpose of wilful and malicious mischief or places a dog
tag upon a dog unless the tag was issued for that particular dog, is guilty of
a misdemeanor.
(Code
1967, § 6-9)
State law reference—Similar provisions, A.R.S. § 11-1008.
Sec. 6-29. Antirabies vaccination.
(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 used and date revaccination 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 and
the regulations promulgated under this article.
(b) A
dog vaccinated in any other state prior to entry into Arizona may be licensed
in Arizona, 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 state or a veterinarian employed by a governmental agency in
that state, 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 and the regulations promulgated under this article.
(c) The
enforcement agent shall make provisions for vaccination clinics as deemed
necessary. The vaccination shall be
performed by a veterinarian.
(Code
1967, § 6-11)
State law reference—Similar provisions A.R.S. § 11-1010.
Sec. 6-30. Dogs at large; wearing license tags.
(a) In
a rabies quarantine area, no dogs shall be permitted at large. Each dog shall be confined within an
enclosure on the owner's property, or secured so that the dog is confined
entirely to the owner's property, or on a leash not to exceed six (6) feet in
length and directly under the owner's control when not on the owner's property.
(b) Any
dog over the age of four (4) months running at large shall wear a collar or
harness to which is attached a valid license tag. Dogs used for control of livestock or while
being used or trained for hunting or dogs while being exhibited or trained at a
kennel club event or dogs while engaged in races approved by the Arizona Racing
Commission, and such dogs while 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) If
any dog is unrestrained on the public streets, public parks or public property,
then such dog's owner or custodian is in violation of this chapter. Dogs will, however, be permitted to be
unleased within areas of public parks as may be designated "off-leash
areas" by the parks and recreation manager.
(d) Any
person whose dog is at large is in violation of this chapter. A dog is not at large if:
(1) Said dog is restrained by a leash, chain,
rope, or cord of not more than six (6) feet in length and of sufficient
strength to control the actions of said dog;
(2) Said 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 state racing
commission; or
(3) While the dog is actively engaged in dog
obedience training, accompanied by and under the control of his owner or
trainer, provided that the person training said dog has in his possession a dog
leash of not more than six (6) 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.
(e) Any
dog at large shall be apprehended and impounded by an enforcement agent.
(f) The
enforcement agent shall have the right to enter upon private property when it
is necessary to do so in order to apprehend any dog that has been running at
large. Such entrance upon private
property shall be in reasonable pursuit of such dog(s), and shall not include
entry into a domicile or enclosure which confines a dog unless it be at the
invitation of the occupant.
(g) The
agent may issue a citation(s) to the dog owner or person acting for the owner
when the dog is at large. The procedure
of the issuance of notice to appear shall be as provided for peace officers in
Arizona Revised Statutes, § 13-3903, except the enforcement agent shall not
make an arrest before issuing the notice.
The issuance of citations pursuant to this section shall be subject to
the provisions of Arizona Revised Statutes, § 13-3899.
(h) In
the judgment of the enforcement agent if any dog at large or any other animal
that is dangerous or fierce and a threat to human safety that cannot be safely
impounded, it may be slain; provided, however, the enforcement agent shall have
satisfactorily completed an approved course on the use of weapons and firearms
and shall have been so certified by the firearms instructor for the Phoenix
Police Department Regional Academy, county sheriff or the National Rifle
Association. Additionally, immediately
upon slaying any animal, the enforcement agent shall prepare a detailed incident
report of the shooting, which report shall be available to the general public.
(Code
1967, § 6-13; Ord. No. 412, § 8, 9-12-85; Ord. No. 96.07, 4-25-96; Ord. No.
2001.17, 7‑26-01; Ord. No. 2006.25, 4-6-06)
State law reference—Dogs at large, A.R.S. § 11-1012.
Sec. 6-31. Removal of animal defecation from public
parks and school grounds.
(a) An
owner or person having custody of any dog or any other animal shall not permit
said dog or any other animal to defecate on any school ground or public park,
unless said defecation is removed immediately.
(b) Animal
defecation which is removed from a school ground or public park may be
deposited in a garbage receptacle upon such school ground or public park if the
defecation is first placed in a sealed plastic bag.
(Ord.
No. 87.21, § 1, 7-9-87)
Secs. 6-32—6-45. Reserved.
DIVISION
2. IMPOUNDMENT
Sec. 6-46. Generally.
(a) Any
stray dog shall be impounded. All dogs
and cats impounded shall be given proper care and maintenance.
(b) Each
stray dog or any cat impounded shall be kept and maintained at the pound for a
minimum of seventy-two (72) hours unless claimed by its owner. Any person may purchase such a dog or cat
upon expiration of the impoundment period provided such person pays all pound
fees and complies with the licensing and vaccinating provisions of this
chapter. If such dog or cat is not
claimed within the impoundment period, the enforcement agent shall take
possession and may place the dog or cat for sale or may dispose of the dog or
cat in a humane manner. If such dog or
cat is to be used for medical research, no license or vaccination shall be
required. The enforcement agent may
destroy impounded sick or injured dogs or cats whenever such destruction is
necessary to prevent such dog or cat from suffering or to prevent the spread of
disease.
(c) Any
impounded licensed dog or any cat may be reclaimed by its owner or such owner's
agent provided that the person reclaiming the dog or cat furnishes proof of
right to do so and pays all pound fees.
If the dog or cat is not reclaimed within the impoundment period, the
enforcement agent shall take possession and may place the dog or cat for sale
or may dispose of the dog or cat in a humane manner. Any person purchasing such a dog or cat shall
pay all pound fees.
(Code
1967, § 6-14; Ord. No. 412, § 8, 9-12-85)
Sec. 6-47. Treatment of animals; methods of euthanasia.
(a) Any
animal impounded in a county, city or town pound shall be given proper and
humane care and maintenance.
(b) Any
dog or cat, destroyed while impounded in a county, city or town pound shall be
destroyed only by the use of one of the following:
(1) Sodium pentobarbital or a derivative of
sodium pentobarbital;
(2) Nitrogen gas; or
(3) T-61 euthanasia solution or its generic
equivalent.
(c) If
an animal is destroyed by means specified in paragraph (b)(l) or (b)(3) of this
section, it shall be done by a licensed veterinarian or in accordance with
procedures established by the state veterinarian pursuant to Arizona Revised
Statutes, § 3-1213.
(Code
1967, § 6-21)
State
law reference—Impoundment of animals, A.R.S. § 11-1021.
Sec. 6-48. Removing impounded animals.
No person may remove or attempt to
remove an animal which has been impounded or which is in the possession of the
enforcement agent except in accordance with the provisions of this article and
the regulations promulgated under this article.
(Code
1967, § 6-17)
State law reference—Similar provisions, A.R.S. § 11-1016.