IGA WITH TOWN OF GUADALUPE FOR ANIMAL CONTROL SERVICES.PDF
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INTERGOVERNMENTAL
AGREEMENT
JULY 1, 2019 THROUGH JUNE 30, 2020
AGREEMENT FOR ANIMAL CONTROL SERVICES
BETWEEN
Maricopa County
And
The Town of Guadalupe
Contract #C2019-14
PAGE 1 OF 18
Town of Guadalupe
AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES
This Intergovernmental Agreement, ("Agreement"), is entered into by and between Maricopa County,
administered through its Maricopa County Animal Care and Control Department ("Department"), (collectively,
"COUNTY") and the Town of Guadalupe, ("TOWN"). The County and Town may be referred to individually
as "Party or collectively as "Parties."
RECITALS
The COUNTY maintains facilities, equipment, and trained personnel for provision of animal control services.
The County is authorized to enter into this Agreement by A.R.S. § § 11-201, 11-952, 11-1005.
The Town of Guadalupe is authorized to enter into this Agreement pursuant to A.R.S. § 11-952.
The TOWN is in need of animal control services and desires to enter into this Agreement with the County for
Animal Control Services.
The TOWN and COUNTY desire to enter into this Agreement to establish the Parties' rights and
responsibilities with respect to the Services.
NOW, THEREFORE, in consideration of the foregoing recitals, which are incorporated herein by reference,
the following mutual covenants and conditions and other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, the Parties agree as follows:
GENERAL PROVISIONS
1. Definitions:
After-Hours operations: Refers to the hours of 10 p.m. to 8 a.m. seven days a week and all County Observed
Holidays.
Aggressive Dog: Any dog that has bitten a person or domestic animal without provocation or that has a
known history of attacking persons or domestic animals without provocation.
Animal: Refers generally to dogs, but may also include cats that have bitten a human.
Animal At-Large: Dog that is not contained by an enclosure or physically restrained by a leash.
Animal Control Ordinance: Guadalupe Town Code Article 6-2 Dogs; Sec. 6-2-(5, 6, 9, 11, 11.01, &12)
attached hereto as Appendix E.
Basic Animal Control Services: Includes the following services performed within the response periods
prescribed in Appendix B:
a. control or impound of animals (dogs) at large; and
b. enforcement of licensing and rabies vaccination laws and ordinances; and
c. rabies surveillance and impound of dogs and cats who have bitten a human.
Bite Animal At-Large: A dog or cat that has bitten a human.
County Observed Holidays: Holidays identified in Appendix D.
Limited Operation Hours: Refers to the hours of 5 p.m. to 10 p.m. seven days a week except County
PAGE 2 OF 18
Town of Guadalupe
Observed Holidays. Restricted access available to police and fire needing assistance with priority 1 and 2
activities. Not intended for general public access. Communication police line is direct service dispatcher to
dispatcher.
Normal Hours of Operation: Refers to the hours of 8 a.m. to 5 p.m. seven days a week except County
Observed Holidays.
Priority 1 Dispatch: Request for service from the police or fire departments or calls from the public
involving a Bite Animal At-Large.
Priority 2 Dispatch: Request for service involving an Animal At-Large on school property while school is
in session; Aggressive Dogs or injured or sick Stray Dogs in imminent harm. May include lower level calls
for service that require immediate attention based on the situation.
Priority 3 Dispatch: Request for service to impound Stray Dogs and to quarantine and investigate dog
and cat bites to human; confined stray at business or private home; citizen request contact with officer to
provide information on Stray Dog issue.
Priority 4 Dispatch: Request for service to enforce license or leash laws. The location of the dog and dog
owner is known and a violation witnessed and reported for investigation of leash law.
Response Time: The time within which the County will respond to a call for service which varies based
on the time of the call and the priority assigned to the call.
Stray dogs: Means any dog three months of age or older running at large that is not wearing a valid license
tag.
2. Term:
The term of this Agreement is from July 1, 2019 through June 30, 2020 ("Initial Term"). This Agreement is
effective upon full execution of the Parties.
3. Renewal:
This Agreement may be renewed for up to two successive two-year terms by the mutual agreement of the
Parties, subject to availability and appropriation of funds for renewal. Any extension, modification or
amendment to this Agreement shall be approved by both Parties in writing.
4. Amendment:
This Agreement supersedes all previous Agreements between the Parties concerning Animal Control Services.
Nothing in this Agreement may be modified or waived except by prior written amendment, duly executed by
authorized signers for Parties.
5. Termination:
Either party may, with or without cause, terminate this Agreement by giving the other Party sixty (60) days' prior
written notice of such termination. Upon termination of this Agreement, all property used in performing services
under this Agreement shall be returned promptly to the Party owning or having the right to possess the same.
6. Insurance:
The Parties agree to secure and maintain sufficient insurance coverage for any and all risks that may arise out
of the terms, obligations, operations, and actions as set forth in this Agreement, including but not limited to
public entity insurance. The acquisition of insurance or the maintenance and operation of a self-insurance
program may fulfill the insurance requirement.
PAGE 3 OF 18
Town of Guadalupe
7. Record Keeping and Audits:
The Parties agree to maintain and furnish to each other such records and documents pertaining to the services
provided pursuant to this Agreement as may be required by this Agreement and any applicable Federal and
State laws, rules and regulations. Each Party, prior to conducting an audit, must give sixty (60) calendar days'
notice to the other Party. Notice shall be given as provided in section 15 (E).
8. Default:
In the event of non-payment by TOWN, this Contract shall be terminated as of the date of delinquency and
COUNTY obligations hereunder shall immediately cease.
9. County Reporting Obligations:
COUNTY shall provide TOWN with quarterly routine statistical and/or management reports which provide
the following information: the number of calls, the date and time the call was received, incident address or
area, descriptor (stray/dangerous), and disposition of the call concerning the services provided pursuant
to this Agreement.
10. Amendments to Ordinances:
By this Agreement, the County has agreed to provide enforcement of the Animal Control Ordinances. If
the Town changes its Ordinance, the County may at its option, decline to enforce the changes to the Animal
Control Ordinance or enter into a written amendment adding enforcement of such changes which may
include modification of service and additional payment terms.
11. Conflict of Interest:
Pursuant to the provisions of A.R.S. § 38-511, either Party may cancel the Agreement, without penalty or
obligation, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the
Agreement on behalf of that Party is at any time while the Agreement or any extension thereof is in effect an
employee of any other Party to the Agreement in any Town to any other Party to the Agreement with respect
to the subject matter of the Agreement.
12. Indemnification:
To the extent permitted by law, the COUNTY and the Department does hereby covenant and agree to
indemnify, defend and hold harmless the TOWN, its officers, employees, contractees and agents from and
against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any
kind or nature relating to this Agreement which are the result of any act or omission of the COUNTY and
the Department, its officers, employees, contractees, agents and anyone acting under its direction or
control, whether intentional or negligent, in connection with or incident to this Agreement.
To the extent permitted by law, the TOWN does hereby covenant and agree to indemnify, defend and hold
harmless the COUNTY its officers, employees, contractees and agents from and against any and all suits,
actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to
this Agreement which are the result of any act or omission of the TOWN, its officers, employees, agents
and anyone acting under its direction or control, whether intentional or negligent, in connection with or
incident to this Agreement.
13. Services:
The COUNTY agrees to provide the Animal Control Services in Appendix B.
PAGE 4 OF 18
Town of Guadalupe
14. Payment for Services:
The TOWN agrees to pay the COUNTY for Services performed under this Agreement in accordance with
Appendix A of this Agreement as may be amended. The COUNTY will submit an invoice quarterly for
Services to be provided. The TOWN will submit payment to COUNTY within 30 days of receiving of a
correct invoice. For the initial term of this Agreement, the Town agrees to pay the County $30,360.
Thereafter, the Town shall pay the County those fees approved by the Maricopa COUNTY Board of
Supervisors in accordance with a formula developed by the Department, which require full recovery of the
COUNTY's direct and indirect costs. See Appendix A.
15. General Provisions:
A. Force Majeure: Neither Party shall be responsible for delays or failures in performance resulting
from acts beyond their control. Such acts shall include, but not be limited to, acts of God, riots,
and acts of war, epidemics, and governmental regulations imposed after the fact, fire,
communication line failures or power failures.
B. This Agreement contains all the terms and conditions agreed to by the Parties. No other
understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed
to exist or to bind any of the Parties hereto.
C. Nothing in this Agreement shall be construed as consent to any suit or waiver of any defense in
a suit brought against the COUNTY or the TOWN in any State or Federal Court.
D. The COUNTY and TOWN warrant they are in compliance with the provisions in A.R.S. § 41-
4401 (e-verify).
E. Notices. Whenever written notice is required or permitted to be given by any Party to the other,
such notice shall have been deemed to have been sufficiently given if personally delivered or
deposited in the United States Mail in a properly stamped envelope, certified or registered mail,
return-receipt-requested, addressed to:
Animal Care and Control:
Finance Division
Maricopa County Animal Care and Control
2500 South 27th Avenue
Phoenix, AZ 85009
Town of Guadalupe:
Town of Guadalupe
9241 S. Avenida del Yaqui
Guadalupe, AZ 85283
F. This Agreement shall not be assigned, in whole or in part, without the prior written consent of
the Parties, and any purported assignment in contravention of this provision shall be null and
void.
G. This Agreement shall be construed in accordance with the law of the State of Arizona.
H. Each Party shall comply with all applicable laws, ordinances, Executive Orders, rules,
regulations, standards, and codes of the Federal and State whether or not specifically
referenced herein.
The persons signing this Agreement warrant that they have full authority to do so and that their
signatures shall bind the Parties for which they sign.
PAGE 5 OF 18
Town of Guadalupe
IN WITNESS WHEREOF, the Parties enter into this Agreement:
MARICOPA COUNTY
BOARD OF SUPERVISORS TOWN OF GUADALUPE
By: By:
Bill Gates, Chairman Valefie Molina, Mayor
Attest: Attest:
Fran McCarroll, Clerk of the Board
This Agreement has been reviewed pursuant to A.R.S. § 11-952 et. seq. by the undersigned attorneys, who
have determined that it is in proper form and within the power and authority granted under the laws of the
State of Arizona.
By: By:
tIA
Attorney for Board of Supervisors David LedyascirTriWn Attorney
PAGE 6 OF 18
Town of Guadalupe
APPENDIX A
COMPENSATION SCHEDULE ANIMAL CONTROL SERVICES
1. COUNTY Service Level: Basic
2. Service Cost for Initial Term: $30,360
PAGE 7 OF 18
Town of Guadalupe
APPENDIX B
SERVICES
1. The COUNTY shall be responsible for and enforce rabies/animal control provisions in the Guadalupe
Town Code, Article 6-2 Dogs; Sec. 6-2-(5, 6, 9, 11, 11.01, &12) within the geographic boundaries of
Guadalupe and in accordance with the terms of this Agreement.
2. Minimum Staffing: Staff sufficient to respond to approximately 90% of service requests within the time
prescribed below.
3. Response Times during Ordinary Operation Hours: During Ordinary Operation Hours, the County staff
shall arrive at the scene of an animal control incident within the time prescribed below based on the
Priority Dispatch classification:
Priority 1 - 1 hour
Priority 2 - 2 hours
Priority 3 - 5 hours
Priority 4 - 6 hours
4. Response Times during Limited Operation Hours: During Limited Operation Hours the County will
respond only to Priority 1 and 2 calls. The County will respond to such calls within 1 and 2 hours of
dispatch, respectively. The County will not respond to Priority 3 and 4 calls received after 5 p.m. until
the commencement of the next Ordinary Operations period. Response times for such calls will be 5
and 6 hours respectively measured from the commencement of the next Ordinary Operation period.
5. After-Hours Response Times: After hours, the County will respond to Priority 1 calls involving bite
animals within 3 hours of the dispatch within the geographic boundaries of the Town Guadalupe.
PAGE 8 OF 18
Town of Guadalupe
APPENDIX C — HOURS OF OPERATION
The facilities and locations specified below and will be available during the hours of operation indicated.
Services DAYS & HOURS Telephone o.
OF OPERATION
Regular Operation Hours: Open to the General Monday — Sunday
Public. Call Center Hours taking calls. 8:00 a.m. to (602)506-7387(public)
5:00 p.m. except Government Official non-
Christmas, New published line:
Year's Day and (602)506-1309
Thanksgiving
Monday — Sunday Police & Fire non-
Limited Operation Hours Police and Fire Only: 5:00 p.m. to published back line:
Priority calls 1, 2, &3. 10:00 p.m. Every day (602)506-1309 (not public)
of the year including Police Emergency Only
holidays
Police & Fire non-
After hours Operations: Police and Fire Only: Monday-Sunday 10:00 published back line:
Priority 1, imminent danger to human. Bite dog at large, p.m. to 8:00 a.m. every (602)506-1309
Police Officer Bite, Public safe0 matter that may result in day of the year (not published) Police
dispatching a dog to protect the public. including all holidays. Emergency Only
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Town of Guadalupe
APPENDIX D —County Observed Holidays include the following marked day for Call:
Z New Year's Day El Washington's El Memorial Day 111 Rosh El Veteran's Day
birthday Hashanah
LI Martin Luther King 111 President's Day El Independence El Yom Kippur El Thanksgiving Day
JR's Birthday Day
111 Lincoln's birthday El Good Friday El Labor Day I=1 Columbus El Christmas Day
Day
OTHER
HOLIDAYS:
Z Day After El Floating Holiday — El Day Before CI 111
Thanksgiving Christmas
(specify) (specify)
0 Cesar Chavez Birthday
• Officers work every day of the year. Enforcement services operate every day of the year.
Reduced service is noted on the 3 holidays listed above. The call center is closed to the public.
The dispatch police back line is open to law enforcement every day of the year. Field officer
response is limited to priority 1 calls on the three major holidays listed.
PAGE 10 OF 18
Town of Guadalupe
APPENDIX E
Town of Guadalupe
ARTICLE 6-2 DOGS
6-2-1 Definitions
6-2-2 Powers and Duties of the State Veterinarian and the Livestock Board
6-2-3 Powers and Duties of State Department of Health Services
6-2-4 Powers and Duties of Enforcement Agent
6-2-5 License Fees for Dogs; Issuance of dog tags; Classification
6-2-6 Kennel Permit; Fee; Violation; Classification
6-2-7 Anti-Rabies Vaccination; Vaccination and License Stations
6-2-8 Rabies Control Fund
6-2-9 Dogs Not Permitted at Large; Wearing License
6-2-10 Establishment of Pounds; Impounding and Disposing of Dogs and Cats; Reclaiming Impounded Dogs and
Cats; Pound Fees
6-2-11 Handling of Biting Animals; Responsibility for Reporting; Authority to Destroy Animals
6-2-11.01 Vicious Dogs
6-2-12 Unlawful Interference with Enforcement Agent
6-2-13 Removing Impounded Animals
6-2-14 Unlawful Keeping of Dogs
6-2-14.01 Disposal of Fecal Matter
6-2-15 Violation; Classification
6-2-16 Dogs; Liability
6-2-17 Proper Care, maintenance and Destruction of Impounded Animals
Section 6 -2-1 Definitions
In this chapter unless the context otherwise requires:
A. "Animal" means any animal of a species that is susceptible to rabies, except man.
B. "At large" means on or off premises of the owner and not under control of the owner or other person acting
for the owner. Any dog in a suitable enclosure or confined shall not be considered to be running at large.
C. "Custodian" means any person keeping, possessing, harboring or maintaining any dog.
D. "Department" means the state department of health services.
E. "Enforcement agent" means that person in each county who is responsible for the enforcement of this chapter
and the regulations promulgated thereunder.
F. "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 chapter.
G. "Kennel" means an enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors
or maintained five or more dogs under controlled conditions.
H. "Livestock" means neat animals, horses, sheep, goats, swine, mules and asses.
I. "Owner" means any person keeping an animal other than livestock for more than six consecutive days.
J. "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.
K. "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.
L. "Stray dog" means any dog three months of age or older running at large that is not wearing a valid license tag.
M. "Vaccination" means the administration of an anti-rabies vaccine to animals by a veterinarian or in authorized
pounds by employees trained by a veterinarian.
N. "Veterinarian", unless otherwise indicated, means any veterinarian licensed to practice in this state or any
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Town of Guadalupe
veterinarian employed in this state by a government agency.
0. "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.
P. "Vicious animal" means any animal of the order carnivore that has a propensity to bite human beings without
provocation and has been so declared after a hearing before a justice of the peace or a town magistrate.
Q. "Vicious dog" means:
1. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury
to, or otherwise threaten the safety of human beings or domestic animals; or
2. Any dog which because of its size, physical nature, or vicious propensity is capable of inflicting
serious physical harm or death to humans and which would constitute a danger to human life or
property if it were not kept in the manner required by this ordinance; or
3. Any dog which, without provocation, attacks or bites, or has attacked or bitten, a human being or
domestic animal; or
4. Any dog owned or in the custody of a custodian primarily or in part for the purpose of dog
fighting, or any dog trained for dog fighting; or
5. Any pit bull terrier, which shall be defined as any American Pit Bull Terrier or Staffordshire Bull
Terrier or American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains
as an element of its breeding the breed of American Pit Bull Terrier or Staffordshire Bull Terrier
or American Staffordshire Terrier as to be identifiable as partially of the breed of American Pit
Bull Terrier or Staffordshire Bull Terrier or American Staffordshire Bull Terrier.
Section 6-2-2 Powers and Duties of the State Veterinarian and the Livestock Board
A. The state veterinarian shall designate the type or types of anti-rabies vaccines that may be used for
vaccination or animals, the period of time between vaccination and revaccination and the dosage and
method of administration of the vaccine.
B. The Arizona Livestock Board shall regulate the handling and disposition of animals classed as livestock that
have been bitten by a rabid or suspected rabid animal or are showing symptoms suggestive of rabies.
Section 6 -2-3 Powers and Duties of State Department of Health Services
A. The state department of health services shall regulate the handling and disposition of animals other than
livestock that have been bitten by a rabid or suspected rabid animal or are showing symptoms suggestive
of rabies.
B. The state department of health services may require the enforcement agent to submit a record of all dog
licenses issued and in addition any information deemed necessary to aid in the control of rabies.
Section 6-2-4 Powers and Duties of Enforcement Agent
A. The enforcement agent shall:
1. Enforce the provisions of this article and the regulations promulgated thereunder.
2. Issue citations for the violation of the provisions of this article and the regulations promulgated
thereunder. The procedure for the issuance of notices to appear shall be as provided for peace
officers in Section 13-3903, A.R.S. except that the enforcement agent shall not make an arrest
before issuing the notice.
3. Be responsible for declaring a rabies quarantine area within 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 of rabies within the area. Any regulations
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Town of Guadalupe
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 provisions of Section 13-3899,
A.R.S.
C. The enforcement agent may designate deputies.
Section 6 -2-5 License Fees for Dogs; Issuance of dog tags; Classification
The board of supervisors of each county may set a license fee which shall be paid for each dog three
months of age or over that is kept, harbored or maintained within the boundaries of the state for at least
thirty consecutive days of each calendar year. License fees shall become payable at the discretion of the
board of supervisors of each county. The licensing period shall not exceed the period of time for
revaccination as designated by the state veterinarian. Licensee fees shall be paid within ninety days to
the board of supervisors. A penalty fee of two dollars shall be paid if the license application is made less
than one year subsequent to the date on which the dog is required to be licensed under this article. If the
license application is made one year or later from the date on which the dog is required to be licensed, an
additional penalty fee of ten dollars shall be paid for each subsequent year up to a maximum of twenty-
two dollars. 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 consecutive days.
B. Durable dog tags shall be provided. Each dog licensed under the terms of this article shall receive, at the
time of licensing, such a tag on which shall be inscribed the name of the county, the number of 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 falls within fifteen 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
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 for that particular dog is guilty of a class 2 misdemeanor.
Section 6-2-6 Kennel Permit; Fee; Violation; Classification
A. A person operating a kennel shall obtain a permit issued by the board of supervisors of the county where
the kennel is located except if each individual dog is licensed.
B. The annual fee for the kennel permit is seventy-five dollars.
C. A dog remaining within the kennel is not required to be licensed individually under Section 24-367, A.R.S.
A dog leaving the controlled kennel conditions shall be licensed under Section 24-367, A.R.S. except if the
dog is only being transported to another kennel which has a permit issued under this section.
D. A dog who fails to obtain a kennel permit under this section is subjected to a penalty of twenty-five
dollars in addition to the annual fee.
E. A person who knowingly falls within thirty days after written notification from the county enforcement
agent at obtain a kennel permit is guilty of a class 2 misdemeanor.
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Town of Guadalupe
Section 6-2-7 Anti-Rabies Vaccination; Vaccination and License Stations
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 thereunder.
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 government 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 thereunder.
C. The enforcement agent shall make provisions for vaccination clinics as deemed necessary. The
vaccination shall be performed by a veterinarian.
Section 6-2-8 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 thereunder.
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.
Section 6-2-9 Dogs Not Permitted at Large; Wearing License
A. No dog shall be permitted at large. Each dog shall be confined within an enclosure on the owner's
property, secured so that the dog is confined entirely to the owner's property, or on a leash not to exceed
six feet in length and directly under the owner's physical control when no on the owner's property.
B. Any dog over the age of three months on or off the premises of owner and not under physical control of
the owner or persons acting for the owner, or any dog not in a suitable enclosure which actually confined
the dog, shall wear a collar or harness to which is attached a valid license tag. Any dog over the age of
three months on the premises or the owner and either confined or under physical control of the owner or
persons acting for the owner need not wear a collar or harness with a valid license attached provided that
they are properly vaccinated, licensed and in compliance with all sections of this ordinance. 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 even 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 property vaccinated, licensed and controlled.
C. If any dog is at large on the public property, then said dog's owner or person acting for the owner is in
violation of this ordinance.
D. If any dog is at large on the public park or school property, then said dog's owner or persons acting for the
owner is in violation of this ordinance.
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Town of Guadalupe
E. If any female dog during her breeding or mating season or any vicious dog at large, then said dog's owner
or persons acting for the owner is in violation of this ordinance.
F. Any owner or persons acting for the owner who allows a dog to run at large shall be considered in
violation of this ordinance unless one of the following four exceptions applies:
1. A dog is not at large if said dog is restrained by a leash, chain, rope or cord of not more than sex
(6) feet in length and of sufficient strength to control action of said dog.
2. If 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 Arizona
Racing Commission.
3. While said dog is actively engaged in a dog obedience training class and accompanied by and
under the control of his owner or persons acting for the owner or trainer as specified in section
(j) below.
4. If said dog, whether on or off the premises of the owner or persons acting for the owner, is
controlled a proved in regulations (f)(1) of this ordinance, or is within a suitable enclosure which
actually confines the dog.
G. The owner or persons acting for the owner of a dog is responsible for the acts and conduct of the dog at
all times when the dog is in a public park. All dogs three months of age or older in or upon the premises
of a public park must be currently licensed and shall wear a collar and durable valid lines tag as provided
by this ordinance.
H. The owner or persons acting for the owner of a dog must restrain and control the dog at all times when in
a public park be securing the dog with a leash of not more than six feet, except when the dog is in an
enclosed area within the park, which has been designated by the (county/municipality) as a dog exercise
area.
At all times when a dog is off leash in a designated dog exercise area as provided in paragraph (h) above,
the dog must be accompanied by and under the control of the owner or persons acting for the owner.
Additionally, the owner or persons acting for the owner must at all times, have a leash of not more than
sex feet in length in his or her possession.
At all times when a dog is off leash and participation in a dog show, exhibition or obedience class as
provided in section (f) above:
1. The dog must be accompanied by and under the control of its owner or person acting for the
owner or trainer or handler, who must all times have a leash in his or her possession; and
2. The owner or persons acting for the owner, trainer or handler or authorized representative of a
club or organization to whom a permit has been issued, shall have the permit on their person at
all times and shall present the permit for inspection upon request, to any police officer,
authorized member of the public parks staff or the enforcement agent.
K. Any dog at large shall be apprehended and impounded by the Enforcement Agent.
1. Said 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 and shall not include entry into a domicile or
enclosure which confines a dog unless it be at the invitation of the occupant.
2. Said agent may issue a citation(s) to the dog owner or persons 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 ARS. Section 13-3903, except the county enforcement agent shall not make an arrest
before issuing the notice. The issuance of citation(s) pursuant to this ordinance shall be subject
to provision of ARS, Section 13-3899.
3. In the judgment of the Enforcement Agent, if any dog at large or other animal that is dangerous
or fierce and a threat to human safety cannot be safely impounded, it may be slain.
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Town of Guadalupe
Section 6-2-10 Establishment of Pounds; Impounding and Disposing of Dogs and Cats; Reclaiming Impounded
Dogs and Cats; Pound Fees
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 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 vaccination provisions of this article. If the 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 dog or cat shall pay all pound fees.
Section 6 -2 -11 Handling of Biting Animals; Responsibility for Reporting; Authority to Destroy Animals
A. An unlicensed or unvaccinated dog or 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 days. A dog property 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
periods of not less than fourteen days, provided that livestock shall be confined and quarantined for the
fourteen day period in a manner regulated by the Arizona 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 enforcement agent
immediately by any person having direct knowledge.
E. The county enforcement agent may destroy any animal confined and quarantined pursuant to this article
prior to the termination of the minimum confinement period for laboratory examination for rabies if:
1. Such animal shows clear clinical signs of rabies.
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.
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Town of Guadalupe
G. The county enforcement agent shall destroy a vicious animal upon an order of a justice of the peace or a
town magistrate. A justice of the peace or town magistrate may issue such an order after notice to the
owner, if any, and a hearing.
Section 6-2 -11.01 Vicious Dogs
A. A vicious dog is "unconfined" if the dog is not securely confined indoors or confined in a securely enclosed
and locked pen or structure upon the premises of the owner or custodian of the dog. The pen or
structure must have secure sides and a secure top attached to the sides. If the pen or structure has no
bottom secured to the sides, the sides must be embedded into the ground no less than one foot deep. All
such pens or structures must be adequately lighted and kept in a clean and sanitary condition.
B. Confinement — Owners and custodians of vicious dogs shall not allow their dog, or dogs, to be unconfined.
C. Leash and Muzzle — Owner and custodians or vicious dogs shall not permit their dog or dogs to go beyond
the premises of the property upon which the dog is confined unless the dog is securely muzzled and
restrained by a chain leash and under the immediate physical restraint of an adult. The muzzle shall be
made in a manner not to injure the dog or restrict its breathing, but shall prevent it from biting.
D. Signs— Owners and custodians of a vicious dog or dogs shall display in a prominent place on the premises
where the dog is confined a visible warning sign indicating that there is a vicious dog on the premises. A
second such sign shall be posted on the pen or kennel or the animal.
E. Dog Fighting — No person shall possess or harbor or maintain care or custody of any dog for the purpose
of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging
the dog to attack human beings or other animals.
F. Insurance — Owners of vicious dogs must, within 90 days of the enactment of this Ordinance, provide
proof to the Town Clerk of public liability insurance in the amount of at least $50,000, insuring the owner
for any personal injuries inflicted by his or her vicious dog.
Section 6-2-12 Unlawful Interference with Enforcement Agent
It is unlawful for a person to interfere with the enforcement agent in the performance of his duties.
Section 6-2-13 Removing Impounded Animals
It is unlawful for a person to keep, harbor or maintain a dog within the town except as provided by the terms of
this article.
Section 6 -2-14 Unlawful keeping of Dogs and vicious dogs
It is unlawful for a person to keep, harbor or maintain a dog or vicious dog within the town except as provided by
the terms of this article.
Section 6-2-14.01 Disposal of Fecal Matter
If is unlawful for any person owning, possessing, harboring or having the care, charge, control or custody of a dog
to fail to immediately remove and thereafter properly dispose of any fecal matter deposited by said animal in any
park or any public property including but not limited to streets, sidewalks, right of way, Town buildings, and
parking logs. All such fecal matter shall be disposed of by immediately placing it in a closed or sealed container
and thereafter depositing it into a trash receptacle, sanitary disposal unit or other closed and sealed container.
This section shall not apply to blind persons or disabled persons accompanied by a service dog used for their
assistance.
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Town of Guadalupe
Section 6-245 Violation; Classification
Any person who fails to comply with the requirements of this article, or who violates any of its provisions, is guilty
of a class 2 misdemeanor except as to the provisions of the Section 6-2-11.01. Persons who violate, or fail to
comply with the provisions of, Section 6-2-11.01 shall be guilty of a Class 1 Misdemeanor.
Section 6-2-16 Dogs; Liability
Injury to any person or damage to any property by a dog while at large shall be the full responsibility of the dog's
owner or person responsible for the dog when such damages were inflicted.
Section 6 -2-17 Proper Care, Maintenance and Destruction of Impounded Animals
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.
3. 1-61 Euthanasia solution or its generic equivalent.
C. If any animal is destroyed by means specified in subsection B, paragraphs 1 or 3 of this section, it shall be
done by a licensed veterinarian or in accordance with procedures established by the state veterinarian
pursuant to Section 24-153, A.R.S
D. The governing body of any county, city or town which operates a pound shall establish procedures for the
humane destruction of impounded animals by the methods described in subsections B and C of this
section.
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Town of Guadalupe