IGA WITH CITY OF TOLLESON FOR ANIMAL CONTROL SERVICES.PDF

INTERGOVERNMENTAL
AGREEMENT
FISCAL YEAR 2019
FISCAL YEAR 2020
AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES
BETWEEN
Maricopa County
And
The City of Tolleson
Contract No.
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AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES
This Intergovernmental Agreement, (Agreement"), is entered into by and between Maricopa County,
administered through Maricopa County Animal Care and Control, ("COUNTY") and the City of Tolleson,
("CITY"). The County and City 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 City of Tolleson is authorized to enter into this Agreement pursuant to A.R.S. § 11-952.
The CITY is in need of the animal control services and desires to enter into this Agreement with the County
for Basic animal control services.
The CITY 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:
Afterhours 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 Control Ordinance: Maricopa County Animal Control Ordinance and the Tolleson Chapter 9:
Animals, found in Article 9-1-3, 9-1-4, 9-1-5, 9-2-6, 9-2-8, 9-2-9, 9-2-10, 9-3, 9-3-2, 9-3-3, attached hereto as
Appendix E.
Animal At-Large: Dog that is not contained by an enclosure or physically restrained by a leash.
Animal Control Services: Includes:
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 on Appendix D.
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Basic Animal Control Services: Basic animal control services performed within the response periods
prescribed for priority dispatch in Appendix A.
Normal Hours of Operation: Refers to the hours of 8 a.m. to 5 p.m. seven days a week except County
Observed Holidays.
Limited Operations Hours: Refers to the hours of 5 p.m to 10 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.
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.
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, 2018 through June 30, 2020. 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
both 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.
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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 CITY this Contract shall be terminated and COUNTY obligations hereunder
shall immediately cease.
9. County Reporting Obligations:
COUNTY shall provide CITY with quarterly routine statistical and/or management reports which provided
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 City 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 City 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 CITY, 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 CITY 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 CITY, 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 described in Appendix B.
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14. Payment for Services:
The CITY agrees to pay the COUNTY for services performed under this Agreement in accordance with
Appendix A of this Agreement as may be amended. COUNTY will submit an invoice quarterly for Services
to be provided. The CITY will submit payment to COUNTY within 30 days of receiving of a correct invoice
for the first year term of this agreement; the City agrees to pay the County $13,200.00. Thereafter, the City
shall pay the County those fees approved by the Maricopa COUNTY Board of Supervisors in accordance
with a formula developed by the Department and the COUNTY Office of Budget, in accordance with Board
of Supervisors Budgeting for Results Guidelines, 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 perfomnance 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 CITY in any State or Federal Court.
D. The COUNTY and CITY 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
City of Tolleson:
City of Tolleson Police Department
8350 West Van Buren
Tolleson, Arizona 85353
Copy to:
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
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referenced herein.
I. The person signing this Agreement warrant that they have full authority to do so and that their
signatures shall bind the parties for which they sign.
IN WITNESS WHEREOF, the parties enter into this Agreement:
MARICOPA COUNTY
BOARD OF SUPERVISORS CITY OF TOLLESON
By: By:
Chairman ayor
Attest: Attest:
Clerk of the Board
This Agreement has been reviewed pursuant to A.R.S. § 11-952 et. seq. by the undersigned attorney, who
has determined that it is in proper form and is within the power and authority granted under the laws of the
State of Arizona.
By:
Attorney for Board of Supervisors
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APPENDIX A
COMPENSATION SCHEDULE ANIMAL CONTROL SERVICES
1. COUNTY Service Level:Basic
2. Service Cost
Fiscal year 2018-19: $13,200.00
Fiscal year 2019-20: $14,520.00
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APPENDIX B
SERVICES
1. The COUNTY shall be responsible for and enforce rabies/animal control all provisions in the Tolleson City
Code Chapter 9: Animals, found in Article 9-1-3, 9-1-4, 9-1-5, 9-2-6, 9-2-8, 9-2-9, 9-2-10, 9-3, 9-3-2, 9-3-
3, within the geographic boundaries of Tolleson 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 Hour 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 City of Tolleson.
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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 no.
OF OPERATION
Regular Operation Hours: Call Center Public Request for Monday — Sunday
Service: Normal business hours 7 days a week. 8:00 a.m. to (602)506-7387 (public line)
5:00 p.m. except
County Observed
Holidays
Monday — Friday (602)506-7387(p ublic line)
5:00 p.m. to
Limited Operation Hours: Recording and web based request: 10:00 p.m. except
Request for service recorded and run next business day. County Observed
Holidays
Monday-Sunday 10:00 (602)506-1309(24 hour
After hours Operations: Direct Dispatch Line, police dhpatch p.m. to 8:00 a.m. and Direct Line for Police and
to Animal Control dispatch. 24 / 7 available for police and all County Observed Fire Department
fire. Holidays
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APPENDIX D —County Observed Holidays include the following marked days:
[X] New Year's Day Washington's E Memorial Day LI Rosh El Veteran's Day
birthday Hashanah
• Martin Luther King [S] President's Day E Independence Day LI Yom Kippur [X] Thanksgiving Day
JR's Birthday
EI Lincoln's birthday ID Good Friday El Labor Day Columbus El Christmas Day
Day
OTHER
HOLIDAYS:
• Day After [1] Floating Holiday —E Day Before E LI
Thanksgiving Christmas
(specify) (specify)
El Cesar Chavez Birthday
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APPENDIX E
City of Tolleson
CHAPTER 9: - ANIMALS
ARTICLE 9-1: - GENERAL RULES AND REGULATIONS
GENERAL PROVISIONS
§ 9 -1 -1 - DEFINITIONS.
For the purpose of this article, the following definitions shall apply unless the context clearly indicates or requires a
different meaning.
ANIMAL. Any and all types of animals, domestic and wild, male and female, singular and plural, and includes, but is
not limited to, mammals, reptiles, amphibians, birds, fowl, snakes, spiders and insects.
AT LARGE. An animal not under restraint.
BITE. Any penetration of the skin by the teeth of any animal.
CAT. Any member of the feline species.
COLLAR. A band, chain, harness or suitable device worn around the neck of an animal to which a license may be
affixed.
DANGEROUS ANIMAL. Any animal that has a propensity to bite or to otherwise cause physical injury to any person
or other animal, or to destroy, damage or cause damage to the property of any person, or that has been
so declared after a hearing before a justice of the peace or the Chief Magistrate.
DOG. Any member of the canine species.
ENFORCEMENT AGENT. Any city police officer or other person designated or contracted by the city for the
purpose of enforcing this chapter.
FOWL. Chickens, ducks, geese and turkey.
IMPOUND. The act of taking or receiving an animal into custody for the purpose of confinement at an animal
control facility.
KENNEL. An enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors or
maintains five or more dogs under controlled conditions.
LEASH or LEAD. A chain, rope, leather strap, cord or similar restraint attached to a collar or harness or otherwise
secured around an animal's neck.
LICENSED DOG. Any dog having a current license.
LIVESTOCK. Neat animals, horses, sheep, goats, swine, mules and asses.
OWNER. Any person owning, keeping, possessing, harboring, maintaining or having custody or otherwise having
control of an animal within or without the city limits.
POLICE DOG. Any dog belonging to any law enforcement agency service dog unit.
POUND. Any animal control facility 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 or her
official duties.
PROVOCATION. Any behavior toward an animal or its owners or its owner's property that is likely to cause a
defensive reaction by the animal.
RABIES QUARANTINE AREA. 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. A method of recording and duplicating rabies information that is in
compliance with the enforcement agent's licensing system and/or enforcement agent's prescribed forms.
STRAY DOG. Any dog three months of age or older running at large that is not wearing a valid license tag.
TIE-OUT. A chain, leash, wire cable or similar restraint attached to a swivel or pulley.
UNDER RESTRAINT. An animal secured by a leash or lead and under the immediate control of a responsible
person; or confined within a vehicle; or located upon the real property limits of its owners.
VACCINATION. An anti-rabies vaccination using a type of vaccine approved by the state's veterinarian and
administered by a state-licensed veterinarian.
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VETERINARIAN. Unless otherwise indicated, any veterinarian licensed to practice in this state or any veterinarian
employed in this state by a governmental agency.
VETERINARY HOSPITAL. Any establishment operated by a veterinarian licensed to practice in this state that
provides clinical facilities and houses animals 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. Any animal that has a propensity to attack, to cause injury to or to otherwise endanger the
safety of human beings without provocation, or that has been so declared after a hearing before a justice
of the peace or the Chief Magistrate.
VICIOUS DOG.
(1) Any dog, except one assisting a peace officer engaged in law enforcement duties, which:
(a) When unprovoked, in a vicious or terrorizing manner approaches any person or
domestic animal in an apparent attitude of attack upon the streets, sidewalks, or any
public or private grounds or places;
(b) The owner thereof knows, or should reasonably know, possesses a propensity,
tendency, or disposition to attack unprovoked, to cause injury, or to otherwise
endanger the safety of human beings or domestic animals;
(c) Bites, inflicts injury, assaults, or otherwise attacks a human being or domestic animal
without provocation on public or private property; or
(d) Is owned or harbored primarily or in part for the purpose of dog fighting; or any dog
trained for dog fighting.
(2) Notwithstanding the definition of a VICIOUS DOG above, no dog may be declared vicious if an
injury or damage is sustained by a person who, at the time the injury or damage was sustained,
had entered upon the premises of another without license, invitation, or other right.
(Am. Ord. 412, N.S., passed 11-10-2003; Am. Ord. 455, N.S., passed 5-8-2007)
§ 9 -1-2 - GENERAL PROHIBITIONS.
(A) Dangerous and vicious animals. It is unlawful for any person to hold, keep or maintain any dangerous or
vicious animal within the corporate limits of the city. Any enforcement agent is authorized to kill any
dangerous or vicious animal of any kind when it is necessary for the protection of person or property.
(B) Permitted animals. Notwithstanding the prohibition contained in division (A) above, four or fewer
domesticated cats or dogs, and livestock or fowl of a number permitted under applicable zoning, may be
held, kept or maintained on any single lot. Any person who keeps or causes to be kept any livestock or
fowl within the corporate limits of the city shall keep the livestock or fowl in a pen or similar enclosure to
prevent their roaming at large. It is unlawful to cause or allow any pen, stable or place where any animal
is or may be kept to become unclean or unwholesome.
(C) Swine, pigs and roosters. It is unlawful for any person to keep, hold or maintain any swine, pigs or
roosters on any premises within the corporate limits of the city.
(D) Noises. It is unlawful to harbor, keep, hold or maintain any animals that disturb the peace by loud noises
at any time of the day or night.
(E) Animals at large. It is unlawful to permit any animal of any kind to roam or run at large within the city and
the animals shall be immediately impounded by the enforcement officer and delivered into the custody of
a pound. Any animal may be sold by the city and the proceeds applied to the expense of impounding the
animal, the costs of sale and the payment of any fine due by reason of the violation. If any surplus
remains, it shall be paid to the owner of the animal. Exhibitions or parades of animals that are Ferae
naturae in the eyes of the law may be conducted only upon securing a permit from the city. Animals may
be at large as an exception to this division as follows:
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(1) While participating in field trials, obedience classes or kennel club events where the trials, classes
or events have been approved by the city;
(2) While being used or trained for legal hunting or for control of livestock;
(3) If a police dog or otherwise assisting a police officer in law enforcement duties; and
(4) Guide dogs while assisting disabled persons so long as the dogs are under direct and effective
voice control of the person to assure that they do not violate other provisions of law.
(F) Waste removal required. Every owner of every animal shall immediately remove and dispose of in a
sanitary manner any solid waste deposited by the animal on public property or upon any private property
without the consent of the owner or the person in control of the property. This section shall not apply to
persons with mobility disabilities or police officers or other law enforcement officers accompanied by
police dogs while on duty. Nothing in this section shall be deemed to permit or otherwise allow any
violation of any applicable state, county or city ordinances including health code and nuisance regulations.
A violation of this division shall constitute a civil infraction subject to a fine of $25 per occurrence.
§ 9 -1 -3 - POWERS AND DUTIES OF ENFORCEMENT AGENTS.
(A) Enforcement agents shall:
(1) Enforce the provisions of this chapter;
(2) Issue citations, complaints and notices to appear for violations of the provisions of this chapter in
accordance with lawful procedure;
(3) Be responsible for determining that any animal within the city limits is a dangerous or vicious
animal and poses immediate danger to the safety of any person or other animal or person's
property, and impound the animal immediately and deliver it into the custody of a pound; and
(4) Be responsible for declaring a rabies quarantine area within his or her area of jurisdiction. When
a quarantine area has been declared, the enforcement agent shall meet with the state's
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 restricting or involving movements of livestock within the area shall be subject to
approval by the state's veterinarian.
(B) The enforcement agent may designate deputies.
§ 9 -1 -4 - UNLAWFUL INTERFERENCE WITH ENFORCEMENT AGENT.
It is unlawful for any person to interfere with an enforcement agent in the performance of the enforcement
agent's duties. No person may remove, or attempt to remove, an animal that has been impounded or which is in
the possession of the enforcement agent.
§ 9 -1-5 - HEARING FOR DECLARATION OF AN ANIMAL AS DANGEROUS OR VICIOUS.
(A) The Chief Magistrate, for good cause shown in a petition filed by the prosecutor's office, shall order that
an order to show cause hearing be held within ten days of the date of impoundment of an animal
determined by an enforcement agent to be dangerous or vicious, at which time, the owner shall appear
and show cause why the animal should not be declared a dangerous or vicious animal and sanctions be
ordered pursuant to division (C) below.
(B) The owner of the animal shall be notified of the hearing by the Court. Upon proof of the notification, the
hearing may proceed in the owner's absence.
(C) Upon the declaration of an animal as a dangerous or vicious animal, the Chief Magistrate may order any
of the following:
(1) That the animal shall be kept in an enclosure that is high enough so that the animal cannot bite,
harm or injure anyone outside the enclosure; that the enclosure and property whereon it is
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located shall be posted with conspicuous warning signs; and that at no time shall the animal
leave the enclosure unless it is muzzled, leashed and under the control of an adult person;
(2) That the animal be banished from the city limits; and/or
(3) That the animal be humanely destroyed.
PROVISIONS REGARDING CATS
§ 9-1-20 - CONTROL OF CATS.
(A) It is the intention of the city to regulate cats, as defined as a member of the feline family of animals. For
the purposes of this section, a cat is considered to be running at large if it is off the premises of the
owner, not under the control of the owner or other persons acting for the owner. The owner is
considered any person owning, keeping, possessing, harboring or maintaining a cat.
(B) Those provisions of Article 9-3 of this chapter pertaining to dogs and rabies control that are applicable to
rabies control in cats are specifically incorporated by reference into this section.
(C) It shall be the duty of the enforcement agent to impound all cats found at large in violation of this
chapter, or not in charge or under the care or control of some person in the street, alleys or other public
places or vacant or enclosed lots in the city.
(D) The city may, by resolution, require the payment of appropriate fees, vaccinations and licenses for cats
within the city limits.
(E) The Council specifically finds, by this section, that if any person is the owner or has possession of more
than four cats in any dwelling or property less than one acre in size within the city limits, that possession
or ownership on the same property of any more than four cats shall be considered a public nuisance and
that the nuisance shall be immediately abated. For purposes of this division, it is contemplated that
newborn kittens shall not be counted until they reach the age of three months. The burden of establishing
the birth date of any kitten shall be on the cat owner.
ARTICLE 9-2: - CRUELTY AND NEGLECT OF ANIMALS
§ 9-2-1 - CRUELTY PROHIBITED.
It is unlawful for any person to torture, cruelly beat or kick, mutilate, cruelly injure or cruelly or unlawfully kill an
animal or to cause or allow an animal to be tortured, cruelly beaten or kicked, mutilated, cruelly injured or cruelly
or unlawfully killed.
§ 9 -2-2 - ABANDONMENT PROHIBITED.
It is unlawful for any owner of an animal to abandon the animal in any location for more than 24 hours without
providing for that animal's care and wellbeing. An animal shall be deemed abandoned when the owner has left the
animal in an abode that is not presently occupied or released the animal out of a vehicle onto public or private
property without making arrangements for its care.
§ 9 -2-3 - FAILURE TO RENDER AID.
It is unlawful for any person to accidentally, or otherwise, hit and injure an animal with an automobile or other
vehicle and to leave without making a reasonable effort to obtain aid or to render aid and assistance in the care of
the animal.
§ 9 -2 -4 - NEGLECT PROHIBITED.
It is unlawful for any owner of any animal to fail to comply with the following:
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(A) Daily provide the animal with food that is of sufficient quantity and nutritive value to maintain the animal
in good health;
(B) Provide potable water that is accessible to the animal at all times;
(C) Provide access to natural or artificial shelter to the animal throughout the year. The shelter must be
maintained in good repair to protect the animal from injury and the elements and must be of sufficient
size to permit the animal to enter, stand, turn around and lie down in a natural manner. Livestock and
fowl are not included in this section;
(D) Provide the animal with the care and medical treatment for injuries, parasites and diseases, sufficient to
maintain the animal in good health and minimize suffering;
(E) Provide the animal with adequate exercise space;
(F) If the animal is on a tie-out, the tie-out must consist of a chain, leash, wire cable or similar restraint
attached to a swivel or pulley. Tie-out collars shall not be of a choke type. The tie-out shall be located so
that it cannot be entangled with other objects, or caught on objects such as fences or walls. No tie-out
shall employ a restraint that is less than ten feet in length; and
(G) Provide the animal with adequate ventilation and protection from temperature extremes at all times. It is
unlawful for any person to keep any animal in a vehicle or other enclosed space in which the temperature
is either so high or so low, or the ventilation is so inadequate as to endanger the animal's life or health.
§ 9-2-5 - USE OF FORCE.
(A) An enforcement agent is authorized to use whatever force is necessary to remove any animal from a
vehicle or other enclosed space whenever it appears that the animal's life or health is endangered by
extreme temperatures or lack of ventilation.
(B) No enforcement agent shall be liable for damages to property caused by the use of force necessary to
remove an animal from a vehicle or other enclosed space under the circumstances.
§ 9 -2 -6 - DOGS NOT PERMITTED AT LARGE; WEARING LICENSES.
(A) In a rabies quarantine area, no dog 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 feet in length and directly under the owner's control when not on the
owner's property.
(B) Any dog over the age of three months running at large shall wear a collar or harness to which is attached
a valid license tag. Dogs used for the control of livestock or while being used or trained for hunting dogs
while being exhibited or trained at kennel club events, or dogs while engaged in races approved by the
Arizona Racing Commission, and those dogs while being transported to and from the 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 at large on the public streets, public parks, or public property, then the dog's owner or
custodian is in violation of this article.
(D) Any person whose dog is at large is in violation of this article. A dog is not at large:
(1) If the dog is restrained by a leash, chain, rope, or cord of not more than six feet in length of
sufficient strength to control the actions of the dog or is confined entirely to the owner's
property by adequate fence or other method;
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(2) If the dog is used to control 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 the dog is actively engaged in dog obedience training, accompanied by and under the
control of his or her owner or trainer, provided that the person training the dog has in his or her
possession a dog leash of not more than six feet in length and of sufficient strength to control the
dog; and further, that the dog is actually enrolled in or has graduated from a dog obedience
training school; or
(4) If the dog, whether on or off the premises of the owner or person acting for the owner, is
controlled as provided in division (D)(1) of this section or within a suitable enclosure which
actually confines the dog.
(E) Any dog(s) at large shall be apprehended and impounded by an enforcement agent.
(1) The agent shall have the right to enter upon private property when it becomes necessary to do
so in order to apprehend any dog that had been running at large. The entrance upon private
property shall be in reasonable pursuit of the dog(s) and not include entry into a domicile or
enclosure which confines a dog unless it is at the invitation of the occupant.
(2) The agent may issue citation(s) to the dog owner or the 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 A.R.S. § 13-3903, except the enforcement agent shall not make an arrest before
issuing the notice. The issuance of citation(s) pursuant to this article shall be subject to the
provisions of A.R.S. § 13-3899.
(3) 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.
(Am. Ord. 455, N.S., passed 5-8-2007)
§ 9-2-7 - IMPOUNDING AND DISPOSING OF DOG AND CATS; RECLAIMING IMPOUNDED DOGS AND CATS; POUND
FEES.
(A) Any stray dog or cat shall be impounded. All dogs and cats impounded shall be given proper care and
maintenance.
(B) Each stray dog or cat impounded shall be kept and maintained at the pound for a minimum of 72 hours
unless claimed by owner. Any person may purchase the dog or cat upon expiration of the impoundment
period, provided the person pays all pound fees and complies with the licensing and vaccinating
provisions of the 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 society. If the dog or cat is used for medical research, no license or vaccination is required. The
enforcement agent may destroy impounded sick or injured dogs or cats whenever the destruction is
necessary to prevent the 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 the 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 impound period, the enforcement agent shall take possession and
may place the dog or cat for sale or dispose of the dog or cat in a humane manner. Any person purchasing
a dog or cat shall pay all pound fees.
(Am. Ord. 455, N.S., passed 5-8-2007)
§ 9 -2 -8 - DETERMINATION OF VICIOUS DOG.
(A) Hearing. In the event that the Police Chief or his or her designee has reasonable grounds to believe that a
dog may be vicious, a hearing may be convened. Dog owners are guaranteed due process hearings in the
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initial determination and in the completion of any appeal process with regard to the determination that
their animal is a vicious dog as defined by the this article.
(B) Written notice. Written notice informing the owner of the charged viciousness and of the hearing shall be
served by the Police Chief or his or her designee pursuant to the Arizona Rules of Civil Procedure. A
hearing shall be held not later than ten calendar days from the date notice was served to the owner.
(C) Hearing officer. The due process hearing will be conducted by a Chief Magistrate or hearing officer. The
Chief Magistrate or hearing officer will make findings of fact and conclusions of law. The Chief Magistrate
or hearing officer shall provide the owner with a written copy of the findings.
(D) Hearing procedure. The hearing shall be informal and shall be open to the public. At hearing, both oral
and documentary evidence may be taken from any interested person and considered in determining
whether the dog is vicious. Any owner who fails to appear after notice is given without obtaining a
continuance from the appointed hearing officer or Chief Magistrate may be deemed to have waived any
right to introduce evidence or object to any order made by the Chief Magistrate or hearing officer. The
Chief Magistrate or hearing officer's decision shall be based on the preponderance of evidence.
(E) Notice. If the animal is deemed to be a vicious dog, the Chief Magistrate or hearing officer will advise the
owner of the decision at the hearing or send a registered letter advising the owner of such within ten days
of the conclusion of the hearing.
(F) Probable cause. In the event that the enforcement agent or law enforcement officer has probable cause
to believe that the dog in question is vicious and may pose a threat of serious harm to human beings or
other domestic animals, the enforcement agent or law enforcement officer may require the seizing and
impoundment of the dog pending the hearing.
(Ord. 455, N.S., passed 5-8-2007)
§ 9 -2 -9 - CONTROL OF A VICIOUS DOG.
Once a dog is declared vicious, the following steps will be required to continue ownership of an animal.
(A) Upon determination of viciousness. Immediate steps that must be completed within one calendar day
upon completion of notification of a determination of viciousness.
(1) Leash and muzzle. No person shall permit a vicious dog to go outside its kennel or pen unless the
dog is securely leashed with a leash no longer than six feet in length. No person shall permit a
vicious dog to be kept on a chain, rope, or other type of leash outside confinement unless a
person is in physical control of the leash. The dogs may not be leashed to inanimate objects such
as trees, posts, buildings, and the like. In addition, all vicious dogs on a leash outside the animal's
kennel must be muzzled by a muzzling device sufficient to prevent the dog from biting persons or
other animals. Any kennel or pen must meet the requirements of § 9-2-9(C)(1).
(2) Confinement indoors. No vicious dog may be kept on a porch, patio, or in any part of a house or
structure that would allow the dog to exit the building on its own volition.
(B) Reporting requirements. The following types of information must be reported by the owner of the dog to
the Police Chief or his or her designee within ten calendar days of occurrence:
(1) Death of dog. A written notice from a veterinarian confirming the death of the dog must be
provided to the Police Chief or his or her designee.
(2) Yearly renewal of liability insurance.
(3) The new address of a registered vicious dog owner should the owner move within the city limits.
(4) The new address of a registered vicious dog that has been moved permanently outside the city
limits.
(C) Schedule for completion. A time schedule for completion of the following steps is to be set by the hearing
officer, but in no case will it be longer than 30 calendar days from the date of the Chief Magistrate or
hearing officer's decision.
(1) Confinement. All vicious dogs shall be securely confined indoors or in a securely enclosed and
locked pen or kennel, except when leashed and muzzled. The pen, kennel, or structure must
have secure sides and a secure top attached to the sides.
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(a) All structures used to confine vicious dogs must be locked when the animals are within
the structure. The structure must have a secure bottom or floor attached to the sides of
the pen, or the sides of the pen must be embedded in the ground no less than two feet.
(b) The pen or kennel may not share common fencing with the area of perimeter fence.
(c) All structures erected to house vicious dogs must comply with all zoning and building
regulations of the city. All structures must be adequately lighted, ventilated, and kept in
a clean and sanitary condition and any other condition that provides for humane care.
(2) Registration. A declared vicious dog shall not only be licensed yearly but shall also be
permanently registered as a vicious dog with the Tolleson Police Department.
(3) Signs. All owners of vicious dogs within the city shall display in a prominent place on their
premises a sign in three-inch letters, easily readable by the public, using the words "Vicious Dog."
In addition, a similar sign is required to be posted on the kennel or pen of the animal.
(4) Insurance. All owners of vicious dogs must obtain public liability insurance in a single incident
amount of $100,000 for bodily injury to or death of any person or persons or for damage to
property or animals owned by any persons resulting from the ownership of a dog. All owners
must provide proof of insurance and effective dates to the Police Chief or his or her designee.
Cancellation of liability insurance by the dog's owner is allowed only in the event that the dog
dies. The owner of a dog must notify the Police Chief or his or her designee within ten days if
insurance coverage is cancelled by the insurance carrier and provide proof that substitute
insurance coverage has been obtained.
(5) Failure to comply. The purpose of complying with these guidelines for a dog declared vicious is to
prevent attacks, injuries, or deaths by mandating the use of control methods. Owners have the
opportunity to keep their dogs if this article is complied with.
(a) It shall be unlawful for the owner of a vicious dog registered in the City of Tolleson to fail
to comply with the requirements and conditions set forth in this article. Any dog
determined to be a vicious dog pursuant to § 9-2-8 that is found to be in violation of this
article shall be subject to immediate seizure and impoundment and may be destroyed
upon order of a Chief Magistrate.
(b) Any dog that has been determined to be a vicious dog pursuant to § 9-2-8 that injures or
kills a human being or a domestic animal and is in violation of this article shall be
destroyed.
(Ord. 455, N.S., passed 5-8-2007)
§ 9 -2 -10 - PENALTY; VICIOUS DOG.
(A) Any owner of a dog that has been declared vicious pursuant to § 9-2-8 who violates or permits the
violation of any provision of this article shall, upon conviction in the City of Tolleson Court, be fined a sum
of not less than $250 and not more than $2,500 or by imprisonment not to exceed six months, or by both
fine and imprisonment.
(B) In addition, the Court may order the vicious dog impounded and destroyed.
(C) The Court may order any person who violates the provisions concerning vicious dogs to pay all expenses
related to the impounding of the vicious dog, including shelter, food, handling, and veterinary care, to the
city.
(D) The Court may also order any person who violates this article to pay restitution to any victim or victims
whose person or animal was injured or killed or property damaged.
(E) In the event that the owner of the vicious dog is a minor, the parent or guardian in physical control of the
minor at the time of the acts giving rise to the determination of viciousness shall be liable:
(1 ) For all injuries and property damage sustained by a person or domestic animal caused by an
unprovoked attack by the vicious dog; and
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(2) All violations of this article.
(Ord. 455, N.S., passed 5-8-2007)
ARTICLE 9-3: - RABIES; ANIMAL CONTROL
§ 9-3-1- LICENSE FEES FOR DOGS; ISSUANCE OF DOG TAGS.
Every dog shall be licensed in accordance with current applicable county and state laws and regulations.
§ 9-3-2 - KENNEL PERMIT; FEE; VIOLATION.
(A) A person operating a kennel shall obtain a permit issued by the city, except if each individual dog is
licensed.
(B) The annual fee for the kennel permit shall be set by the Council.
(C) A dog remaining within the kennel is not required to be licensed individually unless otherwise required by
law. A dog leaving the controlled kennel conditions shall be licensed except if the dog is only being
transported to another kennel that has a permit issued under this section.
(D) A person who knowingly fails within 30 days after written notification from the enforcement agent to
obtain a kennel permit is guilty of a violation of this section.
§ 9 -3 -3 - HANDLING OF BITING ANIMALS; RESPONSIBILITY FOR REPORTING ANIMAL BITES.
(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 properly licensed and vaccinated pursuant to this article that
bites any person may be confined 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 14 days, provided that livestock shall be confined and quarantined for the 14-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 that bites any person may be killed and submitted to the enforcement agent or the
enforcement agent's 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 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) The animal shows clear clinical signs of rabies; and
(2) The owner of the 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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§ 9-3-4 - 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.
§ 9 -3-5 - 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 or persons responsible for the dog when the damages were inflicted.
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