IGA BETWEEN MARICOPA COUNTY AND CITY OF CHANDLER FOR BASIC ANIMAL CONTROL SERVICES (JULY 1, 2018 - JUNE 30, 2019).PDF
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INTERGOVERNMENTAL
AGREEMENT
July 1, 2018 through June 30, 2019
AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES
BETWEEN
Maricopa County
And
The City of Chandler
Contract No. 63 - I ?C)
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 Chandler,
("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 Chandler 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 Chandler City Code
Chapter 14. Art.I & Art 11,14-8, 1-19, 14-22,14-26,14-26.3,14-26.4, Sections 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.
Basic Animal Control Services: Basic animal control services performed within the response periods
prescribed for priority dispatch in Appendix B & C.
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, 2019 ("Initial Term"). This Agreement is
effective upon full execution of the Parties.
3. Renewal:
This Agreement may be renewed for up to two successive one-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 one hundred
twenty (120) 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.
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 one
hundred and twenty (120) 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.
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 initial term of this agreement; the City agrees to pay the County $189,520.
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
Management and 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 performance resulting
from acts beyond their control. Such acts shall include, but not be limited to, acts of God, riots,
acts of war, epidemics, 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 Chandler:
City of Chandler Police Department
Finance Department
250 E. Chicago St
Chandler, AZ 85225
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.
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 CHANDLER
By: By:
Chairman Mayor
Attest: Attest:
Clerk of the Board City Clerk
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 C,ity Attorney
APPENDIX A
COMPENSATION SCHEDULE ANIMAL CONTROL SERVICES
1. COUNTY Service Level:
2. Service Cost
July 1,2018 through June 30, 2019 $189,520
July 1, 2019 through June 30, 2020 $208,720
July 1, 2020 through June 30, 2021 Based results of Cost Study Adjustments
APPENDIX B
SERVICES
1. The COUNTY shall be responsible for and enforce rabies/animal control all provisions in the Chandler
City Code Chapter 14. Art. I & Art ll , 14-8, 1-19, 14-22,14-26,14-26.3,14-26.4 Sections attached
hereto as Appendix E within the geographic boundaries of Chandler 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 Chandler.
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 Monday — Sunday
8:00 a.m. to (602)506-7387(public)
5:00 p.m. except
County Observed
Holidays
Monday — Sunday (602)506-7387(public)
Limited Operation Hours: Recording 5:00 p.m. to
10:00 p.m. except
County Observed
Holidays
After hours Operations and police urgeng: Direct Dispatch
24/7 including (602)506-1309(not
holidays published) Police Only
APPENDIX D —County Observed Holidays include the following marked days:
E] New Year's Day El Washington's [El Memorial Day Rosh [X] Veteran's Day
birthday Hashanah
[ZI Martin Luther King El President's Day [X] Independence Day El Yom Kippur [E] Thanksgiving Day
JR's Birthday
0 Lincoln's birthday 0 Good Friday [X] Labor Day El Columbus [X] Christmas Day
Day
OTHER
HOLIDAYS:
Z Day After El Floating I Ioliday — Day Before El
Thanksgiving Christmas
(specify) (specify)
11 Cesar Chavez Birthday
APPENDIX E:
City of Chandler
Chapter 14 - ANIMALS
ARTICLE I. - IN GENERAL
14-1. - Definitions.
For the purposes of this article the following words and phrases shall have the meanings respectively ascribed to
them by this section:
Owner is any person, group of persons or corporation owning, keeping or harboring an animal.
Vicious dog means a dog which has bitten a person, or that has a known propensity to attack or bite human beings.
(Ord. No. 201; Ord. No. 329, § 1; Ord. No. 3044, § 2, 11-4-99)
14-8. - Animals at large.
Any person owning or having under his/her control or charge any animal or fowl who shall permit such animal or
fowl to run at large or trespass upon property owned or possessed by another or in or upon any street, alley or
other public place shall be guilty of a misdemeanor.
(Ord. No. 1, Tit. 11, § 14; Ord. No. 3044, § 2, 11-4-99)
14-14. - Enforcement of article.
The provisions of this article shall be enforced by the Chief of Police of the City.
(Ord. No. 201, § 9; Ord. No. 329, § 1; Ord. No. 3044, § 2, 11-4-99)
ARTICLE II. - DOGS
14-15. - Definitions.
In this article, unless the context otherwise requires:
Animal means any animal of a species that is susceptible to rabies, except man.
At large means on or off-premises of owner and not under control of owner or other persons acting for the owner.
Any dog in a suitable enclosure or confined shall not be considered to be running at large.
Custodian means any person keeping, possessing, harboring or maintaining any dog.
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 Agency 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/her
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 that is not wearing a valid license tag.
Vaccination means the administration of an anti-rabies 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 other than an animal used by a law enforcement agency, that:
(a) Has a propensity to bite, scratch or otherwise inflict injury on a human being or an animal owned by
another person without provocation. One (1) incident of causing injury may be sufficient to establish a
propensity; or
(b) Has a propensity to approach human beings without provocation in a menacing or terrorizing manner
so as to confine the movement of or instill fear in a reasonable person; and
(c) Is declared vicious after a hearing before a justice of the peace or a City Magistrate.
(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 1864, § 1, 8-20-87; Ord. No. 3044, § 2, 11-4-99;
Ord. No. 3836, § 1, 10-23-06)
14-16. - Powers and duties of the State Veterinarian and Livestock Board.
A. The State Veterinarian shall designate the type or types of anti-rabies vaccines that may be used for vaccination
of 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.
(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)
14-17. - 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.
(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)
14-18. - Powers and duties of Enforcement Agent.
A. The Enforcement Agent shall:
1. Enforce the provisions of this article; the regulations promulgated thereunder.
2. Issue citations for the violation of the provisions of this article; the regulations promulgated
thereunder. The procedure for the issuance of notices to appear shall be as provided for peace officers in
A.R.S. § 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 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 an area. Any regulations restricting or
involving movements of livestock within an 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 A.R.S. § 13-3899.
C. The Enforcement Agent may designate deputies.
(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)
14-19. - License fees for dogs; issuance of dog tags; records; penalties.
A. The County Board of Supervisors 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 County for at least thirty (30)
consecutive days of each calendar year. License fees shall become payable at the discretion of the County Board of
Supervisors. 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 to the County Treasurer or his/her authorized
representative. A penalty fee set by the County Board of Supervisors 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 or in the County less than thirty (30) consecutive days.
B. Durable dog tags shall be provided by the County Board of Supervisors. 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 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 fee established by the
County Board of Supervisors to the County Treasurer or his/her authorized representative.
C. The County Board of Supervisors may set license fees that are 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 County Enforcement Agent that such a 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 County 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.
14-19.1. 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 ($75.00).
C. A dog remaining within the kennel is not required to be licensed individually under section 4-19. A dog leaving
the controlled kennel conditions shall be licensed under section 4-19 except if the dog is only being transported to
another kennel which has a permit issued under this section.
D. A person who fails to obtain a kennel permit under this section is subject to a penalty of twenty-five dollars
($25.00) in addition to the annual fee.
E. A person who knowingly fails within thirty (30) days after written notification from the County Enforcement
Agent to obtain a kennel permit is guilty of a Class 2 misdemeanor.
(Ord. No. 784, § 1, 10-23-78; Ord. No. 990, § 1, 8-20-81; Ord. No. 1620, § 1, 5-22-86; Ord. No. 1707, § 1, 10-9-86;
Ord. No. 2181, § 1, 9-27-90; Ord. No. 3044, § 2, 11-4-99)
14-20. - 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 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 thereunder.
C. The Enforcement Agent shall make provisions for vaccination clinics as deemed necessary. The vaccination shall
be performed by a veterinarian.
(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)
14-21. - Rabies control fund.
A. The Enforcement Agent or his/her authorized representative shall place the monies collected by him/her 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.
(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)
14-22. - Dogs not permitted at large; wearing licenses.
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 at large on the public streets, public parks or public property, then said dog's owner or custodian is
in violation of this article.
D. Any custodian of a dog or person whose dog is at large is in violation of this article. A dog is not at large:
1. If said dog is restrained by a leash, chain, rope, or cord not more than six (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 dog obedience training, accompanied by and under the control of
his/her owner or trainer; provided, that the person training said dog has in his/her possession a dog leash
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.
4. If said dog, whether on or off the premises of the owner or custodian, is controlled as provided in
paragraph 1. of this subsection, or is 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. Said agent shall have the right to enter upon private property when it shall be 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 unless it be at the
invitation of the occupant.
2. Said 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 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 provisions of A.R.S. § 13-3899.
3. In the judgment of the Enforcement Agent, if any dog at large or other animal that is dangerous,
vicious, or fierce and a threat to human safety that cannot be safely impounded may be immediately
slain.
(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)
14-23. - 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
(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 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 an 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.
(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)
14-24. - 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 (1) of the following:
1. Sodium pentobarbital or a derivative of sodium pentobarbital.
2. Nitrogen gas.
3. T-61 euthanasia solution or its generic equivalent.
C. If an animal is destroyed by means specified in subsection B. paragraph 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.
(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)
14-25. - 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
thereunder.
(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99)
14.26. - Vicious animals.
14-26.1 Viciousness determination.
A. Any person, including a County Animal Control Officer, having reasonable grounds to believe an animal is
vicious may petition a City Magistrate for a determination that the animal is vicious.
B. Any time after the petition is filed the Court may, if it finds that there are reasonable grounds to believe that
the animal poses a risk of injury to any person or to animals owned by others, order that the animal be impounded
on such terms as the court deems necessary to protect public safety.
C. After notice to the owner of the animal, the City Magistrate shall conduct a hearing. The hearing shall be
informal and open to the public. Oral and documentary evidence may be taken from any interested party and
considered in determining whether the animal is vicious. Any owner who fails to appear after notice may be
deemed to have waived any right to introduce evidence. The decision shall be based on the preponderance of
evidence.
D. A viciousness determination may be conducted in conjunction with and as a part of a criminal proceeding for
any violation of this Chapter if viciousness is alleged in the complaint.
E. Any fee for filing a petition or fees for service of hearing notices pursuant to this section may be deferred or
waived by the court.
F. Any decision of the City Magistrate may be appealed to the Superior Court.
State Law reference— Vicious animals, A.R.S. § 13-1208.
14-26.2 Disposition of vicious animals.
Upon determining an animal to be vicious, the Court shall enter such orders, as it deems necessary to protect the
public. The Court may order, but is not limited to the following:
A. Require the animal to have permanent identification.
B. Require the owner to keep Maricopa Animal Control informed of any change in location or ownership of the
animal.
C. That the owner of the vicious animal display in a prominent place on the premises where the animal is kept a
sign in three-inch letters, easily readable by the public, using the words "Vicious Animal."
D. That the owner obtain public liability insurance in a single incident amount of at least one hundred thousand
dollars ($100,000.00)for bodily injury or death of any person or for damage to property caused by the vicious
animal.
E. That the animal be destroyed.
F. That the animal at all times be securely confined indoors or in a securely enclosed and locked pen or kennel,
except when leashed and muzzled. Any such confinement must be in a humane manner providing adequate
ventilation, water, food and shelter from the elements and not be subject to excessive temperatures. The length
and width of the locked pen or kennel must be at least two (2) times the animal's body length and at least three (3)
inches taller than the animal's full standing height.
G. That the animal be spayed or neutered.
State Law reference— Destruction of vicious animals, A.R.S. § 11-1014.
14-26.3 Authority of Enforcement Agent to determine an animal to be vicious.
The County Enforcement Agent, upon good cause is hereby authorized to determine an animal to be vicious and to
make such orders as the Enforcement Agent deems necessary to protect the public, including but not limited to
the orders listed hereinabove in Section 14-26.2, A through H.
A. The County Enforcement Agent shall serve notice of its determination of viciousness and order on the animals'
owner or on any person found to be in possession of the animal if the owner cannot be determined.
B. Service shall be accomplished in accordance with Rule 4.1, Arizona Rules of Civil Procedure.
C. The Notice shall give the owner and/or person in possession of the animal or any other interested person thirty
(30) days to appeal such determination and order and request a hearing before the Justice of the Peace or City
Magistrate.
D. In the event of an appeal, the Justice of the Peace or City Magistrate shall conduct a hearing de novo and treat
the matter as a petition filed per Section 14-26.1 herein above.
14-26.4 Handling of biting animals; responsibility for reporting animal bites.
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-day period in
a manner regulated by the Arizona Livestock Sanitary 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/her
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 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.
(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. 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.
(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99; Ord. No. 3044, § 2, 11-4-99;
Ord. No. 3836, § 2, 10-23-06)
14-28. - 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
owner or person or persons responsible for the dog when such damages were inflicted.
(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99; Ord. No. 3836, § 4, 10-23-06)
14-29. - 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.
(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99; Ord. No. 3836, § 4, 10-23-06)
14-30. - Unlawful interference with Enforcement Agent.
It is unlawful for any person to interfere with the Enforcement Agent in the performance of his/her duties.
(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99; Ord. No. 3836, § 4, 10-23-06)
14-30. - Violation; classification.
Any person who fails to comply with an order of a City Magistrate regarding a vicious animal or fails to comply with
the requirements of this article, or violates any of its provisions, is guilty of a Class 2 misdemeanor, and may be
subject to imprisonment for a maximum period of four (4) months, or fined a maximum of seven hundred fifty
dollars ($750.00) or both. Each day a violation continues is a separate offense.
(Ord. No. 784, § 1, 10-23-78; Ord. No. 1620, § 1, 5-22-86; Ord. No. 3044, § 2, 11-4-99; Ord. No. 3836, § 5, 10-23-06)