IGA WITH TOWN OF WICKENBURG FOR ANIMAL CONTROL SERVICES.PDF

INTERGOVERNMENTAL
AGREEMENT
July 1, 2018 through June 30, 2019
AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES
BETWEEN
Maricopa County
And
The Town of Wickenburg
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 Town of
Wickenburg, ("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 Wickenburg is authorized to enter into this Agreement pursuant to A.R.S. § 11-952.
The TOWN is in need of the animal control services and desires to enter into this Agreement with the
County for Basic 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:
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 Wickenburg Town Code
Chapter 7 Animals, Article 7-1, Sec. 7-1-1 thru 7-1-17, 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 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 'I 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 three-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.
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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 TOWN this Contract shall be terminated and COUNTY obligations hereunder
shall immediately cease.
9. County Reporting Obligations:
COUNTY shall provide TOWN 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 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 res pect
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.
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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 described in Appendix B.
14. Payment for Services:
The Town agrees to pay the County $3,136.00 for the initial term of this Agreement. After the initial term,
the Town shall pay the County those fees set forth in Appendix A for subsequent years. lithe COUNTY
determines that the amounts set forth on Appendix A do not result in full recoxery of the COUNTY'S direct
and indirect costs of providing the Services to the TOWN, then such fees may be increased 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. COUNTY
shall notify TOWN on or before April 1 of each year of any such increase for the subsequent year. Upon
request by TOWN, COUNTY shall provide TOWN with the data or other information supporting the
proposed fee increase. This Agreement shall terminate at the end of the then current term if TOWN
notifies COUNTY on or before May 1 following notice of the fee increase that TOWN does not approve of
the fee increase. 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.
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, lire, 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 27 1h Avenue
Phoenix, AZ 85009
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Town of Wickenburg:
Les Brown, Chief of Police
Wickenburg Police Department
155 N. Tegner Street
Wickenburg, AZ 85390
Copy to:
Town Clerk
Town of Wickenburg
155 N. Tegner Street
Wickenburg, AZ 85390
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 TOWN OF WICKENBURG
By:
Chairman
Attest: Attest:
Clerk of the Board Town Cle-rk
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 FOR BASIC ANIMAL CONTROL SERVICES
July 1, 2018 through June 30, 2019 $3,136
July 1, 2019 through June 30, 2020 $3,293
July 1, 2020 through June 30, 2021 $3,450
Fees for July 1, 2019 through June 30, 2020 and July 1, 2020 through June 30, 2021 may be revised in
accordance with Paragraph 14 of the Agreement.
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APPENDIX 13
SERVICES
1. The COUNTY shall be responsible for and enforce rabies/animal control all provisions in the
Wickenburg Town Code Chapter 7 Animals, Article 7-1, Sec. 7-1-1 thru 7-1-17, attached hereto as
Appendix E within the geographic boundaries of Wickenburg 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 Town of Wickenburg.
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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.
:DAYS &HOURS
OF OPERATION
Regular Operation Hom-s: Ceder Monday— Sunday
8:00 a.m. to (602)506-7387(public)
5:00 p.m. except
County Observed
Holidays
Monday— Sunday (602)5067387 (public)
Limited Operation Hours: Recording 5:00 p.m. to
10:00 p.m. except
County Oh served
I Iolidays
After horns Operations and police :agency: Direct Dispatch
24/7 including (602)506-1309(not
holidays published) Police Only
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APPENDIX D
County Observed Holidays include the following marked days:
El New Year's Day LI Washington's .Memorial Day 0 Rosh 1 Veteran's Day
birthday Hashanah
O Martin Luther King El President's Day El Independence Day Li Yoin Kippur El Thanksgiving Day
JR's Birthday
O Lincoln's birthday 0 Good Friday El Labor Day El Columbus 0 Christmas Day
Day
OTT-IER
HOLIDAYS:
O Day After 0 FloatingHoliday — 0 Day Before Li
Thanksgiving Christmas
(specify) (specify)
LI Cesar Chavez Birthday
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APPENDIX E:
Town of Wickenburg
CHAPTER 7 ANIMALS
ARTICLE 7-1 RULES AND REGULATIONS
7-1-1 Definitions
7-1-2 Powers and Duties of the State Veterinarian and the Livestock Board
7-1-3 Powers and Duties of State Department of Health Services
7-1-4 Powers and Duties of Enforcement Agent
7-1-5 License Fees for Dogs; Issuance of Dog Tags; Records; Penalties; Classification; Exception
7-1-6 Anti-Rabies Vaccination; Vaccination and License Stations
7-1-7 Kennel Permit; Fee; Violation
7-1-8 Rabies Control Fund
7-1-9 Dog Not Permitted at Large; Wearing License
7-1-10 Establishmentof Pounds; Impounding and Disposi ng of Dogs and Cats; Rectal mingImpounded Dogs and
Cats; Pound Fees
7-1-11 Ha ndling of Biting Ani mals; Respons bi lity for Reporting Animal Bites; Authority to Destroy Animals
7-1-12 Unlawful Interference with Enforcement Agent
7-1-13 Removing Impounded Animals
7-1-14 Unlawful Keeping of Dogs
7-1-15 Violation;Classification
7-1-16 Dogs; Liability
7-1-17 Proper Care, Maintenance and Destruction of Impounded Animals
7-1-18 Disposal of Fecal Matter Ord. 1006/1-09
Section 7 -1 -1 Definitions
In this Chapter unless the context otherwise requires:
A. 'Animal" means a ny anima I of a species that is susceptibleto ra bi es, 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 suitableenclosure,which actua I ly confi nes the dog, shall not be considered to
be running at large.
C. "Department" means the State Department of Health Services.
D. "Enforcement agent' means that person in each County who is res ponsi bl e for the enforcement of this Chapter
and the regulations promulgated thereunder.
E. "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 a ccorda nce with the provisions of this
Chapter.
F. "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.
G. "Livestock" means neat animals, horses, s heep, goats, swine, mules and asses.
H. "Owner" means any person keeping an animal other than I ivestockfor more than six (6) consecutive days.
I. "Pound" means any esta bl is hmenta uthori zed for the confinement, maintenance, safekeeping and control of
dogs and other animals thatcome into the custody of the enforcement agent in the performance of his
official duties.
J. "Rabies oua ra nti ne a rea" means any area in which a State of Emergency has been declared to existdue to the
occurrence of rabies in animals in or a djacentto this area.
K. "Rabies vaccination certificate" means a method of recording and duplicating rabies information that is
in compliance with Ma ricopa County enforcement agent's licensing system or Ma ricopa County
enforcement agent's prescri bed forms.
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L "Stray dog" means a ny dog four (4) THREE (3) months of age or older runni ng at la rge that is not wearing a valid
licensetag.
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 veterinarian employed in this State by a governmental agency.
0. "Veterinary hospital" means any esta bl ishment operated by a veterinarian li censed to practice in this State that
provides cli nica I facilities and houses animals or birdstor dental, medical or surgical treatment. A
veterinary hospital may have adjacentto it or in conjunction with it, or as an integral part of it, pens,
stall s, cages or kennels for quarantine, observation or boarding.
P. "Vicious animal' . means any a nimal of the order ca rnivore 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.
Section 7-1-2 Powers and Duties of the State Veterinarian and the Livestock Board
A. The State Veterina ria n shall designate the type or types of a nti -ra bies 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 sha II regulate the handling and disposition of anima Is classed as I ivestock that have
been bitten by a rabid or suspected rabid animal or a re s howi ng symptoms suggestive of rabies.
Section 7-1-3 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 7-1-4 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 issua nce of notices to appear shall be as provided for peace officers in
A.R.S. § 13-3903, except that the enforcement agent shall not ma ke an arrest before issui ng 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 Dena ament of Health Services and the Game and Fish Department to
implement an emergency program for the control of rabies within the area. Any regulations restricti ng or
involving movements of I ivestock withi n the area s ha II be subj ect to approval by the State Veterinarian.
B. The iss ua nce of citations pursuantto this Section shall besubjectto the provisions of A.R.S. § 13-3899.
C. The enforcement agent may designate deputies.
Section 7-1-5 License Fees for Dogs; Issuance of Dog Tags; Records Penalties; Classification; Exception
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A. The Town Council shall set an annual license fee which shall be paid for each dog four (4) THREE (3) months of
age or over that is kept, harbored or maintained within the boundaries of the Town for at least thirty(30)
cons ecutive days of each ch caIendar year. License fees shall become paya ble at the discretion of the Council. The
licensing period shall not exceed the period of time for revaccination as designated by the State Veterinarian.
License fees shall be paid within ninety (90) days. A penalty not to exceed four TWEN1Y-TWO dollars ($4.00)
($22.00) 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
applica nts who furnish adequate proof that the dog to be licensed has been in their possession lessthan thirty (30)
consecutive days.
B. Durable dog tags shall be provided. Each dog licensed under the terms of this Article shall receive, at the time
of licensing,such a tagon which shall be inscribedthe name of the County, the number of the license and the date
on which it expires. The tag shall be attached to a collar or harness, which shall be worn by the dog at all, times
while running at large, except as otherwise provided in this Article. Whenever a dog tag is lost, a duplicate tag
shall be issued upon application by the owner and payment of a fee to the enforcement agent.
C. License fees may be lower for dogs permanently incapable of procreation. An applicant for a license for a dog
claimed to be incapable of procreation shall furnish adequate proof satisfactory to the enforcement agent that
such dog has been surgically altered to be permanently inca pa ble of procreation.
D. Any person who fails within fifteen (15) days after written notification from the enforcement agent to obtain a
license for a dog required to be licensed, counterfeits or attempts to counterfeit an official dog tag, or remove
such tag from any dog for the purpose of 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.
E. A guide dog belonging to a blind person who is a resident of the State or any bona fide, non-profit organization
which is in the business of breeding, raising or training dogs that are used for guiding the blind shall, upon
application by the owner or organization to the enforcement agent and on presentation of proper proof, be
vaccinated and licensed pursuantto this Article without payment of a fee.
Section 7-1-6 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, type, manufacturer
and serial number of the vaccine used, and date reva ccination is due. A duplicate of each rabies vaccination
certificate issued shall be transmitted to the enforcement agent on or before the tenth (10th) 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 Arti cle a nd 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 givingthe 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 there under.
C. The enforcement agent shall make provis ions for vaccination cl inics as deemed necessary. The vaccination shall
be performed by a veterinarian.
Section 7-1-7 Kennel Permit; Fee, Violation *Ord. 1140
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 dogis licensed.
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B. A dog remaining within the kennel is not required to be licensed individually under A.R.S. § 24-367. A dog
leaving the controlled kennel conditions shall be licensed under A.R.S. § 24-367, except if the dog is only being
transported to another kennel, which has a permit, issued under this Section.
C. A person who fails to obtain a kennel permit under this Section is subject to a penalty, as established
by Council Resolution.
D. 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 1 Misdemeanor.
Section 7-1-8 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 Articl e a nd the regulations promulgated thereunder.
B. Any unencumbered balance remainingin the rabies control fund atthe end of a fiscal year shall be carried over
into the following fiscal year.
Section 7-1-9 Dogs Not Permitted at Large; Wearing License
A. Neither a female dog during her breeding or mating season nor a vicious dogshall be permitted at large.
B. Ina 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 a dog is confined entirely to the owner's property, or on a leash not to
exceed six feet (6') in length and directly under the owner's control when not on the owner's property.
C. Any dog over the age of four (4) THREE (3) 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 tra ined 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.
D. If any dog is a t la rge on the public streets, public parks or public property, then said dog's owner or custodian is
in violation of this Article.
E. Any dog(s) at large in violation of this Section shall be apprehended and impounded by an enforcement agent.
1. Said agent shall have the rightto 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 pursuitof such dog(s),and shall not include entry into a domicile or enclosure, which confines
a dog unless it be at the invitation of the occupant.
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 for 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)pursuanttothis Articles hall besubjectto 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 or
fierce and a threat to human safety cannot be safely impounded, it may be slain.
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Section 7-1-10 Establishment of Pounds; Impounding and Disposing of Dogs and Cats; Reclaiming
Impounded Dogs and Cats; Pound Fees
A. Any stray dog shall be i mpounded. All dogs and cats impounded shall be given proper care a nd maintenance.
B. Each stray dog or any cat impounded shall be kept and maintained atthe 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 licensi ng 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 a humane manner.
If such dog or cat is to be used for medical resea rch, no licenseor vaccination shall be required. The enforcement
agent may destroy impounded s ick or injured dogs or cats whenever such destruction is necessary to prevent such
dog or cat from sufferi ng 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
catfor saleor may disposeof the dog or cat in a humane manner. Any person purchasing such dog or catsha I I pay
all pound fees. Pound fees shall beset by resolution of the Council.
Section 7-1-11 Handling of Biting Animals; Responsibility for Reporting Animal Bites; Authority to Destroy
Animals
A. An unlicensed or unvaccinated dog or any cat that bites any person shall be confined a nd 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 properlylicensed and vaccinated pursuantto this Articlethat bites a ny person may y
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 s hall be confined and quarantined for the fourteen (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, which bites any person, may be killed and submitted to the enforcement agent or his deputies
for transmission to an appropriate diagnostic la boratory.
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 clinicalsigns of ra bies.
2. The owner of such animal consents to its destruction.
TAS:ad 327191,3 6/12/201814/2'2018
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F. Any animal subjectto licensing under this Articiefound 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 Town
Magistrate. A Justice of the Peace or Town Magistrate may issue such an order after notice to the owner, if any,
a nd a hearing.
Section 7-1-12 Unlawful Interference with Enforcement Agent
It is unlawful for any person to interfere with the enforcement agent in the performance of his duties.
Section 7-1-13 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,
Section 7-1-14 Unlawful Keeping of Dogs
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 7-1-15 Violation; Classification
Any person who fails to comply with the requirements of this Article, or violates any of its provisions, i s 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 $750.00, or both.
Section 7-1-16 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
owner or person or persons responsi bl e for the dog when such damages were inflicted.
Section 7-1-17 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 pentoba rbita I or a derivative or sodium pentoba rbita I.
2. Nitrogen gas.
3. T-61 Euthanasia solution or its generic equivalent.
C. If an animal is destroyed by means specified in Subsection B. paragraphs 1 or 3 of this Section, its hall be done
by a licensed veterinarian or in accorda nce with procedures established by the State Veterinarian pursuant to
A.R.S. § 24-153.
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 Band C of this Section.
TAS:rrd 3271901.3 6/12/20181 4/2/2018
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