IGA WITH TOWN OF GILA BEND FOR ANIMAL CONTROL SERVICES.PDF
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INTERGOVERNMENTAL
AGREEMENT
JULY 1, 2018 THROUGH JUNE 30, 2022
AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES
BETWEEN
MARICOPA COUNTY
AND
THE TOWN OF GILA BEND
CONTRACT NO.
PAGE 1 OF 20
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 Gila Bend,
(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 Gila Bend 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 Gila Bend Town Code
Chapter 96 Dogs and Rabies Control: 96.20-25, 96.28-35 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.
PAGE 2 OF 20
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.
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:
PAGE 3 OF 20
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 respect
to the subject matter of the Agreement.
12. Indemnification:
To the extent permitted by law, the COUNTY and the Department does hereby covenant and agree to
indemnify, defend and hold harmless the TOWN, its officers, employees, contractees and agents from and
against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any
kind or nature relating to this Agreement which are the result of any act or omission of the COUNTY and
the Department, its officers, employees, contractees, agents and anyone acting under its direction or
control, whether intentional or negligent, in connection with or incident to this Agreement.
To the extent permitted by law, the TOWN does hereby covenant and agree to indemnify, defend and hold
harmless the COUNTY its officers, employees, contractees and agents from and against any and all suits,
actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to
this Agreement which are the result of any act or omission of the TOWN, its officers, employees, agents
and anyone acting under its direction or control, whether intentional or negligent, in connection with or
incident to this Agreement.
13. Services:
The COUNTY agrees to provide the animal control services described in Appendix B.
14. Payment for Services:
PAGE 4 OF 20
The TOWN agrees to pay the COUNTY for services performed under this Agreement in accordance with
Appendix A of this Agreement as may be amended. COUNTY will submit an invoice quarterly for Services
to be provided. The TOWN will submit payment to COUNTY within 30 days of receiving of a correct invoice
for the initial term of this agreement; the Town agrees to pay the County $7,514.00. Thereafter, the Town
shall pay the County those fees approved by the Maricopa COUNTY Board of Supervisors in accordance
with a formula developed by the Department 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 TOWN in any State or Federal Court.
D. The COUNTY and TOWN warrant they are in compliance with the provisions in A.R.S. § 41-
4401 (e-verify).
E. Notices. Whenever written notice is required or permitted to be given by any Party to the other,
such notice shall have been deemed to have been sufficiently given if personally delivered or
deposited in the United States Mail in a properly stamped envelope, certified or registered mail,
return-receipt-requested, addressed to:
Animal Care and Control:
Finance Division
Maricopa County Animal Care and Control
2500 South 27th Avenue
Phoenix, AZ 85009
Town of Gila Bend:
644 W Pima Street
Box A
Gila Bend, AZ 85337
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.
PAGE 5 OF 20
IN WITNESS WHEREOF, the parties enter into this Agreement:
MARICOPA COUNTY
BOARD OF SUPERVISORS TOWN OF GILA BEND
By: By:
Chairman -1(Lmy Lee "- , Mayor -
Attest: Attest:
Clerk of the Board Beverly TurnerMINC, Town Clerk
This Agreement has been reviewed pursuant to A.R.S. § 11-952 et. seq. b the undersi ed attorney, who
has determined j that it is in proper form and is within the power and auth granteku der th laws of the
Stateof A izona.
tr(cHill (L Supervisors Steve McCluiterAown Attorney
PAGE 6 OF 20
APPENDIX A
COMPENSATION SCHEDULE ANIMAL CONTROL SERVICES
1. COUNTY Service Level:Basic
2. Service Cost
Fiscal year 2019-2020 $7,514
Fiscal year 2020-2021: $7,739
Fiscal year 2021-2022: $7,971
PAGE 7 OF 20
APPENDIX B
SERVICES
1. The COUNTY shall be responsible for and enforce rabies/animal control all provisions in the Gila Bend
Town Code Chapter 96 Dogs and Rabies Control: 96.20-25, 96.28-35 within the geographic boundaries
of Gila Bend 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 Gila Bend.
PAGE 8 OF 20
APPENDIX C — HOURS OF OPERATION
The facilities and locations specified below and will be available during the hours of operation indicated.
DAYS & HOURS Telephone no, :
OF OPERATION
Residar Operation Homs: 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: Direct Dispatch
Monday-Sunday 10:00 (602)506-1309(not
p.m. to 8:00 a.m. and published) Police Only
all County Observed
Ti olidays
PAGE 9 OF 20
APPENDIX D —County Observed Holidays include the following marked days:
El New Year's Day D Washington's (21 Memorial Day ID Rosh El Veteran's Day
birthday Hashanah
E Martin Luther King El President's Day Independence Day D Yom Kippur El Thanksgiving Day
JR's Birthday
El Lincoln's birthday 0 Good Friday El Labor Day D Columbus El Christmas Day
Day
OTHER
HOLIDAYS:
El Day After Floating Holiday —0 Day Before
Thanksgiving Christmas
(specify) (specify)
Cesar Chavez Birthday
PAGE 10 OF 20
APPENDIX E
City of Gila Bend
CHAPTER 96: ANIMAL CONTROL
Section
General Provisions
96.01 Dangerous or diseased animals
96.02 Noises
96.03 Livestock at large
96.04 Swine prohibited
96.05 Keeping of animals regulated
96.06 Keeping of bees
96.07 Public assistance in apprehension of loose nuisance animals limited to domestic cats, skunks and foxes
Dogs and Rabies; Control
96.20 Definitions
96.21 Powers and duties of the State Veterinarian and the Livestock Board
96.22 Powers and duties of State Department of Health Services
96.23 Powers and duties of enforcement agent
96.24 License fees for dogs; issuance of dog tags; penalties
96.25 Kennel permit; fee; violation; penalty
96.26 Anti-rabies vaccination; vaccination and license stations
96.27 Rabies Control Fund
96.28 Dog not permitted at large
96.29 Establishment of pounds; impounding and disposing of dogs and cats; reclaiming impounded dogs and
cats; pound fees
96.30 Handling of biting animals; responsibility for reporting animal bites; authority to destroy animals
96.31 Unlawful interference with enforcement agent
96.32 Removing impounded animals
96.33 Unlawful keeping of dogs
96.34 Dogs; liability
96.35 Proper care, maintenance and destruction of impounded animals
96.36 Fee schedule
Impoundment
96.50 Scope
96.51 Poundmaster
96.52 Impounding of animals at large
96.53 Notice to owners of impoundment
96.54 Report of impounded animals
96.55 Conditions and duration of impoundment
96.56 Redemption of impounded animals
96.57 Sale of unredeemed animals
96.58 Impounding fees
96.59 Impeding Poundmaster
96.99 Penalty
PAGE 11 0F20
GENERAL PROVISIONS
96.01 DANGEROUS OR DISEASED ANIMALS.
(A) It is unlawful to permit any dangerous or vicious animal or any animal which is sick or which might
communicate contagious or infectious diseases of any kind to be exposed in any public place or to run at large
within the town.
(B) Exhibitions or parades of animals which are ferae naturae in the eyes of the law may be conducted only upon
securing a permit from the Chief of Police.
(C) The members of the Police Department are authorized to kill any dangerous animals of any kind when it is
necessary for the protection of any person or property.
(1996 Code, § 6.04.010) Penalty, see § 96.99
96.02 NOISES.
It is unlawful to harbor or keep any animals which disturb the peace by loud noises at any time of the day or night.
(1996 Code, § 6.04.020) Penalty, see § 96.99
96.03 LIVESTOCK AT LARGE.
Any person who keeps or causes to be kept any horses, mules, swine, goats, sheep or other livestock or poultry
shall keep the livestock or poultry in a pen or similar enclosure to prevent their roaming at large within the
corporate limits of the town. It is unlawful to allow any livestock or poultry to run at large in any public place in the
town and any animal shall be impounded as provided in this chapter. It is unlawful to cause or allow any stable or
place where any animal is or may be kept to become unclean or unwholesome.
(1996 Code, § 6.04.030) Penalty, see § 96.99
96.04 SWINE PROHIBITED.
(A) Except as noted in division (B) of this section, it is unlawful to keep any live swine or pigs within the corporate
limits of the town.
(B) Live swine or pigs that are being used for educational purposes may be kept only within specially constructed
pens that are maintained and supervised by the Vocational Agricultural Department of the Town School District,
and only when the pens are constructed in a geographical area approved by the Town Council and all appropriate
health agencies. The occupants of any single-family dwelling may keep one pot-bellied pig provided the pig does
not weigh more than 125 pounds and is not used for breeding.
(1996 Code, § 6.04.040) (Ord. 90, passed - -; Ord. 99-03, passed - -) Penalty, see § 96.99
96.05 KEEPING OF ANIMALS REGULATED.
(A) Except as noted in division (B) of this section, animals including cattle, horses, sheep and goats or any
combination thereof shall be limited to two head for the first acre of land on which they are kept. For each
additional head, an additional one-half acre is required. This section is in addition to the prohibition of § 96.04 and
shall not be construed to apply to dogs and cats.
(B) These limits may be exceeded by educational facilities, but only upon a special vote of Council. Council may, in
this case, specify limits on number of head per acre and other criteria that must be met before an exception is
granted. No citizen or organization, except an educational institution, may receive an exception under this section.
(1996 Code, § 6.04.050) (Ord. 90, passed - -1979) Penalty, see § 96.99
PAGE 12 OF 20
96.06 KEEPING OF BEES.
It is unlawful to keep or care for bees or maintain any stands or hives of bees within the corporate limits of the
town.
(1996 Code, § 6.04.060) Penalty, see § 96.99
96.07 PUBLIC ASSISTANCE IN APPREHENSION OF LOOSE NUISANCE ANIMALS LIMITED TO DOMESTIC CATS,
SKUNKS AND FOXES.
The town enforcement agent shall provide to citizens at a reasonable cost and procedure a humane live-animal
trap for the apprehension of the above-mentioned animals (i.e., domestic cats, skunks and foxes). Traps are to be
used in a prescribed manner so as not to cause injury or harm. All trapped animals shall be transported to the
official county pound for proper care and maintenance as prescribed by law and/or policy.
(1996 Code, § 6.04.070) (Ord. 109, passed --1982)
DOGS AND RABIES; CONTROL
96.20 DEFINITIONS.
For the purpose of this subchapter, the following definitions apply unless the context clearly indicates or requires a
different meaning.
ANIMAL. Any animal of a species that is susceptible to rabies, except humans.
AT LARGE. On or off the 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.
ENFORCEMENT AGENT. The person in each county who is responsible for the enforcement of this chapter and the
regulations promulgated thereunder.
DEPARTMENT. The State Department of Health Services.
IMPOUND. The act of taking or receiving into custody by the enforcement agent any dog or other animal for the
purpose of confinement in an authorized pound in accordance with the provisions of this subchapter.
KENNEL. An enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors or maintains
five or more dogs under controlled conditions.
LIVESTOCK. Neat animals, horses, sheep, goats, swine, mules and asses.
OWNER. Any person keeping an animal other than livestock for more than six consecutive days.
POUND. 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 or her
official duties.
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 county enforcement agent's licensing system and/or county enforcement agent's prescribed
forms.
STRAY DOG. Any dog four months of age or older running at large that is not wearing a valid license tag.
VACCINATION. 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 the state or any
veterinarian employed in the state by a governmental agency.
VETERINARY HOSPITAL. Any establishment operated by a veterinarian licensed to practice in the 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. Any animal of the order carnivora 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.
(1996 Code, § 6.08.010) (Ord. 85-04-002, passed - -; Ord. 87-07-004, passed —; Ord. 87-07-005, passed - -)
PAGE 13 OF 20
96.21 POWERS AND DUTIES OF THE STATE VETERINARIAN AND THE LIVESTOCK BOARD.
(A) The State Veterinarian shall designate the type or types of anti-rabies vaccines that may be used for
vaccination of animals, the period of time between vaccination and revaccination and the dosage and method of
administration of the vaccine.
(B) The State 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.
(1996 Code, § 6.08.020) (Ord. 85-04-002, passed - -)
96.22 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.
(1996 Code, § 6.08.030) (Ord. 85-04-002, passed - -)
96.23 POWERS AND DUTIES OF ENFORCEMENT AGENT.
(A) The enforcement agent shall:
(1) Enforce the provisions of this chapter; the regulations promulgated thereunder;
(2) Issue citations for the violation of the provisions of this chapter; 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 the area. Any regulations restricting or
involving movements of livestock within the area shall be subject to approval by the State Veterinarian.
(B) The issuance or citations pursuant to this section shall be subject to the provisions of A.R.S. § 13-3899.
(C) The enforcement agent may designate deputies.
(1996 Code, § 6.08.040) (Ord. 85-04-002, passed - -)
96.24 LICENSE FEES FOR DOGS; ISSUANCE OF DOG TAGS; PENALTIES.
(A) The Town Council shall set an annual license fee which shall be paid for each dog four months of age or over
that is kept, harbored or maintained within the boundaries of the town for at least 30 consecutive days of each
calendar year. License fees shall become payable at the discretion of Town 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 90 days. A penalty not to exceed $3 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 chapter. This
penalty shall not be assessed against applicants who furnish adequate proof that the dog to be licensed has been
in their possession less than 30 consecutive days.
(B) (1) Durable dog tags shall be provided. Each dog licensed under the terms of this subchapter 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.
(2) 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 chapter.
PAGE 14 OF 20
(3) 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 the
dog has been surgically altered to be permanently incapable to procreate.
(D) Any person who fails within 15 days after written notification from the enforcement agent to obtain a license
for a dog required to be licensed, or counterfeits or attempts to counterfeit an official dog tag, or removes the 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.
(1996 Code, § 6.08.050) (Ord. 85-04-002, passed - -) Penalty, see § 96.99
96.25 KENNEL PERMIT; FEE; VIOLATION; PENALTY.
(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 an amount as set from time to time by resolution of the Town Council.
(C) A dog remaining within the kennel is not required to be licensed individually under A.R.S. § 11-1008. A dog
leaving the controlled kennel conditions shall be licensed under A.R.S. § 11-1008, except if the dog is only being
transported to another kennel which has a permit issued under this section.
(0) A person who fails to obtain a kennel permit under this section is subject to a penalty of an amount as set
from time to time by resolution of the Town Council in addition to the annual fee.
(E) A person who knowingly fails within 30 days after written notification from the county enforcement agent to
obtain a kennel permit is guilty of a Class 2 misdemeanor.
(1996 Code, § 6.08.060) (Ord. 85-04-002, passed - -; Ord. 98-17, passed - -)
96.26 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 chapter.
(B) A dog vaccinated in any other state prior to entry into the state may be licensed in the state; provided that, at
the time of licensing, the owner of the 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 chapter 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.
(1996 Code, § 6.08.070) (Ord. 85-04-002, passed - -)
PAGE 15 OF 20
96.27 RABIES CONTROL FUND.
(A) The enforcement agent or authorized representative shall place the moneys collected by him or her under the
provisions of this chapter in a special fund to be known as the Rabies Control Fund to be used for the enforcement
of the provisions of this chapter and the regulations promulgated thereunder.
(B) Any unencumbered balance remaining in the Rabies Control Fund at the end of the fiscal year shall be carried
into the following fiscal year.
(1996 Code, § 6.08.080) (Ord. 85-04-002, passed - -)
96.28 DOG NOT PERMITTED AT LARGE.
(A) Neither a female dog during her breeding or mating season, nor a vicious dog, shall be permitted at large.
(B) 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 a 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.
(C) Any dog over the age of four 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 State Racing
Commission, and the 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.
(D) 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 chapter.
(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 is necessary to do so in order to
apprehend any dog that has been running at large. The entrance upon private property shall be in
reasonable pursuit of the dog(s) and shall 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 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 chapter 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 or
fierce and a threat to human safety cannot be safely impounded, it may be slain.
(1996 Code, § 6.08.090) (Ord. 85-04-002, passed - -) Penalty, see § 96.99
96.29 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 72 hours
unless claimed by its owner. Any person may purchase such a 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 this
chapter. 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 the 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 the destruction is necessary to prevent the dog or cat
from suffering or to prevent the spread of disease.
PAGE 16 OF 20
(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 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 the dog or cat
shall pay all the pound fees.
(1996 Code, § 6.08.100) (Ord. 85-04-002, passed - -)
96.30 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 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 chapter 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 14 days; provided that, livestock shall be confined and quarantined for the 14-day period in a manner
regulated by the State Livestock Board. If the animal is a caged rodent it may be confined and quarantined at the
home of the owner or where it is harbored or maintained, for the required period of time, with the consent of and
in a manner prescribed by the enforcement agent.
(C) Any wild animal which bites any person may be killed and submitted to the enforcement agent or 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) 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 subchapter 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
Town Magistrate. A Justice of the Peace or Town Magistrate may issue an order after notice to the owner, if any,
and a hearing.
(1996 Code, § 6.08.110) (Ord. 85-04-002, passed - -)
96.31 UNLAWFUL INTERFERENCE WITH ENFORCEMENT AGENT.
it is unlawful for any person to interfere with the enforcement agent in the performance of his or her duties.
(1996 Code, § 6.08.120) (Ord. 85-04-002, passed - -) Penalty, see § 96.99
96.32 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 chapter and the regulations
promulgated hereunder.
(1996 Code, § 6.08.130) (Ord. 85-04-002, passed - -) Penalty, see § 96.99
PAGE 17 OF 20
96.33 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 chapter.
(1996 Code, § 6.08.140) (Ord. 85-04-002, passed - -) Penalty, see § 96.99
96.34 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 the damages were inflicted.
(1996 Code, § 6.08.150) (Ord. 85-04-002, passed - -)
96.35 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 impounded in a county, city or town pound shall be destroyed only by the use of the one of the
following:
(1) Sodium pentobarbital or a derivative of sodium pentobarbital;
(2) Nitrogen gas; or
(3) T-61 euthanasia solution or its generic equivalent.
(C) If an animal is destroyed by means specified in divisions (8)(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 A.R.S. §
11-1013(E).
(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 divisions (B) and (C) of this section.
(1996 Code, § 6.08.160) (Ord. 85-04-002, passed - -)
96.36 FEE SCHEDULE.
Rabies/Animal Control Fee Schedule
Adoptions
Cats $10
Dogs under four months $15
Other animals subject to adoption Market value
Board fees
Cats $2
Dogs per day and wild and exotic animals $3
Dog license
Dogs capable of procreation $15
Dogs permanently incapable of procreation $7
Dog rabies vaccination Not set by county
Duplicate tag $1
Penalty exceptions $3
Penalty for late registration $3
Transfer of ownership $1
Impound fees
All other animals $15
Dogs $25
Small animal trap $25
Tick dip $5
PAGE 18 OF 20
(Ord. 85-04-002, passed - -; Ord. 86-09-005, passed - -; Res. 90-09-023, passed - -)
IMPOUNDMENT
96.50 SCOPE.
The provisions of this subchapter shall apply to the impoundment of any and all animals, except dogs. The
provisions of §§ 96.20 through 96.36 apply to the impoundment of dogs.
(1996 Code, § 6.12.010)
96.51 POUNDMASTER.
(A) The Police Chief is constituted Poundmaster for the town.
(13) The Poundmaster shall have the right, subject to the approval of the Council, to appoint deputy Poundmasters
as he or she may deem necessary for the proper carrying on and performance of the work and duties of the
Poundmaster, and any deputy so appointed is empowered to perform any of the duties of the Poundmaster set
forth in this subchapter.
(1996 Code, § 6.12.020)
96.52 IMPOUNDING OF ANIMALS AT LARGE.
It shall be the duty of the Poundmaster and deputies to impound all animals found at large, or not under the
charge, care or control of some person in the streets, alleys or other public places or vacant or unenclosed lots in
the town.
(1996 Code, § 6.12.030)
96.53 NOTICE TO OWNERS OF IMPOUNDMENT.
If the owner of any impounded animal shall be known to the Poundrnaster and shall reside or have a known place
of business in the town, the Poundmaster shall notify the owner of the animal personally or by letter through the
post office within 24 hours after the animal has been taken up and impounded. The notice shall contain a
description of the animal and shall state that unless reclaimed, the animal will be sold at public auction to the
highest bidder at the time and place specified in the notice. Copies of the notice shall be posted at the place of
impoundment and at the town hall.
(1996 Code, § 6.12.040)
96.54 REPORT OF IMPOUNDED ANIMALS.
The Poundmaster shall, within 24 hours after taking up and impounding any animal make a report to the Clerk
stating the kind of animal and describing it by color, marks or brands or otherwise and when the animal was taken
up and impounded.
(1996 Code, § 6.12.050)
96.55 CONDITIONS AND DURATION OF IMPOUNDMENT.
The Poundmaster shall keep all animals taken up and impounded by him or her or his or her deputies in a safe,
convenient and comfortable place within or conveniently near the town limits and shall feed the animals at least
once every 24 hours and treat them in a humane manner during the time they are impounded. The duration of
impoundment shall not be less than five days, unless sooner claimed by the owner.
(1996 Code, § 6.12.060)
96.56 REDEMPTION OF IMPOUNDED ANIMALS.
if the owner of any animal shall, within five days after the animal has been taken up and impounded, apply to the
Poundmaster and pay the fees and charges provided by this chapter, the Poundmaster shall deliver any animal to
the owner.
(1996 Code, § 6.12.070)
PAGE 19 OF 20
96.57 SALE OF UNREDEEMED ANIMALS.
All animals, taken up and impounded under the provisions of this chapter which have not been claimed and for
which the fees and charges have not been paid to the Poundmaster by the owner within five days, shall at the time
provided in the notice of sale be sold by the Poundmaster at public auction at the place of impoundment to the
highest cash bidder. The Poundmaster shall immediately pay to the Clerk the proceeds of the sale of any animal,
which proceeds, after deducting therefrom the fees and charges, shall be paid to the owner of the animal if he or
she appears and claims the same within 30 days after the sale, and if not, then the proceeds shall be paid into the
General Fund of the town. The Poundmaster shall execute a bill of sale over his or her official signature in favor of
the purchaser of the animal and upon payment of the amount bid shall deliver the bill of sale to the purchaser.
(1996 Code, § 6.12.080)
96.58 IMPOUNDING FEES.
The Poundmaster shall collect from the owner of animals taken up and impounded and duly claimed by the owner,
before delivering any animals, a sum of $10 for every animal so taken up, and additionally a sum of $1 for the care,
watering and feeding of any impounded animal. All fees collected shall be transmitted by the Poundmaster to the
Clerk who shall deposit the fees into the General Fund of the town.
(1996 Code, § 6.12.090)
96.59 IMPEDING POUNDMASTER.
It is unlawful for any person to, in any manner, intervene, impede, prevent, obstruct or intimidate the
Poundmaster or any of the deputies in the discharge of their duties in taking up or attempting to take up and
impound any and all animals which it shall be their duty to impound under the provisions of this title, or who shall
rescue or attempt to rescue any animal so taken up or to release any animal so impounded.
(1996 Code, § 6.12.100) Penalty, see § 96.99
96.99 PENALTY.
Any person who fails to comply with the requirements of this chapter, 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 months, or fined a
maximum of $750, or both.
(1996 Code, § 6.08.150) (Ord. 85-04-002, passed - -)
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