TEMPE.PDF

INTERGOVERNMENTAL
AGREEMENT
FISCAL YEAR 2017-2018
AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES
BETWEEN
Maricopa County
And
The City of Tempe
Contract No.
C2017-177
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AGREEMENT FOR BASIC ANIMAL CONTROL SERVICES
This Intergovernmental Agreement, ("Agreement"), is entered into by and between Maricopa County,
administered through Maricopa County Animal Care and Control, ("COUNTY") and the City of Tempe,
("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 Tempe 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:
After-hours operations: refers to the hours of 10 p.m. to 8 a.m. seven days a week and all County Observed
Holidays.
Aggressive Dog: any dog that has bitten a person or domestic animal without provocation or that has a known
history of attacking persons or domestic animals without provocation.
Animal: refers generally to dogs, but may also include cats that have bitten a human.
Animal Control Ordinance: Maricopa County Animal Control Ordinance and the Tempe City Code Chapter
6:Aniamls Div. 1, Sec. 6-1,6-23,6-26,6-28,6-29,6- 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 A.
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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. Restricted access available to police and fire needing assistance with priority 1 and 2
activities. Not intended for general public access. Communication police line is direct service dispatcher to
dispatcher.
Priority 1 Dispatch: Request for service from the police or fire departments or calls from the public
involving a bite animal at-large.
Priority 2 Dispatch: Request for service involving an animal at-large on school property while school is in
session; aggressive dogs or injured or sick stray dogs in imminent harm. May include lower level calls for
service that require immediate attention based on the situation.
Priority 3 Dispatch:- Request for service to impound stray dogs and to quarantine and investigate dog and
cat bites to human; confined stray at business or private home; citizen request contact with officer to
provide information on stray dog issue.
Priority 4 Dispatch: Request for service to enforce license or leash laws. The location of the dog and dog
owner is known and a violation witnessed and reported for investigation of leash law.
Response Time: The time within which the County will respond to a call for service which varies based
on the time of the call and the priority assigned to the call.
Stray dogs: Means any dog three months of age or older running at large that is not wearing a valid license
tag.
2. Term:
The term of this Agreement is from July 1, 2017 through June 30, 2018 ("Initial Term"). This Agreement is
effective upon full execution of the Parties,
3. Renewal:
This Agreement may be renewed for up to two successive two-year terms by the mutual agreement of the
Parties, subject to availability and appropriation of funds for renewal. Any extension, modification or
amendment to this Agreement shall be approved by both Parties in writing.
4. Amendment:
This Agreement supersedes all previous Agreements between the Parties concerning animal control services.
Nothing in this Agreement may be modified or waived except by prior written amendment, duly executed by
both Parties.
5. Termination:
Either party may, with or without cause, terminate this Agreement by giving the other Party sixty (60) days prior
written notice of such termination. Upon termination of this Agreement, all property used in performing services
under this Agreement shall be returned promptly to the Party owning or having the right to possess the same,
6. Insurance:
The Parties agree to secure and maintain sufficient insurance coverage for any and all risks that may arise out
of the terms, obligations, operations, and actions as set forth in this Agreement, including but not limited to
public entity insurance, The acquisition of insurance or the maintenance and operation of a self-insurance
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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 sixty (60) calendar days
notice to the other Party. Notice shall be given as provided in section 16 (E).
8. Default:
In the event of non-payment by CITY this Contract shall be terminated and COUNTY obligations hereunder
shall immediately cease.
9. County Reporting Obligations:
COUNTY shall provide CITY with quarterly routine statistical and/or management reports which provided
the following information: the number of calls, the date and time the call was received, incident address or
area, descriptor (stray/dangerous), and disposition of the call concerning the services provided pursuant
to this Agreement.
10. Amendments to Ordinances:
By this Agreement, the County has agreed to provide enforcement of the Animal Control Ordinances. If
the City changes its Ordinance, the County may at its option, decline to enforce the changes to the Animal
Control Ordinance or enter into a written amendment adding enforcement of such changes which may
include modification of service and additional payment terms
11. Conflict of Interest:
Pursuant to the provisions of A.R.S. § 38-511, either Party may cancel the Agreement, without penalty or
obligation, if any person significantly involved in initiating, negotiating, securing, drafting, or creating the
Agreement on behalf of that Party is at any time while the Agreement or any extension thereof is in effect an
employee of any other Party to the Agreement in any City to any other Party to the Agreement with respect to
the subject matter of the Agreement.
12. Indemnification:
To the extent permitted by law, the COUNTY and the Department does hereby covenant and agree to
indemnify, defend and hold harmless the CITY, its officers, employees, contractees and agents from and
against any and all suits, actions, legal or administrative proceedings, claims, demands or damages of any
kind or nature relating to this Agreement which are the result of any act or omission of the COUNTY and
the Department, its officers, employees, contractees, agents and anyone acting under its direction or
control, whether intentional or negligent, in connection with or incident to this Agreement.
To the extent permitted by law, the CITY does hereby covenant and agree to indemnify, defend and hold
harmless the COUNTY its officers, employees, contractees and agents from and against any and all suits,
actions, legal or administrative proceedings, claims, demands or damages of any kind or nature relating to
this Agreement which are the result of any act or omission of the CITY, its officers, employees, agents and
anyone acting under its direction or control, whether intentional or negligent, in connection with or incident
to this Agreement.
13. Services:
The COUNTY agrees to provide the animal control services described in Appendix B.
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14. Payment for Services:
The CITY agrees to pay the COUNTY for services performed under this Agreement in accordance with
Appendix A of this Agreement as may be amended. COUNTY will submit an invoice quarterly for Services
to be provided. The CITY will submit payment to COUNTY within 30 days of receiving of a correct invoice
for the initial term of this agreement; the City agrees to pay the County $175,000. 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 Tempe:
City of Tempe Police Department
120 E. 5th Street
ATTN: Miyoung Kim
Tempe, Arizona 85281
Copy to:
(fill in)
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,
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H. Each Party shall comply with all applicable laws, ordinances, Executive Orders, rules,
regulations, standards, and codes of the Federal and State whether or not specifically
referenced herein.
The 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 TEMPE
By: By:
Chairman ark`VV. Mitchell, Mayor
August 17, 2017
Attest: Attest:
Clerk of the Board
This Agreement has been reviewed pursuant to A.R.S. § 11-952 et. seq. by the undersigned attorney, who
has determined that it is in proper form and is within the power and authority granted under the laws of the
State of Arizona.
By: By:
Attorney for Board of Supervisors ejr
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APPENDIX A
COMPENSATION SCHEDULE ANIMAL CONTROL SERVICES
1. COUNTY Service Level:Basic
2. Service Cost
Fiscal year 2017 -2018: $175,000 full cost recovery
Fiscal year 2018-2019: An amount to be determined pursuant to Section 14 of this
Agreement.
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APPENDIX B
SERVICES
1. The COUNTY shall be responsible for and enforce rabies/animal control all provisions in the Tempe City
Code Chapter 6:Aniaml, Div. 1, Sec. 6-1,6-23,6-26,6-28,6-29,6-30, within the geographic boundaries of
Tempe 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 6 p.m. until
the commencement of the next Ordinary Operations period. Response times for such calls will be 5
and 5 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 Tempe.
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APPENDIX C— HOURS OF OPERATION
The facilities and locations specified below and will be available during the hours of operation indicated.
Services DAYS & HOURS Telephone no.
OF OPERATION
Regular Ope?-ation Hours: Open to the General Monday — Sunday
Public. Call Center Hours taking calls. 8:00 a.m. to (602)506-7387(public)
5:00 p.m. except Government Official non-
Christmas, New published line:
Year's Day and (602)506-1309
Thanksgiving
Monday — Sunday Police & Fire non-
Limited Operation Hours Police and Fire Only: 5:00 p.m. to published back line:
Priori0 calls 1, 2, &3. 10:00 p.m. Every day (602)506-1309 (not public)
of the year including Police Emergency Only
holidays
Police & Fire non-
After hours Operations: Police and Fire Only: Monday-Sunday 10:00 published back line:
Priorio 1, imminent danger to human. Bite dog at large, p.m. to 8:00 a.m. every (602)506-1309
Police Officer Bite, Public safety matter that may result in day of the year (not published) Police
dispatching a dog to protect the public including all holidays. Emergency Only
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APPENDIX D —County Observed Holidays include the following marked day for Call:
El New Year's Day El Washington's II] Memorial Day D Rosh LI Veteran's Day
birthday Hashanah
fl Martin Luther King LI President's Day • Independence Day 111 Yom Kippur El Thanksgiving Day
JR's Birthday
El Lincoln's birthday LI Good Friday D Labor Day ri Columbus IF] Christmas Day
Day
OTHER
HOLIDAYS:
El Day After LI Floating Holiday — 111 Day Before El LI
Thanksgiving Christmas
(specify) (specify)
LI Cesar Chavez Birthday
• Officers work every day of the year. Enforcement services operate every day of the year.
Reduced service is noted on the 3 holidays listed above. The call center is closed to the public,
The dispatch police back line is open to law enforcement every day of the year. Field officer
response is limited to priority 1 calls on the three major holidays listed.
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APPENDIX E
City of Tempe
Chapter 6 ANIMALS
Art. I. In General, §§
Art. II. Dogs, Cats, Etc., §§ 6-21-6-48
Div. 1. Generally, §§ 6-21-6-45
Div. 2. Impoundment, §§ 6-46-6-53
ARTICLE I. IN GENERAL
Sec. 6-1. Running at large.
No person who is the owner of, or is in charge of or control of, or has the custody of, any livestock or fowl of any
kind or nature shall negligently, willfully or intentionally permit or allow the same to run at large within the city.
(Code 1967, § 6-1)
State law reference—Authority of city to regulate the roaming at large of animals, A.E1.S. §9-240(B)(16A).
Sec. 6 -2, Burial of dead animals.
Every person in whose possession any animal shall die shall bury the same at least four (4) feet underground,
except cats, dogs or fowl, which shall be buried two (2) feet underground, either upon his own premises, in a city-
approved burial place for dead animals, or outside the city.
(Code 1967, § 6-3)
ARTICLE II. DOGS, CATS, ETC,
DIVISION 1. GENERALLY
Sec. 6-21. Definitions,
As used in this article, unless the context otherwise requires, the following words and phrases shall have the
meanings ascribed in this section:
Abandoned animal means any animal that has been found or provided to the police department, whether the
owner is known or unknown, that is not the subject of a prosecution for animal cruelty.
Animal means any animal of a species that is susceptible to rabies, except man.
At large means on or off the premises of the owner and not under control of the owner or other persons acting for
the owner. Any dog in a suitable enclosure which actually confines the dog shall not be considered to be
running at large.
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 agent 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 official
duties.
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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 three (3) months of age or older running at large which is not wearing a valid license tag.
Vaccination means the administration of an antirabies 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 that (a) has a propensity to bite without provocation; (b) has killed or inflicted
injury on a human being on public or private property; or (c) has killed a domestic animal without
provocation while the animal was off the owner's property. A determination that an animal is a vicious
animal under this chapter may be declared only after a hearing before a justice of the peace or a city
magistrate. This definition does not apply to a police animal under the command of its trainer.
(Code 1967, § 6-7; Ord. No. 87.38, 8-27-87; Ord. No, 97.21, 5-8-97; Ord. No. 92014.08, 1-23-14)
State law reference—Similar provisions, A.R.S. § 11-1001.
Sec. 6 -22. Violations; penalty.
(a) Any person violating § 6-31 of this code is guilty of a civil offense and subject to a civil sanction not to exceed
five hundred dollars ($500).
(b) Any person violating any provision of this chapter, except § 6-31, is guilty of a misdemeanor, punishable
pursuant to § 1-7 of this code.
(Ord. No. 412.7, 8-16-84; Ord. No. 92.45, 11-12-92)
Sec. 6 -23. Powers, duties of enforcement agent.
(a) The enforcement agent shall have the powers and duties to:
(1) Enforce the provisions of this article and the regulations promulgated under this article.
(2) Issue citations for the violation of the provisions of this article and the regulations promulgated under
this article. The procedure for the issuance of notices to appear shall be as provided for peace officers in
Arizona Revised Statutes, § 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 the 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 or 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 of citations pursuant to this section shall be subject to the provision of Arizona Revised Statutes,
§ 13-3899.
(c) The enforcement agent may designate deputies,
(Code 1967, § 6-8)
State law reference—Similar provisions, A.R.S. § 11-1007.
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Sec. 6-24. Rabies control fund.
(a) The enforcement agent or his authorized representative shall place the monies collected by him under the
provisions of this article in a special fund to be known as the rabies control fund to be used for the enforcement of
the provisions of this article and the regulations promulgated under this article.
(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.
(Code 1967, § 6-12)
State law reference—Similar provisions, A.R.S. § 11-1011.
Sec, 6-25, Interference with enforcement agent.
It is unlawful for any person to interfere with the enforcement agent in the performance of his duties.
(Code 1967, § 6-16)
State law reference—Similar provisions, A.R.S. § 11-1015.
Sec. 6-26. Biting animals; 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 (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 (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 his deputies
for transmission to an appropriate diagnostic laboratory.
(d) Whenever an animal bites any person, the incident shall be reported to the county 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; or
(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) It is unlawful to have custody of, own or possess an animal declared to be vicious under this chapter unless it is
restrained, confined or muzzled so that it cannot bite, attack or cause injury to any person or domestic animal.
(h) 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.
(Code 1967, § 6-15; Ord. No. 97.21, 5-8-97)
State law reference—Animal bites, A.R.S. § 11-1014.
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Sec. 6-27. 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.
(Code 1967, § 6-18)
State law reference—Similar provisions, A.R.S. § 11-1017.
Sec. 6-28. Dog licensing procedure; fees, penalty; dog tags.
(a) The city council 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 city for at least thirty (30) consecutive days of
each calendar year. License fees shall become payable at the discretion of city council (See Appendix A). 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 dollars ($4) 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 less than 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
the 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 a fee to the enforcement agent.
(c) License fees may be lower for dogs permanently incapable of procreation. An applicant for a license for a dog
claimed to be incapable of procreation shall furnish adequate proof satisfactory to the enforcement agent that
such dog has been surgically altered to be permanently incapable of procreation.
(d) Any person who 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 misdemeanor.
(Code 1967, § 6-9)
State law reference—Similar provisions, A,R.S. § 11-1008.
Sec. 6-29. Antirabies vaccination.
(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 under this article.
(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 under this article.
(c) The enforcement agent shall make provisions for vaccination clinics as deemed necessary. The vaccination
shall be performed by a veterinarian.
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(Code 1967, § 6-11)
State law reference—Similar provisions A.R.S. § 11-1010.
Sec. 6-30. Dogs at large; wearing license tags.
(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 unrestrained on the public streets, public parks or public property, then such dog's owner or
custodian is in violation of this chapter. Dogs will, however, be permitted to be unleashed within areas of public
parks as may be designated "off-leash areas" by the community services director.
(d) Any person whose dog is at large is in violation of this chapter. A dog is not at large if:
(1) Said dog is restrained by a leash, chain, rope, or cord of not more than six (6) feet in length and of
sufficient strength to control the actions of said dog;
(2) 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 state racing commission; or
(3) While the dog is actively engaged in dog obedience training, accompanied by and under the control of
his owner or trainer, provided that the person training said dog has in his possession a dog leash of 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.
(e) Any dog at large shall be apprehended and impounded by an enforcement agent.
(f) The enforcement agent shall have the right to enter upon private property when it is necessary to do so in
order to apprehend any dog that has been running at large. Such entrance upon private property shall be in
reasonable pursuit of such dog(s), and shall not include entry into a domicile or enclosure which confines a dog
unless it be at the invitation of the occupant.
(g) 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 Arizona Revised Statutes, §
13-3903, except the enforcement agent shall not make an arrest before issuing the notice. The issuance of
citations pursuant to this section shall be subject to the provisions of Arizona Revised Statutes, § 13-3899,
(h) In the judgment of the enforcement agent if any dog at large or any other animal that is dangerous or fierce
and a threat to human safety that cannot be safely impounded, it may be slain; provided, however, the
enforcement agent shall have satisfactorily completed an approved course on the use of weapons and firearms
and shall have been so certified by the firearms instructor for the Phoenix Police Department Regional Academy,
county sheriff or the National Rifle Association. Additionally, immediately upon slaying any animal, the
enforcement agent shall prepare a detailed incident report of the shooting, which report shall be available to the
general public.
(Code 1967, § 6- 13; Ord. No, 412, § 8, 9-12-85; Ord. No. 96.07, 4-25-96; Ord. No, 2001.17,
7-26-01; Ord. No. 2006.25, 4-6-06; Ord. No. 2010.02, 2-4-10)
State law reference—Dogs at large, A.R.S. § 11-1012.
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