2020.08.19 IGA WITH TOWN OF GILA BEND.PDF

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Gila Bend

INTERGOVERNMENTAL
AGREEMENT

JULY 1, 2020 THROUGH JUNE 30, 2021

AGREEMENT FOR ANIMAL CONTROL SERVICES

BETWEEN
Maricopa County
And

The Town of Gila Bend

AGREEMENT FOR ANIMAL CONTROL SERVICES

This Intergovernmental Agreement, (“Agreement”), is entered into by and between Maricopa County,
administered through its Maricopa County Animal Care and Control Department (“Department”),
(collectively, “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, and 11-
1007.

The TOWN is authorized to enter into this Agreement pursuant to A.R.S. § 11-952.

The TOWN is in need of animal control services and desires to enter into this Agreement with the COUNTY
to appoint the COUNTY as the statutory Enforcement Agent for the TOWN in order to administer Basic
Animal Control Services.

The TOWN and COUNTY desire to enter into this Agreement to establish the Parties’ rights and
responsibilities with respect to Basic Animal Control 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:

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 At-Large: A dog that is not contained by an enclosure or physically restrained by a leash.

Animal Control Ordinance: Gila Bend Town Code Article 6.08 Dogs; Sec. 35, 106, 56, 60 attached hereto
as Appendix E.

Basic Animal Control Services: Includes the following services performed within the response periods
prescribed in Appendix B:

a. control or impound of Animals (dogs) At-Large;

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.

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Gila Bend

Bite Animal At-Large: A dog or cat that has bitten a human.
County Observed Holidays: Holidays identified in Appendix D.

Enforcement Agent: As defined at A.R.S. § 11-1001 (4), the person in each county who is responsible for
the enforcement of the animal control statutes and any rules adopted pursuant to those statutes.

Limited Operation Hours: Refers to the hours of 5 p.m. to 10 p.m. seven (7) 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.

Normal Hours of Operation: Refers to the hours of 8 a.m. to 5 p.m. seven days a week except County
Observed Holidays.

Priority 1 Dispatch: Request for service from the police or fire departments or calls from the public
involving a Bite Animal At-Large.

Priority 2 Dispatch: Request for service involving an Animal At-Large on school property while school
is in session, Aggressive Dogs, or injured or sick Stray Dogs in imminent harm. 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 humans; 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.

Third Party: A person or group, not under contract with the County or other municipality, that receives,
traps, picks up, and/or confines for any period of time, Animals from another. For example, veterinarians
and citizen groups who receive Animals from others are Third Parties under this Agreement. Businesses
contracted by government jurisdictions to provide animal control services are not Third Parties under this
Agreement.

2. Term:

The term of this Agreement is from July 1, 2020 through June 30, 2021 (“Initial Term”). This Agreement is
effective upon full execution of the Parties.

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Gila Bend

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 Basic Animal Control
Services. Nothing in this Agreement may be modified or waived except by prior written amendment, duly
executed by authorized signers for Parties.

5. Termination:

Either Party may, with or without cause, terminate this Agreement by giving the other Party sixty (60) days’
prior written notice of such termination. Upon termination of this Agreement, all property used in performing
services under this Agreement shall be returned promptly to the Party owning or having the right to possess the
same.

6. Insurance:

The Parties agree to secure and maintain sufficient insurance coverage for any and all risks that may arise out
of the terms, obligations, operations, and actions as set forth in this Agreement, including but not limited to
public entity insurance. The acquisition of insurance or the maintenance and operation of a self-insurance
program may fulfill the insurance requirement.

7. Record Keeping and Audits:

The Parties agree to maintain and furnish to each other such records and documents pertaining to the services
provided pursuant to this Agreement as may be required by this Agreement and any applicable Federal and
State laws, rules and regulations. Each Party, prior to conducting an audit, must give sixty (60) calendar days’
notice to the other Party. Notice shall be given as provided in section 15 (E).

8. Default:

In the event of non-payment by the TOWN, this Contract shall be terminated as of the date of delinquency and
the COUNTY obligations hereunder shall immediately cease.

9. County Reporting Obligations:

The COUNTY shall provide the TOWN with quarterly routine statistical and/or management reports which
provide 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 as
the TOWN’s Enforcement Agent. 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.

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Gila Bend

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 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 in Appendix B.
14. Payment for Services:

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. The COUNTY will submit an invoice quarterly for
Services to be provided. The TOWN will submit payment to COUNTY within thirty (30) days of receiving
a correct invoice. For the initial term of this Agreement, the TOWN agrees to pay the COUNTY $7,739.
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, 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,
and acts of war, epidemics, and governmental regulations imposed after the fact, fire,
communication line failures or power failures.

B. This Agreement contains all the terms and conditions agreed to by the Parties. No other
understanding, oral or otherwise, regarding the subject matter of this Agreement shall be deemed
to exist or to bind any of the Parties hereto.

C. Nothing in this Agreement shall be construed as consent to any suit or waiver of any defense in
a suit brought against the COUNTY or the TOWN in any State or Federal Court.

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Gila Bend

D.

The COUNTY and TOWN warrant they are in compliance with the provisions in A.R.S. § 41-
4401 (e-verify).

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" Avenue

Phoenix, AZ 85009

Town of Gila Bend:
644 W Pima Street
Box A

Gila Bend, AZ 85337

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.

This Agreement shall be construed in accordance with the laws of the State of Arizona.

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 persons 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 GILA BEND
By: By:

Chairman of the Board Mayor iw

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Gila Bend

Attest: Attest:

Clerk of the Board Town Clerk ‘ 5

In accordance with A.R.S. §§ 11-201, 11-251, and 11-952, undersigned counsel has reviewed the foregoing
Agreement and have determined that said Agreement is in proper form and within the powers and authority
granted to the public body represented by their respective attorneys.

By: By:
Attorney for Board of Supervisors Town Atom!
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Gila Bend

APPENDIX A

COMPENSATION SCHEDULE FOR
ANIMAL CONTROL SERVICES

1, COUNTY Service Level: Basic
2. Service Cost for Initial Term: $7,739
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Gila Bend

APPENDIX B
SERVICES
1. The COUNTY, as the appointed Enforcement Agent, shall be responsible for and enforce the
Animal Control Ordinance for the TOWN. See Appendix E.

2. Minimum Staffing: Staffing will be sufficient to respond to approximately ninety percent
(90%) of service requests within the time frame prescribed below

3. Response Times: The COUNTY will respond during Normal Hours of Operation.
COUNTY staff will arrive at the scene of a reported service request within the time prescribed below based
on the service classification:

Priority 1 1 hour
Priority 2 2 hours
Priority 3 48 hours
Priority 4 72 hours

**See Appendix C for call for service types by priority.

4, Response Time during Limited Operations Hours: The COUNTY will only act on Priority 1 and
2 calls for service during Limited Operation Hours and only when the requesting police agency agrees to
remain on scene for the duration of the time needed to handle the call for service. The COUNTY will not
respond to priority 3 or 4 calls for service after 3pm until the commencement of the next Normal Hours of
Operation. The response time for Limited Operations Hours will be two (2) hours maximum. The response
time could be longer should a higher priority call for service be received. The choice to respond to higher
priority calls is at the discretion of the COUNTY.

5. The COUNTY shall not respond to scenes involving owned animals being seized or impounded as
a part of a police function related to neglect, abuse, abandonment, arrests, crime scene investigations, fire
scenes, or any situation where the law enforcement officer has seized an owned animal. The COUNTY will
not respond to citizen response requests for abuse, neglect, or cruelty of animals.

6. Law enforcement agencies needing assistance in accordance with this IGA can call the COUNTY
Field Dispatch non-public phone line (602-506-1309) to request general assistance during Normal Hours
of Operation and after Spm for Priority 1 or 2 calls. The decision to respond is based on the information
provided to staff at the time of the request. The COUNTY reserves the right to respond to non-emergency
requests at the beginning of the next Normal Hours of Operation.

7. While the COUNTY is closed for business on all County Observed Holidays, the COUNTY
reserves the right to provide limited response times from 8am to 10 pm on County observed holidays.

8. The COUNTY shall provide lost and found service from 8am to 5pm seven (7) days per week to
allow for citizens to report found and lost dogs. This service will not be provided during the holiday
coverage prescribed in Paragraph 7.

9. The COUNTY shall provide call center services during Normal Hours of Operation and 24-hour
online services for citizens to report animal control issues, conduct licensing transactions, and ask general

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Gila Bend

animal control questions. Call center services will not be provided during the holidays prescribed in
Paragraph 7.

10. The COUNTY at its discretion may deny the pickup of dogs from Third Parties.

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Gila Bend

APPENDIX C

PRIORITY CLASSIFICATIONS

Priorky 1 Priority 2 Priority 3 Priosity 4 Priority O - Other
hour of fess 2hours 48 hours T2 hours 24 hours of by appolntinent

Officer needs Mengeling animal | Ga duty municipal [ Area cheek no Vicious animal Marcopa County
assistance at Large imminent | employees, nut aggression petitae Constables or
palicefirelanimat Ssefety hazard LEO Public Fiductary
contrat officer
Officer on scene
aggressive animat
Animal bite Animal in trap Trap check'Trap Leash Law Coun appearance | Kennel permit
ftunning ef farge / Pick up o! delivery inspections
imminent safety
hazard within tast
hour
Animal atlarge en | Sick er injured Confined stray cog Animal ble Canvessing
school grounds stray at business or inveetigations
(sthoal & session) hame foflow up secand
does not inchede Sequence
coleges:
Attack which has | Officer needs AMack, older than 3 Barking dag Public Information
taken piece inthe | assistance hours Booth
last owt dep still | pabcettetaninat
at large ent contol officer
possess: Dtficer net en
immediate tineat | scene non

aggressive anima’

Attack within the — | Dop confined on Keerel Perit

tnet S hours doy sthoo! grounds

sth et lege

Animal bite Wil ghey Adenin duties:

inveatigetion{not at

large}

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Gila Bend

e

APPENDIX D
COUNTY OBSERVED HOLIDAYS

New Year’s Day
Martin Luther King
Presidents Day
Memorial Day
Veterans Day
Independence Day
Thanksgiving Day
Day after Thanksgiving
Christmas Day

Officers work every day of the year. Enforcement services operate every day of the year.
Reduced service is noted on the 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 major holidays listed.

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Gila Bend

APPENDIX E

Town of Gila Bend
Chapter 6.08
DOG CONTROL AND RABIES CONTROL REGULATIONS
Sections:

6.08.010 Definitions

6.08.020 Powers and duties of the state veterinarian and the livestock board
6.08.030 Powers and duties of the state department of health services
6.08.040 Powers and duties of enforcement agent

6.08.050 License fees for dogs; Issuance of dog tags: Penalties

6.08.060 Kennel permit: Fee; Violation; Penalty

6.08.070  Anti-rabies vaccination; Vaccination and license stations
6.08.080 Rabies control fund

6.08.090 — Dogs not permitted at large

6.08.100 Establishment of pounds; Impounding and disposing of dogs and cats; Reclaiming
impounded dogs and cats; Pound fees.

6.08.110 Handling of biting animal; Responsibility for reporting animal bites; Authority to
destroy animals.

6.08.120 Unlawful interference with enforcement agent

6.08.130 | Removing impounded animals.

6.08.140 Unlawful keeping of dogs,

6.08.150 Violation; Penalty,

6.08.160 Dog; Liability,

6.08.170 Proper care, maintenance and destruction of impounded animals.

6.08.010 Definitions

As used in this chapter:

1, “Animal” means any animal of a species that is susceptible to rabies, except man.

2. “At large” means on or off premises of the 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.

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Gila Bend

3. “Enforcement agent” means that person in each county who is responsible for the enforcement of
this article and the regulations promulgated thereunder.

4, “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.

5. “Department” means the state Department of Health Services.

6. “Impound” means the act 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 chapter.

7. “Kennel” means the act of an enclosed, controlled area, inaccessible to other animals, in which
a person keeps, harbors or maintains five or more dogs under controlled conditions.

8. “Livestock” means meat animals, horses, sheep, goats, swine, mules and asses.

9. “Owner” means any person keeping an animal other than livestock for more than six consecutive
days.

10. “Rabies quarantine area” means any area in which a state of emergency had been declared to
exist due to the occurrence of rabies in animals in or adjacent to this area.

11. “Rabies vaccination certificate” means a method or recording and duplication rabies information
that is in compliance with the county enforcement agent’s licensing system and/or county
enforcement agent’s prescribed forms.

12. “Stray dog” means any dog four months or older running at large that is not wearing a valid
license tag.

13. “Vaccination” means the administration of an anti-rabies vaccine to animal by a veterinarian or
in authorized pounds by employees trained by a veterinarian.

14. “Veterinarian” unless otherwise indicated, means any veterinarian licensed to practice in this
state or any veterinarian employed in this state by a governmental agency.

15. “Veterinary hospital” means any establishment operated by a veterinarian licensed to practice
in this state that provides clinical facilities and houses animals of 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.

16. “Vicious animal” means 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. (Ord. 87-07-005 1: Ord 87-07-004 1: Ord. 85-

04-002 1 (part): prior code 6-3-1)

6.08.020 Powers and duties of the state veterinarian and livestock board.
A. The state veterinarian shall designate the type or types of anti-rabies vaccines that may be
used for vaccination of animals, the period of time between vaccination and revaccination and the

dosage and method of administration of the vaccine.

B. The Arizona Livestock Board shall regulate the handling and disposition of animals classed as
livestock that have been bitten by a rabid or suspected rabid animal or are showing symptoms

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suggestive of rabies. (Ord. 85-04-002 1 (part): prior code 6-3-2)
6.08.030 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 then livestock that have been bitten by a rabid or suspected rabid animal or are showing
symptoms suggestive of rabies.

B. The State Department of Health Services may require the enforcement agent to submit a record of
all dog licenses issued and, in addition, any information deemed necessary to aid in the control of
rabies. (Ord. 85-04-002 1 (part): prior code 6-3-3)

6.08.040 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 theenforcement 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 as emergency program for the control of rabies within the area. Any regulations

restricting or involving movements of livestock 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 issuances of citations pursuant to the this section shall be subject to the provision or

A.RS. Section 13-3899,

C. The enforcement agent may designate deputies. (Ord. 85-04-002 1 (part); prior code 6-3-4)

6.08.050 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

thirty (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 ninety

(90) days. A penalty not to exceed three dollars ($3.00) shall be added to the license fee in the
event that application is made subsequent to the 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 then 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 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 dower 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

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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.
(Ord. 85-04-002 1 (part): prior code 6-3-5)

6.08.060 Kennel permit; Fee; Violation Penalty.

A. A person operation 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 be resolution of the
town council.

C. A dog remaining within the kennel permit is not required to be licensed individually under ARS
Section 24-367. A dog leaving the controlled kennel conditions shall be licensed under ARS Section
24-367, except if the dog is only being transported to another kennel which has a permit issued
under this section.

D. A person who fails to obtain a kennel permit under this section is subject to a penalty of 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 thirty (30) days after written notification form the county
enforcement agent to obtain a kennel permit is guilty of a class 2 misdemeanor, (Ord. 98-17 1
(part); Ord. 85-04-002 1 (part))

6.08.070 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 vaccine used and the date of revaccination
is due. A duplicate of each rabies vacation certificate issued shall be transmitted to the

enforcement agent on or before the tenth day of the month following the month during which the dog
was vaccinated. No dog shall be licensed unless it is vaccinated in accordance with the provisions

of this article and the regulations promulgated thereunder.

B. A dog g 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 of a veterinarian employed by a

government 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 conformity with the provisions of this article and the regulations promulgated
thereunder.

C. The enforcement agent shall make provisions for vaccination clinics as deemed necessary. The
vaccination shall be preformed by a veterinarian. (Ord. 85-04-002 1 (paet0 : prior code 6-3-6)

6.08.080 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
thereunder.

B. Any unencumbered balance remaining in the rabies control fund at the end of a fiscal year shall
be carried over into the following fiscal year. (Ord. 85-04-002 1 (part): prior code 6-3-7)

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6.08.090 Dogs 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. 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 on a leash 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 of harness to which is
attached a valid license tag. Dogs used for control of livestock of 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 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 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, 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. 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.

2. The agent may issue a citation(s) to the dog owner or person acting for the owner where the dog
at large. The procedure for the issuance of notice to appear shall be as provided for peace

officers in ARS Section 13-3903, except the enforcement agent shall not make an arrest before
issuing the notice. The issuance of citations pursuant to the article shall be subject to

provisions of ARS Section 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.(Ord. 85-04-002
1 (part): prior code 6- 3-8)

6.08.100 _ Establishment of pound; Impounding and disposing of dogs and cats; Reclaiming
impounded dog and cats; Pound fees.

A. Any stray dog shall be impounded. All dogs and cats impounded shall be given proper care and
maintenance.

B. Each stray dog or any cat impounded shall be kept and maintained at the pound for a minimum of
seventy-two (72) hours unless claimed by its owner. Any person may purchase such a dog or cat upon
expiration of the impoundment period, provided such person pays all pound fees and complies with
the licensing and vaccinating provisions of this article. If the dog or cat is not claimed within

the impoundment period, the enforcement agent shall take possession and may place the dog or cat
for sale or may dispose of the dog or cat or cat in a humane manner. If such dog or cat is to be

used for medical research, no license or vaccination shall be required. The enforcement agent may
destroy impounded, sick or injured dogs or cats whenever such destruction is necessary to prevent
such dog or cat from suffering or to prevent the spread of disease.

C. Any impounded licensed dog or any cat may be reclaimed by its owner or such owner’s agent,
provided that the person reclaiming the dog or cat furnishes proof of the right to do so and pays

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all pound fees. If the dog or cat is not reclaimed within the impoundment period, the enforcement
agent shall take possession and may place the dog or cat for sale or may dispose of the dog or cat

in a humane manner. Any person purchasing such dog or cat shall pay all pound fees. (Ord. 85-04-002
1 (part): prior code 6-3-9)

6.08.110 Handling of biting animals; Responsibility for reporting animal bites; Authority to
destroy animals.

A. An unlicensed or unvaccinated dog or cat that bites any person shall be confined and quarantined
in an authorized pound or, upon request of and at the expense of the owner, at a veterinary

hospital for a period of not less then seven 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
where it is harbored or maintained with the consent of and in a manner prescribed by the
enforcement agent.

B. Any animal other then 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 then fourteen (14) days, provided that livestock shall be confined and
quarantined for the fourteen (14) day period in a manner regulated by the Arizona livestock board.
If the animal is 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 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 clinical signs of rabies.
2. The owner of such animal consents to its destruction.

F. Any animal subject to licensing under this article found without a tag identifying its owner
shall be deemed unowned.

G. The county enforcement agent shall destroy a vicious animal upon an order of a justice of the
peace or the town magistrate. A justice of the peace or town magistrate may issue such an order
after notice to the owner, if any, and a hearing. (Ord. 85-04-002 1 (part): prior code 6-3-10)
6.08.120 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. (Ord. 85-04-002 1 (part): prior code 6-3-11)

6.08.130 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 hereunder. (Ord. 85-04-002 1 (part): prior code 6-3-12)

6.08.140 Unlawful keeping of dogs.

It is unlawful for a person to keep, harbor or maintain a dog within the town except as provided by

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the terms of this chapter. (Ord. 85-04-002 1 (part): prior 6-3-13)
6.08.150 Violation; 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 or fined for a
maximum of seven hundred fifty dollars ($750.00), or both. (Ord. 85-04-002 1 (part): prior 6-3-14)

6.08.160 Dogs; Liability.

Injury to any person or damage to any property by a dog while at large shall be the full
responsibility of the dog owner or person or persons responsible for the dog when such damages were
inflicted. (Ord. 85-04-002 1 (part): prior 6-3-15)

6.08.170 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 pentobarbital or a derivative or sodium pentobarbital.
2. Nitrogen gas.
3. T-61 Euthanasia solution or its generic equivalent.

C. Ifan animal is destroyed by means specified in subsection @) Paragraphs (1) or
(3) or this section, it shall be done by a licensed veterinarian or in accordance with procedures
established by the state veterinarian pursuant to ARS Section 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 animal by the methods described in subsections B and C of
this section. (Ord. 85-04-002 1

(part): prior 6-3-16)

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