IGA WITH QUEEN CREEK FOR ANIMAL CONTROL SERVICES.PDF

INTERGOVERNMENTAL
AGREEMENT

JULY 1, 2020 THROUGH JUNE 30, 2021

AGREEMENT FOR ANIMAL CONTROL SERVICES

BETWEEN
Maricopa County
And

The Town of Queen Creek

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 Queen Creek, (“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

I 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: Queen Creek Town Code Chapter 6 — Animals, Article 6-2, Rabies/Animal
Control Leash Law, 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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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 (7) 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 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.

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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3. Renewal:

This Agreement will be automatically renewed for two successive two-year terms by the mutual agreement
of the Parties, unless sooner terminated as provided under Paragraph 5, “Termination”, subject to
availability and appropriation of funds for renewal. Any 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.

Te 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

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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 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
acorrect invoice. For the initial term of this Agreement, the TOWN agrees to pay the COUNTY $26,562.
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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D.

BE.

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 Queen Creek
22358 S. Ellsworth Road
Queen Creek, AZ 85142

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 WHEREOPF, the Parties enter into this Agreement:

MARICOPA COUNTY

BOARD OF SUPERVISORS TOWN OF QUEEN CREEK

By: By:

Chairman of the Board Mayor ra
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Queen Creek

Attest: Attest:

CSS

Clerk of the Board Town Clerk

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:

Scott A_toliomb

Scott A. Holcomb (Jun 18, 2020 17:04 PDT)
Attorney for Board of Supervisors Town Attorney

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APPENDIX A

COMPENSATION SCHEDULE FOR
ANIMAL CONTROL SERVICES

1. COUNTY Service Level:
2. Service Cost for Initial Term:
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Basic

$26,562

APPENDIX B
SERVICES
li 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 5pm 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 10pm on County Observed Holidays.

8. The COUNTY shall provide lost and found service from 8am to Spm 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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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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| Officer needs

Menacing animal

APPENDIX C

PRIORITY CLASSIFICATIONS

duty municipal

| Area check no

Vicious animal

Maricopa County

investigation(not at
large)

assistance: atlarge Imminent | employees, not aggression. petition Constables or
police/fire/animal | safety hazard. LEO Public Fiduciary
control officer.
Officer on scene
aggressive animal
Animal bite Animal in trap Trap check/Trap | Leash Law Court appearance | Kennel permit
running at large / Pick up or delivery inspections.
imminent safety
hazard within last
hour.
Animal at large on | Sick or injured Confined stray dog Animal bite Canvassing
school grounds. stray at business or investigations
(school in session) home. follow up second
does not Include sequence.
colleges
Attack which has Officer needs Attack older than 3 Barking dog Public Information
taken place Inthe | assistance: hours. Booth
last hour, dog still | police/fire/animal
atlarge and control officer.
possess Officer not on
immediate threat. | scene non
aggressive animal
Attack within the Dog confined on Kennel Permit
last 3 hours dog school grounds.
still at large.
Animal bite Will show Admin duties

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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.

|
|

APPENDIX E

QUEEN CREEK

CHAPTER 6 ANIMALS

ARTICLE 6-1 GENERAL
6-1-1 Noises
6-1-2 Housing

Section 6-1-1 Noises
It is unlawful to harbor or keep any animals that disturb the peace by unreasonable odors or by loud
noises at any time of the day or night.

Section 6-1-2 Housing
It is unlawful to cause or allow any stable or place where any animal is or may be kept to become unclean
or unwholesome.

ARTICLE 6-2 RABIES/ANIMAL CONTROL LEASH LAW1

6-2-1 Definitions

6-2-2 Powers and Duties of the State Veterinarian and the

Livestock Board

6-2-3 Powers and Duties of State Department of Health Services

6-2-4 Powers and Duties of Enforcement Agent

6-2-5 License Fees for Dogs; Issuance of Dog Tags; Records; Penalties;
Classification

6-2-6 Kennel Permit; Fee; Violation; Classification

6-2-7 Anti-Rabies Vaccination; Vaccination and License Stations

6-2-8 Rabies Control Fund

6-2-9 Dogs Not Permitted at Large; Wearing License

6-2-10 Establishment of Pounds; Impounding and Disposing of Dogs and
Cats; Reclaiming Impounded Dogs and Cats; Pound Fees

6-2-11 Handling of Biting Animals; Responsibility for Reporting

Animal Bites; Petition for Determination of Vicious Animals; Authority to
Euthanize Animals

6-2-12 Criminal Complaints

6-2-13 Unlawful Interference with Enforcement Agent

6-2-14 Removing Impounded Animals

6-2-15 Unlawful Keeping of Dogs

6-2-16 Violation; Classification

6-2-17 Dogs; Liability

6-2-18 Confinement of Animals in Motor Vehicles

6-2-19 Sterilization of Impounded Dogs and Cats; Definition

6-2-20 Proper Care, Maintenance and Destruction of Impounded Animals Rev. 3-2015

Section 6-2-1 Definitions

In this article unless the context otherwise requires:

A. "Animal" means any animal of a species that is susceptible to rabies, except man.

B. "At large" means on or off premises of the owner and not under control of the owner or other person
acting for the owner. Any dog in a suitable enclosure which actually confines the dog shall not be
considered to be running at large.

C. "Collar" means a band, chain, harness or suitable device worn around the neck of a dog to which a
county license can be affixed.

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D. "County animal shelter" 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.

E. "Department" means the state department of health services.

F. "Dog" means a member of the Canis Familiaris family.

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

H. "Humane officer" means the enforcement agent or the designated deputy.

|. "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 county animal shelter in accordance with the
provisions of this article.

J. "Kennel" means an enclosed, controlled area, inaccessible to other animals, in which a person keeps,
harbors or maintains dogs under controlled conditions.

K. "Livestock" means neat animals, horses, sheep, goats, swine, mules and asses.

L. "Owner" means any person keeping an animal other than livestock for more than six consecutive days.
M. "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.

N. "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.

O. "Stray dog" means any dog running at large that is not wearing a valid license tag.

P. "Vaccination" means the administration of an anti-rabies vaccine to animals by a veterinarian or in
authorized county animal shelter by employees trained by a veterinarian. Rev. 3-2015

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

R. "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.

S. "Vicious animal" means any animal other than an animal used by law enforcement agency, that:

1. has a propensity to bite, scratch or otherwise inflict injury on a human being without provocation. One
incident of causing injury may be sufficient to establish a propensity; or

2. has a propensity to approach human beings without provocation in a menacing or terrorizing manner
so as to confine the movement of or instill fear in a reasonable person and;

3. is declared vicious after a hearing before a justice of the peace or a town magistrate.

Section 6-2-2 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 Arizona Livestock Board shall regulate the handling and disposition of animals classed as
livestock that have been bitten by a rabid or suspected rabid animal or are showing symptoms suggestive
of rabies.

Section 6-2-3 Powers and Duties of State Department of Health Services

A. The state department of health services shall regulate the handling and disposition of animals other
than livestock that have been bitten by a rabid or suspected rabid animal or are showing symptoms
suggestive of rabies.

B. The state department of health services may require the enforcement agent to submit a record of all
dog licenses issued and in addition any information deemed necessary to aid in the control of rabies.
Rev. 3-2015

Section 6-2-4 Powers and Duties of Enforcement Agent

A. The enforcement agent:

1. Shall enforce the provisions of this article and the regulations promulgated thereunder.

2. May issue citations for the violation of the provisions of this article and the regulations promulgated

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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. Shall 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 of citations pursuant to this section shall be subject to the provisions of A.R.S. § 13-
3899.

C. The enforcement agent may designate deputies.

Section 6-2-51 License Fees for Dogs; Issuance of Dog Tags; Records; Penalties;
1Amended by Ordinance 270-03

Classification

A. The council shall set an annual license fee which shall be paid for each dog three months of age or
over that is kept, harbored or maintained within the boundaries of the town for at least thirty consecutive
days of each calendar year. License fees shall become payable at the discretion of the council. The
licensing period shall not exceed the period of time for revaccination as designated by the state
veterinarian. License fees shall be paid within ninety days. A penalty fee of two dollars shall be paid if the
license application is made less than one year subsequent to the date on which the dog is required to be
licensed under this article. If the license application is made one year or later from the date on which the
dog is required to be licensed, an additional penalty fee of ten dollars shall be paid for each subsequent
year up to a maximum of twenty-two dollars. 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
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 not in a confined, secure area or 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 Rev. 3-2015

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 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
removes such tag from any dog for the purpose of willful and malicious mischief or places a dog tag upon
a dog unless the tag was issued for that particular dog is guilty of a class 1 misdemeanor.

Section 6-2-6 Kennel Permit; Fee; Violation; Classification

A. A person operating a kennel shall obtain a license issued by the county enforcement agent of the
county where the kennel is located except if each individual dog is licensed.

B. The kennel will be in compliance with the county and town health and zoning ordinances and
regulations before authorization is issued. The premises will be inspected by the county enforcement
agent.

C. Applicant must have written authorization from local authorities to have kennel in area requested. This
must accompany the application fee.

D. The annual fee for the kennel license is set by Maricopa County.

E. All dogs in the kennel four months and over shall be properly vaccinated for rabies by a veterinarian
licensed to practice in Arizona pursuant to this article.

F. A dog remaining within the kennel is not required to be licensed individually under A.R.S. § 24-367. A
dog leaving the controlled kennel conditions shall be licensed under A.R.S. § 24-367, except if the dog is
only being transported to another kennel which has a license issued under this section.

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G. A person who fails to obtain a kennel license under this section is subject to a penalty of twenty-five
dollars in addition to the annual fee.

H. A person who knowingly fails to obtain a kennel license within thirty days after written notification from
the county enforcement agent is guilty of a class 1 misdemeanor.

|. The kennel will be constructed and maintained according to county health regulations.

Section 6-2-7 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 Rev. 3-
2015

before the tenth day of the month following the month during which the dog was vaccinated. No dog shall
be licensed unless it is vaccinated in accordance with the provisions of this article and the regulations
promulgated thereunder.

B. A dog vaccinated in any other state prior to entry into Arizona may be licensed in Arizona provided
that, at the time of licensing, the owner of such dog presents a vaccination certificate, signed by a
veterinarian licensed to practice in the state or a veterinarian employed by a governmental agency in that
state, stating the owner's name and address and giving the dog's description, date of vaccination, and
type, manufacturer and serial number of the vaccine used. The vaccination must be in conformity with the
provisions of this article and the regulations promulgated thereunder.

C. The enforcement agent shall make provisions for vaccination clinics as deemed necessary. The
vaccination shall be performed by a veterinarian.

Section 6-2-8 Rabies Control Fund

A. The enforcement agent or his authorized representative shall place the monies collected by him under
the provisions of this article in a special fund to be known as the rabies control fund to be used for the
enforcement of the provisions of this 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.

Section 6-2-9 Dogs Not Permitted at Large; Wearing License1

1Amended by Ordinance 270-03

A. 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.

B. Any dog over the age of three months on or off the premises of the owner and not under physical
control of the owner or persons acting for the owner, or any dog not in a suitable enclosure which actually
confines the dog, shall wear a collar or harness to which is attached a valid license tag. Any dog over the
age of three months on the premises of the owner and either confined or under physical control of the
owner or persons acting for the owner need not wear a collar or harness with a valid license tag attached
provided that they are properly vaccinated, licensed and in compliance with all sections of this ordinance.
Dogs used for control of livestock or while being used or trained for hunting, or dogs while being exhibited
or trained at a kennel club event, or dogs while engaged in races approved by the Arizona Racing
Commission, and such dogs while being transported to and from such events, need not wear a collar or
harness with a valid license attached provided that they are properly vaccinated, licensed and controlled.
C. If any dog is at large on the public streets, public parks or public property, then said dog's owner or
custodian is in violation of this article. Rev. 3-2015

D. Any person whose dog is at large is in violation of this article. A dog is not at large if:

1. Said dog is restrained by a leash, chain, rope or cord of not more than six feet in length and of
sufficient strength to control action 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 Arizona Racing Commission.

3. While said dog is actively engaged in dog obedience training, accompanied by and under the control of

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his owner or trainer, provided that the person training said dog has in his possession a dog leash of not
more than six feet in length and of sufficient strength to control said dog, and further, that said dog is
actually enrolled in or has graduated from a dog obedience training school.

4. Said dog whether on or off the premises of the owner, or person acting for the owner, is controlled as
provided in paragraph 1 of this subsection or is within a suitable enclosure which actually confines the
dog.

E. The owner or persons acting for the owner of a dog is responsible for the acts and conduct of the dog
at all times when the dog is in a public park. All dogs three months of age or older in or upon the premises
of a public park must be currently licensed and shall wear a collar or harness to which is attached a valid
license tag.

F. The owner or persons acting for the owner of a dog must restrain and control the dog at all times when
in a public park by securing the dog with a leash of not more than six feet in length, except when the dog
is in an enclosed area within the park, which has been designated by the (county/municipality) as a dog
exercise area. .

G. At all times when a dog is off leash in a designated dog exercise area as provided in subsection F of
this section, the dog must be accompanied by and under control of the owner or persons acting for the
owner. Additionally, the owner or persons acting for the owner must at all times, have a leash of not more
than six feet in length in his or her possession.

H. At all times when a dog is off leash and participating in a dog show, exhibition or obedience class as
provided in subsection D of this section:

1. the dog must be accompanied by and under control of it’s owner or persons acting for the owner or
trainer or handler, who must at all times have a leash in his or her possession; and

2. the owner or persons acting for the owner or trainer or handler or authorized representative of a club or
organization to whom a permit has been issued, shall have the permit on their person at all times and
shall present the permit for inspection upon request, to any police officer or authorized member of the
public parks staff or enforcement agent.

|. Any dog at large shall be apprehended and impounded by an enforcement agent.

1. Said agent shall have the right to enter upon private property when it 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 and shall not include Rev. 3-2015

entry into a domicile or enclosure which confines a dog unless it be at the invitation of the occupant.

2. Said agent may issue a citation to the dog owner when the dog is at large. The procedure for the
issuance of notice to appear shall be as provided for peace officers in A.R.S. § 13-3903, except the
enforcement agent shall not make an arrest before issuing the notice. The issuance of citations pursuant
to this article shall be subject to provisions of A.R.S. § 13-3899. In lieu of issuing a citation, a report may
be submitted to the county attorney or town prosecutor.

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.

4. Any dog impounded under this section may be kept impounded until there is a final disposition of any
criminal complaint arising from the alleged violation of this section, provided that the criminal compliant is
filed within thirty days of the alleged violation.

J. Penalties

1. A violation of this section is a class 1 misdemeanor.

2. A second violation of this section within twenty-four months shall be punishable by fine of not less than
one hundred dollars.

3. A third or subsequent violation of this section within twenty-four months shall be punishable by a fine of
not less than five hundred dollars.

4. Any violation of this section when the dog has previously been determined to be vicious pursuant to
this article shall be punishable by a fine of not less than five hundred dollars and imprisonment for a term
of not less than five days. 1Ordinance 562-15 Rev. 3-2015

5. In no case shall a person convicted of violating this section be eligible for suspension or commutation
of sentence unless such person is placed on probation with the condition that the minimum fine be paid
and term of imprisonment be served.

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Section 6-2-10 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 county animal shelter for a
minimum of seventy-two 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 fees and complies with the
licensing and vaccination provisions of this article. If the dog or cat is not claimed within the impoundment
period, the enforcement agent shall take possession and may place the dog or cat for sale or may
dispose of the dog or cat in a humane manner. The enforcement agent may destroy impounded sick or
injured dogs or cats whenever such destruction is necessary to prevent such dog or cat from suffering or
to prevent the spread of disease.

C. Any impounded licensed dog or any cat may be reclaimed by its owner or such owner's agent,
provided that the person reclaiming the dog or cat furnishes proof of right to do so and pays all county
animal shelter 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 ina
humane manner. Any person purchasing such dog or cat shall pay all pound fees.

Section 6-2-11 Handling of Biting Animals; Responsibility for Reporting Animal Bites; Petition for
Determination of Vicious Animals; Authority to Euthanize Animals‘

A. An unlicensed or unvaccinated dog or cat that bites any person shall be confined and quarantined in a
county animal shelter 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 article that
bites any person may be confined at the home of the owner or wherever the dog is harbored and
maintained with the consent of and in a manner prescribed by an authorized Maricopa County Animal
Control Enforcement Agent (the “Enforcement Agenda’).

B. Any animal other than a dog or cat that bites any person shall be confined and quarantined in a county
animal shelter or, upon the request of and at the expense of the owner, at a veterinary hospital for a
period of not less than fourteen days, provided that livestock shall be confined and quarantined for the
fourteen day period in a manner regulated by the Arizona Livestock Board. If the animal is a caged
rodent, it may be confined and quarantined at the home of the owner or where it is harbored or
maintained, for the required period of time, with the consent of and in a manner prescribed by the
Enforcement Agent. Rev. 3-2015

C. Any wild animal which bites any person may be euthanized 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. If an Enforcement Agenda has investigated and determined that there is probable cause to believe that
an animal is potentially dangerous or vicious, the aggrieved victim (or guardian, if the victim is a minor or
disabled person), Supervisor of Maricopa County Animal Control, The Maricopa County Sheriff's Office or
their designee may file a petition to have the animal declared potentially dangerous or vicious. The
petition must be filed with the Town of Gilbert Municipal Court in accordance with all established
procedures and policies. The petition shall be a form prescribed by the Town of Gilbert Municipal Court.
F. The County Enforcement Agent may euthanize 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 euthanization.

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

H. The County Enforcement Agent shall euthanize a vicious animal upon an order of a Justice of the
Peace or a Town of Queen Creek authorized Magistrate, or the Magistrate of another jurisdiction serving
as the Town of Queen Creek Magistrate, pursuant to an Intergovernmental Agreement (the “Queen Creek
Magistrate”). A Justice of the Peace or Town of Queen Creek Magistrate may issue such an order after
notice to the owner, if any, and a hearing.

H. Any animal impounded under this section may be kept impounded until there is a final disposition of

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any criminal complaint arising from the alleged violation of this section, provided that the criminal
complaint is filed within thirty days of the alleged violation.

Section 6-2-12 Criminal Complaints

Any animal impounded under this article may be kept impounded until there is a final disposition of the
criminal complaint arising from the alleged violation of this article provided that the criminal complaint is
filed within thirty days of the alleged violation. 1Ordinance 562-15 Rev. 3-2015

Section 6-2-13 Unlawful Interference with Enforcement Agent
It is unlawful for any person to interfere with the enforcement agent in the performance of his duties.

Section 6-2-14 Removing Impounded Animals

No person may remove or attempt to remove an animal which has been impounded or which is in the
possession of the enforcement agent except in accordance with the provisions of this article and the
regulations promulgated thereunder.

Section 6-2-15 Unlawful Keeping of Dogs
It is unlawful for a person to keep, harbor or maintain a dog within the town except as provided by the
terms of this article.

Section 6-2-16 Violation; Classification

Any person who fails to comply with the requirements of this article, or violates any of its provisions, is
guilty of a class 1 misdemeanor, and may be subject to imprisonment for a maximum period of six months
or fined a maximum of $1000.00 or both.

Section 6-2-17 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's owner or person or persons responsible for the dog when such damages were inflicted.

Section 6-2-18 Confinement of Animals in Motor Vehicles

A. Confining Animals. No person having charge or custody of an animal, as owner or otherwise, shall
place or confine such animal or allow such animal to be placed or confined or to remain in a motor vehicle
under such conditions or for such a period of time as may endanger the health or well-being of such
animal due to heat, lack of food or drink or such other circumstances as may reasonably be expected to
cause suffering, disability or death.

B. Responsibility of Motor Vehicle Owner. No person having dominion or control over a motor vehicle, as
owner or otherwise, shall place or confine an animal or allow an animal to be placed or confined or to
remain in a motor vehicle under such conditions or for such a period of time as may endanger the health
or well-being of such animal due to heat, lack of food or drink or such other circumstances as may
reasonably be expected to cause suffering, disability or death. Rev. 3-2015

C. Exceptions. Nothing in this article shall be deemed to prohibit the transportation of horses, cattle,
sheep, poultry or other agricultural livestock in trailers or other vehicles designed and constructed for
such purpose.

D. Authority of Peace Officer or Humane Officer. A peace officer or a humane officer who finds an animal
in a motor vehicle in violation of this article may break and enter the motor vehicle if necessary to remove
the animal. The officer removing the animal shall take the animal to an animal shelter or other place of
safekeeping and shall in the event the person having custody cannot be otherwise contacted, leave in a
prominent place in the motor vehicle a written notice bearing his name and office and the address where
the animal may be claimed by the owner thereof. The animal will be surrendered to the owner if the owner
claims the animal within ten days from the time the animal was removed from the motor vehicle and pays
all reasonable charges that have accrued for the maintenance of the animal. The person or animal shelter
having custody of the animal will make reasonable efforts to contact the owner and give notice that the
animal is in their custody and may be reclaimed by the owner upon payment of the reasonable
maintenance charges. In the event the owner cannot be contacted, or expresses no interest in reclaiming
the animal within three (3) days after contact or efforts to contact, the person or animal shelter having

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custody of the animal may dispose of the animal in any reasonably humane manner.

E. Dogs Riding in Motor Vehicles; Restrictions; Application; Exception.

1. A person driving a motor vehicle on a highway shall not allow a dog to ride in that portion of the motor
vehicle that is open in such a manner which would permit the dog to jump out of the motor vehicle or to
be thrown from the vehicle by acceleration or stopping of the vehicle or in an accident involving the
vehicle.

2. Paragraph 1 of this subsection applies to open areas of a motor vehicle including the open bed of a
truck, the interior of a convertible motor vehicle which has the top down or removed, the rear storage
portion of a station wagon or van with the tailgate open or the trunk or hatchback portion of a motor
vehicle with the trunk or hatchback open, but paragraph 1 does not apply:

a. If the dog is confined to a cage of adequate construction and design to prevent its escape from the
motor vehicle;

b. to a portion of a motor vehicle which is fully enclosed except for open windows;

c. to a motor vehicle with an installed means of preventing the dog from being discharged;

d. if the dog is secured to the motor vehicle ina humane manner which will prevent the dog from being
thrown in the event of an accident or from escaping from the motor vehicle.

Section 6-2-19 Sterilization of Impounded Dogs and Cats; Definition

A. A dog or cat shall not be released for adoption from a county or town shelter or from an animal shelter
unless either:

1. The dog or cat has been first surgically spayed or neutered. Rev. 3-2015

2. The adopting party signs an agreement to have the dog or cat spayed or neutered within thirty days or
before sexual maturity and deposits with the pound or shelter an amount sufficient to ensure that the dog
or cat will be sterilized.

B. If the adoption fee includes the cost of spaying or neutering, then no deposit is required. The amount of
the deposit required by subsection A, paragraph 2 of this section shall be determined by the pound or
shelter to be comparable to the lowest fee charged by veterinarians in the county. The pound or shelter
shall refund to the adopting party any monies deposited pursuant to the agreement if within the time
provided in the agreement there is presented written statement signed by a licensed veterinarian that the
adopted dog or cat has been spayed or neutered. Rev. 3-2015

C. Any deposit monies that are not refunded under subsection A, paragraph 2 of this section shall be
used only for the following purposes:

1. Spaying or neutering dogs and cats.

2. Public education to prevent overpopulation of dogs and cats.

3. Costs of confirming that adopted dogs and cats are spayed or neutered.

D. This section does not apply to a county or incorporated town that adopts an ordinance or resolution for
dog and cat sterilization that exceeds the requirements of this section.

E. For purposes of this section, “animal shelter" means a facility that is used or designated for use to
house or contain any dog or cat and that is owned, operated or maintained by a duly incorporated
humane society, animal welfare society, society for the prevention of cruelty to animals, or other nonprofit
corporate organization devoted to the welfare, protection and humane treatment of animals.

Section 6-2-20 Proper Care, Maintenance and Destruction of Impounded Animals

A. Any animal impounded in a county or town shelter shall be given proper and humane care and
maintenance.

B. Any animal destroyed while impounded in a county or town shelter shall be destroyed only by the use
of one of the following:

1. Sodium pentobarbital or a derivative of sodium pentobarbital.

2. Nitrogen gas.

3. T-61 Euthanasia solution or its generic equivalent.

C. If an animal is destroyed by means specified in subsection B, paragraphs 1 or 3 of this section, it shall
be done by a licensed veterinarian or by personnel trained by a veterinarian.

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