Ord 613 N.S. Amending City Code, Ch. 9 - Control of Cats and Impounding and Disposing of Dog and Cats 01 14 25

ORDINANCE NO. 613 N.S. 
AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF TOLLESON, 
ARIZONA, AMENDING THE TOLLESON CITY CODE, BY AMENDING CHAPTER 9 
ANIMALS, ARTICLE 9-1 GENERAL RULES AND REGULATIONS, SECTION 9-1-20 
CONTROL OF CATS; AND ARTICLE 9-2 CRUELTY AND NEGLECT OF ANIMALS, 
SECTION 9-2-4 NEGLECT PROHIBITED AND SECTION 9-2-7 IMPOUNDING AND 
DISPOSING OF DOGS AND CATS; RECLAIMING IMPOUNDED DOGS AND CATS; 
POUND FEES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; 
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR PENALTIES. 
WHEREAS, the City of Tolleson, Arizona (the “City”) desires to amend the City’s Code to 
clarify the duties of the enforcement agent and the vaccinations or licensing required for cats in 
Maricopa County; and 
 
WHEREAS, the City desires to amend the Code to provide for the seizure and 
impoundment of abandoned animals in certain circumstances. 
 
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF 
TOLLESON ARIZONA, as follows: 
 
Section 1.  The recitals above are hereby incorporated as if fully set forth herein. 
 
Section 2. The Tolleson City Code, Chapter 9, Animals, is hereby amended by amending 
Article 9-1 General Rules and Regulations, Section 9-1-20 Control of Cats, to read as follows 
(additions in ALL CAPS; deletions in strikeout): 
 
CHAPTER 9:  – ANIMALS 
 
ARTICLE 9-1:  – GENERAL RULES AND REGULATIONS 
 
§ 9-1-20 – CONTROL OF CATS 
 
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(C) It shall be the duty of the enforcement agent to impound all cats found at large in 
violation of this chapter, or not in charge or under the care or control of some person in 
the street, alleys or other public places or vacant or enclosed lots in the city. 
 
(D) The city may, by resolution, require the payment of appropriate fees, vaccinations 
and licenses for cats within the city limits. 
 
(E)(C) The Council specifically finds, by this section, that if any person is the owner or has 
possession of more than four cats in any dwelling or property less than one acre in size

CITY OF TOLLESON ORDINANCE NO. 613 N.S. 
JANUARY 14, 2025 
PAGE 2 
 
 
within the city limits, that possession or ownership on the same property of any more 
than four cats shall be considered a public nuisance and that the nuisance shall be 
immediately abated. For purposes of this division, it is contemplated that newborn 
kittens shall not be counted until they reach the age of three months. The burden of 
establishing the birth date of any kitten shall be on the cat owner. 
 
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Section 3. The Tolleson City Code, Chapter 9, Animals, by amending Article 9-2 Cruelty 
and Neglect of Animals, Section 9-2-4 Neglect Prohibited and Section 9-2-7 Impounding and 
Disposing of Dogs and Cats; Reclaiming Impounded Dogs and Cats; Pound Fees, to read as follows 
(additions in ALL CAPS; deletions in strikeout): 
 
CHAPTER 9:  – ANIMALS 
 
ARTICLE 9-2:  – CRUELTY AND NEGLECT OF ANIMALS 
 
§ 9-2-4 – NEGLECT PROHIBITED 
 
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(C) Provide access to natural or artificial shelter to the animal throughout the year. The 
shelter must be maintained in good repair to protect the animal from injury and the 
elements and must be of sufficient size to permit the animal to enter, stand, turn around 
and lie down in a natural manner. Livestock and fowl are not included in this section; 
 
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§ 9-2-7 – IMPOUNDING AND DISPOSING OF DOGS AND CATS; RECLAIMING IMPOUNDED  
DOGS AND CATS; POUND FEES 
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(D) ANY ANIMAL ABANDONED AS A RESULT OF OWNER ARREST, HOSPITALIZATION, 
EVICTION OR DEATH IN WHICH NO OTHER PERSON HAS APPEARED TO EXERCISE THE 
OWNER’S PROPERTY RIGHTS OF THE ANIMAL MAY BE SEIZED BY AN ENFORCEMENT 
AGENT. ANIMALS ABANDONED IN THIS MANNER WILL BE HELD FOR 72 HOURS AND THE 
ANIMAL MAY BE TEMPORARILY PLACED WITH AN IMPOUND FACILITY UNTIL RECLAIMED 
BY THE OWNER OR THEIR DESIGNEE AND THE IMPOUND OR CARETAKER FEES ARE PAID. 
UNCLAIMED ANIMALS SHALL BE DISPOSED OF OR REHOMED AS DETERMINED BY THE 
CITY.

CITY OF TOLLESON ORDINANCE NO. 613 N.S. 
JANUARY 14, 2025 
PAGE 3 
 
 
Section 4.  Providing for Repeal of Conflicting Ordinances. 
All ordinances, parts of ordinances and resolutions in conflict with the provisions of this 
Ordinance, or any part of the City Code adopted here by reference, are repealed. 
Section 5.  Providing for Severability. 
If any provision of this Ordinance is for any reason held by any court of competent 
jurisdiction to be unenforceable, such provision or portion hereof shall be deemed separate, 
distinct, and independent of all other provisions and such holding shall not affect the validity of 
the remaining portions of this Ordinance. 
Section 6.  Providing for Penalties. 
Pursuant to Section 1-1-8 of the Tolleson City Code, any person found guilty of violating 
any provisions of this ordinance shall be guilty of a class one misdemeanor and, upon 
conviction, shall be punished pursuant to the terms set forth in the A.R.S. § 13-707, § 13-802, 
and § 13-902, as amended. Each day that a violation continues shall be a separate offense 
punishable as hereinabove described. 
Section 7.  The Mayor, City Manager, City Clerk and City Attorney are hereby authorized 
and directed to take all steps necessary to carry out the purpose and intent of this Ordinance. 
PASSED AND ADOPTED by the Mayor and Council of the City of Tolleson, Arizona, on this 
14th day of January, 2025. 
 
 
____________________________________ 
Juan F. Rodriguez, Mayor 
 
 
                                                   ATTEST: ____________________________________ 
 
Crystal Zamora, City Clerk 
 
 
       APPROVED AS TO FORM: ____________________________________ 
 
Justin Pierce, City Attorney