Sec. 8-2. Barking or howling dogs.
No person shall keep a dog within the City limits which is in the habit of barking or howling or disturbing the peace and quiet of any person within the City.
(Code 1962, §§ 8-2.)
Sec. 8-8. Regulations for keeping [animals] within [the] City.
(a) The maintaining or keeping of all animals within the City shall be allowed as stated above only so long as they do not cause, create or contribute to or become a health nuisance due to noise, the presence of flies, mosquitos, insects, vermin, rodent harborage, odors, dust, ponded water, accumulation of manure, garbage, refuse or other obnoxious or putrescible material, or for any other like reason. Manure and droppings shall be removed from pens, stables, yards, cages, and other enclosures at least twice weekly and shall be removed from the premises at least twice each week. For the purposes of this provision "premises" means the lot or parcel of ground upon which the pen, stable, yard, cage or other enclosure is located.
(b) No swine shall be kept within the City limits, except registered purebred miniature Vietnamese potbelly pigs and other similar registered purebred miniature pigs. Miniature pigs shall not exceed one hundred pounds. No more than three miniature pigs shall be allowed per household. This ordinance shall not apply to or affect any prosecutions filed prior to the effective date of this ordinance.
(c) Except as otherwise provided in this chapter, the keeping of all animals within the City shall be subject to all pertinent regulations of the State of Arizona and the Maricopa County Board of Health.
(d) No person owning, keeping, possessing, harboring or maintaining any animal, as defined in section 8-1, shall allow such animal to run at large.
(e) The premises upon which fowl, rodents, cattle, horses, sheep or goats are kept shall always be sanitary and subject to inspection and regulation by the City Health Officer.
(f) Keeping of bees.
(1) It shall be unlawful for any person to keep bees on any lot or parcel of land consisting of less than six thousand square feet in area without first having obtained written permission, subject to the provisions of section 8-9, consenting to the keeping of bees on such lot or parcel from all of the lawful occupants and the lawful owners of adjoining lots or parcels of land, as defined in section 8-1, which are located in the immediate vicinity of the property whereon the bees are kept.
(2) It shall be unlawful for any person to keep or maintain more than one hive or colony of bees for each one thousand seven hundred square feet of area within any lot or parcel of land upon which bees are kept or maintained.
(3) No hive or colony of bees shall be kept or maintained within five feet of any boundary line of the lot or parcel upon which the bees are kept.
(4) Any person keeping or maintaining bees within the City shall provide a constant and easily accessible supply of water of sufficient quantity to meet the needs of all bees being maintained.
(Code 1962, §§ 8-9; Ord. No. G-1063, §§ 1; Ord. No. G-1367, §§ 1; Ord. No. G-1482, §§ 1; Ord. No. G-3399, §§ 1)
Sec. 8-12. License fees for dogs; classification of fees; issuance of dog tags; records; penalties.
A. A license fee of nine dollars for spayed or neutered dogs and nineteen dollars for nonspayed or nonneutered dogs per year shall be paid for each dog four months of age or over that is kept, harbored or maintained within the boundaries of the City for at least thirty consecutive days of each calendar year. The licensing period shall not exceed the period of time for revaccination as designated by the State Veterinarian. The license fee shall be due when each such dog reaches the age of four months, and on the anniversary date of the original license for each year thereafter, and the license fee shall be paid within ninety days to the enforcement agent or his authorized representative. A penalty not to exceed four dollars shall be added to the license fee in the event that application is made subsequent to the date on which the dog is required to be licensed under the provisions of this article. This penalty shall not be assessed against applicants who furnish adequate proof that the dog to be licensed has been in their possession less than thirty consecutive days prior to the date for requirement of licensing herein.
B. Durable dog tags shall be provided. Each dog licensed under the terms of this ordinance 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 ordinance. Whenever a dog tag is lost, a duplicate tag shall be issued upon application by the owner and payment of a fee of one dollar to the enforcement agent.
C. Whenever the ownership of a dog has been changed, the new owner must secure a transfer of license to such owner. A transfer fee of one dollar shall be charged to transfer any license.
D. The City Council may provide for lower license fees 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.
E. 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, or 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 II misdemeanor punishable by a fine of not more than seven hundred fifty dollars or by imprisonment for not more than four months or both.
(Ord. No. G-1872, §§ 3; Ord. No. G-1909, §§ 3; Ord. No. G-2253, §§ 1; Ord. No. G-2932, §§ 2; Ord. No. G-3362, §§ 1; Ord. No. G-3846, §§ 1)
Sec. 8-14. Dogs not permitted at large; wearing licenses; penalties.
A. In a rabies quarantine area, no dogs shall be permitted at large. Each dog shall be confined within an enclosure on the owner's property, or secured so that the dog is confined entirely to the owner's property, or on a leash not to exceed six feet in length and directly under the owner's control when not on the owner's property.
B. Any dog over the age of four months running at large shall wear a collar or harness to which is attached a valid license tag. Dogs used for control of livestock or while being used or trained for hunting or dogs while being exhibited or trained at a kennel club event or dogs while engaged in races approved by the Arizona Racing Commission, and such dogs while being transported to and from such events, need not wear a collar or harness with a valid license attached provided that they are properly vaccinated, licensed and controlled.
C. If any dog is at large in a public park or upon any public school property, then said dog's owner or custodian is in violation of this ordinance.
D. Neither a female dog during her breeding or mating season nor a vicious dog shall be permitted at large.
E. Any owner, custodian, or other person acting for the owner allowing his or her dog to be at large is in violation of this section.
F. 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 the 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. Said dog is enrolled and actively engaged in dog obedience training, or has graduated from a dog obedience training school, and is accompanied by and under the control of his owner or trainer, provided that the person training said dog has in his possession a dog leash of not more than six feet in length and of sufficient strength to control said dog.
4. Said dog, whether on or off the premises of the owner, or person acting for the owner, is controlled as provided in subsection F(1) of this section, or is within a suitable enclosure which actually confines the dog.
G. When any dog is found at large, the enforcement officer may take the following actions:
1. The dog may be apprehended and impounded. The enforcement agent shall have the right to enter upon private property when necessary 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 entry into a domicile or enclosure which confines a dog except at the invitation of the occupant or owner.
2. In addition to impoundment, the enforcement agent may issue a citation(s) to the dog owner or person acting for the owner when the dog is at large. The procedure for the issuance of criminal complaints 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 civil complaints shall be as provided in Local Rule 2, Local Rules of Practice, Phoenix Municipal Court. The issuance of misdemeanor citation(s) pursuant to this ordinance 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 City Prosecutor.
3. In the judgment of the enforcement agent and field supervisor, any dog at large or other animal that is dangerous, vicious, or fierce and a threat to human safety that cannot be safely impounded may be immediately slain. All animal control officers who may be called upon to slay a vicious animal as described above will receive periodic training in the firearm used for this purpose in a manner mutually agreed upon by the City and the enforcement agent. All vicious animals slain will be diagnosed for rabies prior to disposal. Public records will be maintained by the enforcement agent for each vicious animal slaying incident, including the result of the rabies diagnosis performed on the animal.
4. Any dog impounded under this section may be kept impounded until there is a final disposition of any criminal complaint or payment in full of all civil sanctions imposed arising from the alleged violation of this section, provided that the criminal or civil complaint is filed within thirty days of the alleged violation.
H. Penalties.
1. Any dog owner, custodian, or other person acting for the owner who fails to comply with subsection A, B, C, or D of this section is guilty of a Class 1 misdemeanor.
2. Any dog owner, custodian, or other person acting for the owner who fails to comply with subsection E but who is otherwise in compliance with subsections A, B, C, and D is responsible for a civil violation subject to a civil sanction not to exceed two hundred fifty dollars.
3. A second misdemeanor violation of this section within twenty-four months shall be punishable by a fine of not less than one hundred dollars.
4. A third or subsequent misdemeanor violation of this section within twenty-four months shall be punishable by a fine of not less than five hundred dollars.
5. Any misdemeanor violation of this section when the dog has previously been determined to be vicious pursuant to section 8-16.01 shall be punishable by a fine of not less than five hundred dollars and imprisonment for a term of not less than five days.
6. In no case shall a person convicted of a misdemeanor violation of 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.
(Ord. No. G-1872, §§ 3; Ord. No. G-1909, §§ 3; Ord. No. G-2932, §§ 2; Ord. No. G-3224, §§ 2; Ord. No. G-3832, §§ 2)
State law references: Dogs at large, A.R.S. §§ 11-1012; penalty for ordinance violations, A.R.S. §§§§ 9-499.01, 9-240(B)(28).
Sec. 8-21. 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 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.
(Ord. No. G-1222, §§ 1)
Sec. 8-22. 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 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.
(Ord. No. G-1222, §§ 1)
Sec. 8-23. 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.
(Ord. No. G-1222, §§ 1)
Sec. 27-12. Animal waste.
A. Wastes from animals and pets shall be removed and disposed of in the manner prescribed and as often as necessary to prevent occurrence of a nuisance or health and safety hazard.
B. Small animal waste from typical domestic pets such as dogs and cats shall be placed in a plastic bag, securely tied and placed in a solid waste container.
C. Large animal waste from animals such as horses and livestock may be collected for a different and separate fee using an alternate collection method.
D. All animal owners and custodians shall immediately clean up and properly dispose of wastes left by their animals on any public street, alley, gutter, sidewalk, right-of-way or park.
(Ord. No. G-4341, §§ 3, passed 4-11-2001, eff. 5-11-2001)
Sec. 8-1. Definitions.
The following definitions shall apply to this chapter:
Adjoining lot or parcel of land means any lot or parcel of land which in any way and at any point abuts, adjoins or otherwise meets the property line of another lot or parcel of land and includes a lot or parcel of land which is divided by a dedicated alley and which but for the alley would be abutting, adjoining or otherwise meeting the property line of another lot or parcel of land.
Animal means any animal of a species that is susceptible to rabies, except man.
At large means on or off premises of owner and not under control of owner or other persons acting for the owner. Any dog in a suitable enclosure or confined shall not be considered to be running at large.
Collar means a band, chain, harness or suitable device worn around the neck of a dog to which a license may be affixed.
Dog means a member of the Canis Familiaris family.
Impound means the act of taking or receiving into custody by the enforcement agent any dog or other animal for the purpose of confinement in an authorized pound in accordance with the provisions of this ordinance.
Kennel means an enclosed, controlled area, inaccessible to other animals, in which a person keeps, harbors or maintains five or more dogs under controlled conditions.
Livestock means neat animals, horses, sheep, goats, swine, mules and asses.
Occupant means any person who is at least eighteen years of age and who has a present legal right to immediate possession of a residence or lot or parcel of land.
Owner means any person owning, keeping, possessing, harboring or maintaining an animal other than livestock for more than six consecutive days.
Stray dog means any dog four months of age or older running at large that is not wearing a valid license tag.
Veterinarian, unless otherwise indicated, means any veterinarian licensed to practice in this State or any veterinarian employed in this State by a governmental agency.
Vicious animal means any animal other than an animal used by a law enforcement agency, that:
(a) 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
(b) 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
(c) Is declared vicious after a hearing before a justice of the peace or a City magistrate.
(Code 1962, §§ 8-1; Ord. No. G-1367, §§ 1; Ord. No. G-1872, §§ 1; Ord. No. G-1909, §§ 1; Ord. No. G-2932, §§ 1; Ord. No. G-3091, §§ 1; Ord. No. G-3224, §§ 1)
Cross references: Definitions and rules of construction generally, §§ 1-2.
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