(A) No person shall harbor, maintain or control a wild, dangerous or undomesticated animal, as defined in A.J.C.C., Vol. I, § 6-1-1, within the city limits.
(B) The provisions of this section shall not apply to any keeping of such wild animals in a bona fide, licensed, veterinary hospital for treatment, or in a bona fide educational institution, circus, zoo or other event for education or entertainment, which has obtained a special permit from the Animal Control Division. The Animal Control Division shall issue a special permit if it determines:
(1) That the animal is at all times kept or maintained in a safe manner, and that it is at all times confined securely so that the keeping of the animal will not constitute a danger to human life or the property of others;
(2) That adequate safeguards are made to prevent unauthorized access to the animal by members of the public;
(3) That the health or well-being of the animal is not in any way endangered by the manner of keeping or confinement;
(4) That the keeping of the animal does not constitute a nuisance, as defined in A.J.C.C., Vol. I, § 6-1-3, pertaining to noisy animals, and is in compliance with all city zoning and business licensing and regulations;
(5) That the keeping of the animal will not create or cause offensive odors or constitute a danger to public health;
(6) That the quarters in which the animal is kept or confined are adequately lighted and ventilated, and are so constructed that they may be kept in a clean and sanitary condition;
(7) That the applicant for the special permit prove their ability to respond in damages to and including the amount of $1,000,000 per occurrence, $2,000,000 aggregate, for bodily injury to or death of any person or persons, or for damage to property owned by any other person that may result from the ownership, keeping or maintenance or the animal. Proof of liability to respond in damages may be given by filing with the City Attorney a certificate of insurance, stating that the applicant is, at the time of application, and will be during the period of the special permit, insured against liability to respond in such damages, or by posting with the City Attorney a surety bond conditioned upon the payment of such damages during the period of such special permit. The certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless 30 calendar days’ written notice is first given to the City Attorney. The applicant shall also cause such certificate of insurance to state the “City of Apache Junction, its elected officials, employees and agents” as additional insured parties, a copy of which must be sent to the office of the City Attorney at least 60 days prior to such special event.
(C) Any violation of this chapter shall be cause to revoke the special permit. The permit may be revoked by the Public Safety Department Director after notice and hearing. The notice, hearing and appeal procedures shall be governed by the provisions set forth below in § 6-1-10(C).
(D) Notice, hearing and appeal procedure:
(1) To suspend or revoke a permit, the Animal Control Division shall deliver or mail by certified mail, to the business address as shown by the permit application, a written notice that such permit is suspended or revoked. The reason for such suspension or revocation shall be set forth in the notice. The notice shall also contain the permittee’s rights and procedures to appeal such suspension or revocation. A suspended or revoked permit shall be surrendered to the Animal Control Division on demand.
(2) The Animal Control Division shall grant on demand to any permittee whose permit has been revoked or suspended a full hearing on the merits of the suspension or revocation. Appeal of the Animal Control Division’s action to a hearing officer appointed by the Public Safety Director, pursuant to division (D)(3) of this section, shall not be had prior to the hearing. Demand for hearing shall be made within 10 working days of receipt of the Animal Control Division’s notice of suspension or revocation, and failure to demand a hearing within that time will constitute a full waiver. After considering evidence presented at the hearing, the Animal Control Division shall make a decision to uphold or repeal the permit suspension or revocation; and shall deliver or mail by certified mail, to the business address as shown on the permit application, the results of the decision.
(3) Any person aggrieved by the Animal Control Division’s decision pursuant to division (D)(2) of this section shall have the right of appeal to the designated hearing officer. The appeal shall be filed with the Public Safety Director within 14 working days after receipt of the Animal Control Division’s decision. The appeal shall contain a written statement setting forth fully the grounds for the appeal. The hearing officer shall set a time and place for a hearing on the appeal, and notice of the hearing shall be given to the applicant in the same manner as provided for notice of hearing on revocation. The decision and order of the hearing officer shall be final and conclusive, except any person aggrieved may pursue any proper judicial proceedings under state law.
(4) No person may reapply for any permit after denial, revocation or non-renewal of the permit unless the cause for the denial, revocation or non-renewal has been removed or corrected.
(Ord, 1465, passed 12-4-2018)