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§ 90.19 DECLARATION OF NUISANCE.
   It shall be unlawful for any person or persons owning or having the care, custody, or control of any animal to permit such animal to become a public nuisance animal, as defined in § 90.04.
(`82 Code, § 6-2-6) (Am. Ord. 500, passed 6-26-97; Am. Ord. 664A, passed 1-13-05) Penalty, see § 90.99
§ 90.20 DOGS AT LARGE.
   (A)   It is unlawful for any owner or person in charge of any dog to permit or allow the dog to be at large upon any public street, highway or public place, or upon private property not owned or lawfully controlled by the owner or person in charge of the dog.
   (B)   Division (A) above shall not apply to the following instances:
      (1)   While the dog is being exhibited at an American Kennel Club approved show, public school sponsored or park sponsored event.
      (2)   While the dog is a service dog actively engaged in servicing the disabled.
      (3)   While the dog is within designated off-leash areas (dog parks).
   (C)   In a rabies quarantine area, no dogs shall be permitted at large, other than service dogs servicing the disabled.
   (D)   The provisions of this section shall not apply to dogs owned or controlled by government law enforcement agencies nor to any dog located upon any Rural Trail leading to the National Forest
designated in the Payson Area Trails System, so long as the dog is under the immediate control and supervision of the owner or custodian, whether by oral command or otherwise.
(`82 Code, § 6-2-7) (Am. Ord. 500, passed 6-26-97; Am. Ord. 535, passed 1-28-99; Am. Ord. 602, passed 1-24-02; Am. Res. 2391, passed 7-17-08; Am. Res. 2793, passed 8-14-14; Am. Ord. 854, passed 8-14-14) Penalty, see § 90.99
§ 90.21 CONTROL OF DOGS.
   (A)   No owner or person in charge of any dog shall permit the dog to bite or cause injury to any livestock, domestic animal, or person engaged in a lawful activity.
   (B)   No owner or person in charge of any dog shall permit the dog to cause damage to the property of another.
   (C)   No owner or person in charge of any dog shall allow the dog to soil, defile or defecate on the grounds of any public street, highway, public place or upon any private property other than that owned or lawfully controlled by the owner or person in charge of the dog, unless otherwise permitted or unless such person immediately removes and disposes of all feces deposited by the dog by the following method:
      (1)   Collection of the feces by appropriate implement and placement in a paper or plastic bag or other container.
      (2)   Removal of the bag or container to the property of the dog owner or person in charge of the dog and disposition thereafter in a manner as otherwise may be permitted by law.
   (D)   Injury or damage to property in violation of this section shall be the responsibility of the owner or custodian of the dog at the time the injuries or damages were inflicted.
   (E)   The provisions of this section shall not apply to dogs owned or controlled by government law enforcement agencies.
   (F)   Injury to any person or animal or damage to any property by an animal while at large or under the owner’s control shall be the full responsibility of the animal owner or person responsible for the animal when the damages are inflicted.
(`82 Code, § 6-2-8) (Ord. 500, passed 6-26-97; Am. Res. 2391, passed 7-17-08; Am. Res. 2793, passed 8-14-14; Am. Ord. 854, passed 8-14-14) Penalty, see § 90.99
§ 90.22 ADEQUATE CARE.
   (A)   The owner or custodian of any animal shall provide sufficient wholesome and nutritious food, potable water, veterinary care when needed to prevent suffering, humane care and treatment, and protection from the elements. Examples of violations would include, but not be limited to, the following:
      (1)   Lack of immediately available, proper drinking water or an inadequate supply of drinkable water;
      (2)   Lack of wholesome, palatable food or sustenance to be provided free from contamination and in sufficient quantity;
      (3)   Failure to provide an animal sufficient space to stand to full height, turn around, lay down and make normal postural adjustments for comfort;
      (4)   The lack of providing shelter from weather, such as sun, rain, wind or inclement weather, or failure to maintain the shelter in a clean, sanitary condition free of excrement and unreasonable, objectionable odors; or
      (5)   To have an animal in possession that is known to or suspected to have an injury, accidental or deliberate, or to exhibit any signs of disease, shock, temperature fluctuations, tremors, swelling, open wounds, inability to eat, blistering or abnormal bleeding, partial paralysis, discharging blood or mucus, and failure to arrange for immediate medical care.
   (B)   Within an area, the greater part of which is utilized for residential, business or commercial purposes, and zoned as such, manure and droppings shall be removed from pens, yards, cages and other enclosures daily, and placed in fly-proof and insect-proof containers for disposal in an approved manner that will maintain the premises nuisance-free. Owners or keepers of animals shall not allow the animals to defecate on the residential or commercial property of another.
   (C)   No owner or custodian shall willfully abandon an animal on any street, road, highway or public place, or on private property of another when not in the care of another person.
   (D)   No person shall, at any time, fasten, chain or tie any dog, or cause such dog to be fastened, chained or tied, while the dog is on the dog owner’s property or on the property where the dog’s owner or custodian is, unless owner or custodian is immediately present with the dog. While direct point chaining or tethering of dogs to a stationary object is prohibited, dogs may be restrained by means of a trolley system, or a tether attached to a pulley on a cable run, between the hours of 7:00 a.m. and 7:00 p.m., if the following conditions are met:
      (1)   Only one dog may be tethered to each cable run;
      (2)   The tether must be attached to a properly fitting collar or harness worn by the dog, with enough room between the collar and the dog’s throat through which two fingers may fit. Choke collars and pinch collars are prohibited for purposes of tethering a dog to a cable run;
      (3)   There must be a swivel on at least one end of the tether to minimize tangling of the tether;
      (4)   The tether and cable run must be of adequate size and strength to effectively restrain the dog. The size and weight of the tether must not be excessive, as determined by the Animal Control Officer, considering the age, size and health of the dog;
      (5)   The cable run must be at least ten feet in length, and mounted at least four feet and no more than seven feet above ground level;
      (6)   The length of the tether from the cable run to the dog’s collar should allow access to the maximum available exercise area, and should allow continuous access to water and shelter. The trolley system must be of appropriate configuration to confine the dog to the owner’s property, to prevent the tether from extending over any object or an edge that could result in injury or strangulation of the dog, and to prevent the tether from becoming tangled with other objects or animals.
   (E)   Any dog confined within a fenced yard must have an adequate space for exercise based on a dimension of at least 60 square feet. Provided, further that where a dog is kept or housed on property without a fenced yard, the owner of the dog or persons having custody of the dog shall provide an enclosure for the dog meeting the 60-square-feet dimension. The enclosure must be at least 12 inches taller than the standing height of the dog within it.
   (F)   The dog shall have shelter to allow the animal to remain dry and protected from the elements. The shelter shall be fully enclosed on three sides, roofed, and have a solid floor. The entrance to the shelter shall be flexible to allow the animal’s entry and exit, or if there is no entrance cover, the shelter entrance shall face away from prevailing winds and weather, and sturdy enough to block entry of wind or rain. The shelter shall be small enough to retain the animal’s body heat and large enough to allow the animal to stand and turn comfortably. The enclosure shall be structurally sound and in good repair.
   (G)   No residence shall maintain five or more dogs at any given time.
   (H)   Animals kept in violation of this section may be taken into custody and impounded by the Animal Control Officer or such other law enforcement officer as authorized herein.
(`82 Code, § 6-2-9) (Ord. 500, passed 6-26-97; Am. Res. 2793, passed 8-14-14; Am. Ord. 854, passed 8-14-14; Am. Res. 3025, passed 5-18-17; Am. Ord. 890, passed 5-18-17) Penalty, see § 90.99
§ 90.23 IMPOUNDMENT.
   (A)   Reasons for impoundment. In addition to any other remedies provided in this chapter, a Police Department representative may seize, impound and confine to an animal shelter or hospital, subject to legal authority to enter upon the premises, any of the following animals:
      (1)   Any dog over four months of age without a valid license tag.
      (2)   Any animal at large.
      (3)   Any animal constituting a public nuisance as defined in § 90.04 or considered a danger to the public.
      (4)   Any animal that is in violation of any quarantine or confinement order of the Chief of Police.
      (5)   Any unattended animal that is ill, injured or otherwise in need of care.
      (6)   Any animal that is reasonably believed to have been abused or neglected.
      (7)   Any animal that is reasonably suspected of having rabies.
      (8)   Any animal that is charged with being potentially dangerous, or where an Animal Control Officer or other law enforcement officer determines that there is a threat to public health and safety.
      (9)   Any animal that a court of competent jurisdiction has ordered impounded or destroyed.
      (10)   Any animal that is considered unattended or abandoned, as in situations where the owner is deceased, has been absent for an extended period of time leaving the animal without proper care, has been incarcerated leaving no one to care for the animal, or has been evicted from the owner’s place of residence.
      (11)   Any stray dog or other stray animal.
   (B)   Citation in lieu of impoundment. An Animal Control Officer or other law enforcement officer may also, in lieu of impoundment, issue a citation of violation to the owner of the animal.
   (C)   Notice of impounding. Upon the impounding of any animal, the Animal Control Officer or other law enforcement officer shall give notice to the animal’s owner or custodian of the impounding as soon as is reasonably possible without interfering with the officer’s investigation of the incident leading to the impoundment, if the owner is known or can be ascertained by reasonable investigation.
   (D)   Redemption of impounded animal.
      (1)   Any animal may be redeemed by the lawful owner or custodian of the animal upon providing proof of legal right to possession of the animal and upon the payment of an impound fee, plus a daily fee to defray part of the cost of maintenance of the animal. Fees may be reduced in cases of hardship or other unusual circumstances.
      (2)   If the animal to be redeemed is a dog which is not properly licensed by the town or is not in full compliance with all vaccination and licensing requirements set forth in this chapter, the lawful owner or custodian of the dog must pay the current requisite licensing fee to the Humane Society before the dog can be redeemed, and must provide proof to the town of proper vaccination within 15 days following redemption of the dog.
   (E)   Disposition of animals.
      (1)   Any animal not redeemed by its lawful owner or custodian within 72 hours after notice of impoundment, or where the owner or custodian is unknown and unable to be ascertained after reasonable investigation within 72 hours after the first day of impoundment, shall become the property of the Humane Society and may be placed for adoption in a suitable home or destroyed only by the use of one of the following methods:
         (a)   Sodium pentobarbital or a derivative of sodium pentobarbital.
         (b)   Nitrogen gas.
         (c)   T-61 euthanasia solution or its generic equivalent.
      (2)   If an animal is destroyed by means specified above, it shall be done by a licensed veterinarian or in accordance with procedures established by the state veterinarian pursuant to A.R.S. § 3-1213.
      (3)   A dog or cat that is at least six months of age shall not be released for adoption unless the dog or cat has been first surgically spayed or neutered, or unless the adopting owner agrees to have the animal spayed or neutered within 30 days from the date of adoption. In the case of dogs or cats that have not reached the age of six months, the adopting owner shall agree to have the animal spayed or neutered within 30 days from the date that the animal reaches six months of age. The Humane Society may require proof of the completion of the surgery.
      (4)   Upon redemption or adoption, any medical expenses or other costs and expenses incurred by the Humane Society shall be reimbursed to the Humane Society, and, in addition thereto, any medical expenses or other costs and expenses incurred by the town shall be reimbursed to the town, all through the redemption or adoption fee.
      (5)   Any animal abandoned by its owner in the custody of another or on public property or private property other than the animal’s owner, may be delivered to the Humane Society, at which time a reasonable attempt shall be made to determine and notify the owner of the animal’s impoundment. In the event the Humane Society is unable to ascertain the animal’s owner, or in the event that the owner is ascertained but fails to redeem the animal within 72 hours from notice of the impoundment, the animal may be disposed of in accordance with division (E)(1) of this section.
(`82 Code, § 6-2-10) (Ord. 500, passed 6-26-97; Am. Res. 2793, passed 8-14-14; Am. Ord. 854, passed 8-14-14) Penalty, see § 90.99
§ 90.24 RABIES CONTROL; QUARANTINE AND DESTRUCTION.
   (A)   Quarantine of unvaccinated dog or cat. Any unvaccinated dog or cat that bites any person shall be confined and quarantined for a period of not less than ten days. The quarantine period shall start on the day of the bite incident. If the day of the bite is not known, the quarantine period shall start on the first day of impoundment.
   (B)   Quarantine of properly vaccinated dog or cat. A dog or cat properly vaccinated that bites any person may be confined and quarantined at the home of the owner or wherever the dog or cat is harbored and maintained with the consent of and in a manner prescribed by the Animal Control Officer. The Animal Control Officer shall have the right to enter upon the owner’s premises to inspect the animal premises and cage for compliance with the quarantine procedure as described herein, and may remove the animal to the Humane Society or other appropriate location at any time when the Animal Control Officer determines that quarantine and confinement precautions taken by the owner are insufficient to protect the health, safety and welfare of the citizens of the town and surrounding areas.
   (C)   Quarantine of other domestic animals. Any domestic animal, other than a dog, cat, a caged or pet rodent or rabbit, that bites any person shall be confined and quarantined in a county pound or the Humane Society, or, upon the request and at the expense of the owner, at a veterinary hospital, for a period of not less than 14 days. Livestock shall be confined and quarantined for the 14-day period in a manner regulated by the Arizona Department of Agriculture.
   (D)   Wild animals. With the exception of a wild rodent or rabbit, any wild animal that bites any person or directly exposes any person to its saliva, may be killed and submitted to the Animal Control Officer or other law enforcement official for transport to an appropriate diagnostic laboratory. A wild rodent or rabbit may be submitted for laboratory testing if the animal has bitten a person and either the animal’s health or behavior indicates that the animal may have rabies or the bite occurred in an area that contains a rabies epizootic, as determined by local, county or state authorities.
   (E)   Report of bite. Whenever an animal bites any person, the incident shall be reported to the Animal Control Officer immediately by any person having knowledge thereof. It is unlawful for any person, other than the Animal Control Officer or other law enforcement officer in an emergency warranting such destruction, to destroy or dispose of any dog or other animal which has bitten any person or animal within a period of not less than ten days after such biting.
   (F)   Destruction of animal by consent.
      (1)   The Animal Control Officer or other law enforcement officer, county pound or town humane shelter may destroy any animal confined and quarantined pursuant to this section prior to the termination of the minimum confinement period for laboratory examination for rabies if the following conditions exist:
         (a)   The animal shows clear clinical signs of rabies.
         (b)   The animal’s owner consents to its destruction.
      (2)   The owner of the animal shall be responsible for the cost of such destruction and shall reimburse either the Humane Society or town therefor, whichever entity incurs the expense. In the event that the owner fails to so reimburse the proper entity as herein provided, that failure shall be deemed a violation of this chapter and shall be subject to enforcement under the terms hereof.
   (G)   Destruction of animal by court order.
      (1)   A duly licensed veterinarian shall destroy a vicious animal upon an order of a justice of the peace or town magistrate. A justice of the peace or town magistrate may issue such an order after notice to the owner, if the owner is known or can be located, and if the owner is located, after a hearing.
      (2)   The owner of the animal shall be responsible for the cost of destruction. In the event that either the Humane Society or town incurs any expense in connection with the destruction of an animal pursuant to court order, the owner of the animal shall reimburse the proper entity for the expense. In the event that the owner fails to so reimburse the proper entity as herein provided, failure shall be deemed a violation of this chapter and shall be subject to enforcement under the terms hereof.
   (H)   Delivery or pick-up of animal for impoundment and quarantine. The owner of any dog or other animal that has bitten a person may voluntarily deliver the dog or other animal to the Animal Control Officer at the Humane Society for the mandated quarantine period. The owner of the dog or other animal shall be responsible for the cost of maintenance, vaccination, licensing and any other costs as may be incurred during the quarantine period of the dog or other animal. In addition, should the owner of the dog or other animal fail to voluntarily deliver the dog or other animal and it becomes necessary for the Animal Control Officer to pick up the dog or other animal for quarantine, the owner thereof shall, in addition to any quarantine expenses, be responsible for the cost of picking up the dog or other animal.
   (I)   Disposition of animal following quarantine. Upon the failure of the owner of any quarantined dog or other animal to obtain release of the dog or other animal, the animal shall become the property of the Humane Society for disposition as provided in this section. Failure shall include failing to pay all charges and costs of quarantine on the tenth day of the quarantine period, including compliance with all licensing provisions herein by paying a current license fee if the dog is not currently licensed as required herein, as well as providing proof of compliance with all vaccination provisions herein within 15 days following the animal’s release from the Humane Society.
(`82 Code, § 6-2-11) (Ord. 500, passed 6-26-97; Am. Res. 2793, passed 8-14-14; Am. Ord. 854, passed 8-14-14) Penalty, see § 90.99
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