Section
Animals, Dogs, Cats, and Domestic Fowl
90.01 Definitions
90.02 Licensing of dogs; fees; exemptions
90.03 Tag and collar
90.04 Running at large prohibited
90.05 Dangerous or vicious animals
90.06 Impoundment, notification and proper care
90.07 Redemption of impounded animal; fees
90.08 Disposition of nonreclaimed or unwanted animals; euthanization
90.09 Animal adoption
90.10 Unlawful public sale of animals
90.11 Standards on domesticated fowl
Rabies Control
90.20 Animal that bites or exhibits symptoms of rabies; procedure
90.21 Emergency powers of Mayor
City to be Held Harmless
90.30 City to be Held Harmless
Humane Treatment
90.40 Cruelty, abuse and neglect
90.41 Authority to remove, inspect and/or impound
Administration and Enforcement
90.50 Animal Control Officer shall enforce; interference with officer prohibited
90.51 Record-keeping requirements
90.99 Penalty
Statutory reference:
Authority to control animals, impound animals, and prevent running-at-large of animals, see A.R.S. § 9-240(B)(16)
ANIMALS, DOGS, CATS, AND DOMESTIC FOWL
For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ANIMAL. Any living species of mammal, bird, amphibian or reptile.
ANIMAL CONTROL OFFICER. The City Animal Control Officer and/or his or her designee, acting under the direction of the Chief of Police, and whose duties include the enforcement of this chapter.
ANIMAL SHELTER. An establishment authorized and maintained by the city for the confinement, maintenance, and safekeeping of animals which come into the custody of the Animal Control Officer.
AT LARGE. Any animal shall be deemed to be AT LARGE when it is off the premises of the owner, and not under the direct control, custody, charge, or possession of the owner, or other responsible person designated by the owner, either by substantial leash, chain, rope, or cord.
BITE. Any penetration of the skin by the teeth of any animal.
CRUELTY, ABUSE AND NEGLECT. Cruelty, abuse and neglect as used in this chapter shall mean, every act, omission, or neglect whereby unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue when there is reasonable remedy or relief. CRUELTY, ABUSE AND NEGLECT shall include but not necessarily be limited to the following:
(1) Any person who maliciously or negligently kills, maims or wounds an animal which is the property of another; or
(2) Any person or entity, having charge or custody of an animal as owner or otherwise, who: overdrives, overloads, drives when overloaded, overworks; tortures, torments, cruellybeats, mutilates, or cruelly kills an animal; deprives the animal of necessary sustenance, drink or shelter; inflicts unnecessary cruelty upon the animal, or, in any manner abuses an animal; cruelly drives, rides, or otherwise uses the animal when unfit for labor; abandons, drops, or leaves an animal on a street, road or highway, in a public place or on private property with the intent to abandon; or fails to claim an animal from a boarding facility or veterinarian within ten days of the date a registered letter is sent to the person from the boarding facility or veterinarian requesting that the owner reclaim the animal.
DANGEROUS ANIMAL. See VICIOUS ANIMAL.
DOMESTIC FOWL. For the purpose of this code, domestic fowl shall be limited to female chickens (hens) and ducks of either gender.
FERAL ANIMAL. Untamed or wild animal.
IMPOUNDMENT. The taking of an animal into custody by the Animal Control Officer or by a Police Officer.
OWNER. Any person owning, keeping, possessing, harboring, maintaining, or having custody or otherwise having control of an animal within the city.
PET STORE. A commercial establishment that engages in a profit business of selling at retail cats, dogs or other animals, but does not include commercial livestock operations and commercial livestock auction markets. Pet store does not mean a publicly operated pound or a private, charitable not for profit humane society or any animal adoption activity that a pound or humane society conducts off site at any pet store or other commercial enterprise.
PROVOCATION. Any behavior toward an animal or its owner which is likely to cause a defensive reaction by the animal.
PUBLIC NUISANCE ANIMAL. Any animal that unreasonably annoys humans or substantially interferes with the rights of citizens, other than their owner, to the enjoyment of life or property. PUBLIC NUISANCE ANIMALshall mean and include, but is not limited to, any animal that:
(1) Damages the property of anyone other than its owner.
(2) Molests, intimidates, or injures pedestrians or passersby.
(3) Chases vehicles.
(4) Makes excessively disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored.
(5) Defecates on any public property or on any private property that is not owned by the owner of the animal. It shall not be a violation of this section if the animal owner removes the defecation in a prompt and sanitary manner.
(6) Roams at large, travels or wanders over or through on the property of another without the permission from the owner of that property.
QUARANTINE. The confinement of any animal, for observation, in a place designated and for a time specified by the Animal Control Officer in accordance with A.R.S. Title 11 State Law and/or State Health Department guidelines.
SECURE ENCLOSURE. Is an enclosure that meets the following guidelines:
(1) It will be of sufficient size to provide the animal with the appropriate exercise space and shall be constructed in such a manner to minimize the risk of injury.
(2) The enclosure shall be constructed to include a cover of a material strong enough to prevent the animal from escape.
(3) It will contain a floor or footing that will prevent the animal from escape.
(a) The floor will be made from concrete, cement, or of blocks or bricks set in concrete; or
(b) The footing will be made of concrete or block that starts at the ground level and is at least one foot in depth.
UNCONFINED. While on the premises of its owner or other responsible person having charge, care, custody, or control, the animal is not within a secure enclosure, or the owner's building.
VETERINARIAN. A person duly licensed and registered to practice veterinary medicine in the state.
VICIOUS ANIMAL. Any animal that has a propensity to attack, that bites, attempts to bite, endangers, injures or causes an injury to a human being(s) or other animal(s) without provocation, or has been declared so after a hearing by a City Magistrate, or Justice of the Peace, who makes the determination based upon injury or intimidation.
(‘76 Code, § 6-1-1) (Ord. 786, passed 9-24-87; Am. Ord. 936, passed 10-28-93; Am. Ord. 938, passed 2-24-94; Am. Ord. 1030, passed 3-27-97; Am. Ord. 1077, passed 10-8-98; Am. Ord. 2005-022, passed 11-22-05; Am. Ord. 2010-001, passed 1-14-10; Am. Ord. 2018-006, passed 4-12-18)
(A) The city shall establish and publish an Animal Control Fee Schedule by Resolution. The schedule shall be kept on file with the City Clerk.
(B) No person shall own, keep, or harbor any dog within the city limits unless the dog is licensed and appropriate fees paid.
(C) Before application for a city dog license is made, the owner must present a rabies vaccination certificate signed by a licensed veterinarian, stating the dog owner's name and address, the dog's description, the date of vaccination, the type, serial number, and manufacturer of the vaccine used, and the date for revaccination.
(D) A dog license application shall be made to the City Clerk or a designee, for all dogs more than four months of age, that are owned, kept, or harbored within the city for a period of more than 30 days.
(E) A dog license application shall contain the name and address of the dog owner, and the name, breed, color, age, and sex of the dog.
(F) Dog licenses are valid for a one-year period from January I through December 31 of each calendar year but may be issued for up to three years. Applications for dog licenses may be made 90 days prior to the start of the licensing year and the license shall expire on the last day of the year.
(G) Any application made for more than one year entitles the applicant to a discount based on the approved fee schedule for each year beyond year one.
(H) Dog licenses shall not be issued beyond the expiration of a rabies vaccination certificate.
(I) Any person who fails to make application within 15 days after receiving written notification from the Animal Control Officer, to obtain a license for a dog required to be licensed, will be in violation of this section.
(J) The license fee shall be paid to the city at the time the application is made.
(K) Upon receipt of the license fee by the city, the applicant shall be given a numbered receipt and a numbered metallic tag.
(L) Any dog that is registered as an "assistive or service animal" and which provides actual assistance to a qualified disabled person is exempt from these fees. The applicant may be required to provide such documents as may be necessary to demonstrate proof of the disability as well as the qualifications and certifications of the dog.
(M) Applicants who are 62 or more years of age shall be entitled to a Senior Discount. The amount of the discount is articulated in the Animal Control Fee Schedule. No more than four dogs per household shall be licensed at this rate.
(N) A current or valid license issued by any government entity other than the City of Sierra Vista shall not eliminate the need for the licensing requirements of this chapter.
(O) In the event a dog license tag is lost, a replacement tag shall be issued upon payment of the established fees.
(P) The applicant will be assessed a penalty as established by the Animal Control Fee Schedule, for any application filed 90 or more days beyond the end of the license's year of expiration or for any application received more than 15 days following receipt of a notice of violation as required in subsection J of this section. No penalty shall be assessed if the dog was not subject to licensing within the previous 90 days.
('76 Code, § 6-1-3) (Ord. 786, passed 9-24-87; Am. Ord. 936, passed 10-28-93; Am. Ord. 938, passed 2-24-94; Am. Ord. 1030, passed 3-27-97, Am. Ord. 1077, passed 10-8-98; Am. Ord. 2005-022, passed 11-11-05; Am. Ord. 2010-001, passed 1-14-10) Penalty, see § 90.99
(A) Annual tags. Upon complying with the provisions of § 90.02 of this chapter, there shall be issued to the owner a numbered metallic tag, stamped with the number and the year of expiration. The shape or design of the tag shall be changed from year to year.
(B) Tag to be worn at all times; exception. Every owner is required to see that the tag is securely fastened to the dog's chain, collar, or harness which must be worn by the dog at all times unless the dog, accompanied by owner, is engaged in hunting or other sport where a collar might endanger the dog's safety or the dog is participating in any event sanctioned by the American Kennel Club.
(C) Vaccination of cats; tag required. Every owner is required to vaccinate his or her cat against rabies and is required to ensure that the tag is securely fastened to the cat's collar or harness, which must be worn by the cat at all times. As an alternative to collars, dog/cat owners may choose to use an implant or tattoo as the means of identification.
(D) It shall be a violation:
(1) For any person to counterfeit or attempt to counterfeit an official dog or cat tag;
(2) To remove a dog or cat tag from any dog or cat for the purpose of willful and malicious mischief; or
(3) To knowingly place a specific dog or cat tag upon another dog or cat, unless that tag was issued for that particular dog or cat.
('76 Code, § 6-1-4) (Ord. 786, passed 9-24-87; Am. Ord. 936, passed 10-28-93; Am. Ord. 938, passed 2-24-94; Am. Ord. 1030, passed 3-27-97; Am. Ord. 1077, passed 10-8-98; Am. Ord. 2005-022, passed 11-11-05; Am. Ord. 2010-001, passed 1-14-10) Penalty, see § 90.99
Every person having charge, care, custody, or control of any dog of any age shall keep that dog exclusively upon his or her own premises. However, the dog may be off of the premises while under the control, custody, charge, or possession of the owner, or other responsible person, and restrained by a substantial chain, leash, rope, or cord of sufficient strength to enable the person to control the dog.
('76 Code, § 6-1-5) (Ord. 786, passed 9-24-87; Am. Ord. 936, passed 10-28-93; Am. Ord. 938, passed 2-24-94; Am. Ord. 1030, passed 3-27-97; Am. Ord. 1077, passed 10-8-98; Am. Ord. 2005-022, passed 11-11-05; Am. Ord. 2010-001, passed 1-14-10) Penalty, see § 90.99
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