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(A) The owner of any animal or person have the custody or control of any animal shall be responsible for cleaning up any feces of the animal and disposing of such feces in a sanitary manner on a weekly basis, at a minimum, and when on the property of others or on public property.
(B) The owner or person having custody of the dog or other animal, while on public property or the property of another, shall have a plastic bag or other such container in his or her possession for picking up the animal’s feces and must clean up the feces immediately and dispose of it in a sanitary manner.
(Ord. 919, passed - -2011) Penalty, see § 90.99
(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADEQUATE SHELTER.
(a) For dogs that are restrained in any manner outdoors, shade by natural or artificial means to protect the dog from direct sunlight at all times when exposure to sunlight is likely to threaten the health of the dog; and
(b) For all dogs that are left outdoors in inclement weather, a housing facility, which must:
1. Have a water-proof roof;
2. Be structurally sound with insulation and ventilation appropriate to local climatic conditions and sufficient to protect the dog from inclement weather and be adequate to protect the animal from exposure below 50°F or above 85°F;
3. Be constructed to allow each dog adequate freedom of movement to make normal postural adjustments, including the ability to stand up, turn around and lie down with its limbs outstretched; and
4. Allow for effective removal of excretions, other waste material, dirt and trash from the hosing facility and the area immediately around the facility.
DOGS THAT ARE LEFT OUTDOORS. Dogs that are outdoors in inclement weather without ready access to, or the ability to enter, a house, apartment building, office building or any other permanent structure.
INCLEMENT WEATHER. Weather conditions that are likely to adversely affect the health or safety of the dog, including, but not limited to, rain, sleet, ice, snow, wind or extreme heat and cold.
(B) Regulations.
(1) Any person who owns or has custody or control of a dog that is left outdoors shall provide it with adequate shelter appropriate to its breed, physical condition and the climate.
(2) Nothing in this section shall prevent the seizure of a dog for a violation of this section pursuant to the authority granted in this chapter. A dog may be seized for a violation of this section even if the dog is healthy and unharmed.
(C) Impounding of dogs. Upon the impounding of any dog or other animal, the enforcement agent shall immediately give the owner or custodian notice of the impounding, either personally or by certified mail, addressed to the owner or custodian’s last known address if the owner or custodian is known or can be ascertained by reasonable investigation.
(Ord. 919, passed - -2011; Ord. 960, passed - -2017) Penalty, see § 90.99
(A) Except as otherwise provided, any person violating any of the provisions of this chapter shall be deemed guilty of a Class 3 misdemeanor. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punished as such hereunder. For a second conviction under this chapter, the Court shall impose a fine in an amount not less than $79. For a third conviction under this chapter, the Court shall impose a fine in an amount not less than $179. For a fourth conviction under this chapter, and every conviction thereafter, the Court shall impose a fine in an amount not less than $236.
(B) Any violation of § 90.03 of this chapter shall be a Class 1 misdemeanor. In addition to any fine which might be assessed, the City Magistrate may issue an order to the county’s animal enforcement agent to destroy the vicious dog or animal in accordance with A.R.S. § 11-1014G.
(C) (1) Any person who knowingly violates the provisions of § 90.11 of this chapter shall be guilty of a violation, punishable by a fine of not less than $75 for a first offense, and a fine of not less than $100 for a second and subsequent offenses. Beginning 72 hours after a charge of violating § 90.11 of this chapter, each day that a defendant fails to correct the deficiencies in the dog shelter for a dog that he or she owns or that is in his or her custody or control and that is left outdoors, so as to bring it into compliance with the provisions of § 90.11 of this chapter, shall constitute a separate offense.
(2) The Court may, in its discretion, reduce the amount of any fine imposed for a violation of § 90.11 of this chapter by the amount which the defendant proves he or she has spent providing a dog shelter or repairing an existing dog shelter so that it complies with the requirements of § 90.11 of this chapter.
(Ord. 919, passed - -2011; Ord. 960, passed - -2017)