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Town of Oro Valley
Animal Control Code
Please Note:
Laws are always subject to change and may not be accurately reflected on this website, which was last updated on September 23, 2002. The text presented here is for informational purposes only. The viewer is responsible for contacting the source directly to verify the accuracy and timeliness of any information presented on this site.
Chapters:

I. Definitions
II. Prohibited Activities
A. Running at Large
B. Vaccinations/Licenses
C. Removal of Animal Wastes
D. Biting Animals
E. Abandonment/Neglect
III. Penalties/Sanctions
A. Civil Sanctions
B. Criminal Penalties
IV. Rules of Procedure
V. Authority of Animal Control Officer or Peace Officer
VI.Miscellaneous

ANIMAL CONTROL CODE
OF
THE TOWN OF ORO VALLEY

RESOLUTION NO. (R) 89-22

RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE TOWN CLERK ENTITLED THE "ANIMAL CONTROL CODE OF THE TOWN OF ORO VALLEY, ARIZONA", AND DECLARING AN EMERGENCY.

WHEREAS, the Town of Oro Valley wishes to establish an Animal Control Code;

NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA:

1. That certain document entitled the "Animal Control Code of the Town of Oro Valley", three (3) copies of which are on file in the office of the Town Clerk, is hereby declared to be a public record and said copies are ordered to remain on file with the Town Clerk.
2. Whereas it is necessary for the preservation of the peace, health and safety of the Town of Oro Valley, Arizona, an emergency is hereby declared to exist, and this resolution shall become immediately effective upon its passage and adoption.

PASSED AND ADOPTED by the Mayor and Council of the Town of Oro Valley, Arizona, this 24th day of May, 1989.

ORDINANCE NO. (0) 89-:15

AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, AMENDING ORDINANCE NO. (0) 89-13 BY PROVIDING A NEW EFFECTIVE DATE THEREOF, AND AUTHORIZING ONE AMENDMENT TO SECTION B (iii) OF THE ORO VALLEY ANIMAL CONTROL CODE ESTABLISHING A FEE FOR RABIES VACCINATIONS.

WHEREAS, the Town of Oro Valley wishes to enter into an Intergovernmental Agreement with Pima County for provision of animal control services; and
WHEREAS, due to intervening time constraints, the County will be unable to act upon said proposed Intergovernmental Agreement prior to August 1, 1989; and
WHEREAS, Pima County Animal Control is presently charging a fee for rabies vaccinations of eight dollars ($8.00); and
WHEREAS, it is in the safety, health and welfare interest of the residents of the Town of Oro Valley to provide for such fees;

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND TOWN COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA:
1. That Ordinance (0) 89-13 is hereby amended to allow for a new, effective date, and that effective date for Ordinance (0) 89-13, an ordinance of the Town of Oro Valley regulating animals within the Town of Oro Valley is hereby extended, and said ordinance shall become effective on August 15, 1989.
2. That Section B (iii) of the Animal Control Code of the Town of Oro Valley, adopted by Ordinance (0) 89-13 is hereby amended to read as follows:
The fee for rabies vaccinations at the Pima County Animal Control Center shall be eight do1lars ($8.00).

ORDINANCE NO. (0) 89-13

AN ORDINANCE OF THE TOWN OF ORO VALLEY, ARIZONA, RELATING TO ANIMAL CONTROL, ADOPTING THE ANIMAL CONTROL CODE OF THE TOWN OF ORO VALLEY BY REFERENCE AND ESTABLISHING THE EFFECTIVE DATE THEREOF AND ~ PROVIDING CRIMINAL PENALTIES' AND CIVIL SANCTIONS FOR THE VIOLATION THEREOF.

BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE TOWN OF ORO VALLEY, ARIZONA:

Section 1: That certain document known as the "Animal Control Code of the Town of Oro Valley", three (3) copies of which are on file in the office of the Town Clerk for the Town of Oro Valley which document was made a public record by Resolution No. (R) 89-22, of the Town of Oro Valley, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. The provisions thereof are to become effective thirty (30) days from the date of adoption of this ordinance.
Section 2: Penal ties. Any person found guilty of violating any criminal provision of the Animal Control Code of the Town -1 of Oro Valley shall be guilty of a misdemeanor, punishable by a fine up to $1,000.00, six (6) months in jail, three (3) years probation, or any combination thereof. Each day that a criminal violation continues shall be a separate offense punishable as herein described. Any person found responsible for violating any civil provision of this code shall be subject to a civil sanction of up to $250. Each day that a civil violation continues shall be deemed a separate offense.
Section 3: All ordinances and parts of ordinances in conflict with the provisions of this ordinance or any part of the code adopted herein by reference are hereby repealed, effective on the effective date of this ordinance.
Section 4: If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the code adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.

ORO VALLEY ANIMAL CONTROL CODE

I. DEFINITIONS

A. Animal means every non-human mammalian species of " animal, both domestic and wild.
B. At Large means an animal not under restraint.
C. Bite means any penetration of the skin by the teeth of any animal.
D. Biting Animal means any animal that bites, or otherwise injures human beings or other animals without provocation.
E. Collar means a band, chain, harness or suitable device worn around the neck of a dog to which a license may be affixed.
F. Dog means any member of the canine species.
G. Impound means the act of taking or receiving an animal into custody for the purpose of confinement at Pima County Animal Control Facility.
H. Leash or lead means a chain, rope, leather strap, cord or similar restraint attached to a collar or harness or otherwise secured around an animal's neck.
I. Licensed Dog means any dog having a current license.
J. Livestock means neat animals, horses, sheep, goats, swine, mules and asses.
K. Owner means any person owning, keeping, possessing, harboring, maintaining or having custody or otherwise having control of an animal within the Town limits.
L. Police Dog means any dog belonging to any law enforcement agency service dog unit.
M. Provocation means any behavior toward an animal or its owners or its owner's property which is likely to cause a defensive reaction by the animal.
N. Tie-out means a chain, leash, wire cable or similar restraint attached to a swivel or pulley.br> O. Under Restraint means an animal secured by a leash or lead and under control of a responsible person; or confined within a vehicle; or located upon the real property limits of its owners.
P. Vaccination means an anti-rabies vaccination using a type of vaccine approved by the State Veterinarian and administered by a state licensed veterinarian.

II. PROHIBITED ACTIVITIES

A. RUNNING AT LARGE
1. It shall be a civil infraction for any dog to run at large within the Town of Oro Valley and the owner of a dog at large may be cited for such violation. A person found responsible of a violation of this section shall be sanctioned in accordance with the provisions of §IIIA of this chapter.
2. Exceptions: Dogs, accompanied by and under the control of their owners, are exempt from §Al under the following circumstances:
a) While participating in dog training classes and while being exhibited or trained at a kennel club event.
b) While engaged in races approved by the Arizona Racing Commission.
c) A police dog at any time.
d) Guide dogs for the visually-impaired or other handicapped individuals utilizing guide dogs at any time.
3. Impoundment: A pima County Animal Control officer or other designated Town Enforcement Agent shall impound, or cause to be impounded, any dog running at large contrary to the provisions of this section. Upon the impounding of a licensed dog, the owner shall be immediately notified in person or by mail, and may reclaim such dog upon payment of all costs and charges incurred in impounding and maintaining said dog. Any licensed dog unclaimed within seven (7) days of its impoundment may be placed for adoption or humanely destroyed within the discretion of Pima County Animal Control. Any unlicensed dog unclaimed within three (3) days may be placed for adoption or humanely destroyed within the discretion of Pima County Animal Control.

B. VACCINATIONS/LICENSES

1. Vaccination Required:
It shall be a civil infraction. to own, keep, possess, harbor or maintain a dog over the age of four (4) months in the Town without having such dog vaccinated in accordance with the requirements of state statute, this Chapter and Pima County Animal Control Regulations.
2. License Required:
It shall be a civil infraction to own, keep, possess, harbor or maintain a dog over the age of four (4) months in the Town for more than thirty (30) days without having such dog licensed in accordance with the requirements of state statute, this Chapter and Pima County Animal Control Regulations.
3. Tag Required:
Every owner shall be required to provide each dog licensed by such owner with a collar to which the license tag must be affixed. It shall be the duty of such owner to see that the collar and tag are constantly worn by each dog. Failure to comply will be a civil infraction.
4. A person found responsible for a violation of §B1, §B2 or §:B3 shall be sanctioned in accordance with the provisions of §IIIA of this chapter.
5. Procedure:
(a) Vaccination certificate prerequisite to license: No license shall be issued for any dog until the owner has presented a vaccination certificate signed by a licensed veterinarian containing the information required by this Chapter.
(b) Vaccination type and fees:
(i) The type or types of anti-rabies vaccination that may be used for vaccination of dogs, the period of time between vaccination and revaccination, and the dosage and method of administration of the vaccine shall be in accordance with the rules and regulations designated by the state veterinarian as required by A.R.S. section 24-362, as amended.
(ii) The person causing a dog to be vaccinated shall demand and be given an official certificate certifying to the fact of such vaccination and the date thereof, stating the 'owner's name and address and giving a brief description of the dog, date of vaccination and type thereof, manufacture and serial number of the vaccine used, and the date revaccination is due.
(iii) The fee for rabies vaccinations at the Pima County Animal Control center shall be six (6) dollars ($6.00).
(c) Vaccination other than in Pima County:
A dog vaccinated in any area outside of the county prior to entry into the town may be licensed in this town, provided that, at the time of licensing, the owner of such dog presents a vaccination certificate signed by a duly licensed veterinarian; and the certificate shall contain the information required by this article, and the regulations promulgated thereunder.
(d) License fees:
(i) No license shall be issued until the payment of a license fee of five dollars ($5.00) has been made.
(ii) Exceptions:
(a) The license fee for all unneutered dogs less than ten (10) years old and medically able to . undergo neutering shall be fifteen dollars ($15.00) except for those dogs owned by persons licensed in the business of dog breeding. Any person who has paid the fifteen dollar ($15.00) license fee who presents a certificate from a veterinarian showing that a dog has subsequently been neutered shall be entitled to a rebate of ten dollars ($10.00).
(b) The license fee for persons 65 years old or more shall be three dollars ($3.00) for neutered dogs and eight dollars ($8. 0.0) for unneutered dogs. Any person who has paid the eight dollar ($8.00) license fee who presents a certificate from a veterinarian showing that a dog has subsequently been neutered shall be entitled to a rebate of five dollars ($5.00).
(c) A guide dog belonging to a blind person, or a , hearing ear dog belonging to a deaf person, or a certified "Handi-Dog" shall be licensed pursuant to this article without payment of a fee,
(d) Each dog license fee which is not paid when due as provided by §IIB(2) or upon expiration of a license previously issued under the Chapter is delinquent, and there shall be added to such fee, and collected in addition thereto, a penalty of two dollars .($2.00).
(e) Application for license and records: At the time application is made for a license, the owner shall provide his name and address, and the name, breed, age, color and sex of each dog licensed by owner. Pima County Animal Control shall keep a register of all dogs licensed and any other records necessary for the enforcement of this article.
(f) Issuance, contents of tags: Upon issuance of a license it shall be the duty of Pima County Animal Control to issue a tag for each dog so licensed. Upon each tag for each dog so licensed shall be inscribed the name of the city or county, the number of the license, and the date, it expires.
(g) Duplicate license tags: Whenever a dog license tag is lost, a duplicate license tag will be issued upon application by the owner and the payment of three dollars ($3.00) to Pima County Animal Control.
(h) Transfer of Licenses: 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 three dollars ($3.00) shall be charged to transfer any license.
6. Exceptions:
(a) Dogs in the following circumstances need not wear a collar with a tag provided that they are properly vaccinated and licensed:
(1) While being exhibited at an American Kennel Club approved show.
(2) While engaged in races approved by the Arizona Racing Commission.
(3) A police dog at any time.
(b) §2 shall not apply to a. nonresident keeping a dog within the Town for not longer than thirty (30) days, provided the dog is licensed elsewhere.
7. Impoundment: If a dog is impounded and found to be unvaccinated, Pima County Animal Control is hereby authorized to cause such dog to be vaccinated at the pound at a cost to be borne by the owner. The vaccination shall be performed by a licensed veterinarian, who shall issue a certificate of vaccination.

C. REMOVAL OF ANIMAL WASTE

1. It shall be a civil infraction for the owner of any dog to fail to immediately remove and dispose of in a sanitary manner any solid waste deposited by such dog on public property.
2. It shall be a civil infraction for the owner of any dog 1 to allow such dog to deposit solid waste upon any private property without the consent of the owner or the person in control of the property.
3. A person found responsible for a violation of §C1 or §C2 shall be sanctioned in accordance with the provisions of §IIIA of this chapter.
4. Exceptions: This article shall not apply to:
(a) blind persons
(b) persons with mobility disabilities (c) police officers or other law enforcement officers accompanied by police dogs while on emergency
5. However, nothing in this section or code shall be deemed to permit or otherwise allow any violation of any applicable state, county or town ordinances including health code and nuisance regulations.

D. BITING ANIMALS

1. The owner of any animal that bites or otherwise injures human beings or other animals is guilty of a misdemeanor.

2. It is unlawful for any person to fail to comply with an order of a Town Magistrate regarding a biting animal. Such offense is a misdemeanor and it is a separate offense for each day that such person fails to comply with the Magistrate's order.

3. A violation of §Dl or §D2 is punishable in accordance with the provisions of §IIIB of this chapter.

4. Misdemeanor Compromise: A violation of §Dl of this section may be misdemeanor compromised pursuant to the procedures set forth within Arizona Revised Statute §13-3981. The recommendation of the Town Prosecutor's Office will be necessary before such arrangement can be entered into.

5. Order to ShowCause/Biting Animal:

(a) A Pima County Animal Control Officer or other designated Town Enforcement Agent upon determining that any animal within the Town limits is a "biting animal", and is an immediate danger to the safety or any person or other animal, may impound the animal immediately.
(b) Within ten (10) days of the date of impoundment, a Town Magistrate shall conduct a hearing as described in subsection (c) below.
(c) The Oro Valley Magistrate Court, for good cause shown in a petition filed by the Town Prosecutor's Office, shall order that an Order to Show Cause Hearing be held, at which time the owner shall appear and show cause why the animal should not be declared a "biting animal" and sanctions be ordered pursuant to §5(e).
(d) The owner of-the animal shall be notified of this hearing by the Court. Upon proof of such notification, such hearing may proceed in the owner's absence.
(e) Sanctions: Upon the declaration of an animal as a "biting animal", a Town Magistrate may order one '- or more of the following:
(i) That the animal shall be kept in an enclosure that is high enough so that the animal cannot bite, harm, or injure anyone outside the enclosure; that the enclosure and property whereon it is located shall be posted with conspicuous warning signs; and that at no time shall the animal leave the enclosure unless it is muzzled, leashed and under the control of an adult human being; or
(iii) That the animal' be banished from the town limits of the Town of Oro Valley; or
(iii) That the animal be humanely destroyed; or
(iv) That the animal be spayed or neutered at the owner's expense; or
(v) Restitution up to one thousand dollars ($1,000.00) may be ordered made by the owner to the victim. This remedy shall not abridge any civil cause of action by the victim.

6. Defenses: It shall be an affirmative defense to §D1, §D2 or §D5(c) if either:
(a) Provocation existed at the time of the bite; or
(b) The dog is a police dog under the command of its trainer.

E. ABANDONMENT /NEGLECT

1. Abandonment: It is unlawful for any owner of an animal to leave such animal in any location for more than forty-eight (48) hours without providing for that animal's care and well-being. The requisite intent to abandon for more than forty-eight (48) hours may be shown by proving-that 1) the owner has left the animal in an abode that is not presently occupied; or 2) the owner released the animal out of a vehicle onto public or private property without making arrangements for its care. Such offense is a misdemeanor.
2. Cruelty: It is unlawful for any person to torture, cruelly beat or kick, mutilate, cruelly injure, or cruelly or unlawfully kill an animal or to cause or allow an animal to be tortured, cruelly beaten or kicked, mutilated, cruelly injured, or cruelly or unlawfully killed. Such offense is a misdemeanor.
3. Failure to Render Aid: It is unlawful for any person to accidentally or otherwise hit and injure an animal with an automobile or other vehicle and to leave without making a reasonable effort to obtain aid or to render aid and assistance in the care of such animal.
4. Neglect: It is unlawful for any owner of any animal to fail to comply ,with the following:
(a) Daily provide the animal with food that is of sufficient quantity and nutritive value to maintain the animal in good health.
(b) Provide potable water that is accessible to the animal at all times.
(c) Provide access to natural or artificial shelter to the animal throughout the year. Such shelter must be maintained in good repair to protect the animal from injury and the elements and must be of sufficient size to permit the animal to enter, stand, turn around and lie down in a natural manner. Livestock are not included in this section.
(d) Provide the animal with care and medical treatment for injuries, parasites and diseases, sufficient to maintain the animal in good health and minimize suffering.
(e) Provide the animal with adequate exercise space.
(f) If the animal is on a tie out, the tie out must consist of a chain, leash, wire cable or similar restraint attached to a swivel or pulley. Tie out collars shall not be of a choke type. The tie out shall be located so that it cannot be entangled with other objects, or caught on objects such as fences or walls. No tie out shall employ a restraint which is less than ten (10) feet in length.
(g) Provide the animal with adequate ventilation and - protection from temperature extremes at all times. It is unlawful for any person to keep any animal in a vehicle or other enclosed space in which the temperature is either so high or so low, or the ventilation is so inadequate as to endanger the animal's life or health.
Such failure to comply with any of the above subsections is a misdemeanor. 5. A violation of §El, §E2, §E3 or §E4 is punishable in accordance with the provisions of §IIIB of this chapter.
6. Order to Show Cause Abandonment/Cruelty/Neglect
(a) Impoundment/Criminal Violation - If a peace officer, or Pima County Animal Control officer has issued a citation for a violation of §E1, §E2, §E3 or §E4 of this article, or of Arizona Revised statutes §13-2910, and reasonably believes that the violation will continue, the officer is hereby authorized to remove and impound the animal.
(b) Impoundment/Exigent Circumstances - Any peace officer or Pima County Animal Control officer is hereby authorized and empowered to remove and impound any animal in plain view and suffering from immediate life threatening exigent circumstances.
(c) Costs - The owner of any animal removed and impounded under the provisions of subsections (a) and (b) above shall be liable for any impoundment, boarding or veterinarian fees incurred in connection therewith.
(d) Hearing -
(i) Within ten (10) days of any impoundment pursuant to §6(a) or §6(b) of this article, the owner of the animal may file a petition in Oro Valley Magistrate Court for an order to show cause why the animal should not be returned to the owner pending the outcome of the complaint.
(ii) At the hearing on the order to show cause, the Town Magistrate, upon a finding by a preponderance of the evidence that (1) there are reasonable grounds to believe that the prohibited treatment of the animal will continue or, (2) the owner willfully or through gross negligence caused or allowed to be caused pain, suffering or serious injury to the animal; shall order the animal retained by the Pima County Animal Control pending the outcome of the complaint.
(iii) If the owner fails to appear at the O.S.C. or if no petition is filed within ten (10) days, the Pima County Animal Control Center may place the animal up for adoption or dispose of it in as humane a manner as possible.

III. PENALTIES/SANCTIONS

A. CIVIL SANCTIONS

A person found responsible for a violation of the prohibited activities in sections IIA, IIB and IIC shall be sanctioned by the Magistrate or hearing officer as follows:
(1) For a first violation within a 12-month period, a fine of not less than twenty~five dollars ($25.00) nor more than two hundred fifty dollars ($250.00).
(2) For a second violation within a 12-month period, a fine of not less than seventy-five dollars ($75.00) nor more than two hundred fifty dollars ($250.00).
(3) For a third or subsequent violation within a 12- month period, a fine of not less than two hundred dollars ($200.00) nor more than two hundred fifty dollars ($250.00).
(4) Default - any individual having received a notice of violation and failing to appear at the hearing time designated in the notice of violation, or time designated for hearing by the Court, shall be deemed to have admitted the allegations of the complaint, and the Court shall enter judgment for the State and impose a civil sanction in accordance with the provisions of this sanction.
(5) In the event of any penalty ordered to be paid by the Court or forfeited pursuant to default is not paid within thirty (30) days of the Magistrate's order, appropriate civil proceedings both legal and equitable may be instituted by the Town Attorney in order to enforce the administrative order. In addition, the Magistrate may institute judicial proceedings as provided by law to collect said penalty. All penalties collected pursuant to this section shall be paid to and become the property of the Town of Oro Valley.

B. CRIMINAL PENALTIES

A person found guilty for a violation of the prohibited activities in sections IID and IIE shall be penalized by the Magistrate as follows:
(1) By a fine of up to one thousand dollars ($1,000.00), six (6) months in jail, three (3) years probation or any combination thereof.

IV. RULES OF PROCEDURE

All civil proceedings under §IIA, IIB and IIC shall be governed by the Rules of Procedure in Civil Traffic Violation Cases 17(A) A.R.S.

V. AUTHORITY OF ANIMAL CONTROL OFFICER OR PEACE OFFICER

A. ENFORCEMENT - Any Pima County Animal Control Officer or other designated Town Enforcement Agent is hereby authorized and empowered to enforce the provisions of this chapter and to issue citations for violations thereof. Pima County Animal Control shall have primary responsibility for the enforcement of this chapter.

B. USE OF FORCE - With respect to §IIE(4) (g), any peace officer or pima County Animal Control Officer is authorized to use whatever force is reasonable and necessary to remove any animal from a vehicle or other enclosed space whenever it appears that the animal's life or health is endangered by extreme temperatures or lack of ventilation. No Pima County Animal Control Officer or other designated Town Enforcement Agent shall be liable for damages to property caused by the use of reasonable force to remove an animal from such a vehicle or other enclosed space under such circumstances.

VI. MISCELLANEOUS

A. SEVERANCE CLAUSE.

If'any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof.

SOURCE: Town of Oro Valley
Please Note:
Laws are always subject to change and may not be accurately reflected on this website, which was last updated on September 23, 2002. The text presented here is for informational purposes only. The viewer is responsible for contacting the source directly to verify the accuracy and timeliness of any information presented on this site.
   

 
 

 

 

 

 

 

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