CHAPTER 5-3: ANIMALS AND FOWL

SECTIONS:

5-3-1:    REGULATION OF ANIMALS:

5-3-2:    RUNNING AT LARGE PROHIBITED:

5-3-3:    NUISANCES:

5-3-4:    SANITARY REGULATIONS:

5-3-5:    COMMERCIAL STABLES; PERMIT:

5-3-6:    USE OF CITY RIGHT-OF-WAY:

5-3-7:    REGISTRATION AND LICENSE EXEMPTIONS:

5-3-8:    FAILURE TO RENDER AID:

5-3-9:    HARBORING LOST ANIMALS:

5-3-10:    KEEPING WILD ANIMALS:

5-3-11:    IMPOUNDMENT; NOTICE; COST:

5-3-12:    DISPOSAL OF ANIMALS:

5-3-13:    PENALTIES:

5-3-14:    LIABILITY FOR DAMAGE OR DESTRUCTION CAUSED BY ANIMALS:

5-3-15:    EXEMPTIONS AND EXCEPTIONS:

5-3-16:    OUTDOOR FEEDING AND PROTECTION OF WILDLIFE:

5-3-1 REGULATION OF ANIMALS:

(A)

1. Within the city limits, for each parcel of real property containing not less than one-half (1/2) acre of land, two (2) head of livestock may be maintained thereon, and one additional head of livestock may be maintained for each additional one-half (1/2) acre of land. (amd. Ord. 3050, eff. 2-25-1993)

2. That portion of a parcel on which the livestock is to be kept or maintained shall be separated from any human dwelling areas or habitats and enclosed as follows:

(a) The portion of the parcel upon which the livestock is kept or maintained must be entirely fenced or enclosed by an appropriate structure to contain said livestock; and (amd. Ord. 3050, eff. 2-25-1993)

(b) Any fenced areas or enclosures required pursuant to the foregoing subsection, and which are constructed after the effective date of this subsection, must be at least fifty feet (50’) from any dwelling house on the parcel of real property upon which the livestock is located, shall be at least one hundred feet (100’) from any existing dwellings of adjacent property owners, and shall be at least fifty feet (50’) from the property line upon which the fence or enclosure is constructed. (amd. Ord. 3050, eff. 2-25-1993)

(c) The minimum size of the actual enclosure and/or structure in which the livestock are housed shall be no less than six hundred (600) square feet for one head of livestock. If additional livestock are sharing the same enclosure and/or structure, an additional three hundred (300) square feet per additional head of livestock is required. If there are separate enclosures and/or structures for additional livestock, each individual enclosure and/or structure must be at least six hundred (600) square feet per head of livestock. Enclosures include the living area for livestock, including, but not limited to, fenced areas, barns and other structures for the housing of livestock. (amd. Ord. 3050, eff. 6-1-1993)

(d) Any fence or enclosure required herein must comply with all applicable zoning, building, engineering and other city requirements, codes and regulations. (amd. Ord. 3050, eff. 2-25-1993)

3. The owner or person in possession of livestock shall own or lease the land upon which the livestock are kept or maintained.

4. Livestock, as used in this chapter, includes but is not limited to, horses, ponies, mules, sheep, goats, cattle and other meat animals.

5. Animals, as used in this chapter, is inclusive of livestock, fowl, birds, rodents, domestic or wild animals owned by or under the control or dominion of a person or persons. (Ord. 687, 11-9-1964)

6. Parcel, as used in this chapter, is defined as set forth in section 11.2 of the Prescott land development code (lot or plot). (Ord. 4449, 1-11-2005)

(B) (Rep. by Ord. 3250, eff. 9-22-1994)

(C) (Rep. by Ord. 3250, eff. 9-22-1994)

(D) (Rep. by Ord. 3250, eff. 9-22-1994)

(E) No swine or roosters shall be kept or maintained within the city limits. Notwithstanding this subsection, pet pigs shall be allowed within the city limits, provided that such pet pigs shall be limited to two (2) pet pigs per household, each pig not to exceed one hundred (100) pounds in weight.

(F) Any mother animal covered by this Chapter and her offspring shall be declared one (1) head of livestock until her offspring is weaned.

(G) All owners or livestock shall allow an inspection by an Animal Control Officer of the premises in which the livestock are kept or maintained by an Animal Control Officer, during reasonable hours, to investigate complaints received regarding alleged violations of City and State Code.

5-3-2 RUNNING AT LARGE PROHIBITED:

Fowl, birds, rodents, rabbits, ferrets, pet pigs, livestock, hybrid dogs, or wild animals owned or controlled by humans shall be physically secured within the owner’s property and shall not be at large, unless that animal is under the immediate physical control of a human by means of a leash or other physical restraint. In the event that any of the foregoing animals are on a leash on the owner’s property, said leash must not be less than eight (8) feet in length (unless a short leash is required pursuant to City Code, Section 5-2-7). (amd. Ord. 3025, eff. 11-12-92)

5-3-3 NUISANCES:

(A) The keeping of any animals, including but not limited to, fowl, birds, rodents, rabbits, ferrets, pet pigs, livestock, domestic or wild animals whatsoever, which shall annoy or disturb the peace, comfort or health of the neighborhood, or any person within the boundaries of the City, shall constitute a nuisance, and shall be punishable as prescribed in Section 5-3-13.

(B) Every person having, maintaining or keeping any animals, including but not limited to, fowl, birds, rodents, livestock, or domestic or wild animals shall at all times keep and maintain the premises upon which such animals are located, so covered, enclosed, protected, cleaned, drained and disinfected so that no offensive or noxious gases or odors may or shall emanate therefrom, the odor of which would be detectable from adjoining property, and any such premises which are not at all times kept and maintained so covered, enclosed, protected, cleaned, drained and disinfected, or which are allowed to become a breeding place for flies, mosquitoes or other insects, or to become offensive or noxious to the residents in the immediate neighborhood, family or person, are hereby declared to be unsanitary and a nuisance and subject to summary abatement and/or the penalties provided for in Section 5-3-13.

5-3-4 SANITARY REGULATIONS:

The premises upon which any animals, including but not limited to, fowl, birds, rodents, rabbits, ferrets, pet pigs, livestock, domestic or wild animals subject to this chapter are kept, shall be maintained in a sanitary condition and subject to inspection and regulation by the City, which shall have the right of entry upon private property at reasonable times for the purposes of inspection hereunder.

(A) The sanitary regulations for the keeping of chickens, fowl, birds, rodents, rabbits, ferrets and pet pigs is more fully described as follows:

(1) Droppings must be removed from open pens or enclosures at least once weekly.

(2) Adequate fly-tight containers approved by the Yavapai County Health Department or by a Prescott Animal Control Officer for the storage of excreta must be provided unless the droppings are completely removed from the property upon which the pens or enclosures are located at least once weekly.

(3) Water and feed troughs must be provided. All water tanks or troughs must be water tight and must contain a sufficient amount of water at all times suitable from a health and sanitary aspect for consumption by animals.

(4) Feeding vegetable or meat waste or garbage shall be exclusively in containers or on an impervious platform.

(B) The sanitary regulations for keeping of livestock and all other domestic and wild animals is more fully described as follows:

(1) Manure must be completely removed from stables, stable yards and other animal enclosures at least once weekly, and placed in adequate fly-tight containers, or removed to outside of the City limits or to a landfill within the City limits in which disposal of same is permitted.

(2) Fly-tight containers must be approved by the Yavapai County Health Officer or by a Prescott City Animal Control Officer for the storage of manure.

(3) No mound storage of animal droppings or manure will be permitted; this shall not preclude, however, retaining nominal amounts of animal droppings or manure to be used for fertilizer purposes on that person’s property, provided that said mounds do not create a nuisance pursuant to Section 5-3-3 of this code.

(4) Drinking troughs or tanks must be provided with adequate overflow drainage to prevent saturation of the surrounding soil. Water and feed troughs must be provided. All water tanks or troughs must be water tight and must contain a sufficient amount of water at all times suitable from a health and sanitary aspect for consumption by animals.

(5) Feeding shall require adequate containers or feed troughs of such size, kind and number to discourage scatter and eliminate unsanitary conditions as defined in Section 5-3-3(B).

(6) Spillage and leftovers from animal feedings, including grains, hay and vegetable food must either be removed daily or otherwise disposed of in such a manner as to prevent fly and/or insect propagation or the creation of odors.

(7) Intentional or knowingly allowing the breeding of livestock within the confines or limits of the City limits, unless said breeding is accomplished within the confines of a barn or other enclosure, closed to the public view, shall be prohibited.

5-3-5 COMMERCIAL STABLES; PERMIT:

DELETED BY ORDINANCE NO. 3250, EFF. 9-22-94

5-3-6 USE OF CITY RIGHT-OF-WAY:

(A) No animal shall be allowed on City streets or other City rights-of-way unless under the immediate physical control of the owner thereof, or that owner’s agent.

(B) No livestock shall be entitled to travel upon any sidewalks for any purpose.

(C) Notwithstanding the foregoing, any use of City streets or City rights-of-way by livestock or other animals shall be done in such a manner that it shall not create a dust nuisance, nor interfere with vehicular traffic or pedestrian traffic.

(D) In the event that livestock is utilized on City streets by a commercial enterprise or other business, the person in control of such animals or livestock shall be responsible for removing from the City streets any manure generated by that animal.

5-3-7 REGISTRATION AND LICENSE EXEMPTIONS:

DELETED BY ORDINANCE NO. 3250, EFF. 9-22-94

5-3-8 FAILURE TO RENDER AID:

If any person accidentally or otherwise hits or injures an animal with an automobile or other vehicle or otherwise injures the same within the City limits, and leaves the scene of the accident without making a reasonable effort to contact the owner, or an Animal Control Officer or a police officer, or fails to give reasonable aid and assistance in the care of such animal, he shall be deemed guilty of a misdemeanor and punished as set forth in Section 5-3-13.

5-3-9 HARBORING LOST ANIMALS:

It shall be unlawful for any person to harbor or keep within the city any lost or stray animal without making reasonable attempts to locate the owner thereof. If the owner of an animal which appears to be lost or strayed cannot be immediately found, it shall be the duty of the finder to notify the Yavapai County Humane Society at once and file a "Found Report" as soon as practicable, but in no event no more than seventy-two (72) hours.

5-3-10 KEEPING WILD ANIMALS:

It shall be unlawful for any person having charge, care or control of any wild animal, as defined in Title 17, Arizona Revised Statutes, to keep, bring, maintain or exhibit such animal within the City unless the person has a wildlife hobby license issued by the State of Arizona Game and Fish Commission, and has filed a copy of said license with the City Animal Control Center.

5-3-11 IMPOUNDMENT; NOTICE; COST:

(A) An Animal Control Officer or Police Officer of the City is authorized to enter upon private property and impound all animals, including but not limited to, fowl, birds, rodents, rabbits, ferrets, pet pigs, hybrid dogs, domestic and wild animals and livestock, running at large.

(B) An Animal Control Officer or Police Officer of the City is authorized to impound any and all animals, including but not limited to, fowl, birds, rodents, rabbits, ferrets, pet pigs, hybrid dogs, wild or domestic animals and livestock which appear to be mistreated or neglected when, in the opinion of an Animal Control officer, it may be detrimental to the health, safety or well being of the animal to remain with the owner or person in control thereof.

1. The Animal Control Officer shall, within twenty-four (24) hours of impoundment or on the next court day (whichever is later) file a civil complaint of impoundment and request forfeiture in City Court, specifying the basis for the impoundment. The complaint shall be served upon the owner or person in control of the animal as soon as possible thereafter. If the owner is not known or cannot be located, a copy of the complaint shall be posted in a conspicuous place at the location where the animal was impounded if the animal was impounded from private property. If the owner is not known or cannot be located, and the animal was found at large, posting of the complaint shall be made at the Yavapai County Courthouse. Within five (5) days of service of the complaint or posting thereof, the owner of an animal impounded pursuant to this section may file a petition in the City Court for an order to show cause why the animal should not be returned to the owner. At the hearing on the order to show cause, the City Magistrate, upon a finding by a preponderance of the evidence that there are reasonable grounds to believe either (1) that the neglect or cruelty to the animal will continue, or (2) that 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 forfeited to the Prescott Animal Control Center.

2. If the owner fails to appear at the order to show cause hearing, or if no petition for an order to show cause is filed within five (5) days of service of the complaint, the City Magistrate shall order the animal forfeited to the Prescott Animal Control Center.

3. In addition to any criminal penalties under section 5-3-13 of this chapter and Arizona Revised Statutes section 13-2910, the court may also order, upon a finding of neglect or cruelty, that any animal under the custody or control of the defendant be placed for adoption or humanely destroyed.

(C) Any animal impounded pursuant to subsection (A) of this section may be reclaimed provided that the person reclaiming same furnishes proof of his right to do so and pays the appropriate impoundment charge, in addition to the cost to the city for transporting same to the pound, veterinary costs incurred by the city and the appropriate per diem charge. The impoundment fee for livestock shall be thirty dollars ($30.00), and the per diem fee for livestock shall be ten dollars ($10.00) per day. The impoundment fee for fowl, birds, rodents, and all other domestic or wild animals shall be fifteen dollars ($15.00), and the per diem fee shall be five dollars ($5.00) per day. If any unlicensed dog is not reclaimed within seventy two (72) hours from the date of impoundment, the enforcement agent may sell or otherwise dispose of same in a humane manner. If any other animal is not reclaimed within five (5) days from the date of impoundment, the enforcement agent may sell or otherwise dispose of same in a humane manner. (Ord. 687, 11-9-1964)

5-3-12 DISPOSAL OF ANIMALS:

(A) The animal control supervisor shall be entitled to place for adoption any animals coming into the custody and control of the city animal control center which has not been reclaimed pursuant to subsection 5-3-11(C) of this chapter, or which animal has been ordered adopted or forfeited to the city pursuant to subsection 5-3-11(B) of this chapter.

(B) The animal control supervisor may refuse to allow any person to adopt an animal from the Prescott animal control center if the animal control supervisor has reason to believe that it would not be in the best interests of the animal, including, but not limited to, the following reasons:

1. The adopter does not have proper facilities to contain or care for the animal; or

2. The adopter wants the animal for the purpose of resale or laboratory experimentation; or

3. The adopter has received three (3) or more citations for animal control violations within any twelve (12) month period; or

4. The adopter has been convicted of cruelty, inhumane treatment or neglect to an animal by any duly authorized court or resides with any person so convicted. (Ord. 687, 11-9-1964)

5-3-13 PENALTIES:

Unless specifically designated otherwise, any person who violates any provision of this chapter shall be guilty of a petty offense, and upon conviction shall be punished by a fine not to exceed three hundred dollars ($300.00), in addition to any other sanctions to which the defendant may be subject as set forth in section 5-3-11 of this chapter. Any person or persons who own, keep, possess, harbor, maintain or control any animals that are in violation of this chapter shall be liable and responsible for violation of this chapter whether or not they directly allowed that animal to be in violation thereof. (Ord. 687, 11-9-1964)

5-3-14 LIABILITY FOR DAMAGE OR DESTRUCTION CAUSED BY ANIMALS:

(A) If any animal within the city shall damage or destroy any property other than the property of the person owning or having the control or custody of

such animal, the owner or person having custody or control of such animal shall be guilty of a petty offense, and upon conviction shall be punished by a fine not to exceed three hundred dollars ($300.00).

(B) Upon the conviction of any person pursuant to subsection (A) of this section, the court in its discretion shall order that restitution be made to the owner of said damaged or destroyed property and may enter such other orders as may be appropriate to ensure that such animal be kept from running at large. (Ord. 687, 11-9-1964)

5-3-15 EXEMPTIONS AND EXCEPTIONS:

(A) An owner or person in possession of four (4) or more acres of land shall be exempt from the provisions of subsections 5-3-4(A)1, (A)2(c), (B)1, (B)2, (B)3, (B)5, (B)6 and (B)7 of this chapter.

(B) Veterinary hospitals licensed pursuant to Arizona Revised Statutes section 32-2211 et seq., shall be exempt from the provisions of sections 5-3-1, 5-3-7 and 5-3-10 of this chapter.

(C) A "miniature horse" (not to exceed 2 miniature horses per parcel), to be defined as a horse which when fully grown weighs no more than one hundred (100) pounds, shall be exempt from the provisions of subsections 5-3-1(A)1 and (A)2 of this chapter; provided, however, that in the event that the owner of the miniature horse elects to erect a fence or enclosure for said miniature horse, then the provisions of subsections 5-3-1(A)2(c) and (A)2(d) of this chapter shall apply. (Ord. 687, 11-9-1964; Ord. 4041, 10-10-2000)

5-3-16 OUTDOOR FEEDING AND PROTECTION OF WILDLIFE:

(A) Definitions. In this section unless the context otherwise requires:

1. "Feeding" or "to feed" means placing edible material in a location where it can be consumed by wildlife.

2. "Attracting" or "to attract" means placing edible material in a location where a reasonable person would be aware of the potential presence of wildlife.

3. "Edible material" means any human or animal food, food by-product, animal carcasses, salt, organic material, refuse, garbage or water.

4. "Wildlife" means bears, javelina, deer, coyotes or/and mountain lions.

5. "Public employees" means any federal, state, county or City employees.

(B) Feeding or Attracting Wildlife Prohibited. It is unlawful for any person to intentionally, knowingly or recklessly feed wildlife or to attract wildlife.

(C) Applicability. This section applies to all areas within the Prescott City limits.

(D) Exceptions. This section does not apply to:

1. Public employees, or their authorized agents, acting pursuant to A.R.S. Title 17 or Game and Fish Commission rule or order or acting within the scope of their authority for public safety or wildlife management purposes.

2. Edible material located in a residence, closed vehicle, fully enclosed storage structure, or in a closed trash container.

3. A person feeding his/her own horses or domestic animals.

4. Feeders placed to attract birds, squirrels or other wild animals that do not pose a public safety threat.

5. Water features such as fountains, ponds, birdbaths or similar structures where the primary purpose is decorative or ornamental.

6. Growing plants or parts of growing plants, including gardens and fruit bearing trees or plants and the parts of those plants that may have fallen to the ground from those plants.

7. Compost piles that are fully contained and made inaccessible to wildlife.

8. Hand feeding of ducks or water fowl on lakes or ponds.

(E) Limitations to Exceptions. The exceptions do not apply to any person who knows or has reason to know that an activity is attracting wildlife other than birds or tree squirrels. To avoid a violation, a person shall modify placement of any edible material, immediately cease the activity, or take such actions as the situation may require.

(F) Enforcement. An Arizona Game and Fish officer, animal control officer, City Code Enforcement Officer, or any AZPOST certified peace officer may issue a written warning or citation for the violation of this section.

(G) Separate Offenses. Each violation pursuant to this section shall constitute a separate offense and each day a violation remains unabated may constitute a separate offense.

(H) Penalties.

1. Upon a first violation of this section, an officer shall issue a written warning and provide the person with wildlife educational materials.

2. If there is a violation of this section within sixty (60) days from the date a warning was issued, the new violation is a petty offense punishable by a fine not to exceed one hundred fifty dollars ($150.00), plus any other penalties, assessments or surcharges authorized by law.

3. If there is a violation of this section and the person has previously been convicted within ninety (90) days of violating this section it is a petty offense punishable by a fine not less than one hundred fifty dollars ($150.00) and not more than three hundred dollars ($300.00), plus any other penalties, assessments or surcharges authorized by law.

4. If there is a violation of this section and the person has previously been convicted two (2) or more times within one hundred and eighty (180) days of violating this section, it is a class three misdemeanor, plus any other penalties, assessments or surcharges authorized by law. (Ord. 4969, 5-3-2016)