CHAPTER 5-2: DOGS, HYBRID DOGS AND HYBRID CATS
SECTIONS:
5-2-2: LICENSE; FEES; TAGS; PENALTIES:
5-2-3: ANTIRABIES VACCINATION:
5-2-5: MISCELLANEOUS PROVISIONS:
5-2-6: IMPOUNDMENT; NOTICE; COSTS; DISPOSAL:
5-2-7: HYBRID DOGS AND HYBRID CATS:
5-2-9: AUTHORITY OF CITY COURT:
5-2-1 DEFINITIONS:
Unless the context otherwise requires:
AT LARGE: Off the premises of the owner and not under the control of the owner.
DESIGNATED AGENT: Person(s) currently authorized by the owner of a dog to keep, possess, harbor, maintain or control said dog on the owner’s behalf.
ENFORCEMENT AGENT: A person or persons designated by the city as responsible for the enforcement of this chapter and the regulations promulgated hereunder.
HYBRID DOG OR HYBRID CAT: A dog or cat which is the result of breeding between a wild species and a domestic species, or any dog or cat whose ancestry contains a dog or cat which is the result of such a breeding within six (6) generations, or any animal that is represented by its owner or was represented upon its sale as being a hybrid.
IMPOUND: The act of taking or receiving into custody by the enforcement agent any dog for the purpose of confinement in the pound in accordance with the provisions of this chapter.
OWNER: Any person owning, keeping, possessing, harboring or maintaining a dog, or any person acting for the owner or having charge of a dog.
POUND: Any establishment authorized by the city for the confinement, maintenance, safekeeping and control of dogs that come into the custody of the enforcement agent in the performance of his official duties.
VETERINARIAN: Any veterinarian licensed to practice in Arizona, or any veterinarian employed in Arizona by a governmental agency.
VETERINARY HOSPITAL: Any establishment operated by a veterinarian licensed to practice in the state of Arizona that provides clinical facilities and houses animals for medical treatment. (Ord. 704, 1-25-1965; amd. Ord. 2219, 9-25-1990; Ord. 3026, eff. 12-24-1992)
5-2-2 LICENSE; FEES; TAGS; PENALTIES:
(A) A license fee of six dollars ($6.00) per year shall be paid to the city for each dog between the ages of four (4) months and one year that is kept, harbored or maintained within the boundaries of the city. A license fee of six dollars ($6.00) per year for spayed or neutered dogs, or a license fee of thirty dollars ($30.00) per year for dogs which have not been spayed or neutered, shall be paid to the city for each dog one year of age or over that is kept, harbored or maintained within the boundaries of the city. Said fees shall be due on or before January 1 of each year. These fees shall be subject to proration of fees as set forth in subsection (B) of this section.
(B) Any dog brought into the city during any calendar year by any person who intends to keep, harbor or maintain said dog within the boundaries of the city shall license said dog with the city within sixty (60) days thereafter. In such cases, the license fee for spayed or neutered dogs shall be six dollars ($6.00) if paid on or before April 30, four dollars ($4.00) if paid after April 30, but before August 31, and two dollars ($2.00) if paid after August 31, but before December 31. The license fee for dogs which have not been spayed or neutered shall be thirty dollars ($30.00) if paid on or before April 30, twenty dollars ($20.00) if paid after April 30, but before August 31, and ten dollars ($10.00) if paid after August 31, but before December 31. (Ord. 4294, 2-11-2003)
(C) A late fee penalty of eight dollars ($8.00) shall be added to the license fee in the event that application is made subsequent to the date on which the dog is to be licensed. (Ord. 1374, 10-8-1979)
(D) Whenever the ownership of a dog has been changed, the new owner must secure a transfer of license.
(E) Each dog licensed under the provisions of this chapter shall receive, at the time of licensing a durable metallic tag on which shall be inscribed the name of the city, the number of the license, and the date on which it expires. The tag shall be attached to the collar or harness which shall be worn by the dog at all times when off the premises of his owner except as provided in subsection (F) of this section. Whenever a dog tag is lost, a duplicate tag shall be issued upon application by the owner and payment of a three dollar ($3.00) fee. (Amended Ord. 3201, 5-24-1994, eff. 10-1-1994)
(F) Dogs while being used for hunting, or dogs while being exhibited at American Kennel Club approved shows, or dogs engaged in races approved by the Arizona Racing Commission, and such dogs while being transported to and from such events, need not wear a collar or harness with license attached, provided that they are properly licensed.
(G) A guide dog belonging to a blind person who is a resident of the state, or any bona fide nonprofit organization which is in the business of breeding, raising, or training dogs to be used for guiding the blind, shall, upon application by the owner or organization, be licensed pursuant to this chapter without payment of a fee. (Ord. 1128, 1-12-1976)
(H) The treasurer may authorize agents such as licensed veterinarians, humane societies, or similar organizations involved in animal treatment or control to issue dog licenses and tags pursuant to this chapter. Each authorized agent shall be allowed to retain two dollars ($2.00) from each license fee collected under subsection (A) or (B) of this section for services rendered in issuance of each license. (Amended Ord. 3201, 5-24-1994, eff. 10-1-1994)
(I) The enforcement agent shall apprehend and impound any dog found without a current valid license tag. (Ord. 1128, 1-12-1976)
5-2-3 ANTIRABIES VACCINATION:
(A) Before a license is issued for any dog, the owner must present a vaccination certificate signed by a veterinarian stating the owner’s name and address, and giving the dog’s description, date of vaccination, and type, manufacturer and serial number of the vaccine used, and date revaccination is due. A copy of said certificate shall be transmitted to the enforcement agent.
(B) A dog vaccinated in any area outside of Yavapai County prior to entry into the city of Prescott may be licensed in this city, provided that, at the time of licensing, the owner of such dog presents a vaccination certificate signed by a duly licensed veterinarian containing the information required herein.
(C) The enforcement agent shall make provisions for low cost vaccination clinics as deemed necessary. The vaccination shall be performed by a veterinarian. (Ord. 704, 1-25-1965)
5-2-4 RABIES CONTROL:
Whenever a dog bites any person, the incident shall be reported to the enforcement agent by any person having knowledge thereof. It shall be unlawful for any person to destroy or dispose of any dog which has bitten any person within a period of ten (10) days after such biting. Any dog that bites any person shall be impounded and quarantined by the enforcement agent or, at the request of and at the expense of the owner, placed in a veterinary hospital for a period of not less than ten (10) days to determine whether the dog has rabies. A dog properly licensed and vaccinated pursuant to this chapter, that bites any person, may be confined and quarantined at the home of the owner or wherever the dog is harbored and maintained with the consent of and in a manner prescribed by the enforcement agent. The owner of any dog that has bitten a person may voluntarily deliver the dog to the enforcement agent at the pound; otherwise, there shall be a charge of ten dollars ($10.00) against the owner if the enforcement agent must pick up the dog. The owner shall pay the costs for maintaining the dog during the period of quarantine. Upon the failure of the owner to obtain the release of a dog quarantined hereunder by paying all charges and costs within three (3) days after expiration of said quarantine period, including compliance with the license and vaccination provisions herein, the enforcement agent may sell or otherwise dispose of such dog in a humane manner. (Ord. 1374, 10-8-1979; amd. Ord. 3239, eff. 8-25-1994)
5-2-5 MISCELLANEOUS PROVISIONS:
(A)
1. All dogs, hybrid dogs and hybrid cats shall be kept and maintained in such a manner so as not to disturb the peace, comfort or health of any person residing within the boundaries of the city. (Ord. 3026, eff. 12-24-92)
2. It shall be unlawful for any person to keep or maintain a dog or hybrid dog which is in the habit of barking, howling or otherwise disturbing the peace and quiet of any person within the boundaries of the city. For purposes of this section, a dog or hybrid dog shall be deemed to be in the habit of barking if it is proven that the animal barks, without justification, for five (5) or more continuous minutes on two (2) separate occasions within a thirty-six (36) hour period. (Ord. No. 3026, eff. 12-24-92)
(B) It shall be unlawful for a dog to be at large within the boundaries of the City. A dog is not deemed to be at large: (Ord. No. 3026, eff. 12-24-92)
1. If said dog is restrained by a leash, rope, or chain of not more than six feet (6’) in length when off the premises of the owner; provided that, (1) said dog is in the custody or control of the owner or his designated agent; or (2) the owner or his designated agent has restrained the dog as provided herein for a brief and reasonable time period to enter a public building, commercial establishment or some other structure or place prohibiting entry by dogs or other animals. Time periods exceeding fifteen (15) minutes shall be presumed neither reasonable nor brief; (Ord. 2219, 9-25-90)
2. While said dog is being used for lawful hunting purposes;
3. While said dog is being exhibited at an American Kennel Club approved show;
4. While said dog is engaged in races approved by the Arizona Racing Commission;
5. While said dog is actively engaged in dog obedience training, accompanied by and under the control of his owner or trainer, provided that said dog is actually enrolled in or has graduated from a dog obedience training school.
(C) With respect to subsection (A) and (B) of this Section, a person or persons who own, keep, possess, harbor, maintain, or control any dog or dogs that are in violation of subsections (A) and (B) shall be liable and responsible for a violation of the above stated sections whether or not they directly allowed a dog or dogs to create a disturbance or be at large in violation of subsections (A) or (B) of this Section.
(D) Enforcement Agents may apprehend and impound in the pound any dog found at large contrary to the provisions herein. (Ord. 1510, 3-23-81)
(E) Not withstanding any of the other provisions of this chapter, all dogs, hybrid dogs and hybrid cats are subject to the provisions of Sections 5-3-2, 5-3-3, 5-3-4(A), 5-3-7, 5-3-8, 5-3-9, 5-3-10, 5-3-11, 5-3-12 and 5-3-14 of the City Code. (Ord. 3026, eff. 12-24-92)
(F) Whenever this Chapter and Chapter 3 of this Title conflict with respect to hybrid dogs or hybrid cats, the more restrictive of the two shall apply. (Ord. 3026, eff. 12-24-92)
(G) Any person or persons convicted of a violation of any provision of this section 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. Any person or persons who own, keep, possess, harbor, maintain or control any dog, hybrid dog or hybrid cat that is in violation of this section shall also be liable and responsible for that violation, whether or not they directly allowed the dog, hybrid dog or hybrid cat to be in violation thereof. (Ord. 3026, eff. 12-24-92)
5-2-6 IMPOUNDMENT; NOTICE; COSTS; DISPOSAL:
(amd. Ord. 3026, eff. 12-24-92)
(A) Upon the impoundment of a licensed dog or hybrid dog, the Enforcement Agent shall make reasonable efforts to notify the owner. Any impounded licensed dog or hybrid dog may be reclaimed provided that the person reclaiming the dog or hybrid dog furnishes proof of right to do so and pays an impoundment fee of fifteen dollars ($15.00), together with a per diem charge of five dollars ($5.00) for each day that the dog or hybrid dog was impounded, in addition to any veterinary costs incurred by the city and other costs incurred by the city for maintaining the dog or hybrid dog during the period of impoundment. If the dog or hybrid dog is not reclaimed within five (5) days from the date of impoundment, the Enforcement Agent may sell or otherwise dispose of such dog or hybrid dog in a humane manner.
(B) Any impounded unlicensed dog or hybrid dog may be reclaimed provided that the person reclaiming the dog or hybrid dog furnishes proof of right to do so, pays an impoundment fee of fifteen dollars ($15.00), together with a per diem charge of five dollars ($5.00) for each day that the dog or hybrid dog was impounded, in addition to any veterinary costs incurred by the city and other costs incurred by the city for maintaining the dog or hybrid dog during the period of impoundment, and complies with the licensing requirements of this chapter. If the dog or hybrid dog is not reclaimed within three (3) days from the date of impoundment, the Enforcement Agent may sell or otherwise dispose of such dog or hybrid dog in a humane manner.
5-2-7 HYBRID DOGS AND HYBRID CATS:
(Ord. 3026, eff. 12-24-92)
(A) The licensing provisions of Section 5-2-2 of the City Code shall apply to hybrid dogs.
(B) The provisions of City Code Section 5-2-5 shall apply to hybrid dogs.
(C) Each hybrid dog licensed under the provisions of this chapter shall receive, at the time of licensing, a durable metallic tag on which shall be inscribed the name of the city, the number of the license, and the date on which it expires. The tag shall be attached to the collar or harness which shall be worn by the hybrid dog or hybrid cat at all times when off the premises of his owner. Whenever a tag is lost, a duplicate tag shall be issued upon application by the owner and the payment of a five dollar ($5.00) fee.
(D) All hybrid dogs and hybrid cats will be confined either within a household, or if outside the house then in a secure fenced yard or kennel, enclosed by a fence not less than six (6) feet high and located no closer than ten (10) feet from the property line, and with such flooring and roofing to preclude the escape of the animal therefrom. All gates entering the yard and/or kennel in which the animal is enclosed shall be padlocked. All such enclosures will have signs, legible and readable from at least ten (10) feet away, clearly stating "Dangerous Dog", "Beware of Dog", or similar warning. Notwithstanding any other provision to the contrary in this Chapter or in Chapter 3 of this Title, all hybrid dogs and hybrid cats must be within a fully enclosed fenced area, of sufficient height that the hybrid dog or hybrid cat is unable to escape therefrom.
(E) Whenever a hybrid dog or hybrid cat is not physically enclosed, within the owner’s property, it shall be restrained by a leash of no longer than six (6) feet.
(F) At the time of obtaining a license and subsequent renewals thereof, the owners of the hybrid dog must present proof of current vaccination utilizing a killed vaccine product.
(G) No hybrid dog or hybrid cat will be allowed outside of the enclosure provided for in "C" above unless the animal is adequately restrained in such a manner that it is physically precluded from biting any other animal or people.
5-2-8 DANGEROUS ANIMALS:
(Ord. 3026, eff. 12-24-92)
(A) Any dog or hybrid dog or hybrid cat which bites or otherwise physically attacks another animal or human being is hereby declared to be a dangerous animal, and as such is hereby declared to be a public nuisance.
(B) The first time that a dog or hybrid dog or hybrid cat bites or otherwise physically attacks another animal or human being shall result in the following penalties being imposed by the court against the owner and/or person in possession or control of said dangerous animal:
1. A civil sanction shall be levied, in accordance with Section 1-3-2 of the City Code. The mandatory minimum sanction shall not be less than twenty-five dollars ($25.00).
2. A general liability insurance policy may be required, insuring the general public from any and all damages or personal injuries which may be sustained as a result of a bite or other attack by that hybrid dog or hybrid cat, in an amount of not less than one hundred thousand dollars ($100,000.00). All such insurance must be written by insurance companies licensed and authorized to do business in the State of Arizona, as evidenced by a Certificate of Authority issued by the State Insurance Department.
3. The dangerous animal may be required to comply with all of the requirements as set forth in Sections 5-2-7(C) and (D).
(C) The second time that a dangerous animal bites or otherwise physically attacks another animal or human being shall result in the following penalties being imposed by the court against the owner and/or person in possession or control of said dangerous animal:
1. A civil sanction shall be levied, in accordance with Section 1-3-2 of the City Code. The mandatory minimum sanction shall not be less than one hundred fifty dollars ($150.00).
2. A general liability insurance policy shall be required for that animal (if not already required) in accordance with Section 5-2-8(B)(2).
3. The dangerous animal shall be required to comply with all the requirements as set forth in Section 5-2-7(C) and (D).
(D) The third time that a dangerous animal bites or otherwise physically attacks another animal or human being shall result in the immediate impoundment of said animal by an Animal Control Officer in accordance with Section 5-3-11(B)(1) and (2). Upon a finding by the Court that a dangerous animal has bitten or physically attacked another animal or human being a third time, the Court shall:
1. Levy a civil sanction, in accordance with Section 1-3-2 of the City Code. The mandatory minimum sanction shall not be less than two hundred fifty dollars ($250.00).
2. Order that the dangerous animal be humanely destroyed by the Animal Control Officer.
(E) Exceptions: This section shall not apply to the following circumstances:
1. Where the person or animal was on private property without legal authority, or without the consent of the landowner, provided that there is signage at the entry to the property indicating "beware of dog" or similar such signage.
2. Where the animal which bites or physically attacks is provoked by the animal or person attacked.
3. Where the person attacked picked up or handled an injured dog.
4. Where the person attacked was attempting to intervene in a fight between two animals.
5. Where the bite or attack was by a police dog in performance of that dog’s duties.
6. Where the bite is by a puppy under the age of six (6) months in the course of play.
5-2-9 AUTHORITY OF CITY COURT:
Notwithstanding any provision to the contrary in this Chapter, the City Magistrate, pursuant to Arizona Revised Statutes § 11-1014, may order that a hybrid dog or hybrid cat which bites any person may be euthanised and submitted to an appropriate diagnostic laboratory to determine if the animal is rabid. Said order shall only be issued after notice to the owner, if any, and a hearing. Any application filed with the Court pursuant to this section shall be given an expedited hearing by the Court. (Ord. 3026, eff. 12-24-92)
5-2-10 PENALTIES:
(Ord. 3026, eff. 12-24-92)
(A) Any person who interferes with the Enforcement Agent or an Animal Control Officer while in the performance of his or her duties shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 1-3-1 of the Prescott City Code.
(B) Any person who violates any provision of this Chapter (other than Section 5-2-5) shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 1-3-1 of the Prescott City Code.
(C) Any person who violates Section 5-2-7(A) or (B) shall be guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in Section 1-3-1 of the Prescott City Code, provided, however, that the mandatory minimum fine shall not be less than two hundred fifty dollars ($250.00).
(D) Any criminal penalties provided for in this section shall be cumulative, and shall be in addition to any other sanctions to which the defendant may be subject.