Chapter 6.15
DOGS AT LARGE – DOG WASTE REMOVAL – PENALTY – EXCEPTIONS

Sections:

6.15.010    At large dogs prohibited.

6.15.020    Exceptions.

6.15.030    Waste removal required.

6.15.040    Violations – Penalty.

6.15.010 At large dogs prohibited.

It shall be a civil infraction for any dog to run at large within the town upon the streets, sidewalks, alleys or other public property, or upon the private premises of another person. [Ord. 2005-09 § 1; prior code § 6-3-1.]

6.15.020 Exceptions.

Dogs may be at large as an exception to this chapter as follows:

A. While participating in field trials, obedience classes or kennel club events where such trials, classes or events have been approved by the town or Pima County animal care.

B. While being used or trained for legal hunting or for control of livestock.

C. While assisting a peace officer engaged in law enforcement duties.

D. Guide dogs while assisting blind, deaf or physically handicapped persons, so long as such dogs are under direct and effective voice control of such individual to assure that they do not violate any other provisions of law. [Ord. 2005-09 § 1; prior code § 6-3-2.]

6.15.030 Waste removal required.

A. It shall be a civil infraction for the owner or person having custody of any dog to fail immediately to remove and dispose of in a sanitary manner any solid waste deposited by such dog on public property or deposited on private property without the consent of the person in control of the property. This subsection shall not apply to blind persons, persons with mobility disabilities or law enforcement officers accompanied by police dogs while on duty.

B. It shall be a civil infraction for the owner or person having custody of any dog to deposit, cause to be deposited or allow to accumulate within or about such premises, for a longer time than 24 hours, any solid wastes from dogs. This provision is to include animal wastes on private property, including property owned, leased or controlled by the owner of the dog. [Ord. 2005-09 § 1; prior code § 6-3-3.]

6.15.040 Violations – Penalty.

A. Unless otherwise specified, a violation of any provision of this chapter shall be a civil offense. A violation of any provision of this chapter is punishable as follows:

1. For a first violation within a 12-month period, a fine of not less than $25.00, nor more than $300.00.

2. For a second violation within a 12-month period, a fine of not less than $75.00, nor more than $300.00.

3. For a third or subsequent violation within a 12-month period, a fine of not less than $200.00, nor more than $300.00.

B. 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 town and impose a civil sanction in accordance with the provisions of this chapter.

C. In the event that any penalty ordered to be paid by the court or forfeited pursuant to default is not paid within 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 chapter shall be paid to and become the property of the town.

D. A Pima County animal care officer or other designated town enforcement agent may, in addition to the procedures prescribed in this section, impound, or cause to be impounded, any dog running at large contrary to the provisions of this chapter.

E. 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 picking up, impounding and maintaining said dog.

F. Any licensed dog unclaimed within seven days of its impoundment may be placed for adoption or humanely destroyed within the discretion of Pima County animal care.

G. Any unlicensed dog unclaimed within three days may be placed for adoption or humanely destroyed within the discretion of Pima County animal care. [Ord. 2005-09 §§ 1, 2; prior code § 6-3-4.]