Chapter 6.04 GENERAL PROVISIONS

Chapter 6.04
GENERAL PROVISIONS

Sections:

6.04.010 Definitions

6.04.020 Cruelty to Animals

6.04.030 Dangerous Animals

6.04.040 Strays

6.04.050 Animals at Large

6.04.060 Killing Dangerous Animals

6.04.070 Diseased Animals

6.04.080 Inspections

6.04.090 Disposition of Dead Animals

6.04.100 Violations–Penalties

6.04.110 Impeding Humane Services Officers

6.04.120 Procedure as to Biting Animals

6.04.130 Animals Bitten by Rabid Animals

6.04.010 Definitions

Abuse: Any case in which an animal has been the victim of intentional or negligent conduct resulting in the animal’s bruising, bleeding, malnutrition, dehydration, burns, fractures or breaks of bones, subdural hematoma, soft tissue swelling or death and lack of veterinary care and attention.

Animal: Any organism other than human beings needing food to maintain and sustain its life and which generally has mobility and a developed central nervous system.

At Large: Off the premises of the owner and not under the control of the owner or member of his immediate family, either by leash, cord, chain or other means of physical restraint.

Canine: Shall include either male or female, whether neutered or spayed, whether fully domesticated canine or partial wolf, partial coyote, entire wolf or entire coyote.

City: The incorporated area of Winslow, Arizona.

Enclosure: A fence or structure of at least four feet (4') in height, forming or causing containment suitable to prevent the entry of young children, and suitable to confine an animal in conjunction with other measures which may be taken by the owner such as tethering of the animal. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping.

Feline: Shall include either male or female cat of any breed or mixed breed whether neutered or spayed.

Humane Services Director: The Community Environment Manager is designated the Humane Services Director for the City, who will answer to the Director of Utility and Environment Services.

Humane Services Officer: Persons providing animal compliance services and/or animal shelter services, which are under the direction of the Community Environment Manager.

Humane Services Supervisor: Person in control of the City’s animal care facility and charged with providing supervision of the City’s animal compliance and/or animal shelter services, which are under the direction of the Community Environment Manager.

Immediate Compliance: Compliance within one (1) calendar day upon completion of notification of a determination of viciousness.

Impounded: Taken into the custody of the City animal shelter.

Livestock: Horses, mules, donkeys, burros, llamas, cattle, sheep, buffalo, goats and pigs.

Microchip: Shall mean an integrated circuit, which is implanted subcutaneously in the flesh of a domestic pet.

Misuse: The intentional causing of an animal to perform a non-customary task, which could be dangerous to the animal.

Owner: Shall be construed to include any person owning, harboring, keeping, possessing, caring or having custodial duties over any animal.

Sign: Any structure used to attract attention to any object, place, activity, person, animal or business which displays or includes any letter, word, insignia, device or representation, used as or which is in the nature of an announcement, direction or advertisement. For the purposes of this chapter, the sign shall be constructed of wood, metal or other similar weatherproof material, at least twenty-four inches by twenty-four inches (24" x 24") in size, with letters in indelible or fluorescent ink with the words in clear, capital letters.

Time Limited: A time schedule for completion of steps set by the Humane Services Supervisor, but in no case will it be longer than thirty (30) calendar days.

Vicious Animal:

A. Any animal which, when unprovoked, in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks and public grounds or places or private property not owned or possessed by the owner of the animal;

B. Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals;

C. Any animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal without provocation. (Ord. 1133 § 1, 2010; Ord. 1009 (part), 2007; Ord. 946, 2004)

(Manual, Amended, 06/18/2004)

6.04.020 Cruelty to Animals

Any person who cruelly treats any animal in the City in any way will be guilty of a Class 3 misdemeanor. Any person who inhumanely beats, underfeeds, overloads, abandons or causes abuse to any animal shall be deemed guilty of a Class 3 misdemeanor. (Ord. 1009 (part), 2007; Ord. 946, 2004)

(Manual, Amended, 06/18/2004)

6.04.030 Dangerous Animals

Any person who permits any dangerous animal or vicious livestock or fowl to run at large within the City shall be guilty of a Class 3 misdemeanor. Exhibitions or parades of animals which are ferae naturae in the eyes of the law may be conducted only upon a permit from the Community Environment Manager. (Ord. 1133 § 2, 2010: Ord. 1009 (part), 2007; Ord. 946, 2004)

(Manual, Amended, 06/18/2004)

6.04.040 Strays

All animals at large not wearing a current license shall be considered stray. (Ord. 1009 (part), 2007; Ord. 946, 2004)

(Manual, Amended, 06/18/2004)

6.04.050 Animals at Large

Any person who permits any livestock or fowl to run at large in the City shall be guilty of a Class 3 misdemeanor. Any such livestock or fowl running at large in any public place in the City shall be impounded as provided in this chapter. Any person who pickets or ties any such animal in any of the dedicated public ways of the City for the purpose of grazing or feeding shall be guilty of a Class 3 misdemeanor. (Ord. 1009 (part), 2007; Ord. 946, 2004)

(Manual, Amended, 06/18/2004)

6.04.060 Killing Dangerous Animals

A. Any person who allows any domestic animal afflicted with a contagious or infectious disease to run at large or to be exposed in any public place whereby the health of man or beast may be affected shall be guilty of a Class 3 misdemeanor. It shall be a Class 3 misdemeanor for such diseased animals to be shipped or removed from the premises of the owner thereof, except under the supervision of the Community Environment Manager.

B. It is made the duty of the Community Environment Manager to secure such disposition of any diseased animal and such treatment of affected premises as to prevent the communication and spread of the contagion or infection, except in cases where the State Health Officer or State Veterinarian is empowered to act. The members of the police department, the Humane Services Supervisor or humane services officers are authorized to kill any dangerous animal of any kind when it is necessary for the protection of any person. (Ord. 1133 § 3, 2010: Ord. 1009 (part), 2007; Ord. 946, 2004)

(Manual, Amended, 06/18/2004)

6.04.070 Diseased Animals

B. It is made the duty of the Humane Services Supervisor to secure such disposition of any diseased animal and such treatment of affected premises as to prevent the communication and spread of the contagion or infection, except in cases where the State Health Officer or State Veterinarian is empowered to act. (Ord. 1133 § 4, 2010: Ord. 1009 (part), 2007; Ord. 946, 2004)

(Manual, Amended, 06/18/2004)

6.04.080 Inspections

Any person who causes or allows any stable or place where any livestock, domestic animal or fowl is or may be kept to become unclean or unwholesome shall be guilty of a Class 3 misdemeanor. Any animal control officer shall be responsible for inspection of premises upon complaint and/or proper notice. (Ord. 1009 (part), 2007; Ord. 946, 2004)

(Manual, Amended, 06/18/2004)

6.04.090 Disposition of Dead Animals

Dead animals shall be disposed of in accordance with the direction of an animal control officer. Failure to follow the lawful order of said officer shall constitute a Class 3 misdemeanor. (Ord. 1009 (part), 2007; Ord. 946, 2004)

(Manual, Amended, 06/18/2004)

6.04.100 Violations–Penalties

Whenever this title provides that an act or omission constitutes a Class 3 misdemeanor, the penalty for the misdemeanor shall be as provided in Title 13 of the Arizona State Statutes for a Class 3 misdemeanor. (Ord. 1009 (part), 2007; Ord. 946, 2004)

(Manual, Amended, 06/18/2004)

6.04.110 Impeding Humane Services Officers

Any person who in any manner interferes with, impedes, prevents or attempts to interfere with, prevent, obstruct or intimidate the Community Environment Manager of the City, the Humane Services Supervisor, or humane services officers in the discharge of their duties in taking up or attempting to take up and impound any and all animals which it shall be their duty to impound under the provisions of this chapter, or who rescues or attempts to rescue any animal so taken up by the Community Environment Manager, the Humane Services Supervisor or his officer or to release any animal so impounded, shall be guilty of a Class 1 misdemeanor. (Ord. 1133 § 5, 2010: Ord. 1009 (part), 2007; Ord. 946, 2004)

(Manual, Amended, 06/18/2004)

6.04.120 Procedure as to Biting Animals

Whenever any animal bites a person, all procedures of Section 6.12.040 shall apply except the animals shall be confined for not less than ten (10) days, and livestock must be handled per Arizona Livestock and Sanitation Board Regulations. (Ord. 1009 (part), 2007; Ord. 946, 2004)

(Manual, Amended, 06/18/2004)

6.04.130 Animals Bitten by Rabid Animals

Animals bitten by rabid animals must be destroyed or confined in isolation for thirty (30), ninety (90) or one hundred eighty (180) days depending on vaccination status. Arizona Livestock and Sanitation Board shall regulate handling and disposition of bitten livestock. (Ord. 1009 (part), 2007; Ord. 946, 2004)

(Manual, Amended, 06/18/2004)