Chapter 6.04 ANIMAL CONTROL

This Chapter provides for the licensing of all dogs within the boundaries of the Town of Pinetop-Lakeside, Arizona; prohibits domestic or tame animals from running at large; authorizes the impounding and disposition of certain animals; and provides penalties for the violation of this Animal Control Chapter. In addition, this Chapter is to promote the public health, safety, and general welfare of the citizens of the Town of Pinetop-Lakeside and to help ensure the humane treatment of animals by regulating the care and control of animals within the boundaries of the Town.

6.04.020 Definitions.

A. When used in this Chapter, the following words, terms and phrases, and their derivations, shall have the meanings ascribed to them in this Section, except where the context clearly indicates a different meaning:

1. "Animal" means any live creature, domestic, tame, feral or wild, except humans. "Animal" includes dogs, cats, pot-bellied pigs, all other mammals, birds, fowl, fish and reptiles. "Animal" includes both the singular and plural of the word, or one or more animals.

2. "Animal Control Officer" means an employee or agent of the Town, designated by the Chief of Police to administer and enforce the licensing, inspection and enforcement requirements contained within this Chapter. In addition to the Animal Control Officer, any other law enforcement officer with jurisdiction within the Town may administer and enforce the licensing, inspection and enforcement requirements within this Chapter.

3. "Animal hospital" means any establishments maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of animal diseases and injuries.

4. "Animal nuisance" means any nuisance arising out of the keeping, maintaining or owning of, or failure to exercise sufficient control of an animal.

5. "Animal shelter" means any facility operated by the Town, the Humane Society of the White Mountains or other humane society, animal rescue organization or other public or private facility approved by the Town for the temporary care, confinement and detention of animals and for the humane killing and other disposition of animals. The term may also include any private facility authorized by the Town to impound, confine, detain, care for or destroy any animal.

6. "At heel" means a dog is directly behind or next to a person and obedient to that person’s command.

7. "At large" means being neither confined by an enclosure nor physically restrained by a leash of six (6) feet or less.

8. "Attack" means, with respect to animals and this Chapter, to bite, attempt to bite, growl and show teeth, charge, chase, jump on, scratch, kick or otherwise act in a threatening or aggressive manner which animal act puts a person in fear of being harmed or injured, or which unreasonably interferes with that person’s ability to carry on lawful activities. No actual touching or biting need occur for an "attack" to take place. The finder of fact shall use a "totality of the circumstances" analysis to determine whether an "attack" has occurred. For example, a dog which jumps a fence and chases a person walking to the neighborhood mailbox where the facts indicate that the person is justifiably threatened or scared by the dog’s behavior has been "attacked."

9. "Breeder or handler" means a person, business or other entity that is engaged in the business of breeding, handling and raising dogs, cats or other domestic animals for any purpose. A person or entity shall be considered a breeder or handler for purposes of this Chapter if the person or entity owns or houses more than the number of animals specified in Section 6.04.050 or the animals owned or possessed by the person or entity give birth to young on more than two (2) occasions in a calendar year. If one animal gives birth to young twice a year or two animals each give birth during a year, the owner or possessor shall be considered a breeder for purposes of this Chapter. All breeders, handlers and kennels shall be required to have a kennel license. Breeder includes animal rescue organizations or other public or private facilities approved by the Town. See Sections 6.04.050 and 6.04.070, below.

10. "Cruelty" means any act of omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living environment, veterinary care or nutritious food in sufficient quantity. In the case of activities where physical pain is necessarily caused, such as medical and scientific research, food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination, and animal training and hunting, "cruelty" shall mean a failure to employ the humane methods reasonably available.

11. "Disposition" means adoption, quarantine, voluntary or involuntary custodianship or placement or euthanasia humanely administered to an animal. "Disposition" includes placement or sale of an animal to the general public, or removal of an animal from any pet shop to any other location.

12. "Domestic animal" includes dogs, cats, pot-bellied pigs, domesticated sheep, horses, cattle, goats, swine, fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants, and other birds and animals raised and/or maintained in confinement.

13. "Exotic animal" means any live monkey, alligator, crocodile, cayman, raccoon, skunk, fox, bear, sea mammal, poisonous snake, member of the feline species other than domestic cat (felis domesticus), member of the canine species other than domestic dog (canis familiaris) or any other animal that would require a standard of care and control greater than that required for customary household pets sold by commercial pet shops or domestic farm animals.

14. "Feral animal" means an animal which is wild or untamed, especially having reverted to such a state from prior domestication. Any feral animal may be trapped by the Town and delivered to an approved animal shelter.

15. "Guard or attack animal" means an animal, especially a dog or large cat trained to attack on command or to protect persons or property, and which will cease to attack upon command.

16. "Impoundment" means the taking into custody of an animal by any police officer, Animal Control Officer, or any authorized representative thereof.

17. "Kennel" means any premises wherein any person who owns, possesses, houses or keeps more than the number of animals specified in Section 6.04.050 for any reason, including persons who engage in the business of boarding, breeding, buying, letting for hire, training, hunting, selling or other purposes. All kennels, breeders and handlers must have a kennel license. Kennels includes animal rescue organizations or other public or private facilities approved by the Town. See Sections 6.04.050 and 6.04.070, below.

18. "Livestock" means cattle, sheep, goats, swine, mules and asses except pot-bellied pigs weighing less than one hundred fifty (150) pounds or goats weighing less than one hundred-fifty (150) pounds.

19. "Muzzle" means a device constructed of strong, soft material or of metal, designed to fasten over the mouth of an animal to prevent the animal from biting any person or other animal.

20. "Owner" means any person having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to, any animal covered by this Chapter. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days.

21. "Public nuisance animal" means any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to enjoyment of life or property. The term "public nuisance animal" shall include, but not be limited to:

a. Any animal except cats that is repeatedly found running at large more than two (2) times in a thirty (30) day period or more than six (6) times in any three hundred sixty-five (365) day period;

b. Any animal that attacks a person;

c. Any dog or other animal except cats in any Section of a park or public recreation area unless the dog or other animal is controlled by a leash or other similar physical restraint;

d. Any animal that damages, soils, or defecates on any property other than that of its owner where the owner fails to promptly repair the damage or clean up the feces (an owner shall immediately remove an animal’s feces);

e. Any animal that makes disturbing noises, including but not limited to, continued or repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

f. Any animal that smells or otherwise causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored;

g. Any animal in heat that is not confined so as to prevent attraction or contact with other animals;

h. Any animal, whether or not on the property of its owner, that without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way or on property other than property owned by the animal’s owner;

i. Any animal that chases motor vehicles in a public right-of-way;

j. Any animal that attacks a domestic animal;

k. Any animal that causes unsanitary conditions or offensive odors in yards, enclosures or other surroundings where the animal is kept or harbored;

l. Any collection of animals that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals or the conditions created by those animals maintained at a single residence or the inadequacy of the facilities.

22. "Sanitary" means a condition of good order and cleanliness to minimize the attraction of vermin and insects capable of transmitting disease to humans, domestic animals or livestock.

23. "Under restraint" means that an animal is secured by a leash, lead under the control of a person physically capable of restraining the animal, or securely enclosed within the real property limits of the owner’s premises.

24. "Vicious" or "dangerous animal" means any animal that without provocation attacks or attacked a human being or other animal owned by another. An animal that without provocation has attacked a human being or other animal shall be prima facie presumed vicious or dangerous. Animals may also be pronounced or adjudicated vicious or dangerous by a court or other trier-of-fact based upon the "totality of the circumstances."

25. "Wild animal" means any live monkey, nonhuman primate, raccoon, skunk, fox, leopard, panther, tiger, lion, lynx or any other warm-blooded animal that can normally be found in the wild state. The term "wild animal" includes feral dogs and cats, but does not include: domestic, tame dogs (canis familiaris, but excluding feral dogs or hybrids with wolves, coyotes or jackals), domestic cats (felis domesticus, but excluding feral cats or hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild, and captive-bred species of common cage birds. (Ord. 24-469 § 1 (Exh. A))

6.04.030 Public nuisance.

It shall be unlawful for any person to keep any animal on any property located within the corporate limits of the Town when the keeping of such animal constitutes a public nuisance or menace to public health or safety. An animal is a public nuisance when the animal unreasonably interferes with a neighboring property owner or possessor’s enjoyment of that neighboring property. In considering whether an animal constitutes a public nuisance a court or other trier-of-fact shall use Section 6.040.020(21) and any other relevant facts and conditions as a guide.

6.04.040 Keeping of wild or exotic animals.

It shall be unlawful for anyone to own, possess, harbor, or permit at large any wild, exotic or feral animal without the prior, written permission of the Animal Control Officer, and other applicable federal or State agencies. Such permission shall be given only if it is demonstrated to the satisfaction of the Animal Control Officer that the animal will not constitute a threat to public health or safety. Experts who are familiar with the species and the particular animal shall prepare and file reports satisfactory to the Town that such animal will not present a danger. Further, neighbors within three hundred (300) feet shall be notified in writing by the animal owner (with copies of such notices to the Town) about the keeping of any such wild, exotic or feral animal.

6.04.050 Keeping of numerous animals.

It shall be unlawful for any person to keep more than a total of seven (7) animals which may include up to a maximum number of four (4) dogs, four (4) cats, one (1) pig and one (1) goat, respectively. Any combination of these allowed animals shall not include more than the maximum number of animals (7) as set forth in this Section. Excluded from the maximum of seven (7) animals set forth in this Section, are birds kept in birdcages, small, caged rodents like hamsters, mice and rabbits, and fish, reptiles, snails, frogs, toads or other amphibians which are kept in aquariums or terrariums within the Town. A litter of puppies, kittens or other young animals may be kept for a period of time not exceeding five (5) months from birth and shall not be counted during that time period as part of the maximum number (7) of animals which may be kept. The maximum number of any animal may be limited further if that animal or any combination of animals creates a public nuisance. See Section 6.04.030. This limitation shall not apply to licensed kennels, breeders and handlers. See Section 6.04.060, below.

6.04.060 Keeping of horses and livestock.

A. Horses. Owners of horses and other animals of the equine family shall comply with the requirements set forth in Title 16, Section 17.104.110, "Equine Regulations," as amended, of the Town Code.

B. Livestock. No person or other entity shall keep livestock, except domestic, tame horses, pot-bellied pigs or goats within the Town limits in any area which is not specifically zoned for the keeping of livestock. See Section 6.04.050, above, and Town Code, Title 17, Zoning Regulations.

6.04.070 Kennels and breeders; kennel license; facilities; penalties.

A. A person or entity who is a kennel operator, breeder or handler shall not be required to individually license animals, so long as those animals do not leave the property or kennel, or if the animal is only being transported from one kennel to another where both kennels are permitted or licensed by a governmental authority. Animals leaving the controlled kennel conditions or the property of the breeder shall be licensed as set forth in Section 6.04.170.

B. A breeder, handler or kennel operator shall be licensed by the Town. Applicants for this license shall fill out an application and pay an annual fee of $125.00 for each kennel or breeding/handling premises operated by the applicant/licensee. A person who fails to obtain a license under this Section is subject to the penalties set forth in Section 6.04.240. A person who fails to obtain a license within thirty (30) days after written notification from the Animal Control Officer shall be guilty of a Class 3 Misdemeanor and shall be subject to the penalties set forth in Section 6.04.240.

C. The Animal Control Officer may inspect the premises of any breeder, handler or kennel operator to help ensure that the animals are cared for properly and are kept and housed under safe, sanitary, odor controlled conditions, as otherwise set forth in this Chapter.

D. A breeder, handler or kennel operator shall provide any purchaser of a cat, dog or other animal a written statement that contains the information required by Arizona Revised Statutes, Title 44, Chapter 11, Article 17, as amended.

E. Breeders, handlers and kennel operators shall maintain facilities in which animals are housed in a sanitary condition, in which animals are provided with adequate nutrition and water, and shall provide facilities with adequate space that is appropriate to the age, size, weight and species of animal. Breeders, handlers and kennel operators shall keep such animals confined in a building, compartment or other enclosure. Any such enclosure shall be completely surrounded by a fence at least six (6) feet in height and shall be constructed and maintained so that animals cannot escape. After inspection, the Town may require anti-climbing devices or complete enclosures, sides and top, to help ensure that the animals cannot get out. The areas of confinement shall have all gates and entrances thereto securely closed and locked, and all fences properly maintained and escape-proof. Creating escape-proof enclosures shall be the responsibility of the facility owner. For the purposes of this paragraph, "adequate space" means sufficient space for the animal to experience normal body movements without having to make contact with the sides or top of the enclosure, including the ability to stand up, sit down, turn about freely, and relax in a natural position. In addition, all breeding/kennel facilities shall have an area where animals are able to exercise with or without a handler. Further, breeders and kennel operators shall control noise and odor, so as not to interfere with the reasonable enjoyment of neighboring properties by their owners and possessors, and so as not to create a public nuisance as defined in Section 6.04.030.

F. The number of animals housed or kept by breeders, handlers and kennel operators shall be determined by the space available, the condition of the facilities as required by this Section 6.04.070 and when necessary by the Animal Control Officer and/or a licensed veterinarian.

G. Kennels and other facilities for the boarding of animals are allowed only in certain Commercial Zoning Districts under prescribed conditions. Please see the Town Code, Title 16.

H. Any breeder, handler or kennel operator, licensed or not, who violates this Section or any other Section of this Chapter shall be subject to the penalties set forth in Section 6.04.240, below, for first and repeat offenses.

6.04.080 Caring for animals.

A. It shall be unlawful for the owner or custodian of any animal to refuse or fail to regularly provide such animal with sufficient wholesome and nutritious food, potable water, veterinary care when needed to prevent suffering, humane care and treatment, or to unnecessarily expose any such animal in hot, stormy, cold or inclement weather. For most animals, regular provision of food, water and care means daily provision of such necessities, however, the court or other trier-of-fact may admit evidence about what the reasonable standard of care for a particular genus or species of animal is.

B. No owner or custodian of any animal shall willfully abandon such animal on any street, road, highway or public place, or on private property when not in the care of another person.

6.04.090 Sanitation.

A. No owner or custodian of any animal shall cause or allow such animal to soil, defile or defecate on any public property or upon any street, sidewalk, public way, play area or common grounds owned jointly by the members of a homeowners or condominium association, or upon private property other than that of the owner, unless such owner or custodian immediately removes and disposes of all feces deposited by such animal by the following methods:

1. Collection of the feces by appropriate implement and placement in a paper or plastic bag or other container; and

2. Removal of such bag or container to the property of the animal owner or custodian and disposition thereafter in a manner as otherwise may be permitted by law.

B. No person owning, harboring or keeping an animal within the Town shall permit any waste matter from the animal to collect and remain on the property of the owner or custodian, or on the property of others so as to cause or create unreasonably objectionable odors, or an unhealthy, unsanitary, dangerous or offensive living condition on the owner’s or custodian’s property, or to abutting property of others.

6.04.100 Cruelty to animals.

A. It shall be unlawful for any person to willfully or maliciously strike, beat, abuse, or intentionally run down with a vehicle any animal, or otherwise engage in any act to cause or inflict unnecessary pain, injury, suffering or death to such animal; except that reasonable force may be used to drive away vicious or trespassing animals.

B. It shall be unlawful for any person to cause or inflict unnecessary pain, injury, suffering or death to an animal by leaving the animal unattended for a period of four (4) hours or more without water, or to permit animals to compel or require animals to remain out of doors without shelter where the day’s high temperature exceeds ninety (90) degrees Fahrenheit or the day’s low temperature is lower than forty (40) degrees Fahrenheit, or night time temperatures for the day are lower than forty (40) degrees Fahrenheit. Shelter includes a doghouse or other enclosed space constructed with a roof, a floor, and at least three (3) enclosed sides. Shelter may also include a residence where access to the residence is accessible by the animal, including a swinging animal door or the like. It shall also be unlawful for any person to fail to feed a dog or cat at least once in each twenty-four (24) hour period.

1. For purposes of proving what the temperature was in any court proceeding alleging "Cruelty to Animals," it shall be sufficient proof that the daily high temperature or daily low temperature reported in any newspaper or governmental report shows that the temperature exceeded or was less than the temperature set forth in Section 6.04.100(B).

C. No person, except a licensed veterinarian for humanitarian purposes, shall administer poison to any animal, or knowingly leave any poisonous substance of any kind or ground glass in any place with the intent to injure any animal. The provisions of this Section are not applicable to licensed exterminators using poisons as part of a pest control program or the use of commercial insecticides and rodent baits used to control insects and wild rodents.

6.04.110 Animal at large - restraint and confinement - generally.

A. It shall be unlawful for the owner of any animal, except cats, to fail to keep such animal under restraint or to permit such animal to run at large upon the streets and public ways of the Town. An owner or custodian of any animal shall exercise proper care and control of such animal to prevent the same from running at large, or from becoming a public nuisance.

B. Any animal, except cats, while on a street, sidewalk, public way or in any park, school, or other public space, or upon any private property without the consent of the owner, shall be physically restrained by a leash of six (6) feet or less.

C. An owner or custodian of any animal shall exercise proper care and control of such animal to prevent the same from damaging the person or property of others, or from becoming a public nuisance.

D. Every female dog or cat in heat shall be confined in a building or other enclosure in such a manner that such female dog or cat cannot come into contact with another animal, except for planned breeding.

E. In a rabies quarantine area, no animal shall be permitted at large. Each animal shall be confined within an enclosure on the owner’s property, or secured so that the animal is confined entirely to the owner’s property, or on a leash not to exceed six (6) feet in length and directly under the owner’s control and not on the owner’s property.

F. No domestic animals shall be permitted on athletic fields or within ten (10) feet of Town-owned playground equipment. (Ord. 24-469 § 1 (Exh. A))

6.04.120 Restraint of guard dogs.

A. Every owner of a guard or attack dog shall keep such dog confined in a building, compartment or other enclosure. Any such enclosure shall be completely surrounded by a fence at least six (6) feet in height and shall be topped with an anti-climbing device constructed of angle metal braces with at least three (3) strands of equally separated barbed wire stretched between them.

B. All anti-climbing devices shall extend inward at an angle of not less then forty-five (45) degrees or more than ninety (90) degrees when measured from the perpendicular.

C. The areas of confinement shall have all gates and entrances thereto securely closed and locked, and all fences properly maintained and escape proof.

D. The provisions of this Section shall not apply to dogs owned or controlled by government law enforcement agencies.

6.04.130 Biting animals; Restraint of vicious or dangerous animals.

A. An unvaccinated dog or cat that bites any person shall be confined and quarantined in the Town’s animal shelter, a county pound or, on request of and at the expense of the owner, at a veterinary hospital for a period of not less than ten (10) days. The quarantine period shall start on the day of the bite incident. If the day of the bite is not known, the quarantine period shall start on the first day of impoundment. A dog properly 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 Animal Control Officer.

B. Any domestic animal, other than a dog a cat, that bites any person shall be confined and quarantined at the animal control shelter or, on the request and at the expense of the owner, at a veterinary hospital for a period of not less than fourteen (14) days. Livestock shall be confined and quarantined for the fourteen (14) day period in a manner regulated by the Arizona department of agriculture. Caged or pet rodents or rabbits may also be quarantined or laboratory tested.

C. Any wild animal that bites any person or directly exposes any person to its saliva may be killed and submitted to the county health department or other government health department for transport to an appropriate diagnostic laboratory. A wild rodent or rabbit may be submitted for laboratory testing if the animal has bitten a person and either the animal’s health or behavior indicates that the animal may have rabies or the bite occurred in an area that contains a rabies epizootic, as determined by the Department of Health Services.

D. Whenever an animal bites any person, the incident shall be reported to the Animal Control Officer immediately by any person having direct knowledge.

E. The Animal Control Officer may destroy any animal confined and quarantined pursuant to this Section before the termination of the minimum confinement period for laboratory examination for rabies if:

1. The animal shows clear clinical signs of rabies or the animal has been impounded for at least seventy-two (72) hours, and the animal acts viciously towards the animal’s caregivers or the animal shelter employees, and the Town Magistrate has ordered the animal’s destruction.

2. The animal’s owner consents to its destruction.

F. Any biting animal subject to licensing under this Chapter found without a tag identifying its owner shall be deemed unowned.

G. The Animal Control Officer shall destroy a vicious animal by order of the Town Magistrate. The Town Magistrate may issue an order to destroy a vicious animal after notice to the owner, if any, and the person who was bitten, and a hearing. The Town Magistrate may impose additional procedures and processes to protect all parties in the interest of justice and any decision by the Magistrate may be appealed to the Superior Court.

H. The owner of a vicious animal shall be responsible for any fees incurred by the Animal Control Officer, the Town, and the animal shelter for the impounding, sheltering and disposing of the vicious animal.

I. Every vicious animal shall be confined by its owner or authorized agent of its owner within a building or secure enclosure and, whenever off the premises of its owner, shall be securely muzzled and restrained with a chain having a minimum tensile strength of three hundred (300) pounds and not more than five (5) feet in length, or caged. Every person harboring a vicious animal is charged with an affirmative duty to confine the animal in such a way that the vicious animal will not have access to the public, especially children, and that the public will not have access to the vicious animal.

J. In addition to any other penalties provided for violation of this Section, a court may order that an animal, which is found to be a vicious or dangerous animal, be euthanized or destroyed after notice to the owner, if any, and the person who was bitten, and a hearing.

6.04.140 Impoundment.

The Animal Control Officer or any police officer may impound any animal which is at large or which is the subject of any violation of this Chapter. Any other person finding an animal at large upon his property may remove the same to any animal shelter that will take possession of the animal. If no such shelter is available, the property owner may hold the animal in his own possession, and as soon as possible, notify the Animal Control Officer or the Police Department. The property owner shall provide a description of the animal and the name of the owner, if known. The police department may dispatch an officer to take possession of and impound the animal.

6.04.150 Return of animal to owner.

If the name of the owner or custodian of an animal found at large is known or can be easily obtained or obtained with reasonable dispatch, the Animal Control Officer may attempt to return the animal to the residential address of the owner, or the officer may leave written notice of whom the owner must contact to reclaim the animal. If the owner is unknown to the officer or if there is no one present at the owner’s address, the officer shall then remove the animal to the nearest animal shelter that will accept the animal.

6.04.160 Disposition of large animals.

The Animal Control Officer or other designated person on call who removes a large animal such as equine or livestock or any other animal not acceptable by any animal shelter shall be authorized to call a trucking firm or company which shall convey the animal to a farm or other appropriate facility that has an agreement with the Town to accept large animals. The disposition of any animal removed to a facility other than an animal hospital or shelter shall be handled in the same manner as though the animal were confined in an animal hospital or shelter.

6.04.170 Licensing of dogs.

A. "License required." No person shall own, keep, or harbor any dog over the age of four (4) months within the Town unless such dog is licensed, as provided in this Chapter.

B. "Application." Application for such license shall be made by the owner on a form to be approved by the Town or the Humane Society of the White Mountains within ten (10) days after acquiring any dog over four (4) months of age or within ten (10) days after a dog becomes four (4) months of age; provided that any owner moving to the Town for the purpose of establishing residence or becoming a resident as a result of any annexation, and otherwise required to obtain a license, shall have until ten (10) days after moving or annexation to obtain such a license.

C. "Proof of rabies vaccination required." All owners applying for a license must show to the satisfaction of the licensing authority that the animal for which the license is being obtained has been inoculated against rabies within the last two (2) years.

D. "Proof of sterilization." Any owner claiming that his dog has been neutered must show to the satisfaction of the licensing authority that such operation has been performed.

E. "Payment of license fee." A license fee shall be paid at the time of making application. The license fee shall be Ten ($10) Dollars for each neutered dog and Twenty-five ($25) Dollars for each un-neutered (intact) dog.

F. "Exemption from license fee." License fees shall not be required for Seeing Eye dogs, government police dogs, or dogs belonging to a nonresident of the Town and kept within the boundaries of the Town for not longer than thirty (30) days; provided that all dogs of nonresidents shall at the time of entry into the Town be properly vaccinated against rabies, and while kept within the Town, meet all other requirements of this Chapter. Any owner claiming any of these exemptions has the burden of proving to the satisfaction of the licensing authority that the dog in question is entitled to such exemption.

G. "License Optional." Owners of cats, ferrets and other domestic, tame animals are encouraged to license their animals or have a veterinarian inject a microchip to help identify or locate their animal if it becomes lost.

H. "Penalties." Any owner of a dog over the age of four (4) months who fails to obtain a license within the time period specified in this Chapter shall be subject to a civil penalty of Fifty Dollars ($50.00).

6.04.180 License tags; identification.

A. Upon payment and acceptance of the license fee, the licensing authority shall issue a durable license tag (or collar), stamped with an identification number for the animal for which the license has been issued. Any license issued for keeping of a dog shall take effect on the date of issuance and shall be valid for a period of one (1) year. Every dog for which the owner is required to obtain a license must wear a valid license tag (or collar) at all times when the animal is off the premises of its owner.

B. Dog licenses are not transferable. No person may use a license for any other animal other than the animal for which the license was issued. It shall also be unlawful for any person to remove from the neck of any dog the license tag (or collar) issued pursuant to this Section or alter such tag in any manner.

C. The fee for issuance of a duplicate license tag is Three ($3) Dollars.

D. Identification of other animals. Owners of cats, ferrets and other domestic, tame animals are encouraged to license their animals or have a veterinarian inject a microchip to help identify or locate their animal if it becomes lost.

6.04.190 Impoundment.

A. In addition to any other remedies provided in this Chapter, an Animal Control Officer or a police officer may seize, impound and humanely confine to an animal shelter or hospital any of the following animals:

1. Any dog without a valid license tag;

2. Any animal at large;

3. Any animal constituting a public nuisance or considered a danger to the public;

4. Any animal that is in violation of any quarantine or confinement order of the Town’s or the County’s chief health officer;

5. Any unattended animal that is ill, injured or otherwise in need of care;

6. Any animal that is reasonably believed to have been abused or neglected;

7. Any animal that is reasonably suspected of having rabies;

8. Any animal that is reasonably believed to have bitten a person or which is reasonably believed to be vicious, dangerous, or whenever the Animal Control Officer or a police officer determines that there is a threat to public health and safety;

9. Any animal that a court of competent jurisdiction has ordered impounded or destroyed;

10. Any animal that is considered unattended or abandoned, as in situations where the owner is deceased, has been arrested, or evicted from his regular place of residence.

B. An Animal Control Officer or police officer may also, or in lieu of impoundment, issue to the owner a notice of violation. Such notice shall impose upon the owner a civil penalty of Seventy-Five ($75) Dollars that may, at the discretion of the animal owner, be paid to the Magistrate Court in full satisfaction of the assessed penalty. In the event that such civil penalty is not paid, the owner shall appear before the Magistrate Court at a hearing to be set by the judge.

C. The fees for the impoundment of animals shall be set by a schedule of fees adopted from time to time by resolution of the Town Council.

6.04.200 Notice to owner and redemption.

A. Upon impoundment of an animal, the Animal Control Officer shall promptly attempt to notify the owner by telephone or mail. If the owner is unknown, the officer shall deliver the animal to an animal shelter. Any notice to the owner shall also include the location of the shelter or hospital where the animal is confined. The owner shall also be advised that the failure to claim the animal within a specific period of time may result in the disposition of the animal.

B. An owner reclaiming an impounded animal shall pay the reasonable costs of impounding, transporting, and caring for the animal as set by a schedule of fees adopted from time to time by resolution of the Town Council.

C. Any animal not reclaimed by its owner within seventy-two (72) hours shall become the property of the Town and may be placed for adoption in a suitable home or euthanized in a manner prescribed by law and the policies of the animal control facility, humane society or animal hospital.

6.04.210 Additional sanctions and remedies.

A. As part of any order, judgment or finding issued by a judge for violations of this Chapter, in addition to any civil penalties or fines imposed, the judge shall have the authority to order any of the following sanctions and remedies:

1. Obedience training for the animal(s) in question;

2. Muzzling of an animal while off the property of the owner;

3. Required purchase and use of bark collars for dogs;

4. Confinement of an animal indoors or to a leash;

5. Requiring the owner to take measures to reduce or eliminate noise, odor or other problems which create a public nuisance.

6. Confinement of an animal in a secure enclosure, including the construction of such enclosure;

7. Restriction of the number of animals kept at any location, including a ban on keeping certain species of animals at a location;

8. Removal of an animal from a person or a location;

9. Sterilization of an animal;

10. Any other remedy or sanction designed to eliminate a violation of this Chapter, prevent future violations of this Chapter, or which otherwise protects the health and safety of the public.

6.04.220 Enforcement.

The Animal Control Officer or other designees of the Chief of Police shall be the enforcement officials for this Chapter. These officials, along with police officers, shall have the authority to act on behalf of the Town in investigating complaints, impounding and destroying animals, issuing citations, and taking other lawful actions as required to enforce the provisions of this Chapter. It shall be a violation of this Chapter to interfere with any Animal Control Officer or other enforcement official in the performance of those duties.

6.04.230 Failure to comply with lawful order.

The failure to comply with any lawful order of an Animal Control Officer, police officer or other enforcement official, unless such order is lawfully stayed or reversed by a court of competent jurisdiction shall be a violation of this Chapter.

6.04.240 Citations and penalties.

A. The Animal Control Officer or any other law enforcement officer may cite violators of this Chapter using the uniform traffic citation form or any other form approved by the Chief of Police. The citation shall show the specific Section or Sections alleged to have been violated, a brief description of the violation, whether the citation is for a civil or criminal offense, and whether the violation is charged as a second, third or greater offense. If there is no designation of a second or greater offense, the citation shall be considered a first offense. For continuing violations, the dates or the number of days shall also be noted on the citation.

B. Civil Violation. When a violation of this Chapter is undesignated or designated a first offense by the Animal Control Officer, other enforcement officer or the Town Attorney, a person found to have been in violation of this Chapter shall be deemed to have committed a civil offense and shall be subject to a civil penalty of not less than Twenty-Five Dollars ($25.00) nor more than Two Hundred Fifty Dollars ($250), plus restitution for medical treatment or any other economic loss suffered by any person.

C. Criminal Violation. When a person convicted of a violation of this Chapter is a person who has been previously convicted of a violation of a provision of this Chapter within a period of twelve (12) months, or is a kennel operator, breeder or handler, with or without the required kennel or breeder’s license, the person shall be deemed to have committed a Class 3 Misdemeanor, pursuant to Arizona Revised Statutes, Title 13, Chapters 6, 7 and 8, as amended, and shall be subject to a fine of not less than Seventy-Five Dollars ($75.00) nor more than Five Hundred Dollars ($500.00) for each violation or count, plus surcharges, fees and restitution for medical treatment or any other economic loss suffered by any person.

6.04.250 Continuing violations.

If any violation of this Chapter continues, each day’s violation shall be deemed as a separate violation, as long as the Animal Control Officer or enforcement official notes the dates or the number of days on the citation.

6.04.260 Conflicting Chapters.

All other Ordinances or Chapters of the Town of Pinetop-Lakeside, Arizona that are in conflict with this Chapter are hereby repealed to the extent of such conflict, only.

6.04.270 Severability.

The provisions of this Chapter are declared to be severable. If any Section, sentence, clause or phrase of the Chapter shall for any reason be held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining Sections, sentences, clauses, and phrases of this Chapter, but they shall remain in effect; it being the legislative intent that this Chapter shall remain in effect notwithstanding the validity of any part. (Ord. 05-247)

6.04.280 Prohibiting public sales of household animals.

A. Public Sale of Household Animals.

1. Prohibiting the public sale of household animals by knowingly selling on:

a. Public highways, streets or parks or any public property adjacent to public highways, streets or parks.

b. Commercial private property without the written consent of the owner or lessee of the property.

2. Allowing the public sale of animals:

a. By retail sales on the premises of a pet store.

b. At a publicly operated or private, charitable nonprofit pound, humane society, animal rescue organization or educational or agricultural association or any animal adoption activity that a pound or humane society conducts including adoption or sales off site.

c. At a rodeo, auction, market, county fair, stock show or other sanctioned livestock event.

d. At a private residence.

B. Any person found guilty of violating any provisions of this section shall be guilty of a class 2 misdemeanor that carries a penalty of up to four (4) months in jail, two (2) years’ probation and a seven hundred fifty dollar ($750.00) maximum fine. Each day that a violation continues shall be a separate offense.

C. Definitions.

1. "Household animal" means any living species of mammal, bird or reptile that may be housed in a private residence.

2. "Pet store" means a commercial establishment that engages in a for-profit business of selling at retail cats, dogs or other animals, but does not include commercial livestock operations and commercial livestock auction markets. (Ord. 08-320 §§ 2, 3, 4)

6.04.290 Wild animals.

A. An individual and/or property owner who leaves garbage, refuse, or debris outside that results in attracting bears, coyotes, javelinas, or other similar wild animals shall be given a verbal or written warning advising them that a second violation will result in a civil citation.

B. An individual and/or property owner who fails to take remedial action to avoid contact between humans and bears, coyotes, javelinas, or other similar wild animals after having been notified by Animal Control or any peace officer is guilty of a civil violation. Remedial action may include, without limitation, actions to secure or remove outdoor trash and any other food source or attractant likely to attract bears, coyotes, javelinas, or other similar wild animals.

C. Exhibitions or parades of wild animals may be conducted only upon securing a permit from the Town unless the exhibition or parade is conducted by another government agency or is adequately covered under another Town permit. (Ord. 10-343 § 2)