CITY OF BULLHEAD CITY COUNCIL COMMUNICATION MEETING DATE: AprilS, 2016 SUBJECT: DEPT OF ORIGIN: Reducing certain animal violations from class 3 misdemeanor to petty offense City Manager DATE SUBMITTED: March 28, 2016 SUBMITTED BY: Toby Cotter, City Manager on behalf of Council Member Steve D'Amico SUMMARY: This request is to amend Chapter 6.08, Dogs and Cats, of the Bullhead City Municipal Code, by amending the penalties for violations for length of leashes, license and tag violations and first offenses for barking dog violations, and reducing them from class 3 misdemeanors to petty offenses. The significant result of the amendments makes these offenses, except for second or subsequent barking dog violations, not eligible for jail sentences but subject to fines of not more than $300. Fines are still subject to applicable surcharges and fees as required by state law. FISCAL IMPACT: None Finance Department ATTACHMENTS: Ordinance No. 2016-~, adopting the amendments by reference. Resolution No. 2016R-~, declaring the amendments a public record. Text of new ordinance "Animal Care and Welfare Amendments 2016." LEGAL REVIEW: RECOMMENDATION: Move to approve Ordinance No. 2016- fi by adopting and adding the provisions contained within that document attached hereto and entitled "Animal Care and Welfare Amendments 2016" to the Bullhead City Municipal Code; and declaring the document a public record under Resolution No. 2016R-~. APPROVED FOR SUBMITTAL BY: CITY CLERK'S USE ONLY COUNCIL ACTION TAKEN Resolution No. Ordinance No. Approved Other Continued To: Referred To: Denied FileNo. BHC-16 (10/2001) Revised (06/13/06) j:\forms\council comm form.doc
ORDINANCE NO. 2016-5 AN ORDINANCE OF THE MAYOR AND CITY COUNCIL OF THE CITY OF BULLHEAD CITY, ARIZONA, AMENDING CHAPTER 6.08, DOGS AND CATS, OF THE BULLHEAD CITY MUNICIPAL CODE. BE IT ORDAINED by the Mayor and City Council of the City of Bullhead City, Arizona: SECTION 1: That certain document known as "Animal Care and Welfare Amendments 20 16" with one paper copy and one electronic copy on file in the office of the City Clerk of the City of Bullhead City, Arizona, and which document is made a public record by Resolution No. 2016R-Jk of the City of Bullhead City, Arizona, is hereby referred to, adopted and made a part hereof as if fully set out in this ordinance. SECTION 2: If any section, subsection, sentence, clause, phrase or portion of this ordinance or any part of the amendment to the fee schedule adopted herein by reference is for any reason held to be invalid or unconstitutional by the decision of any court of. competent jurisdiction, such decision shall not affect the validity of the remaining portions thereof. SECTION 3: The ordinance will become effective 30 days from the date this ordinance is passed and adopted by the City Council. PASSED AND ADOPTED by the Mayor and City Council of the City of Bullhead City, Arizona, this 5th day of April, 2016. Tom Brady, Mayor ATTEST: Date: -------------------- Susan Stein, Fl MC, City Clerk APPROVED AS TO FORM: Gamet K. Emery, City Attorney
RESOLUTION NO. 2016R-1 ~ A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF BULLHEAD CITY, ARIZONA, DECLARING AS A PUBLIC RECORD THAT CERTAIN DOCUMENT FILED WITH THE CITY CLERK AND ENTITLED "ANIMAL CARE AND WELFARE AMENDMENTS 2016." BE IT RESOLVED BY the Mayor and Council of the City of Bullhead City, Arizona, that certain document entitled "Animal Care and Welfare Amendments 2016" with one paper and one electronic copy on file in the office of the City Clerk, is hereby declared to be a public record, and said copies are ordered to remain on file with the City Clerk. PASSED AND ADOPTED by the Mayor and City Council of the City of Bullhead City, Arizona this 5th day of April, 2016. Tom Brady, Mayor ATTEST: Date: -------------------- Susan Stein, City Clerk (SEAL) APPROVED AS TO FORM: Gamet K. Emery, City Attorney
ANIMAL CARE AND WELFARE AMENDMENTS 2016 Chapter 6.08 DOGS AND CATS Sections: 6.08.010 Definitions. 6.08.015 Number of pets per residence. 6.08.020 Public nuisance. 6.08.030 Animal at large while in estrus- Prohibited. 6.08.040 Running at large. 6.08.045 Dog at large- Restitution. 6.08.050 Slaughter of animals. 6.08.060 Disturbing the peace. 6.08.070 License required. 6.08.080 License fees. -- 6.08.090 Tags. 6.08.100 License transfer. 6.08.120 Rabies vaccination prerequisite to License issuance. 6.08.130 Proof of neutering. 6.08.140 Impoundment of dog at large or Cat that is a public nuisance Notice to owner. 6.08.150 Length of impoundment. 6.08.160 Redemption. 6.08.170 Adoption. 6.08.180 Treatment of injured or diseased Dogs or cats. 6.08.190 False or misleading reports to Enforcement officers. 6.08.040- Running at large. A. No person owning, keeping, possessing, harboring or maintaining a dog shall allow such dog to be at _: ---large.-adog-is not deemed to be at large: 1. While it is tethered and restrained by a leash, chain, rope or cord so as to keep the dog completely on the premises where secured and of sufficient strength to control its actions; 2. While it is restrained by a leash of not more than eight feet in length or twenty feet in length if the dog is in the Colorado river, and of sufficient strength to control its actions and is accompanied by a person of sufficient strength who in fact controls the dog; 3. While it is actively engaged in dog obedience training accompanied by and under the control of his owner or trainer with a dog leash sufficient in length and strength to control the dog; Page 1
4. While the dog is confined by an enclosure, including any city dog park; 5. While the dog is being used for hunting purposes; 6. While such dog is being exhibited at a kennel club show; 7. While such dog is engaged in races approved by the Arizona Racing Commission. 8. An enforcement officer shall either apprehend and impound any dog running at large contrary to the provisions of this section, cite the owner into city court, or both. C. When it is necessary for the protection of people or property, any duly appointed enforcement officer who has reasonable cause to believe that a dog at large is a vicious dog and who reasonably believes that the dog cannot be safely captured and impounded, may take appropriate steps to capture or destroy the vicious dog as humanely as possible with due regard for the safety of all humans or other animals. D. A violation of this section carries a minimum fine of two hundred dollars, plus applicable surcharges and fees. A second violation within six months of the date of commission of the first, carries a minimum fine of five hundred dollars, plus applicable surcharges and fees. The preceding minimum fine ffiare inapplicable when the violation consists only of a leash exceeding the maximum allowable length. and in that case. is a petty offense, plus applicable surcharges and fees as a first offense. E. A violation of this section which involves the dog at large biting another dog carries a minimum fine of five hundred dollars, plus applicable surcharges and fees. A second offense within six months of the date of commission of the first, elevates the offense to a Class 1 misdemeanor and carries a minimum fine of one thousand dollars, plus applicable surcharges and fees. F. A violation of this section which involves the dog at large biting a person is a Class 1 misdemeanor and carries a minimum fine of one thousand dollars, plus applicable surcharges and fees. A second offense within six months of the date of commission of the first, carries a minimum fine of two thousand dollars, plus applicable surcharges and fees. G. "Biting" for purposes of this section carries the same meaning as that described for "bites" under Section 6.04.020 herein. (Ord. No. 2014-13, 1, 6-17-2014; Ord. 98-917 2 (part): Ord. 86-76 5: prior code 6-2-1) 6.08.060 - Disturbing the peace. A. Any person who keeps or permits to remain on any premises within the city any "barking dog" as defined by this code is guilty of a violation of this section, provided that, during the time the dog(s) is/are barking, no person is trespassing or threatening to trespass or no person is teasing or provoking the dog(s). B. Any person living within three hundred feet of the location of and being disturbed by a "barking dog," as defined by this code, may request a police officer or animal control officer to issue a citation to the owner of the dog(s) disturbing the peace. The "barking dog" must occur within the presence of the police officer or animal control officer and be to the extent that a reasonable person could be disturbed by the "barking dog." C. A violation of this section is punishable as a petty offense, plus applicable surcharges and fees. Any subsequent offense within six months of the date of commission of the first, carries the penalties.netwith&tafl.ei+rg the penalty....outlined in Section 6.04.140, at the prosecutgfs--er-cwft's--giscretion aa--effense--tlfltler this sectioa--fnay--ge--re itig8 1-t-&-a-petty~ fine of net-rner:e than thfee-huadred dollars, plus applicable surcharges and fees. Page 2
(Ord. No. 2014-13, 1, 6-17-2014; Ord. 2012-4, 3, 4-3-2012; Ord. 2003-36, 8; Ord. 98-917, 2 (part); Ord. 95-748, 1; prior code, 6-2-2) 6.08.070 - license required. It is unlawful for any person to own, harbor or keep a dog, cat or pot-bellied pig over four months of age without a Bullhead City license for such animal residing in the Bullhead City limits more than sixty consecutive days within a period of one year. Not>.vithstanding the preceding provision, any person under requirement to license an animal and has not done so, 'Nill not be issued a citation or prosecuted for that failure so long as the person voluntarily appears at a city animal shelter with the animal and licenses the animal pursuant to the requirements of this Title 6 between August 1, 2014 and October 31, 2014. This exception only applies if the person appears 'Nithout first having been issued a citation or complaint or having been the subject of a police report concerning the behavior or licensing of the animal. A violation of this section is punishable as a petty offense. plus applicable surcharges and fees. (Ord. No. 2014-13, 1, 6-17-2014; Ord. 98-917 2 (part): prior code 6-2-4) 6.08.090 - Tags. A. Each dog or cat licensed under the terms of this chapter shall receive, at the time of licensing, a tag on which shall be inscribed the name of the city, the number of the license, and the year in which it expires. The tag shall be attached to a collar which shall be worn by the dog or cat at all times except as otherwise provided. Whenever a dog or cat tag is lost, a duplicate tag will be issued for a fee set by the comprehensive fee schedule. B. Dogs, while being used for hunting, or dogs and cats while being exhibited at an approved kennel club event, or dogs engaged in races approved by the Arizona Racing Commission, and while such dogs and cats are being transported to and from such events, need not wear a collar or harness with a valid license attached, provided that they are properly vaccinated, licensed and controlled. C. Any person who counterfeits or attempts to counterfeit an official dog or cat tag, or removes such tag from any dog or cat for the purpose of willful and malicious mischief, or places a dog or cat tag upon a dog or cat, unless the tag was issued to that dog or cat, is guilty of a Class 3 misdemeanor. Any other violation of this section is punishable as a petty offense. plus applicable surcharges and fees. (Ord. 98-917 2 (part): prior code 6-2-6) Page 3