Moab, Utah

Salt Lake City, Utah

Moab, Utah

Moab, Utah City Code

 

Title 6 ANIMALS

Chapter 6.04 ANIMAL CONTROL

6.04.010 Owner defined.

6.04.020 Employment of officers.

6.04.030 Poundkeeper--Office designated.

6.04.040 Registration of dogs.

6.04.050 Dog registration--Certification.

6.04.060 Dog registration--Receipt and tag.

6.04.070 Annual registration--Fees for un-neutered and un-spayed dogs.

6.04.071 Lifetime registration--Fees for neutered and spayed dogs.

6.04.080 Tag--Duty of owner to attach.

6.04.090 Tag--Removal by person other than owner unlawful.

6.04.100 Tag--Replacement.

6.04.110 Change of ownership of dog or cat.

6.04.120 Limit of number of dogs kept on premises.

6.04.130 Records to be kept.

6.04.140 Kennels and runs.

6.04.150 Rabies--Vaccination required.

6.04.160 Rabies--Vaccination tag.

6.04.170 Rabies--Quarantine.

6.04.180 Rabies--Examination of biting animal required.

6.04.190 Rabies--Police authority.

6.04.200 Impoundment--Animal control officer authority.

6.04.210 Impoundment--Registration.

6.04.220 Impoundment--Notice.

6.04.230 Impoundment--Redemption of animal without tag.

6.04.240 Impoundment--Redemption term.

6.04.250 Impoundment--Fees.

6.04.260 Disposal--Release.

6.04.270 Disposal--Destruction.

6.04.280 Dogs or cats in public places--Authority to apprehend.

6.04.290 Dogs or cats in public places--Prohibited where--Exclusions.

6.04.295 Female dogs or cats in heat--Failure of owner to restrain.

6.04.300 Dogs or cats in public places--Maximum length of leash--Exception.

6.04.310 Dogs or cats in public places--Prohibited where--Exception for written permission.

6.04.320 Disturbing the peace.

6.04.330 Dog fights.

6.04.340 Fierce or dangerous dogs--Prohibited.

6.04.350 Fierce or dangerous dogs--Destruction.

6.04.360 Abandonment unlawful.

6.04.370 Livestock running at large prohibited.

6.04.380 Leading or running at large of wild animals prohibited.

6.04.390 Conveyance of livestock through city.

6.04.400 Cruelty to animals a class B misdemeanor.

6.04.410 Killing or injuring animals with vehicle.

6.04.420 Sanitation of pet shops.

6.04.430 Premises confining animals.

6.04.440 Barns and stables.

6.04.450 Abandoning diseased animals.

6.04.460 Removal of dead animals.

6.04.470 Poisoning animals.

6.04.480 Noise caused by animals.

6.04.490 Animals in street.

6.04.500 Animals running at large.

6.04.510 Registration of cats.

6.04.511 Annual registration--Fees for un-neutered and un-spayed cats.

6.04.512 Lifetime registration--Fees for neutered and spayed cats.

6.04.520 Cats to be provided with collar or harness.

6.04.530 Inoculation of cats.

6.04.540 Limit of number of cats kept on one premises.

6.04.550 Cats running at large without collar or name tag.

6.04.560 Guard dog--Permit--Required.

6.04.570 Guard dog--Permit--Application and fee.

6.04.580 Guard dog--Confinement provisions.

6.04.590 Guard dog--Seizure and impoundment upon violation of Sections 6.04.560 through 6.04.580.

6.04.600 Police officer--Authority.

6.04.610 Police officer--Assistance.

6.04.620 Violation--Penalty.

Title 6 ANIMALS

Chapter 6.04 ANIMAL CONTROL

6.04.010 Owner defined.

Any person owning a cat or dog, or providing shelter or food or otherwise harboring such animal for a period of five days or more shall be deemed an "owner" thereof, and be under the duties with respect to such animal as imposed by this chapter. (Ord. 4-81 (part), 1981: prior code §4-40)

6.04.020 Employment of officers.

The chief of police, with the consent of the city council, shall employ one or more animal control officers for the city. Such animal control officer shall have the duty to enforce all provisions of this chapter. He shall be subject to the supervision of 6.04.030--6.04.070 the chief of police as may from time to time be provided by the personnel policies and procedure manual. (Ord. 4-81 (part), 1981: prior code §4-1)

6.04.030 Poundkeeper--Office designated.

The office of the city poundkeeper is established, and shall be filled by appointment of the mayor. No person shall take his own animal or that of any other person out of the custody of the person holding the same for any damage done by it, or out of the city pound by stealth or by force or to interrupt or hinder the poundkeeper in the discharge of his duties. (Ord. 4-81 (part), 1981: prior code §4-2)

6.04.040 Registration of dogs.

Every dog owner within city limits shall cause every dog over the age of six months owned by said owner to be registered and shall pay to the city any applicable registration fee, as provided for in this chapter. (Ord. 02-01 (part), 2002: Ord. 4-81 (part), 1981: prior code §4-3(1))

6.04.050 Dog registration--Certification.

The registrant shall state at the time the application is made the owner's name and address, and the sex, breed, and color of the dog for which such application is being made. The registrant shall also present a certificate from a licensed veterinarian stating that the dog has been vaccinated for the prevention of rabies, and such certificate must give the last date of vaccination and the number of the vaccination tag issued by the veterinarian at the time of the vaccination. (Ord. 4-81 (part), 1981: prior code §4-3(2))

6.04.060 Dog registration--Receipt and tag.

It is the duty of the city recorder to register any dog upon application of the owner or keeper, and to issue a registration receipt and metallic registration tag on payment by the owner or keeper to the city treasurer of the annual registration fee. Such registration receipt and metallic registration tag shall be valid and enforced during the calendar year for which it is issued, and until the first day of January of the next succeeding year. (Ord. 4-81 (part), 1981: prior code §4-3(3))

6.04.070 Annual registration--Fees for un-neutered and un-spayed dogs.

The fee for an annual license under this chapter shall be twenty dollars for an un-neutered male dog, or for an un-spayed female dog. No license will be issued for a sum less than the full annual fee, except, however, the license fee shall be waived for in-service or assistant dogs. (Ord. 02-01 (part), 2002: Ord. 4-81 (part), 1981: prior code §4-4)

6.04.071 Lifetime registration--Fees for neutered and spayed dogs.

There shall be no fee for a lifetime license under this chapter provided that the following requirements are met:

A. Male dogs must be neutered.

B. Female dogs must be spayed.

C. Proof of rabies vaccination by means of a current rabies vaccination certificate or tag must be provided to the city treasurer’s office upon initial licensing and prior to the thirty-first day of December of each year. Failure to provide proof will result in revocation of the lifetime license.

D. The city treasurer’s office must be notified of change of addresses or ownership within thirty days.

E. For animals lees than six months of age, proof of spay or neuter must be submitted within six months of registration date. (Ord. 02-01 (part), 2002)

6.04.080 Tag--Duty of owner to attach.

It is the duty of the owner or keeper of any dog so registered to provide a suitable collar for such dog to wear and to attach thereto the metallic registration tag. (Ord. 4-81 (part), 1981: prior code §4-5)

6.04.090 Tag--Removal by person other than owner unlawful.

It is unlawful for any person other than the owner to remove the collar from any dog to which collar has been attached the metallic registration tag herein required, or to remove such metallic registration tag from the collar to which it has been attached. (Ord. 4-81 (part), 1981: prior code §4-6)

6.04.100 Tag--Replacement.

Any owner of a licensed dog or cat whose license tag has been lost may secure a replacement tag by paying a fee of fifty cents to the city recorder. (Ord. 4-81 (part), 1981: prior code §4-7)

6.04.110 Change of ownership of dog or cat.

Whenever the ownership of a dog or cat shall change, the new owner shall notify the city recorder and pay the city recorder the sum of one dollar, whereupon the city recorder shall change the record accordingly for such dog or cat. (Ord. 4-81 (part), 1981: prior code §4-8)

6.04.120 Limit of number of dogs kept on premises.

No more than two dogs may be licensed to be kept at any family dwelling, provided that licenses for dogs previously issued may be renewed for such dogs. (Ord. 4-81 (part), 1981: prior code §4-9)

6.04.130 Records to be kept.

The city recorder shall maintain a complete registry of all licensed dogs and cats, describing the same by name of owner, address, name, breed and number on the city license tag. (Ord. 4-81 (part), 1981: prior code §4-10)

6.04.140 Kennels and runs.

It is unlawful for the owner or occupant of any premises on which a kennel, run or other structure for housing or keeping of animals is situated, to allow such kennel, run or other structure, or the premises on which the same is situated, to become unsanitary, unclean, or to emit undue stench or odor. The owner or occupant of any premises permitting such conditions to exist who does not abate such condition within three days after notice thereof, shall be guilty of a misdemeanor. (Ord. 4-81 (part), 1981: prior code §4-11)

6.04.150 Rabies--Vaccination required.

It is unlawful for any person to own, keep or harbor a dog over the age of six months within the limits of the city unless such dog has been vaccinated for rabies by a licensed veterinarian within two years preceding the date on which such dog is kept or harbored, and unless the owner or keeper of such dog has a certificate from such veterinarian showing the date of the last vaccination and the number of the vaccination tag issued by the veterinarian at the time of vaccination. (Ord. 4-81 (part), 1981: prior code §4-12(1))

6.04.160 Rabies--Vaccination tag.

Every owner or keeper of any dog shall cause to be attached to such dog's collar required by Section 6.04.080, a rabies vaccination tag for such dog. (Ord. 4-81 (part), 1981: prior code §4-12(2))

6.04.170 Rabies--Quarantine.

Whenever an animal bites a person so as to cause an abrasion of the skin, any person having knowledge of that fact shall immediately notify an animal control officer, who shall have the dog impounded and quarantined for a period of ten days, provided that if the animal has a current rabies vaccination the animal control officer may allow the animal to be quarantined at the residence of the owner. Any animal so quarantined shall be chained or otherwise contained solely on the property of the owner. Any animal so quarantined shall be chained or otherwise contained solely on the property of the owner. The animal shall be examined immediately after it has bitten anyone and again at the end of the ten-day period. If at the end of the ten days, a veterinarian is convinced that the animal is then free from rabies, the animal shall be released from quarantine or from the pound as the case may. If the animal dies in the meanwhile, its head shall be sent to the State Department of Health for examination for rabies. The owner shall be liable to the city for the cost of such examination. (Ord. 4-81 (part), 1981: prior code §4-12(3))

6.04.180 Rabies--Examination of biting animal required.

It is unlawful for the owner or keeper of any animal which has bitten a person so as to cause an abrasion of the skin to fail, refuse or neglect to allow, or in any way prevent an examination of such dog by a licensed veterinarian upon the request of an animal control officer, a police officer, or official of the city and county health department of Grand County, or to fail, refuse or neglect to allow, or in any way prevent, such animal from being impounded or quarantined. (Ord. 4-81 (part), 1981: prior code §4-12(4))

6.04.190 Rabies--Police authority.

Any animal suffering from rabies or any animal bitten by any animal suffering from rabies is a nuisance and such animal may be slain by any policeman, without notice to the owner thereof. It shall be the duty of any person owning or exercising agency over such animal to surrender any such animal to any policeman upon demand. (Ord. 4-81 (part), 1981: prior code §4-12(5))

6.04.200 Impoundment--Animal control officer authority.

It shall be the duty of the animal control officer to apprehend and impound any animal found running at large in the city. Any person apprehending any animal running at large on his property may deliver the same to the animal control officer for impoundment in the city pound. (Ord. 4-81 (part), 1981: prior code §4-13(1))

6.04.210 Impoundment--Registration.

The poundkeeper or his duly appointed agent shall immediately upon impounding of any dog or cat make a complete registry thereof, entering the breed, color and sex of such animal and whether licensed, if known. If licensed, he shall enter the name and address of the owner and the number of the license tag. If known and if bearing an inoculation tag, the number of such tag shall be recorded. (Ord. 4-81 (part), 1981: prior code §4-13(2))

6.04.220 Impoundment--Notice.

When any licensed dog or cat shall be impounded pursuant to this chapter, the poundkeeper shall forthwith give notice in person or by mail or telephone to the owner of such licensed animal, and the reason therefor. Written or oral notice given to the owner or keeper or to any member of his or her household over the age of fourteen years, shall be construed as personal notice, and notice by mail shall be accomplished by depositing such notice in the mail, at the post office in Moab, addressed as above stated, postage prepaid. (Ord. 4-81 (part), 1981: prior code §4-13(3))

6.04.230 Impoundment--Redemption of animal without tag.

Any dog or cat for which a license fee for the current year has been paid, which may during such year be impounded or taken up for being at large without a collar and tag, for which satisfactory proof shall be given to the city recorder by affidavit of the owner thereof or by other sufficient testimony that such animal was so licensed and that a collar was put around its neck with a license tag attached thereto as provided in this chapter, and that such collar has been lost or taken from such dog, may be redeemed by the owner of such animal upon payment to the city recorder of a fee as hereinafter provided for the taking up or impounding of such animal and the cost of keeping such animal while impounded. Upon any such animal being so redeemed, the city recorder shall deliver to the owner thereof a new license tag upon payment to the city recorder by such owner a fee of one dollar for such tag. (Ord. 4-81 (part), 1981: prior code §4-13(4))

6.04.240 Impoundment--Redemption term.

An unlicensed dog or cat which shall have been impounded may be redeemed during the first two days after being impounded by any person claiming to own, or to act for the owner of, such animal, and after such two days by any person on payment of the fees and costs set forth in Sections 6.04.200 through 6.04.250. (Ord. 4-81 (part), 1981: prior code §4-13(5))

6.04.250 Impoundment--Fees.

For every dog or cat taken up and impounded as provided in this chapter, there shall be paid to the city recorder for the use of the city by any person desiring to redeem such animal the following sum as a fee for taking up or impounding such animal, plus the annual license fee provided in this chapter and the cost of keeping such dog while impounded:

A. Five dollars for the first taking up;

B. Fifteen dollars for the second taking up;

C. Thirty dollars for the third and subsequent takings within any one year. (Ord. 4-81 (part), 1981: prior code §4-13(6))

6.04.260 Disposal--Release.

At the expiration of three days from the date of notice to the owner, if any dog or cat licensed which has been impounded pursuant to this chapter has not been redeemed by the owner thereof, the poundkeeper, at his discretion, may release any such animal to any person paying the fees provided in Section 6.04.250 in case of redemption, or may release any such animal with or without the payment of any fee or costs on the payment of such amounts, if any, as he shall determine. (Ord. 4-81 (part), 1981: prior code §4-14(1))

6.04.270 Disposal--Destruction.

If any unlicensed dog or cat is not redeemed within three days after being impounded, it shall be subject to being destroyed by order of the poundkeeper, provided, that the poundkeeper, in his discretion, may release any such animal to any person paying the fees provided in Section 6.04.250 in case of redemption, or may release any such animal with or without the payment of any fee or costs on the payment of such amounts, if any, as he shall determine. (Ord. 4-81 (part), 1981: prior code §4-14(2))

6.04.280 Dogs or cats in public places--Authority to apprehend.

It is unlawful for the owner or keeper of any dog or cat, whether registered according to this chapter or not, to permit such animal to run at large at any timewithin the limits of the city, and the owner of any such dog or cat found running at large shall mean off the premises of the owner or keeper and not under the control of the owner or keeper or a member of his immediate family, either by leash, cord, chain, or other means by which the animal can be adequately controlled. It shall be the duty of the animal control officer to apprehend and impound any dog or cat found running at large within the limits of the city; and in the discharge of this duty such officers, when in pursuit of a dog or cat found running at large, shall have the right and are authorized to enter and go upon the premises of the owner or keeper of such animal and there apprehend the same. (Ord. 4-81 (part), 1981: prior code §4-15(1))

6.04.290 Dogs or cats in public places--Prohibited where--Exclusions.

No dogs or cats shall be permitted, even though on leash, to be on or upon any church premises, any public hall, public garage, gas station, restaurant, ice cream parlor or soft drink parlor, office, store (excluding a pet shop), market, confectionery shop, school premises or grounds at any time within the city during the time that such places are open and doing business. (Ord. 4-81 (part), 1981: prior code §4-15(2))

6.04.295 Female dogs or cats in heat--Failure of owner to restrain.

Every female dog or cat within the city limits which is in heat shall be confined in a building or secure enclosure in such a manner that such female dog or cat cannot come into contact with another animal except for planned breeding. It shall be a misdemeanor for an owner of a female dog or cat in heat to fail to restrain such animal. (Ord. 89-05, 1989)

6.04.300 Dogs or cats in public places--Maximum length of leash--Exception.

No leash shall be greater than eight feet in length; provided, however, that this section shall not apply to dogs leading blind persons. (Ord. 4-81 (part), 1981: prior code §4-15(3))

6.04.310 Dogs or cats in public places--Prohibited where--Exception for written permission.

No dogs, cats or other animals shall be permitted, even though on leash, to be on or upon the premises of any church, public hall, school premises or grounds, including city parks, except upon written permission of the authority exercising control over such property. (Ord. 83-02, 1983: Ord. 4-81 (part), 1981: prior code §4-15(4))

6.04.320 Disturbing the peace.

It is unlawful for any person to harbor, keep, or own, within the limits of the city, any dog or cat which by barking, howling, yowling, yelping, or making other loud or unusual noises, disturbs the peace and quiet of any neighborhood, person, or persons. In addition to any fine which may be imposed, any person convicted of harboring or keeping any dog which disturbs the peace as aforesaid shall immediately cause such dog or cat to be removed from the city limits. Such animal is declared a nuisance and in the event such animal is not immediately removed from the city limits by the owner or keeper, the animal control officer shall destroy such animal. In the discharge of his duties hereunder, the animal control officer shall have no liability and the city shall have no liability for any acts authorized by this section. (Ord. 4-81 (part), 1981: prior code §4-16)

6.04.330 Dog fights.

It is unlawful for any person within the limits of the city to in any manner whatever encourage or urge dogs or any other animals or fowl to fight or urge them after they commence to fight. (Ord. 4-81 (part), 1981: prior code §4-17)

6.04.340 Fierce or dangerous dogs--Prohibited.

It is unlawful for any person to harbor, keep, own, or possess a rabid, dangerous, vicious, or mischievous dog within the limits of the city, and any such dog is declared to be a nuisance. Any dog found within the city may be declared by the animal control officer to be a dangerous or vicious dog if the dog has bitten, attacked or attempted to bite or attack one person under such circumstances in which the animal control officer, in his sole discretion, deems to be unprovoked or unjustified. When the animal control officer makes such determination, he shall cause written notice to be given to the owner of such animal that such owner has five days in which to destroy such animal or to remove such animal from the city limits of the city. Five days after posting of such notice, if the animal is found within the city limits, it may be impounded and destroyed unless the decision of the animal control officer is appealed as hereafter provided. If, during the five days, such dog is found running at large within the city limits, any person or police officer is authorized to kill or cause to be killed such dog wherever it may be found. Appeal of the animal control officer's decision must be made to the Circuit Court within the five-day period of the notice and must be served upon the city within such five days, in which event the animal control officer shall not impound such dog during the appeal litigation, but notwithstanding such appeal,if the dog is found running at large it shall be subject to destruction as if no appeal had been taken.

In addition to any fine which may be imposed, any person convicted of harboring or keeping a rabid, dangerous, vicious, or mischievous dog within the limits of the city, shall immediately cause such dog to be removed from the city limits. In the event such dog is not immediately removed from the city limits by the owner or keeper, an animal control officer or any police officer shall destroy such dog. In the discharge of their duties hereunder, such officers shall have the right and are authorized to enter and go upon the premises of the owner or keeper of such dog and there apprehend or destroy the same. (Ord. 4-81 (part), 1981: prior code §4-18)

6.04.350 Fierce or dangerous dogs--Destruction.

It shall be the duty of all animal control officers and peace officers of the city to kill and destroy, or cause to be killed and destroyed, any dog, whether registered or not, found running at large at any time within the limits of the city off the premises of the owner or keeper, when, in the judgment of such officer, it is necessary to kill such dog in order to maintain or to protect the health, safety, peace of property or the inhabitants of the city. (Ord. 4-81 (part), 1981: prior code §4-19)

6.04.360 Abandonment unlawful.

It is unlawful for any person to abandon any animal or turn the same out at large within the limits of the city. (Ord. 4-81 (part), 1981: prior code §4-20)

6.04.370 Livestock running at large prohibited.

No person shall permit any cattle, horses, mules, swine, sheep or goats or other livestock to run at large within the city. (Ord. 4-81 (part), 1981: prior code §4-21)

6.04.380 Leading or running at large of wild animals prohibited.

No person shall permit any bear or other dangerous animal to run at large, nor lead any such animal with a chain or rope or other appliance (whether such animal is muzzled or unmuzzled) in any street, avenue, lane, highway or public place within the city. (Ord. 4-81 (part), 1981: prior code §4-22)

6.04.390 Conveyance of livestock through city.

All livestock shall be conveyed in motor vehicles within the city and it shall be unlawful for any person to drive any domestic animal or livestock through or upon any public thoroughfare of the city; provided, that it shall not be a violation of this section to drive a domestic animal orlivestock through the city if the city council shall have first issued a license or permit and the terms of the license or permit shall not have been violated. (Ord. 84-11, 1984: Ord. 4-81 (part), 1981: prior code §4-23)

6.04.400 Cruelty to animals a class B misdemeanor.

Every person who, within the limits of the city, is cruel to animals in any of the following ways, is guilty of a class B misdemeanor:

A. By overloading, overdriving, overworking, cruelly beating, torturing, tormenting, mutilating or cruelly killing any animal or causing or knowingly allowing the same to be done;

B. By cruelly working any old, maimed, infirm, sick or disabled animal, or causing or knowingly allowing the same to be done;

C. By unnecessarily failing to provide any animal in his charge or custody, as owner or otherwise, with proper food, drink and shelter;

D. By abandoning any old, maimed, infirm, sick or disabled animal;

E. By carrying or driving, or causing to be carried, driven or kept, any animal in an unnecessarily cruel manner;

F. By carrying or driving, or causing to be carried or driven, any animal bound or tied by its legs or bound down by the neck, so that it cannot freely stand in an upright position while being transported. (Ord. 86-06 §5, 1986: Ord. 4-81 (part), 1981: prior code §4-24)

6.04.410 Killing or injuring animals with vehicle.

No person shall wilfully injure, beat, abuse or run down any animal with a vehicle. Any person who kills or injures an animal while driving a vehicle shall stop at the scene of the accident and render such assistance as practicable, shall make a reasonable effort to locate and identify himself to the owner of or any person having custody of the animal, and shall report the accident immediately to the police department. (Ord. 4-81 (part), 1981: prior code §4-25)

6.04.420 Sanitation of pet shops.

No person shall keep, operate or conduct any place of business at which birds, pigeons, dogs or cats or other animals are kept for exhibition or sale or offered for sale, unless such place shall be kept in a clean and sanitary condition and subject at all times to the inspection of the board of health. The board of health is authorized and empowered to close such place of business if the same shall not be kept clean andsanitary, and to keep the same closed until the same shall be placed in a clean and sanitary condition. (Ord. 4-81 (part), 1981: prior code §4-26)

6.04.430 Premises confining animals.

Wherever animals, including fowl, may be tethered, corralled, confined, sheltered or fed, the premises shall be maintained in a neat and sanitary condition, so that no nuisance due to unsightliness, odor, or pest breeding or harborage, shall be caused by such animals or premises. (Ord. 4-81 (part), 1981: prior code §4-27)

6.04.440 Barns and stables.

A. No manure or barn cleanings shall be stacked or caused or permitted to be stacked or piled within two hundred feet of any place used in whole or in part for dwelling purposes, unless stored in a closed bin covered to prevent breeding and access of flies thereto.

B. No owner, lessee or occupant shall keep in an unsanitary condition or improperly ventilated any barn or stable or premises adjacent thereto or in connection therewith.

C. No person shall keep any live swine or pigs in the city, and, except for household pets, no animal shall be kept or maintained closer than one hundred feet from a dwelling other than the dwelling of a person keeping or having such animal, and no barn, pen or corral shall be kept or maintained closer than one hundred feet to any street.

D. No chicken coop, house, or pen, or any other structure used for the containment of fowl, including pigeons, except for household pets, shall be kept or maintained at a distance closer than one hundred feet from the door or windows of any dwelling other than the dwelling of the person keeping or having the same. (Ord. 4-81 (part), 1981: prior code §4-28)

6.04.450 Abandoning diseased animals.

It is unlawful for any person to abandon or turn out at large any sick, diseased, or disabled animal, but such animal shall, when rendered worthless by reason of sickness or other disability, be killed and disposed of by the owner. It shall be the duty of the animal control officer and police officers to kill and dispose of any animals found running at large within the limits of the city which are worthless from sickness, disease, other disability, or which are dangerous, and such action is necessary for the protection of any person or property. (Ord. 4-81 (part), 1981: prior code §4-29)

6.04.460 Removal of dead animals.

It is unlawful for the owner of any animal or fowl that shall die or be killed within the limits of the city to fail to remove or bury the carcass of such animal within ten hours after its death; provided, that no horse, cow, ox, or other animal shall be buried within the closely inhabited portion of the city. (Ord. 4-81 (part), 1981: prior code §4-30)

6.04.470 Poisoning animals.

Every person who wilfully, unlawfully, and maliciously administers any poison to any animal, the property of another, or maliciously exposes any poisonous substance with intent that the same shall be taken or swallowed by any such animal, is guilty of a class B misdemeanor. (Ord. 86-06 §6, 1986: Ord. 4-81 (part), 1981: prior code §4-31)

6.04.480 Noise caused by animals.

It is unlawful to harbor or keep any animal which disturbs the peace by loud noises at any time of the day or night. (Ord. 4-81 (part), 1981: prior code §4-32)

6.04.490 Animals in street.

It is unlawful for any person being the owner or having the charge of any horse, cow, or other animal, to stake the same out or knowingly or intentionally turn the same loose upon the streets, alleys, or public grounds of the city, and every person being the owner of, or having the charge of any such animals, who shall knowingly and intentionally allow and suffer the same to be at large and graze upon the streets, alleys, or public grounds of the city, is guilty of a misdemeanor. (Ord. 4-81 (part), 1981: prior code §4-33)

6.04.500 Animals running at large.

Every person who permits or allows any cattle, horses, swine, sheep, goats, or fowl to run at large within the city, or to trespass on the property of another within the limits of the city, is guilty of a misdemeanor. Any such animal running at large in the city shall be impounded in the manner provided in Sections 6.04.200 through 6.04.250. (Ord. 4-81 (part), 1981: prior code §4-34)

6.04.510 Registration of cats.

Every cat owner within city limits shall cause every cat over the age of six months owned by said owner to be registered and shall pay to the city any applicable registration fee, as provided for in this chapter. (Ord. 02-01 (part), 2002: Ord. 4-81 (part), 1981: prior code §4-35)

6.04.511 Annual registration--Fees for un-neutered and un-spayed cats.

The fee for an annual license under this chapter shall be twenty dollars for an un-neutered male cat, or for an un-spayed female cat. No license will be issued for a sum less than the full annual fee. (Ord. 02-01 (part), 2002)

6.04.512 Lifetime registration--Fees for neutered and spayed cats.

There shall be no fee for a lifetime license under this chapter provided that the following requirements are met:

A. Male cats shall be neutered.

B. Female cats must be spayed.

C. Proof of rabies vaccination by means of a current rabies certificate or tag must be provided to the city treasurer’s office upon initial licensing and prior to the thirty-first day of December of each year. Failure to provide proof will result in revocation of the lifetime license.

D. The city treasurer’s office must be notified of change of addresses or ownership within thirty days.

E. For animals less than six months of age, proof of spay or neuter must be submitted within six months of registration date. (Ord. 02-01 (part), 2002)

6.04.520 Cats to be provided with collar or harness.

Every cat within the city limits shall be provided by its owner with a collar or harness made of leather, metal or other substantial material which shall be worn by such cat at all times when off the premises of its owner, and to which collar or harness shall be securely fastened a tag giving the registration number of such cat, or in lieu of such collar or harness, any cat, at the owner's option, may have the registration number tattooed in said cat's ear. (Ord. 4-81 (part), 1981: prior code §4-36)

6.04.530 Inoculation of cats.

Before issuing any cat owner a registration number or an annual renewal of such number, the owner must produce evidence of inoculation for rabies of the cat to be so registered, which inoculation of the cat so to be registered shall have been within three months of the registration of the cat or the seeking of the renewal of the registration. (Ord. 4-81 (part), 1981: prior code §4-37)

6.04.540 Limit of number of cats kept on one premises.

No more than three cats over the age of six months shall be housed or harbored on any single-family residential property or dwelling unit in the city. (Ord. 4-81 (part), 1981: prior code §4-38)

6.04.550 Cats running at large without collar or name tag.

Any cat running at large without a collar and name tag or an ear tattoo as herein provided, shall be liable to impoundment and extermination by the city without liability to the owner thereof, as provided for in Sections 6.04.200 through 6.04.270. (Ord. 4-81 (part), 1981: prior code §4-39)

6.04.560 Guard dog--Permit--Required.

No person shall keep any guard dog for the purpose of guarding or protecting real or personal property in the city without first obtaining a permit therefor. (Ord. 4-81 (part), 1981: prior code §4-42(1))

6.04.570 Guard dog--Permit--Application and fee.

Application for the permit required by Section 6.04.560 shall be made and shall be accompanied by payment of a permit fee of ten dollars for each dog therein described. The permit shall specify the location at which such dog is to be kept, shall be nontransferable to any other location, and shall expire on the date specified in the permit, which date shall not be later than one year after the date of issue. (Ord. 4-81 (part), 1981: prior code §4-42(2))

6.04.580 Guard dog--Confinement provisions.

No person shall keep any guard dog for the purposes of guarding or protecting real or personal property unless such dog is securely confined within a building or enclosure, with provision for adequate safeguards against entry thereto by children and against accidental or unintentional entry by any person. Such building or enclosure shall be marked with a sign declaring the danger at every door, gate or entrance thereto, and at intervals of every one hundred feet of fenced enclosure. (Ord. 4-81 (part), 1981: prior code §4-42(3))

6.04.590 Guard dog--Seizure and impoundment upon violation of Sections 6.04.560 through 6.04.580.

It is unlawful for any person, firm, corporation or association to cause or permit any dog to be kept in violation of Sections 6.04.560 through 6.04.580; any dog so kept in violation of Sections 6.04.560 through 6.04.580 may be seized and impounded by the animal control officer. (Ord. 4-81 (part), 1981: prior code §4-42(4))

6.04.600 Police officer--Authority.

It is lawful for any police officer of the city to do or perform any act or duty required, authorized or permitted to the animal control officer. (Ord. 89-04, 1989: Ord. 4-81 (part), 1981: prior code §4-43(1))

6.04.610 Police officer--Assistance.

It is lawful for the animal control officer, or any person performing the duties of an animal control officer, in the performance of any act or duty required, authorized or permitted by ordinance, regulation or direction of the mayor, to call to his assistance any police officer of the city or any person who is a peace officer under the laws of the state. (Ord. 4-81 (part), 1981: prior code §4-43(2))

6.04.620 Violation--Penalty.

Any person violating any provision of this chapter, whether by act of commission or act of omission, unless otherwise specified, shall be guilty of an infraction, and upon conviction thereof, shall be liable to punishment by a fine of not more than five hundred dollars. (Ord. 86-06 §7, 1986: Ord. 4-81 (part), 1981: prior code §4-41)

Salt Lake City, Utah

Salt Lake City, Utah Municipal Code

Title 8 ANIMALS

Chapter 8.01 DEFINITIONS

Chapter 8.02 ADMINISTRATION

Chapter 8.03 COMMERCIAL PERMITS AND FANCIER’S PERMITS

Chapter 8.04 ANIMALS REQUIRING A LICENSE

Chapter 8.05 RABIES CONTROL

Chapter 8.06 ANIMAL BITES AND NUISANCES

Chapter 8.07 IMPOUNDMENT

Chapter 8.08 CRUELTY TO ANIMALS

Chapter 8.09 WILD, DANGEROUS AND EXOTIC ANIMALS

Chapter 8.10 ENFORCEMENT AND PENALTIES

Chapter 8.11 NOTICE OF VIOLATION AND STIPULATION PROCEDURES

Chapter 8.01 DEFINITIONS

8.01.010 Abandonment.

“Abandonment” means placing an animal in an environment where the animal is separated from basic needs such as food, water, shelter or necessary medical attention, for a period longer than twenty-four hours. Abandonment includes failure to reclaim an animal seventy-two hours beyond the time agreed upon with a kennel, grooming service or similar facility. Abandonment includes failure to reclaim a pet from an animal shelter beyond seventy-two hours of notification or refusal to sign relinquishment authorization. (Ord. 1461 § 2 (part), 2000)

8.01.020 Allow.

“Allow,” for the purposes of this Title 8, shall include human conduct that is intentional, deliberate, careless, inadvertent or negligent in relation to the actions of an animal. (Ord. 1461 § 2 (part), 2000)

8.01.030 Animal.

“Animal” means every nonhuman species, both domestic and wild. (Ord. 1461 § 2 (part), 2000)

8.01.040 Animal at large.

A. "Animal at large" means any animal, whether licensed or unlicensed, which is not under physical restraint imposed by the owner or handler (i.e., caged, enclosed or on a leash), or is not capable of being immediately controlled by the owner or handler when off the premises of the owner. Cats are excluded from this definition.

B. An animal is considered an "animal at large," regardless of whether the animal is under physical restraint or capable of being immediately controlled, unless:

1. The owner or handler has in his or her possession instruments necessary to clean up after the animal; and

2. The owner or handler does remove the animal’s feces to a proper trash receptacle.

C. An animal is considered an "animal at large," regardless of whether the animal is under physical restraint or capable of being immediately controlled, if the animal is not vaccinated and licensed in accord with federal, state and local laws and is wearing or displaying all tags required by law to evidence such licensing and vaccination. The owner or handler must be in possession of instruments necessary to physically restrain the animal.

D. A dog is not an "animal at large" in areas not specifically prohibited or restricted by Section 8.04.170 so long as the owner or handler is capable of being in immediate control and has the means to physically control the animal. (Ord. 1480 § 2, 2001: Ord. 1461 § 2 (part), 2000)

8.01.050 Animal boarding establishment.

“Animal boarding establishment” means any commercial establishment that takes in animals for the purpose of providing temporary shelter or care and charges a fee for such service. (Ord. 1461 § 2 (part), 2000)

8.01.060 Animal control officer.

“Animal control officer” means any person designated by the state of Utah as a peace officer as defined in Section 53-13-101 et seq., Utah Code Annotated (1953), as amended; or otherwise designated by a municipal government or by Salt Lake County, through the division of animal services, as an officer who is authorized by law to perform the duties specified by this Title 8. (Ord. 1461 § 2 (part), 2000)

8.01.070 Animal exhibition.

“Animal exhibition” means any display of, event or contest involving animals. (Ord. 1461 § 2 (part), 2000)

8.01.080 Animal grooming parlor.

“Animal grooming parlor” means any commercial establishment maintained for the purpose of offering cosmetological services for animals for a fee. (Ord. 1461 § 2 (part), 2000)

8.01.090 Animal shelter.

“Animal shelter” means any facility owned, operated or maintained for the care and custody of seized, stray, homeless, quarantined, abandoned, unwanted animals or animals held for the purpose of protective custody under the authority of this Title 8 or state law. (Ord. 1461 § 2 (part), 2000)

8.01.100 Animal under physical restraint and animal capable of being immediately controlled.

A. “Animal under physical restraint” means any animal under the physical control of its owner or person over the age of twelve years having charge, care, custody or control of the animal, by the means of a leash, tether, or other physical control device or enclosure. A leash or tether shall not exceed eight feet in length when in close proximity to animals or people. Animals confined in or upon a motorized vehicle shall be considered physically restrained; provided, that the animal’s body parts cannot extend beyond two inches from the vehicle when the vehicle is not in motion and not more than the length of the distance from the animal’s shoulders to the tip of its muzzle when the vehicle is in motion. Animals upon the real property of their owner, or upon the property of another (with prior written permission of the property owner) and under direct adult supervision shall be considered under physical restraint.

B. An animal capable of being immediately controlled shall mean an animal within the sight of the owner or handler and which responds to command of said owner or handler and that is subject to being immediately placed under physical restraint by said owner or handler. An animal is subject to being immediately placed under physical restraint only if the owner or handler is in possession of a leash and the animal is wearing a collar, harness or similar device to which said leash may be attached. (Ord. 1480 § 3, 2001: Ord. 1461 § 2 (part), 2000)

8.01.110 Bite.

“Bite” means an actual puncture, tear or abrasion of the skin, inflicted by the teeth of an animal (Ord. 1461 § 2 (part), 2000)

8.01.120 Cat.

“Cat” means any feline of the domesticated types more than four months of age. Any feline of the domesticated types less than four months of age is a kitten. (Ord. 1461 § 2 (part), 2000)

8.01.130 Cattery.

“Cattery” means an establishment where cats are boarded, bred, bought, sold or groomed for a fee. (Ord. 1461 § 2 (part), 2000)

8.01.140 Commercial animal establishment.

“Commercial animal establishment” means any pet shop, animal grooming parlor, guard dog location or exhibition, riding school or stable, zoological park, circus, rodeo, animal exhibition, cattery, kennel or animal breeding or housing facility. (Ord. 1461 § 2 (part), 2000)

8.01.150 Dangerous animal.

“Dangerous animal” means any animal, including invertebrate species, that would be a hazard to public health and safety should the animal escape. “Dangerous animal” includes those animals meeting the definition of “vicious animal” as set forth in this title and constrictor snakes in excess of ten feet in length. (Ord. 1461 § 2 (part), 2000)

8.01.160 Director.

“Director” means the director of the Salt Lake County division of animal services. (Ord. 1461 § 2 (part), 2000)

8.01.170 Division.

“Division” means the Salt Lake County division of animal services. (Ord. 1461 § 2 (part), 2000)

8.01.180 Dog.

“Dog” means any canis familiaris more than four months of age. Any canis familiaris less than four months of age is a puppy. (Ord. 1461 § 2 (part), 2000)

8.01.190 Domesticated animals.

“Domesticated animals” means animals accustomed to living in or about the habitation of man, including but not limited to cats, dogs, ferrets and livestock. “Domesticated animal,” however, shall not include “exotic animals.” (Ord. 1461 § 2 (part), 2000)

8.01.200 Enclosure.

“Enclosure” means any structure that prevents an animal from escaping its primary confines. (Ord. 1461 § 2 (part), 2000)

8.01.210 Euthanasia.

“Euthanasia” means the humane destruction of an animal accomplished by a method approved by the most recent report of the American Veterinary Medical Association Panel on Euthanasia that results in unconsciousness and immediate death, or by a method that causes painless loss of consciousness and death during such loss of consciousness. (Ord. 1461 § 2 (part), 2000)

8.01.220 Exotic animal.

“Exotic animal” means any animal whose native habitat is not indigenous to the continental United States, excluding Alaska, except tropical fish, fur-bearing animals commercially bred for the furrier trade, and birds. Constrictor snakes in excess of ten feet in length are defined as dangerous animals. (Ord. 1461 § 2 (part), 2000)

8.01.230 Ferret.

“Ferret” means any domestic Mustela putorius (except the black footed ferret) more than three months of age. Any Mustela putorius less than three months of age is a kit. (Ord. 1461 § 2 (part), 2000)

8.01.240 Guard dog.

“Guard dog” means any dog that will detect and warn its handler that an intruder is present in or near an area that is being secured and will attack a human pursuant to training or its handler’s command. (Ord. 1461 § 2 (part), 2000)

8.01.250 Handler.

“Handler” is any person who has physical control, i.e., the charge, care, control, custody or possession, or responsibility for the same, of an animal at any given time. An “owner” shall be presumed to have ultimate responsibility for the physical control of the animal and may divest himself/herself of such responsibility only by the transferring of, or giving permission for, actual physical control of the animal to a legally responsible adult person of age eighteen or more. Whenever such other person of the requisite age has responsibility for physical control of the animal, such person shall be the “handler.” At all other times, the “owner” shall be presumed to be the “handler.” (Ord. 1461 § 2 (part), 2000)

8.01.260 Holding facility.

“Holding facility” means any pet shop, kennel, cattery, animal grooming parlor, riding school, stable, animal shelter, veterinary hospital, or any other such facility used for holding animals. (Ord. 1461 § 2 (part), 2000)

8.01.270 Kennel.

“Kennel” means a commercial establishment having three or more dogs for the purpose of boarding, breeding, buying, grooming, letting for hire, training for fee, or selling such dogs. (Ord. 1461 § 2 (part), 2000)

8.01.280 Leash or lead.

“Leash” or “lead” means any chain, rope, or device of sufficient strength used to restrain an animal. (Ord. 1461 § 2 (part), 2000)

8.01.290 Livestock.

“Livestock” means animals kept for husbandry, including but not limited to fowl, ratites, horses, mules, burros, asses, cattle, sheep, goats, llamas, swine and other farm, hoofed domesticated animals, excluding dogs, cats and ferrets. (Ord. 1461 § 2 (part), 2000)

8.01.300 Nuisance--Public nuisance animal.

A. “Nuisance” means any animal or animals that unreasonably annoy humans, endanger the life or health of other animals or humans, or substantially interfere with humans’, other than their owner’s, enjoyment of life or property.

B. The term “public nuisance animal” shall mean and include, but is not limited to, any animal that:

1. Is repeatedly found at large;

2. Damages the property of anyone other than its owner;

3. Repeatedly molests or intimidates neighbors, pedestrians or passersby by lunging at fences, chasing, or acting aggressively towards such person(s), unless provoked by such person(s);

4. Chases vehicles;

5. Makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other noise which causes unreasonable annoyance, disturbance or discomfort to neighbors or others;

6. Causes fouling of the air by odors and thereby creates unreasonable annoyance or discomfort to neighbors or others;

7. Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;

8. Defecates on any public sidewalk, park or building, or on any private property without the consent of the owner of such private property, unless the handler of such animal shall have in his or her possession the instruments to clean up after his or her animal and shall remove the animal’s feces to a proper trash receptacle;

9. Is offensive or dangerous to the public health, safety or welfare by virtue of the number and/or types of animals kept or harbored;

10. Attacks people or other animals, whether such attack results in actual physical harm to the person or animal to whom or at which the attack is directed;

11. Has been found by a court or by any other commission or board lawfully established under Utah law, to be a public nuisance under any other provision(s) of Utah law;

12. Cannot be restrained by normal restraints, such as standard leashes, standard chains or muzzles; or

13. Cannot be effectively controlled by its owner or handler.

C. The fact, or evidence of the fact, that the factors alleged to have caused the animal to be a nuisance are inherent and/or natural behavior for such animal, or the action of the owner or animal are otherwise legal, shall not negate or excuse a charge of nuisance. (Ord. 1461 § 2 (part), 2000)

8.01.310 Owner.

“Owner” means any person, partnership, corporation or any other type of entity or association having title to, or custody of, or keeping, or harboring one or more animals. An animal shall be deemed to be harbored if it is fed and sheltered for a period of twenty-four consecutive hours or more, or fed for a period of two or more days. (Ord. 1461 § 2 (part), 2000)

8.01.320 Performing animal exhibition.

“Performing animal exhibition” means any spectacle, display, act or event in which animals are used to provide a performance, whether a fee is charged or not. (Ord. 1461 § 2 (part), 2000)

8.01.330 Pet or companion animal.

“Pet” or “companion animal” means any animal of a species that has been domesticated to live in or about the habitation of humans, is dependent on humans for food and shelter and is kept by its owner for pleasure rather than utility and/or commercial purposes. (Ord. 1461 § 2 (part), 2000)

8.01.340 Pet shop.

“Pet shop” means any commercial establishment containing cages or exhibition pens wherein dogs, cats, birds or other pets, are kept, displayed and sold. (Ord. 1461 § 2 (part), 2000)

8.01.350 Provoked.

“Provoked” means any deliberate act by a person towards a dog or any other animal done with the intent to tease, torment, abuse, assault or otherwise cause a reaction by the dog or other animal; provided, however, that any act by a person done with the intent to discourage or prevent a dog or other animal from attacking shall not be considered provocation. (Ord. 1461 § 2 (part), 2000)

8.01.360 Quarantine.

“Quarantine” means the isolation of an animal in an enclosure so that the animal cannot have physical contact with other animals or persons without recognized authority to be near or about the quarantined animal. (Ord. 1461 § 2 (part), 2000)

8.01.370 Riding school or stable.

“Riding school” or “stable” means an establishment which offers boarding and/or riding instruction for any horse, pony, donkey, mule or burro, or which offers the use of such animals for hire. (Ord. 1461 § 2 (part), 2000)

8.01.380 Species subject to rabies.

“Species subject to rabies” means any species that has been reported to the Center for Disease Control and Prevention to have contracted the rabies virus and become a host for that virus. (Ord. 1461 § 2 (part), 2000)

8.01.390 Stray.

“Stray” means any animal at large, as defined in this chapter. (Ord. 1461 § 2 (part), 2000)

8.01.400 Veterinarian.

“Veterinarian” means any person properly licensed under the laws of the state of Utah to practice veterinary medicine. (Ord. 1461 § 2 (part), 2000)

8.01.410 Veterinary hospital.

“Veterinary hospital” means any establishment operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals. (Ord. 1461 § 2 (part), 2000)

8.01.420 Vicious animal.

“Vicious animal” means:

A. Any animal which, in a threatening and terrorizing manner, approaches any person upon the streets, sidewalks or any public grounds or places in an apparent attitude of attack;

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

C. Any animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal on public or private property.

Whether an animal has been properly licensed under the provisions of this title shall have no relevance to the determination of whether an animal is a “vicious animal” as defined in this section. (Ord. 1461 § 2 (part), 2000)

8.01.430 Wild animal.

“Wild animal” means any animal of a species that in its natural life is usually untamed and undomesticated, including hybrids and animals which, as a result of their natural or wild condition, cannot be vaccinated effectively for rabies. These animals, however domesticated or tamed, shall include, but are not limited to:

A. Alligators and crocodiles;

B. Bears (Ursidae). All bears, including grizzly bears, brown bears, black bears, etc.;

C. Cat Family (Felidae). All except the commonly accepted domesticated cats, including cheetah, leopard, lion, lynx, panther, mountain lion, tiger, wildcat, etc.;

D. Dog Family (Canidae). All except domesticated dogs, including wolf, part wolf, fox, part fox, coyote, part coyote, dingo, etc.;

E. Porcupine (Erethizontidae);

F. Primate (Hominidae). All nonhuman primates;

G. Raccoon (Procyonidae). All raccoons, including eastern raccoon, desert raccoon, ring-tailed cat, etc.;

H. Skunks;

I. Venomous fish and piranha;

J. Venomous snakes or lizards;

K. Weasels (Mustelidae). All including martens, wolverines, black-footed ferrets, badgers, otters, ermine, mink, mongoose, etc.

For the purpose of this section, animals that are kept commercially or ranched shall not be wild animals. (Ord. 1461 § 2 (part), 2000)

8.01.440 Zoological park.

“Zoological park” means any facility, properly and lawfully licensed by applicable federal, state or local law, operated by a person, partnership, corporation or government agency, other than a pet shop, kennel or cattery, displaying or exhibiting one or more species of nondomesticated animals. (Ord. 1461 § 2 (part), 2000)

Chapter 8.02 ADMINISTRATION

8.02.010 Division of animal services created.

There is created a division of animal services as a division of the Salt Lake County department of human services. (Ord. 1461 § 2 (part), 2000)

8.02.020 Director--Powers and duties.

The division shall be under the direction of a director, who shall:

A. Enforce this chapter and perform other responsibilities inherent thereto;

B. Supervise the municipal animal shelter(s) under his/her jurisdiction;

C. Keep records of all animals impounded in said shelter(s);

D. Keep accounts of all moneys collected and received and follow the Uniform Fiscal Procedures Act for Counties in accordance therewith in the administration of the division;

E. Establish, in cooperation with the Salt Lake Valley health department and other interested governmental agencies, measures for the control of, and immunization of animals against, rabies;

F. Negotiate interlocal cooperation agreements with other interested governmental agencies for the purpose of establishing animal control services throughout Salt Lake County;

G. Establish rules and regulations for the training of all persons hired as animal control officers to assure professional conduct of said persons and compliance with the division’s policies and with governing law;

H. Pursuant to duly adopted policies and procedures, waive or reduce impound-related fees if warranted, or waive fees and penalties otherwise authorized in this title; and

I. Pursuant to duly adopted policies and procedures, provide for deferred payments of impound-related fees if warranted. (Ord. 1473 (part), 2001: Ord. 1461 § 2 (part), 2000)

8.02.030 Director and officers-- Enforcement authority.

The director, his/her authorized deputies, assistants and animal control officers are empowered to apprehend, and transport and impound any animal found in violation of this title, including licensable animals for which no license has been procured in accordance with this title, or any licensed or unlicensed animals for any other violation thereof and issue criminal citations and/or notice of violation and stipulation for violations of this title. (Ord. 1461 § 2 (part), 2000)

8.02.040 Animal control officers--Powers and duties.

The director shall employ and designate those employees and volunteers of his/her division who shall perform the duties of animal control officer. Animal control officers shall be authorized to enforce this chapter in all respects, including, but not limited to, the apprehension and impoundment of animals found to warrant such action and issue criminal citations and/or notice of violation and stipulation for violations of this title. Such officers shall further carry out all lawful duties prescribed or delegated by the director. For the purpose of this section, “volunteers” shall be defined as persons working without compensation who have met the minimum training standards to perform the duties as set forth by the director. (Ord. 1461 § 2 (part), 2000)

8.02.050 Right of entry for enforcement.

In the enforcement of this title, any peace officer, animal control officer, or the director or his/her assistants are authorized to enter into the open premises of any person to secure or take possession of any animal which is reasonably deemed by such officer to then and there, in the presence of such officer or official, be in violation of this title and issue criminal citations and/or notice of violation and stipulations for violations of this title to the owner or handler of such animal. (Ord. 1461 § 2 (part), 2000)

8.02.060 Interfering with officers prohibited.

It is unlawful for any person to knowingly and intentionally interfere with the director or any animal control officer in the lawful discharge of his/her duties as prescribed in this title. For the purpose of this section, interfering with officers shall include, but not be limited to, failing to hand over to or release to an officer an identifiable animal which has been pursued but not captured by such officer, failing to make payment of agreed upon fees that have been deferred by the director, failing to meet the agreed upon conditions of a fee waiver, reduction or deferment, knowingly and intentionally failing to comply with an abatement order lawfully issued by the director or failing to meet the conditions imposed by a notice of violation and stipulation. (Ord. 1461 § 2 (part), 2000)

Chapter 8.03 COMMERCIAL PERMITS AND FANCIER’S PERMITS

8.03.010 Commercial permit requirements.

It is unlawful for any person to operate or maintain a commercial holding facility or any similar establishment, except a licensed veterinary hospital or clinic, unless such person first obtains a regulatory permit from the division, in addition to all other required licenses. All applications for permits to operate such establishments shall be submitted, together with the required permit fee, on a printed form provided by the division. Before the permit is issued, approval must be granted by the Salt Lake Valley health department, appropriate zoning authority and the division. (Ord. 1473 (part), 2001: Ord. 1461 § 2 (part), 2000)

8.03.020 Regulatory authority of division.

The director shall have the authority to promulgate regulations for the issuance of permits and shall include requirements for humane care of all animals and for compliance with the provisions of this Title 8 and other applicable laws. The director may amend such regulations from time to time as deemed desirable for public health and welfare and for the protection of animals. Regulations promulgated under this delegation of authority shall not extend the power of the division beyond that reasonably necessary to carry out the requirements of this title. Regulations will not go into effect without the giving of prior notice to the public of the proposed rule or regulation and of a public hearing to be held thereon, through publication at least once in a newspaper with general circulation in Salt Lake County, and the holding of a public hearing no sooner than fifteen days after the publication of notice. The hearing officer shall be appointed by the director. Such officer may be an officer or employee of Salt Lake County, but not of the division. Regulations shall not become effective until approved and adopted by Salt Lake County. (Ord. 1461 § 2 (part), 2000)

8.03.030 Procedures.

A. All applications for permits to operate a commercial animal establishment or animal shelter shall be submitted to the division on a printed form provided by the division.

B. Upon submission of an application, the division will verify with the Salt Lake Valley health department, appropriate zoning authority, and appropriate business licensing division that the applicant is in compliance with applicable rules, regulations, ordinances and laws.

C. Applications must be accompanied by the fee established in Appendix A to this title, attached hereto and/or incorporated by reference. The appendix may be modified from time to time as deemed necessary by the director and upon approval of Salt Lake County. The current appendix shall be available from the division.

D. Each permit issued under this section shall expire as outlined in Section 8.03.170.

E. Permits issued pursuant to this section are nontransferable.

F. A permit issued under this section shall be prominently displayed in the business office of the commercial animal establishment or animal shelter.

G. Late applications for the permits required by this section shall be subject to the late fee set forth in Appendix A, attached to the ordinance codified in this Title 8 and adopted by reference. (Ord. 1473 (part), 2001: Ord. 1461 § 2 (part), 2000)

8.03.040 Requirements for catteries and kennels.

In addition to obtaining the permit required by this section, all catteries and kennels within the jurisdiction of the division shall:

A. Be operated in such a manner as not to constitute a nuisance;

B. Provide an isolation area for boarded animals which are sick or diseased;

C. Retain for a period of one year the name, address and telephone number of the owner and license number of each dog or cat boarded;

D. Retain for a period of three years the name and address of each person selling, trading or giving any animal to the kennel or cattery;

E. Keep all boarded animals caged or under control of the owner or operator of the kennel or cattery;

F. Care for all animals in the kennel or cattery, whether or not owned by the kennel or cattery, shall comply with all the requirements of this chapter for the general care of animals;

G. Comply with all applicable federal, state and local laws and all regulations respecting kennels and catteries which are adopted by the division and in effect from time to time; and

H. Supply the purchaser, residing in the licensing authority of this title, of any dog, cat or ferret with an application for animal license, the form of which is prescribed by the division. (Ord. 1461 § 2 (part), 2000)

8.03.050 Requirements of pet shops.

In addition to obtaining the permit required by this section, all pet shops within the jurisdiction of the division shall:

A. Be operated in such a manner as not to constitute a nuisance;

B. Provide an isolation area for animals which are sick or diseased, sufficiently removed so as not to endanger the health of other animals;

C. Keep all animals caged or under the control of the owner or operator of the pet store;

D. With respect to all animals in the pet shop, comply with all provisions of this chapter providing for the general care of animals;

E. Not sell animals which are unweaned or so young or weak that their sale poses a serious risk of death or inadequate development to them;

F. Comply with all applicable federal, state and local laws and all regulations respecting pet shops that are adopted by the division and in effect from time to time;

G. Supply any purchaser, residing within the jurisdiction of this code, of any dog, cat or ferret with an application for animal license, the form of which is prescribed by the division; and

H. Provide the purchaser of an animal with written instructions as to the proper care and control of that species. (Ord. 1461 § 2 (part), 2000)

8.03.060 Requirements for stables.

In addition to obtaining the permit required by this section, all stables within the jurisdiction of the division shall:

A. Be operated in such a manner as not to constitute a nuisance;

B. Provide an isolation area for animals which are sick or diseased, sufficiently removed so as not to endanger the health of other animals;

C. Keep all animals confined or under the control of the owner or operator of the stable;

D. Care for all animals in the stable; shall comply with all the requirements of this chapter for the general care of animals; and

E. Comply with all applicable federal, state and local laws, and all regulations respecting stables that are adopted by the division and in effect from time to time. (Ord. 1461 § 2 (part), 2000)

8.03.070 Requirements for animal exhibitions.

A. It is unlawful for any person to own, operate, sponsor or conduct an animal exhibition within the jurisdiction of the division unless an animal exhibition permit issued by the division, is first obtained therefor.

B. No animal exhibition shall occur within the jurisdiction of the division in which any animal is exhibited, paraded or allowed to participate in a contest:

1. Under conditions which cause physical injury to such animal;

2. Under conditions that place spectators at risk of being harmed; or

3. Unless all applicable federal, state and local laws and regulations, and standards adopted by reputable, nationally-recognized associations organized for the operation of such exhibitions and acceptable to the division are complied with by the operator of the exhibition.

C. A person owning, operating or sponsoring an animal exhibition within the jurisdiction of the division without first obtaining the permit therefor required by this section shall be guilty of a Class B misdemeanor. Each day of violation of this section shall be a separate offense. The division may also seek to obtain an injunction against an animal exhibition through a court with jurisdiction over the matter.

D. The application for an animal exhibition permit required by this subsection shall:

1. Describe the type of exhibition or contest and the kind and number of animals to be on exhibition or involved in the contest and list the sites and dates of the event(s); and

2. Contain such other information as may be required under regulations established by the director; and include a sworn statement by the applicant that the provisions of this title pertaining to animal exhibitions will be complied with at all times.

E. No permit required by this subsection shall be issued until the applicant completes the application form, pays the applicable fees as set forth in the then-current Appendix A to this title, and receives the written approval of the division of the provisions made for the safety, well-being and comfort of the animals involved.

F. Animal exhibition permits issued pursuant to this subsection shall be effective only for the period specified in the permit, not to exceed thirty days.

G. A permit issued pursuant to this subsection shall not be transferable.

H. A permit issued pursuant to this subsection shall be displayed prominently at the site of the animal exhibition.

I. The director may waive the permit fee for an animal exhibition that is sponsored by a bonafide nonprofit organization, a governmental entity or a school if the purpose is a county public purpose or a charitable purpose.

J. Animal exhibitions permitted under this section shall provide immediate access to peace officers, animal control officers, and agents of the health department or Utah State officials for the purpose of compliance inspections. (Ord. 1473 (part), 2001: Ord. 1461 § 2 (part), 2000)

8.03.080 Requirements for guard dogs.

A. It is unlawful for any person to own a guard dog without first obtaining a guard dog permit as provided hereafter. It is unlawful for any person to hire the use of a guard dog that has not been issued a guard dog permit.

B. A permit required by this section shall be obtained from the division. The application shall set forth the type of dog, the site(s) where such dog shall be used, the hours of use of such dog, and any other information the director deems appropriate.

C. Permits are not transferable from one owner to another, nor from one site to another.

D. On the premises where a guard dog is used, conspicuous warning signs shall be posted at each door or gate that give access to the guard dog, and shall contain the following wording: “Warning: A guard dog is guarding this property. Entry herein may cause said dog to attack your person and cause significant injury, even death. To reach the handler for said dog, call (enter telephone number).” The telephone number contained in the warning required by this subsection must provide a twenty-four-hour per day access to the guard dog’s owner or handler.

E. A guard dog shall not be allowed to become a nuisance.

F. A guard dog shall, in addition to licensing, be microchipped and the microchip number shall be registered with the division. The license shall be attached to a one-inch wide red or orange collar with the word “Danger” written or embroidered in black lettering three-fourths inch in height. The collar must be on the dog at all times.

G. Any person violating any provision of this section shall be guilty of a Class B misdemeanor. Each day a guard dog is deployed for use by any person for the detection of intruders and/or protection of premises, in violation of any provision of this section, shall be deemed a separate offense. (Ord. 1461 § 2 (part), 2000)

8.03.090 Fancier’s permit--Authorized when.

A. Where permitted by the zoning ordinances, owners of purebred dogs and cats may obtain a permit to keep more than two dogs or cats in a residential area; provided:

1. Such pets are individually licensed;

2. Such pets are registered with a national registry, such as, but not limited to the AKC, UKC or Field Dog;

3. Approval is granted by the appropriate zoning authority, health department and division of animal services;

4. Adequate confinement areas are provided;

5. Other provisions of this title are complied with, and no pet or premises is deemed to be a nuisance.

B. The holder of a permit issued under this section may keep one litter intact until the animals reach six months of age; one animal from the litter may be retained until it reaches twelve months of age. At no time may the holder of a permit retain more animals than is indicated on the permit. (Ord. 1473 (part), 2001: Ord. 1461 § 2 (part), 2000)

8.03.100 Hobby permit.

Where permitted by the zoning ordinances, owners of dogs, cats and ferrets may obtain a permit to keep more than two dogs, cats or ferrets in a residential area; provided:

A. Such pets are individually licensed;

B. Such pets are rendered sterile;

C. Approval is granted by the appropriate zoning authority, health department and division of animal services;

D. Adequate confinement areas are provided; and

E. Other provisions of this title are complied with, and no pet or premises is deemed to be a nuisance. (Ord. 1473 (part), 2001: Ord. 1461 § 2 (part), 2000)

8.03.110 Permit for foster animals.

Where permitted by the zoning ordinances, owners of dogs and cats may obtain a permit to keep more than two dogs or cats in a residential area; provided:

A. Such pets are the property of a local city or county operated animal shelter or a Section 501 (c)(3), United States Internal Revenue Code, animal welfare organization;

B. Such pets are awaiting adoption;

C. Approval is granted by the appropriate zoning authority, health department and division of animal services;

D. Adequate confinement areas are provided; and

E. Other provisions of this title are complied with, and no pet or premises is deemed to be a nuisance. (Ord. 1473 (part), 2001: Ord. 1461 § 2 (part), 2000)

8.03.120 Exotic animal permit.

It is unlawful for any person to own or keep an exotic animal without a permit. Unless prohibited by zoning or other ordinances or laws, any person, over the age of eighteen years of age, may obtain an exotic animal permit upon:

A. Demonstrating sufficient knowledge of the species to provide adequate care;

B. Presenting proof of adequate caging appropriate for the species;

C. Presenting proof that the animal poses no threat to the health and safety of the community in the event that the animal should escape. The director may consult with a review board comprising federal, state and local public health authorities in considering a request for an exotic animal permit; and

D. Presenting proof of required, if any, state or federal permits.

For the purpose of this section, to demonstrate “sufficient knowledge” of a species, a person must show that he/she has adequate knowledge of a species to provide for its basic needs to maintain the animal’s health and welfare. The director may consider the person’s experience, education, apprenticeship or by examination administered by the division when determining that a person has sufficient knowledge of a species. (Ord. 1461 § 2 (part), 2000)

8.03.130 Dangerous animal permit.

It is unlawful for any person to own or keep a dangerous animal without a permit. Unless prohibited by zoning or other ordinances or laws, any person, over the age of eighteen years of age, may obtain a dangerous animal permit upon:

A. Demonstrating sufficient knowledge of the species so as to be an expert in the care and control of the species;

B. Presenting proof of adequate primary caging appropriate for the species and a sufficient secondary system of confinement so as to prevent unauthorized access to the animal and to prevent the animal’s escape;

C. Presenting proof that adequate measures have been taken to prevent the animal from becoming a threat to the health and safety of the community;

D. Presenting a plan of action in the event of the animal’s escape. The director may consult with a review board comprising federal, state and local public health authorities in considering a request for a dangerous animal permit;

E. Presenting proof of required, if any, state or federal permits;

F. Presenting proof of liability insurance in an amount of at least fifty thousand dollars.

For the purpose of this section, to demonstrate “sufficient knowledge” of a species, a person must show that he/she has specialized knowledge of a species to provide for its basic needs to maintain the animal’s health, welfare and confinement. The director may consider the person’s experience, education, apprenticeship or by examination administered by the division when determining that a person has sufficient knowledge of a species. (Ord. 1461 § 2 (part), 2000)

8.03.140 Feral cat colony permit.

It is unlawful for any person to maintain a feral cat colony without a permit. Unless prohibited by zoning or other ordinances or laws, any person over the age of eighteen years of age, may obtain a feral cat colony permit upon:

A. Presenting proof that the cats in the maintained colony have been sterilized, given their initial vaccinations and ear-tipped or are being actively trapped so as to perform sterilization, vaccination and ear-tipping;

B. Presenting a detailed description of each cat in the colony with vaccination history;

C. Presenting proof of property owner and/or landlord permission at the site that the colony is being maintained; and

D. Providing contact information, in the event that complaints are received by the division concerning management of the colony. (Ord. 1461 § 2 (part), 2000)

8.03.150 Exemptions.

Research facilities where bona fide medical or related research is being conducted, 501(c)(3) animal welfare shelters, and other animal establishments operated by state or local government, or which are licensed by federal law, are excluded from the permit requirements of Sections 8.03.040 through 8.03.060 of this title. (Ord. 1461 § 2 (part), 2000)

8.03.160 Permits--Display requirements.

A valid permit shall be posted in a conspicuous place in any establishment for which such permit is required, and such permit shall be considered as appurtenant to the premises and not transferable to another location. The permittee shall notify the division within thirty days of any change in his/her establishment or operation, which may affect the status of his/her permit. In the event of a change in ownership of the establishment, the permittee shall notify the division immediately. Permits shall not be transferable from one owner to another. (Ord. 1461 § 2 (part), 2000)

8.03.170 Permit fees--Expiration-- Renewal.

A. A permit issued pursuant to this chapter shall expire one year after it is issued by the division and shall be renewable upon acceptance by the division of a new application. Renewal applications shall not be available until thirty days prior to the expiration date of the current permit. A permit may only be issued after the appropriate fee has been paid. Application must be accompanied by the fee established in the permit and fee schedule, Appendix A attached to the ordinance codified in this title and incorporated by reference into this chapter.

B. The permit and fee schedule may be modified from time-to-time as deemed appropriate by the director and upon approval of Salt Lake County. The then current permit fee schedule shall apply to all permit applications. A copy of the then-current fee schedule shall be available at the division.

C. Permits are not transferable from one owner to another, from one site to another or from one animal to another. (Ord. 1461 § 2 (part), 2000)

8.03.180 Establishments--Rules and regulations.

A. The director with approval of Salt Lake County may, from time to time, adopt rules and regulations governing the operation of kennels, catteries, animal grooming parlors, pet shops, riding stables or other animal-related establishments.

B. Such rules and regulations may provide for:

1. The type of structures, buildings, pens, cages, runways or yards required for the animals sought to be kept, harbored or confined on such premises;

2. The manner in which food, water, and sanitation facilities will be provided to such animals;

3. Measures relating to the health of such animals, the control of odors, noise, and the protection of persons or property on adjacent premises; and

4. Such other matters as Salt Lake County shall deem necessary.

C. Such rules and regulations shall, upon publication and following adoption by Salt Lake County, have the effect of law, and violation of such rules and regulations shall be deemed a violation of this title, subject to the penalties provided for in Section 1.12.010, Salt Lake County Code of Ordinances, and grounds for revocation of a permit issued by the division. Copies of the rules and regulations, when adopted, shall be filed for public inspection in the office of the county clerk and the division. (Ord. 1461 § 2 (part), 2000)

8.03.190 Establishments--Inspections and reports.

All establishments required to have permits under this title shall be subject to periodic inspections, and the inspector shall make a report of such inspection, which shall be given to the establishment and will be filed at the administration section of the division. (Ord. 1461 § 2 (part), 2000)

8.03.200 Unlawful activities--Notice

requirements.

If an inspection of kennels, catteries, animal grooming parlors, pet shops, riding stables, similar establishments, or the premises of the holder of a permit reveals a violation of this title, the inspector shall notify the permit holder or operator of such violation by means of issuance of a citation as provided in Chapter 8.10 or issuance of a notice of violation and stipulation as provided in Chapter 8.11. If the notice of violation and stipulation is used, the notice shall:

A. Set forth the specific violation(s) found;

B. Establish a specific and reasonable period of time for correction of the violation(s) found;

C. State that failure to comply in the specified period of time with any notice issued in accordance with the provisions of this section may result in immediate suspension of the permit and/or issuance of a citation; and

D. State that an opportunity for a hearing upon any grievance the owner or operator may have concerning the inspection findings and corrections ordered by the animal control officer may be processed according to the provisions of Chapter 8.11 of this title. (Ord. 1461 § 2 (part), 2000)

8.03.210 Permits--Suspension or revocation--Grounds.

A permit may be suspended or revoked or a permit application rejected on any one or more of the following grounds:

A. Falsification of facts in a permit application;

B. Material change in the conditions upon which the permit was granted;

C. Violation of any provisions of this title or any other law or regulation governing the permittee’s establishment, including, but not limited to, noise and/or building and zoning ordinances; or

D. Conviction on a charge of cruelty to animals. (Ord. 1461 § 2 (part), 2000)

8.03.220 Permits--Suspension or revocation--Procedure.

A. Any permit granted under this title may be suspended or revoked by the division for violations of any of the requirements of this title. A permittee aggrieved by the suspension or revocation of his/her permit may petition the director for review of such grievance. Upon consideration of such grievance and upon good cause showing, the director may, at his or her sole discretion, uphold or modify the suspension or revocation, or reinstate the permit.

B. A new permit shall not be issued to any person whose prior permit was suspended or revoked by the division until the applicant has satisfied the director that he/she has the means and the will to comply with the requirements of this title in the future. An application for another permit must comply with the requirements for an application for an initial permit, including application fee. (Ord. 1461 § 2 (part), 2000)

8.03.230 Emergency