Title 6

                                                      Animal Regulations

 

 

Chapters:

6.04    Animal Regulations ........................ 6 - 1

 

 

 

                           Title 6

            Chapters: 6.04- Animal Regulations

 

6.04.010 Definitions. As used in this title, the following terms apply:

1. AAnimal@ means any animate being except humans, being endowed with the power of voluntary movement, other than those regulated by the Fish and Game Department.

2. AAnimal supervisor Aor@ animal control officer@ means any person designated by the city as a law enforcement officer to perform the duties as described in this title.

3. AAt large@ means any animal off the premises of the owner and not under control of the owner or his/her agent. An animal shall be deemed Anot under control@ when it causes a public nuisance.

4. ABite@ means an injury caused by an animal's teeth which results in a break in the skin.

5. ACat@ means a domestic feline, either male or female.

6. ACattery@ means the land or building used in the keeping of five or more cats at least six months old.

7. ACustody@ means ownership, possession of, harboring, or exercising control over any animal.

8. ADog@ means a domestic canine, either male or female.

9. AEuthanasia@ means humane death.

10. AHarboring@ means the act of keeping a lost or stray dog.

11. AHumane treatment@ means the act or manner of treating an animal with compassion, and consideration and protecting an animal from dangers, mistreatment or abuse.

12. AKennel@ means the land or building used in the keeping of four or more dogs at least six months old.

13. ALeash@ means any chain, rope or device used to restrain an animal that does not endanger or harm his physical well being.

14. ALivestock@ means horses, cattle, swine, sheep and goats.

15. AOwner@ means any person, partnership or corporation claiming, having charge, custody, keeping or harboring one or more animals.

16. APet shop@ means any person, partnership, or corporation, whether operating separately or in connection with another business enterprise except for a licensed kennel or cattery that buys, sells, breeds or boards any species of animal.

17. AProtective custody@ means having been received into the care of the department of animal control and welfare or any authorized agent or representative thereof.

18. APublic nuisance@ means any animal which violates the provisions of this title as defined:

a. Causes damage to the property of anyone other than its owner;

b. Causes unreasonable odors;

c. Causes unsanitary conditions;

d. Is a vicious animal as defined herein;

e. Every dog or animal which by barking, howling or making other noises disturbs or disrupts the peace and quiet of more than two persons, or in the case of disturbing one or more persons is documented by a law enforcement officer on at least three separate occasions or for an extended period of time;

f. Chases vehicles;

g. Chases other animals.

19. AQuarantine@ means the isolation of an animal in a substantial, properly ventilated enclosure that does not harm or endanger the animal, so that it is not subject to contact with other animals or unauthorized persons.

20. ARestraint@ means securing any animal by a leash or enclosing the animal in a secured, fenced area or building.

21. AVeterinary hospital@ means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals.

22. AVicious animal@ means any animal which is dangerously aggressive, demonstrates a propensity to natural fierceness, or disposition of mischief such as might lead to the attack of humans without provocation and includes, but is not limited to, any animal which has bitten or in any other manner attacked or endangered the safety of persons, other animals or property.

23. AWild animal@ means any animal of a species that in their natural life are wild. Those animals, however domesticated, shall include, but are not limited to:

a. Alligators, caiman and crocodiles;

b. Bears: all bears including grizzly bears, brown bears, black bears, etc.;

c. The cat family: including cheetah, cougars, leopards, lions, lynx, panthers, mountain lions, tigers, wildcats, etc., except the commonly accepted domestic cats;

d. The dog family: including wolf, fox, coyote, hybrids of wild dogs, etc., except domesticated dogs;

e. Porcupines;

f. Primates: all subhuman primates;

g. Raccoons: all raccoons including the eastern raccoon, desert raccoon, ring-tailed cat, etc.;

h. Skunks;

i. Venomous fish and piranha;

j. The weasel family: all including martens, wolverines, ferrets, badgers, otters, ermine, mink, mongoose, etc., except those humanly raised for their pelts and ferrets from the genus Mustella putorius. (Ord 2001-2, 3/13/01 and Ord 2000-22, 11/14/00 and Ord. 87‑6.08 (part), 1987)

 

6.04.020 Animal Shelter-Required. The city shall provide suitable premises and facilities to be used as the city animal shelter. Any animal shelter facility maintained by another agency may be utilized by the city by contract as the city animal shelter. (Ord. 87‑6.08 (part), 1987)

 

6.04.030 Enforcement-Animal Control Supervisor-Powers and Duties. There is established the office of animal control supervisor. The animal control supervisor shall have and exercise the powers of peace officer in the enforcement of all laws and ordinances relating to animals and shall exercise all the rights and powers and shall have all the duties mentioned in this title and all other laws relating to animals. Assistants to the animal control supervisor shall have the same powers and duties as the animal control supervisor, subject to his supervision. (Ord. 87‑6.08 (part), 1987)

 

6.04.040 Enforcement-Impoundment Duty. It shall be the duty of every police officer and animal control supervisor and his/her assistants to take into protective custody in the shelter any dogs or large animals found running at large contrary to the provisions of this title. (Ord. 87‑6.08 (part), 1987)

 

6.04.050 Enforcement-Right of Entry. In the enforcement of any provisions of this title, any police officer and the animal control supervisor and his assistants are authorized to enter the premises of any person to take possession of unlicensed, collarless dogs and any fierce, dangerous or vicious animal when in fresh pursuit of the animal at the time the animal goes onto the private property. (Ord. 87-6.08 (part), 1987)

 

6.04.060 Enforcement-Interference with Officer Prohibited. It is unlawful for any person to interfere with the animal control supervisor or his/her assistants or any police officer in the discharge of the duties imposed upon him/her by this title. It is unlawful for any person to take any animal out of the custody of the animal control supervisor by stealth, fraud or force. (Ord. 87-6.08 (part), 1987)

 

6.04.070 Animal Control Department-Service Fees. The following fees shall be imposed by the animal control department for services rendered by that department:

A. Reclaim by Owner of Impounded Animals.

1. Dogs.

a. Impound charge:

First offense: Forty-five dollars or forty dollars (spayed/neutered.)

Second offense: Fifty-five dollars or fifty dollars (spayed/neutered.)

**Third offense: Sixty-five dollars or sixty dollars (spayed/neutered.)

Fourth offense and thereafter: Eighty-five dollars and/or abatement or eighty dollars (spayed/neutered) and/or abatement.

**Citations will be given after second offense, and if the dog is not licensed after March 1^st, an additional $50.00 will be added to the license fee upon impound.

b. Boarding, ten dollars per day,

2. Cats. 

a. Impound charge, forty dollars,

b. Boarding, ten dollars per day,

3.  Livestock.

a.  Impound charge, thirty dollars,

b.  Boarding, ten dollars per day

c.  Pickup and transportation, actual cost to the city,

d. Damage restitution, actual cost to the city.

B. Charge to Relinquish an owned Dog or Cat.

1. Dog or litter of puppies, fifty dollars,

2. Cat or litter of kittens, fifty dollars;

C. Animals Quarantined or taken into Protective CustodyCCharges to Owner.

1. Dogs.

a. Actual cost to city plus any impounding, boarding and licensing charges as stated above.

2. Cats.

a. Actual cost to city plus any impounding, boarding and licensing charges as stated above.  (Ord 2002-8, 8/13/02 prior codes: Ord 2001-2, 3/13/01, Ord 2000-22, 11/14/00, Ord. 87-6.08 (part), 1987)

 

6.04.080 Enclosure and Structure Requirements.

A. No animals or fowl, excluding dogs, cats and other household pets shall be kept or maintained in a dwelling that has physical dimensions which violate the zoning ordinance for that property.

B. A pen, house, run or other enclosure designed for the keeping or maintenance of any dog, cat, other household pet shall be constructed and located in such a manner that the waste, offal, drainage or other substance therefrom and any stench or smell associated therewith remains confined within the premises of the owner. In every event such structure shall be constructed and located at least three feet from any adjoining property line, except kennels and catteries located in or adjacent to a residential zone shall be located not less than one hundred feet from a public street and not less than twenty-five feet from any side or rear lot line.  (Ord.2000-22, 11/14/00: prior code Ord. 87‑6.03 (part), 1987)

 

6.04.090 Domestic Fowl-Trespass Prohibited. It is unlawful for the owner of any domestic fowls, such as turkeys, ducks, geese, chickens, peacocks, etc. to permit such fowls to trespass or go upon the premises of another or to run at large within the limits of the city. (Ord. 87‑6.08 (part), 1987)

 

6.04.100 Stray Animal-Harboring Prohibited. It is unlawful for any person to harbor or keep within the city limits any lost or strayed dog. Whenever any dog shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the Pleasant View animal control, city office or police department within seventy-two hours. The animal control supervisor may take the dog into protective custody. (Ord. 87-6.08 (part), 1987)

 

6.04.110 At large-Prohibited.

A. All dogs shall be kept from running loose by humane restraint. Every owner of a dog shall keep the same confined on his premises; provided, that this section shall not prevent the owner from having that dog on the streets and in public places of the city when the dog is controlled by the owner or his/her agent.

B. No cattle, horses, mules, sheep, goats or swine shall be allowed to run at large or be picketed or staked out or driven upon any street, sidewalk or any other public place within the limits of the city.

C. All persons having custody of animals shall exercise proper care and control of his/her animals in order to prevent them from becoming a public nuisance.

D. Every female dog or cat in heat shall be humanely confined by the owner in such a manner that the animal cannot come in contact with another animal, except for a planned breeding.

E. Any known vicious or threatening animal shall be restrained on the owner's premises in such a way as to protect any person lawfully entering or passing such premises. Every vicious animal shall be muzzled or caged whenever off the premises of its owner.

F. It shall be unlawful for any animal to attack, chase, or threaten any person, any domestic animal or any species of wildlife.

G. Abatement of Threat to Human Life. When it reasonably appears to the animal control supervisor that any animal is a public nuisance as defined in this section and that such nuisance should be abated, the supervisor shall first attempt to obtain the written consent of the animal's owner to abate the animal. Abatement shall be defined to include either relocating or euthanizing the animal. If the animal owner's consent cannot be readily obtained, the animal control supervisor may impound the animal and file with the court a written charge of the maintenance of a nuisance. The charge shall set forth the facts according to the best of his/her information and belief, together with the name and address of the animal's owner, if known to the supervisor. The court shall then hold a hearing upon not less than three days written notice to the owner by certified mail. If upon such hearing the court finds that the charge of nuisance is sustained, the court shall issue an order to the animal control supervisor setting out the method of abatement. The supervisor shall execute such order within three days thereafter. If the court shall find that the animal does not constitute a nuisance, he/she shall order such other disposition as may be in accordance with the law. (Ord. 87-6.08 (part), 1987)

 

6.04.120 Animal Struck by Vehicle-Notification of Owner. It shall be the duty of the operator of a motor vehicle or self propelled vehicle upon the city streets to make a reasonable attempt to notify the owner of an animal upon injuring, maiming, striking or running down that domestic animal. (Ord. 87-6.08 (part), 1987)

 

6.04.130 Animals Prohibited in Food Products Establishment. It shall be unlawful for any person to take or permit any animals, excluding hearing or seeing eye dogs, whether on a leash or in the arms, in any establishment or place of business where food or food products are sold or distributed, including but not limited to restaurants, grocery stores, meat markets and fruit or vegetable stores. (Ord. 87-6.08 (part), 1987)

 

6.04.140 Animal Waste-Disposal. The person having custody of an animal shall be responsible for the immediate removal of any excreta deposited by his/her animals on public walks, recreation areas, or private property other than that belonging to the owner's of the animals. (Ord. 87-6.08 (part), 1987)

 

6.04.150 Wild Animal-Restrictions.

A. It is unlawful for any person to sell, offer for sale, barter, give away, keep or purchase any wild animal as described in the definitions and/or which is fierce, dangerous, noxious or naturally inclined to do harm. The animal shelter, a zoological park, veterinary hospital, humane society shelter, public laboratory, circus, sideshow, amusement show, wild life preserve, or facility for education or scientific purposes may humanely keep such animal in protective devices adequate to prevent such animal from escaping or injuring the public.

B. After consultation with a representative from the Utah Division of Wildlife Resources, the animal control supervisor shall have the power to release or order the release of any wild animal kept under temporary permit which is deemed capable of self-survival, or to recommend other appropriate action on behalf of any animal found incapable of survival in its natural habitat.

C. It is unlawful for any person to keep an animal of a species prohibited or protected by Title 50 of the Code of Federal Regulations or by any regulation of law of the state. (Ord. 87‑6.08 (part), 1987)

 

6.04.160 Cruelty to Animals-Prohibited. A person commits cruelty to animals when he/she:

A. Causes one animal or fowl to fight with another;

B. Intentionally or carelessly administers or applies any poisonous or toxic drug or any material injurious to tissues or organs to any animal or livestock, or procures or permits the same to be done, whether the animals be his/her own property or that of another. This provision shall not be interpreted so as to prohibit the use of poisonous substances for the control of vermin in furtherance of public health when applied in such a manner as to reasonably prohibit access to other animals;

C. By act or omission causes pain, suffering, terror or torment, or if she/he injures, mutilates or causes disease or death to any animal or fowl;

D. Administers or applies or procures or permits the administration or application of any trapping mechanism, other than a live capture trap or exposes such a trapping mechanism to animals or livestock, with the intent to harm or take the animal whether the animal be his/her property or that of another. All set live capture traps shall be checked and emptied daily. All traps must have owner identification permanently affixed to them;

E. Neglects or fails to supply such animal with necessary and adequate care, exercise, rest, food, drink, air, light, space, shelter, protection from the elements and medical attention;

F. Raises, trains, purchases or sells any animal or fowl for fighting or harbors fowl for fighting purposes, which has the comb clipped or the spur altered or who is in possession of an artificial spur;

G. Is present as a spectator at any animal contest or rents any building, shed, room, yard, ground or premises for the purpose of holding such contest between animals, or knowingly suffers or permits the use of any building, shed, room yard, ground, or premises belonging to his/her or under his/her control or any of these purposes;

H. Abandons an animal;

I. Performs or causes to be performed any of the following operations except accepted methods of animal husbandry:

1. Inhumanely removes any portion of the beak of any bird, domestic or wild;

2. Alters the gait or posture of an animal, by surgical, chemical, mechanical or any other means, including soring;

3. Crops or cuts the ears, removes an animal's claws or sterilizes a dog or cat and is not a licensed veterinarian;

4. Inhumanely docks the tail of an animal or removes an animal's dewclaws;

J. Sells, purchases, owns or has custody of any animals or fowl that have been dyed, painted or otherwise artificially colored;

K. Sells or offers for sale, raffle, prizes, a premium, or an advertising device any chicks, goslings, ducklings, or other fowl younger than eight weeks of age in quantities of less than six birds to an individual recipient;

L. Offer chicks, ducklings, goslings or other fowl for sales, raffles, offers a prize, a premium, or an advertising device, or displays chicks, ducklings, goslings, or other fowl in good health and without keeping adequate food and water available to the birds at all times;

M. Carries or causes to be carried any animal in a manner harmful to that animal. Suitable racks, cars, crates or cages in which such animals may stand, move freely, or lie down during transportation, or while awaiting slaughter, must be provided;

N. Sells any turtle, less than four inches in diameter or in contravention of any state or federal law or regulation dealing with the same;

0. Leaves any animal confined in a vehicle unattended in excessively hot or cold weather;

P. Continuously drive or works a horse or other animal to a point of observable strain. Working animals shall be offered water periodically;

Q. Takes or kills any bird(s) or robs or destroys any nest, eggs, or young of any bird in violation of the law of the state;

R. Inhumanely hobbles livestock or other animals;

S. Recklessly rides or drives any horse, mule or other animal or animals on any street, highway, avenue or alley of the city;

T. Induces or encourages an animal to perform through the use chemical, mechanical, electrical or manual devices in a manner which will cause, or is likely to cause physical injury or unnecessary suffering. (Ord. 87-6.08 (part), 1987)

 

6.04.170 Cruelty to Animals-Defenses.

A. It is a defense to prosecution under this section that the conduct of the actor towards the animal was a licensed veterinarian using an accepted veterinary practice or directly related to a bona fide experimentation for scientific research; provided, that if the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless directly necessary to the veterinary's purpose or scientific research involved.

B. Any person may kill a dog while it is attacking, chasing or worrying any domestic animal having a commercial value, or any species of hoofed, protected wildlife, while attacking domestic fowls, or while such dog is being pursued thereafter.

C. Any dog making a vicious and unprovoked attack on any person, except when the attack is in defense of the person, family or property of the dog's owner, may be killed by any person while it is making such an attack. (Ord. 87-6.08 (part) , 1987)

 

6.04.180 Dogs-License Required-Inoculation.

A. License

1. All dogs over six months of age kept, or maintained by any person in the city shall be licensed and registered. Dog licenses shall be issued by the director of finance or his representative upon payment of:

A. Twenty dollars for each unneutered male or unspayed female.

B. Ten dollars for each neutered male or spayed female and five dollars for each neutered male or spayed female for residents 65 years old and older.

C. One dollar for new residents and/or new dogs that have moved into the city after the first day of July and have proof of a current license from another city.

D. One dollar for a replacement tag.

E. Fifteen dollar late fee.

2. Licenses shall be obtained on or before the first day of March each year, for the dog involved, or within two weeks after acquiring the dog whichever occurs first. All license fees shall be increased by a late fee if not paid on or before date due. The owner shall state at the time application is made for such license, and upon printed forms provided for such purpose, his name and address and the name, breed, color, sex and date of last rabies vaccination of each dog owned or kept by him. The provisions of this section are not to apply to dogs whose owners are nonresidents temporarily within the city, nor to dogs brought into the city for participating in any dog show nor to seeing eye dogs properly trained to assist blind persons or hearing dogs properly trained to assist blind persons or hearing dogs properly trained to assist deaf persons, when such dogs are actually being used by them in going from place to place, nor to commercial kennels. Payment shall be made at the office of the director of finance or to his representative. No female shall be licensed as spayed or male licensed as neutered except upon certificate of a veterinarian.

B. No license shall be issued for any dog which has not been inoculated against rabies, except dogs under six months of age or in the written opinion of a veterinarian that inoculation would be harmful to the dog because of age, nursing dogs or other. Written proof of a current inoculation shall be presented at the time the license is applied for.

C. Upon acceptance of the license application and fee, the city shall issue a durable tag, stamped with an identifying number. Tags should be designed so that they may be conveniently fastened or riveted to the dog's collar or harness.

D. Dogs must wear current license tags at all times, except when participating in a dog show.

E. The city shall maintain a record of the identifying numbers of all tags issued and shall make this record available to the public.

F. No person other than an animal control officer or medical personnel shall remove or cause to be removed the collar or metal tag from any licensed dog without the consent of the owner or authorized agent.

G. No person may use any license for any dog other than the dog for which it was issued.

H. Lost or destroyed tags will be replaced in duplicate by the city for a fee. (Ord. 2007-15, 10/23/07, Ord. 2006-5, 9/26/06, Ord 2004-10, 9/14/04, & Ord 2002-8, 8/13/02: prior codes Ord.2000-22, 11/14/00, Ord. 87‑6.08 (part), 1987) (Also see Res 94-0, 1/10/94)

 

6.04.190 Dogs and Cats-Kennel and Cattery Permits.

A. Any person who keeps dogs or cats on his/her own property for the purpose of a kennel or a cattery shall obtain a permit from the city council paying the licensing fees required by subsection E of this section.

B. It shall be a condition of the issuance and maintenance of any permit that the city or the board of health shall be permitted to inspect all animals and the premises where animals are kept at any time and may, if permission for such inspection is refused, revoke the permit or license of the refusing owner. The board of health is authorized and empowered to close such places of business and keep it closed until conditions complying with laws governing the protection and keeping of animals are met.

C. The permit period shall begin with the calendar year and shall run for one year. Renewal application for permits shall be made thirty days prior to, and up to sixty days after the start of the calendar year. Application for a permit to establish a new kennel or cattery under the provisions of this title may be made at any time prior to opening.

D. A valid permit shall be posted in a conspicuous place in each establishment, and this permit shall be considered as appurtenant to the premises and not transferable to another location. The permittee shall notify the city within thirty days of any change in his/her establishment or of a change in ownership of the establishment, or operation which may affect the status of the permit. Permits are non-transferable.

E. Annual kennel and cattery permits and I.D. tags shall be issued upon payment of the application fee:

1. Authorized to house up to five dogs, and between five and fifteen cats, one hundred dollars;

2. Authorized to house between six and thirty animals, two hundred dollars;

3. Authorized to house thirty-one or more animals, three hundred dollars.

Exemptions: Animal establishments operated by state or local government or which are licensed by federal law and animal welfare organizations are excluded from the licensing requirement of this title.

F. Every facility regulated by this title shall be considered a separate enterprise and requires an individual permit.