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CHAPTER 1: - ANIMAL CONTROL#
5-1-1: - Definitions#
As used in this chapter, unless the context otherwise indicates, the following words shall mean:
ANIMAL CONTROL OFFICER: The custodian selected by the city council to be responsible for the operation of the dog pound and responsible for the control of all animals falling within the jurisdiction of the city.
AT LARGE: Shall be intended to mean that every person who has in his possession or under his control any dog or bitch within a low density residential zone within the city shall keep any such dog or bitch securely locked up or securely under his control by leash or other similar device at all times, and any person who has in his possession or under his control any dog or bitch in any other area within the city shall keep any such dog or bitch securely locked up or under his control by leash or voice command or other similar device or method at all times.
DOG: Any male, neutered male, female or spayed female dog of any age.
DOG OF LICENSING AGE: Any dog which has been weaned or attained the age of six (6) months.
IMPOUNDED: Having been received into the custody of the city pound or into the custody of any authorized agent or representative of the city.
KENNEL: Premises where three (3) or more dogs at least six (6) months old are raised, kept, housed or boarded, or premises which are regularly used in the commercial business of breeding dogs. A minimum of five (5) acres is required for a kennel.
OWNER: When applied to the proprietorship of a dog, shall mean any person or persons, firm, association or corporation owning, keeping or harboring a dog.
POUND: An animal shelter, lot, premises or building maintained by or authorized or employed by the city for the confinement or care of dogs seized either under the provisions of this chapter or otherwise.
UNLICENSED DOG: A dog for which the license for the current year has not been paid, or to which the tag provided for in this chapter is not attached.
VICIOUS ANIMAL: An animal that has bitten a person without provocation.
VICIOUS DOG: A.
Any dog which, in a vicious or terrorizing manner, approaches any person or domestic animal in apparent attitude of attack;
B.
Any dog with a known propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or animals; or
C.
Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal on public or private property.
WILD ANIMALS: Any animal of a species, however domesticated, that in its natural life is wild, including: A.
Alligators and crocodiles;
B.
Bears (ursidae); all bears, including grizzly bears, brown bears, black bears, etc.;
C.
Cat family (felidae); all cats, including cheetahs, cougars, leopards, lions, lynxes, panthers, mountain lions, tigers, wildcats, etc., except the commonly accepted domesticated cats;
D.
Dog family (canidae); all dogs, including wolves, foxes, coyotes, dingoes, etc., except the commonly accepted domesticated dogs;
E.
Porcupines (erethizonntidae);
F.
Primates (hominidae); all subhuman primates;
G.
Raccoons (prosynnidae); all raccoons, including eastern raccoons, desert raccoons, ring tailed cats, etc.;
H.
Skunks;
I.
Venomous fish and piranha;
J.
Venomous snakes or lizards;
K.
Weasels (mustelidae); all, including weasels, martens, wolverines, ferrets, badgers, otters, ermine, mink, mongooses, etc., except that persons raising members of this family as a business for their pelts shall not be prohibited by this chapter.
(Adopted by Ord. 97-2 on 7/14/1997; Amended by Ord. 2001 Code on 1/1/2001; Amended by Ord. 2007-02 on 7/11/2007; Amended by Ord. 2009-04 on 4/8/2009)
5-1-2: - Animal control officer#
A.
Created: The position of animal control officer is hereby created.
B.
Duties: The animal control officer shall perform the following duties:
1.
Carry out and enforce the provisions of this chapter.
2.
Take into his possession and impound all strays running at large and dispose of the same as hereinafter provided.
3.
Enforce the licensing of and control all dogs within the city as hereinafter provided.
4.
File complaints in the courts against any person failing to comply with the provisions of this chapter and obtain licenses when required thereunder.
5.
Capture and secure all dogs found running at large contrary to the provisions of this chapter and impound such dogs in a humane manner.
6.
Provide for a good and sufficient pound in which all animals duly committed to his charge or otherwise impounded by him shall be maintained.
7.
Enter a description thereof in records kept for that purpose stating the kind of animal, the circumstance under which received or impounded, and a description thereof sufficient to provide identification, the costs expended for the maintenance of the animal and amounts received arising out of maintenance or sale of animals.
C.
Shall Charge Fees for Services: The animal control officer shall charge, and the owners of animals taken into his possession for impound disposal or other services shall pay, such fees and charges for services performed by the pound or animal control officer as the city council shall establish from time to time by resolution. All fees received by the animal control officer shall be paid over to the city treasurer.
D.
Interference with Animal Control Officer Prohibited: It shall be unlawful for any person to interfere, molest, hinder or obstruct the animal control officer or any of his authorized representatives in the discharge of their duties as herein prescribed.
(Adopted by Ord. 1976 Code §§ 13-211, 13-212, 13-213, 13-214 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
5-1-3: - Pound#
The city council may contract with some humane person as animal control officer, with an adjoining municipality or with the county for the purpose of providing suitable premises and facilities to be used by the city as the pound. It shall be maintained in some convenient location and shall be sanitary and so operated as to properly feed, water and protect the animals from injury.
(Adopted by Ord. 1976 Code § 13-251 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
5-1-4: - Licensing requirements#
A.
License Required; Fee for License: All dogs which are kept, harbored or maintained by any person in the city shall be licensed and registered. The city recorder or animal control officer upon payment of a license fee in such amount as established by resolution of the city council shall issue dog licenses.
B.
Kennels:
1.
License Required; Fee for License: Any premises where four (4) or more dogs are kept, harbored or maintained shall be considered to be operating a dog kennel and shall be required to obtain a kennel license and pay an annual kennel license fee in such amount as established by resolution of the city council.
2.
Conditional Use Permit: In order to obtain a kennel license, the owner responsible for such kennel shall first obtain a conditional use permit in accordance with the city's planning and zoning ordinances. The owner shall state at the time application is made for such license, his name and address and the sex, breed and color of each dog owned or kept by him. The license fee shall cover the calendar year in which the license was issued, expiring on December 31 of the year of issuance, regardless of the date when issued.
C.
License Tag:
1.
Issuance: Upon payment of the license fee, the city recorder shall issue to the owner a license certificate and a metallic tag for each dog so licensed. The tag shall be changed every year and shall have stamped thereon the year for which it was issued and the number corresponding with the number on the certificate. Every dog owner shall provide each dog with a collar to which the license tag shall be affixed, and shall see that the collar and tag are constantly worn. It shall be unlawful to deprive a registered dog of its collar and/or tag.
2.
Duplicate Tag: In case a dog tag is lost or destroyed, a duplicate will be issued by the city recorder upon presentation of a receipt showing the payment of the license fee for the current year and the payment of a fee in such amount as established by resolution of the city council.
3.
Tag Not Transferable or Refundable: Dog tags shall not be transferable from one dog to another, and no refunds shall be made on any dog license fee because of death of the dog or the owner leaving the city before expiration of the license period.
(Adopted by Ord. 1976 Code § 13-243 on 1/1/1976; Amended by Ord. 97-2 on 7/14/1997; Amended by Ord. 2001 Code on 1/1/2001; Amended by Ord. 2021-01 on 10/13/2021)
5-1-5: - Cruelty to animals prohibited#
It shall be unlawful for any person to: A.
Treat in Cruel and Inhumane Manner: Overdrive, overload, drive when overloaded, overwork, torture, cruelly beat, mutilate or needlessly kill, or carry or transport in any vehicle or other conveyance in a cruel and inhuman manner, any animal or cause any of these acts to be done.
B.
Abandon: Abandon or turn out at large any sick, diseased, or disabled animal, but such animal shall, when rendered useless by reason of sickness or other disability, be humanely destroyed by the owner thereof and its carcass disposed of in such manner as to create no nuisance or hazard to health.
C.
Kill or Poison: Willfully kill any domestic animal, or to administer poison to any such animal or to expose any poisonous substance with the intent that it shall be taken by any such animal.
D.
Fail to Provide Care: Fail to provide any animal in his charge or custody with necessary sustenance, drink and protection from the elements or cause any of these acts to be done.
E.
Intentionally Exhibit: Intentionally exhibit any stud, horse or bull or other animal indecently, or let any male animal to any female animal for the purpose of providing entertainment or viewing to any person.
F.
Maintain Place of Exhibition: Maintain any place where fowl or any animals are suffered to fight upon exhibition or for sport upon any wager.
(Adopted by Ord. 1976 Code §§ 13-222, 13-224, 13-231A, 13-231B, 13-231C, 13-231D on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
5-1-6: - Vicious dogs and animals#
A.
Unlawful to Own and Possess: It shall be unlawful for any person to own and possess a vicious dog within the city. Whenever a prosecution for this offense is commenced under this section, the dog so involved may not be redeemed, pursuant to the provisions of this chapter, while awaiting final decision of the court as to the disposition to be made of such dog.
B.
Disposition After Conviction of Offense: Upon the trial of any offense under this section, the court may, upon conviction and in addition to the usual judgment of conviction, order the animal control officer or other authorized personnel of the city to put the dog to death or may order such other disposition of the dog as will protect the inhabitants of the city.
C.
Nuisance Declared: Any dog which has bitten a person without provocation or any dog that has a known propensity to attack or bite human beings is hereby declared to be a nuisance and a menace to the public health and safety and the dog may be taken up and impounded as provided in subsection A of this section.
D.
Breeds Tending to Be Vicious; Requirements for Maintaining: Certain breeds of dogs which by their unique characteristics, owner training and instruction, or mistreatment, have a propensity to be vicious. These breeds include, but are not limited to, American Staffordshire Terrier (pit bull), and any other dog or breed of dog determined to have a propensity to be vicious. The dogs identified in this subsection:
1.
License, Fee Required: Must be licensed under the procedures and fees set forth in this chapter.
2.
Confinement: Must be kept in a fenced yard, dog run or other structure which is at least six feet in height, by six feet wide, by ten feet in length (6' x 6' x 10').
3.
Leash, Muzzle: Must be on a leash and properly muzzled when they are out of a fenced yard.
4.
Requirements Met Prior to Licensing: These requirements must be met before a dog license will be issued.
E.
At Large, Without Care: It is unlawful for the owner of a vicious animal, knowing its propensities, to willfully allow it to go at large or to keep it without ordinary care. Ordinary care in this instance shall mean to restrain and/or confine the animal in such a manner that it will not pose a danger to people, animals and property engaged in legal activity in the city.
F.
Wild Animals: It shall be unlawful for any person to keep or possess any "wild animal" as defined in section 5-1-1 of this chapter, which is fierce, dangerous, noxious or naturally inclined to do harm; except a person may keep or possess such an animal if protective devices adequate to prevent such animal from escaping or injuring the public are provided.
G.
Prohibited or Protected Species: It shall be 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 a regulation or law of the state.
(Adopted by Ord. 97-2 on 7/14/1997)
5-1-7: - Control of rabies and rabid animals#
A.
Rabies Vaccination Required: It shall be unlawful for the owner of any dog to suffer, allow or permit such dog to be or go upon any sidewalk, street, alley, public place or square within the city without first having had such dog vaccinated against rabies, as provided in subsection B of this section, within the past two (2) years, and without there being on such dog a collar or harness with a license tag thereon showing that such dog has been so vaccinated.
B.
Vaccination by Licensed Veterinarian; Exception: Every owner of any dog over the age of six (6) months within the city shall have the dog vaccinated against rabies by a duly licensed veterinarian, shall secure from the veterinarian a certificate thereof, and shall attach to the collar or harness, which such person is hereby required to place upon the dog, a tag showing that such vaccination has been done; provided, that the city council may, by resolution, provide that the owners of any dog may themselves purchase serum and vaccinate their own dogs. The resolution shall also prescribe the conditions with which the owner must comply to obtain the tag herein required.
C.
Reporting of Rabid Animals: Anyone having knowledge of the whereabouts of an animal known to have or suspected of having rabies shall report the fact immediately to the health officer. The health officer shall likewise be notified of any person or animal bitten by a rabid or suspected rabid animal.
D.
Biting Animal Quarantined: Any dog or other animal of a species subject to rabies which is known to have bitten or injured any person so as to cause an abrasion of the skin shall be placed in confinement under observation of a veterinary hospital or the city pound and shall not be killed or released until at least fourteen (14) days after the biting or injury has occurred in order to determine whether or not the animal has rabies. If the animal dies or has been killed, its head shall be removed and immediately taken to the State Health Laboratory to be examined for rabies.
E.
Bitten Animal Quarantined: Any animal of a species subject to rabies which has been bitten by a known rabid animal or has been in intimate contact with a rabid animal shall be isolated in a suitable place approved by the animal control officer for a period of one hundred twenty (120) days or destroyed.
(Adopted by Ord. 1976 Code §§ 13-228, 13-229, 13-230, 13-247, 13-248 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
5-1-8: - Animals at large; driving animals#
No cattle, horses, mules, sheep, goats or swine shall be allowed to run at large or to be herded, picketed or staked out upon any street, sidewalk or other public place within the limits of the city, and all such animals so found may be impounded. Nothing herein contained shall be so construed as to prevent any person from driving cows, horses, mules or other animals from outside the city limits to any enclosure within the city limits or from any enclosure in the city to a place outside the city or from one enclosure to another within limits of the city.
(Adopted by Ord. 1976 Code § 13-221 on 1/1/1976)
5-1-9: - Dogs at large; penalty for violation#
A.
Unlawful Acts: It shall be unlawful:
1.
For the owner or keeper of any dog to permit such dog to run at large.
2.
For an owner of a dog to permit such dog to go upon or be upon the private property of any person without the permission of the owner or person entitled to the possession of such private property.
B.
Violation Regardless of Precautions: The owner of any dog running at large shall be deemed in violation of this section, regardless of the precautions taken to prevent the escape of the dog and to prohibit it from running at large.
C.
Declared Nuisance: Any dog running at large in violation of the provisions of this section is hereby declared to be a nuisance and a menace to the public health and safety, and the dog shall be taken up and impounded as provided in this chapter.
(Adopted by Ord. 1976 Code § 13-244 on 1/1/1976)
5-1-10: - Prohibited acts and conditions#
A.
Disposition of Dead Animals; Violation: The owner of any animal or fowl that has died or been killed shall remove or bury the carcass of such animal within ten (10) hours after its death; provided, that no horse, cow, ox or other animal shall be buried within the closely inhabited portions of the city. A violation of this subsection is a Class C misdemeanor and subject to penalty as provided in section 1-4-1 of this code.
B.
Diseased Animals: It is a Class C misdemeanor and subject to penalty as provided in section 1-4-1 of this code for any person to bring into the city for sale or have in his possession with intent to sell or offer for sale, any animal which has a communicable disease or which has been exposed to or which is liable to carry infection from a communicable disease.
C.
Diseased Animals for Human Consumption: It is a Class C misdemeanor and subject to penalty as provided in section 1-4-1 of this code for any person to bring into the city for sale or to sell, or offer for sale any cattle, sheep, swine, fish, game, fowl or poultry which is diseased, unsound, and unwholesome or which for any other reason is unfit for human food.
D.
Female Dogs in Heat: The owner of a female dog in heat shall cause such dog to be penned or enclosed in such a manner as to preclude other dogs from attacking such female dog or being attracted to such female dog so as to create a public nuisance. Any dog found in violation of the provisions of this subsection is hereby declared to be a nuisance and a menace to the public health and safety, and the dog may be taken up and impounded as provided in this chapter.
E.
Harbor Stray Dogs: It shall be unlawful for any person to harbor or keep within the city any lost or stray dog. Whenever any dog shall be found which appears to be lost or stray, it shall be the duty of the finder to notify the city recorder or animal control officer, who shall impound such dog for running at large contrary to the terms of this chapter. If there shall be attached to such dog a license tag for the then current fiscal year, the animal control officer shall notify the person to whom such license was issued, at the address given on the license.
F.
Loud or Offensive Animals: No person shall own, keep or harbor any dog which by loud, continued or frequent barking, howling, yelping or by noxious or offensive odors shall annoy, disturb or endanger the health and welfare of any person or neighborhood. Any dog found in violation of the provisions of this subsection is hereby declared to be a nuisance and a menace to the public health and safety, and the dog may be taken up and impounded as provided in this chapter; provided, that this subsection shall not apply to the city dog pound.
G.
Trespassing Animals: It shall be unlawful for any owner or caretaker of any domestic fowl or animal to permit such fowl or animal to trespass upon the premises of another person.
(Adopted by Ord. 1976 Code §§ 13-223, 13-225, 13-226, 13-227, 13-245, 13-246, 13-249 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
5-1-11: - Impounding#
A.
Duty of Official to Impound: It shall be the duty of every police officer or other designated official to apprehend any dog found running at large, not wearing his tag or which is in violation of this chapter and to impound such dog in the pound or other suitable place. The animal control officer, or some other designated official, upon receiving any dog, shall make a complete registry, entering the breed, color and sex of such dog and whether licensed. If licensed, he shall enter the name and address of the owner and number of the license.
B.
Interference with Impounding Prohibited: It shall be unlawful for any person to hinder, delay, interfere with, or obstruct the animal control officer or any of his assistants while engaging in capturing, securing or taking to the dog pound any dog or dogs liable to be impounded, or to break open or in any manner directly or indirectly aid, counsel or advise the breaking open of any dog pound or ambulance, wagon or other vehicle used for the collecting or conveying of dogs to the dog pound.
C.
Records Maintained: The animal control officer shall keep a record of each animal impounded by him, the date of receipt of such animal, the date and manner of its disposal and if redeemed, reclaimed or sold, the name of the person by whom redeemed, reclaimed or purchased, the address of such person, the amounts of all fees received or collected for or because of the impounding, reclaiming or purchasing thereof, together with the number of any tag and the date of any tag exhibited or issued upon the redemption or sale of such animal.
D.
Redemption of Impounded Dogs: Any dog impounded as a licensed or unlicensed dog may be redeemed and taken from such pound by the owner or any authorized person, upon exhibiting to the animal control officer or person having charge of said pound, a certificate of registry as provided in subsection A of this section, showing that the license imposed by this chapter has been paid for such dog, a receipt showing that all fines imposed for violation of this chapter have been paid, and upon paying the person in charge of the pound an impounding fee in such amount as set by resolution of the city council. All impounded dogs not redeemed within a specified number of days, as established by resolution of the city council, shall be sold for the best price obtainable at either private or public sale, and all monies received from such sales shall be paid daily to the city treasurer. All dogs that are not sold or redeemed in the required time shall be disposed of in a humane manner.
E.
Disposition of Unclaimed or Infected Dogs: All impounded dogs not redeemed within a specified number of days, as established by resolution of the city council, may be humanely destroyed or sold to the person first making written request for purchase at such price as may be deemed agreeable. In the case of dogs severely injured or having contagious disease other than rabies and which in the animal control officer's judgment are suffering and recovery is doubtful, the animal control officer may humanely destroy the dog without awaiting the specified period.
(Adopted by Ord. 1976 Code §§ 13-252, 13-253, 13-254, 13-255, 13-256 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
5-1-12: - Penalty#
Unless otherwise provided, any owner or keeper of any dog or any other person found to be in violation of sections 5-1-4, 5-1-6, 5-1-7A through B, 5-1-9, 5-1-10D and F of this chapter is guilty of an infraction and subject to penalty as provided in section 1-4-1 of this code.
(Adopted by Ord. 97-2 on 7/14/1997; Amended by Ord. 2001 Code on 1/1/2001)
CHAPTER 2: - OFFENSES#
5-2-1: - Criminal code adopted by reference#
A.
Specific Sections: The following sections of Utah Code Annotated, as amended, are hereby adopted and made a part of this code as though fully set forth herein:
32A-12-104
32A-12-201 through 221
76-1-101 through and including 601
76-2-101 through and including 406
76-3-101, 104, 105, 201, 202, 204, 205 and 208
76-3-301 through 303
76-3-401
76-4-101 through 302
76-5-102, 106, 108
76-6-101, 104, 106, 205, 206
76-6-401 through 412
76-6-601 through 607
76-8-301, 305, 306, 307 and 309
76-9-101 through 105
76-9-201 through 202
76-9-701 through 702
76-10-101 through 112
76-10-505, 506 and 508
B.
Code to Be Current: Any amendments, modifications, supplements or later editions of said code shall constitute the code then in effect under this section; provided, however, that before any later editions shall take effect, the city council by resolution shall certify that the later editions are available and three (3) copies of all amendments, modifications or supplements shall be filed for examination and use by the public in the office of the city recorder.
(Adopted by Ord. 2001 Code on 1/1/2001)
CHAPTER 3: - MINORS; CURFEW#
5-3-1: - Established#
No person under the age of eighteen (18) years shall be or remain upon any of the streets, alleys or public places or vacant lots at night between the hours of eleven fifty nine o'clock (11:59) P.M. and four o'clock (4:00) A.M. following, unless such person is accompanied by a parent, guardian or other person having legal custody of such minor person, or unless the employment or lawful business of such minor makes it necessary to be upon the streets, alleys or public places between such specified hours, in which event such minor person shall obtain a permit from the city's law enforcement agency to be upon the streets, alleys or public places during such hours. On any night when school, civil or church functions are taking place, the hours of curfew shall be eleven fifty-nine o'clock (11:59) P.M. to four o'clock (4:00) A.M. following, in order to provide adequate time to attend such functions provided for minor persons. Where a permit is required from the city's law enforcement agency under this section, such permit shall be kept upon the person and it shall be unlawful to be upon the streets, alleys or public places within such curfew hours without such permit.
(Adopted by Ord. 1976 Code § 13-312 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)
5-3-2: - Responsibility of parents, guardians#
No person, guardian or other person having legal charge or custody of any person under eighteen (18) years of age shall allow or permit any such person or child, ward or other person under such age, while in such legal custody, to go or be in or upon any of the streets, alleys or public places when such going or being in or upon such streets, alleys or public places would be in violation by such minor of any provision of section 5-3-1 of this chapter.
(Adopted by Ord. 1976 Code § 13-313 on 1/1/1976; Amended by Ord. 2001 Code on 1/1/2001)