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CHAPTER 9.02. - GENERAL PROVISIONS#
Sec. 9.02.020. - Definitions.#
Animal at large. Any domesticated animal, whether or not licensed, not under restraint as defined below.
Animal boarding establishment. Any establishment that takes in animals for boarding for profit.
Animal grooming parlor. Any establishment maintained for the purpose of offering cosmetology services for animals for profit.
Animal shelter. A facility owned and/or operated by a governmental entity or any animal welfare organization that is incorporated within the State of Utah under U.C.A., 1953, § 76-9-302, as amended, and used for the care and custody of seized, stray homeless, quarantined, abandoned or unwanted dogs, cats, or domestic animals.
Animal under restraint. Any animal under the control of its owner or person having charge, care, custody or control. A dog shall be considered under control of the owner when on a leash or lead, confined within a vehicle or within the real property limits of the owner.
Bite. An actual puncture, tear, or abrasion of the skin inflicted by the teeth of an animal.
Cats. Any age feline of the domesticated types.
Cattery. An establishment for boarding, breeding, buying, grooming, or selling cats for profit.
Dog. Any canis over four months of age. Any canis under four months of age is a puppy.
Domesticated animals. Animals accustomed to live in or about the habitation of man, including but not limited to cats, dogs, fowl, horses, swine, goats and cattle.
Guard dog. A working dog which must be kept in a fenced run or other suitable enclosure during business hours or on a leash or wider absolute control while working, so it cannot come into contact with the public. This restriction does not apply to service dogs for people and governmental entitles and dogs used for agricultural purposes.
Holding facility. Any pet shop kennel cattery, groomery, animal shelter, humane establishment, or any other such facility used for holding animals.
Kennel. An establishment having four or more dogs for the purpose of boarding, breeding, buying, grooming, letting for lure, training for fee, selling, or agricultural use such as stock herding and guarding.
Leash or lead. Any chain, rope, or devised used to restrain an animal.
Neuter. A surgical procedure performed on male animals m which its testicles are removed.
Pet. A domesticated animal kept for pleasure rather than utility, including, but not limited to birds, cats, dogs, fish, hamsters, mice, and other animals associated with man's environment.
Pet shop. Any establishment containing cages or exhibition pens not part of a kennel or cattery, wherein dogs, cats, birds, or other pets for sale are kept or displayed.
Quarantine. The isolation of an animal in a substantial enclosure so that the animal is not subject to contact with other animals or unauthorized persons.
Spay. A surgical procedure performed on a female animal in which its ovaries and uterus are removed.
Stray. Any animal at large as defined herein.
Vicious animal. Any animal which is dangerous or aggressive, including, but not limited to, any animal winch has bitten or in any other manner attacked any person or animal.
Vicious dog. (a) Any dog, which in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places, (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.
(Ord. 2015-04, 11/10/2015)
Sec. 9.02.030. - Memorandum of understanding concerning animal control within Summit County.#
1.
Purpose of the agreement. The purpose of this memorandum of understanding is to have a written understanding that Summit County will provide animal control services for the City of Kamas.
2.
Agreement to provide services. Summit County will provide animal control services to the City of Kamas according to Summit County Ordinance, as amended. Summit County will provide these services at no cost to the City of Kamas and Summit County will keep any money collected from any fees as described in this title. Only Summit County equipment and employees with be used for animal control services. Summit County will provide its own insurance to cover liability for animal control services provided by the county employees.
3.
Administration. Both parties agree that there is no separate entity created by this agreement to carry out its provisions and to the extent that this agreement requires administration as set forth herein. it shall be administered by the governing bodies. There shall be no real or personal property acquired jointly by the parties as a result of the agreement.
4.
No third party beneficiary. This agreement shall not be construed as or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any right of action for any cause whatsoever.
5.
Entire agreement. This agreement contains the entire agreement between the parties and shall not be modified or changed in any manner except by an instrument in writing executed by both parties. If any term or provision of this agreement or application thereof to any person or circumstances shall, to any extent, be invalid or unenforceable, the remainder of this agreement. or the application of such term of provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term and provision of this agreement shall be valid and enforced to the fullest extent permitted by law.
6.
Notices. All notices, demands, requests and other writings required or permitted to be given shall be deemed duly given if delivered or if mailed by registered or certified mail. postage prepaid, if addressed to the following:
City of Kamas
Summit County
Attn: Anita Lewis
P.O. Box 128
Coalville, Utah 84017
7.
Duration. This agreement will continue without expiration until one or both parties notify the other in writing to terminate the agreement. If a party desires to terminate the agreement, the party shall provide 60 days advance written notice as provided for in this section.
(Ord. 2015-04, 11/10/2015)
CHAPTER 9.04. - ADMINISTRATION#
Sec. 9.04.010. - Department of animal control.#
The department of animal control is created in accordance with this ordinance.
(Ord. 2015-04, 11/10/2015)
Sec. 9.04.020. - Powers of animal control officials.#
1.
The animal control director or any person employed by the department of animal control as an animal control officer shall take the oath of office and shall be vested with the power and authority to enforce this ordinance.
2.
The animal control director, his deputies, assistants, and animal control officers are hereby authorized and empowered to apprehend and take with them and impound any animal found in violation of this ordinance and including licensable dogs for which no license has been procured m accordance with this ordinance or any licensed or unlicensed dogs for any other violation.
3.
In the enforcement of this ordinance any peace officer or the director of animal control or his assistants are authorized to enter onto the open premises of any person to take possession of any dog in violation of this ordinance.
(Ord. 2015-04, 11/10/2015)
Sec. 9.04.030. - Duties of animal control officials.#
1.
The animal control director shall:
a.
Enforce this ordinance and perform other responsibilities pursuant to this ordinance;
b.
Supervise the animal shelter(s) under this jurisdiction;
c.
Keep adequate records of all animals impounded and all monies collected;
d.
See that all animals and animal holding faithless in his jurisdiction are licensed, controlled and permitted in accordance with any applicable ordinance and/or regulations; and
e.
Establish, in cooperation with the Summit County Health Department and other interested governmental agencies, adequate measure for rabies immunization and control.
2.
Each animal control officer shall:
a.
Enforce tins ordinance in all respects pertaining to animal control within the jurisdiction including the care and impounding of animals and prevention of cruelty to animals; and
b.
Carry out all duties prescribed or delegated by the director.
(Ord. 2015-04, 11/10/2015)
Sec. 9.04.040. - Kennel permits.#
1.
Any person wishing to operate or maintain a kennel, cattery, pet shop, or groomery must first obtain a kennel license from the department of the animal control. Said kennel license shall be issued upon payment of the fee set forth herein and a statement from the Summit County Planning Department or appropriate city official that a kennel is a permitted use under the zoning regulations in effect for the area of the proposed kennel.
2.
A valid kennel license shall be posed in a conspicuous place in each establishment and said license shall be considered as appurtenant to the premises and not transferable to another location. The licensee shall notify the department of animal control within 30 days of any change in his establishment or operation which may effect the status of his license In the event of a change in ownership of the establishment, the licensee shall notify the department of animal control immediately. Licenses shall not be transferable from one owner to another.
3.
Any license issued pursuant to this section shall automatically expire on December 31, immediately following date of issue. During the first three months of each year, the licensee shall apply for a renewal of the license and pay the required fee. Any application made after March 31, except an application for a new establishment opening subsequent to that date, shall be accompanied by a late application fee m addition to the regular permit fee
4.
License fees.
a.
Kennels, catteries, groomeries, pet shops veterinary clinics, or boarding establishments Class A kennel license, four to 30 animals: $50.00.
b.
Late fee: $25.00.
(Ord. 2015-04, 11/10/2015)
Sec. 9.04.050. - Standards for permitted establishment.#
The department of animal control shall promulgate rules and regulations governing the operation of kennels, catteries, groomeries, pet shops. Such rules and regulations shall provide for the type of structures building, pens cages runways or yards required for the animal sought to be kept, harbored, or confined on such premises, the manner which food, water, and sanitation facilities will be provided to such animals, measures relating to the health of said animals, the control of noise and odors, and the protection of person or property adjacent premises, and other such matters as the director shall deem necessary. Such rules and regulations shall have the effect of law, and violation of such rules and regulations shall be deemed a violation of this ordinance end grounds for revocation of a permit issued by the department of animal control.
(Ord. 2015-04, 11/10/2015)
Sec. 9.04.060. - Suspension or revocation of permit.#
1.
Grounds. A permit may be suspend or revoked or a permit application rejected on any one or more of the following grounds:
a.
Falsification of facts m a permit application;
b.
Violation of any of the provisions of this ordinance or any other law or regulation governing the establishment including noise; or
c.
Conviction on a charge of cruelty to animals.
2.
Procedure. If any inspection of kennels, catteries, groomeries, or pet shops reveal a violation of this ordinance, the inspector shall notify the permit holder or operator of such. violation by means of an inspection report form or other written notice. The notification shall:
a.
Set forth the specific violation(s) found;
b.
Establish a specific and reasonable period of tune for the correction of the violations found; and
c.
State that failure to comply with any notice issued m accordance with the provisions of this ordinance may result m immediate suspension of the permit.
3.
Revocation or suspension. Any permit granted under this ordinance may be suspended or revoked by the county sheriff for violation listed in this section.
4.
Emergency suspension. Notwithstanding the other provisions of this ordinance, when the inspecting officer finds unsanitary or other conditions m the operation of kennels, catteries, groomeries, pet shops, or a similar establishment, which in his judgment constitute a substantial hazard to public health, he may, without warning or hearing, issue a written notice to the permit holder or operator citing such condition specifying the corrective action to be taken. Such order may state that the permit is immediately suspended and all operations are to be discontinued. Any person to whom such an order is issued, shall comply immediately. Any animals at such a facility may be confiscated by the department of animal control and impounded or otherwise provided for according to the provisions of this ordinance.
5.
Notice. Notice provided for under this section shall be deemed to have been properly served when the original of law inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by certified mail to the last known address of the permit holder. A copy of such notice shall be filed with the records of the department of animal control.
(Ord. 2015-04, 11/10/2015)
Sec. 9.04.070. - Interfering with officers prohibited.#
It is unlawful for any person to do any act which hinders, delays, interferes with, or obstructs an animal control officer while engaging in the discharge of their duties, including furnishing false information to such.
(Ord. 2015-04, 11/10/2015)
CHAPTER 9.06. - LICENSING AND REGULATIONS#
Sec. 9.06.010. - Dog licensing.#
1.
All dogs must be licensed each year, except as otherwise provided to a person of the age of 18 years or older.
2.
Any person owning, possessing or harboring any dog within Summit County shall obtain a license for such animal within 30 days after the dog reaches the age of four months, within ten days of the acquisition of such dog or presence of such dog within Summit County. For a dog under the age of six months, the department of animal control may accept certification from a licensed veterinarian that the owner has deposited funds for spaying or neutering, then the dog may be licensed at the reduced fee. Said initial license shall be effective for one year from the date of purchase and must be renewed annually thereafter.
3.
License renewal applications must be submitted annually to the department of animal control, utilizing a standard form which requests name, address and telephone number of the applicant and the breed, sex, color, and age of the animal, the form also asks for pertinent information regarding rabies vaccinations. The application shall be accompanied by the prescribed license fee and by a current rabies vaccination certificate. Rabies vaccinations and certificates must be obtained every three years, either from a licensed veterinarian or an authorized animal control officer.
4.
Dog licenses will be issued m accordance with the following fee schedule:
Female dog: $18.00
Male dog: $18.00
Late fee (in addition to regular fee): $15.00
Spayed or neutered dog: $6.00
5.
No dog shall be licensed as spayed or neutered without satisfactory proof that such surgery was performed on said dog.
6.
The license shall be effective one year from the date of purchase after which a late fee may be imposed. Licenses for the following year may be purchased within 30 days prior to the explanation date.
7.
No person or persons at any one residence within the jurisdiction shall at any one time own or license more than three dogs in any combination except as otherwise provided.
(Ord. 2015-04, 11/10/2015)
Sec. 9.06.020. - License tag.#
1.
Upon payment of the license fee, the department of animal control shall issue to the owner a certificate and a tag for each dog licensed. The tag shall have stamped on the license number corresponding with the tag number on the certificate. The owner shall attach the tag to the collar or harness of the animal and see that the collar and the tag are constantly worn. Failure to attach the tag as provided shall be in violation of this ordinance, except dogs which are kept for show purposes are exempt from wearing the collar and tag.
2.
Dog tags are not transferable from one dog to another. No refunds shall be made on any dog license fee for any reason whatsoever. Replacements for lost or destroyed tags shall be issued upon payment of $1.00 to the department of animal control.
3.
Any person removing or causing to be removed, the collar, harness, or tag from any licensed dog without the consent of the owner or keeper thereof, except a licensed veterinarian or animal control officer who removes such for medical and other reasons, shall be m violation of this ordinance.
(Ord. 2015-04, 11/10/2015)
Sec. 9.06.030. - Licensing exemptions.#
1.
The provisions of KMC 9.06.020 and this section shall not apply to:
a.
Licensed dogs whose owners are non-residents temporarily (up to 30 days) within the jurisdiction, licensed dogs whose owners remain within the jurisdiction longer than 30 days may transfer to the local license upon payment of $1.00 fee and proof of current rabies vaccination; and
b.
Individual dogs within a properly licensed dog kennel or other such establishment when such dogs are held for resale or for agricultural use.
2.
The fee provisions of KMC 9.06.020 shall apply to:
a.
Seeing eye dogs properly trained to assist blind persons if such dogs are actually being used by blind persons to assist them m moving from place to place;
b.
Hearing dogs properly trained to assist deaf persons if such dogs are actually used by deaf persons to aid them in responding to sounds; and
c.
Dogs especially trained to assist officials of government agencies in the performance of their duties and which are owned by such agencies.
3.
Nothing in this section shall be construed so as to exempt any dog from having a current rabies vaccination.
(Ord. 2015-04, 11/10/2015)
Sec. 9.06.040. - Revocation of dog license.#
If the owner of any dog is found to be in violation of this ordinance on three or more different occasions during any 12-month period, the director of animal control may revoke for a period of one year any dog license(s) such person may possess and providing for the department of animal control to pick up and impound any dog kept by the person under such order. Any dog impounded pursuant to such an order shall be dealt with in accordance with the provisions of this ordinance for impounded animals except that the person under the order of revocation shall not be allowed to redeem the dog under any circumstances.
(Ord. 2015-04, 11/10/2015)
CHAPTER 9.08. - CONDUCT AND PROHIBITED ACTS#
Sec. 9.08.010. - Cruelty to animals prohibited.#
1.
Physical abuse. It is unlawful for any person to willfully or maliciously kill, maim, disfigure, torture, beat with a stick, chain, club, or other object, mutilate, bum or scald overdrive, or otherwise cruelly set upon any animal. Each offense shall constitute a separate violation. An exemption will must for agricultural animals that are branded ear marked, or otherwise marked for identification purposes.
2.
Transporting animals. It is unlawful for any person to carry or confine any animal in or upon any vehicle in a cruel or inhumane manner including but not harmed to, carrying or confining such animal without adequate ventilation or for an unusual length of time.
3.
Care and maintenance. It shall be the duty of any person to provide any animal it his charge or custody, as owner or otherwise, with adequate food, drink, care (which shall include veterinary care) and shelter.
4.
Animal poisoning. Except as provided in this section it shall be unlawful for any person by any means to make accessible to any animal, with intent to cause harm or death, any substance which has in any manner been treated or prepared with any harmful or poisonous substance. The provision shall not be interpreted so as to prohibit the use of poisonous substances for the control of vermin in the furtherance of the public health when applied in such a manner as to reasonably prohibit access to other animals
5.
Injury to animals by motorists.
a.
Every operator of a motor or other self-propelled vehicle upon the streets of the jurisdiction shall immediately upon injuring, striking, maiming, or running down any domestic animal give such aid as can reasonably be rendered. In the absence of the owner, he shall immediately notify the department of animal control furnishing requested facts relative to the injury.
b.
It shall be the duty of such operator to remain at or near the scene until such time as the appropriate authorities arrive, and upon the arrival of such authorities the operator shall immediately identify himself so such authorities. Alternatively, in the absence of the owner, a person may give aid by taking the animal to the animal control facility or other appropriate facility and notifying the department of animal control. Such animal may be taken m by the animal control facility and dealt with as deemed appropriate under the circumstances.
c.
Emergency vehicles are exempted from the requirements of this provision.
6.
Animals for fighting.
a.
It shall be unlawful for any person, firm, or corporation to raise, keep or use any animal, fowl or bird for the purpose of fighting or baiting, and for any person to be a party to or be present as a spectator at any such fighting or biting of any animal or fowl, and for any person, firm, or corporation to knowingly rent any building, shed, room, yard, ground, or premises for any such purposes as aforesaid or to knowingly suffer or permit the use of his buildings, sheds, rooms, yards, grounds, or premises for such purposes.
b.
Law enforcement officers or the department of animal control officials may enter any building or place where there is an exhibition of fighting or baiting of a live animal, or where preparations are being made for such an exhibition, and the law enforcement officers may arrest persons there present and take possession of all animals engaged in fighting, along with all implements or applications used m such exhibition. This provision shall not be interpreted to authorize a search or arrest without a warrant when such is required by law.
7.
Malicious impounding. It shall be unlawful for any person maliciously to secrete or impound the animal of another.
(Ord. 2015-04, 11/10/2015)
Sec. 9.08.070. - Nuisance.#
Any owner or person having charge, care, custody, or control of an animal or animals causing nuisance as defined below shall be in violation of this ordinance and subject to the penalties provided herein. The following shall be deemed a nuisance: 1.
Any animal which:
a.
Causes damage to the property of anyone other than its owner;
b.
Is a vicious animal as defined herein and kept contrary to KMC 9.08.140;
c.
Causes unreasonable fouling of the air by odors;
d.
Causes unsanitary conditions in enclosures or surroundings;
e.
Defecates on any public sidewalk, park, or budding, or on any private property without the consent of the owner of such private property, unless the person owning, having a proprietary interest in, harboring, or having care, charge, control. custody, or possession of such animal shall remove any such defecation to a property trash receptacle;
f.
Barks, whines, or howls or makes other disturbing noises in an excessive, continuous, or untimely fashion;
g.
Attacks other domestic animals; or
h.
As determined by the department of animal control or the city/county health department of animal control or the city/county health department to be offensive or dangerous to he public health, welfare, or safety.
2.
Animals which, by virtue of the number maintained, are determined by the department of animal control or the city/county health department to be offensive or dangerous to the public health, welfare, or safety.
(Ord. 2015-04, 11/10/2015)
Sec. 9.08.080. - Unlawful to harbor stray dogs.#
It shall be unlawful for any person, except an animal welfare society incorporated within the State of Utah under U.C.A., 1953, § 76-9-302, as amended, to harbor or keep any lost or stray dog. Whenever any dog shall be found winch appears to be lost or strayed, it shall be the duty of the finder to notify the department of animal control within 24 hours, and the department of animal control shall impound the dog.
(Ord. 2015-04, 11/10/2015)
Sec. 9.08.090. - Dogs running at large.#
It shall be unlawful for the owner or person having charge, care, custody, or control of any dog to allow such dog at any tune to run at large. The owner or person charged with responsibility for a dog found running at large shall be strictly liable for a violation of this section regardless of the precautions taken to prevent the escape of the dog and regardless of whether or not he knows that the dog is running at large, deemed "at large" unless personally controlled by leash or lead in condo common areas, public parks, parking lots open to public, ski areas, golf courses and shopping centers.
(Ord. 2015-04, 11/10/2015)
Sec. 9.08.100. - Dogs on unenclosed premises.#
It shall be unlawful for any person to chain, stake out, or tether any dog on any unenclosed premises in such a manner that the animal may go beyond the property line unless such person has permission of the owner of the affected property.
(Ord. 2015-04, 11/10/2015)
Sec. 9.08.110. - Female dogs in heat.#
Any owner or person having charge, care, custody, or control of any female dog in heat shall, m addition to restraining such dog from running at large, cause such dog to be constantly confined in a building or secure enclosure so as to prevent it from attracting by scent or coming into contact with other dogs and creating a nuisance, except for planned breeding.
(Ord. 2015-04, 11/10/2015)
Sec. 9.08.120. - Places prohibited to dogs.#
It shall be unlawful for any person to take or permit any dog, whether loose or on a leach or in arms, m or about any establishment or place of business where food or food products are sold or displayed, including but not limited to, restaurants, grocery stores, meat markets and fruit or vegetable stores It shall be unlawful for any person keeping. harboring, or having charge or control of any dog to allow said dog to be within the following described area: 1.
Any water shed area so designated by ordinance or otherwise legally appointed, either now existing or to be defined m the future.
2.
Any construction site of a building, building improvement, road, utility, or other construction site during any time when actual construction or excavation activity is taking place.
This Section shall not apply to dogs provided for in KMC 9.06.030.
(Ord. 2015-04, 11/10/2015)
Sec. 9.08.130. - Dogs attacking persons and animals.#
1.
Attacking dogs. It shall be unlawful for the owner or person having charge care, custody, or control of any dog to allow such dog to attack, chase or worry any person, any domestic animal, or any species of protected wildlife, or to attack domestic fowl. "Worry" as used in this section shall mean to harass by tearing, biting, or shaking with the teeth, or without provocation to chase any animal or person or approach any person in an apparent attitude of attack when such person is in a place where he/she has a night to be.
2.
Owner liability. The owner m violation of number one above shall be strictly liable for violation of this section. In addition to being subject to prosecution under this section, the owner of such dog shall also be liable in damages to any person injured or to the owner of any animal(s) injured or destroyed.
3.
Defenses. The following shall be considered in mitigating the penalties or damages or in dismissing the charge:
a.
That the dog was properly confined on the premises; or
b.
That the dog was deliberately or maliciously provoked.
4.
Dogs may be killed. Any person may kill a dog while it is committing any of the acts specified in number one above or while such dog is being pursued thereafter.
(Ord. 2015-04, 11/10/2015)
Sec. 9.08.140. - Fierce, dangerous, or vicious animals.#
It shall be unlawful for the owner of any fierce, dangerous, or vicious animal to permit such animal to go or be off the premises of the owner unless such animal is under restraint and properly muzzled so as to prevent it from injuring any person or property. Every animal so vicious and dangerous that it cannot be controlled by reasonable restraints, and every dangerous and vicious animal not effectively controlled by its owner or person having charge, care, or control of such animal, so that it shall not injure any person or property is a hazard to public safety, and the director of animal control shall seek a court order for destruction of or muzzling of the animal. The director of animal control has the discretion to destroy a dog that is determined to be vicious, fierce, or dangerous and in the custody or control of animal control.
(Ord. 2015-04, 11/10/2015)
Sec. 9.08.150. - Domesticated animals.#
It is unlawful for the owner or person having charge, care, or custody of any domesticated animal to allow such to be at large. Domestic animals as such include horses, cattle, sheep, pigs, goats, etc.
(Ord. 2015-04, 11/10/2015)
CHAPTER 9.10. - IMPOUNDMENT#
Sec. 9.10.010. - Animals to be impounded.#
The animal control director shall place all animals which he takes into custody in an designated animal impound facility. The following animals may be taken into custody by the animal control director and impounded without filing a complaint. 1.
Any animal being kept or maintained contrary to the provisions of this ordinance;
2.
Any animal running at large contrary to the provisions of this ordinance;
3.
Any animal that is required by this ordinance to be licensed and is not licensed. An animal not weaning a tag shall be presumed to be unlicensed for purposes of this section;
4.
Sack or injured animals whose owner cannot be located;
5.
Any abandoned animal;
6.
Animals winch are not vaccinated for rabies in accordance with the requirements of this ordnance;
7.
Any animal to be held for quarantine; or
8.
Any vicious animal not properly confined as required by KMC 9.08.140.
(Ord. 2015-04, 11/10/2015)
Sec. 9.10.020. - Animal shelter.#
1.
The governing authority shall provide suitable premises and facilities to be used as an animal shelter where impounded small animals can be adequately kept. They shall purchase and supply food and supply humane care for impounded animals.
2.
The governing authority shall provide for the painless and humane destruction of dogs and other animals required to be destroyed by this ordinance or by the laws of the State of Utah.
3.
The governing authority may furnish, when necessary, medical treatment for such animals as may be impounded pursuant to this chapter.
(Ord. 2015-04, 11/10/2015)
Sec. 9.10.030. - Records to be kept.#
1.
Complete description of the animal, including tag number;
2.
The manner and date of impound;
3.
The location of the pickup and name of the officer picking up the animal;
4.
The manner and date of disposal;
5.
The name and address of the redeemer or purchaser;
6.
The name and address of any person relinquishing an animal to the impound facility;
7.
All fees received; and
8.
All expenses accruing during impoundment.
(Ord. 2015-04, 11/10/2015)
Sec. 9.10.040. - Disposition of animals.#
1.
Licensed animals shall be impounded for a minimum of five working days before further disposition, except as otherwise provided herein. Reasonable effort shall be made to notify the owner of any animal wearing a license or other identification during that time. Notice shall be deemed given when sent to the last known address of the listed owner. Any animal voluntarily relinquished to the animal control facility by the owner for destruction or other disposition need not be kept for the minimum holding period before release or other disposition as herein provided.
2.
No dog or cat shall be released for adoption until such dog or cat is spayed or neutered unless payment for such spaying or neutering is deposited with animal control and the person to whom the dog or cat is released agrees, in writing, to cause such dog or cat to be spayed or neutered. Such agreement shall provide that the purchaser will have the dog or cat spayed or neutered within 120 days of the date of purchase.
Failure to spay or neuter such dog or cat shall be deemed a breach of the adoption contract and shall result in its termination, return of the dog or cat, and forfeiture of all amounts paid to animal control. All adoptions are conditional until the animal is spayed or neutered.
3.
All dogs, except for those quarantined or confined by court order, held longer than the minimum impound period, and all dogs voluntarily relinquished to the impound facility may be destroyed or sold as the animal control director shall direct. Any healthy dog may be sold to any person desiring to purchase such animal for a price to be determined by the director but not to exceed $10.00 per animal, plus license, rabies vaccinations, and spaying or neutering fees if required.
4.
Any licensed animal impounded and having or suspected of having serious physical injury or contagious disease requiring medical attention, may, in the discretion of the animal control director, be released to the care of a veterinarian with the consent of the owner.
5.
When in the judgment of the animal control director, it is determined that an animal should be destroyed for humane reasons or to protect the public from imminent danger to persons or property or the dog is determined to be a vicious animal such animal may be destroyed without regard to any time limitations otherwise established herein, and without court order.
(Ord. 2015-04, 11/10/2015)
Sec. 9.10.050. - Redemption.#
The owner of any impounded animal or his authorized representative may redeem such animal before disposition provided he pays. 1.
The impound fee;
2.
The dally board charge;
3.
Veterinary costs incurred during the impound period, including rabies vaccination; and
4.
License fee if required. Fees shall be charged at the following rates:
Impound fee: First cofinement: $25.00
Second confinement: $50.00
Third or subsequent confinements: $75.00
Board: Per calendar day of confinement: $6.00
No impound fee will be charged to the reported owners of suspected rabid animals if they comply with KMC 9.12.010.
(Ord. 2015-04, 11/10/2015)
Sec. 9.10.060. - Impound fees for voluntary relinquishment by owner.#
Whenever any dog or cat is voluntarily relinquished by the owner thereof to the animal control facility for destruction or other disposition as provided by KMC 9.10.040, a donation may be given by such owner for each dog, for each litter of dogs, for each cat or for each litter of cats so relinquished.
(Ord. 2015-04, 11/10/2015)
CHAPTER 9.12. - RABIES AND DISEASE CONTROL#
Sec. 9.12.010. - Control of rabies and rabid animals.#
1.
Rabies vaccination required for dogs. The owner or person having the charge, care, custody, and control of a dog four months of age or over shall have said animal vaccinated within 30 days after it reaches said age. Unvaccinated dogs over four months of age acquired by the owner or moved into the jurisdiction must be vaccinated thereafter every 36 months with a modified virus rabies vaccine approved by the Summit County Health Department. Cats shall be vaccinated every 36 months. This provision shall not apply to veterinarian or kennel operators temporarily maintaining on their premises animals owned by others.
2.
Duties of veterinarian and tag requirements. It shall be the duty of each veterinarian, when vaccinating any animal for rabies, to complete a certificate of rabies vaccination (in duplicate) which includes the following information:
a.
Owner's name and address;
b.
Description of animal (breed, sex, markings, age, and name);
c.
Date of vaccination;
d.
Rabies vaccination tag number;
e.
Type of rabies vaccine administered; and
f.
Manufacturer's serial number of vaccine.
A copy of the certificate shall be distributed to the owner and original retained by the issuing veterinarian. The veterinarian and the owner shall retain their copies of the certificate for the interval between vaccinations specified in this section. Additionally, a number serialized metal or durable plastic rabies vaccination tag shall be securely attached to the collar or harness of all dogs. A dog not wearing such tag shall be deemed to be unvaccinated and may be impounded and dealt with pursuant to this ordinance.
3.
Transient animal exception. The provisions of this section with respect to vaccination shall not apply to any animal owned by a person temporarily remaining within the jurisdiction for less than 30 days. Such animals shall be kept under strict supervision of the owner. It shall be unlawful to bring any animal into the jurisdiction which does not comply with animal health laws and import regulations.
4.
Impoundment of animal without valid rabies vaccination tag.
a.
Any vaccinated animal impounded because of a lack of rabies vaccination tag may be reclaimed by its owner by furnishing proof of rabies vaccination and payment of all impoundment fees prior to release.
b.
Any unvaccinated animal may be reclaimed by payment of impound fees and by obtaining a rabies vaccination within 72 hours of release.
c.
Any dog not reclaimed prior to the period shall be disposed of pursuant to provisions of KMC 9.10.040.
5.
Reporting of rabid animals. Any person having knowledge of the whereabouts of an animal known to have been exposed to, or suspected of having rabies, or of an animal or person bitten by such a suspect animal, shall notify the department of animal control, the Summit County Health Department, or the state division of health.
6.
Quarantining and disposition of biting or rabid animal.
a.
An animal that has rabies or shown signs of having rabies, and every animal infected with rabies or that has been exposed to rabies, shall be reported by the owner as set forth above and shall immediately be confined ma secure place by the owner. The director of animal control has the discretion to allow the dog owner to secure the dog or to require the dog owner to surrender the dog to the department of animal control.
b.
The owner of any animal of a species subject to rabies which has bitten shall surrender the animal to an authorized official upon demand. Any person authorized to enforce this ordinance may enter upon private property to seize the animal, if the owner refuses to surrender the animal, the officer shall immediately obtain a search warrant authorizing seizure and impoundment of the animal.
c.
Any animal of a species subject to rabies that bites a person or animal or is suspected of having rabies may be seized and quarantined for observation for a period of not less than ten days by the department of animal control and/or the city/county health department. The owner of the animal shall bear the cost of confinement. The animal shelter shall be the normal place for quarantine, but other arrangements including confinement by the owner, may be made by the director of animal control and/or the director of health if the animal had a current rabies vaccination at the time the bite was inflicted or if there are other special circumstances justifying an exception. A person who has custody of an animal under quarantine shall immediately notify the department of animal control if the animal shows any signs of sickness or abnormal behavior, or if the animal escapes confinement. It shall be unlawful for any person who has custody of a quarantined animal to fail or refuse to allow a health or animal control officer to make an inspection or examination during the period of quarantine. If the animal dies within ten days from the date of the bite, the person having custody shall immediately surrender the dog to the department of animal control. If, at the end of the ten-day period, the director of animal control examines the animal and finds no sign of rabies, the animal may be released to the owner or, in the case of a stray, it shall be disposed of as provided in KMC 9.10.040.
d.
Unvaccinated bitten animals.
i.
In the case of an unvaccinated animal species subject to rabies which is known to have been bitten by a known rabid animal, said bitten or exposed animal should be immediately destroyed.
ii.
If the owner is unwilling to destroy the bitten or exposed animal, the animal shall be immediately isolated and quarantined for six months under veterinary supervision, the cost of such confinement to be paid m advance by the owner. The animal shalt be destroyed if the owner does not comply.
e.
Vaccinated bitten animals.
i.
If the bitten or exposed animal hos been vaccinated, the animal shall be revaccinated within 24 hours and quarantined for a period of 45 days following revaccination; or
ii.
If the animal is not revaccinated within 24 hours, the animal shall be isolated and quarantined under veterinary supervision for six months.
iii.
The animal shall be destroyed if the owner does not comply with this section.
f.
Removal of quarantined animal. It shall be unlawful for any person to remove any such animal from the place of quarantine without written permission of the department of animal control. It is unlawful for any person to permit or suffer to escape any such animal from its place of quarantine or impoundment.
g.
If any animal bites or attacks or person or animal two times or more in a 12-month period such animal may be immediately impounded by the department of animal control without court order and held at owner expense pending court action. Any such animal shall be deemed a vicious animal end the director of animal control may seek a court order or exercise discretion as provided in KMC 9.08.140 for destruction of the animal. Parties owning such animal shall, if possible, be notified immediately of the animal's location by the department of animal control.
(Ord. 2015-04, 11/10/2015)
Sec. 9.12.020. - Bites, duty to report.#
1.
Any person having knowledge of any individual or animal having been bitten by an animal of a species subject to rabies shall report the incident immediately to the department of animal control.
2.
The owner of an animal that bites a person and any person bitten by an animal shall report the bite to the department of animal control or the city/county health department within 24 hours of the bite, regardless of whether or not the biting animal is a species subject to rabies.
3.
A physician or other medical personnel who renders professional treatment to a person bitten by an animal shall report the fact that he has rendered professional treatment to the department of animal control or the city/county health department within 24 hours of his first professional attendance. He shall report the name, sex, and address of the person bitten as well as the type and location of the bite. If known, he shall give the name and address of the owner of the animal that inflicted the bite, and any other facts that may assist the department of animal control in ascertaining the immunization of the animal.
4.
Any person treating an animal bitten, injured or mauled by another animal shall report the incident to the department of animal control. The report shall contain the name and address of the owner of the wounded, injured, or bitten animal, the name and address of the owner, a description of the animal that caused the injury, and the location of the incident.
5.
Any person not conforming to the requirements of this section shall be in violation of this ordinance.
(Ord. 2015-04, 11/10/2015)
CHAPTER 9.14. - ENFORCEMENT AND PENALTIES#
Sec. 9.14.010. - Violation.#
Any person violating the provisions of this ordinance either by failing to do those acts required herein or by doing any act prohibited herein, shall be subject to a fine m an amount not to exceed $750.00 or imprisoned in the Summit County Jail not to exceed 90 days, or both such fine and imprisonment or such further fines and imprisonments provided for a Class C misdemeanor pursuant to UCA 1953, § 76-3-101 et seq., as amended. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. In addition, Summit County may also pursue civil remedies for any violation of this ordinance.
(Ord. 2015-04, 11/10/2015)