The text
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)