The text
15-4-1 - Nuisance Animals.#
1.
All persons having custody of animals shall exercise proper care and control of his or her animals in order to prevent them from becoming a nuisance. It shall be unlawful for any owner or custodian to keep a nuisance animal contrary to the provisions of this Title.
2.
An animal shall be deemed to be a nuisance if the animal:
a.
Causes damage to the property of anyone other than its owner;
b.
Causes unreasonable odors;
c.
Causes unsanitary conditions;
d.
Barks, whines, howls, or makes other disturbing noises for an extended period of time;
e.
Chases vehicles;
f.
Is an animal which on more than one (1) occasion has been impounded for being at large or its owner or possessor has been convicted for the animal being at large;
g.
Is an animal previously declared potentially dangerous or dangerous and is found in violation of restrictions placed on that animal by the Animal Control Department;
h.
Is found by a court to be a public nuisance under State law;
i.
Repeatedly molests or intimidates neighbors, pedestrians, or passersby by lunging at fences, chasing, or acting aggressively towards such person or persons unless provoked by such person or persons.
15-4-2 - Abatement of Public Nuisance Animals.#
1.
When it reasonably appears to the director that any animal is a nuisance as defined in this Title, and that such nuisance should be abated, the director shall first attempt to obtain the written consent of the animal's owner or custodian to abate the animal.
2.
"Abatement" shall be defined to include the euthanization, relocation, or placement of the animal under conditions acceptable to the owner or custodian of the animal and the director. Abatement by relocation shall not be an option if the animal represents a continuing threat of serious harm, such as in the case of a vicious dog.
3.
If the consent of the animal owner or custodian cannot be readily obtained, the director may file a complaint with a court of competent jurisdiction charging the owner or custodian of the animal with the maintenance of a nuisance and alleging the facts according to the best of the director's information and belief, indicating that the owner or custodian is maintaining a nuisance and the nuisance should be abated.
4.
Until such time as the owner or custodian may be summoned to appear before the court, the animal(s) may be impounded by the department and held at the Center or such other place as the director deems appropriate pending a decision by the court.
5.
If the court finds that the owner or custodian of the animal is maintaining a nuisance, the department will seek an order from the court setting out the method of abatement. If relocation is ordered, the court may set whatever conditions are necessary to guarantee that the animal shall not constitute a nuisance in the future. In the event the court determines that the animal is a nuisance, the owner or custodian shall pay the cost of all impoundment fees, maintenance fees, or any other fee that may incur as a result of such impoundment and the County shall be entitled to a judgment for that amount and for the costs of enforcement.
15-4-3 - Control and Fencing of Livestock.#
1.
It is unlawful for an owner or handler of livestock to allow, either negligently or willfully, the same to run at large in an area where such is not permitted by any law or regulation.
2.
It is unlawful for an owner or handler of livestock to allow, either negligently or willfully, the same to be herded, pastured or to otherwise enter upon the land of another person without the consent of that person.
3.
In areas where livestock are not permitted to run at large, the owner or handler of livestock shall construct adequate fencing and shall maintain such fencing to prevent the escape of livestock from the owner's or handler's premises.
4.
For the purposes of this Section, "adequate fencing" means, at a minimum, mesh, barbed wire, chain link, rail or post fencing, or metal fence panels.
5.
Because of the unusual hazards presented by stallions, such animals shall be confined in a fenced enclosure with a minimum fence height of eight feet (8').
6.
Failure by an owner or handler to erect and maintain the fencing required by this Section, thus permitting the escape of, or injury to persons, property or other domesticated animals, shall be violation of this Title.
15-4-4 - Female Dogs in Heat.#
Except for planned breeding, any owner or person having charge, care, custody or control of any female dog in heat shall, in 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.
15-4-5 - Possession of Potentially Dangerous Animals.#
1.
Any person who owns or maintains a potentially dangerous animal shall:
a.
Use all reasonable means at his or her disposal to restrict that potentially dangerous animal from injuring any person or animal; and
b.
Have a microchip inserted and maintained in that potentially dangerous animal, at the expense of the owner or the person who maintains the potentially dangerous animal, for identification purposes. If the animal is in the custody of Animal Control, that animal may not be released until that microchip is inserted.
2.
The department may, at the discretion of the Animal Control Director or the authorized agents of the Animal Control Director, from time to time impose specific restrictions regarding the housing and conditions for the keeping of potentially dangerous animals.
15-4-6 - Possession of Dangerous Animals.#
1.
Any dangerous animal, while on the owner's property, must be securely confined indoors, or in a securely enclosed and locked pen or structure suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure for a dangerous animal shall have secure sides and top and shall also provide protection from the elements for the animal. The structure shall be such that the animal cannot burrow or dig under the sides of the enclosure.
2.
Dangerous animals, when outside the proper enclosure, must be under immediate control of a responsible adult by means of a restraint device and muzzled. The muzzle shall be made in such a manner that it will not cause injury to the animal or interfere with its vision or respiration, but shall prevent it from biting any person or animal.
3.
The Director of Animal Control or his or her authorized agents may take into immediate possession any dangerous animal if the officer determines that the animal is:
a.
Not maintained in a proper enclosure;
b.
Outside of the dwelling of the owner, or outside of a proper enclosure and not under physical restraint of the person; or
c.
If there are any further violations of any legal restrictions previously placed on such animal by the Davis County Animal Control Department as provided in this Title.
15-4-7 - Failure to Properly Confine Potentially Dangerous or Dangerous Animals.#
Any owner of any potentially dangerous or dangerous animal who allows it to go at large or who fails to hold the same in the manner specified for such animal by the Animal Control Department is guilty of a misdemeanor.
15-4-8 - Animals at Large Prohibited.#
1.
It is unlawful for any animal to be "at large" as defined in this Title.
2.
Violation of this animal "at large" prohibition shall constitute a Class C misdemeanor, except livestock "at large," which shall constitute an Infraction.
15-4-9 - Allowing Domestic Fowls to Trespass Prohibited.#
It is unlawful for the owner of any domestic fowls such as turkeys, ducks, geese, chickens, peacocks or any other variety of fowl to permit such fowls to trespass or go upon the premises of another or to run at large on any public property or roadway. Fowls kept and maintained by Kaysville City within the confines of public parks or aviaries are exempt, except that they shall not be allowed on public roadways.
15-4-10 - Staking Animals Improperly on Unenclosed Premises.#
It is unlawful for any person to chain, stake out or tether any animal 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, or the person with whom the owner shares joint tenancy. No animals are to be staked along public roadways or easements.
(Ord. 21-07-03, 7/15/2021)
15-4-11 - Dog Waste.#
The owner or custodian of a dog shall be responsible for the immediate removal of any excreta deposited by his or her dog anywhere in the City except on the dog owner's or custodian's property. It shall be unlawful for the owner or custodian to fail to so remove the excreta.