The text
15-5-1 - Impoundment Authorized.#
1.
The Animal Control Department shall place all animals which are taken into custody in a designated animal impound facility.
2.
The following animals may be taken into custody and impounded as deemed necessary:
a.
Any animal being kept or maintained contrary to the provisions of this Title;
b.
Any animal running at large, with any reasonable means used to immobilize or capture such animal;
c.
Any animal which is by this Title required to be licensed and is not licensed; an animal not wearing a tag shall be presumed to be unlicensed for the purposes of this Section;
d.
Sick or injured animals whose owner cannot be immediately located or whose owner requests impoundment and agrees to pay a reasonable fee for the services rendered;
e.
Any abandoned, neglected animal, whose safety may be threatened should the animal not be readily placed into protective custody;
f.
Animals which are not vaccinated for rabies in accordance with the requirements of this Title;
g.
Any animal held for quarantine;
h.
Any potentially dangerous or dangerous animal not properly confined as required by KCC 15-4-5 and KCC 15-4-6;
i.
Any animal in the custody of any person or persons who are arrested or otherwise detained by any police officer, in the event that the owner or another responsible party who will take custody of the animal cannot be located by the person or persons arrested or detained;
j.
Any estray as defined in this Title or by State law.
15-5-2 - Impoundment Record Keeping Requirements.#
The impounding facility shall keep a record of each animal impounded, which includes the following information: 1.
Complete description of the animal, including any tag numbers;
2.
The manner and date of impound;
3.
The location of the pickup and identification number of the impounding officer:
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 the animal;
7.
All fees received;
8.
All expenses accruing during impoundment.
15-5-3 - Redemption Requirements.#
1.
The owner of any impounded animal or his or her authorized representative may redeem such animal before disposition, provided he or she pays:
a.
Impound fees;
b.
Daily board charges;
c.
Veterinary costs incurred during the impound period;
d.
License fee, if applicable;
e.
Transportation fee if transportation of an impounded animal by specialized equipment is required. "Specialized equipment" is that equipment, other than the usual patrol and operation vehicles of animal control, which is designed for specific purposes such as, but not limited to, livestock trailers and carcass trailers. This fee shall be determined by the Davis County commission at a level which approximates the cost of utilizing the specialized equipment in the particular situation;
f.
Any other expenses incurred to impound an animal in accordance with state or local laws, including any reasonable restitution for property damage created by the animal, or that occurs as a result of the impoundment.
2.
The Davis County Commission, at the recommendation of the Animal Control Director shall from time to time set impound fees and daily board charges for the impounding of animals. Such fees shall take into account the type of animal impounded.
15-5-4 - Impoundment and Disposal.#
1.
Animals shall be impounded for a minimum of three (3) business days before further disposition unless the animal is wearing a license tag or other identification, in which case it shall be held a minimum of five (5) business days. 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 thereof for destruction or other disposition need not be kept for the minimum holding period before release or other disposition as herein provided.
2.
All animals, except those quarantined or confined by court order, or those subject to Section 4-25-4, Utah Code, which are held longer than the minimum impound period, and all animals voluntarily relinquished to the impound facility, may be destroyed or disposed of as the Animal Control Director shall direct. Any healthy dog or cat may be sold in compliance with the Davis County Animal Control adoption policy after payment of all applicable fees. Other small animals, not included as livestock may also be sold as determined by the director.
3.
Any animal impounded and having or suspected of having a serious physical injury or contagious disease requiring medical attention may, at the discretion of the Animal Control Director, be released to the care of a veterinarian with or without the consent of the owner.
4.
When, in the judgment of the Animal Control Director, it is determined that an animal should be destroyed without delay for humane reasons or to protect the public from imminent danger to persons or property, such animal may be destroyed without regard to any time limitation otherwise established in this Title, except as provided in KCC 15-6, and without court order.
5.
The Animal Control Director or any of his or her agents may destroy an animal upon request of the owner without transporting the animal to County facilities. An appropriate fee shall be charged the owner for the destruction and any subsequent disposal of the carcass done by the Animal Control Department.
6.
In the event that an impounded animal is to be sold at an administrative auction, notice of the sale shall be given in a newspaper of general publication once at least ten (10) calendar days prior to the sale.
15-5-5 - Vicious Animal Abatement and Disposal.#
1.
If the Animal Control Director or any authorized agent of the Animal Control Director determines, as the result of a witnessed incident, that an animal is either dangerous or potentially dangerous, and finds that the animal is in violation of any restrictions the department deems or has deemed necessary and reasonable for the safety of persons and/or animals, the department may declare the animal to be a vicious animal.
2.
The department is authorized to immediately take possession of the vicious animal and place it in an appropriate and approved quarantine facility.
3.
After placing the vicious animal in an appropriate and approved quarantine facility, the Animal Control Director shall attempt to obtain the written consent of the owner of the vicious animal to euthanize the animal in a humane manner. If the animal owner's consent cannot be readily obtained or the owner refuses to consent to the proposed euthanization, the Animal Control Director shall seek an ex parte order authorizing continued impoundment from a court of competent jurisdiction and an order determining that the animal is vicious as defined by this Title and authorizing the euthanization of the animal in a humane manner.
4.
If the court determines that the animal is a vicious animal, the owner shall pay all costs and fees for the impoundment, maintenance and costs incurred as the result of the impoundment and euthanization.
15-5-6 - Animal Shelter - Sterilization of Animals.#
1.
For the purposes of this Section, the following definitions shall apply:
Proof of Sterilization - A written document signed by a veterinarian licensed under Title 58, Chapter 28, Utah Code, Veterinary Practice Act stating: i.
A specified animal has been sterilized;
ii.
The date on which the sterilization was performed; and
iii.
The location where the sterilization was performed.
Recipient - The person to whom an animal shelter transfers an animal for adoption.
Sterilization Deposit - The portion of a fee charged by an animal shelter to a recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in accordance with an agreement between the recipient or the claimant and the animal shelter.
Sterilized - Means that an animal has been surgically altered, either by the spaying of a female animal or by the neutering of a male animal, so it is unable to reproduce.
Transfer - Means that an animal shelter sells, gives away, places for adoption, or transfers an animal to a recipient.
2.
a.
An animal shelter may not transfer an animal that has not been sterilized, except as provided in this Section.
b.
An animal shelter may transfer an animal for adoption that has not been sterilized only if the animal shelter:
i.
Establishes a written agreement, executed by the recipient, stating the animal is not sterilized and the recipient agrees in writing to be responsible for ensuring the animal is sterilized:
(1)
Within thirty (30) days after the agreement is signed, if the animal is six (6) months of age or older; or
(2)
If the animal is younger than six (6) months of age, within thirty (30) days after the animal becomes six (6) months of age; and
ii.
Receives from the recipient a sterilization deposit as provided under this Section the terms of which are part of the written agreement executed by the recipient under this Section.
3.
a.
A sterilization deposit may be:
i.
A portion of the adoption fee or purchase price of the pet, which will enable the adopter to take the pet for sterilization to a veterinarian with whom the animal shelter has an agreement that the veterinarian will bill the animal shelter directly for the sterilization;
ii.
A deposit that is:
(1)
Refundable to the recipient if proof of sterilization of the animal within the appropriate time limits under this Section is presented to the animal shelter not more than three (3) months after the date the animal is sterilized; and
(2)
Forfeited to the animal shelter if proof of sterilization is not presented to the animal shelter in compliance with Subsection (3)(a)(ii)(1) of this Section; or
iii.
A deposit under this Section required for an owner to claim an unsterilized animal impounded at the animal shelter.
b.
Sterilization deposits under Subsection (3)(a) of this Section shall reflect the average reduced cost of a sterilization of an animal, based on the gender and weight of the animal, that is reasonably available in the area where the animal shelter is located but the deposit may not be less than twenty-five dollars ($25.00).
c.
If a female dog or cat and her litter are transferred to one (1) person, a sterilization deposit is required only for the female dog or cat.
d.
All sterilization deposits forfeited or unclaimed under this Section shall be retained by the animal shelter and shall be used by the animal shelter only for:
i.
A program to sterilize animals, which may include a sliding scale fee program;
ii.
A public education program to reduce and prevent overpopulation of animals and the related costs to local governments;
iii.
A follow-up program to assure that animals transferred by the animal shelter are sterilized in accordance with the agreement executed under this Section; and
iv.
Any additional costs incurred by the animal shelter in the administration of the requirements of this Section.
4.
If a recipient fails to comply with the sterilization agreement under this Section:
a.
The failure is ground for seizure and impoundment of the animal by the animal shelter from whom the recipient obtained the animal;
b.
The recipient relinquishes all ownership rights regarding the animal and any claim to expenses incurred in maintenance and care of the animal; and
c.
The recipient forfeits the sterilization deposit.
5.
a.
Upon the second impound within a twelve (12) month period and upon any subsequent impound of an animal that is claimed by its owner, an animal shelter may release the impounded animal to its owner only upon payment of all impound fees required by the shelter and:
i.
Receipt of proof the animal has been sterilized; or
ii.
A sterilization deposit.
b.
The sterilization deposit shall be refunded to the owner only if the owner provides proof of sterilization to the animal shelter within thirty (30) days of release of the animal to the owner.
6.
a.
i. ;hg;A person who knowingly commits any of the violations in Subsection (6)(b) of this Section is subject to a civil penalty of not less than two hundred fifty dollars ($250.00) on a first violation of said subsection, and a civil penalty of not less than five hundred dollars ($500.00) on any second or subsequent violation of said subsection.
ii.
The administrator of the animal shelter imposes the civil penalties under this Section.
b.
A person is subject to the civil penalties under Subsection (6)(a) of this Section who:
i.
Falsifies any proof of sterilization submitted for the purpose of compliance with this Section;
ii.
Provides to an animal shelter or a licensed veterinarian inaccurate information regarding ownership of any animal required to be submitted for sterilization under this Section;
iii.
Submits to an animal shelter false information regarding sterilization fees or fee schedules; or
iv.
Issues a check for insufficient funds for any sterilization deposit required of the person under this Chapter.
c.
A person who contests a civil penalty imposed against him or her under this Section is entitled to an administrative hearing that provides for the person's rights of due process.
d.
All penalties collected under this Section shall be retained by the animal shelter imposing the penalties, to be used solely for the purposes under this Section.