ARTICLE XXIII. - OFFENSES REGARDING ANIMALS
Part of the Code of Ordinances of Minersville, UT.
The text
Footnotes:
--- (11) --- State Law reference— Cruelty to animals, U.C.A. 1953, § 76-9-301 et seq.
Sec. 14-732. - Cruelty to animals.#
(a)
The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:
Abandon (1)
The term "abandon" means to intentionally deposit, leave, or drop off any live animal:
a.
Without providing for the care of that animal, in accordance with accepted animal husbandry practices or customary farming practices; or
b.
In a situation where conditions present an immediate, direct, and serious threat to the life, safety, or health of the animal.
(2)
The term "abandon" does not include returning wildlife to its natural habitat.
Animal. (1)
The term "animal" means, except as provided in subsection (2) of this definition, a live, nonhuman vertebrate creature.
(2)
The term "animal " does not include:
a.
A live, nonhuman vertebrate creature, if:
1.
The conduct toward the creature, and the care provided to the creature, is in accordance with accepted animal husbandry practices; and
2.
The creature is:
(i)
Owned or kept by a zoological park that is accredited by, or a member of, the American Zoo and Aquarium Association;
(ii)
Kept, owned, or used for the purpose of training hunting dogs or raptors; or
(iii)
Temporarily in the state as part of a circus or traveling exhibitor licensed by the United States Department of Agriculture under 7 USC 2133;
b.
A live, nonhuman vertebrate creature that is owned, kept, or used for rodeo purposes, if the conduct toward the creature, and the care provided to the creature, is in accordance with accepted rodeo practices;
c.
Livestock, if the conduct toward the creature, and the care provided to the creature, is in accordance with accepted animal husbandry practices or customary farming practices; or
d.
Wildlife, as defined in U.C.A. 1953, § 23-13-2, including protected and unprotected wildlife, if the conduct toward the wildlife is in accordance with lawful hunting, fishing, or trapping practices or other lawful practices.
Companion animal means an animal that is a domestic dog or a domestic cat.
Custody means ownership, possession, or control over an animal.
Legal privilege means an act that: (1)
Is authorized by state law, including division of wildlife resources rules; and
(2)
Is not in violation of a local ordinance.
Livestock means: (1)
Domesticated:
a.
Cattle;
b.
Sheep;
c.
Goats;
d.
Turkeys;
e.
Swine;
f.
Equines;
g.
Camelidae;
h.
Ratites; or
i.
Bison;
(2)
Domesticated elk, as defined in U.C.A. 1953, § 4-39-102;
(3)
A livestock guardian dog, as defined in U.C.A. 1953, § 76-6-111; or
(4)
Any domesticated nonhuman vertebrate creature, domestic furbearer, or domestic poultry, raised, kept, or used for agricultural purposes.
Necessary food, water, care, or shelter means the following, taking into account the species, age, and physical condition of the animal: (1)
Appropriate and essential food and water;
(2)
Adequate protection, including appropriate shelter, against extreme weather conditions; and
(3)
Other essential care.
Torture means intentionally or knowingly causing or inflicting extreme physical pain to an animal in an especially heinous, atrocious, cruel, or exceptionally depraved manner.
(b)
Except as provided in U.C.A. 1953, § 76-9-301(4) or (6), a person is guilty of cruelty to an animal if the person, without legal privilege to do so, intentionally, knowingly, recklessly, or with criminal negligence:
(1)
Fails to provide necessary food, water, care, or shelter for an animal in the person's custody;
(2)
Abandons an animal in the person's custody;
(3)
Injures an animal;
(4)
Causes any animal, not including a dog or game fowl, to fight with another animal of like kind for amusement or gain; or
(5)
Causes any animal, including a dog or game fowl, to fight with a different kind of animal or creature for amusement or gain.
(c)
Except as provided in U.C.A. 1953, § 76-9-301.7, a violation of subsection (b) of this section is:
(1)
A Class B misdemeanor if committed intentionally or knowingly; and
(2)
A Class C misdemeanor if committed recklessly or with criminal negligence.
(d)
It is a defense to prosecution under this section that the conduct of the actor towards the animal was:
(1)
By a licensed veterinarian using accepted veterinary practice;
(2)
Directly related to bona fide experimentation for scientific research, provided that if the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless directly necessary to the veterinary purpose or scientific research involved;
(3)
Permitted under U.C.A. 1953, § 18-1-3;
(4)
By a person who humanely destroys any animal found suffering past recovery for any useful purpose; or
(5)
By a person who humanely destroys any apparently abandoned animal found on the person's property.
(e)
For purposes of subsection (d)(4) of this section, before destroying the suffering animal, the person who is not the owner of the animal shall obtain:
(1)
The judgment of a veterinarian of the animal's nonrecoverable condition;
(2)
The judgment of two other persons called by the person to view the unrecoverable condition of the animal in the person's presence;
(3)
The consent from the owner of the animal to the destruction of the animal; or
(4)
A reasonable conclusion that the animal's suffering is beyond recovery, through the person's own observation, if the person is in a location or circumstance where the person is unable to contact another person.
(f)
This section does not affect or prohibit:
(1)
The training, instruction, and grooming of animals, if the methods used are in accordance with Accepted animal husbandry practices or customary farming practices;
(2)
The use of an electronic locating or training collar by the owner of an animal for the purpose of lawful animal training, lawful hunting practices, or protecting against loss of that animal; or
(3)
The lawful hunting of, fishing for, or trapping of, wildlife.
(g)
County and municipal governments may not prohibit the use of an electronic locating or training collar.
(Code 1981, § 13-931)
State Law reference— Similar provisions, U.C.A. 1953, § 76-9-301(1)—(3), (7)—(10).
Sec. 14-733. - Spectator at organized animal fight.#
(a)
It is unlawful for any person to knowingly be present as a spectator at any place, building, or tenement where preparations are being made for an exhibition of the fighting of animals, as prohibited by U.C.A. 1953, § 76-9-301(2)(d) and (e), or to be present at such exhibition, regardless of whether any entrance fee has been charged.
(b)
A violation of this section is a Class B misdemeanor.
(Code 1981, § 13-931.5)
State Law reference— Similar provisions, U.C.A. 1953, § 76-9-301.5.
Sec. 14-734. - Allowing vicious animal to go at large.#
Any owner of a vicious animal, knowing its propensities, who willfully allows it to go at large or who keeps it without ordinary care, and any animal, while at large or while not kept with ordinary care, causes injury to another animal or to any human being who has taken reasonable precaution which the circumstances permitted is guilty of a Class B misdemeanor.
(Code 1981, § 13-934)
State Law reference— Similar provisions, U.C.A. 1953, § 76-9-304.
Sec. 14-735. - Officers' authority to take possession of animals; lien for care.#
(a)
Any law enforcement officer may take possession of any animals being treated cruelly and, after reasonable efforts to notify the owner, may provide shelter and care for them or upon permission from the owner may destroy them.
(b)
Officers caring for animals pursuant to this section have a lien for the reasonable value of the care and/or destruction. Any court upon proof that the owner has been notified of the lien and amount due, at least five days prior, shall order the animal sold at public auction or destroyed.
(c)
Any law enforcement officer may humanely destroy any animal found suffering past recovery for any useful purpose. Before destroying the animal the officer shall obtain the judgment to the effect of a veterinarian, or of two reputable citizens called by him to view the animal in his presence, or shall obtain consent to the destruction from the owner of the animal.
(Code 1981, § 13-935)
State Law reference— Similar provisions, U.C.A. 1953, § 76-9-305.