TITLE 5 - POLICE REGULATIONS

Part of the City Code of Riverdale, UT.

Local law · Updated June 10, 2026 · 1,041 sections

The text

CHAPTER 1 - POLICE DEPARTMENT#

5-1-1: - POLICE CHIEF:#

Appointment; Duties: With the advice and consent of the city council, the mayor may appoint a police chief, who shall perform the duties required of him by law and the ordinances of the city, and such other duties as the city may by resolution require.

Powers: The police chief shall possess the same powers, be subject to the same liabilities, and exercise the same privileges as are possessed by and imposed by law upon constables, and may execute such legal orders as may be required of him. He shall attend all meetings of the city council when requested. He shall preserve the peace and good order of the city; quell all riots; arrest and bring all disorderly persons before the justice court judge; and see that all orders and judgments of said court are carried into effect; and shall take such measures as shall secure the peace and good order of all public meetings and of the city generally.

(Ord. 811, 7-17-2012)

5-1-2: - APPOINTMENT OF OTHER OFFICERS:#

As authorized by the city council, the police chief may appoint such other officers as may be necessary for the order and well being of the city; define their duties, fix their term and compensation, remove them from office at will and require them to take and subscribe an oath and give bond as they shall provide by resolution or ordinance.

(Ord. 811, 7-17-2012)

ARTICLE A. - DISPOSITION OF PROPERTY RECEIVED#

5-1A-1: - SAFEKEEPING PENDING DISPOSITION; RECORDS:#

When personal property comes into the possession of a police officer either in execution of a search warrant, or pursuant to an arrest of a person with or without warrant, or is received or taken by him as evidence in connection with any public offense, he shall hold it in safe custody until it is received into evidence or, if it is not used as evidence, until it can be disposed of as provided in this article. While in the custody of such peace officer, a proper record shall be maintained reflecting the ownership of the property, if known, and the case or cases for which it was taken or received and is being held.

(Ord. 811, 7-17-2012)

5-1A-2: - PROPERTY NOT NEEDED AS EVIDENCE; RETURN:#

Property so obtained which is not needed as evidence shall be returned to the owner if he may lawfully possess it. When the police officer or the police department becomes aware that the property is not needed, the prosecuting attorney shall be so advised, giving a description and details of ownership. When the prosecuting attorney, by such notice or otherwise, becomes aware that the property is not needed, the evidence custodian shall give written notice to the owner. Upon proof of ownership and of lawfulness of possession satisfactory to the prosecuting attorney, the prosecuting attorney shall give the owner written authorization which shall entitle the owner to receive the property from the person having custody of it. When property so obtained is received in evidence, it shall be retained by the clerk of the court last receiving it or shall be returned by him to the custody of the peace officer until all direct appeals and retrials are final, at which time the property shall be returned in accordance with this section. In the event that the prosecuting attorney considers it necessary to retain control over the evidence, in anticipation of possible collateral attacks upon the judgment or of use in some potential prosecution, he may decline to authorize return.

(Ord. 811, 7-17-2012)

5-1A-3: - RECEIPT FROM OWNER OF RETURNED PROPERTY:#

Whenever property is returned to the owner, a receipt shall be taken from him listing in detail the property returned. The receipt shall be retained as a permanent record in the files of the police department or the court where the case is finally resolved.

(Ord. 811, 7-17-2012)

5-1A-4: - UNCLAIMED PROPERTY; SALE OR OTHER DISPOSITION:#

All "unclaimed property", as defined by state statute, shall be disposed of as directed by Utah Code Annotated sections 77-24-4 and 77-24a-5, as amended.

In the event the city council shall, by resolution, designate public interest use of unclaimed property and approve its donation to charity, then such donation shall be made by the police chief or by the city administrator, after consultation with the mayor.

(Ord. 811, 7-17-2012)

5-1A-5: - SEIZED PROPERTY; DUPLICATE RECEIPTS:#

When money or other property is seized with or without a warrant, the police officer seizing it shall at the time deliver a receipt to the person from whom it is taken and file a duplicate in the office of the agency employing the officer. If the custody of the property is transferred to another police agency or the property is placed in evidence, a copy of the receipt shall accompany it until disposition of the property is made in accordance with the provisions of this article.

(Ord. 811, 7-17-2012)

CHAPTER 2 - OFFENSES#

5-2-1: - CRIMINAL CODE ADOPTED BY REFERENCE:#

Except insofar as the application thereof is clearly impractical or inappropriate, in view of the context of purposes or penalty as provided, all of the definitions, requirements, regulations, prohibitions, provisions and sections of the Utah Criminal Code (title 76), and Utah Controlled Substances Act (title 58, chapter 37), as amended, are hereby adopted by the city. Any and all violations thereof shall be considered violations of this chapter and each such violation shall subject the violator thereof to penalty provisions under this chapter if proceeded hereunder.

(2001 Code)

5-2-2: - GREENWAY TRAIL SYSTEM REGULATIONS:#

Purpose: The purpose of this section is to provide rules and regulations for the use of and conduct on Riverdale City greenway trails.

Applicability: This section shall apply to all Riverdale City greenway trails and surrounding areas.

Construction: In the interpretation of this and all succeeding trail ordinances, the provisions shall be construed as follows:

Any term in the singular shall include the plural.

Any term in the masculine shall include the feminine and neuter.

Any requirement or prohibition of any act shall respectively extend to and include the causing and procuring, directly or indirectly, of such act.

No provision hereof shall make unlawful any act necessarily performed by an officer or employee of the city in the line of duty or work as such, or by a person, his agent or employees, in the proper and necessary execution of the terms of any agreement with the city.

Any act otherwise prohibited by law or local ordinance shall be lawful if performed, under, by virtue of, and strictly within the provisions of a permit so to do, and of the extent authorized thereby.

Definitions:

ANIMAL: Includes cats, dogs, goats, pigs or any other living creatures not of the human family.

HORSE: Any horse or horse-drawn conveyance; mule, donkey or other like animal.

NONMOTORIZED VEHICLE: Any human muscular powered bicycle, tricycle, wheelchair (or low speed battery powered wheelchair), or cross country skis, in-line skates (roller blades), roller skates, or baby carriages for children under three (3) years of age.

PEDESTRIAN: A person afoot.

PERMIT: Any written license issued by or under the authority of Riverdale City permitting a special event of activity on Riverdale City greenway trails/paths.

PERSON: Any natural person, corporation, company, association, partnership or firm.

TRAIL/PATH: Any trail or foot path, walk or any path maintained for pedestrians in the jurisdiction of Riverdale City.

Permitted Uses: Riverdale City greenway trail/paths are for use by pedestrians and nonmotorized vehicles only. Excepted from this provision are authorized emergency vehicles, authorized public works and utility vehicles, and such vehicle traffic as may be allowed by written permit issued by the city. All other uses of or on the trails/paths are strictly prohibited.

Rules of Conduct: It shall be unlawful for any person on or near the Riverdale City greenway trails/paths to:

Utilize the trails/paths in any manner other than as permitted in this subsection.

No horses or other animals, except dogs and cats, shall be allowed on the trails/paths.

Cats or dogs on the trails/paths shall be on a leash.

Mark, deface, disfigure, injure, tamper with or in any way damage or cause damage to the trail/pathway or its surrounding area.

Bring any glass container onto the trail/pathway.

Cause or permit to run loose any animal.

Ride a bicycle or tricycle without regard to the safety of others.

Place signs of any kind except trail guide signs, on or along the trail/path.

Hold a parade on the trail/path.

10.

Act in any unlawful manner as set forth in the laws of the state or the ordinance of the city.

Closing Hours: The trail/path shall be closed from one-half (1/2) hour after sundown to one-half (1/2) hour before sunrise daily.

Permits for Special Events: Permits for special events may be issued by the city council.

Enforcement: The police department, other state law enforcement agencies, the public works department, recreation department, community development director and city administrator shall have enforcement powers with regard to this section, and each shall diligently enforce the provisions of this section.

Penalty: Any person, firm or corporation violating any provision of this section shall be guilty of a class B misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.

(1985 Code § 13-8-4.21; amd. 2001 Code; Ord. 622, 7-15-2003; Ord. 854, 5-6-2014)

5-2-3: - FIREARMS AND WEAPONS:#

Discharge Prohibited: It shall be unlawful for any person to discharge a firearm or bow and arrow within this city, except in self-defense or in the case of any peace officer in the discharge of his duties, or any authorized official of the city for rodent control that has been approved by the city, at authorized ranges or as part of a city approved, sponsored and supervised archery class.

Concealed Weapons:

License Required: The police chief, upon proof that the person applying is of good character, and upon showing that good cause exists for the issuance, may issue to such person a license to carry a concealed weapon for a period of one year from the issuance date of the license.

Application: The application for license must be in substantially the following form:

State of Utah

County of _________ Name of municipality ______

Name ____

Address _____

Present occupation ______ Name of employer _____

Age _____ Height _____ Weight _____

Color of eyes _____ Color of hair _____

Have you ever been convicted of any felony? Yes ___ No ___

If the answer to the above question is yes, state where and when and what the charge was _______.

Are you addicted to any narcotics or other habit-forming drugs? Yes ___ No ___

Have you ever been declared mentally incompetent? Yes ___ No ___

If the answer to the above question is yes, state where and when _____

Reason or reasons for issuance of license

Dated this _____ day of ___________, ___.

Subscribed and sworn to this _____ day of ___________, ____.

Notary Public _________

Residing in ______ County

My commission expires: ______.

Fee for License: Each applicant for a license shall pay a fee of twenty dollars ($20.00) at the time of filing the application. The officer receiving the application shall also receive the twenty-dollar ($20.00) fee and shall transmit one-half (1/2) of the fee, together with the fingerprints of the individual, to the state bureau of criminal identification. The remaining one-half (1/2) of the fee shall be transmitted to the city treasurer.

Records; Copies Transmitted to Bureau: When any license is issued, a record shall be maintained in the office of the city recorder which shall be open to public inspection. Copies of each license issued shall be filed immediately by the police chief with the state bureau of criminal identification.

(1985 Code §§ 13-10-5.14,13-10-5.16; amd. 2001 Code; Ord. 815, 9-25-2012; Ord. 872, 11-17-2015)

5-2-4: - HUNTING ILLEGAL:#

Hunt Defined: For the purposes of this section, "hunt" means to use a firearm or other weapon, including bow and arrows, to pursue, harass, capture or take any game or to carry a firearm or other weapon, including bow and arrows, in an attempt to pursue, harass, capture or take any game.

Unlawful to Hunt: It is unlawful for any person to hunt within the city limits.

Penalty: Hunting is a class B misdemeanor, punishable as is provided in section1-4-1 of this code.

(1985 Code § 13-10-11)

CHAPTER 3 - CURFEW FOR MINORS#

5-3-1: - CURFEW SPECIFIED:#

It shall be unlawful for any person under the age of sixteen (16) years, during such child's school year, to be or to remain in or upon any of the streets, alleys, public places or vacant lots within the corporate limits of the city on any night, except Friday night or Saturday night, between the hours of ten o'clock (10:00) P.M. and six o'clock (6:00) A.M., or to be upon said streets, alleys, public places or lots on any Friday night or Saturday night between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) A.M., unless such person is accompanied by a parent, guardian or other such person having legal custody of such minor person.

It shall be unlawful for any person under the age of sixteen (16) years, during the period of the year such child is not in school, to be or remain in or upon any of the streets, public places or vacant lots within the corporate limits of the city on any night, except Friday night and Saturday night, between the hours of eleven o'clock (11:00) P.M. and six o'clock (6:00) A.M., or to be upon said streets, alleys, public places or lots on any Friday night or Saturday night between the hours of twelve o'clock (12:00) midnight and six o'clock (6:00) A.M., unless such person is accompanied by a parent, guardian or other person having legal custody of such minor person.

(1985 Code §§ 13-14-1, 13-14-2)

5-3-2: - EXCEPTION:#

The provisions of this chapter shall not apply to any such minor person who is employed or for whom lawful business makes it necessary to be upon such streets, alleys, public places or lots during said hours if such minor person has upon his person a written permit from the police chief to be upon said streets, alleys, public places or lots during said hours.

(Ord. 815, 9-25-2012)

5-3-3: - PENALTY:#

Any person violating any of the provisions of this chapter shall be guilty of a class B misdemeanor and upon conviction, such person shall be punished as is provided in section 1-4-1 of this code.

(1985 Code § 13-14-4)

CHAPTER 4 - ANIMAL CONTROL#

5-4-1: - DEFINITIONS:#

For the purposes of this chapter, the following words and phrases shall have these meanings respectively ascribed to them:

ABATEMENT: The relocation or euthanization of an animal deemed to be a "nuisance" as defined in section5-4-9 of this chapter.

ANIMAL: One of the lower animals as distinguished from man, including, but not limited to, dogs and cats, livestock, and all other subhuman creatures both domestic and wild, male and female, singular and plural.

ANIMAL AT LARGE: Any animal, whether or not licensed, shall be considered to be "at large" when: A.

It is off the owner's property and not under restraint by means of a durable restraint device, capable of keeping the animal restrained, or is not confined within a vehicle, or appropriate transport device, or

On the property of the owner and not securely confined by a leash, building, fenced area, or appropriate transport device.

ANIMAL BOARDING ESTABLISHMENT: Any establishment that takes in animals for boarding for profit.

ANIMAL GROOMING PARLOR: Any establishment maintained for the purpose of offering cosmetological 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 Utah Code Annotated section 76-9-302, and used for the care and custody of seized, stray, homeless, quarantined, abandoned or unwanted dogs, cats or other small domestic animals.

BITE: An actual puncture, tear or abrasion of the skin inflicted by the teeth of an animal.

CAT: Any age feline of the domesticated types.

CATTERY: An establishment for boarding, breeding, buying, grooming or selling cats for profit.

DANGEROUS ANIMAL: Any animal which is dangerously aggressive, including, but not limited to, any animal which has bitten or in any other manner attacked any person or animal with or without provocation on public or private property.

DOG: Any Canis familiaris over four (4) months of age. Any Canis familiaris under four (4) months of age is a puppy.

DOMESTICATED ANIMALS: Animals accustomed to living in or about the habitation of man, including, but not limited to, cats, dogs, and fowl.

ESTRAY: Any livestock found running at large, whose owner cannot be found after a reasonable search.

EXOTIC PET/ANIMAL: Any animal which does not fall within the definition of the domesticated or livestock types, including, but not limited to, ferrets, minipigs, pygmy goats, snakes, and reptiles.

FERAL: Any cat, dog or other animal having escaped from domestication and become wild, and/or any animal not domesticated or socially cultivated.

FREE ROAMING: Any dog, cat or other animal allowed to run at large upon any public street or other public place, or upon any private property or premises other than those of the owner or other person in control of said animal.

GOVERNMENT WORKING ANIMAL: An animal trained to assist officials of government agencies in law enforcement and/or public safety exercises.

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 under absolute control while working, so it cannot come into contact with the public.

GUIDE DOG: A dog trained and certified by a nationally recognized training establishment to assist physically handicapped persons. Examples include, but are not limited to: "hearing impaired", "mobility limited", and "seeing eye" dogs.

HOLDING FACILITY: Any pet shop, kennel, cattery, groomery, riding school, stable, animal shelter, veterinary hospital, humane establishment, or any other such facility used for holding animals.

KENNEL: A commercial establishment existing for the purpose of boarding, breeding, buying, grooming, letting for hire, training for fee, or selling, except where such establishment shall be licensed as having sportsman's privileges.

LIVESTOCK: Any normally domesticated animal that is not a cat or dog, such as: cattle, sheep, goats, mules, burros, swine, horses, geese, ducks, turkeys, etc.

PET: An 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.

POTENTIALLY DANGEROUS ANIMAL: Any animal that, with or without provocation chases or approaches a person upon the streets, sidewalks, or any public grounds in a threatening or menacing fashion, or apparent attitude of attack, or any animal with a known propensity, tendency or disposition to attack with or without provocation. In addition, a potentially dangerous animal is any animal that, because of witnessed and documented action, is believed capable of causing injury, or otherwise posing a threat to the safety of humans or domesticated animals or livestock.

QUARANTINE: The isolation of an animal in a substantial enclosure so that the animal is not subject to contact or able to have contact with other animals or unauthorized persons, but maintained so as not to cause harm to the animal.

RESTRAINT DEVICE: Any chain, leash, cord, rope or other device commonly used to restrain an animal.

RIDING SCHOOL OR STABLE: An establishment which offers boarding and/or riding instruction for any horse, pony, donkey, mule or burro, or which offers such animals for hire.

STRAY: Any "animal at large", as defined in this section.

WILD ANIMAL: Any animal which is not commonly domesticated, or which is of a wild or predatory nature, or any animal which, because of its size, growth propensity, vicious nature or other characteristics, would constitute an unreasonable danger to human life, health, or property if not kept, maintained or confined in a safe and secure manner.

(Ord. 750, 1-5-2010; amd. Ord. 773, 10-19-2010)

5-4-2: - ANIMAL CONTROL SERVICE:#

Created: There is hereby created in the city an animal control service for the purpose of ensuring public health and safety, and resolving animal related disputes in Riverdale City.

Administrator of Animal Control; Officers: The animal control shall be administered by the police chief. The city administration may, from time to time, appoint such other officers as they shall deem necessary. Each shall take the oath of office and be vested with the power and authority to enforce this chapter.

Powers and Duties:

The police chief, 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 chapter, including licensable animals for which no license has been procured in accordance with this chapter, or any unlicensed or licensed animal for any other violation thereof.

In the enforcement of this chapter, any sworn animal control officer, peace officer or the police chief or his or her assistants are authorized to enter onto the open premises of any person to take possession of any animal involved in the violation of this chapter.

The animal control officer designated by the police chief shall:

Enforce this chapter and perform other responsibilities pursuant thereto.

Supervise the municipal animal shelter under his or her jurisdiction.

Keep adequate records of all animals impounded and all monies collected.

See that all animals and animal holding facilities in his or her jurisdiction are licensed and controlled in accordance with this chapter and other applicable regulations.

Establish, in cooperation with the Weber County health department and other interested governmental agencies, adequate measures for rabies immunization and control.

Each animal control officer shall:

Enforce this chapter in all respects pertaining to animal control within the jurisdiction, including the care and impounding of animals and prevention of cruelty to animals.

Carry out all duties prescribed or delegated by the police chief.

(Ord. 619, 6-17-2003; Ord. 815, 9-25-2012)

5-4-3: - ANIMAL SHELTER:#

The city council may provide premises and facilities to be used as an animal shelter for the care, treatment and humane destruction of dogs and other animals required to be kept or destroyed by this chapter or laws of the state. In lieu thereof, the city council may contract with any other municipality or agency, public or private, for the furnishing of such services.

(Ord. 619, 6-17-2003)

5-4-4: - LICENSING AND REGULATIONS:#

License Required:

All dogs must be licensed each year, except as otherwise provided herein, to a person of the age of eighteen (18) years or older.

Any person owning, possessing or harboring any dog shall obtain a license for such animal within thirty (30) days after it reaches the age of four (4) months; if it is over four (4) months, within fifteen (15) days of the date of acquisition of the animal.

Application for License: License applications must be submitted annually to the animal control service, utilizing a standard form which requests name, address and telephone number of the applicant, breed, sex, color and age of the animal and rabies information. The application shall be accompanied by the prescribed license fee and by a current rabies vaccination certificate, as well as proof of spay/neuter. Rabies vaccinations shall be given by a licensed veterinarian.

Fee for License:

License fees shall be in such amounts as established in Section 1-12-4 of this code.

The license shall be effective from the date of purchase through December 31. After February 28, a late fee shall be imposed. Licenses for the following year may be purchased after November 30.

No person or persons at any one residence within the city shall at any one time own, harbor, maintain or license more than two (2) dogs, except as otherwise provided herein.

License Tag:

Upon payment of the license fee, the animal control service shall issue to the owner a certificate and a tag for each animal licensed. The tag shall have stamped thereon 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 tag are constantly worn. Failure to attach the tag as provided shall be a violation of this chapter except that animals which are kept for show purposes are exempt from wearing the collar and tag while being shown.

Tags are not transferable from one animal to another. No refunds shall be made on any license fee for any reason whatsoever. Replacements for lost or destroyed tags shall be issued upon payment of one dollar ($1.00) to the animal control service.

Any person removing or causing to be removed the collar, harness or tag from any licensed animal without the consent of the owner or keeper thereof, except a licensed veterinarian or animal control officer who removes such for medical or proper reasons connected with his or her position, shall be in violation of this chapter.

Exemptions:

The provisions of subsections A and B of this section shall not apply to:

Licensed dogs, whose owners are nonresidents temporarily (up to 30 days) within the city. Licensed dogs whose owners remain within the city longer than thirty (30) days must be licensed locally upon payment of a one dollar ($1.00) fee and proof of current rabies vaccination.

Individual dogs that were issued a kennel license prior to January 1, 2010, for the life of the dogs registered under the kennel permit.

The fee provisions of subsection C of this section shall not apply to:

Seeing eye dogs properly trained to assist blind persons if such dogs are actually being used by blind persons to assist them in moving from place to place.

Hearing dogs properly trained to assist deaf persons if such dogs are actually used by deaf persons to aid them in responding to sounds.

Dogs especially trained to assist officials of government agencies in the performance of their duties and which are owned by such agencies.

Nothing in this subsection shall be construed as to exempt any dog from having a current rabies vaccination.

Revocation of License: If the owner of any dog is found to be in violation of this chapter on three (3) or more different occasions during a twelve (12) month period, the police chief may seek a court order, revoking for a period of one year any license such person may possess and providing for the animal control service to pick up and impound any animal 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 chapter except that the person under the order of revocation shall not be allowed to redeem the animal under any circumstances.

Cat Regulations:

Any person owning, possessing or harboring any cat that is allowed to be free roaming, shall obtain an identification tag or microchip within thirty (30) days of the date of acquisition of the animal. The owner shall attach the identification to the collar or harness of the animal and see that the collar and tag are continuously worn. Free roaming cats without identification will be presumed to be "feral" as defined in this chapter.

Rabies vaccinations are required for all cats more than four (4) months of age. Vaccinations must be given by a veterinarian with an approved rabies serum.

No person owning or otherwise having a cat over six (6) months of age shall cause, permit or allow such cat to be in or upon a public street, road, alley or other public or private place unless such cat is spayed or neutered.

No person or persons at any one residence within the city shall at any one time, own, harbor, or maintain more than three (3) cats.

Exotic Pets: Exotic pet owners shall be held to the same provisions as set forth in this chapter for domesticated animals, and/or livestock. Adequate food, water, shelter and care appropriate to each individual species must be provided at all times. Species subject to rabies must receive rabies vaccinations from a veterinarian with a serum approved for that species of animal. Adequate measures must be taken to prevent escape of any animal that may be considered a threat to public health or safety, to include, but not be limited to, snakes and reptiles. Exotic pets, if allowed to be free roaming at any time, must wear identification, or otherwise be microchipped. These animals are subject to the same fee schedule for impounds, shelter fees, and carcass disposal as set forth in section 1-12-4 of this code.

(Ord. 750, 1-5-2010; Ord. 815, 9-25-2012)

5-4-5: - REGULATORY PERMITS:#

Commercial Permits: It shall be unlawful for any person to operate or maintain a kennel, cattery, pet shop, groomery, riding stable or any similar establishment unless such person first obtains a regulatory permit from the animal control service, in addition to all other required licenses. All applications for permits to operate such establishments shall be submitted, together with the required permit fee, on a printed form provided by the animal control service. The maintenance of such permit is conditional upon continued inspection by the service and its determination that the operation is safe, that the care of the animals is or will be proper, and the facility presents a good appearance in addition to the other requirements of this chapter.

Commercial Kennel: No person shall operate or maintain a dog kennel without first obtaining a business license. All applications for a license to operate or maintain a dog kennel shall be submitted in writing to the department of animal control. Upon the approval of the supervisor of animal control, the application shall then be referred to the building inspector and upon his approval, the city shall issue the business license upon payment of the fee hereinafter provided. It shall be unlawful for any person to conduct, operate or maintain a "kennel", as defined by this chapter, in any area not zoned for such use by the zoning ordinances of the city.

Display of Permit; Change in Ownership; Transferability: A valid permit shall be posted in a conspicuous place in each establishment, and said permit shall be considered as pertinent to the premises and not transferable to another location. The permittee shall notify the animal control service within thirty (30) days of any change in his or her establishment or operation which may affect the status of the permit. In the event of a change in ownership of the establishment, the permittee shall notify the animal control service immediately. Permits shall not be transferable from one owner to another.

Renewal of Permit: Any permit issued pursuant to this section shall automatically expire on December 31 immediately following date of issue. Within two (2) months prior to the expiration of the permit, the permittee shall apply for a renewal of the permit and pay the required fee. Any application made after December 31, except an application for a new establishment opening subsequent to that date, shall be accompanied by a late application fee in addition to the regular permit fee.

Fee for Permit: Permit fees for kennels, catteries, groomeries, pet shops, veterinary clinics or hospitals shall be as established in section 1-12-4 of this code.

Exemptions: Research facilities where bona fide medical or related research is being conducted, humane shelters and other animal establishments operated by state or local government, or which are licensed by federal law, are excluded from the licensing requirements of this section.

Inspections: All establishments required to obtain permits under this chapter, including holders of sportsman's permits, shall be subject to periodic inspections, and the inspector shall make a report of such inspection, with a copy to be filed with animal control.

Suspension or Revocation of Permit:

Grounds: A permit may be suspended or revoked or a permit application rejected on any one or more of the following grounds:

Falsification of facts in a permit application.

Violation of any of the provisions of this chapter, or any other law or regulation governing the establishment, including noise, building and zoning ordinances.

Conviction on a charge of cruelty to animals.

Procedure: If an inspection of kennels, catteries, groomeries, pet shops, riding stables, veterinary clinics or hospitals, or the premises of the holder of a sportsman's permit, reveals a violation of this chapter, 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:

Set forth the specific violation found.

Establish a specific and reasonable period of time for the correction of the violation found.

State that failure to comply with any notice issued in accordance with the provisions of this chapter may result in immediate suspension of the permit.

Notice Requirements: Any permit granted under this section may be suspended or revoked by the city council for violations listed in subsection G1 of this section. A minimum of five (5) days' notice shall be given to the permittee advising him of the date and time for such hearing and listing the cause or causes for such suspension or revocation. No new permit shall be issued to any person whose permit has been previously revoked, except upon application for a new permit, accompanied by the required application fee, and unless and until all requirements of this chapter have been met.

Emergency Suspension: Notwithstanding the other provisions of this chapter, when the inspecting officer finds unsanitary or other conditions in the operation of kennels, catteries, groomeries, veterinary clinics or hospitals, riding stables, pet shops, or any similar establishments, or premises of the holder of a sportsman's permit which, in his or her judgment, constitutes a substantial hazard to public health, he or she 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 therewith. Any animals at such a facility may be confiscated by animal control and impounded or otherwise provided for according to the provisions of this chapter.

Service of Notice: Notice provided for under this subsection shall be deemed to have been properly served when the original of the 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 animal control.

(Ord. 750, 1-5-2010)

5-4-6: - RABIES CONTROL:#

Proclamation of Mayor upon Threat of Rabies: The mayor is hereby authorized, upon reasonable apprehension of danger from dogs or other animals with rabies, to issue a proclamation forbidding all dogs of every description and other animals from running at large in the city. All dogs and other animals shall be securely confined or on a sufficient leash or chain to hold the animal. Any animal running loose while the proclamation is in force shall be captured and impounded. The proclamation shall take effect upon publication in a newspaper of general circulation in the city and posting in at least three (3) public places.

Vaccination Required for Dogs: The owner or person having the charge or control of a dog shall have said animal vaccinated by a licensed veterinarian within thirty (30) days after it reaches four (4) months of age. Unvaccinated dogs acquired by the owner or the owner of which moves into the city must be vaccinated within thirty (30) days. A second vaccination must be obtained twelve (12) months after the first and every twenty-four (24) months thereafter with a modified virus rabies vaccine approved by the Weber County health department. Any person permitting any such animal to habitually be on or remain, or be lodged or fed within such person's house, yard or premises shall be responsible for said vaccination. This provision shall not apply to veterinarian or kennel operators temporarily maintaining on their premises animals owned by others.

Duties of Veterinarian and Tag Requirements:

Certificate: 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:

Owner's name and address.

Description of animal (breed, sex, markings, age, name).

Date of vaccination.

Rabies vaccination tag number.

Type of rabies vaccine administered.

Manufacturer's serial number of vaccine.

Distribution of Certificate; Tag: A copy of the certificate shall be distributed to the owner and the 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 metal or durable plastic rabies vaccination tag, serially numbered, shall be securely attached to the collar or harness of the animal. An animal not wearing such tag shall be deemed to be unvaccinated and may be impounded and dealt with pursuant to this chapter. In lieu of such tag, an approved type of body marking may be utilized to evidence vaccination.

Transient Animal Exception: The provisions of subsection B of this section shall not apply to any dog owned by a person temporarily remaining within the city for less than thirty (30) days. Such dogs shall be kept under strict supervision by the owner. It shall be unlawful to bring any animal into the city which does not comply with the animal health laws and import regulations of the state.

Impoundment of Animal Without Valid Rabies Vaccination Tag:

Any vaccinated animal impounded because of a lack of a rabies vaccination tag may be reclaimed by its owner by furnishing proof of rabies vaccination and payment of all impoundment fees prior to release.

Any unvaccinated animal may be reclaimed prior to disposal by payment of impound fees and by obtaining a rabies vaccination within seventy two (72) hours of release.

Any dog not reclaimed prior to the impound holding period shall be disposed of pursuant to provisions of subsection 5-4-11C of this chapter.

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 animal control service, the Weber County health department or the state division of health.

Quarantining and Disposition of Biting, Bitten or Rabid Animals:

Reporting; Confinement: An animal that has rabies or shows signs of having rabies, and every animal bitten by another animal affected with rabies or that has been exposed to rabies shall be reported by the owner as set forth in subsection E of this section and shall immediately be confined in a secure place by the owner, which place shall not be harmful to the animal. The owner shall turn over the animal to the animal control service upon demand.

Surrender of Animal: The owner of any animal of a species subject to rabies which has been bitten shall surrender the animal to an authorized official upon demand. Any person authorized to enforce this chapter 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.

Quarantine: 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 (10) days by the animal control service and/or the health department. Any person authorized to enforce this chapter 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. The owner of the animal shall bear the cost of confinement. The animal shelter shall be the normal place of quarantine, but other arrangements, including confinement by the owner, may be made by the police chief 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 animal control service if the animal shows 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 (10) days from the date of the bite, the person having custody shall immediately notify the service or immediately remove and deliver the head of the animal to the state health department laboratory to be examined for rabies. If, at the end of the ten (10) day period, the police chief 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 this chapter.

Unvaccinated Bitten Animals:

In the case of an unvaccinated animal of a species subject to rabies which is known to have been bitten by a known rabid animal, said bitten or exposed animal shall be immediately destroyed.

If the owner is unwilling to destroy the bitten or exposed animal, the animal shall be immediately isolated and quarantined for fourteen (14) days under veterinary supervision, the cost of such confinement to be paid in advance by the owner. The animal shall be destroyed if the owner does not comply herewith.

Vaccinated Bitten Animals:

If the bitten or exposed animal has been vaccinated, the animal shall be revaccinated within twenty-four (24) hours and quarantined for a period of thirty (30) days following revaccination at the expense of the owner; or

If the animal is not revaccinated within twenty-four (24) hours, the animal shall be isolated and quarantined under veterinary supervision for six (6) months at the expense of the owner.

The animal shall be destroyed if the owner does not comply with subsections F5a and F5b of this section.

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 animal control service.

Dangerous Animal: If any animal bites or attacks a person or animal two (2) times or more, such animal may be immediately impounded by the animal control service without court order and held at owner expense pending court action. Any such animal shall be deemed a dangerous animal, and the police chief or appointed animal control officer may seek a court order as provided in section 5-4-12 of this chapter for destruction of the animal. Parties owning such animal shall, if possible, be notified immediately of the animal's location by the animal control service.

(Ord. 619, 6-17-2003; Ord. 815, 9-25-2012)

5-4-7: - BITES; DUTY TO REPORT:#

Reporting Required: 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 animal control or to the county health department.

Time Limit: The owner of an animal that bites a person and any person bitten by an animal shall report the bite to animal control or the health department within twenty-four (24) hours of the bite, regardless of whether or not the biting animal is of a species subject to rabies.

Physicians and Other Medical Personnel: A physician or other medical personnel who renders professional treatment to a person bitten by an animal, shall report the fact that he or she has rendered professional treatment to animal control or the county health department within twenty-four (24) hours of his or her first professional attendance. He or she shall report the name, sex and address of the person bitten as well as the type and location of the bite. If known, he or she shall give the name and address of the owner of the animal that inflicted the bite, and any other facts that may assist animal control in ascertaining the immunization status of the animal.

Persons Treating Animals: Any person treating an animal bitten, injured or mauled by another animal shall report the incident to 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 and description of the animal which caused the injury, and the location of the incident.

Violation: Any person not conforming with the requirements of this section shall be in violation of this chapter.

(Ord. 619, 6-17-2003)

5-4-8: - ANIMALS ATTACKING PERSONS AND ANIMALS:#

Prohibited: It shall be unlawful for the owner or person having charge or control of an animal to allow such animal to, and it shall be unlawful for any animal to, attack, chase or worry any person, any domestic animal, or any species of hoofed protected wildlife, or to attack domestic fowl. "Worry", as used in this section, shall mean to harass by scratching, tearing, biting or shaking with the teeth or claws.

Defenses: The following shall be considered in mitigating the penalties or damages or in dismissing the charge:

That the animal was properly confined on the premises.

That the animal was deliberately or maliciously provoked.

Restraint, Muzzle Required: It shall be unlawful for the owner of any fierce, dangerous or vicious animal to suffer or 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 or another animal. 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 or control of such animal, so that it shall not injure any person or property is a hazard to public safety, and the police chief shall seek a court order for destruction of or muzzling of the animal.

(Ord. 619, 6-17-2003; Ord. 815, 9-25-2012)

5-4-9: - NUISANCE ANIMALS:#

Nuisance Defined: Any owner or person having charge, care, custody or control of an animal or animals causing a "nuisance", as defined in this section, shall be in violation of this chapter and subject to the penalties provided herein. The following shall be deemed a nuisance: Any animal which:

Causes damage to the property of anyone other than its owner.

Is an animal previously declared potentially dangerous or dangerous and is found in violation of restrictions placed on that dog by the division of animal control.

Causes unreasonable fouling of the air by odors.

Causes unsanitary conditions in enclosures or surroundings by inadequate removal of excrement to a proper receptacle.

Defecates on any public sidewalk, trail, park or building, 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, custody, control or possession of such animal shall remove immediately any such defecation to a proper trash receptacle.

Barks, whines or howls or makes other disturbing noises in an excessive, continuous or untimely fashion.

Molests passersby or chases passing vehicles.

Attacks other domestic animals.

Is an animal which has been impounded for being at large, or its owner or possessor has been convicted for the dog being at large, or being in violation of any combination of ordinances on three (3) separate occasions within a twelve (12) month period.

Abatement: When it reasonably appears to the animal control officer that any animal is a nuisance as defined in this section, and that such nuisance should be abated, the officer, or his/her authorized representative shall first attempt to obtain the written consent of the animal owner to abate the animal. If the animal owner's consent cannot be readily obtained, the animal control officer may file a complaint with the court charging the maintenance of a nuisance. The charge shall set forth the facts according to the best of the officer's information and belief, indicating the owner is maintaining a nuisance, and the nuisance should be abated. Until the owner may be summoned to appear before the court, the animal(s) may be taken into impound by the division of animal control and held there pending a decision by the court. If the complaint is denied a hearing will be set pursuant to the normal procedure of the court. If the court finds the complaint of maintaining a nuisance has been proven, the division will seek an order from the court setting out the method of abatement. 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 dangerous dog. If relocation is ordered, the court may set whatever conditions are necessary to guarantee the said animal shall not constitute a nuisance in the future. If the court determines that animal is a nuisance, the owner shall pay the cost of all impoundment fees, or any other fee that may incur as a result of such impoundment.

(Ord. 619, 6-17-2003)

5-4-10: - PROHIBITED ACTS AND ACTIVITIES:#

Interference: It is unlawful for any person to interfere with any peace officer or animal control officer or their assistants in the discharge of their duties under this chapter, or likewise any officer or authorized personnel of the humane society.

Harboring Stray Dogs: It shall be unlawful for any person, except an animal welfare society, to harbor or keep any lost or strayed dog. Whenever any dog shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the animal control service within forty-eight (48) hours, and the service shall impound the dog as herein provided.

Animals at Large: It shall be unlawful for the owner or person having charge or control of any dog to allow such dog at any time 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 subsection regardless of the precautions taken to prevent the escape of the animal and regardless of whether or not he or she knows that the animal is running at large.

Animals on Unenclosed Premises: It shall be 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 by the owner of the affected property. No animals are to be staked or tethered along public roadway easements or business or public walkways.

Female Dogs in Heat: Any owner or person having charge 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 animals and creating a nuisance.

Places Prohibited to Animals; Exception:

It shall be unlawful for any person to take or permit any animal, whether loose or on a leash or in arms, in or about any establishment or place of business where food or food products are sold or distributed, including, but not limited to, restaurants, grocery stores, meat markets, and fruit or vegetable stores.

This section shall not apply to dogs provided for in subsection 5-4-4E2 of this chapter.

Cruelty to Animals Prohibited:

Physical Abuse: It is unlawful for any person to wilfully or maliciously kill, maim, disfigure, torture, beat with a stick, chain, club or other object, mutilate, burn or scald, overdrive or otherwise cruelly set upon any animals. Each offense shall constitute a separate violation.

Hobbling Animals: It is unlawful for any person to hobble livestock or other animals by any means which may cause injury or damage to any animal.

Care and Maintenance: It shall be the duty of any person to provide any animal in his charge or custody as owner or otherwise, with adequate food, drink, care and shelter.

Animals in Vehicles: It shall be unlawful for any person to carry or confine any animals in or upon any vehicle in a cruel or inhumane manner, including, but not limited to, carrying or confining such animal without adequate ventilation or for an unusual length of time, or for a period of time likely to cause or within which harm may result to the animal.

Abandonment: It shall be unlawful for any person to abandon any animal within the city.

Poisoning: 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. This provision shall not be interpreted so as to prohibit the use of poisonous substances for the control of vermin in furtherance of the public health when applied in such a manner as to reasonably prohibit access to other animals.

Injury by Motorists:

Every operator of a motor or other self-propelled vehicle upon the streets of the city 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 animal control, furnishing requested facts relative to such injury.

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 to 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 animal control. Such animal may be taken in by the animal control facility and dealt with as deemed appropriate under the circumstances.

Emergency vehicles are exempted from the requirements of the foregoing provisions while proceeding on an emergency.

Animals for Fighting:

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 baiting 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 the purposes of the aforesaid.

Law enforcement officers or 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 in such exhibition. This provision shall not be interpreted to authorize a search or arrest without a warrant when such is required by law.

Killing of Birds: It shall be unlawful for any person to take or kill any bird or to rob or destroy any nest, egg or young of any bird in violation of the laws of the state, unless sanctioned by the authority of the county health department or animal control.

10.

Malicious Impounding: It shall be unlawful for any person maliciously to secrete or impound the animal of another, or to cause the same to be done.

Sale of Animals:

Animals or Fowl: It shall be unlawful for any person to sell, offer for sale, barter or give away ducklings in any quantity less than two (2), or other fowl under two (2) months of age, in any quantity of less than six (6). Animals or fowl offered for sale shall not be artificially dyed or colored. Nothing in this provision shall be construed to prohibit the raising of fowl by a private individual for his personal use and consumption; provided, that he shall maintain proper brooders and other facilities for the care and containment of such animals or fowl while they are in his possession and comply with all zoning ordinances relating thereto.

Premiums and Novelties: It shall be unlawful for any person to offer as a premium, prize, award, novelty or incentive to purchase merchandise, any live animal, except fish.

Pet Turtles: It shall be unlawful for any pet shop to sell any Psuedemys scripta-elegans or P. troostii family testudinidae, "pet turtles", less than four inches (4") in diameter or in contravention of any state or federal law or regulation dealing with same.

Wild Animals: It shall be unlawful for any person other than a publicly maintained and supervised zoo, zoological garden, a duly authorized circus or sideshow, or an educational institution with adequate and proper facilities, to keep and maintain any dangerous or poisonous reptile, lion, tiger, cougar, jaguar, wild cat, lynx, cheetah, bear or other dangerous wild animal, fish or reptile. In such cases, animals must be maintained by means of protective devices adequate to prevent such animals from escaping or injuring the public. Every facility controlling or maintaining such animals shall comply with all state and federal regulations regarding quarantine and vaccination as directed for each species. All such wild animals or reptiles shall be kept under confinement on the premises of the owner, and shall not be allowed to run at large, and shall be maintained on the premises or private property of the owner in such a manner as to not endanger the life or limb of any persons lawfully entering such premises.

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 municipalities within the confines of public parks or aviaries are exempt, except that they shall not be allowed on public roadways.

Animal Waste: It is unlawful for the owner of any animal to allow or permit such animal to defecate on any public property or improved private property, other than that of the owner. The person having custody of an animal shall be responsible for the immediate removal of any excrete deposited by his/her animal on any public walk, trail, recreation area, or private property other than that belonging to the owner of the animal.

Feeding Feral Cats and Dogs Prohibited: It shall be unlawful for any person to intentionally provide food, water, or other forms of sustenance to any feral cat or dog within the city, except after confinement of the feral cat or dog within a kennel authorized by the Riverdale City animal control services and operated in conformance with this code.

(Ord. 619, 6-17-2003)

5-4-11: - IMPOUNDING:#

Animals to Be Impounded: The police chief shall place all animals which he or she takes into custody in a designated animal impound facility. The police chief shall cause deceased animals to be disposed of. The following animals may be taken into custody by the police chief and impounded without the filing of a complaint:

Any animal being kept or maintained contrary to the provisions of this chapter with any reasonable means used to immobilize or capture said animal.

Any animal running at large contrary to the provisions of this chapter.

Any animal which is by this chapter required to be licensed and is not licensed. An animal not wearing a tag shall be presumed to be unlicensed for purposes of this subsection.

Sick or injured animals whose owner cannot be located, or whose owner requests relinquishment and agrees to pay reasonable fees for services rendered.

Any abandoned or neglected animal whose safety may be threatened should the animal not be readily placed into protective custody.

Animals which are not vaccinated for rabies in accordance with the provisions of this chapter.

Any animal to be held for quarantine.

Any vicious animal not properly confined as required by Section 5-4-8 of this chapter.

Records Maintained: The impounding authority shall keep records showing the following:

Complete description of the animal, including tag numbers.

The manner and date of impound.

The location of the pick up and name of the officer picking up the animal.

The manner and date of disposal.

The name and address of the redeemer or purchaser.

The name and address of any person relinquishing an animal to an impound facility.

All fees received.

All expenses accruing during impoundment.

Disposition of Animals:

Animals shall be impounded for a minimum of three (3) 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 mailed to the last known address of the listed owner. If a resident wishes to relinquish an animal, it is the responsibility of the owner to pay all costs for such a relinquishment. The city will not be responsible for necessary charges imposed by the animal shelter for animal relinquishment. 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.

All dogs and cats, except for those quarantined or confined by court order, held longer than the minimum impound period, and all dogs and cats voluntarily relinquished to the impound facility, may be destroyed or sold as the police chief shall direct. If the animals are sold, the fee charged shall be the same as the adoption fees charged by the animal facility used by the city. Any person who buys or adopts an animal that has been placed in the facility by the city shall also purchase a mandatory spay/neuter agreement for an additional thirty dollars ($30.00).

Any licensed animal impounded and having or suspected of having serious injury or contagious disease requiring medical attention, may, in the discretion of the police chief, be released to the care of the veterinarian with the consent of the owner.

When, in the judgment of the animal control officer, it is determined that an animal should be destroyed 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 limitations otherwise established herein, and without court order.

Redemption Fees:

The owner of any impounded animal or his authorized representative may redeem such animal before disposition provided he pays:

The impound fee.

The daily board fee.

Veterinary fees incurred during the impound period, including rabies vaccination.

License fee.

Impound fees shall be in such amounts as provided in the consolidated fee schedule set forth in title 1, chapter 12 of this code.

(Ord. 619, 6-17-2003; Ord. 815, 9-25-2012)

5-4-12: - COURT ORDERS; PROCEDURE:#

Unless modified by the court, court orders pursuant to this chapter shall be sought according to the following minimum notice and procedure: A.

Complaint: The animal control officer, or his or her authorized representative, shall petition the court of applicable jurisdiction for the desired action by filing a complaint, together with supporting affidavits, if deemed necessary.

Service: The petition for the action, together with supporting affidavits, shall be served on the party against whom the action is taken at least five (5) days prior to the hearing.

(Ord. 619, 6-17-2003)

5-4-13: - PENALTY:#

Any person, corporation, firm or association violating any provision of this chapter shall be guilty of a misdemeanor and upon conviction, shall be punished as provided in section 1-4-1 of this code, and/or as provided in section 76-9-301 of the Utah criminal and traffic code.

(Ord. 619, 6-17-2003)

CHAPTER 5 - BICYCLE REGISTRATION#

5-5-1: - DEFINITIONS:#

Unless the context otherwise requires, the following words shall have the below stated meanings:

CYCLE: A device upon which any person may ride propelled by human power through a belt, chain or gears and having one or more wheels in tandem or other arrangement. Cycles with wheels of at least twenty inches (20") in diameter and frame size of at least fourteen inches (14") shall be mandatorily subject to this chapter. Other cycles may be registered by the owner at his option.

CYCLE DEALER: Any person engaged in buying, selling, bartering and exchanging cycles, whether dealing exclusively in cycles or in conjunction with other wares, goods and merchandise.

SALE: All transactions wherein ownership of a cycle is transferred from one person to another whether by sale, exchange, gift or other means.

(1985 Code § 5-1-1)

5-5-2: - RECORD OF SALES BY DEALER:#

All cycle dealers shall make and maintain a record of all sales of cycles within the limits of the city, containing the following information: A.

The name and address of the cycle dealer.

The name and address of the purchaser.

The serial or frame number, brand name, model, number of speeds, frame size, wheel size, color, whether new or used, whether a man's or woman's make and such other descriptive items as will assist in identifying the cycle.

Additionally, the record shall include the coded NCIC agency identifier number of the area in which the cycle was sold and the registration number.

(1985 Code § 5-1-2)

5-5-3: - COMPLETION AND DELIVERY OF REGISTRATION CERTIFICATE:#

Required: All cycle dealers at the time of sale of a cycle shall complete a cycle registration certificate in triplicate. The certificate of registration shall bear the information required by section 5-5-2 of this chapter and such other information for which provision is made upon the registration form and shall bear the signature of the dealer and date of issuance.

Distribution: The dealer shall deliver a copy of said registration certificate to the buyer, shall retain a copy for the dealer's files and shall, within thirty (30) days of the sale, furnish the original certificate of registration to the office of the city recorder.

Forms: The dealer shall acquire registration certificate forms from the city bearing the requisite NCIC agency identifier numbers and registration numbers, together with the described registration insignia provided in section 5-5-4 of this chapter.

(1985 Code § 5-1-3)

5-5-4: - INSIGNIA ATTACHED:#

All cycle dealers shall at the time of sale of a cycle attach to the down tube of the frame of the cycle a registration insignia provided to the dealer by the city for that purpose. Said registration insignia shall bear the applicable NCIC agency identifier number and the registration number of the cycle. Said numbers shall coincide with the numbers appearing upon the registration certificate required by this chapter.

(1985 Code § 5-1-4)

5-5-5: - SALES OTHER THAN BY DEALERS:#

In the event that an owner acquires a cycle other than through a sale to him by a cycle dealer, he shall make application with the office of the city recorder in person, by mail or otherwise for registration certificates and registration insignia. Upon receipt thereof, the buyer shall complete said registration form and file the original thereof with the office of the city recorder. He shall thereupon attach the registration insignia to the down tube of the frame of the cycle in the same manner as above required of cycle dealers.

(1985 Code § 5-1-5)

5-5-6: - PREVIOUSLY REGISTERED OWNERS:#

In the event that the sale of a cycle involves a cycle previously registered and bearing a registration insignia, the dealer or buyer, whichever is applicable, shall in addition to all other reporting and recording, make a record of the former number and make a report of the former insignia number to the city recorder's office at the time that the registration certificate involving the sale is filed.

(1985 Code § 5-1-6)

5-5-7: - CYCLES BEARING NO SERIAL OR FRAME NUMBER:#

No cycle dealer shall sell or deliver a cycle which does not bear a serial number on its frame. Whenever the cycle has no serial number or frame number, the dealer shall stamp or have stamped on the frame the registration number that is to be issued for that cycle, the year in which the license was issued or year of expiration of license, and the NCIC agency identifier number of the political subdivision regulating the dealer.

(1985 Code § 5-1-7)

5-5-8: - CURRENTLY OWNED CYCLES NOT REGISTERED:#

All persons owning cycles which have not been registered pursuant to the provisions of this chapter or of any other predecessor ordinance permitting or requiring registration may apply to the office of the city recorder for registration forms and registration insignia, complete the registration certificate, file it with the office of the city recorder and attach the applicable registration insignia to the cycle as above provided for dealers.

(1985 Code § 5-1-8)

5-5-9: - MUTILATION, ALTERATION OR REMOVAL OF INSIGNIA:#

No person shall wilfully or maliciously destroy or alter the serial or frame number of any cycle, or the registration insignia attached to any cycle while the same is valid.

(1985 Code § 5-1-9)

5-5-10: - PENALTY:#

Any person violating, causing or permitting violation of any provision of this chapter shall be guilty of an infraction and upon conviction, shall be subject to penalty as provided in section 1-4-1 of this code.

(1985 Code § 5-1-10; amd. 2001 Code)

CHAPTER 6 - INTOXICATING CHEMICAL COMPOUNDS#

5-6-1: - UNLAWFUL INTOXICATING CHEMICAL COMPOUNDS:#

It shall be unlawful for any person, including a corporation or other entity, to manufacture, distribute, use, possess, purchase, attempt to purchase, sell, publicly display for sale, attempt to sell, give, trade or barter any one or more of the following chemical compounds and/or substances or their salts, isomers, homologues, and salts of their isomers and homologues:

Salvia divinorum or Salvinorum A: all parts of the plant presently classified botanically as Salvia divinorum, whether growing or not, the seeds thereof, any extract from any part of such plant, and every compound, manufacture, salts derivative, mixture or preparation of such plant, its seeds or extracts;

Pentyl-3-(1-naphthoyl) indole (also known as JWH-018);

(6ar, 10ar)-9-(hydroxymethyl)-6, 6-dimethyl-3-(2-methyloctan-2-yl)-6a, 7, 10, 10a-tetrahydrobenzo[c] chromen-1-ol (also known as HU-210 or 1, 1-dimethylheptyl-11-hydroxy-delta8-tetrahydrocannabinol);

2-(3-hydroxycyclohexyl)-5-(2-methyloctan-2-yl) phenol (also known as CP-47, 497), and the dimethylhexyl, dimethyloctyl and dimethylnonyl homologues of CP-47, 497;

1-Butyl-3-(1-naphthoyl) indole (also known as JWH-073);

1-(2-(4-(morpholinyl)ethyl))-3-(1-naphthoyl) indole (also known as JWH-200);

1-Pentyl-3-(2-methoxyphenylacetyl) indole (also known as JWH-250);

1-Hexyl-3-(1-naphthoyl) indole (also known as JWH-019 or JWH-015);

1-Pentyl-3-(4-chloro-1-naphthoyl) indole (also known as JWH-398);

10.

N-benzylpiperazine (also known as BZP);

11.

1-(3-trifluoromethylphenyl) piperazine (also known as TFMPP);

12.

Any similar structural analogs of the above chemical compounds; or

13.

Any other synthetic cannabinoids that activate the cannabinoid, CB1, receptor agonist.

It is unlawful for any person, corporation, or other entity, to possess paraphernalia associated with chemical compounds listed in this section. For purposes of this section "paraphernalia" shall mean any equipment, product, or material used, or intended to be used, to manufacture, compound, convert, produce, process, prepare, test, analyze, package, repackage, store, contain, conceal, inject, ingest, inhale, transdermal absorption, or to otherwise introduce a chemical compound listed in this section into the human body.

The aforementioned intoxicating chemical compounds and associated paraphernalia are contraband and are to be confiscated by law enforcement officials.

This section shall not apply to drugs or substances lawfully prescribed or to drugs or substances which have been approved by the federal food and drug administration or which are specifically permitted by Utah law.

A violation of this section is a class B misdemeanor and is punishable as such.

It is not an offense under subsection A of this section if the person was acting at the direction of an authorized agent of the city of Riverdale to enforce or ensure compliance with this law prohibiting the sale of the aforementioned intoxicating chemical compound.

Each day during which a violation of this chapter occurs shall constitute a separate offense.

The city of Riverdale shall have the authority to seek an injunction to compel compliance of any business which fails or refuses to comply with this section.

(Ord. 774, 10-19-2010, eff. 10-19-2010)