Chapter 6.04 - GENERAL PROVISIONS
Part of the Code of Ordinances of South Salt Lake, UT.
The text
6.04.010 - Short title.#
This title shall be known as the "South Salt Lake City Animal Control Ordinance" or "Title 6, South Salt Lake City Code."
(Ord. No. 2015-04, 4-22-2015)
6.04.020 - Definitions.#
[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]
"Abandonment" means placing an animal in an environment where the animal is separated from basic needs such as food, water, shelter, or necessary medical attention, for a period longer than twenty-four (24) hours; failure to reclaim an animal seventy-two (72) hours beyond the time agreed upon with a kennel, grooming service, or similar facility; and/or failure to reclaim a pet from an animal shelter beyond seventy-two (72) hours after notification or refusal to sign relinquishment authorization.
"Animal at large" means any domesticated animal, whether or not licensed, not under restraint as defined in this section.
"Animal boarding establishment" means any establishment that takes in animals for boarding for a fee.
"Animal grooming parlor" means any establishment maintained for the purpose of offering cosmetologist services for animals for a fee.
"Animal services division" or "division" means the animal services division of the City of South Salt Lake.
"Animal shelter" means a facility that is owned or operated by a governmental entity or any non-profit animal welfare organization licensed by the State of Utah or a political subdivision thereof, which provides services for stray, lost, or unwanted animals, including holding and placing the animals for adoption, including any private humane society or private animal welfare organization.
"Attack" means any action or attempted action by an animal which either directly or indirectly places a person or another animal in danger of bodily harm. Actual physical injury is not required to constitute an attack.
"Bite" means the infliction of bodily injury upon a person or other animal, by the teeth of an animal.
"Bodily injury" has the same definition as is found in section 76-1-601 of the Utah Code, as amended, and applies to both humans and other animals.
"Cat" means any age feline of the domesticated types over four months in age.
"Cattery" means an establishment for boarding, breeding, buying, grooming or selling cats for a fee.
"Community cat" means a feral, free-roaming, homeless, wild or untamed cat, which lacks discernible or microchip owner identification of any kind, and has been sterilized, vaccinated, and ear-tipped.
"Director" means the director of the urban livability department for the city of South Salt Lake.
"Dog" means any canis familiaris over four months of age.
"Domesticated animals" means animals accustomed to live in or about the habitation of man, including but not limited to cats, dogs, fowl, ferrets, gerbils, horses, swine and goats. A list of allowed domesticated animals may be adopted by the city council.
"Ear-tipping" means removing approximately one quarter-inch off the tip of a cat's left ear while the cat is anesthetized for sterilization.
"Enclosure" means a fence or structure of at least six feet in height, forming or causing an enclosure suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the vicious dog.
"Exotic animal" means: 1.
An animal which does not appear on the list of "wild animals," is domestically bred, whose species' native habitat is not indigenous to the continental United States, and which is greater than three feet in length or height and weighs in excess of ten pounds; or
2.
Any snake which exceeds ten feet in length.
"Feral cat" means a cat which would normally be domesticated, but has reverted to the wild.
"Ferret" includes a ferret which is bred and sold as a domestic pet, and not protected by the Utah Division of Wildlife Resources.
"Guard dog" means a dog kept on the premises of a lawfully situated business for the protection of person or property. It does not include a dog which resides at a private residence.
"Holding facility" means any pet shop, kennel, cattery, groomery, riding school, stable, animal shelter, veterinary hospital, humane establishment or any other such facility for holding animals.
"Impound" means taken into the possession and custody of an animal control agency, law enforcement agency or an agent thereof.
"Kennel" means an establishment having three or more dogs for the purpose of boarding, breeding, buying, grooming, letting for hire, training for fee or selling.
"Leash" or "lead" means any chain, rope, or cable used to restrain an animal.
"Livestock" means any animal traditionally kept for husbandry, regardless of the owner's intentions for keeping a specific animal, and includes fowl and hoofed domesticated animals.
"Off-leash area" means an area specifically designated by the parks department and animal services as appropriate for a specified animal to exercise or socialize without leads, leashes or other restraints.
"Person" means a natural person or any legal entity, such as a partnership, corporation or company.
"Pet" means any domesticated animal kept for pleasure rather than utility, including but not limited to birds, cats, dogs, fish, hamsters, mice and other animals associated with the human environment, such as ferrets.
"Pet shop" means 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.
"Private cattery" means the land or building where more than three but less than eight surgically sterilized cats, owned by the permitee, are held indoors or in secure enclosures for exhibition or for the enjoyment of the household and not used for a commercial purpose.
"Provoke" means any deliberate act by a person towards an animal done with intent to tease, torment, abuse, assault, or otherwise cause a reaction by the animal; provided, however, that any act by a person done with intent to discourage or prevent an animal from attacking shall not be considered a provocation.
"Quarantine" means the isolation of an animal in a substantial enclosure so that the animal is not subject to contact with other animals or unauthorized persons.
"Rescued animal" means an animal adopted from an animal shelter. It does not include an animal acquired by any other means. Proof of adoption at an eligible facility is required.
"Riding school" or "stable" means an establishment which offers boarding and/or riding instructions for any horse, pony, donkey or mule which offers such animals for hire.
"Service animal" has the same definition as found in section 62A-5b-102 of the Utah Code, as amended.
"Sterilized" means that an animal has been surgically altered either by the spaying of the female animal or the neutering of the male animal, so that the animal is unable to reproduce.
"Stray" means any animal at large as defined in this section.
"Substantial bodily injury" has the same definition as it is found in section 76-1-601 of the Utah Code, as amended.
"Supervisor" means the supervisor of the animal services division, or another individual given authority to act in the supervisor's place.
"Transfer" means that an animal shelter sells, gives away, places for adoption, or transfers ownership of an animal to a recipient.
"Under restraint" means an owner or person's having charge, care, custody or control of an animal to the extent that the animal is confined to the real property of that owner; except a dog shall not be considered under control of the owner unless on a leash or lead, confined within a vehicle, or restrained within the real property limits of the owner. An animal shall not be considered under restraint within the real property limits of the owner if an individual engaged in a normal and expected activity may come in conflict with such animal on the owner's property, unless there is sufficient protection to insure the individual's safety and warning is given of the presence of such animal. Electronic devices, such as training or electronic fences do not render an animal under restraint.
"Vicious animal" means: 1.
Any animal determined to be vicious pursuant to Section 6.16.030; or
2.
Any animal which, because of its size, physical nature or vicious propensity, is capable of inflicting serious physical harm or death to humans and which would constitute a danger to human life if it were not kept in the manner required by this title.
"Wild animal" means: 1.
Any animal of a species that in its natural life is wild unless otherwise designated by the city council as domesticated upon a showing by the owner of domestication;
2.
Any animal which is not commonly domesticated, or which is of a wild or predatory nature;
3.
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;
4.
Those animals, however domesticated, shall include but are not limited to:
a.
Alligators, crocodiles, caiman, or venomous reptiles;
b.
Bears (Ursidae). All bears including grizzly bears, brown bears and black bears;
c.
Cat Family (Felidae). All except the commonly accepted domestic cats, including cheetahs, cougars, leopards, lions, lynx, bobcats, panthers, mountain lions, tigers and wildcats. Any cat crossbred with a wild animal as described herein shall be considered wild;
d.
Dog Family (Canidae). All dogs, with the exception of domesticated dogs, including but not limited to fox, coyote, wolf and wild dingo. Any dog crossbred with a wild animal, as described herein, shall be considered wild;
e.
Venomous fish and piranha;
f.
Raccoons, skunks, porcupines, and all members of the weasel family, including weasels martins, wolverines, wild ferrets, badgers, otters, ermine, mink, mongoose, etc.
g.
Primate (Hominidae). All subhuman primates; and
h.
Ostriches, emus or birds of similar size;
"Worry" means: 1.
To harass by tearing, biting or shaking with the teeth; or
2.
To charge at a person or domestic animal in an aggressive or threatening manner, when no fence or obvious enclosure separates the animal from the public.
(Ord. No. 2015-04, 4-22-2015)
6.04.030 - Violations and enforcement.#
A.
Unless otherwise provided, any person violating the provisions of this chapter, either by failing to do those acts required herein or by doing any act prohibited by this chapter, shall be guilty of a class C misdemeanor and punished accordingly. Each day such violation is permitted to continue shall constitute a separate offense and shall be punishable as such.
B.
Violations of this chapter are strict liability offenses, unless otherwise provided.
C.
This title may be enforced by officials through criminal actions, or through administrative or civil actions. The city has sole discretion over decisions of the remedies it will choose to pursue.
D.
The possibility of an administrative remedy does not interfere in the city's right to prosecute violations of this chapter as criminal offenses.
E.
If the city chooses to file both civil and criminal charges for the same violation, no civil penalties in the form of fines shall be assessed, but other remedies, such as removal, destruction, muzzling, or declaratory or injunctive relief are available to the city in that civil proceeding.
(Ord. No. 2015-04, 4-22-2015)
6.04.040 - Appeals.#
A.
An animal owner may appeal the following to the city administrative law judge:
1.
Removal orders;
2.
Destruction orders;
3.
Muzzling orders;
4.
Revocation or denial of licenses;
5.
Revocation or denial of a permit issued or applied for under this title;
6.
A determination that an animal is a nuisance;
7.
A determination that an animal is vicious; and
8.
Administrative citations for violations of this title.
B.
The administrative law judge shall conduct proceedings, and notices of appeal shall be filed, in accordance with Chapter 2.22 of this code, unless otherwise noted in this title.
(Ord. No. 2015-04, 4-22-2015)
6.04.050 - Notice of determination.#
A.
Service of notice of a determination listed in Section 6.04.040 is complete upon the following:
1.
Upon the owner of an animal licensed in the city, through:
a.
Personal service to the owner,
b.
Mailing a copy via certified mail or other means which requires the recipient's signature; or
c.
Posting in a prominent location at the address listed on that animal's license.
2.
Upon the owner of an animal which is not licensed - and only if that owner's name and address are known by the division:
a.
By mailing a copy of the notification to the owner's last known address;
b.
Upon personal service; or
c.
Posting the determination in a prominent location at that address.
3.
Upon a permitee:
a.
By mailing a copy of the notification to the address listed on the permit or application;
b.
Upon personal service on the permitee or a person left in charge of a permitted facility; or
c.
Posting the notification at the listed address.
4.
When service is accomplished by mail, there is added three additional business days for an appeal from that decision.
B.
Notices of adverse decisions shall state that the person receiving the notice has the right to appeal that decision within ten days from the date of the decision, and shall refer that person to both this section and Section 2.22.040 of the this code. It shall include the procedures associated with filing an appeal with the administrative court.
C.
Owners of animals are responsible for notifying the animal control division of changes to contact information and license information. The failure of an owner to receive a notice, when officers have followed the above procedures, is not a defense to the action and does not increase the time allowed to appeal the animal control official's decision. Extensions of the right to appeal shall only be granted for good cause, as good cause is defined by Utah courts.
D.
If an animal is recovered or captured without a tag, microchip or other proof of ownership, the division is not required to ascertain the owner's identity or provide notice for any action identified in this chapter, and the provisions of [Section] 6.08.080 apply.
E.
A person who fails to timely appeal an animal official's decision waives any and all objections to that decision, and waives any right to appeal that decision to the district court.
(Ord. No. 2015-04, 4-22-2015)
6.04.060 - Special procedures in destruction and removal cases.#
A.
Appeals from a decision to destroy or remove an animal must be submitted within five days of impoundment.
B.
Appeals from a decision to destroy or remove an animal shall be heard in an expedited fashion to avoid undue suffering or distress to the animal, to avoid additional boarding fees to the owner, and to avoid additional costs for the city.
C.
Upon receiving a notice of appeal from such a decision, the administrative law judge shall set a hearing date to be held within ten calendar days of receiving the notice of appeal, or as soon as practicable under the circumstances.
D.
The administrative law judge shall render a decision at the hearing if possible, or if the matter is taken under advisement shall render a decision within five calendar days.
E.
A person who appeals a destruction or removal decision must, at the time of appeal, prepay all accrued boarding fees, and provide a bond as required in Section 6.08.090.
F.
An animal in the custody of the city which is the subject of a destruction or removal order shall not be released prior to a hearing.
G.
An order of destruction or removal may permit animal control officers to place the animal with another owner or a rehabilitation facility, if such placement is appropriate under the circumstances at the sole discretion of the animal control supervisor.
H.
A person who further appeals an order of destruction issued by the administrative law judge to the district court shall post bond for an additional thirty (30) days. The person shall take steps to expedite the district court proceedings.
(Ord. No. 2015-04, 4-22-2015)