Division I. - Attack, Bites, and Nuisance

6.20.010 - Animal attack.#

A.

It is unlawful for the owner or person having charge, care, custody or control of any animal, even if such care or custody is temporary, to allow that animal to attack any person, domestic animal or fowl, or any species of protected wildlife. The person having charge, care, custody or control is strictly liable for this offense.

B.

In addition to being subject to prosecution under subsection A of this section, the owner or person having charge, care, custody or control of such animal shall also be strictly liable in damages to any person injured, for any property damaged, or to the owner of any animal injured or destroyed thereby.

C.

Defenses. It is an affirmative defense if:

1.

The attacking animal was deliberately or maliciously provoked;

2.

The attacking animal was properly restrained on private property which was clearly marked with signs warning against trespassing, and was reacting to a trespasser on the property.

D.

It is not a defense that a victim's injuries were caused by falling or attempting to break up a fight between animals.

E.

When more than one animal or person is injured as a result of the attack, there are multiple violations in the same amount as the number of victims.

F.

A violation of this section is a class C misdemeanor, unless the animal causes bodily injury due to a bite, in which case it is a class B misdemeanor.

(Ord. No. 2015-04, 4-22-2015)

6.20.020 - Animal chasing or worrying another.#

A.

In cases not amounting to a violation of Section 6.16.010, it is unlawful for the owner or person having charge, care, custody or control of any animal, even if such care or custody is temporary, to allow that animal to chase or worry any person, domestic animal or fowl, or any species of protected wildlife.

B.

A judge or the administrative law judge may impose a six-month muzzling order for any animal found to have engaged in conduct in violation of this section.

C.

A violation of this section is an infraction.

(Ord. No. 2015-04, 4-22-2015)

6.20.030 - Vicious animals.#

A.

Any animal which bites or attacks a person or animal in violation of Section 6.16.010 is deemed a vicious animal for a period of two years and may be subject to a muzzling, destruction or removal order, as determined by the supervisor. If, at the conclusion of two years from the date of determination, the animal has not been found running at large and has not attacked any other person or animal, it shall no longer be deemed a vicious animal.

B.

Vicious animals are subject to additional fees. The owners of vicious animals must pay these additional fees and provide proof of liability insurance in an amount determined in the consolidated fee schedule, prior to redeeming the animal.

C.

It is unlawful for a vicious animal to be off the premises of the owner unless the animal is under restraint and properly muzzled so as to prevent it from injuring any person or animal.

D.

Vicious animals are prohibited from participating in off-leash areas of public parks.

E.

Any animal which bites or attacks a person or animal in violation of Section 6.16.010 for a second time during the life of that animal shall be permanently deemed a vicious animal and subject to removal or destruction orders, as determined by the supervisor.

(Ord. No. 2015-04, 4-22-2015)

6.20.040 - Muzzling orders.#

A.

Any judge may order the owner of any animal which has engaged in conduct in violation of this chapter to muzzle the animal when it is in public places. The muzzling order shall also require adequate restraint of the animal at all times to prevent the animal from leaving private property on its own.

B.

All vicious animals are subject to muzzling orders so long as they are deemed vicious animals.

C.

An owner or person with charge, care, custody or possession of an animal subject to a muzzling order, shall not permit that animal to enter public property or the property of another without the muzzle in place.

D.

It is not a defense to a violation of this section that the animal removed the muzzle or escaped from the premises without the owner's knowledge.

E.

A violation of this section is a class B misdemeanor.

(Ord. No. 2015-04, 4-22-2015)

6.20.050 - Removal orders.#

A.

An order of removal may be issued by the supervisor if an animal has:

1.

Attacked or worried another person or animal on more than one occasion within a one-month period, not leading to bodily injury;

2.

Bitten a person;

3.

Been treated cruelly, neglected or abused; or

4.

Has run at large on more than one occasion during the previous twelve (12) months.

B.

When the removal order takes effect, the supervisor may place the animal with another owner or agency, or otherwise dispose of the animal in accordance with this chapter, at the supervisor's sole discretion.

(Ord. No. 2015-04, 4-22-2015)

6.20.060 - Destruction orders.#

A.

An order of destruction may be issued by the supervisor if an animal has:

1.

On more than one occasion within a twelve-month period bitten a person or animal;

2.

Inflicted substantial bodily injury on a person in a single attack;

3.

Bitten multiple people and/or animals in a single incident; or

4.

Has bitten a person or animal, and in the opinion of a licensed veterinarian is substantially likely to attack again.

B.

Upon receiving a destruction order, the supervisor may dispose of the animal or place it with another owner or agency, at the supervisor's sole discretion.

(Ord. No. 2015-04, 4-22-2015)

6.20.070 - Duty to report bites.#

A.

Any person having knowledge of any individual or animal having been bitten by an animal of any species subject to rabies shall report the incident immediately to the animal control division or to the Salt Lake County health department.

B.

The owner of an animal that bites a person and any person bitten by an animal shall report the bite to the animal control division, South Salt Lake City police department, or the Salt Lake County health department immediately after the bite, regardless of whether or not the biting animal is of a species subject to rabies.

C.

A physician or other medical personnel who renders professional treatment within the city to a person bitten by an animal shall report the fact that he or she has rendered treatment within twenty-four (24) hours of the first professional attendance. The physician shall state the name, sex and address of the person bitten as well as the type and location of the bite or other information necessary to ascertain the immunization status of the biting animal.

D.

Any person treating an animal bitten, injured or mauled by another animal shall report the incident to the animal control division. 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.

(Ord. No. 2015-04, 4-22-2015)

6.20.080 - Nuisance animals.#

A.

Any owner or person having charge, care, custody or control of an animal causing a nuisance is in violation of this section.

B.

A nuisance animal is one which:

1.

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

2.

Has committed a second offense of Section 6.16.020 of this chapter within a twelve-month period;

3.

Causes unreasonable fouling of the air by odors;

4.

Causes unsanitary conditions in enclosures or surroundings;

5.

Defecates on any public sidewalk, park or building, or on any private property on more than one occasion without the consent of the owner of such private property owner, unless the owner or custodian promptly removes the defecation;

6.

Barks, whines or howls or makes other disturbing noises in an excessive, continuous or untimely fashion, and at least one person's peace and repose is substantially or repeatedly disrupted by the noise;

7.

Is found running at large on more than one occasion within a twelve-month period; or

8.

Molests passers by or chases passing vehicles on more than one occasion during a one-month period.

C.

Nuisance animals are subject to additional fees, in an amount determined by the consolidated fee schedule.

(Ord. No. 2015-04, 4-22-2015)