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For the purpose of this Title, unless it is plainly evident from the context that a different meaning is intended, certain terms used herein are defined as follows:
"Abandon" To intentionally deposit, leave, or drop off any live animal: (1)
Without providing for the care of that animal, in accordance with accepted animal husbandry practices or customary farming practices; or
(2)
In a situation where conditions present an immediate, direct, and serious threat to the life, safety, or health of the animal;
(3)
"Abandon" does not include returning wildlife to its natural habitat.
"Abatement" shall be defined as the removal, impoundment, disposal, relocation or euthanization of an animal.
"Animal" shall be intended to describe any and all vertebrates and invertebrates both mammal and or reptile, and shall encompass a general definition for them. This definition will exclude any and all caprine (goats), bovine (cow), equine (horses), ovine (sheep), camelid (llama), porcine (pigs) with exception given to porcine-pot-bellied or commonly described as and defined "pot-bellied pig".
"Animal Grooming Parlor" shall mean any establishment maintained for the purpose of offering cosmetological services for animals for profit.
"Animal Services Director" shall mean the person appointed for the purpose of supervising the operation of the Animal Services Division.
"Animal Services Officer" shall mean all persons designated as Animal Services Officers by the Tremonton Animal Services Division and all peace officers certified by the State of Utah.
"Animal Shelter" A facility or program: (a)
Providing services for stray, lost, or unwanted animals, including holding and placing the animals for adoption, including an institution conducting research on animals, as defined by 26-26-1, U.C.A.
"Animals at Large" shall be intended to mean animals off the owners property; and/or not under the control of the owner by means of an attached restraint device capable of restraining the animal and/or on the owners property and not under the verbal control of the owner or securely confined by the owner to any restraint device capable of restraining the animal that is visible to any passerby or placed within a confined area by which a visible fence or durable material has been placed or constructed. This excludes the use of any electrical device described as, or made in reference to, an invisible type of fence.
"Animals per Residence" shall be defined as the number of associated animals located to, on, or for any personal, association, corporation or private properties and will not exceed two (2) cats over the age of three (3) months and/or two (2) dogs over the age of six (6) months and/or three (3) reptiles on any stated properties within Tremonton City unless the appropriate Kennel License has been obtained and kept in current standing with the provisions of Section 13-300 License and Registration Required.
"Attack" Any menacing or threatening behavior to initiate or indicate aggression by an animal which causes fear, intimidation, or apprehension to a normal person, including baring its teeth, growling, lunging, barking aggressively, and approaching in an aggressive manner.
"Attack Dog" An attack dog is any dog bred, trained or used for the purpose of attacking a target either on command or on sight.
"Bite" shall mean any actual puncture, tear, abrasion of the skin, or impairment of physical condition, inflicted by the teeth of an animal.
"Cat" shall mean any age feline of the domesticated types.
"Cattery" shall mean an establishment for boarding, breeding, buying, grooming, or selling of cats for profit.
"City" shall mean Tremonton City, Utah.
"Custodian" A person having custody of an animal, but not including the Animal Services Director or any Division employees when keeping animals in their care as required by their official duties as Tremonton City employees.
"Custody" Ownership, possession or control of an animal; any person keeping, harboring, sheltering or often feeding an animal, within the meaning of this Title.
"Dangerous Animal" shall mean any animal that, according to the records of the Tremonton City Animal Services Division, or County agency, or City officer or employee: (1)
Has inflicted substantial bodily injury on a human being with or without provocation on public or private property;
(2)
Has killed a domestic animal with or without provocation while off the owner's property;
(3)
Has previously been found to be "Potentially Dangerous", the owner having received notice of such, and it is witnessed and documented that the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals; or
(4)
The animal is found to be in violation of any of the restrictions placed upon the animal by the Animal Services Division, pertaining to a potentially dangerous animal, as designated in this Title.
"Director" The director of the Animal Services Division of Tremonton City.
"Direct Physical Control" Immediate, continuous, physical control of a animal by means of a leash, cord, or chain and by a person of sufficient strength to restrain the animal and to be able to control the animal with voice commands, securely restraining the animal within a vehicle, or keeping the animal within a secure box, cage, enclosure or fence from which it cannot escape.
"Division" The Animal Services Division of Tremonton City.
"Dog" shall mean any Canis Familiaris over six (6) months of age. Any Canis Familiaris under the age of six (6) months is a puppy.
"Domesticated Animals" shall mean animals accustomed to living in or about the habitation of man, including but not limited to, cats, dogs, fowls, horses, swine, goats, sheep, mules, donkeys, and cattle.
"Feral" An animal which is normally domesticated but which is now wild.
"Fowl" shall refer to gamefowl, waterfowl or landfowl.
"Guard dog" shall mean 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 that it cannot come into contact with the public.
"Impound or Impoundment" The removal or picking up and confining of an animal by any sworn and certified peace officer who is an employee of a law enforcement agency that is part of, or administered by, the State of Utah or any of its political subdivisions, or by an Animal Services Officer.
"Jurisdiction" shall mean Tremonton, Utah.
"K-9 Assistance animal" An assistance animal or an animal specially trained and used by police, government, or rescue organizations.
"Kennel" shall mean land or buildings used in the keeping of three (3) or more animals, six (6) months of age or older.
"Leash" Any tether, chain, rope or similar implement used to restrain an animal.
"Livestock" shall mean any normally domesticated animal that is not a cat or dog, such as: cattle, sheep, goats, mules, burros, swine, horses, geese, ducks, turkeys, etc.
"Muzzle" A fastening or covering of the mouth of an animal which prevents it from biting another animal or person, which does not cause injury to the animal, and which does not significantly interfere with the animal's vision or respiration, such as an appropriately fitted basket muzzle.
"Nuisance Animal" A nuisance animal is any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners, to the enjoyment of life or property. The term "nuisance animal" shall include, but not be limited to an animal which: (1)
Causes damage to the property of anyone other than its owner; or
(2)
Is a dangerous dog as regulated in Section 13-406 & 13-411 of this Title at large, or a prohibited animal pursuant to Section 13-411 of this Title at large; or
(3)
Causes unreasonable fouling of the air by odors; or
(4)
Causes unsanitary conditions in its enclosure, cage, yard, or surroundings; or
(5)
Defecates on any public sidewalk, park, or building, or on any private property without the consent of the owner of such private property; unless the person having custody of such animal or his agent shall immediately remove the feces to a proper trash receptacle; this Subsection shall not be applicable to cases where a person is legally blind or so disabled as unable to pick up the feces when such custodian is being assisted by a service animal; or
(6)
Continuously or persistently barks, whines, growls, or howls, or makes other noises which substantially disturbs the peace or quiet, or causes unreasonable annoyance or disturbance to individuals in close proximity to the premises where the animal is kept; or
(7)
Though confined on the custodian's premises, jumps on fencing, lunges toward passersby, or behaves in a menacing or attacking manner so as to prevent the neighboring occupants from the quiet enjoyment of their property; or
(8)
Molests passersby or chases passing vehicles; or
(9)
Any animal that is found running at large two (2) or more times within a twelve (12)-month period while owned by, or in the custody of the same person; or
(10)
Is seriously offensive, or a danger to the health, safety, or welfare of the public.
"Owner" Any person, partnership, corporation or other legal entity owning, harboring, or keeping any animal. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) or more consecutive days. This definition shall not apply to any veterinary clinic, boarding kennel or the City Animal Shelter.
"Pet" shall mean a domesticated 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" shall mean any establishment containing cages or exhibition pens, not part of the kennel or cattery, wherein dogs, cats, birds, or other pets for sale are kept or displayed.
"Potentially dangerous animal" shall mean 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 domestic animals.
"Quarantine" shall mean the isolation of an animal in a substantial enclosure so that the animal is not subject to contact with other animals or unauthorized persons.
"Residence" shall be intended to make reference to the owner or owner's location both personal, private or commercial and shall not be limited to the description of the animal or animals' location, whereabouts or destination.
"Restraint device" shall mean any chain, leash, cord, rope, or other device commonly used to restrain an animal.
"Riding school or stable" shall mean an establishment, which offers boarding and/or riding instruction of any horse, pony, donkey, mule, or burro or which offers such animals for hire.
"Serious bodily injury" shall mean bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death.
"Service Animal" A domestic animal that is trained, or is in training, to lead, guide, or assist a person who has a disability.
"Sterilized" An animal that has been surgically altered, either by the spaying of a female animal or by the neutering of a male animal, so it is unable to reproduce.
"Stray" Any animal at large as defined herein.
"Substantial bodily injury" shall mean bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ.
"Tag" A license tag issued by the Animal Services Division.
"Veterinarian" A person licensed to practice veterinary medicine in Utah under U.C.A. § 58-28-301, and following sections.
"Vicious animal" shall mean any animal which has: (1)
Inflicted serious bodily injury on a human being, with or without provocation, on public or private property;
(2)
Has killed a domestic animal, with or without provocation, while off the owner's property; or
(3)
Has been previously found to be dangerous, the owner having received notice of such, and the animal again bites, attacks, or endangers the safety of humans or domestic animals, or it is witnessed and documented that the animal is in violation of restrictions placed upon it as a potentially dangerous or dangerous animal pursuant to this Title.
"Wild animal" shall mean 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. Those animals, however domesticated, shall include but are not limited to: (1)
Alligators, crocodiles, Caiman;
(2)
Bears (ursidae): All bears including grizzly bears, brown bears, and black bears;
(3)
Cat family (felidae): All except the commonly accepted domesticated cats; including cheetahs, cougars, leopards, lions, lynx, panthers, mountain lions, tigers, and wildcats;
(4)
Dog family (canidae): All, except domesticated dogs; including wolf, fox, coyote, and wild dingo. Any dog cross bred with a wild animal as described above shall be considered to be a wild animal;
(5)
Porcupine;
(6)
Primates (All subhuman primates);
(7)
Raccoon (All varieties);
(8)
Skunks;
(9)
Birds of Prey;
(10)
Venomous fish and piranha;
(11)
Venomous snakes or lizards; and
(12)
Weasels. (All weasels, martins, wolverines, badgers, otters, ermine, mink, and mongoose, except that the possession of mink shall not be prohibited when raised commercially for their pelts, in or upon a properly constructed legally operated ranch.)
"Worry" shall mean to cause apprehension or fear, or to harass by menacing, growling, snapping, tearing, biting, or shaking with the teeth, or approaching aggressively while unconfined or not tethered on a leash.