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13-401. - Nuisance Animals.#
(1)
Any owner or custodian of an animal causing a nuisance shall be in violation of this Title and shall be subject to the fine amount and severity of punishment contained in the City's Consolidated Bail Schedule, adopted by Resolution of the City Council.
(2)
A court may require a dog, its owner or custodian to complete obedience and/or behavior training or other classes or training related to dog behavior or training approved by the court.
(3)
A court may reduce fines or other penalties if a dog, its owner or custodian, have completed obedience and/or behavior training classes approved by the court.
13-402. - Abatement of Public Nuisance Animals.#
When it reasonably appears to the Animal Services Division that any animal is a nuisance as defined in this Title, and that such nuisance should be abated, the Animal Services Division shall first attempt to obtain the written consent of the animal's owner to abate the animal. If the animal owner's consent cannot be readily obtained, the Animal Services Division may file a complaint in the Justice Court charging the maintenance of a nuisance. The charge shall set forth the facts according to the best of the Animal Services Division's information and belief, indicating that the owner is maintaining a nuisance, and the nuisance should be abated. Until such time as the owner may be summoned to appear before the court, the animal(s) may be taken into impound by the Animal Services Division 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 that the complaint of maintaining a nuisance has been proven, the Animal Services 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 animal. If relocation is ordered, the court may set whatever conditions are necessary to guarantee that the said animal shall not constitute a nuisance in the future.
In the event the court determines that the animal is a nuisance, the owner shall pay the cost of all impoundment fees, maintenance fees, or any other fee that may incur as a result of such impoundment, as per the fee resolution.
13-403. - Control and Fencing.#
(1)
It is unlawful for any person owning or having the custody, possession, or control of any livestock to allow, either negligently, recklessly, knowingly, or intentionally, the livestock to run at large in or about a public property or roadway, where such is not permitted by law, or to otherwise permit the animal to be herded, pastured, or to go upon the land of another without permission.
(2)
All fencing of property where livestock are kept shall be of sufficient construction to prevent the escape of or injury to the animals being confined within the fencing. The fencing shall be maintained so that no part of such fence, absent extraordinary circumstances, may be broken, damaged, or in any way create the possibility of injury to the confined livestock or to allow the escape thereof.
(3)
Failure to properly confine any class of livestock shall constitute a violation of this Title. Any person found in violation shall be subject to the fine amount and severity of punishment contained in the City's Consolidated Bail Schedule, adopted by Resolution of the City Council.
13-404. - Female Animals in Heat.#
Any owner or person having charge, care, custody or control of any female animal in heat shall, in addition to restraining such animal from running at large, cause such animal to be constantly confined in a building or enclosure so as to prevent it from coming into contact with male animals of the same species old enough to attempt to breed with the female animal. This prohibition shall not apply to planned breeding which occurs with the permission of the custodians of the male and female animal which attempt to breed, and which occurs on the property of the custodian of either the male or female animals, or at a kennel. Any person found in violation of this Ordinance shall be subject to the fine amount and severity of punishment contained in the City's Consolidated Bail Schedule, adopted by Resolution of the City Council.
13-405. - Possession of a Potentially Dangerous Animal.#
(1)
Any person who owns or maintains a potentially dangerous animal shall use all reasonable means at his or her disposal to restrict a potentially dangerous animal from injuring any other person or animal. The Animal Services Division may, at their discretion, from time to time impose specific restrictions regarding the housing of potentially dangerous animals.
(2)
Any person convicted of violating this section shall be subject to the fine amount and severity of punishment contained in the City's Consolidated Bail Schedule, adopted by Resolution of the City Council.
13-406. - Failure to Properly Confine a Potentially Dangerous Animal.#
(1)
It shall be unlawful for any owner of any potentially dangerous or dangerous animal(s) to allow to run at large or to fail to hold the same in the manner specified for such animal by the Animal Services Division.
(2)
Any person convicted of violating this section shall be subject to the fine amount and severity of punishment contained in the City's Consolidated Bail Schedule, adopted by Resolution of the City Council.
13-407. - Animals Running at Large Prohibited.#
It shall be unlawful for any owner to allow any animal as defined herein to run at large.
13-408. - 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. Cross reference— (See Tremonton City Code Zoning Ordinance 1.19.065 (Keeping Chickens) for additional information.)
13-409. - Staking Animals Improperly on Unenclosed Premises.#
It is 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 of the owner of the affected property, or the person with whom they share joint tenancy. It shall be unlawful to chain, stake out or tether any animal to public property or to allow an animal so staked or tethered to go upon public property.
13-410. - Animal Waste.#
The person having custody of an animal shall be responsible for the immediate removal of any excreta deposited by their animal on any public walk, recreation area, or private property other than that belonging to the owner of the animal.
13-411. - Wild Animals Prohibited.#
It shall be unlawful for any person to sell, offer for sale, barter, give away, keep, or purchase any wild animal or reptile, except the animal shelter, a zoological park, veterinarian hospital, humane society, shelter, bona fide laboratory, circus, sideshow, amusement show, a properly licensed individual or a facility for education or scientific purposes. 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.
13-412. - Animals Attacking Domestic Animals, Service Animals, Hoofed Protected Wildlife, or Domestic Fowls.#
Any person may injure or kill an animal while: (1)
That animal is attacking, chasing, or worrying:
(a)
A domesticated animal;
(b)
A service animal, as defined in Section 62A-5b-102, Utah Code (as amended); or
(c)
Any species of hoofed protected wildlife;
(2)
The animal is attacking domestic fowls; or
(3)
The animal is being pursued for committing an act described in Subsection (1) or (2) above and the pursuit is not maintained in such a manner that continuing it may cause the potential for injury to other persons or property.
13-413. - Restraint of Guard and Attack Dogs#
(1)
Every owner of a guard or attack dog shall keep such dog securely confined in a building, compartment, cage, or other enclosure so that it cannot escape.
(2)
The provisions of this Title shall not apply to dogs owned or controlled by government law enforcement agencies.
(3)
Any person convicted of violating this section shall be subject to the fine amount and severity of punishment contained in the City's Consolidated Bail Schedule, adopted by Resolution of the City Council.
13-414. - Animals Attacking Persons and Other Animals.#
(1)
Attacking animals. It shall be unlawful for the owner, custodian, or person having charge, care, custody or control of any animal to allow to or fail to prevent said animal from attack, bite, chase or worry any person, any domestic animal or fowl, or any species of hoofed or protected wildlife.
(2)
Custodian liability. A custodian in violation of Subsection (1) above shall be strictly liable for a violation of this Title by an animal in their care.
(3)
Mitigating Factors. The following factors may be considered in determining the penalties, restitution, or may be considered by the prosecutor in recommending the dismissal of the charge:
(a)
That the custodian of the animal took reasonable precautions to confine or control the animal;
(b)
That the animal was deliberately or maliciously provoked; or
(c)
The animal was responding to pain or injury.
(4)
Any person convicted of violating this section shall be subject to the fine amount and severity of punishment contained in the City's Consolidated Bail Schedule, adopted by Resolution of the City Council.