Chapter 2
ANIMAL CONTROLlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6304
5-2-1: DEFINITIONS:
5-2-2: ANIMAL CONTROL OFFICER:
5-2-3: ANIMAL IMPOUNDMENT:
5-2-4: LICENSING REQUIREMENTS:
5-2-5: CRUELTY TO ANIMALS PROHIBITED:
5-2-6: DANGEROUS OR VICIOUS ANIMALS:
5-2-7: CONTROL OF RABIES AND RABID ANIMALS:
5-2-8: ANIMALS AT LARGE:
5-2-9: DOGS AT LARGE; PENALTY FOR VIOLATION:
5-2-10: PROHIBITED ACTS AND CONDITIONS:
5-2-11: IMPOUNDING:
5-2-12: ESTRAYS:
5-2-13: COMMERCIAL ANIMAL ESTABLISHMENT PERMITTING:
5-2-14: GENERAL STANDARDS FOR COMMERCIAL ANIMAL ESTABLISHMENTS:
5-2-15: KENNELS:
5-2-16: PET SHOPS:
5-2-17: FANCIER AND HOBBY PERMITS:

5-2-1: DEFINITIONS:linklink


As used in this chapter, unless the context otherwise indicates, the following definitions shall apply:

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

ANIMAL CONTROL OFFICER: The person or persons selected by the City Council, or the Police Chief, to be responsible for the operation of the pound and/or enforcement of the Santaquin animal control regulations.

ANIMAL GROOMING PARLOR: Any commercial establishment maintained for the purpose of offering cosmetic services for animals for a fee.

ANIMAL SHELTER: Any facility owned, operated or maintained for the care and custody of seized, stray, homeless, quarantined, abandoned, unwanted animals or animals held for the purpose of protective custody under the authority of this title or State law. Such may include a City facility or on site impound.

AT LARGE: Off the premises of the owner and not under the immediate control of the owner or a member of the owner's immediate family either by leash, cord, chain or electronic control device.

BODILY INJURY: Any physical pain, illness, or any impairment of physical condition.

BREEDER: Anyone who causes or allows the breeding of any household pet identified within this chapter, or makes that household pet available to be bred.

COMMERCIAL ANIMAL ESTABLISHMENT: Any pet shop, animal grooming parlor, guard dog location or exhibition, riding school or stable, zoological park, circus, rodeo, animal exhibition, cattery, kennel, or animal breeding or boarding establishment.

DOG: Any Canis familiaris six (6) months of age or older. Any Canis familiaris under six (6) months of age is a puppy.

ESTRAY: Shall be as defined under Utah Code Annotated section 4-25-102 as may be amended from time to time.

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

IMPOUNDED: Having been received into the custody of the City pound or into the custody of any authorized agent or representative of the City.

KENNEL: A commercial establishment having three (3) or more dogs or puppies over six (6) months old on the premises. A kennel is only allowed for commercial purposes and only in specified zones.

ON SITE IMPOUND: The place where an impounded animal is held under seizure by law enforcement personnel, animal services personnel or an agent thereof, pending transportation or court seizure order.

OWNER: When applied to the proprietorship of a dog, shall mean any person or persons, firm, association or corporation owning, keeping or harboring a dog.

PET SHOP: Any commercial establishment properly licensed to maintain, keep or display dogs, cats, birds or other household pets for sale. "Pet shop" does not include government animal shelters, humane shelters as defined by statute, or veterinary clinics whose major business is veterinary medicine.

POUND: An animal shelter, lot, premises or building maintained by or authorized or employed by the City for the confinement or care of dogs or other household pets, estrays or other valuable animals seized either under the provision of this chapter or otherwise.

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

SERIOUS BODILY INJURY: 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.

STRAY: Any animal "at large", as defined herein.

SUBSTANTIAL BODILY INJURY: 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.

UNLICENSED DOG: A dog for which the license for the current year has not been paid, or to which the license tag provided for in this chapter is not attached.

VICIOUS ANIMAL: Any animal, other than a dog, with a known propensity, tendency, or disposition to attack without justification, to cause bodily injury to, or to otherwise endanger the safety of humans or domestic animals.

VICIOUS DOG: A dog that, without justification, has: bitten, attacked, harassed, or caused bodily injury to or death of a person or domestic animal; or worried a domestic animal. As used in this chapter, the term worried means to harass by tearing, biting or shaking with the teeth. (Ord. 06-01-2018, 6-6-2018)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6304#s1254558
5-2-2: ANIMAL CONTROL OFFICER:linklink


A. Appointment: Until such time as an animal control officer is appointed, the Chief of Police, or his designee, shall be the acting animal control officer.


B. Duties: The animal control officer shall perform the following duties:

1. Carry out and enforce the provisions of this chapter.

2. Take into his possession and impound all strays running at large and dispose of the same as hereinafter provided.

3. Enforce the licensing of and control of all dogs within the City as hereinafter provided.

4. File complaints in the courts against any person failing to comply with the provisions of this chapter and obtain licenses when required thereunder.

5. Capture and secure all dogs found running at large contrary to the provisions of this chapter and impound such dogs in a humane manner.

6. Provide for a good and sufficient pound in which all animals duly committed to his charge or otherwise impounded by him shall be maintained.

7. Enter a description thereof in records kept for that purpose stating the kind of animal, the circumstance under which received or impounded, and a description thereof sufficient to provide identification, the costs expended for the maintenance of the animal and amounts received arising out of maintenance or sale of animals.


C. Shall Charge Fees For Services: The animal control officer shall charge, and the owners of animals taken into his possession for impound disposal or other services shall pay, such fees and charges for services performed by the pound or animal control officer as the City Council shall establish from time to time by resolution. All fees received by the animal control officer shall be paid over to the City.


D. Interference With Animal Control Officer Prohibited: It shall be unlawful for any person to interfere, molest, hinder or obstruct the animal control officer or any of his authorized representatives in the discharge of their duties as herein prescribed. (Ord. 2-1-97, 2-4-1997, eff. 2-5-1997)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6304#s1254559
5-2-3: ANIMAL IMPOUNDMENT:linklink

The City may operate and maintain an on site impound and/or animal shelter for the purpose of providing suitable premises and facilities to house animals which may temporarily be in the custody of the City. The City may also contract with an adjoining municipality, a private business or with the County for such facilities. Any facilities utilized by the City for the temporary care of animals shall be maintained in some convenient location and shall be sanitary and so operated as to properly feed, water and protect from injury any animals therein. (Ord. 5-06-2015, 6-3-2015, eff. 6-4-2015)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6304#s1254560
5-2-4: LICENSING REQUIREMENTS:linklink


A. Licensure And Registration: It is unlawful for any person to keep, harbor, or maintain any dog over the age of six (6) months unless such dog has been registered and licensed in the manner herein provided.

1. Application:

a. Application for registration and licensing shall be made to the City, the district, or other entity approved for licensing by the City. The owner shall state at the time of application his name and address, and the name, sex, breed, and color of each dog owned or kept by him. The owner shall provide proof of the animal's current rabies vaccination and of its reproductive status at time of application.

b. The owner of any newly acquired dog over six (6) months of age shall make an application for registration and license within thirty (30) days after such acquisition, or when the dog attains the above stated age.

2. Annual Renewal: Licenses are to be renewed annually on or before June 1. Exception: New licenses which are purchased after March 1 of any year will expire on June 1 of the following year.

3. Issuance And Display Of Tag: Upon payment of the license fee, a tag shall be issued to the owner, a license receipt and a numbered metallic tag for each dog so licensed. The tag shall be issued on a onetime basis and the number recorded for purposes of animal identification. The owner shall provide each dog with a collar to which the license tag shall be affixed and shall assure that the collar and tag are constantly worn. It shall be unlawful to deprive a registered dog of its collar and/or tag.

4. Duplicate Tag: In the event a dog tag is lost or destroyed, a duplicate tag will be issued upon presentation of a receipt, showing the payment of the license fee for the current year, and payment of the replacement fee.

5. Tag Not Transferable: Dog tags shall not be transferable from one dog to another.


B. License Fees:

1. Fees: All fees for dog licensure are payable to the City prior to issuance of a license. Fees shall be based on the reproductive status of the animal.

2. Kennel Fees: Anyone operating a dog kennel shall be required to pay an annual kennel license fee, which shall be in addition to fees established for licensing of dogs.

3. Established: All fees shall be established by resolution of the City Council.

4. Refunds: Refunds shall not be made on any dog license fee because of the death of the animal, or because the owner is leaving the City before expiration of the license period.


C. Licensing Exemptions:

1. Temporary Residents: The provisions of this section shall not be intended to apply to dogs whose owners are nonresidents temporarily within the City, nor to dogs brought to the City for the purpose of participating in any dog show or to board in any kennel.

2. Guide Dogs: Dogs used as guides for blind persons, commonly known as seeing eye dogs, shall be licensed and registered as other dogs hereinabove provided; except that the owner or keeper of such dog shall not be required to pay any fee therefor. (Ord. 5-06-2015, 6-3-2015, eff. 6-4-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6304#s1254561
5-2-5: CRUELTY TO ANIMALS PROHIBITED:linklink

It shall be unlawful for any person to:


A. Treat In Cruel And Inhumane Manner: Wilfully or maliciously kill, maim, disfigure, burn or scald, overdrive, overload, overwork, torture, cruelly beat, mutilate, or carry or transport in any vehicle or other conveyance in a cruel and inhumane manner, any animal or cause any of these acts to be done.


B. Abandon: Abandon or turn out at large any animal, but such animal shall, when rendered useless by reason of sickness or other disability, be killed by the owner thereof and its carcass disposed of in such manner as to create no nuisance or hazard to health.


C. Poison: To administer poison to any animal or to expose any poisonous substance with the intent that it shall be taken by any such animal to cause harm or death. This provision shall not be interpreted so as to prohibit the use of poisonous substances for the control of vermin when applied in such a manner as to reasonably prohibit access to other animals.


D. Fail To Provide Care: Fail to provide any animal in his charge or custody with necessary sustenance, drink and protection from the elements, or cause any of these acts to be done.


E. Intentionally Exhibit: Intentionally exhibit any stud, horse or bull or other animal indecently, or let any male animal to any female animal for the purpose of providing entertainment or viewing to any person.


F. Maintain Place Of Exhibition: Maintain any place where fowl or any animals are suffered to fight upon exhibition or for sport upon any wager. (Ord. 2-1-97, 2-4-1997, eff. 2-5-1997)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6304#s1254562
5-2-6: DANGEROUS OR VICIOUS ANIMALS:linklink


A. Dog Attacking Persons:

1. Allowing Dog To Attack: It shall be unlawful for the owner or person having charge, care, custody or control of any dog to allow such dog to bite, attack, or harass any person.

2. Owner Liability: The owner in violation of subsection A1 of this section shall be strictly liable for any violation of this section. The owner of such dog shall also be liable for damages to any person injured thereby.

3. Defenses: It shall be a defense to any charge under this section that:

a. The act was committed within the home or curtilage of the owner of the dog; and the person attacked was not an occupant, invitee, or a person within an area of the owner's property where a reasonable person would believe he or she would be permitted to enter.

b. A reasonable person would believe the action of the dog was maliciously provoked.

c. A reasonable person would believe the dog acted to protect another person or animal and the victim did not suffer death, substantial bodily injury or serious bodily injury.

4. Mitigating Circumstances: The following shall be considered in mitigating the fines or damages upon conviction of a violation of this section:

a. That the dog was properly confined on the premises.

b. That the dog was negligently provoked.

5. Penalties (First Offense): Upon conviction of allowing a dog to attack a person under subsection A1 of this section, the Judge or Justice shall impose one of the following conditions upon the owner of the dog:

a. The humane destruction of the animal.

b. The removal of the dog from Santaquin City to another location that meets the conditions imposed by the court including appropriate notice of the finding of a "vicious dog" to any future owner or custodian.

c. Enhanced supervision requirements, including:

(1) Indoors and attended, the dog must be under the control of a person eighteen (18) years of age or older;

(2) Indoors and unattended, the dog must be secured inside the premises in such a manner that it cannot escape the premises;

(3) Outdoors and attended, the dog must be attended by a person eighteen (18) years of age or older and kept within a fenced area from which it cannot escape or kept on a leash no longer than six feet (6') and muzzled. Such muzzle shall be designed to prevent injury to the dog or interfere with its vision or respiration but shall prevent it from biting any person or animal; and

(4) Outdoors and unattended, the dog must be confined to an escape-proof fixed dog run of the following description:

(A) Such fixed dog run shall allow the dog to stand normally and without restriction, and shall be at least two and one-half (2.5) times the length of the dog, and shall protect the dog from the elements.

(B) Fencing materials shall not have openings with a diameter of more than two inches (2"), and in the case of wooden fences, the gaps shall not be more than two inches (2").

(C) Any gates within such fixed dog run or structure shall be lockable and of such design as to prevent the entry of children or the escape of the animal, and when the dog is confined to such fixed dog run and unattended, such locks shall be kept locked.

(D) At the discretion of the Judge or Justice, the fixed dog run may be required to have double exterior walls to prevent the insertion of fingers, hands or other objects.

(E) At the discretion of the Judge or Justice, installation and placement of a sign or signs advising the public of the presence and tendencies of said animal.

d. All enhanced security provisions ordered by the court shall be the sole responsibility of the dog owner, who shall file proof of compliance with the court each month during any period of probation, and annually thereafter for so long as the dog is kept within the City. Proof of compliance means written affirmation by a veterinarian or law enforcement official.

6. Penalties (Second Or Subsequent Offense): Upon a second conviction of allowing a dog to attack a person under subsection A1 of this section, the Judge or Justice shall impose one of the following conditions upon the owner of the dog:

a. The humane destruction of the animal.

b. A five hundred dollar ($500.00) fine and the removal of the dog from Santaquin City to another location that meets the conditions imposed by the court including appropriate notice of the finding of a "vicious dog" to any future owner or custodian.

7. Dogs May Be Killed: Any person may kill a dog while it is committing any of the acts specified in subsection A1 of this section or while such dog is being pursued thereafter.


B. Dog Attacking Animal:

1. Allowing Dog To Attack An Animal: It shall be unlawful for the owner or person having charge, care, custody or control of any dog to allow such dog to bite, attack, harass, or worry any domestic animal having a commercial value, or any species of hoofed protected wildlife, or to attack domestic fowl. "Worry", as used in this section, shall mean to harass by tearing, biting or shaking with the teeth.

2. Owner Liability: The owner shall be strictly liable for any violation of subsection B1 of this section. The owner of such dog shall also be liable for damages to the owner of any animal injured or destroyed thereby.

3. Defenses: It shall be a defense to any charge under this section that the act was committed within the home or curtilage of the owner of the dog; and the animal attacked was not within an area of the owner's property where a reasonable person would believe he or she would be permitted to enter.

4. Mitigating Circumstances: The following shall be considered in mitigating the fines or damages upon conviction of a violation of this section:

a. That the dog was properly secured.

b. That the dog was provoked.

c. That the dog was protecting another animal or person.

5. Penalties (First Offense): Upon conviction of allowing a dog to attack an animal under subsection B1 of this section, the Judge or Justice shall impose one of the following conditions upon the owner of the dog:

a. The removal of the dog from Santaquin City to another location that meets the conditions imposed by the court including appropriate notice of the finding of a "vicious dog" to any future owner or custodian.

b. Enhanced supervision requirements, including:

(1) Indoors and attended, the dog must be under the control of a person eighteen (18) years of age or older;

(2) Indoors and unattended, the dog must be secured inside the premises in such a manner that it cannot escape the premises;

(3) Outdoors and attended, the dog must be attended by a person eighteen (18) years of age or older and kept on a leash no longer than six feet (6'); or, kept within a fenced area from which it cannot escape; and

(4) Outdoors and unattended, the dog must be confined in a fenced area from which it cannot escape.

c. A fenced area in which a dog is confined shall allow the dog to stand normally and without restriction, and shall be at least two and one-half (2.5) times the length of the dog, and shall protect the dog from the elements.

d. A fenced area in which a dog is confined shall be lockable and of such design as to prevent the entry of children or the escape of the animal, and when the dog is confined to such fixed dog run and unattended such locks shall be kept locked.

e. At the discretion of the Judge, installation and placement of a sign or signs advising the public of the presence and tendencies of said animal.

6. Penalties (Second Offense): Upon a second or subsequent conviction of allowing a dog to attack an animal under subsection B1 of this section, the Judge or Justice shall impose one of the following conditions upon the owner of the dog:

a. The humane destruction of the animal.

b. A five hundred dollar ($500.00) fine and the removal of the dog from Santaquin City to another location that meets the conditions imposed by the court including appropriate notice of the finding of a "vicious dog" to any future owner or custodian.

7. Dogs May Be Killed: Any person may kill a dog while it is committing any of the acts specified in subsection B1 of this section or while such dog is being pursued thereafter.


C. Fierce, Dangerous Or Vicious Animals: It shall be unlawful for any person to own, keep or harbor any vicious dog, or any other fierce, dangerous or vicious animal in the City, unless permitted by a court with conditions imposed as described in subsection A5c of this section. For purposes of this subsection, the term "vicious dog" shall have the meaning set forth in section 5-2-1 of this chapter and shall also include any dog that is or has ever been the subject of any violation of this section or of any similar law, statute or ordinance of this or any other jurisdiction. Each day that said violation is not mitigated after written notice to the owner's address by the City will be considered a separate violation.


D. Dogs Used For Law Enforcement Purposes: The provisions of this section do not apply to dogs used for law enforcement purposes by the Police Department or other public law enforcement agencies. (Ord. 06-01-2018, 6-6-2018)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6304#s1254563
5-2-7: CONTROL OF RABIES AND RABID ANIMALS:linklink


A. Rabies Vaccination Required: It shall be unlawful for the owner of any dog to suffer, allow, or permit such dog to be or go upon any sidewalk, street, alley, public place, or square within the City without first having had such dog vaccinated every three (3) years against rabies as provided in subsection B of this section within the past three (3) years, and without there being on such dog a collar or harness with a license tag thereon showing that such dog has been so vaccinated. Exception: Puppy vaccinations for rabies are good for only one year.


B. Vaccination By Licensed Veterinarian; Exception: Every owner of any dog over the age of six (6) months within the City shall have the dog vaccinated against rabies by a duly licensed veterinarian, shall secure from the veterinarian a certificate thereof, and shall attach to the collar or harness, which such person is hereby required to place upon the dog, a tag showing that such vaccination has been done; provided, that the City Council may, by resolution, provide that the owners of any dog may themselves purchase serum and vaccinate their own dogs. The resolution shall also prescribe the conditions with which the owner must comply to obtain the tag herein required.


C. Reporting Of Rabid Animals: Anyone having knowledge of the whereabouts of an animal known to have or suspected of having rabies shall report the fact immediately to the animal control officer.


D. Biting Animal Quarantined: Any dog or other animal of a species subject to rabies which is known to have bitten or injured any person so as to cause an abrasion of the skin shall be placed in confinement under observation of a veterinary hospital or the City pound and shall not be killed or released until at least fourteen (14) days after the biting or injury has occurred in order to determine whether or not the animal has rabies. If the animal dies or has been killed, its head shall be removed and immediately taken to the State health laboratory to be examined for rabies.


E. Bitten Animal Quarantined: Any animal of a species subject to rabies which has been bitten by a known rabid animal or has been in intimate contact with a rabid animal shall be isolated in a suitable place approved by the animal control officer for a period of one hundred twenty (120) days or destroyed.


F. Knowledge Of Bite: 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 the animal control officer. (Ord. 2-1-97, 2-4-1997, eff. 2-5-1997)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6304#s1254564
5-2-8: ANIMALS AT LARGE:linklink

No chickens, fowl, cattle, horses, mules, sheep, goats, llamas, swine or other animals shall be allowed to run at large or to be herded, picketed, or staked out upon any street, sidewalk, or other public place within the limits of the City, and all such animals so found may be impounded. (Ord. 02-01-2015, 3-4-2015, eff. 3-5-2015)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6304#s1254565
5-2-9: DOGS AT LARGE; PENALTY FOR VIOLATION:linklink


A. Unlawful Acts: It shall be unlawful:

1. For the owner or keeper of any dog to permit such dog to run at large.

2. For an owner of a dog to permit such dog to go upon or be upon the private property of any person without the permission of the owner or person entitled to the possession of such private property.


B. Violation Regardless Of Precautions: The owner of any dog running at large shall be deemed in violation of this section regardless of the precautions taken to prevent the escape of the dog and to prohibit it from running at large.


C. Declared Nuisance: Any dog running at large in violation of the provisions of this section is hereby declared to be a nuisance and a menace to the public health and safety, and the dog shall be taken up and impounded as provided in this chapter.


D. Penalties:

1. Misdemeanor: Any person violating any provision of this section may be charged with a class B misdemeanor and upon conviction thereof shall be punished by a fine as stipulated in the Santaquin City ordinance fine and bail schedule, by imprisonment as stipulated in the Utah state code, or by both such fine and imprisonment. Each day that said violation is not mitigated will be considered a separate violation.

2. Impounding: Duly authorized agents of the city may indefinitely impound dogs which are nuisances or which have been treated cruelly. Owners shall be liable for any impounding and/or capture fees.

3. Loss Of Privilege: In the event that any combination of the owner(s) and/or resident(s) of any dwelling is/are convicted of any violation of this chapter on three (3) or more occasions during any twelve (12) month period, the judge shall order that no dog may be kept on the property so long as any of the aforementioned offending owners or residents reside thereon.


E. Retrieval Of Dog: Prior to retrieving an impounded dog, the owner will also be required to furnish evidence that the dog is licensed and is current on rabies immunizations, in accordance with sections 5-2-4 and 5-2-7 of this chapter. If the dog does not have a license, or is not properly immunized, a citation will be issued. The owner will then have up to fourteen (14) days to obtain a license and/or have the dog immunized and submit proof of such action to the proper authority. (Ord. 08-01-2013, 8-21-2013, eff. 8-22-2013)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6304#s1254566
5-2-10: PROHIBITED ACTS AND CONDITIONS:linklink


A. Disposition Of Dead Animals; Violation: The owner of any animal that has died or been killed shall remove or bury the carcass of such animal within ten (10) hours after its death. No horse, cow, or other hoofed animal shall be buried within the city. A violation of this section is a class C misdemeanor and subject to penalty as provided in section 1-4-1 of this code.


B. Diseased Animals: It is a class C misdemeanor and subject to penalty as provided in section 1-4-1 of this code for any person to bring into the city for sale or have in his possession with intent to sell or offer for sale, any animal which has a communicable disease or which has been exposed to or which is liable to carry infection from a communicable disease.


C. Diseased Animals For Human Consumption: It is a class C misdemeanor and subject to penalty as provided in section 1-4-1 of this code for any person to bring into the city for sale or to sell, or offer for sale any cattle, sheep, swine, fish, game, fowl, or poultry which is diseased, unsound, and unwholesome or which for any other reason is unfit for human food.


D. Female Dogs In Heat: The owner of a female dog in heat shall cause such dog to be penned or enclosed in such a manner as to preclude other dogs from attacking such female dog or being attracted to such female dog so as to create a public nuisance.


E. Unlawful To Harbor Stray Dogs: It shall be unlawful for any person to harbor or keep within the city any lost or stray dog. Whenever any dog shall be found which appears to be lost or stray, it shall be the duty of the finder to notify the animal control officer, who shall impound for running at large contrary to the terms of this chapter. If there shall be attached to such dog a license tag, the animal control officer shall notify the person to whom such license was issued, at the address given on the license of record.


F. Loud Or Offensive Animals: No person shall own, keep, or harbor any dog which by loud, continued, or frequent barking, howling, yelping, or by noxious or offensive odors shall annoy, disturb, or endanger the health and welfare of any person or neighborhood. A violation of this subsection shall be a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code, and such is hereby declared to be a nuisance, and each day a violation is permitted to exist or continue shall constitute a separate offense. This subsection shall not apply to the city pound, veterinary hospitals or medical laboratories.


G. Trespassing Animals: It shall be unlawful for any owner or caretaker of any domestic fowl or animal to permit such fowl or animal to trespass upon the premises of another person. (Ord. 2-1-97, 2-4-1997, eff. 2-5-1997)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6304#s1254567
5-2-11: IMPOUNDING:linklink


A. Authorization To Impound: Every police officer or other designated official is authorized to apprehend any household pet found running at large, not wearing his tag, or which is in violation of this chapter and to impound such household pet in the on site impound or other suitable place. The animal control officer, or some other designated official, upon receiving any household pet, shall make a complete registry, entering the breed, color and sex of such household pet and whether licensed. If licensed, he shall enter the name and address of the owner and number of the license.


B. Interference With Impounding Prohibited: It shall be unlawful for any person to hinder, delay, interfere with, or obstruct the animal control officer or any of his assistants while engaging in capturing, securing, or taking any household pet or household pet liable to be impounded, or to break open or in any manner directly or indirectly aid, counsel, or advise the breaking open of any impoundment container or vehicle used for the collecting or conveying of animals to an animal shelter or on site impound.


C. Records Maintained By Animal Control Officer: The animal control officer shall keep a record of each animal impounded by him, the date of receipt of such animal, the date and manner of its disposal and if redeemed, reclaimed, or sold, the name of the person by whom redeemed, reclaimed, or purchased, the address of such person, the amounts of all fees received or collected for or because of the impounding, reclaiming or purchasing thereof, together with the number of any tag and the date of any tag exhibited or issued upon the redemption or sale of such animal.


D. Redemption Of Impounded Household Pets: Any household pet impounded as a licensed or unlicensed household pet may be redeemed and taken from the on site impound or animal shelter by the owner or any authorized person, upon exhibiting proper licensure and vaccination of the household pet or upon signing a citation promising to appear for failure to license or vaccinate as appropriate the household pet being redeemed.


E. Disposition Of Unclaimed Or Infected Household Pets: All impounded household pets not redeemed within five (5) days of the date of impounding may be destroyed or sold to the person first making written request for purchase at such price as may be deemed agreeable. In the case of household pets severely injured or having contagious disease other than rabies and which in the animal control officer's judgment are suffering and recovery is doubtful, the animal control officer may destroy the household pet without awaiting the five (5) day period. (Ord. 5-06-2015, 6-3-2015, eff. 6-4-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6304#s1254568
5-2-12: ESTRAYS:linklink


A. Responsibility For Disposition Of Estrays: Each county is responsible for the disposition of all estrays found within its boundaries. The provisions of this section apply only to the extent of an applicable agreement between the city and the county in which an estray is located. (Ord. 08-01-2007, 8-15-2007, eff. 8-16-2007)


B. Notice Of Sale: Within three (3) days after an estray shall come into the possession of the animal control officer, he shall advertise the same in a newspaper published in and having general circulation in the county by publishing a notice in at least one issue of the newspaper, and by posting notices for a period of ten (10) days in three (3) public places in the city, one of which places shall be at or near the post office. He shall immediately deliver a copy of such notice to the county clerk or mail the same to him by registered letter. The notice so filed with the county clerk should be available during reasonable hours for inspection by the public free of charge. The notice herein provided for shall contain a description of the animals, including all marks and brands, when taken, and the day, hour, and place of sale, which shall be not less than ten (10) days or more than twenty (20) days from the time of posting such notice. Such notice form is on file in the office of the court clerk.


C. Return To Owner Upon Payment: If at any time before the sale of any estrays, such animals shall be claimed and proved to be the property of any person, the animal control officer shall release them to the owner upon receiving from him the cost of impounding, keeping and advertising the same.


D. Unclaimed Animals:

1. Sold To Highest Bidder: If the animals are not so claimed and taken away, the animal control officer shall, at the time and place mentioned in the notice, proceed to sell the same, one at a time, to the highest cash bidder, and shall execute and deliver a bill of sale transferring said animals to the purchaser or purchasers thereof. The bill of sale shall be such form as is on file in the office of the court clerk.

2. Bill Of Sale Filed With County Clerk: The animal control officer shall immediately file a copy of such bill of sale with the county clerk or forward the same to him by registered mail. Such bill of sale shall transfer and vest in such purchaser the full title to the animals thus sold.


E. Records Maintained By Animal Control Officer: The animal control officer shall keep an accurate record of all estrays received by him, their age, color, sex, marks, and brands, the time and place of taking and the expense of keeping and selling the same, all animals claimed and taken away, all animals sold and to whom sold and the amount paid, all monies paid to owners after sale, all monies paid into the treasury, and all other matters necessary for compliance with the provisions of this section. The city council shall provide the animal control officer with a suitable book in which shall be entered the records required by law to be kept by the animal control officer. Such records shall be open to the inspection of the public at all reasonable hours, and shall be deposited by the animal control officer with his successor in office.


F. Regulations For Trespassing Estrays Causing Damage:

1. Recovery Of Damages: If any cattle, horses, asses, mules, sheep, goats or swine shall trespass or do damage upon the premises of any person, the party aggrieved, whether he be the owner or the occupant of such premises, may recover damages by an action at law against the owner of the trespassing animals or by distraining and impounding the animals in the manner provided.

2. Appraisal Of Damages: The owner or occupant of any property may distrain any or all of said animals trespassing or doing damage thereon. He shall, within forty eight (48) hours thereafter, deliver said animals to the animal control officer together with a certificate of the appraisal of the damage done by such animals. Such appraisal must be made by some disinterested person. It must state the amount of the damage, the time when committed, the name of the person damaged, the name of the owner of the animals, if known, and if not known, it must state that fact together with a description of the animals, including all visible marks and brands. If the animals appear to be owned by different parties, a separate appraisement and a separate certificate thereof shall be made of the damage done by the lot or group of animals which appear to belong to each of the different owners. In such cases, the owners shall be notified separately, and each lot or group of animals shall be advertised and sold separately in the same manner as though the damage had been done by different animals at different times.

3. Owner Notified: The person distraining the animals must, if the owner of the same be known to him and if he resides within ten (10) miles of the place of the trespass, immediately deliver to such owner, or leave at his place of residence if he cannot be found, a copy of such certificate of appraisement; but if the owner does not live within ten (10) miles of the place of trespass, the party distraining the animals may at his option deliver a copy of such certificate to the owner in person, or deposit the same in the nearest post office in a registered letter addressed to said owner. He shall be entitled to charge thirty cents ($0.30) a mile for the miles necessarily traveled in delivering such certificate, to be taxed as costs against the animals.

4. Failure To Notify Owner Waives Damages: If the party distraining any animals shall fail to deliver them or the certificate of appraisement to the animal control officer within forty eight (48) hours, or shall fail to deliver to the owners of the animals, if known, a copy of the certificate of appraisal within forty eight (48) hours after he receives the same or to deposit the same in a post office as herein provided, he shall not be entitled to recover damages under the provisions of this section.

5. Duty Of Animal Control Officer If Owner Unknown: Whenever any animals are delivered to the animal control officer and the certificate of appraisement is filed with him as herein provided and such certificate states that the owner is unknown, the animal control officer shall immediately examine all brand books or brand sheets available. If the owner be ascertained thereby or if the owner be already known to the animal control officer, he shall, if the owner lives within ten (10) miles, immediately deliver a copy of such certificate of appraisement to such owner, or leave the same at his residence if he cannot be found. If the owner lives more than ten (10) miles away, the animal control officer may at his option deliver such copy personally to the owner, or deposit the same in the nearest post office in a registered letter addressed to such owner. He shall, however, serve a copy in one of the ways provided herein; provided, that whenever personal service of a copy of any paper is required by this chapter, service by agent shall be deemed sufficient.

6. Owner Entitled To Residue Of Proceeds: If any estrays or trespassing animals sold under the provisions of this section shall, within a period of six (6) months following the date of sale, be claimed and proved to be the property of any person, it shall be the duty of the treasurer at the expiration of such time to pay the money received for such animals to the owner thereof, less the amount of damages and the expense of taking, keeping, and selling the same. In the event such animals are not claimed as aforesaid, such money shall become the property of the city; provided, that in case there is a contest between two (2) or more persons claiming to be the owners of any such animals, the treasurer shall pay the residue to the party who shall establish by action his right to the same.

7. Records Maintained By Animal Control Officer: The animal control officer shall keep an accurate record of all trespassing animals received by him, which record shall contain all the items required by this chapter together with the names of the injured party and the owner of the animals, the amount of the damages claimed, and all other matters necessary to maintain a complete account of the transaction. Such record shall be open for inspection at all reasonable hours without charge.


G. Retaking Animal Unlawfully: It shall be unlawful for anyone to take any animal out of the possession of anyone lawfully holding the same under the provisions of this section, either by stealth, force, fraud, or to intercept or hinder any person lawfully taking up or attempting to take up such animals. (Ord. 2-1-97, 2-4-1997, eff. 2-5-1997)

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5-2-13: COMMERCIAL ANIMAL ESTABLISHMENT PERMITTING:linklink


A. Required Permit: It is unlawful for any person to operate or maintain a commercial animal establishment facility or any similar establishment, except a licensed veterinary hospital or clinic, unless such person first obtains a regulatory permit from the city business license administrator, in addition to all other required licenses.


B. Permit Procedures: All applications for permits to operate commercial animal establishments shall be submitted, together with the required permit fee, on a printed form provided by the city. Before the permit is issued, applicants must demonstrate compliance with all applicable regulations of this title to the animal control officer and appropriate zoning authority.


C. Permit Renewal: Permits must be renewed on an annual basis in accordance with Santaquin business license regulations. All commercial animal establishments shall be inspected by the animal control officer and found in compliance with all applicable laws before a permit will be renewed.


D. Nontransferable Permit: Permits issued pursuant to this code are nontransferable.


E. Display Of Permit Required: A permit issued under this chapter shall be prominently displayed in the business office of the commercial animal establishment or animal shelter.


F. Permit Inspections: The animal control officer or other authorized employee of the city may, during business hours, or at any time upon reasonable notice, inspect a permitted establishment for compliance with the regulations contained herein. If an inspection reveals a violation of this chapter, the inspector shall notify the permit holder or operator of such violation and/or issue a citation.


G. Permit Denial, Suspension Or Revocation:

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

a. Falsification of facts in a permit application;

b. Material change in the conditions upon which the permit was granted;

c. Upon a third conviction, within any twelve (12) month period, of violation of any provisions of this chapter or any other law or regulation governing the permittee's establishment, including, but not limited to, noise and/or building and zoning ordinances; or

d. Upon any conviction on a charge of cruelty to animals.

2. Appeal Procedure: A permittee aggrieved by the suspension or revocation of his permit may file a written petition with the land use appeal authority within twenty (20) days of a decision for review or revocation of said permit.

3. Emergency Suspension: Notwithstanding any other provisions of this chapter, when the inspecting officer finds unsanitary or other conditions in the operation of kennels, animal grooming parlors, riding stables, pet shops, or any similar establishments, or premises of the holder of a permit obtained under this chapter, which in his judgment constitute an immediate and substantial hazard to public health or the health and safety of any animal, he may order the immediate seizure of any animals whose health and safety are at risk and order the owner or operator of the establishment to immediately cease operations.

4. Notice Of Suspension Of Permits; Service Procedures: Notice 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 business license administrator. (Ord. 5-06-2015, 6-3-2015, eff. 6-4-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6304#s1254570
5-2-14: GENERAL STANDARDS FOR COMMERCIAL ANIMAL ESTABLISHMENTS:linklink


A. The following standards of operation shall apply to all commercial animal establishments:

1. All commercial animal establishments shall be operated in such a manner as not to constitute a nuisance under title 4 of this code.

2. An isolation area shall be provided for any animals which are sick or diseased, to be sufficiently removed so as not to endanger the health of other animals.

3. Animals shall be caged or under control of the owner or operator at all times while in custody of the commercial animal establishment.

4. Care for all animals, whether or not owned by the establishment, shall comply with all the requirements of this chapter for the general care of animals as well as all applicable federal standards and specifications for the humane handling, care, treatment and transportation of specified animals, as well as any state and local laws or regulations which are adopted from time to time. Where a conflict is found between federal, state or local provisions for animal care or sheltering, the stricter shall apply.

5. All animals shall be supplied with sufficient good and wholesome food and fresh water as the feeding habits of such animals require.

6. All areas of the commercial animal establishment runs, yards, food storage, and auxiliary buildings shall be subject to inspection by authorized persons, in accordance with subsection 5-2-13F of this chapter. (Ord. 5-06-2015, 6-3-2015, eff. 6-4-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6304#s1254571
5-2-15: KENNELS:linklink

In addition to obtaining the permit required by section 5-2-13 of this chapter and compliance with the general standards of section 5-2-14 of this chapter, all kennels within the city shall comply with all zoning requirements and shall comply with the following standards:


A. Indoor Facilities:

1. Cages shall have a length and width that exceed the animal's length from the base of the tail to the tip of the nose by at least six inches (6"). Cage height shall exceed the animal's height by at least four inches (4"). Small animals may be caged together using their combined length according to the above formula. Cages shall be so constructed and be of such material as to be maintained in a sanitary condition.

2. The animal or cage room walls and floors shall be of material easily cleaned and kept in a sanitary condition.

3. Indoor rooms shall be properly screened, insect and vermin proof, properly ventilated to prevent drafts and remove odors. Heating and cooling should be provided as required, with sufficient light (preferably natural) to allow observation of animals, and sanitation.

4. Indoor shelter areas should be supplemented with exercise yards for animals which are maintained for extended periods.


B. Outdoor Facilities:

1. Animals shall be removed from indoor cages and be provided with an exercise yard for their use for such periods as determined by the size, age, and condition of the animal.

2. Outdoor areas shall be provided with windbreaks, roofing, and shelter adequate to protect the animals from the weather. They shall be adequately drained and maintained in a sanitary manner.

3. Adequate and sanitary means of disposing of droppings shall be provided.

4. All kennel runs shall be fenced (chainlink or welded wire); such fence to be separate and apart from property boundary fence by a minimum of ten feet (10'). Kennel runs shall have a minimum free and clear area of ten (10) square feet per animal.


C. Unattended Kennels: Kennels shall not be left unattended for a period in excess of twenty four (24) hours. An emergency name, address, and phone number must be posted in a conspicuous place at the front of the property for use by city authorities. (Ord. 5-06-2015, 6-3-2015, eff. 6-4-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6304#s1254572
5-2-16: PET SHOPS:linklink

In addition to obtaining the permit required by section 5-2-13 of this chapter and compliance with the general standards of section 5-2-14 of this chapter, pet shops within the city shall comply with all zoning requirements and shall comply with the following standards:


A. Pet shops shall not sell animals which are unweaned or so young or weak that their sale poses a serious risk of death or inadequate development to them.


B. A pet shop shall provide any purchaser, residing within the city, of any animal with an application for animal license, the form of which is prescribed by the city.


C. Pet shops shall provide written instructions to any purchasing customer for the proper care and control of the species purchased. (Ord. 5-06-2015, 6-3-2015, eff. 6-4-2015)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=6304#s1254573
5-2-17: FANCIER AND HOBBY PERMITS:linklink


A. Where permitted by the zoning ordinances, owners of dogs and cats may obtain a permit to keep more than three (3) dogs or cats in a residential area, provided:

1. All household pets on the premises are individually licensed if required by this code;

2. All adult household pets used for breeding are registered with a national registry, such as, but not limited to, the AKC, UKC or Field Dog;

3. Complies with zoning requirements, the health department and the applicable regulations for kennels;

4. All other provisions of this chapter are complied with, and no pet or premises is deemed to be a nuisance.

5. The maximum number of household pets allowed on the premises shall be the same as outlined under subsection 10-18-8C of this code.


B. The holder of a permit issued under this section may keep one litter intact until the animals reach six (6) months of age; one animal from the litter may be retained until it reaches twelve (12) months of age. At no time may the holder of a permit retain more animals than is indicated on the permit. (Ord. 5-06-2015, 6-3-2015, eff. 6-4-2015)

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