Chapter 4
ANIMAL CONTROLlinklink

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251
5-4-1: DEFINITIONS:
5-4-2: ANIMAL CONTROL OFFICIALS:
5-4-3: DAVIS COUNTY ANIMAL CONTROL SHELTER:
5-4-4: DOG LICENSING:
5-4-5: REGULATORY PERMITS:
5-4-6: CARE AND MAINTENANCE REQUIRED:
5-4-7: PROHIBITED ACTS AND ACTIVITIES:
5-4-8: ANIMALS ATTACKING PERSONS AND OTHER ANIMALS:
5-4-9: FIERCE, DANGEROUS OR VICIOUS ANIMALS AND GUARD DOGS:
5-4-9-1: LEASING TO OWNERS OF FIERCE, DANGEROUS OR VICIOUS ANIMALS:
5-4-10: WILD ANIMALS:
5-4-11: NUISANCE ANIMALS:
5-4-12: BITES AND ATTACKS; DUTY TO REPORT:
5-4-13: RABIES AND RABID ANIMALS:
5-4-14: IMPOUNDING:
5-4-15: ADMINISTRATIVE REMEDY:
5-4-16: PROCEDURE FOR COURT ORDER:
5-4-17: PENALTY:

5-4-1: DEFINITIONS:linklink


These terms, as used in this chapter, shall mean:

ANIMAL AT LARGE: Any domesticated animal, whether or not licensed, not under restraint.

ANIMAL BOARDING ESTABLISHMENT: Any establishment which takes in animals for boarding for a fee.

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

ANIMAL SHELTER: A facility, owned or operated by a governmental agency or any animal welfare organization that is incorporated with the state of Utah for the purpose of preventing cruelty to animals, and used for the care and custody of seized, stray, homeless, quarantined, abandoned or unwanted dogs, cats or other small domestic animals.

ANIMAL UNDER RESTRAINT: A. Any animal under the control of its owner or under the control of the person having charge, care, custody or control of the animal. 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.

B. An animal shall not be considered "under restraint" within the real property limits of the owner if an individual engaged in a normal activity may come in contact with such animal on the owner's property. There must be sufficient protection to ensure the individual's safety and warning is given of the presence of such animal.

ANIMAL WELFARE SOCIETY: Any organization incorporated within the state of Utah for the purpose of preventing cruelty to animals.

ATTACK: Any attempted biting or action by an animal which places a person or another animal in danger of imminent bodily harm. Actual physical contact shall not be required to constitute an attack.

BITE: Any injury to person or property inflicted by the teeth of an animal.

CAT: Any feline of the domesticated type.

CATTERY: An establishment for boarding, breeding, buying, grooming or selling cats for a fee.

DANGEROUS ANIMAL: Any animal that:

A. Is dangerously aggressive or uncontrollable, including, but not limited to, any animal which has bitten or in any manner attacked any person or animal with or without provocation whether on public or private property;

B. Has been previously found to be a potentially dangerous animal, whose owner has 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

C. Is found to be in violation of any of the restrictions placed upon the animal by the department pertaining to a potentially dangerous animal.

DOG: Any "Canis familiaris" over four (4) months of age. Any "Canis familiaris" under four (4) months of age is a puppy.

DOMESTICATED ANIMALS: Animals accustomed to living in or about the habitation of man, including, but not limited to, cats, dogs, fowl, horses, swine and goats.

GUARD DOG: A working dog that must be kept in a fenced run or other suitable enclosure during business hours, or on a leash or under absolute control, so it cannot come into contact with the public.

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

KENNEL: Any establishment having more than three (3) dogs older than four (4) months.

LEASH OR LEAD: Any chain, rope or device having tensile strength to restrain an animal.

PET: A domesticated animal kept for pleasure, such as birds, cats, dogs, fish, hamsters, mice and other animals associated with man's environment.

PET SHOP: An establishment where dogs, cats, birds or other pets are kept and displayed for sale.

POTENTIALLY DANGEROUS ANIMAL: Any animal:

A. That with or without provocation, chases, attacks, threatens or approaches a person, domestic animal or livestock in a threatening or menacing fashion, or apparent attitude of attack;

B. With a known propensity, tendency or disposition to attack a person, domestic animal, or livestock with or without provocation; or

C. That, because of witnessed and documented conduct is reasonably believed to be capable of causing injury to or otherwise poses a threat to the safety of a person, another animal or livestock.

QUARANTINE: The isolation of an animal in an enclosure so that the animal is not subject to contact with other animals or unauthorized persons.

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

STRAY: Any animal "at large".

VICIOUS ANIMAL: Any animal which has:

A. Inflicted severe injury on a human being with or without provocation on public or private property;

B. Killed a domestic animal with or without provocation while off the owner's property; or

C. 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 subsections 5-4-9E and G of this chapter.

WILD ANIMALS: Any animal of a species, however domesticated, that in its natural life is wild, including:

A. Alligators and crocodiles;

B. Bears (Ursidae): All bears including grizzly bears, brown bears or black bears;

C. Cat family (Felidae): All except the commonly accepted domesticated cats, and including cheetahs, cougars, leopards, lions, lynxes, panthers, mountain lions, tigers or wildcats;

D. Dog family (Canidae): All except domesticated dogs, and including wolves, foxes, coyotes or dingos;

E. Porcupines (Erethizentidae);

F. Primates (Hominidae): All subhuman primates;

G. Raccoons (Prosynnicae): All raccoons or ring tailed cats;

H. Skunks;

I. Venomous fish and piranha;

J. Venomous snakes or lizards;

K. Weasels (Mustelidae): All including weasels, martens, wolverines, ferrets, badgers, otters, ermine, mink or mongooses, except that persons raising members of this family as a business for their pelts shall not be prohibited by this chapter. (1989 Code § 13-20-1; amd. 2012 Code; Ord. 2014-11, 9-2-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086532
5-4-2: ANIMAL CONTROL OFFICIALS:linklink


A. Powers:

1. General Enforcement Powers: The animal control officers have the power and authority to enforce this chapter.

2. Impoundment: The animal control director and animal control officers are authorized and empowered to apprehend, take with them, and impound any animal found in violation of this chapter, including licensable dogs for which no license has been procured in accordance with this chapter, or any licensed or unlicensed dogs violating any provision of this chapter.

3. Right Of Entry: In the enforcement of the chapter, any peace officer or animal control officer is authorized to enter onto the open premises of any property to take possession of any animal violating this chapter. (1989 Code § 13-20-2)

4. Interference Prohibited: It shall be unlawful for any person to interfere with, molest, hinder or prevent the animal control officers from discharging their duties. It is unlawful for any person to hinder, delay, interfere with or obstruct them while engaging in capturing, securing or taking any animal or animals to the animal shelter to be impounded. It shall also be unlawful to break open or in any manner, directly or indirectly, aid, counsel or advise any person to break open any animal shelter or vehicle used for holding, collecting or conveying any animals to the shelter. (1989 Code § 13-20-2; amd. 2012 Code)


B. Duties: The animal control officials shall:

1. Enforce this chapter and perform other responsibilities pursuant thereto;

2. Keep adequate records of all animals impounded and all monies collected;

3. Ensure that all animals in the city are licensed, controlled and permitted in accordance with any applicable ordinance or regulations;

4. Establish adequate measures for rabies immunization and control in cooperation with all interested governmental agencies. (1989 Code § 13-20-3)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086533
5-4-3: DAVIS COUNTY ANIMAL CONTROL SHELTER:linklink

The city may enter into an agreement with Davis County animal control wherein the county agrees to:


A. Provide suitable premises and facilities to be used as a dog pound wherein impounded dogs can be adequately kept;


B. Purchase and supply food for the dogs impounded therein pursuant to provisions of this chapter; and


C. Furnish, when necessary, medical treatment for such animals as may be impounded pursuant to this chapter. (1989 Code § 13-20-4)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086534
5-4-4: DOG LICENSING:linklink


A. License Requirements:

1. Age Of Applicant: All dog licenses must be purchased by a person of the age of eighteen (18) years or older.

2. Licensing Age: Any person, owning, possessing or harboring any dog shall obtain a license for such animal within thirty (30) days after the dog reaches the age of four (4) months; or in the case of a dog over four (4) months, within ten (10) days of the acquisition of the dog.

3. Annual License Content: License applications must be submitted annually to the city, utilizing a standard form which requests name, address and telephone number of the applicant; breed, sex, color, age, and any other information requested of the animal; and a current rabies vaccination certificate. Rabies vaccinations shall be given by a licensed veterinarian every three (3) years. The application shall be accompanied by the prescribed license fee. (1989 Code § 13-20-5)

4. License Fee: License fees shall be in such amounts as specified in the comprehensive fee schedule resolution. (1989 Code § 13-20-5; amd. 2012 Code)

5. Spaying/Neutering: No dogs shall be licensed as spayed or neutered without proof that such surgery was performed.

6. Expiration: Licenses shall expire on December 31 of each year. A late fee shall be imposed on all licenses purchased after March 1. (1989 Code § 13-20-5)


B. License Tag:

1. Issued: Upon payment of the license fee, the city shall issue to the owner a certificate and a tag for each dog license. The tag shall be stamped with the license number assigned and recorded on the certificate. The owner shall attach the tag to the collar or harness of the animal and see that the collar and tag are constantly worn. Failure to attach the tag shall be a violation of this chapter, but dogs kept for show purposes are exempt from wearing the collar and tag.

2. Nontransferable: Dog tags are not transferable from one dog to another.

3. No Refunds: No refunds shall be made on any dog license fee for any reason. (1989 Code § 13-20-6)

4. Replacement: Replacements for lost or destroyed tags shall be issued upon payment of a fee in such amount as specified in the comprehensive fee schedule resolution. (1989 Code § 13-20-6; amd. 2012 Code)

5. Removal Of Collar: It is unlawful for any person to remove or cause to be removed the collar, harness or tag from any licensed dog without the consent of the owner or keeper thereof, except a licensed veterinarian or animal control officer who removes such for medical and other reasons. (1989 Code § 13-20-6)


C. Exemptions To Licensing:

1. The provisions of subsections A and B of this section shall not apply to licensed dogs whose owners are nonresidents temporarily (up to 30 days) within the jurisdiction. Licensed dogs whose owners remain within the jurisdiction longer than thirty (30) days may transfer to the local license upon payment of a fee in such amount as specified in the comprehensive fee schedule resolution and proof of current rabies vaccination.

2. The provision of subsection A of this section shall not apply to:

a. Any dog duly or properly trained to assist those who have impairment of sight or hearing and which is acting in that capacity shall be licensed and shall be required to furnish proof of vaccination, but no license fee shall be required.

b. Any dog specially trained to assist officials of government agencies in the performance of their duties and which is owned by such agencies.

3. Nothing in this subsection shall be construed to exempt any dog from having a current rabies vaccination. (1989 Code § 13-20-7; amd. 2012 Code)


D. Revocation Of Dog License: If the owner of any dog is found to be in violation of this chapter on two (2) or more different occasions during any twelve (12) month period, the animal control officer may revoke for a period of one year any dog license such person may possess and pick up and impound any dogs kept by the person under such order. Any dog impounded pursuant to such an order shall be dealt with in accordance with the provisions of this chapter for impounded animals, except that the person under the order of revocation shall not be allowed to redeem the dog under any circumstances. (1989 Code § 13-20-18)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086535
5-4-5: REGULATORY PERMITS:linklink


A. Commercial Permits: It shall be unlawful for any person to operate or maintain a kennel, cattery, pet shop, groomery, riding stable, veterinary clinic, hospital, or any similar establishment, unless such person first obtains a regulatory permit from the city, in addition to all other required licenses. All applications for permits to operate such establishments shall be submitted, together with the required permit fee, on a printed form provided by the city. Before the permit is issued, approval shall be granted by the Davis County board of health, the appropriate city zoning authority, and the city animal control officials. (1989 Code § 13-20-29)


B. Kennel Permits, Fees And Restrictions: Anyone owning, keeping, harboring or maintaining three (3) or more dogs over the age of four (4) months shall be considered operating a dog kennel and shall pay an annual kennel license fee in such amount as specified in the comprehensive fee schedule resolution, which shall be proportioned based on the number of months (including the month in which application is made) remaining in the year for which the fee is paid. The fee shall include months for which a kennel fee was due, but not paid. (1989 Code § 13-20-29; amd. 2012 Code)


C. Display Of Permit: A valid permit shall be posted in a conspicuous place in each establishment, and the permit shall be considered as appurtenant to the premises and not transferable to another location. The permittee shall notify the city within thirty (30) days of any change in his establishment or operation which may affect the status of the permit. In the event of a change in ownership of the establishment, the permittee shall notify the city immediately. Permits shall not be transferable from one owner to another.


D. Renewal Of Permit: Any permit issued pursuant to this section shall automatically expire on December 31 immediately following the date of issue. Within two (2) months prior to the expiration of the permit, the permittee shall apply for a renewal of the permit and pay the required fee. Any application made after December 31, except an application for a new establishment opening subsequent to that date, shall be accompanied by a late application fee in addition to the regular permit fee. New permits issued after December 31 will have their fees prorated for the first year of issuance.


E. Exemptions: Research facilities where bona fide medical or related research is being conducted, humane shelters and other animal establishments operated by state or local government or which are licensed by federal law are excluded from the licensing requirements of this chapter.


F. Inspections: All establishments required to be permitted under this chapter shall be subject to periodic inspections, and the inspector shall make a report of such inspection with a copy to be filed with the city. (1989 Code § 13-20-29)


G. Standards For Permitted Establishments: The city may promulgate rules and regulations governing the operation of kennels, catteries, groomeries, pet shops, riding stables and veterinary clinics or hospitals. Such rules and regulations may provide for the type of structures, buildings, pens, cages, runways or yards required for the animal to be kept, harbored or confined on such premises; the manner in which food, water and sanitation facilities will be provided to such animals; measures relating to the health of the animals, the control of noise and odors, and the protection of persons or property on adjacent premises; and other such matters as the city shall deem necessary. (1989 Code § 13-20-30)


H. Suspension Or Revocation Of Permit:

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. Violation of any of the provisions of this chapter or any other law or regulation governing the establishment, including, but not limited to, noise, building and zoning ordinances;

c. Conviction on a charge of cruelty to animals.

2. Procedure: After an inspection of kennels, catteries, groomeries, pet shops, riding stables, veterinary clinics or hospitals, the inspector shall notify the permit holder or operator of any violation by means of an inspection report form or written notice. The notification shall:

a. Set forth the specific violations found;

b. Establish a specific reasonable period of time for the correction of the violations found;

c. State that failure to comply with any notice issued in accordance with the provisions of this chapter may result in immediate suspension of the permit;

d. State that an opportunity for appeal of any notice or inspection findings will be provided if a written request for a hearing is filed with animal control within five (5) days of the date of the notice.

3. Revocation Or Suspension: Any permit granted under this chapter may be suspended or revoked by the city for violations listed in this section. A minimum of five (5) days' notice shall be given to the permittee advising him of the date and the time for such hearing, and listing the cause or causes for such suspension or revocation. No new permit shall be issued to any person whose permit has been previously revoked except upon application for a new permit, accompanied by the required application fee, and until all requirements of this chapter have been made.

4. Emergency Suspension: When the inspecting officer finds unsanitary or other conditions in the operation of kennels, catteries, groomeries, veterinary clinics or hospitals, riding stables, pet shops or any similar establishments which, in his judgment, constitute a substantial hazard to public health, he may, without warning, or hearing, issue a written notice to the permit holder or operator citing such condition, and specifying the corrective action to be taken. Such order may state that the permit is immediately suspended and all operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately. Any animals at such a facility may be confiscated by the animal control officials and impounded, or otherwise provided for according to the provisions of this chapter.

5. Notice: Notice provided for under this section shall be deemed to have been properly served when the original of the inspection report form or other written 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 city. (1989 Code § 13-20-31)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086536
5-4-6: CARE AND MAINTENANCE REQUIRED:linklink

It shall be the duty of any person to provide any animal in his charge, care or custody, as owner or otherwise, with adequate food, drink, care and shelter. (1989 Code § 13-20-25)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086537
5-4-7: PROHIBITED ACTS AND ACTIVITIES:linklink


A. Harboring Stray Dogs: It shall be unlawful for any person, except an animal welfare society, to harbor or keep any lost or strayed dog. Whenever any dog shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the animal control officers of the city within twenty four (24) hours, and they shall impound the dog as herein provided. (1989 Code § 13-20-8)


B. Animals Running At Large:

1. Prohibited: It shall be unlawful for the owner or person having charge, care, custody or control of any animal to allow such animal at any time to run at large. The owner or person charged with the responsibility of an animal found running at large shall be liable for a violation of this subsection and for any property damage or injury to a person or another animal caused by such animal running at large, regardless of the precautions taken to prevent the escape of the animal and regardless of whether or not he knows that the animal is running at large. Any animal shall be considered running at large if not properly restrained.

2. Vicious Animals: It is unlawful for the owner of a vicious animal, knowing its propensities, to wilfully allow it to go at large or to keep it without ordinary care. It is unlawful for any animal, while at large, or while not kept with ordinary care, to cause injury to another animal or to any human being who has taken reasonable precaution under the circumstances. (1989 Code § 13-20-9)


C. Animals On Unenclosed Premises: It shall be 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. (1989 Code § 13-20-10)


D. Animals In Public: It shall be unlawful for any person to chain, stake out or tether any animal in a public place unless the person in charge of such animal is present and the animal is properly restrained so that the animal poses no threat of contact with an individual engaged in a normal and expected activity. (1989 Code § 13-20-11)


E. Nonmaintained Fences And Enclosures: It shall be unlawful for the owner or any person responsible for an enclosure or fence, which is intended to limit an animal's movement to a specific area, to fail to properly maintain such enclosure or fence. It shall not be necessary for an animal to have actually escaped for there to be a violation of this subsection. (1989 Code § 13-20-12)


F. Female Dogs In Heat: Any owner or person having charge, care, custody or control of any female dog in heat shall, in addition to restraining such dog from running at large, cause such dog to be constantly confined in a building or secure enclosure so as to prevent it from attracting by scent or coming into contact with other dogs and creating a nuisance, except for planned breeding. (1989 Code § 13-20-13)


G. Places Prohibited To Animals:

1. Food Establishments: It shall be unlawful for any person to take or permit any animal, whether loose, on a leash, or in arms, in or about any establishment or place of business where food or food products are sold or displayed, including, but not limited to, restaurants, grocery stores, meat markets and fruit or vegetable stands.

2. Water Storage Areas: It shall be unlawful for any person keeping, harboring, having charge or control of any animal to allow it to be within any water storage area or watershed area so designated by law or otherwise legally appointed, either now existing or in the future. (1989 Code § 13-20-14)

3. Dogs In Parks Or Playgrounds: No person shall permit any dog to enter or remain on city property, including public parks, trails, open space, or playgrounds without a leash, except for the Foxboro Legacy Park, where dogs are strictly prohibited. It shall be unlawful for a pet owner, or custodian, to leave pet waste in any of the above mentioned locations except within an appropriate trash or waste receptacle. (Ord. 2013-11, 6-18-2013)

4. Exemptions: This subsection shall not apply to dogs exempted in subsection 5-4-4C2 of this chapter. (1989 Code § 13-20-14)


H. Cruelty To Animals Prohibited:

1. Physical Abuse: It is unlawful for any person to wilfully or maliciously kill, maim, disfigure, torture, beat with a stick, chain, club or other object, mutilate, burn or scald, overdrive or otherwise cruelly set upon any animal. Each offense shall constitute a separate violation.

2. Animals In Vehicles: It shall be unlawful for any person to carry or confine any animal in or upon a vehicle in a cruel or inhumane manner, including, but not limited to, carrying or confining such animal without adequate ventilation or for unusual lengths of time.

3. Abandonment Of Animals: It shall be unlawful for any person to abandon any animal within the jurisdiction.

4. Animal Poisoning: Except as provided in subsection 5-4-14C of this chapter, it shall be unlawful for any person by any means to make accessible to any animal, with intent to cause harm or death, any substance which has in any manner been treated or prepared with any harmful or poisonous substance. This provision shall not be interpreted so as to prohibit the use of poisonous substances for the control of vermin in furtherance of the public health when applied in such a manner as to prohibit access to other animals.

5. Injury To Animals By Motorists:

a. Every operator of a motor or other self-propelled vehicle upon the streets of the jurisdiction shall immediately upon harming, striking, maiming or running down any domestic animal give such aid as can reasonably be rendered. In the absence of the owner, the operator shall immediately notify the police department or animal control officials, furnishing requested facts relative to such injury.

b. It shall be the duty of such operator to remain at or near the scene until such time as the appropriate authorities arrive. On the arrival of the authorities, the operator shall identify himself to the authorities. In the absence of the owner, a person may give aid by taking the animal to the animal control facility or other appropriate facility and notifying the animal control officials. Such animal may be taken in by the animal control facility and dealt with as deemed appropriate under the circumstances.

c. Emergency vehicles are exempted from the requirements of this subsection.

6. Animals For Fighting:

a. It shall be unlawful for any person, firm or corporation to raise, keep or use any animal, fowl or bird for the purpose of fighting or baiting, for any person to be a party to or be present as a spectator at any such fighting or baiting of any animal or fowl, and for any person, firm or corporation to knowingly permit the use of his buildings, sheds, rooms, yards, grounds or premises for these purposes.

b. Law enforcement officers or animal control officials may enter any building or place where there is an exhibition of the fighting or baiting of a live animal, or where preparations are being made for such an exhibition, and the law enforcement officers may arrest persons there present and take possession of all animals being prepared to fight, engaged in fighting, or found for the purpose of fighting, along with all implements and other paraphernalia of applications used in such exhibition. This provision shall not be interpreted to authorize a search or arrest without a warrant when such is required by law. (1989 Code § 13-20-26)

c. A violation of this subsection is a class C misdemeanor, subject to penalty as provided in section 1-4-1 of this code. (1989 Code § 13-20-26; amd. 2012 Code)

7. Killing Of Birds: It shall be unlawful for any person to take or kill any birds, or to rob or destroy any nest, egg or young of any bird in violation of the laws of the state.

8. Malicious Impounding: It shall be unlawful for any person maliciously to secrete or impound the animal of another. (1989 Code § 13-20-26)


I. Sale Of Animals:

1. Rabbits Or Fowl: It shall be unlawful for any person to sell, offer for sale, barter, or give away any baby rabbits or fowl under two (2) months of age in any quantity more than six (6). Such animals shall not be artificially dyed or colored. Nothing in this subsection shall be construed to prohibit the raising of such rabbits or fowl by a private individual for his personal use and consumption. Any person raising rabbits or fowl shall maintain proper containment of such animals while they are in his possession.

2. Premiums And Novelties: It shall be unlawful for any pet shop to raise or sell any "Pseudyms scripta-elegans", or "P. troestii" family: "Testudinidae", "pet turtles". (1989 Code § 13-20-27; amd. 2012 Code)


J. Feeding Wild Deer, Elk, Moose Or Turkey Prohibited:

1. It shall be unlawful for any person to place, distribute, or allow the placement of food, grain, minerals, or similar substances within the city limits when it attracts wild deer, elk, moose, or turkey in such numbers or circumstances to cause property damage, endanger any person, or create public health concerns.

2. Subsection J1 of this section does not apply to:

a. Public employees or authorized agents acting within the scope of their employment for public safety or wildlife management purposes;

b. Normal agricultural or livestock operation practices; or

c. Recreational feeding of wild songbirds, hummingbirds, or passerine birds, unless a previous warning by the city to cease or modify feeding practices is disregarded and continued practices attract wild deer, elk, moose or turkey in such numbers or circumstances to cause property damage, endanger any person, or create public health concerns. (Ord. 2014-02, 2-4-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086538
5-4-8: ANIMALS ATTACKING PERSONS AND OTHER ANIMALS:linklink


A. Attacking Animals: It shall be unlawful for the owner or person having charge, care, custody or control of any animal to allow such animal to attack, chase or worry any person, or domestic animal having commercial value, or any species of hoofed protected wildlife, or to attack domestic fowl. "Worry", as used in this subsection, shall mean to harass by tearing, biting or shaking with the teeth.


B. Owner Liability: The owner or person having charge, care, custody or control of such animal shall also be liable in damages to any person injured, for any property damaged, or to the owner of any animal injured or destroyed.


C. Defenses: The following shall be considered in mitigating the penalties, damages or in dismissing the charge:

1. The animal was properly restrained on the premises;

2. The animal was deliberately or maliciously provoked.


D. Animals May Be Killed: Any person may kill an animal while it is committing any of the acts specified in subsection A of this section, or while such animal is being pursued. (1989 Code § 13-20-15)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086539
5-4-9: FIERCE, DANGEROUS OR VICIOUS ANIMALS AND GUARD DOGS:linklink


A. Off Premises; Restraint And Muzzle: It shall be unlawful for the owner of any fierce, dangerous or vicious animal to permit such animal to go or to be off the premises of the owner unless such animal is under restraint and properly muzzled so as to prevent it from injuring any person or property.


B. Uncontrollable Vicious Animal: Every animal so vicious and dangerous that it cannot be controlled by reasonable restraints, and every dangerous and vicious animal not effectively controlled by its owner or person having charge, care or control of such animal, so that it shall not injure any person or property, is a hazard to public safety, and the animal control officer shall seek a court order for the destruction of the animal.


C. Guard Dogs: Subsection B of this section shall apply to guard dogs provided for the protection of property. Guard dogs must be kept in a fenced run or other suitable enclosure and under absolute control during hours when the property is opened to the public so they cannot come into contact with the public. Guard dogs shall at all times be properly restrained.


D. Previous Bites: It shall be prima facie evidence of violation of this section when a person has actual knowledge that a dog kept, harbored or maintained by him has bitten another animal or person, or if the person has reasonable grounds to believe a dog kept, harbored or maintained by him has bitten another animal or person. (1989 Code § 13-20-16)


E. Possession Of A Potentially Dangerous Animal:

1. Any person who owns or maintains a potentially dangerous animal shall:

a. Use all reasonable means at his or her disposal to restrict that potentially dangerous animal from injuring any person or animal; and

b. Have a microchip inserted and maintained in that potentially dangerous animal, at the expense of the owner or the person who maintains the potentially dangerous animal, for identification purposes. If the animal is in the custody of animal control, that animal may not be released until that microchip is inserted.

2. The city may, at the discretion of the Davis County animal control director or the authorized agents of the animal control director, from time to time impose specific restrictions regarding the housing and conditions for the keeping of potentially dangerous animals. (Ord. 2014-11, 9-2-2014)


F. Knowledge Of Vicious Propensities: It is unlawful for the owner of a vicious animal, knowing its propensities, to wilfully allow it to go at large or keep it without ordinary care. It shall be unlawful for any animal, while at large, to cause injury to another animal or to any human being who has taken reasonable precaution. (1989 Code § 13-20-16)


G. Possession Of Dangerous Animals:

1. Any dangerous animal, while on the owner's property, must be securely confined indoors, or in a securely enclosed and locked pen or structure suitable to prevent the entry of young children and designed to prevent the animal from escaping. Such pen or structure for a dangerous animal shall have secure sides and top and shall also provide protection from the elements for the animal. The structure shall be such that the animal cannot burrow or dig under the sides of the enclosure.

2. Dangerous animals, when outside the proper enclosure, must be under immediate control of a responsible adult by means of a restraint device and muzzled. The muzzle shall be made in such a manner that it will not cause injury to the animal or interfere with its vision or respiration, but shall prevent it from biting any person or animal.

3. The director of animal control or his or her authorized agents may take into immediate possession any dangerous animal if the officer determines that the animal is:

a. Not maintained in a proper enclosure;

b. Is outside of the dwelling of the owner, or outside of a proper enclosure and not under physical restraint of the person; or

c. If there are any further violations of any legal restrictions previously placed on such animal by the Davis County animal control department as provided in this title. (Ord. 2014-11, 9-2-2014)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086540
5-4-9-1: LEASING TO OWNERS OF FIERCE, DANGEROUS OR VICIOUS ANIMALS:linklink

It is an infraction, subject to penalty as provided in section 1-4-1 of this code, for any individual, business or other entity to lease, rent or otherwise provide premises to another individual, business or entity when the lessee or renter intends to keep pets at the premises and said pets qualify as fierce, dangerous or vicious animals and/or guard dogs under subsection 5-4-9C of this chapter, without first informing any potential lessee or renter regarding the necessity of fulfilling the above statutory requirements, including the following:


A. The owner must provide proof of and keep in effect a fully paid homeowners' or rental insurance policy containing a personal liability clause in the amount of at least one hundred thousand dollars ($100,000.00).


B. The animal must be appropriately licensed.


C. The animal must be kept in a fenced yard, dog run or other structure which is at least six feet in height by six feet wide by ten feet in length (6' x 6' x 10').


D. The animal must be on a leash and properly muzzled if out of a fenced area. (Ord. 07-17, 9-18-2007)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086541
5-4-10: WILD ANIMALS:linklink


A. Prohibited; Exceptions: It shall be unlawful for any person to sell, offer for sale, barter, give away, keep or purchase any "wild animal", as defined in section 5-4-1 of this chapter, which is fierce, dangerous, noxious or naturally inclined to do harm; except, an animal shelter, a zoological park, veterinary hospital, humane society shelter, public laboratory, circus, sideshow, amusement show, or facilities for education or scientific purposes may keep such an animal if protective devices adequate to prevent such animal from escaping or injuring the public are provided.


B. Protected Species: It shall be unlawful for any person to keep an animal of a species prohibited or protected by title 50 of the code of federal regulations or by a regulation or law of the state. (1989 Code § 13-20-28)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086542
5-4-11: NUISANCE ANIMALS:linklink

Any owner or person having charge, care, custody or control of an animal causing a "nuisance", as defined in this section, shall be in violation of this chapter and subject to the penalties provided herein. Any animal is a nuisance which:


A. Property Damage: Causes damage to the property of anyone other than its owner;


B. Vicious Animal: Is a "vicious animal", as defined in section 5-4-1 of this chapter, and kept contrary to section 5-4-9 of this chapter;


C. Odors: Causes unreasonable fouling of the air by odors;


D. Unsanitary Conditions: Causes unsanitary conditions in enclosures or surroundings;


E. Defecation: 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 owning, having a proprietary interest in, having care, charge, control or custody of such animal shall remove any such defecation to a proper trash receptacle;


F. Noises: Barks, whines, howls or makes other disturbing noises in an excessive, continuous or untimely fashion;


G. Passersby; Vehicles: Molests passersby or chases passing vehicles;


H. Attacks: Attacks other domestic animals;


I. Declared Public Nuisance: Is determined by the animal control officer to be a public nuisance by virtue of being offensive or dangerous to the public health, welfare or safety;


J. Number Maintained: Any animal which, by virtue of the number maintained, are determined to be offensive or dangerous to the public health, welfare or safety; (1989 Code § 13-20-17)


K. Number Of Dogs And Cats Per Residence: No person or persons at any one residence within the jurisdiction of this title shall at any one time own, harbor, license, or maintain more than three (3) cats and dogs in any combination. A person may only own, harbor, license, or maintain three (3) dogs if one of the dogs has been acquired from a legitimate animal shelter, as the term "animal shelter" is defined in the Utah animal welfare act. (Ord. 2014-11, 9-2-2014)

All animals must be properly cared for and controlled so as not to become a "nuisance", as defined under applicable local, county and/or state ordinances. (Ord. 04-9, 8-17-2004)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086543
5-4-12: BITES AND ATTACKS; DUTY TO REPORT:linklink


A. 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 officials.


B. The owner of an animal which bites a person or any person bitten by an animal shall immediately report the bite to the animal control official 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 to a person bitten by an animal shall report the fact that he has rendered professional treatment to the animal control officials within twenty four (24) hours of his first professional attendance. He shall report the name, sex and address of the person bitten as well as the type and location of the bite. If known, he shall give the name and address of the owner of the animal that inflicted the bite, and any other facts that may assist in ascertaining the immunization status of the animal.


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


E. Any person having knowledge of any individual or animal having been attacked by an animal, or if the owner of the animal has such knowledge, such person shall immediately report the attack to the animal control officials. (1989 Code § 15-20-19)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086544
5-4-13: RABIES AND RABID ANIMALS:linklink


A. Rabies Vaccination Required For Dogs And Cats: The owner or person having the charge, care, custody and control of a cat or dog more than four (4) months old shall have the animal vaccinated. Any person permitting any such animal to habitually be on or remain, or be lodged or fed within such person's house, yard or premises shall be responsible for said vaccination. Unvaccinated dogs or cats over four (4) months of age acquired by the owner or moved into the jurisdiction must be vaccinated within thirty (30) days of purchase or arrival. Every dog shall be revaccinated thereafter every thirty six (36) months, and every cat shall be revaccinated thereafter every twelve (12) months with a modified virus rabies vaccine approved by the Davis County board of health. This provision shall not apply to veterinarian or kennel operators temporarily maintaining on their premises animals owned by others.


B. Duties Of Veterinarian And Tag Requirements: It shall be the duty of each veterinarian, when vaccinating any animal for rabies, to complete a certificate of rabies vaccination (in duplicate), which includes the following information:

1. Owner's name and address;

2. Description of animal: breed, sex, markings, age, name;

3. Date of vaccination;

4. Rabies vaccination tag number;

5. Type of rabies vaccine administered;

6. Manufacturer's serial number of vaccine.

A copy of the certificate shall be given to the owner and the original retained by the issuing veterinarian. The veterinarian and the owner shall retain their copies of the certificate for the interval between vaccinations specified in this section. Additionally, a metal or durable plastic rabies vaccination tag, serially numbered, shall be securely attached to the collar or harness of the animal. An animal not wearing such a tag shall be deemed to be unvaccinated and may be impounded and dealt with pursuant to this chapter.


C. Transient Animal; Exception: The provisions of this section with respect to vaccination shall not apply to any animal owned by a person temporarily remaining within the jurisdiction for less than thirty (30) days. Such animals shall be kept under strict supervision of the owner. It shall be unlawful to bring any animal into the jurisdiction which does not comply with the animal health laws and import regulations.


D. Impounding Of Animal Without Valid Rabies Vaccination Tag:

1. Any vaccinated animal impounded because of a lack of a rabies vaccination may be reclaimed by its owner furnishing proof of rabies vaccination and payment of all impoundment fees prior to release.

2. Any unvaccinated animal may be reclaimed prior to disposal by payment of impoundment fees and by obtaining a rabies vaccination within seventy two (72) hours of release.

3. Any dog not reclaimed prior to the period shall be disposed of pursuant to provisions of subsection 5-4-14C of this chapter.


E. Reporting Of Rabid Animals: Any person having knowledge of the whereabouts of an animal known to have been exposed to or suspected of having rabies, or of an animal or person bitten by such a suspect animal, shall notify the animal control officials.


F. Quarantining And Disposition Of Biting Or Rabid Animals:

1. Reporting And Confinement: An animal that has rabies or shows signs of having rabies, and every animal bitten by another animal affected with rabies or that has been exposed to rabies shall be reported by the owner as set forth above and shall immediately be confined in a secure place by the owner. The owner shall turn over the animal to the animal control officials upon demand.

2. Surrender: The owner of any animal of a species subject to rabies which has bitten a person or another animal shall surrender the animal to an authorized official upon demand. Any person authorized to enforce this chapter may enter upon private property to seize the animal. If the owner refuses to surrender the animal, the officer shall immediately obtain a search warrant authorizing seizure and impoundment of the animal.

3. Seizure And Quarantine: Any animal of a species subject to rabies that bites a person or animal or is suspected of having rabies may be seized and quarantined for observation for a period of not less than ten (10) days. The owner of the animal shall pay the cost of confinement. The animal shelter shall be the normal place for quarantine, but other arrangements, including confinement by the owner, may be made if the animal had a current rabies vaccination at the time the bite was inflicted or if there are other special circumstances justifying an exception. A person who has custody of an animal under quarantine shall immediately notify the animal control officials if the animal shows any signs of sickness or abnormal behavior. They must not refuse to allow the animal control officials to make an inspection or examination during the period of quarantine. If the animal dies within ten (10) days from the date of the bite, the person having custody shall immediately notify the animal control officials or immediately remove and deliver the head to the state health laboratory to be examined for rabies. If, at the end of the ten (10) day period, the animal control officials examine the animal and find no sign of rabies, the animal may be released to the owner, or in the case of a stray, it shall be disposed of as provided in subsection 5-4-14C of this chapter.

4. Unvaccinated Bitten Animals: In the case of an unvaccinated animal species subject to rabies which is known to have been bitten by a known rabid animal, the bitten or exposed animal should be immediately destroyed. If the owner is unwilling to destroy the bitten or exposed animal, the animal shall be immediately isolated and quarantined for six (6) months under veterinary supervision, the cost of such confinement to be paid in advance by the owner. The animal shall be destroyed if the owner does not comply.

5. Vaccinated Bitten Animals: If the bitten or exposed animal has been vaccinated, the animal shall be revaccinated within twenty four (24) hours and quarantined for a period of thirty (30) days following revaccination; or if the animal is not revaccinated within twenty four (24) hours, the animal shall be isolated and quarantined under veterinary supervision for six (6) months. The animal shall be destroyed if the owner does not comply.

6. Removal Of Quarantined Animal: It shall be unlawful for any person to remove any such animal from the place of quarantine without written permission of the animal control officials.

7. Bites And Attacks: If any animal bites or attacks a person or animal two (2) times or more in a twelve (12) month period, such animal may be immediately impounded by animal control without a court order and held at the owner's expense pending court action. Any such animal shall be deemed a vicious animal and will be subject to the provisions in section 5-4-9 of this chapter. (1989 Code § 13-20-20)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086545
5-4-14: IMPOUNDING:linklink


A. Animals To Be Impounded: The animal control officials shall place all animals taken into custody in a designated animal impound facility. The following animals may be taken into custody and impounded without the filing of a complaint:

1. Any animal being kept or maintained contrary to the provisions of this chapter;

2. Any animal running at large contrary to the provisions of this chapter;

3. Any animal which is by this chapter required to be licensed and is not licensed; an animal not wearing a tag shall be presumed to be unlicensed for purposes of this section;

4. Sick or injured animals whose owner cannot be located;

5. Any abandoned animal;

6. Animals which are not vaccinated for rabies in accordance with the requirements of this chapter;

7. Any animal to be held for quarantine;

8. Any vicious animal not properly confined as required by section 5-4-9 of this chapter. (1989 Code § 13-20-21)


B. Records Maintained: The impounding facility shall keep a record of each animal impounded, which includes the following information:

1. Complete description of the animal, including tag numbers;

2. The manner and date of impound;

3. The location of the pick up and name of the animal control official picking up the animal;

4. The manner and date of disposal;

5. The name and address of the redeemer or purchaser;

6. The name and address of any person relinquishing an animal to the impound facility;

7. All fees received;

8. All expenses accruing during impoundment. (1989 Code § 15-20-22)


C. Disposition Of Impounded Animals:

1. Notice: Animals shall be impounded for a minimum of seventy two (72) hours before further disposition, unless otherwise provided. Reasonable effort shall be made to notify the owner of any animal wearing a license or other identification during that time. Notice shall be deemed given when sent to the last known address of the listed owner. Any animal voluntarily relinquished to the animal control facility by the owner for destruction or other disposition need not be kept for the minimum holding period before release or other disposition.

2. Destruction; Sale: All dogs and cats, except for those quarantined or confined by court order, held longer than the minimum impound period, and all dogs and cats voluntarily relinquished to the impound facility, may be destroyed or sold as the facility shall direct. Any healthy dog or cat may be sold to any person or to any institution engaged in scientific research and desiring to purchase such animal for a price to be determined by the facility, not to exceed thirty dollars ($30.00) per animal, plus license and rabies vaccination, if required.

3. Release To Veterinarian: Any licensed animal impounded and having or suspected of having serious physical injury or contagious disease requiring medical attention may, at the direction of the animal control officer, be released to the care of a veterinarian with the consent of the owner. (1989 Code § 13-20-23)


D. Redemption: The owner of any impounded animal or his authorized representative may redeem such animal before disposition, if he pays:

1. The impound fee;

2. The daily board charge;

3. Any costs incurred during the impound period, including rabies vaccination;

4. License fee, if required.

No impound fee will be charged the reporting owners of suspected rabid animals if they comply with section 5-4-13 of this chapter. (1989 Code § 13-20-24)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086546
5-4-15: ADMINISTRATIVE REMEDY:linklink

Any person required to license any animal under the provisions of this chapter, or any person who is or may be subject to the enforcement of any provisions of this chapter in a civil or criminal proceeding who disagrees with the interpretation or application of any provision of this chapter, shall make a written request to the city manager to determine whether and how the provisions of this chapter apply to him or her and to the animals subject to the provisions of this chapter. During the time that the written request is being considered by the city manager, no criminal action shall be enforced under this chapter against the person that has made the request. The city manager shall rule on the request within five (5) days after it is received by the city manager. The decision of the city manager shall advise the recipient of whether and how the provisions of this chapter apply to the request, and if any provision applies, the decision shall inform the recipient of how many days the person has to comply with this chapter before this chapter will be enforced against him or her and the animal which may be affected by this chapter. If any person affected by the provisions of this chapter takes the position that his or her animal is not within the classifications established by this chapter, he or she shall make a written request to the city manager under this section. The city manager may appoint an expert to advise him on matters requiring special knowledge. Where an expert is required to advise the city manager, the city manager may delay his decision until he has received the recommendation of the expert. Nothing in this chapter requires the city to dismiss any criminal or civil action brought by the city pending his decision. (1989 Code § 13-20-31.1)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086547
5-4-16: PROCEDURE FOR COURT ORDER:linklink

Unless modified by the court, court orders shall be filed according to the following minimum notice and procedure:


A. The animal control officials shall petition the court for the desired action;


B. The petition for the action, together with supporting affidavits, shall be served on the party against whom the action is taken at least five (5) days prior to the hearing. (1989 Code § 13-20-32)

http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086548
5-4-17: PENALTY:linklink

Unless otherwise provided in any section of this chapter, any person violating any provision of this chapter, either by failing to do those acts required herein or by doing any act prohibited herein, shall be guilty of a class B misdemeanor and subject to penalty as provided in section 1-4-1 of this code. Each day that a violation is committed or is permitted to continue constitutes a separate offense and shall be punishable as such. (1989 Code § 13-20-33; amd. 2012 Code)
http://sterlingcodifiers.com/codebook/index.php?book_id=&chapter_id=75251#s1086549