(A) Unlawful. It shall be unlawful for the owner of any animal to allow such animal to bite, attack, chase or worry any person, domesticated animal or any species of hoofed, protected wildlife or domestic fowl.
(B) Owner liability.
(1) Any owner in violation of division (A) above shall be strictly liable for violation of this section.
(2) In addition to being subject to prosecution under division (A) above, the owner of such animal shall also be liable for damages to any person injured or to the owner of any animal injured or destroyed thereby.
(C) Defenses. The following shall be considered in mitigating the penalties or damages, or in dismissing the charge:
(1) The animal was properly confined on the premises; and
(2) The animal was deliberately or maliciously provoked.
(D) Animal may be killed. Any public safety officer or person may kill an animal while it is committing any of the acts specified in division (A) above or while such animal is being pursued thereafter, pursuant to Utah Code.
(E) Impound. After any animal bites, attacks, chases or worries any person, domesticated animal, or any species of hoofed, protected wildlife or domestic fowl, the Animal Control Officer may impound the animal, which may not be redeemed while awaiting final disposition of any criminal charges associated with said animal.
(F) Destruction of animal. Upon conviction of any offense under this section, or upon failure to appear after citation, the court may, after attempting to notify the animal’s owner, order the Animal Control Officer or other authorized person of the city, to destroy the animal, or may order such other disposition of the animal, as will protect the inhabitants and animals of the city.
(G) Allow. The term ALLOW in this section shall be defined broadly, and such definition shall include, but not be limited to, the following: directing, commanding and giving permission as well as failing to adequately restrain or failing to effectively control.
(Prior Code, § 4.04.010) (Ord. 02-25, passed 8-15-2002) Penalty, see § 90.999