The introduction, possession, or maintenance of any animal, or the allowing of any animal to be in contravention of this chapter is, in addition to being a misdemeanor, hereby declared to be a public nuisance. The Department, Public Health Officer, and peace officers are hereby authorized, directed, and empowered to summarily abate any such public nuisance by any means reasonably necessary, including, but not limited to, the destruction of the animal or animals involved.
(A) Any animal which does any of the following shall be deemed a nuisance:
(1) Causes damage to the property of anyone other than its owner or custodian;
(2) Is a vicious animal, as defined in this chapter, and kept in a manner contrary to this chapter;
(3) Causes unreasonable fouling of the air by odors;
(4) Causes unsanitary conditions in enclosures or surroundings;
(5) Defecates on any public sidewalk, park, or building, or on any private property without the consent of the owner of such private property unless the owner or custodian of such animal shall remove any such defecation to a proper trash receptacle. Unsighted persons while relying on a guide dog shall be exempt from this section;
(6) Barks, whines, or howls, or makes other disturbing noises in an excessive, continuous, or untimely fashion. EXCESSIVE, CONTINUOUS, OR UNTIMELY BARKING shall be defined, for purposes of this section, as a dog barking, baying, crying, howling, or making any other noise continuously and/or incessantly for a period of ten minutes, or barking intermittently for one-half hour or more to the disturbance of any person at any time of day or night regardless of whether the dog is physically situated in or upon private property; provided, however, that a dog shall not be deemed a “barking dog,” for purposes of this section, if, at the time the dog is barking or making any other noise, a person is trespassing, or threatening to trespass, upon private property in or upon which the dog is situated, or for any other legitimate cause which teased or provoked the dog;
(7) Molests passersby or chases passing vehicles;
(8) Attacks other domestic animals; and/or
(9) Otherwise acts so as to constitute a nuisance or public nuisance under the provisions of Chapter 10, Title 76, Utah Code Annotated (1953, as amended).
(B) An animal is a nuisance if it is determined by the Department to be a nuisance by virtue of being offensive or dangerous to the public health, welfare, or safety.
(C) Any animal which, by virtue of the number maintained, are determined by the Department to be offensive or dangerous to the public health, welfare, or safety.
(Ord. D-1-1994, passed - -1994)