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Holladay Overview
Holladay, UT Code of Ordinances
CITY CODE of HOLLADAY, UTAH
ORDINANCES PENDING REVIEW FOR CODIFICATION
TITLE 1 GENERAL PROVISIONS
TITLE 2 GOVERNMENT
TITLE 3 REVENUE AND FINANCE
TITLE 5 BUSINESS LICENSES AND REGULATIONS
TITLE 7 ADMINISTRATIVE CODE ENFORCEMENT PROGRAM
TITLE 8 ANIMALS
TITLE 9 HEALTH AND SAFETY
TITLE 10 PUBLIC PEACE, MORALS AND WELFARE
TITLE 11 VEHICLES AND TRAFFIC
TITLE 12 SUBDIVISIONS1
TITLE 13 LAND USE AND DEVELOPMENT
TITLE 14 HIGHWAYS, SIDEWALKS AND PUBLIC PLACES
TITLE 15 BUILDING CODES
TITLE 17 STORMWATER MANAGEMENT REGULATIONS
TITLE 18 ANTIDISCRIMINATION
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8.03.010: COMMERCIAL PERMITS REQUIREMENTS:
It is unlawful for any person to operate or maintain a commercial holding facility or any similar establishment, except a licensed veterinary hospital or clinic, unless such person first obtains a regulatory permit from the division, 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 division. Before the permit is issued, approval must be granted by the health department, the appropriate land use authority, and the director. (Ord. 2012-16, 6-21-2012)
8.03.020: REGULATORY AUTHORITY OF DIVISION:
The director shall have the authority to promulgate regulations for the issuance of permits and shall include requirements for humane care of all animals and for compliance with the provisions of this title and other applicable laws. Such regulations may be amended from time to time as deemed desirable for public health and welfare and for the protection of animals. Regulations promulgated under this delegation of authority shall not extend the power of the director or the division beyond that reasonably necessary to carry out the requirements of this title. Regulations shall not become effective until approved and adopted by the city council. (Ord. 2012-16, 6-21-2012)
8.03.030: PROCEDURES:
   A.   Form: All applications for permits to operate a commercial animal establishment or animal shelter shall be submitted to the director on a form provided by the director.
   B.   Verify Compliance: Upon submission of an application, the director will verify with the health department, appropriate land use authority, and appropriate business licensing division that the applicant is in compliance with applicable rules, regulations, ordinances and laws.
   C.   Fee Accompany Application: Applications must be accompanied by the fee established by resolution and adopted by the city council. The fee schedule may be modified from time to time as deemed necessary by the division and upon the approval of the city council.
   D.   Expiration Of Permit: Each permit issued under this chapter shall expire as outlined in section 8.03.150 of this chapter.
   E.   Nontransferable: Permits issued pursuant to this chapter are nontransferable.
   F.   Display Of Permit: A permit issued under this chapter shall be prominently displayed in the business office of the commercial animal establishment or animal shelter.
   G.   Late Applications: Late applications for the permits required by this chapter shall be subject to the late fee set forth in the current fee schedule. (Ord. 2012-16, 6-21-2012)
8.03.040: REQUIREMENTS FOR CATTERIES AND KENNELS:
In addition to obtaining the permit required by this chapter, all catteries and kennels within the city shall comply with all land use requirements and shall:
   A.   Be operated in such a manner as not to constitute a nuisance;
   B.   Provide an isolation area for boarded animals which are sick or diseased;
   C.   Retain for a period of one year the name, address and telephone number of the owner and license number of each dog or cat boarded;
   D.   Retain for a period of three (3) years the name and address of each person selling, trading or giving any animal to the kennel or cattery;
   E.   Keep all boarded animals caged or under control of the owner or operator of the kennel or cattery;
   F.   Care for all animals in the kennel or cattery, whether or not owned by the kennel or cattery, shall comply with all the requirements of this title for the general care of animals;
   G.   Comply with all applicable federal, state and local laws and all regulations respecting kennels and catteries which are adopted by the city and in effect from time to time; and
   H.   Supply the purchaser, residing in the licensing authority of this title, of any dog, cat or ferret with an application for animal license, the form of which is prescribed by the city. (Ord. 2012-16, 6-21-2012)
8.03.050: REQUIREMENTS FOR PET SHOPS:
In addition to obtaining the permit required by this chapter, all pet shops within the city shall comply with all land use requirements and shall:
   A.   Be operated in such a manner as not to constitute a nuisance;
   B.   Provide an isolation area for animals which are sick or diseased, sufficiently removed so as not to endanger the health of other animals;
   C.   Keep all animals caged or under the control of the owner or operator of the pet store;
   D.   With respect to all animals in the pet shop, comply with all provisions of this title providing for the general care of animals;
   E.   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;
   F.   Comply with all applicable federal, state and local laws and all regulations respecting pet shops that are adopted by the city and in effect from time to time;
   G.   Supply any purchaser, residing within the city, of any dog, cat or ferret with an application for animal license, the form of which is prescribed by the division; and
   H.   Provide the purchaser of an animal with written instructions as to the proper care and control of that species. (Ord. 2012-16, 6-21-2012)
8.03.060: REQUIREMENTS FOR ANIMAL GROOMING PARLOR:
In addition to obtaining the permit required by this chapter, all grooming parlors within the city shall comply with all land use requirements and shall:
   A.   Be operated in such a manner as not to constitute a nuisance;
   B.   Provide an isolation area for animals, which are sick or diseased, sufficiently removed so as not to endanger the health of other animals;
   C.   Keep all animals caged or under the control of the owner or operator of the grooming parlor;
   D.   With respect to all animals in the grooming parlor, complies with all provisions of this title providing for the general care of animals;
   E.   Comply with all applicable federal, state and local laws and all regulations respecting grooming parlors that are adopted by the city and in effect from time to time; and
   F.   Supply applications for animal licenses, in the form of which is prescribed by the division. (Ord. 2012-16, 6-21-2012)
8.03.070: REQUIREMENTS FOR STABLES:
In addition to obtaining the permit required by this chapter, all stables within the city shall comply with all land use requirements and shall:
   A.   Be operated in such a manner as not to constitute a nuisance;
   B.   Provide an isolation area for animals which are sick or diseased, sufficiently removed so as not to endanger the health of other animals;
   C.   Keep all animals confined or under the control of the owner or operator of the stable;
   D.   Care for all animals in the stable, shall comply with all the requirements of this title for the general care of animals; and
   E.   Comply with all applicable federal, state and local laws, and all regulations respecting stables that are adopted by the city and in effect from time to time. (Ord. 2012-16, 6-21-2012)
8.03.080: REQUIREMENTS FOR ANIMAL EXHIBITIONS:
   A.   Permit Required: It shall be unlawful for any person to own, operate, sponsor or conduct an animal exhibition within the city without first obtaining an animal exhibition permit issued by city, and/or division.
   B.   Prohibited Contests: No animal exhibition shall occur within the city in which any animal is exhibited, paraded or allowed to participate in a contest:
      1.   Under conditions which cause physical injury to such animal;
      2.   Under conditions that place spectators at risk of being harmed; or
      3.   Unless all applicable federal, state and local laws and regulations, and standards adopted by reputable, nationally recognized associations organized for the operation of such exhibitions and acceptable to the city, and/or division are complied with by the operator of the exhibition.
   C.   Penalty: A person owning, operating or sponsoring an animal exhibition within the city without first obtaining the permit therefor required by this chapter shall be guilty of a class B misdemeanor. Each day of violation of this section shall be a separate offense. The division may also seek to obtain an injunction against an animal exhibition through a court with jurisdiction over the matter.
   D.   Information Required: The application for an animal exhibition permit required by this section shall:
      1.   Describe the type of exhibition or contest and the kind and number of animals to be on exhibition or involved in the contest and list the sites and dates of the event; and
      2.   Contain such other information as may be required under regulations established by the director; and include a sworn statement by the applicant that the provisions of this title pertaining to animal exhibitions will be complied with at all times.
   E.   Issuance Conditions: No permit required by this section shall be issued until the applicant completes the application form, pays the applicable fees as set forth in the current fee schedule, and receives the written approval of the director of the provisions made for the safety, well being and comfort of the animals involved.
   F.   Term Of Permit: Animal exhibition permits issued pursuant to this section shall be effective only for the period specified in the permit, not to exceed thirty (30) days.
   G.   Nontransferable: A permit issued pursuant to this section shall not be transferable.
   H.   Display Of Permit: A permit issued pursuant to this section shall be displayed prominently at the site of the animal exhibition.
   I.   Waiver Of Fee: The director may waive the permit fee for an animal exhibition that is sponsored by a bona fide nonprofit organization, a governmental entity or a school if the purpose is a city or county public purpose or a charitable purpose.
   J.   Access Permitted: Animal exhibitions permitted under this section shall provide immediate access to animal control officers, health department agents, and/or state officials, for the purpose of compliance inspections. (Ord. 2012-16, 6-21-2012)
8.03.090: REQUIREMENTS FOR GUARD DOGS:
   A.   Permit Required: It shall be unlawful for any person to own a guard dog without first obtaining a guard dog permit as provided hereafter. It shall be unlawful for any person to hire the use of a guard dog that has not been issued a guard dog permit.
   B.   Application: A permit required by this section shall be obtained from the city. The application shall set forth the type of dog, the site where said dog shall be used, the hours of use of said dog, and any other information the director deems appropriate.
   C.   Nontransferable: Permits are not transferable from one owner to another, nor from one site to another.
   D.   Warning Signs: On the premises where a guard dog is used, conspicuous warning signs shall be posted at each door or gate that give access to the guard dog, and shall contain the following wording: "Warning: A Guard Dog Is Guarding This Property. Entry Herein May Cause Said Dog To Attack Your Person And Cause Significant Injury, Even Death. To Reach The Handler For Said Dog, Call (enter telephone number)". The telephone number contained in the warning required by this section must provide a twenty four (24) hour per day access to the guard dog's owner or handler.
   E.   Nuisance: A guard dog shall not be allowed to become a nuisance.
   F.   Microchip, Collar Required: A guard dog shall, in addition to licensing, be microchipped and the microchip number shall be registered with the city. The license shall be attached to a one inch (1") wide red or orange collar with the word "danger" written or embroidered in black lettering three-fourths inch (3/4") in height. The collar must be on the dog at all times.
   G.   Penalty: Any person violating any provision of this section shall be guilty of a class B misdemeanor. Each day a guard dog is deployed for use by any person for the detection of intruders and/or protection of premises, in violation of any provision of this section, shall be deemed a separate offense. (Ord. 2012-16, 6-21-2012)
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