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An owner or person having charge, care, custody or control of an animal or animals creating a "nuisance", as defined in this title, shall be guilty of allowing a nuisance in violation of this title and subject to the penalties provided herein. (Ord. 2012-16, 6-21-2012)
The term "public nuisance animal" shall mean and include, but is not limited to, any animal that:
A. Is repeatedly found at large;
B. Damages the property of anyone other than its owner;
C. Repeatedly molests or intimidates neighbors, pedestrians or passersby by lunging at fences, chasing, or acting aggressively toward such person, unless provoked by such person;
D. Chases vehicles;
E. Makes disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other noise which causes unreasonable annoyance, disturbance, or discomfort to neighbors or others;
F. Causes fouling of the air by odors and thereby creates unreasonable annoyance or discomfort to neighbors or others;
G. Causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored;
H. Defecates on any public or private property without the consent of the owner of such property, unless the handler of such animal shall have in his or her possession the instruments to clean up after his or her animal and shall remove the animal's feces to a proper trash receptacle;
I. Is offensive or dangerous to the public health, safety, or welfare by virtue of the number and/or types of animals kept or harbored;
J. Attacks people or other animals, whether such attack results in actual physical harm to the person or animal to whom or at which the attack is directed;
K. Has been found by a court or by any other commission or board lawfully established under Utah law, to be a public nuisance under any other provision of Utah law;
L. Cannot be restrained by normal restraints, such as standard leashes, standard chains, or muzzles; or
M. Cannot be effectively controlled by its owner or handler.
The fact, or evidence of the fact, that the factors alleged to have caused the animal to be a nuisance are inherent and/or natural behavior for such animal, or the action of the owner or animal are otherwise legal, shall not negate or excuse a charge of nuisance. (Ord. 2012-16, 6-21-2012)
A. Authority: If the director has reasonable grounds to believe that an animal constitutes a "public nuisance animal", as defined herein, and that such nuisance necessitates immediate abatement, he/she may issue an abatement order, by mail or posting, giving the animal owner or keeper seven (7) days to abate the animal nuisance. If the animal nuisance is not abated within seven (7) days after delivery of the abatement notice, an animal control officer may seize the animal pending delivery of an order concerning the disposition of the animal by a court of competent jurisdiction. Each day that an owner or keeper allows an animal nuisance to persist beyond seven (7) days following delivery of an abatement notice will constitute a separate violation of this title.
B. Costs: If the court determines that the animal in question is not a nuisance and/or need not be abated for the public health and safety, the city shall cause the animal to be returned to the owner or handler forthwith, and shall assume the responsibility for the costs incurred while the animal is under the care and keeping of the city. If the court determines that the animal in question constitutes a public nuisance, the owner or handler shall be liable to the city for the cost incurred by the city for the animal's care and keeping while the matter is before the courts, and for the cost of destroying the animal. (Ord. 2012-16, 6-21-2012)
A. Time Limit For Reporting: Persons who obtain knowledge that an animal has bitten another animal or a human shall report the facts to the director within twenty four (24) hours of the bite, regardless of whether the biting animal is of a species subject to rabies.
B. Medical Personnel: A physician, or other medical personnel, who renders professional treatment to a person bitten by an animal shall report that fact to the director and the health department within twenty four (24) hours of his/her first professional attendance. Said report shall include the name, sex and address of the person bitten as well as the type and location of the bite. If known, the person making the report shall give the name and address of the owner of the animal that inflicted the bite, and any other facts that may assist the director in ascertaining the immunization status of the animal.
C. Veterinarians: A veterinarian, or other person who treats an animal bitten, injured or mauled by another animal shall report that fact to the director. The report shall contain the name and address of the owner of the injured animal, the name and address of the owner, if known, of the animal which caused the injury, and a description of the animal, if known, which caused the injury, and the location of the incident.
D. Violation: Any person not conforming with the requirements of this section shall be in violation of this title. (Ord. 2012-16, 6-21-2012)
It shall be a violation of this title for an owner or handler of a dangerous or vicious animal to allow or permit said animal to go or be off his/her premises unless such animal is under secure restraint and muzzled and/or confined so as to prevent it from injuring any person, property, or other animal. The owner of any dangerous or vicious animal shall microchip the animal and register the microchip number with the director. 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 director may take the same action in regards to such animal as is permitted in section 8.06.030 of this chapter, or may seek a court order for destruction of or muzzling of the animal. (Ord. 2012-16, 6-21-2012)
A. At Large: It is unlawful for an owner or handler of livestock to allow, either negligently or wilfully, the same to run at large in an area where such is not permitted by any law or regulation.
B. Trespassing: It is unlawful for an owner or handler of livestock to allow, either negligently or wilfully the same to be herded, pastured, or to otherwise enter upon the land of another person without the consent of that person.
C. Fencing: In areas where livestock are not permitted to run at large, the owner or handler of livestock shall construct adequate fencing and shall maintain said fencing to prevent livestock animals' escape from the owner's or handler's premises.
D. Adequate Fencing Defined: For the purposes of this section, "adequate fencing" means, at a minimum, mesh, barbed wire, chainlink, rail, or post fencing; or metal fence panels.
E. Stallions: Because of the unusual hazards presented by stallions, such animals shall be confined in a fenced enclosure with a minimum fence height of eight feet (8').
F. Failure To Comply: Failure by an owner or handler to erect and maintain the fencing required by this section, thus permitting the escape of, or injury to persons, property or other domesticated animals, shall be a violation of this title. (Ord. 2012-16, 6-21-2012)
A. Harboring Prohibited: It shall be unlawful for any person, except an animal welfare society incorporated or otherwise qualified to do business within Utah and licensed under this title, to harbor or keep any lost or stray pet, unless otherwise allowed by Utah law. A person who assumes and maintains control of a lost or strayed pet longer than twenty four (24) hours, without notifying the director of the presence and location of said animal, shall be presumed to have violated this section.
B. Unlawful Confinement: It shall be unlawful for any person to take an animal, without the permission of the owner or handler thereof, and/or to confine an animal in a place unknown to the owner or handler; or to conceal an animal's whereabouts from the owner or handler thereof. The offense described herein is committed irrespective of the period of time of such unlawful confinement or concealment. This section shall not apply to animal control officers legally taking an animal in an emergency or under protection from its owner or handler. (Ord. 2012-16, 6-21-2012)
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