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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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8.06.070: HARBORING STRAY ANIMALS; UNLAWFUL CONFINEMENT OR CONCEALMENT OF ANIMALS:
   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)
8.06.080: DOGS OR FERRETS RUNNING AT LARGE; OWNER LIABILITY:
It is unlawful for the owner or handler of any dog or ferret to allow such dog or ferret at any time to run at large. The owner or handler of a dog or ferret shall be liable in damages for injury committed by such dog or ferret and it shall not be necessary in any action brought thereof to allege or prove that such dog or ferret was of a vicious or mischievous disposition or that the owner or keeper thereof knew that it was vicious or mischievous. (Ord. 2012-16, 6-21-2012)
8.06.090: ANIMAL TRESPASS:
It is unlawful for the owner or handler of an animal to allow such animal to trespass on the property of another. (Ord. 2012-16, 6-21-2012)
8.06.100: STAKING DOGS IMPROPERLY:
   A.   Unlawful: It is unlawful for any person to chain, stake out or tether any dog on any unenclosed premises in such a manner that the animal may go beyond the property line unless such person has permission of the owner of the affected property.
   B.   Access To Necessities Required: It is unlawful for any person to chain, stake out or tether any dog on any premises in a manner that prevents the dog from having access to food, water or shelter. (Ord. 2012-16, 6-21-2012)
8.06.110: 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 other structure so as to prevent it from attracting by scent or coming into contact with other dogs and creating a nuisance. (Ord. 2012-16, 6-21-2012)
8.06.120: DOGS PROHIBITED IN DESIGNATED AREAS:
   A.   Restaurants And Similar Places: It is unlawful for any person to take or permit any animal, whether loose or on a leash or in arms, in or about any establishment or place of business where food or food products are sold or displayed, or served, including, but not limited to, restaurants, grocery stores, meat markets and fruit or vegetable stores.
   B.   Watershed Areas: It is unlawful for any person keeping, harboring or having charge or control of any dog or cat to allow such animal to be within protected watershed areas as designated by either the health department or any public water district.
   C.   Staking In Public Place: It is unlawful for any person to chain, stake out or tether any animal in a public place unless the owner or handler of the animal is continually present and the animal is properly restrained so that the animal poses no threat of contact with a person engaged in a normal and expected activity.
   D.   Public Parks: It is unlawful for any person to take or permit any unrestrained animal in any public park located within the city. Any animal in a public park must be continually kept on a leash, not over eight feet (8') in length, which is of sufficient strength to ensure that the animal's owner or handler shall at all times have absolute control over the animal. The director may grant exceptions to this subsection for a licensed animal exhibition.
   E.   Exceptions: This section shall not apply to dogs provided for in subsection 8.04.090B of this title, or when the director of the health department adopts rules and regulations, which are subsequently ratified by the city council, which set forth the times and places where the dog or dogs may be allowed without compromising the health and safety of humans, causing a nuisance, or damaging property. (Ord. 2012-16, 6-21-2012)
8.06.130: ATTACKS BY ANIMALS; OWNER LIABILITY; DESTRUCTION AUTHORIZED WHEN:
   A.   Attacking, Chasing Or Worrying: It is 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 human, domesticated animal, any species of hoofed wildlife protected by any law or ordinance, or any pet or companion animal. "Worry", as used in this section, means to harass or intimidate by barking or baring of teeth, growling, biting, shaking or tearing with the teeth; or approaching any person in an apparent attitude of attack or any aggressive behavior which would cause a reasonable person to feel they were in danger of immediate physical attack.
   B.   Penalty Additional: Any penalty imposed as a result of prosecution of a person under subsection A of this section shall be in addition to any penalties or liabilities imposed upon such person by any other law or ordinance.
   C.   Owner Liability: The owner in violation of subsection A of this section shall be strictly liable for violation of this section. In addition to being subject to prosecution under subsection A of this section, the owner of such dog shall also be liable in damages to any person injured or to the owner of any animal(s) injured or destroyed thereby.
   D.   Mitigating Circumstances: The following shall be considered in mitigating the penalties or damages, or in dismissing a charge brought under subsection A of this section:
      1.   That the animal was properly confined on the premises; or
      2.   That the animal was deliberately or maliciously provoked.
   E.   Authorized Action For Protection: Any person may kill (or take other protective action against) an animal while it is committing any of the acts specified in subsection A of this section, while such animal is being pursued after committing any of such acts, or to protect him/herself, or members of the public, from any threat of death or personal injury then being posed by the animal. (Ord. 2012-16, 6-21-2012)
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