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A. Unlawful To Harbor Stray Dogs: It shall be unlawful for any person, except an animal welfare society incorporated within the state under Utah Code Annotated section 76-9-302, as amended, to harbor or keep any lost or strayed dog. Whenever any dog shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the animal control department within twenty four (24) hours, and the department shall impound the dog as herein provided. (1999 R.O. § 25-3-1)
B. Dogs Running At Large: It shall be unlawful for the owner or person having charge, care, custody or control of any dog to allow such dog at any time to run at large. The owner or person charged with responsibility for a dog found running at large shall be strictly liable for a violation of this subsection regardless of the precautions taken to prevent the escape of the dog and regardless of whether or not he knows that the dog is running at large. A dog is deemed "at large" unless personally controlled by leash or lead in condominium common areas, public parks, parking lots open to public, ski areas, golf courses and shopping centers. (1999 R.O. § 25-3-2)
C. Dogs On Unenclosed Premises: It shall be 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. (1999 R.O. § 25-3-3)
D. 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 secure enclosure so as to prevent it from coming into contact with other dogs and creating a nuisance, except for planned breeding. (1999 R.O. § 25-3-4)
E. Places Prohibited To Dogs; Exemptions: It shall be unlawful for any person to take or permit any dogs, 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, including, but not limited to, restaurants, grocery stores, meat markets, and fruit or vegetable stores. It shall be unlawful for any person keeping, harboring or having charge or control of any dog to allow said dog to be within any watershed area so designated by ordinance or otherwise legally appointed, either now existing or to be defined in the future, or on any construction site of a building, building improvement, road, utility, or other construction site during any time when actual construction or excavation activity is taking place. This subsection shall not apply to dogs provided for in subsection 5-1-3F2 of this chapter. (1999 R.O. § 25-3-5)
F. Dogs Attacking Persons And Animals:
1. Attacking Dogs: It shall be unlawful for the owner or person having charge, care, custody or control of any dog to allow such dog to attack, chase or worry any person, any domestic animal having a commercial value, or any species of protected wildlife, or to attack domestic fowl. "Worry", as used in this subsection, shall mean to harass by tearing, biting or shaking with the teeth, or without provocation to chase or approach any person in an apparent attitude of attack when such person is in a place where he/she has a right to be.
2. Owner Liability: The owner in violation of subsection F1 of this section shall be strictly liable for violation of this subsection. In addition to being subject to prosecution under subsection F1 of this section, the owner of such dog shall also be liable in damages to any person injured or to the owner of any animals injured or destroyed thereby.
3. Defenses: The following shall be considered in mitigating the penalties or damages or in dismissing the charge:
a. The dog was properly confined on the premises;
b. The dog was deliberately or maliciously provoked.
4. Dogs May Be Killed: Any person may kill a dog while it is committing any of the acts specified in subsection F1 of this section, or while such dog is being pursued thereafter. (1999 R.O. § 25-3-6)
G. Fierce, Dangerous Or Vicious 1 Animals; Court Order: It shall be unlawful for the owner of any fierce, dangerous or vicious animal to permit such animal to go or be off the premises of the owner unless such animal is under restraint and properly muzzled so as to prevent it from injuring any person or property. 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 of animal control shall seek a court order for destruction of or muzzling of the animal. (1999 R.O. § 25-3-7)
H. Nuisance Animals: Any owner or person having charge, care, custody or control of an animal or animals causing a "nuisance", as defined in this subsection, shall be in violation of this subsection and subject to the penalties provided herein. The following shall be deemed a nuisance:
1. Causes damages to the property of anyone other than its owner;
2. Is a "vicious animal", as defined herein and kept contrary to subsection G of this section;
3. Causes unreasonable fouling of the air by odors that can be detected at the nearest adjoining residence;
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 person owning, having a proprietary interest in, harboring or having care, charge, control, custody or possession of such animal shall remove any such defecation to a proper trash receptacle;
6. Barks, whines or howls or makes other disturbing noises in an excessive, continuous or untimely fashion;
7. Attacks other domestic animals;
8. Is determined by the department of animal control or the county health department to be offensive or dangerous to the public health, safety or welfare;
9. Any animals, which, by virtue of the number maintained, are determined by the department of animal control or the county health department to be offensive or dangerous to the public health, welfare or safety. (1999 R.O. § 25-3-8)
I. Violation; Revocation Of Dog License: If the owner of any dog is found to be in violation of this section on three (3) or more different occasions during any twelve (12) month period, the director of animal control may seek a court order revoking for a period of one year any dog license such person may possess and providing for the animal control department to pick up and impound any dog kept by the person under such order. Any dog impounded pursuant to such an order shall be dealt with in accordance with the provisions of this chapter for impounded animals, except that the person under the order of revocation shall not be allowed to redeem the dog under any circumstances. (1999 R.O. § 25-3-9)
J. Bites; Duty To Report:
1. Any person having knowledge of any individual or animal having been bitten by an animal of a species subject to rabies shall report the incident immediately to the department of animal control or county sheriff's office.
2. The owner of an animal that bites a person and any person bitten by an animal shall report the bite to the department of animal control or the health department within twenty four (24) hours of the bite, regardless of whether or not the biting animal is of a species subject to rabies.
3. A physician or other medical personnel who renders professional treatment to a person bitten by an animal shall report the fact that he has rendered professional treatment to the department of animal control or the county health department within twenty four (24) hours of his first professional attendance. He shall report the name, sex and address of the person bitten as well as the type and location of the bite. If known, he shall give the name and address of the owner of the animal that inflicted the bite, and any other facts that may assist the department of animal control in ascertaining the immunization status of the animal.
4. Any person treating an animal bitten, injured or mauled by another animal shall report the incident to the department of animal control. The report shall contain the name and address of the owner of the wounded, injured or bitten animal, the name and address of the owner, a description of the animal that caused the injury, and the location of the incident.
5. Any person not conforming to the requirements of this subsection shall be in violation of this section. (1999 R.O. § 25-3-10)
1. See also section 5-1-7 of this chapter.