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A. Animals At Large Prohibited: It shall be unlawful for any animal to run at large, except:
1. Animals may be at large while participating in field trials and obedience classes.
2. Animals properly controlled by a participant as part of a recognized dog club.
3. Animals assisting a peace officer engaged in law enforcement duties, or while being trained for the same.
4. Animals on the owner's private property so long as such animals are under the direct and effective sound or gesture control, and within sight of owners or such individuals noted above, to assure that such animals do not violate any provisions of this title.
B. Livestock Running At Large Prohibited: No livestock shall be allowed to run at large or be picketed or staked out or driven upon any street, sidewalk, airport or any other public place within the limits of the city, except by permission of the chief of police and all such animals so found running at large, picketed or staked out without the owner thereof having first secured a permit from the chief of police may be impounded and taken to the shelter. Permits shall be issued by the chief of police only after he has determined that the health, safety, peace and quiet, and property of the citizens of the city will not be endangered or damaged by such animals.
C. Animals In Vehicles: No driver of a motor vehicle shall transport or carry on any public highway or street any dog in a motor vehicle unless the animal is safely enclosed within the vehicle or protected by a shell, container, cage or other device that will prevent the dog from falling from, being thrown from or jumping from the motor vehicle.
D. Confinement Of Female Dogs Or Cats: Any owner or person having charge, care, custody or control of any female dog or cat in estrus shall, in addition to restraining such dog or cat from running at large, cause such a dog or cat to be constantly confined in a humane manner in a building or secure enclosure so as to prevent it from attracting by scent or coming into contact with other dogs or cats and creating a nuisance, except for a planned breeding.
E. Vicious Or Dangerous Or Potentially Dangerous Animals: Any known vicious, dangerous, potentially dangerous, or threatening animal shall be restrained on the owner's premises in such a way as to protect any person lawfully entering or passing such premises. Every vicious or dangerous or potentially dangerous animal shall be muzzled or caged whenever off the premises of its owner.
F. Unlawful Attacks: The owner, keeper or harborer of any animal that attacks, bites, chases or threatens any person, any domestic animal or any species of wildlife shall be guilty of a class B misdemeanor.
G. Unlawful Restraining: In addition to the provisions regarding tethering of dogs on private property set forth in subsection L of this section, it is unlawful for any person to chain, stake out or tether any animal on any unenclosed premises in such a manner that the animal may go beyond the property line or onto the premises of another person, unless the owner or lessee of the affected property has given permission. No animals shall be chained, staked out or tethered along alleys, sidewalks or along public streets or easements.
H. Fowl Running At Large: It is unlawful for the owner of any domestic fowl, such as turkeys, ducks, geese, chickens, peacocks, pigeons and any game fowl to permit such fowl to trespass or go upon the premises of another or to run at large within the limits of the city.
I. Unlawful Straying: It is unlawful for any person, owning or having the custody, possession or control of any animal of a class of livestock to allow, either negligently or with specific intent, the animal to run at large in or about a public property or roadway, where such is not otherwise permitted by law, or to otherwise permit the animal to be herded, pastured or to go upon the land of another without permission.
J. Fencing: All fencing of property, where a class of livestock are kept, shall be of sufficient construction to prevent the escape of or injury to the animals being confined, within the fencing. The fencing shall be maintained so that no part of such fence, absent extraordinary circumstances, may be broken, damaged or in any way create the possibility of injury to the confined animal or to allow escape thereof.
K. Liability: The owner or person charged with responsibility for any animal running at large or otherwise improperly restrained shall be strictly liable for any violation under this section, regardless of whether or not such owner or person knows that the animal is running at large or that is otherwise in violation.
L. Unlawful Tethering Of Dogs On Private Property:
1. At all times, dogs shall be humanely restrained, as defined in section 13-2-1 of this chapter.
2. As used in this subsection, "tether" means to restrain a dog by tying the dog to any object or structure including, without limitation, a house, tree, fence, post, garage, or shed, by any means, including, without limitation, a chain, rope, cord, leash or running line. Tethering shall not include using a leash to walk a dog.
3. It shall be unlawful for any person to tether a dog while outdoors on private property, except when all of the following conditions are met:
a. The tether is connected to the dog by a buckle type collar or a body harness made of nylon or leather, and of an appropriate size for the breed.
b. The tether has the following properties: it terminates at both ends with a swivel; it does not weigh more than one- eighth (1/8) of the dog's weight; and it is free of tangles.
c. The dog is at least six (6) months of age.
d. The dog is not sick or injured.
e. Pulley, running line, or trolley systems are at least fifteen feet (15') in length and are less than seven feet (7') above the ground.
f. If there are multiple dogs, each dog is tethered separately so as not to become tangled.
g. The dog shall be tethered for a maximum of ten (10) hours in a twenty four (24) hour period.
M. Restraining Animals And Leash Law: It is unlawful for any person owning or having the custody, possession, or control of any animal to, either negligently or with specific intent, improperly restrain or fence the animal in a manner that allows the animal to escape or to run at large. Dogs are to be restrained on a proper leash at all times on the public right of way and in public places.
(Ord. 2013-44, 10-15-2013)
A. Care And Control Required: All persons harboring, owning, keeping, possessing, maintaining or having custody of any animal shall exercise proper care and control of his/her animal in order to prevent them from becoming a public nuisance. Any owner or possessor of an animal who maintains a public nuisance in a manner contrary to the provisions of this chapter, and/or the owner of the property upon which the animal is usually maintained (if the violation is of the nature of a property maintenance violation under other provisions of this code), shall be subject to enforcement as provided in this title. Any animal shall be deemed a public nuisance if the animal:
1. Causes damage to the property of anyone other than its owner.
2. Causes unreasonable odors.
3. Causes unsanitary conditions.
4. Barks, whines, howls or makes other disturbing noises for an extended period of time.
5. Chases vehicles.
6. Is a "vicious animal", as defined herein.
7. Is a "dangerous dog", as defined herein.
8. Is a "potentially dangerous dog", as defined herein.
9. Is an animal which has been impounded for being at large, or its owner or possessor has been convicted for the animal being at large, on three (3) separate occasions within a twelve (12) month period.
10. Worries domestic animals, persons, or wildlife.
11. Is an animal which has been found to be in violation of this title on three (3) or more different occasions during any twelve (12) month period.
B. Abatement: When it reasonably appears to the animal services coordinator or officer that any animal is a "public nuisance", as defined in subsection A of this section, and that such nuisance should be abated, the animal services coordinator or officer shall first attempt to obtain the written consent of the animal's owner to abate the animal. "Abatement" shall be defined to include either relocating or euthanizing the animal. If the animal owner's consent cannot be readily obtained, the animal services coordinator or officer may file with the justice court a charge of the maintenance of a nuisance. The charge shall set forth the facts according to the best of the animal services coordinator or officer's information and belief, indicating that the owner is maintaining a nuisance and that the nuisance should be abated. The court may then order that the animal be impounded pending disposition and shall then order that the owner be summoned into court to answer to the charge. If the charge is denied, a hearing shall be set upon not less than three (3) days' notice to the owner. If the court finds that the charge of maintaining a nuisance has been proven, the court shall issue an order to the animal services coordinator or officer setting out the method of abatement. Abatement should not be by relocation if the animal represents a continuing threat of serious harm. If relocation is ordered, the court may set whatever conditions are necessary to guarantee that said animal shall not constitute a nuisance in the future. If the animal is determined to be a nuisance, the court may order that the owner pay the cost of impoundment of the animal during the court proceedings. Any animal determined to be a dangerous dog or a vicious animal shall be implanted with microchip identification and/or tattooed before final release or relocation. Any other animal determined to be a nuisance may be required by the court to be implanted with microchip identification and/or tattooed before final release or relocation, if the court determines that the ability to identify the animal in the future is in the public interest.
C. Licensing Restrictions: In addition to the remedies and penalties provided above, if the court orders that the person charged with maintaining a nuisance be restricted in the person's right to own or maintain an animal, the court may revoke any existing dog or cat license issued to such person and order that no dog or cat license be issued to such person, under the provisions of this title, during the subsequent twelve (12) month period. Upon the issuance of such order, the city shall not issue any new dog or cat license or permit to that person during the subsequent twelve (12) month period.
(Ord. 2013-44, 10-15-2013)
A. Definitions:
DANGEROUS DOG: As used in this chapter, shall mean any dog:
1. Which has exhibited a propensity, tendency or disposition to attack, to cause injury or to otherwise threaten the safety of human beings or domestic animals; or
2. Which, without provocation, chases or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack; or
3. Which has severely injured or killed a domestic animal, without provocation, while not properly restrained on the owner's or possessor's property; or
4. Which has attacked, bitten or inflicted a physical injury on a human being without provocation; or
5. Which, with or without provocation, has inflicted severe injury upon or caused the death of a human being; or
6. Which is owned or harbored primarily or in part for the purpose of dogfighting or any dog used for dogfighting. A dog shall not be found to be owned or harbored for the purpose of dogfighting solely on the basis of an exercise program or the use of exercise equipment.
POTENTIALLY DANGEROUS DOG: As used in this chapter, shall mean any dog:
1. Which has been found running at large and impounded, or whose owner has received citations for violations of this title concerning the dog in question, two (2) or more times within any twelve (12) month time period; or
2. Which, without provocation, acts in a highly aggressive manner within a fenced yard/enclosure and appears to a reasonable person able to jump over or escape; or
3. Which, without provocation, has tried to attack a person or domestic animal if it is restrained by a leash, fence or other means and it is clear that only the presence of the leash, fence or other means of restraint prevented the dog from immediate attack.
PROVOCATION: Any act toward a dog done with the intent to tease, torment, abuse, assault or otherwise cause a reaction by the dog; provided however, that any act by a person done in self-defense shall not be considered to be a provocation. "Provocation" shall also include any act by a dog in defense of a litter while the dog was properly confined on the owner's property.
B. Determination; Abatement:
1. Options: If the animal services coordinator determines that a dog is a "dangerous dog", as defined herein, the animal services coordinator shall either proceed to abate the animal under subsection 13-2-7B of this chapter, attempt to obtain the written consent of the dog's owner to euthanize the dog, or require the owner to register and restrain the dog in accordance with this chapter. If the animal services coordinator determines that a dog is a "potentially dangerous dog" as defined herein, the animal services coordinator shall provide written notice to the owner or keeper of the dog, and shall require the owner to register, pay applicable fees, and restrain the dog in accordance with this chapter.
2. Aggravating Circumstances: If aggravating circumstances are determined to exist, the animal services coordinator shall immediately proceed with abatement proceedings and shall not provide the owner with the option of registration. Aggravating circumstances may include any of the following circumstances:
a. That the unprovoked attack resulted in the death or severe injury of a human being. "Severe injury" means any injury that results in fractured bones, extensive medical care, or maiming.
b. That the dog in question has previously, without provocation, attacked, bitten or inflicted physical injury on a human being or domestic animal.
c. That the dog has previously been registered to be a dangerous dog or potentially dangerous dog and either repeats the same or similar behavior or whose owner fails to comply with the ordinances pertaining to registration or control of dangerous dogs or potentially dangerous dogs.
3. Exceptions: No dog shall be considered dangerous or potentially dangerous if the finding is based solely on the fact that the dog attacked, bit or menaced a person committing a crime against person or property at the time of the attack.
4. Owner Knowledge: It shall not be necessary, in order to sustain a charge of maintaining a nuisance to prove that the owner knew that such dangerous dog possessed the propensity to attack, cause injury or threaten persons or other animals where the owner continues to maintain the dangerous dog.
5. Hearing: An owner or keeper of a dog that is determined to be a "potentially dangerous dog" pursuant to this subsection may appeal such decision before a hearing officer by filing a written application in the office of the city recorder for a hearing and present and contest such determination before a hearing officer. Such application shall be filed within ten (10) calendar days of the date of the notice of decision and shall be accompanied by a twenty five dollar ($25.00) filing fee. The hearing shall be conducted as provided in title 4, chapter 4, article A, "Administrative Hearings", of this code. The burden of proving that a dog should not be considered a "potentially dangerous dog" shall be on the appellant.
C. Registration:
1. Required: It is unlawful for an owner to have a dangerous dog or potentially dangerous dog within the limits of the city without a certificate of registration issued by the animal services coordinator. This action shall not apply to dogs used by law enforcement officials for police work.
2. Requirements: A dangerous dog, or potentially dangerous dog, shall not be registered by the animal services coordinator unless the owner shall meet the following requirements:
a. The owner shall, on or prior to the effective date of such registration, have an enclosure, as described in subsection D1 of this section, for the dangerous dog or potentially dangerous dog on the property where the dog will be kept or maintained. The "effective date" shall be determined at the time of the bite or aggressive behavior causing the "dangerous dog" requirements to be imposed.
b. The owner shall display a sign on the premises warning that there is a dangerous or vicious dog on the premises. The sign shall be clearly visible and capable of being read from the closest public thoroughfare or highway. In addition, the owner shall conspicuously display a sign with a warning symbol that informs children of the presence of a dangerous dog.
c. The owner shall, at his own expense, have the animal licensed and microchipped.
d. The owner may, at the owner's expense, have the licensing number assigned by the city to such dangerous dog or potentially dangerous dog permanently tattooed upon the dog by a licensed veterinarian or person trained by profession as a tattooist. The tattoo shall be placed on the upper left rear thigh of the dog. The animal services coordinator may otherwise designate the particular location of the tattoo.
e. The owner shall at all times cause the dangerous dog or potentially dangerous dog to wear a collar with a tag of a color and type designated by the animal services coordinator so that the dog is readily identifiable as a dangerous dog or potentially dangerous dog.
f. The owner shall, at his own expense, have the dangerous dog or potentially dangerous dog spayed or neutered by a licensed veterinarian.
g. The owner shall sign a statement attesting that:
(1) The owner shall abide by the requirements of registration and the ordinances as they pertain to the control of dangerous dogs or potentially dangerous dogs within the limits of the city;
(2) The owner or keeper shall notify the division immediately if a dangerous dog or potentially dangerous dog is on the loose, is unconfined, or has attacked another animal or a human being. If the dangerous dog has died, been sold or given away, the owner or keeper shall notify the animal services coordinator by the end of the next business day and shall also provide the division with name, address and telephone number of the new owner of the dangerous dog or potentially dangerous dog;
(3) The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by subsection C2i of this section during the twelve (12) month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the dangerous dog or potentially dangerous dog prior to expiration of such license; and
(4) The owner shall agree to inspection of the premises in order to ensure compliance with the ordinance controlling dangerous dogs or potentially dangerous dogs.
(5) In the event the dangerous dog or potentially dangerous dog is usually kept on premises owned by someone other than the owner of the dog, the owner of the dog must obtain written permission from the landlord or property owner to keep the dog on such premises, a copy of which shall be filed with the city at the time of licensing.
h. The owner shall pay an annual registration fee as specified in subsection 13-2-3A8 of this chapter. Said fee shall be over and above regular license fees.
i. The owner or keeper shall present to the division proof that the owner or keeper has procured liability insurance in the amount of at least fifty thousand dollars ($50,000.00), covering any damage or injury that may be caused by such dangerous dog or potentially dangerous dog during the twelve (12) month period for which licensing is sought, which policy shall contain a provision requiring Ogden Animal Services, 2186 Lincoln Avenue, Ogden, UT 84401, to be named as an "other interested party" for the sole purpose that Ogden Animal Services shall be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy. Such proof of insurance shall be in such form as approved by the city's risk manager or city attorney, and shall be provided annually upon license renewal.
3. Inspections And Seizure; Authority: The animal services coordinator is hereby empowered to make whatever inquiry is deemed necessary to ensure compliance with the provisions regarding dangerous dogs or potentially dangerous dogs, including inspection of premises in which a dangerous dog or potentially dangerous dog is kept, and any animal control officer or peace officer is hereby authorized to seize and impound any dangerous dog or potentially dangerous dog whose owner fails to comply with the provisions hereof.
4. Minors; Parent Responsible: If the actual owner of the dangerous dog or potentially dangerous dog is under the age of eighteen (18), the parent or guardian of that minor shall be responsible for compliance with requirements of this chapter regarding registration and control of dangerous dogs or potentially dangerous dogs.
D. Control:
1. Confinement: While on the owner's property, a dangerous dog or potentially dangerous dog shall be securely confined indoors or in a securely enclosed and locked pen or structure, suitable to prevent the entry of young children and designed to prevent the dog from escaping. Such pen or structure must have minimum dimensions of five feet by ten feet (5' x 10'). The pen or structure must have a cement floor with secure sides attached to the bottom and a secure top attached to the sides. The enclosure must also provide protection from the elements for the dog.
2. Off Premises: A dangerous dog or potentially dangerous dog may be off the owner's premises, or outside of an enclosure as described above, only if it is muzzled and restrained by a substantial chain or leash not exceeding three feet (3') in length and under the control of a person capable of completely restraining the dog and under the direct supervision of the owner or if enclosed in an airline approved dog shipping crate. The muzzle must be a commercial muzzle appropriate to the breed, made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.
(Ord. 2013-44, 10-15-2013)
A. Authority To Enter Premises: Any police officer, the animal services coordinator or his/her assistants and officers are authorized to enter the open premises of any person to take possession of any fierce, dangerous or potentially dangerous, vicious or at large animal when in fresh pursuit of such animal at the time it goes onto private property.
B. Confinement; Provisions Authorizing: The animal services coordinator shall place all animals which he/she takes into custody in the Weber County Animal Shelter. Weber County ordinances and regulations pertaining to the shelter shall apply. Animals shall be taken into protective custody in the following cases:
1. Any animal being kept or maintained contrary to the provisions of this title.
2. Any sick or injured animals whose owners cannot be immediately located or whose owner requests impoundment for euthanasia.
3. Any abandoned, neglected or distressed animal whose health or safety may be threatened should the animal not be readily placed into protective custody.
4. Any animal running at large contrary to the provisions of this title, with any reasonable means to immobilize or capture such animal.
5. Any animal which is by this title required to be licensed and is not licensed.
6. Any animal which is not vaccinated for rabies in accordance with requirements of this title.
7. Any animal to be held for quarantine.
8. Any vicious animal not properly confined as required.
9. Any dangerous dog or potentially dangerous dog not properly confined as required.
10. Any animal in the custody of any person who is arrested or otherwise detained by any law enforcement officer, in the event another responsible party cannot be immediately located by the owner.
C. Notification To Owner: If by license tag, microchip or other means the owner of a sheltered or injured animal can be identified, the division shall, upon taking the animal into protective custody, make reasonable efforts to notify the owner by telephone, personal contact or mail sent to the last known address of the listed owner if identified.
D. Disposition If Unreclaimed: Any animal voluntarily relinquished or any animal taken into protective custody which is not reclaimed by its owner within five (5) working days (excluding Sundays and holidays) shall become the property of the county.
E. Citation In Lieu Of Custody: In lieu of placing an animal found at large in protective custody, the animal services officer may issue a citation of ordinance violation to the owner.
F. Animal Rescue Organizations: At the discretion of the animal services coordinator, and consistent with the city's agreement with the Weber County Animal Shelter, an animal surrendered by its owner may be taken to an appropriate rescue organization.
G. Medical Attention: Any animal in protective custody having or suspected of having serious injury or a contagious disease requiring medical attention may be examined and may receive appropriate medical attention at the discretion of the animal services coordinator, or his/her assistants and officers.
H. Extensive Injuries Or Disease: When in the judgment of the animal services coordinator or his/her assistants and officers, it is determined that an animal should be euthanized for humane reasons, such as extensive or irreparable injuries or disease, that animal may be euthanized upon obtaining the judgment of a veterinarian, or of two (2) witnesses called by the officer to view the animal in the officer's presence, or upon obtaining consent to the destruction from the owner or keeper of the animal, or as otherwise provided by law.
I. Redemption; Approval: The owner of any animal taken into protective custody or his/her authorized representative may redeem such animal while still in the care of the Weber County Animal Shelter according to the county's fee schedule and regulations, and at such time as the animal's release is approved by the division.
J. Records Required: The division shall keep records showing:
1. Complete description of the animal, including tag numbers and license records.
2. The manner and date of protective custody.
3. Where the animal was picked up and the identification of the officer involved.
4. The name and address of any person relinquishing or surrendering an animal.
5. The location where an animal is brought, if other than the Weber County Animal Shelter.
6. All fees received by the division.
(Ord. 2013-44, 10-15-2013)
A. Concealment: It shall be unlawful for any person to intentionally conceal or shelter an animal from its rightful owner or the division or to cause the same to be done.
B. False Claim Of Ownership: It shall be unlawful to claim ownership and to relinquish such animal to the division when not the rightful owner.
C. Release Without Owner Permission: It shall be unlawful for any person, except personnel of a law enforcement agency, the county health department or the division, to intentionally release from humane restraint any animal from its rightful owner, without permission from the owner.
(Ord. 2013-44, 10-15-2013)