A person commits cruelty to animals when he/she:
A. Animal Fighting: Causes one animal or fowl to fight with another. It is unlawful for any person to participate in animal fighting exhibitions and related activities in violation of Utah Code Annotated section 76-9-301 et seq., as amended. Violators shall be subject to the penalties and enforcement provisions specified in Utah Code Annotated section 76-9-301 et seq., as amended.
B. Poisons Or Toxic Drugs: Intentionally or carelessly administers or applies any poisonous or toxic drugs or any material injurious to tissues or organs to any animal or livestock, or procures or permits the same to be done, whether the animals be his/her own property or that of another. No person shall administer a medication or remedies not usually recommended by common veterinary practices, including the administration of injectable drugs or vaccines not approved by the food and drug administration or recommended by the American Veterinary Medical Association. This provision shall not be interpreted so as to prohibit the use of poisonous substances for the control of vermin in furtherance of public health when applied in such a manner as to reasonably prohibit access to other animals.
C. Pain And Suffering: By act or omission causes pain, suffering, terror or torment, or if she/he injures, mutilates or causes disease or death to any animal or fowl.
D. Trapping; Exception: Administers or applies or procures or permits the administration or application of any trapping mechanism, other than a live capture trap or exposes such a trapping mechanism to animals or livestock, with the intent to harm or take the animal, whether the animal be his/her own property or that of another. All set live capture traps shall be checked and emptied daily. All traps must have owner identification permanently affixed to them. Any person capturing a dog or cat in a live capture trap within the city is hereby required to turn the animal over, within twenty four (24) hours of its capture, to an Ogden City animal services officer, the Weber County Animal Shelter, or the animal's owner.
E. Neglects Adequate Care: It is unlawful for any person to intentionally, knowingly, recklessly, or with criminal negligence fail to provide necessary food, water, care, or shelter for an animal in the person's custody in violation of Utah Code Annotated section 76-9-301 et seq., as amended.
F. Fowl; Fighting: Raises, trains, purchases or sells any animal or fowl for fighting or harbors fowl for fighting purposes, which has the comb clipped or the spur altered or who is in possession of cock spurs, slashers, gaffs, or other tools, equipment, devices or training facilities for the purpose of training and/or engaging an animal in combat with another animal.
G. Spectator At Contest: Is present as a spectator at any animal contest or rents any building, shed, room, yard, ground or premises for the purpose of holding such a contest between animals, or knowingly suffers or permits the use of any building, shed, room, yard, ground, or premises belonging to him/her or under his/her control for any of these purposes.
H. Abandonment: Abandons an animal.
I. Operations: Performs or causes to be performed any of the following operations:
1. Inhumanely removed any portion of the beak of any bird, domestic or wild.
2. Alters the gait or posture of any animal, by surgical, chemical, mechanical or any other means, including soring.
3. Crops or cuts the ears, removes an animal's claws or sterilizes a dog or cat and is not a licensed veterinarian.
4. Inhumanely docks the tail of an animal or removes an animal's dewclaws.
J. Artificially Colored: Sells, purchases, owns or has custody of any animals or fowl that have been dyed, painted, or otherwise artificially colored.
K. Fowl; Advertising Devices:
1. Under Eight Weeks Of Age: Sells or offers for sale, raffle, prizes, a premium or an advertising device any chicks, goslings, ducklings or other fowl younger than eight (8) weeks of age in quantities of less than six (6) birds to an individual recipient.
2. Brooders And Heating Devices: Offers chicks, ducklings, goslings or other fowl for sale, raffles, offers as a prize, a premium or an advertising device, or displays chicks, ducklings, goslings or other fowl to the public without providing and operating brooders or other heating devices that may be necessary to maintain the chicks, ducklings, goslings or other fowl in good health and without keeping adequate food and water available to the birds at all times.
L. Prizes Or Inducements: Awards live animals, fish or fowl as prizes or inducements:
1. No live animal, fish or fowl may be given away, raffled or offered as a prize, premium, advertising device or as an inducement to enter any contest, game or other competition.
2. No live animal, fish or fowl may be given away as an inducement to enter a place of amusement or business.
3. No person may give away any live animal, fish or fowl as an incentive to enter any commercial or business agreement.
M. Transportation Carriers: Carries or causes to be carried any animal in a manner harmful to that animal. Suitable racks, cars, crates or cages in which such animals may stand, move freely or lie down during transportation, or while awaiting slaughter, must be provided.
N. Turtles; Size: Sells any turtle, less than four inches (4") in diameter or in contravention of any state or federal law or regulation dealing with the same.
O. Unattended In Vehicle: Leaves any animal confined in a vehicle unattended in such a manner that places it in a life threatening situation by exposure to a prolonged period of extreme hot or cold without proper ventilation or other protection from such heat or cold.
P. Working Animals; Observable Strain: Continuously drives or works a horse or other animal to a point of observable strain. Working animals shall be offered water periodically.
Q. Birds And Nests: Takes or kills any bird or robs or destroys any nest, eggs, or young of any bird in violation of the laws of the state.
R. Inhumane Hobbling: Inhumanely hobbles livestock or other animals.
S. Food And Water: Leaves any horse, mule, ox or other animal used for draft, driving or riding purposes on the street without protection from the weather or without food and water.
T. Reckless Riding Or Driving: Recklessly rides or drives any horse, mule or other animal or animals on any street, highway, avenue or alley of the city.
U. Injury Or Unnecessary Suffering: Induces or encourages an animal to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause, or is likely to cause, physical injury or unnecessary suffering.
(Ord. 2013-44, 10-15-2013)