CHAPTER 3
CARE AND OFFENSES
CARE AND OFFENSES
SECTION:
13-3-1: Cruelty To Animals
13-3-2: Molesting Animals
13-3-3: Transfer Or Abandonment In Public Places
13-3-4: Places Prohibited
13-3-5: Responsibilities Of Persons
13-3-6: Wild Animals
13-3-7: Killing Of Animals; Defenses
13-3-8: Arrest Of Violator; Animals Seized
13-3-9: Keeping Of Diseased Or Painfully Crippled Animals
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)
A. Unlawful: It shall be unlawful for any person to in any manner tease, annoy, disturb, molest or irritate an animal that is confined to the owner's property.
B. Exception: The provisions of subsection A of this section shall not apply to animal services officers or law enforcement officers acting within the scope of their authority.
(Ord. 2013-44, 10-15-2013)
A. Definitions:
ANIMAL WELFARE ORGANIZATION: As used in this section, means a recognized nonprofit organization incorporated in the state, which regularly engages in the practice of acquiring or transferring animals for the purposes of animal welfare, which includes protecting or caring for animals, returning animals to the natural habitat, or placing animals for adoption.
PUBLIC PLACE: A location visited by many persons, usually accessible to the general public, where the public gathers together or to pass to and from, including, but not limited to, flea markets, yard sales, or parking lots.
B. Unlawful: It is unlawful for any person to transfer to another by gift, sale or exchange for any consideration any animal in or upon any sidewalk, street, alley, public right of way, park or other public place.
C. Exception: This section does not prohibit transfer of animals under the following circumstances:
1. When the animal transferred is livestock and one of the parties to the transfer is a person who engages in the business of buying or selling livestock for profit.
2. When the transfer takes place pursuant to a sale conducted by a public body or a public officer.
3. When one of the parties to the transfer is a member of an animal welfare organization and is acting on behalf of the animal welfare organization.
4. When the transfer takes place at an animal show or exhibition conducted by or for persons who regularly engage in the practice of breeding animals for show or exhibition.
(Ord. 2013-44, 10-15-2013)
Except for qualified service animals in accordance with the Americans with disabilities act, government law enforcement, military service dogs and guide dogs temporarily housed in the city under a recognized guide dog program, it shall be unlawful for any person to take or permit any animals, whether on a leash or in the arms, in any establishment or place of business where food or food products are sold or distributed, including, but not limited to, restaurants, grocery stores, meat markets and fruit or vegetable stores.
(Ord. 2013-44, 10-15-2013)
A. Harboring; Duty To Notify: It is unlawful for any person to harbor or keep within the city limits any lost or strayed animal. Whenever any animal shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the division within seventy two (72) hours. The animal services coordinator may take the animal into protective custody.
B. Struck By Motor Vehicle: It shall be the duty of the operator of a motor vehicle or self-propelled vehicle upon the city streets to immediately notify, upon injuring, striking, maiming or running down any domestic animal, the animal's owner or the city police department. In addition, it shall be the duty of the operator of the motor vehicle to remain with the animal or to obtain a responsible person to remain with the animal until professional assistance arrives. Emergency vehicles are exempted from the requirements of this provision.
C. Animal Waste: The person having custody of an animal shall be responsible for the immediate removal and disposal in a waste receptacle of any excreta deposited by his/her animals on public property, including, but not limited to, walks, trails, parks, recreation areas, or on private property other than that belonging to the owners of the animals, and shall carry a bag for such purposes. A violation of this subsection is an infraction, subject to the penalties provided under title 1, chapter 4, article A of this code.
D. Duty To Bury Or Otherwise Dispose Of Dead Domestic Animals: Pursuant to Utah Code Annotated section 4-31-102, as amended, an owner or other person responsible for a domestic animal that dies shall bury or dispose of the same within two (2) business days after the day on which the owner or other person responsible for the animal becomes aware that the animal is dead. The person responsible for disposal of a dead animal must dispose of it by burial, landfilling, incineration, or another method that is not otherwise prohibited by federal, state, or local law or regulation. Pursuant to section 12-2-3 of this code, dead animals shall not be set out for collection by city crews or city contractors. If the city incurs expenses in conjunction with disposing of a dead domestic animal, the owner or person responsible for the dead animal shall pay a fee to the division for its reasonable costs of disposing of the animal. If the owner or person responsible for the animal fails to bury or dispose of a dead domestic animal as required under this section, or fails to pay such fee, such person shall be in violation of this title.
(Ord. 2013-44, 10-15-2013)
A. Keeping Unlawful; Exceptions: Except as provided in subsection C of this section, it shall be unlawful for any person to sell, offer for sale, barter, give away, keep or purchase any "wild animal" as described in the definition and/or which is fierce, dangerous, noxious or naturally inclined to do harm. The animal shelter, a zoological park, veterinary hospital, humane society shelter, public laboratory, circus, sideshow, amusement show, wildlife preserve or facility for education or scientific purposes may humanely keep such animal in protective devices adequate to prevent such animal from escaping or injuring the public.
B. Order Of Release; Authority: After consultation with a representative from the Utah division of wildlife resources, the animal services coordinator and his/her assistants and officers shall have the power to release or order the release of any wild animal kept under temporary permit which is deemed capable of self-survival, or to recommend other appropriate action on behalf of any animal found incapable of survival in its natural habitat.
C. Federal Regulations; Prohibited Or Protected Species: It shall be unlawful for any person to keep an animal of a species prohibited or protected by title 50 of the code of federal regulations, or its successor provisions, or by any regulation of law of the state. This subsection shall not apply to raptors possessed by licensed falconers holding valid Utah division of wildlife resources and U.S. fish and wildlife falconry permits, as required, so long as the conditions of the permits are being satisfied.
(Ord. 2013-44, 10-15-2013)
A. Licensed Veterinarian: It is a defense to prosecution under this chapter that the conduct of the actor toward the animal was by a licensed veterinarian using an accepted veterinary practice or directly related to a bona fide experimentation for scientific research; provided, that if the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless directly necessary to the veterinary purpose or scientific research involved.
B. Attack On Domestic Animal: Any person may kill a dog while it is attacking, chasing or worrying any domestic animal having a commercial value or any species of hoofed, protected wildlife, while attacking domestic fowl or while such dog is being pursued thereafter.
C. Attack On Person: Any dog making a vicious and unprovoked attack on any person, except when the attack is in defense of the person, family or property of the dog's owner, may be killed by any person while it is making such an attack.
(Ord. 2013-44, 10-15-2013)
It shall be the duty of a person making an arrest under this chapter to seize or arrange to be seized all animals found in the keeping or custody of a person arrested and which are then being used, or held for use in violation of any of the provisions of said chapter. The person making said seizure shall cause such animals to be delivered immediately to the division or other appropriate law enforcement agency and it shall be the duty of those departments to humanely hold those animals until further court order.
(Ord. 2013-44, 10-15-2013)
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