A. Nuisance Animals:
1. All persons having custody of animals shall exercise proper care and control of his/her animals in order to prevent them from becoming a public nuisance. Any owner or possessor of an animal, who keeps such animal contrary to the provisions of this chapter, shall be guilty of a class B misdemeanor and subject to punishment under authority of this chapter.
2. An animal shall be deemed to be a public nuisance if the animal:
a. Causes damage to the property of anyone other than its owner.
b. Causes unreasonable odors.
c. Causes unsanitary conditions.
d. Barks, whines, howls or makes other disturbing noises.
e. Chases vehicles.
f. Is an animal which has been impounded for being at large, or its owner or possessor has been convicted for the dog being at large on three (3) separate occasions within a twelve (12) month period.
g. If an animal previously declared potentially dangerous or dangerous is found in violation of restrictions placed on that dog by the department of animal control.
B. Abatement Of Public Nuisance Animals:
1. When it reasonably appears to the animal control officer that any animal is a public nuisance, as defined in this chapter, and that such nuisance should be abated, the 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 control officer may file with the governing court a charge of maintenance of a public nuisance. The charge shall set forth the facts, according to the best of the officer's information and belief, indicating that the owner is maintaining a public nuisance, and the nuisance should be abated. Until such time as the owner may be summoned to appear before the court, the animal may be taken into impound by the department of animal control, and held there pending a decision by the court. If the charge is denied, a hearing will be set pursuant to the normal procedure of the governing court. If the court finds that the charge of maintaining a public nuisance has been proven, the court shall issue an order to the animal control department setting out the method of abatement. Abatement by relocation shall not be an option if the animal represents a continuing threat of serious harm, such as in the case of a vicious dog. If relocation is ordered, the court may set whatever conditions are necessary to guarantee that the said animal shall not constitute a nuisance in the future.
2. In the event the court determines that, in fact, the animal is a public nuisance, the owner shall pay the cost of all impoundment fees, maintenance fees or any other fee that may incur as a result of such impoundment.
C. Control And Fencing:
1. It is unlawful for any person owning or having the custody, possession or control of any animal or 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 permitted by law, or to otherwise permit the animal to be herded, pastured or to go upon the land of another without permission.
2. 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 the escape thereof.
3. Failure to properly confine any class of livestock shall constitute a violation of this section.
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 attracting by scent or coming into contact with other dogs and creating a nuisance, except for planned breeding.
E. Possession Of Potentially Dangerous Animal: Any person who owns or maintains a potentially dangerous animal shall use all reasonable means at his or her disposal to restrict a potentially dangerous animal from injuring any other person or animal. The department of animal control may, at the discretion of the director or his authorized agents, from time to time, impose specific restrictions regarding the housing of potentially dangerous animals.
F. Possession Of Dangerous Animals:
1. Any dangerous animal, while on the owner's property, must 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 animal from escaping. Such pen or structure for a dangerous animal shall have secure sides and top and shall also provide protection from the elements for the animal. The structure shall be such that the animal cannot burrow or dig under the sides of the enclosure.
2. Dangerous animals, when outside the property enclosure, must be under immediate control of a responsible adult by means of an adequate "restraint device", as defined herein, and muzzled. The muzzle shall be made in such a manner that it will not cause injury to the animal or interfere with its vision or respiration, but shall prevent it from biting any person or animal.
3. An animal control officer may take into immediate possession any dangerous animal, if the officer determines that the animal is:
a. Not maintained in a proper enclosure;
b. Is outside of the dwelling of the owner or outside of a proper enclosure and not under physical restraint of the person; or
c. If there are any further violations of any legal restrictions previously placed on such animal by the animal control department as provided in this chapter. (1982 Code § 13-204)
G. Failure To Properly Confine Potentially/Dangerous Animal: Any owner of any potentially dangerous or dangerous animal, who wilfully allows it to go at large or who fails to hold the same in the manner specified for such animal by the department of animal control, is guilty of a class B misdemeanor. (1982 Code § 13-204; amd. 2003 Code)
H. Animals At Large Prohibited: It shall be unlawful for any "animal", as defined herein, to be allowed, either negligently or with specific intent, to run "at large", as defined in section 5-1-1 of this chapter. However, dogs may be at large while participating in field trials and obedience classes organized and sanctioned by recognized dog clubs, while assisting their owner or trainer in legal hunting or in herding of livestock, while assisting a peace officer engaged in law enforcement duties, or while being trained for the above purposes, so long as such dogs are under direct and effective sound or gesture control, and within sight of such individuals noted above to assure that they do not violate any other provisions of this chapter.
I. Allowing Domestic Fowl To Trespass Prohibited: It is unlawful for the owner of any domestic fowl, such as turkeys, ducks, geese, chickens, peacocks or any other variety of fowl, to permit such fowl to trespass or go upon the premises of another or to run at large on any public property or roadway. Fowl kept and maintained by municipalities within the confines of public parks or aviaries are exempt, excepting that they shall not be allowed on public roadways.
J. Staking Animals Improperly On Unenclosed Premises: 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, unless such person has permission of the owner of the affected property, or the person with whom he shares joint tenancy. No animals are to be staked along public roadway easements.
K. Keeping Wild Animals Prohibited; Exceptions: It is unlawful for any person to sell, offer for sale, barter, give away, keep, own, harbor or purchase any wild animal, as defined in the code of federal regulations title 50, Utah law or regulation, or in this chapter, or which is fierce, dangerous, noxious or naturally inclined to do harm; provided, however, that an animal shelter, zoological park, veterinary hospital, humane society shelter, public laboratory, circus, sideshow, amusement show or facility for education or scientific purposes may keep such animal if protective devices are provided and adequate to prevent such animal from escaping or injuring the public. (1982 Code § 13-204)