A. Impoundment Authorized: The animal control department shall place all animals which are taken into custody in a designated animal impound facility. The following animals may be taken into custody and impounded as deemed necessary:
1. Any animal being kept or maintained contrary to the provisions of this chapter;
2. Any animal running at large, with any reasonable means used to immobilize or capture such animal;
3. Any animal which is by this chapter required to be licensed and is not licensed; an animal not wearing a tag shall be presumed to be unlicensed for the purposes of this section;
4. Sick or injured animals whose owner requests impoundment and agrees to pay a reasonable fee for services rendered;
5. Any abandoned, neglected animal, whose safety may be threatened, should the animal not be readily placed into protective custody;
6. Animals which are not vaccinated for rabies in accordance with the requirements of this chapter;
7. Any animal needing to be held for quarantine;
8. Any potentially dangerous or dangerous animal not properly confined as required by subsections 5-1-5E and F of this chapter;
9. Any animal in the custody of any person or persons who are arrested or otherwise detained by any police officer, in the event another responsible party cannot be located by the owner.
B. Record Keeping Requirements: The impounding facility shall keep a record of each animal impounded, which includes the following information:
1. Complete description of the animal, including any tag numbers;
2. The manner and date of impound;
3. The location of the pick up and identification number of the impounding officer;
4. The manner and date of disposal;
5. The name and address of the redeemer or purchaser;
6. The name and address of any person relinquishing the animal;
7. All fees received;
8. All expenses accruing during impoundment.
C. Redemption Requirements:
1. The owner of an impounded animal or his authorized representative may redeem such animal before disposition, provided he pays:
a. The impound fees;
b. The daily board charges;
c. The veterinary costs incurred during the impound period;
d. License fee, if applicable;
e. A transportation fee, if transportation of an impounded animal by specialized equipment is required. "Specialized equipment" is that equipment, other than the usual patrol and operation vehicles of animal control, which is designed for specific purposes such as, but not limited to, livestock trailers and carcass trailers. This fee shall be determined by the city council at a level which approximates the cost of utilizing the specialized equipment in the particular situation;
f. Any other expenses incurred to impound an animal in accordance with state or local laws, including any reasonable restitution for property damage created by the animal, or that occurs as a result of the impoundment.
2. The city council, at the recommendation of the director of animal control, shall from time to time set impound fees and daily board charges for the impounding of animals. Such fees shall take into account the type of animal impounded.
D. Terms Of Impoundment; Destruction And Disposal Of Animals:
1. Animals shall be impounded for a minimum of three (3) working days before further disposition. If an animal is licensed by the animal control department, the impound shall be for five (5) working days. Reasonable effort shall be made to notify the owner of any animal wearing a license or other identification during that time. Notice shall be deemed given when sent to the last known address of the listed owner. Any animal voluntarily relinquished to the animal control facility by the owner thereof for destruction or other disposition need not be kept for the minimum holding period before release or other disposition, as herein provided.
2. All animals, except those quarantined or confined by court order, or those subject to Utah Code Annotated section 4-25-4, which are held longer than the minimum impound period, and all animals voluntarily relinquished to the impound facility, may be destroyed or disposed of as the director of animal control shall direct. Any healthy dog or cat may be sold in compliance with the animal control adoption policy after payment of all applicable fees. Other small animals, not included as livestock, may also be sold as determined by the director.
3. Any licensed animal impounded and having or suspected of having serious physical injury or contagious disease, requiring medical attention, may, at the discretion of the animal control director, be released to the care of a veterinarian with or without the consent of the owner.
4. When, in the judgement of the director of animal control, it is determined that an animal should be destroyed for humane reasons or to protect the public from imminent danger to persons or property, such animal may be destroyed without regard to any time limitation otherwise established in this chapter, and without court order.
5. The animal control director, or any of his agents, may destroy an animal upon request of the owner without transporting the animal to city facilities. An appropriate fee shall be charged the owner for the destruction and any subsequent disposal of the carcass done by the department of animal control.
E. Declaration And Disposal Of Vicious Animals:
1. If the animal control director, his assistants or authorized agents determine, as a result of witnessed incident, that an animal is potentially dangerous or dangerous, and find that the animal is in violation of such restrictions as the department deems necessary for the safety of persons and/or animals in the community, the department may declare the animal to be a vicious animal. The department of animal control, including any officers or agents thereof, are hereby authorized to immediately take possession of the vicious animal and place the animal in a proper quarantine facility and thereafter destroy the animal in an expeditious and humane manner, if the owner or custodian, after having received notice of such, fails to make a request in writing to the animal control department to delay such action.
2. It is determined that a proper holding period for any vicious animal shall be three (3) working days. In the event the owner or custodian of the vicious animal fails to request in writing a formal hearing within the three (3) day holding period, the department of animal care and control is authorized to destroy the vicious animal in a humane manner. The holding period shall be extended to meet state and local regulations for quarantine for any animal needing rabies evaluation.
3. Any owner or custodian who files a written request shall be afforded a hearing before an independent board, selected by the department of animal control, which may include a representative from the city wherein the vicious dog resides, a representative from a local humane organization, other than city animal control, and another person to be selected at random. It shall be the responsibility of this board to determine whether the animal should be returned to the owner or custodian or be destroyed.
4. At any hearing under this section, the animal control officer making the declaration of a vicious animal shall appear and testify under oath regarding the facts which led to the required findings. The animal control officer shall be subject to cross examination of the owner, custodian or authorized representative.
5. The animal control officer may also present any additional evidence or sworn testimony supporting his or her decision. The owner or custodian of the animal may likewise present evidence or sworn testimony in support of his or her position. The hearing shall be informal but will be recorded.
6. The department of animal control shall not order the destruction of the animal until a decision is rendered and the department of animal control is notified of the decision in writing by the hearing board. (1982 Code § 13-205)