A. Misdemeanor Citations: Except as otherwise set forth in subsection B2 of this section, a peace officer or animal services officer is authorized to issue a misdemeanor citation to any person upon a charge of violating the provisions of this title. The form of the misdemeanor citation, and proceedings to be handled upon the basis of the citation, shall conform to the provisions of the Utah code of criminal procedure, including, but not necessarily limited to, Utah code sections 77-7-18 through 77-7-22, as amended, or their successors.
B. Civil Notices Of Violation:
1. Where violations of the following requirements of this title are committed, and provided they are not charged in conjunction with another criminal offense and do not constitute a fourth or succeeding notice of violation within a twenty four (24) month period, a peace officer or animal services officer may issue a civil notice of violation to such violator in lieu of a misdemeanor citation for the following categories of violations:
a. Commercial permits (section 8.04.130);
b. Commercial permit display (section 8.04.160);
c. Licensing (section 8.04.070);
d. License tag requirements (section 8.04.080);
e. Rabies vaccinations (section 8.04.240);
f. Rabies tag requirements (subsection 8.04.250B);
g. Harboring stray animals (section 8.04.110);
i. More than two (2) rabbits at a residence (section 8.04.120);
j. Tethering dogs improperly (section 8.04.400);
k. Confining female dogs in heat (section 8.04.380);
l. Giving animals as sales premiums (subsection 8.04.440B);
m. The sale/premium of baby rabbits and fowl (subsection 8.04.440A);
n. The sale of pet turtles (subsection 8.04.440C);
o. Beekeeping violations (chapter 8.10).
2. Where violations of section 8.04.390 of this title are committed, and such violations are not charged in conjunction with another criminal offense, a peace officer or animal services officer shall issue a civil notice of violation to such violator in lieu of a misdemeanor citation.
3. A notice of violation issued pursuant to subsections B1 and B2 of this section, shall identify the penalties applicable to each violation listed in the notice of violation as set forth in section 8.15.027 of this chapter for minimum citation penalties. Notwithstanding the foregoing, the penalty amounts identified in the notice of violation may be reduced or waived as follows:
a. Penalties for first offenses may be reduced or waived if the violator satisfactorily completes a class on responsible pet ownership that is approved by the office of animal services.
b. If the violations identified in the notice of violation require remedial action on the part of the person charged, then the notice of violation shall identify each remedial measure that must be taken and shall indicate the compliance date by which such measures must be completed. Compliance with all remedial requirements referred to in the notice of violation by the compliance date shown thereon shall result in a twenty five dollar ($25.00) reduction in the penalty and the notice of violation shall be dismissed if the total penalty due and owing is not greater than twenty five dollars ($25.00). Refusal or failure to comply with any remedial requirements referred to in the notice of violation by the deadline set as the compliance date may result in the imposition of the full penalty and any additional administrative fees which may be applicable.
C. Warnings: In appropriate instances, and for demonstrable good cause, a peace officer or animal services officer may issue a written warning to the offending party and forego the imposition of any penalties. (Ord. 13-16, 2016)