SECTION:
8.15.010: Violation Of Title; Penalties
8.15.020: Issuance Of Misdemeanor Citations, Civil Notices Of Violation, And Warnings
8.15.025: Notices Of Violation
8.15.027: Code Violation Penalties
8.15.030: Violation; Procedure For Court Orders
8.15.040: Pick Up Orders
8.15.050: Repeated Vicious Animal Violations; Owner Debarment
8.15.060: Seizure And Disposition; Vicious Animals
8.15.070: Permit; Suspension Or Revocation
8.15.080: City Enforcement Of Ordinance Violations
Any person who violates any mandate or prohibition contained in this title shall be penalized according to the provisions of this title or the provisions of section 1.12.050 of this code. (Ord. 8-15, 2015)
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)
A. Notices of violations shall be adjudicated as civil violations in the small claims court in accordance with the procedures set forth in title 2, chapter 2.75 of this code.
B. Any person having received a notice of violation, as provided in this chapter, may appear before the small claims court and present and contest such alleged violation.
C. The burden to prove any defense shall be upon the person raising such defense. Nothing herein shall affect the city's burden to prove each element of the underlying charge by a preponderance of evidence.
D. If the hearing officer finds that no violation as set forth in the notice of violation has occurred or that such a violation has occurred but one or more of the affirmative defenses set forth in this section is applicable, the hearing officer may dismiss the notice of violation and release the recipient of the notice from liability thereunder or the hearing officer may reduce the penalty associated therewith. Such affirmative defenses are:
1. At the time of the receipt of the notice of violation, the person receiving such notice of violation was not the owner or the person responsible for the animal and his/her actions did not contribute to the issuance of the notice of violation;
2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property; or
3. Such other mitigating circumstances as may be approved by the city law department. (Ord. 8-15, 2015)
The following penalties shall be imposed per animal. However, a "litter" as defined in section 8.04.010 of this title, shall be considered a single animal for purposes of imposing the penalties set forth in this section.
A. Pet license and dog breeder license late penalties:
Late penalty (in addition to regular fee): | |
First encounter | No penalty |
Second encounter | $125.00 |
Third encounter | 250.00 |
B. Service and violation penalties for pets: Where indicated, penalties for second, third, and subsequent violations are for those occurring within a twenty four (24) month period.
First Offense | Second Offense | Third Offense | Subsequent Offenses | |
Impound penalties | $35.00 | $ 70.00 | $125.00 | $250.00 |
Minimum notice of violation penalties: | ||||
Animal nuisance, commercial permit, permit display | 50.00 | 100.00 | 200.00 | Criminal |
Licensing; beekeeping; tags; rabies vaccination; number of animals; tethering; female dogs in heat; harboring stray animals; animals as sales premiums; sale of baby rabbits, fowl, and pet turtles (applies when no other penalty is specified) | 25.00 | 50.00 | 100.00 | Criminal |
Animals running at large (section 8.04.390 of this title) | 25.00 | 50.00 | 100.00 | $200.00 |
Purchase price for unclaimed livestock is based on costs incurred by animal services during impound and recommendations made by the state brand inspector. (Ord. 13-16, 2016)
Pursuant to state laws and rules of procedure, court orders pursuant to this title shall be obtained upon the director or designee petitioning the court for the desired action and providing notice, together with supporting affidavits to be served on the party against whom the action is taken, in accordance with state laws and rules of procedure. (Ord. 8-15, 2015)
The director or designee may petition the court for a "pick up order" for an animal within the premises of and under the control of a person who is in violation of this title. This process may be used for, but is not limited to, picking up animals pursued but not captured by an animal services officer, nuisance animals or for any other violation of this title. (Ord. 8-15, 2015)
Loading...