Loading...
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)
When any person who owns or has custody of animals is found to have violated any law or ordinance regarding harboring a potentially dangerous, dangerous, or vicious animal or regarding animal neglect or cruelty more than two (2) times in a five (5) year period, that person may be debarred from receiving a license under chapter 8.04 of this title. Notice of debarment shall be served on the person in a written order issued by the director. Debarment may be for a period of up to five (5) years. Appeal of a debarment order shall be made using the same two (2) part procedural process outlined in section 8.15.070 of this chapter. Any person who has been debarred and who subsequently owns or has custody of an animal requiring licensure under chapter 8.04 of this title in violation of a debarment order is guilty of a class B misdemeanor. (Ord. 8-15, 2015)
A. Upon the occurrence of circumstances resulting in the seizure of an animal by animal services, the procedures governing the potential classification and disposition of the animal shall be conducted as set forth in this section.
B. The office of animal services shall prepare written criteria or standards to objectively evaluate the facts and circumstances surrounding a bite or other animal attack. The evaluation criteria shall include bite or attack severity, observed animal behavior, animal history, animal owner's background or history, and such other circumstances as may be appropriate, based on current professional standards. Aggravating and mitigating circumstances for each evaluation criteria shall be rated on a numerical scale in such a way that all circumstances and facts may be objectively calculated in determining the severity of the animal attack, the nature of the animal's behavior, and the appropriate response by animal services.
C. When an animal has been seized by the office of animal services, such office shall serve written notice to the owner that a meeting with the director or designee shall be conducted on a date no sooner than five (5) business days from the date of the notice, at a date, time and place designated in the notice. The purpose of the meeting shall be to discuss the facts and circumstances of the matter and to give an opportunity to both the owner and the animal services representative to present those facts. Any complaints or other reports may be reviewed and discussed and the animal attack evaluation form, where applicable, shall be explained to the owner. This meeting is not considered a formal administrative hearing and shall be conducted accordingly. Following the meeting, the director or designee shall issue written findings regarding the meeting, including a decision regarding the disposition of the animal, to be issued within two (2) business days following the meeting.
D. The animal owner may appeal the written findings required in subsection C of this section by filing a written request with animal services within five (5) business days after such findings are issued. If such an appeal is made, animal services shall conduct a formal administrative hearing as set forth herein. The hearing will be conducted by a person trained or experienced in law, mediation or arbitration, or animal services. Witnesses may be called and documents and other evidence presented for admission. The Utah rules of civil procedure and evidence shall be used as guidelines for the conduct of this hearing, but shall not be binding. A record of the hearing shall be maintained. The hearing officer shall prepare written findings and a decision within five (5) business days of the hearing. No sooner than ten (10) business days following the issuance of the hearing officer's decision, the animal may be destroyed or otherwise processed by animal services, including, but not limited to, the sale or other placement of animals in circumstances of cruelty or neglect. (Ord. 8-15, 2015)
A. Grounds: A permit may be suspended or revoked or a permit application rejected on any one or more of the following grounds:
1. Falsification of facts in a permit application;
2. Violation of any of the provisions of this title, or any other law or regulation governing the establishment including health, noise, building and zoning ordinances;
3. Conviction on a charge of cruelty to animals.
B. Procedure: If an inspection of any establishment required to be permitted under this title, reveals a violation of this title, the inspector shall notify the permit holder or operator of such violation by means of an inspection report accompanied by either a citation or a notice of violation and stipulation. The inspection report shall:
1. Set forth the specific violation(s) found;
2. Establish a specific and reasonable period of time for the correction of the violation(s) found;
3. State that failure to comply with any notice issued in accordance with the provisions of this title may result in immediate suspension of the permit;
4. State that an opportunity for a hearing upon any grievance the permittee or operator may have concerning the inspection findings and corrections ordered by the animal services officer will be provided if such permittee or operator files a written request for a hearing with the office of animal services within five (5) business days of the date of the inspection report. Compliance with the notice will be stayed until the animal services director or designee has rendered a decision on the matter.
C. Revocation Or Suspension: Any permit granted under this title may be suspended or revoked by the office of animal services for violations of any requirements of this title. A minimum of five (5) business days' notice shall be given to the permittee, advising him or her of the date and time for such hearing, and listing the cause or causes for such suspension or revocation. A permittee aggrieved by the suspension or revocation of his/her permit may petition the director for review of such grievance. Upon consideration of such grievance and upon good cause showing, the director, or the director's designee, may, at his or her sole discretion, uphold the suspension or revocation or reinstate the permit.
No new permit shall be issued to any person whose permit has been previously revoked except upon application for a new permit, accompanied by the required application fee, and unless and until all requirements of this title have been met.
D. New Permit: A new permit shall not be issued to any person whose prior permit was suspended or revoked by the office of animal services until the applicant has satisfied the director that he/she has the means and the will to comply with the requirements of this title in the future. An application for another permit must comply with the requirements for an application for an initial permit, including application fee.
E. Notice Procedure: Notice provided for under this section shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by certified mail to the last known address of the permit holder. A copy of such notice shall be filed with the records of the office of animal services. (Ord. 8-15, 2015)
The office of animal services has primary responsibility for enforcing the provisions of this title. However, the city likewise has authority to enforce the provisions of this title, and nothing set forth herein shall prevent the city from enforcing such ordinances if the office of animal services is unwilling or unable to do so. (Ord. 8-15, 2015)