ORDINANCE NO. 21-16
SUBSTITUTE #1 FOR ORDINANCE NO. 21-16
VIOLATION OF PETS AND ANIMALS ORDINANCES
COVER PAGE
Current City Code:
Most pet violations in the current City Code are classified as Class B Misdemeanors.
 
State Code Change:
New changes in state law allow many pet violations in the current City Code (the more serious violations) to continue to be classified as Class B Misdemeanors.
On the other hand, state law requires that the more minor pet violations in the current City Code need to be amended to be classified as infractions (instead of Class B Misdemeanors). 
An infraction is a minor violation similar to a parking ticket.  Examples of pet violations that would be infractions include:
Not having a current pet license;
Not having a pet properly vaccinated; and
A “loose pet”.
 
Purpose of Ordinance 21-16:
To reference new state law in order to reduce certain minor pet violations to be charged as infractions (instead of as Class B Misdemeanors), while allowing for the more serious pet violations to continue to be charged as Class B Misdemeanors.
 
Added Purposes of Ordinance 21-16 (Substitute #1):
Simplification of the language of the proposed City Code amendments (for City Code Section 1-14B-1A); and
Ensuring that the most serious pet offenses affecting the health and safety of another animal or a person may still be charged as Class B Misdemeanors.                                                                                 
 
THE CITY OF WEST JORDAN, UTAH
ORDINANCE 21-16
AN ORDINANCE AMENDING THE 2009 WEST JORDAN CITY CODE
REGARDING CRIMINAL PENALTIES FOR VIOLATION OF ORDINANCES, INCLUDING VIOLATION OF PETS AND ANIMALS ORDINANCES
 
WHEREAS, the City of West Jordan (“City”) adopted West Jordan City Code (“City Code”) in 2009; and
WHEREAS, the City desires to amend certain sections of the City Code regarding criminal penalties for violation of ordinances, including violation of pets and animals ordinances (“Amendments”), and the City Council of the City (“City Council”) held a public hearing on April 28, 2021 regarding the Amendments; and
   WHEREAS, the City Council finds it to be in the best interest of the public health, safety, and welfare to adopt the Amendments, as set forth in the referenced attachments.
 
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST JORDAN, UTAH AS FOLLOWS:
   Section 1.  Amendment.  Section 1-14B-1 of the City Code is amended so that it shall now read as shown on Attachment 1 to this Ordinance.
 
   Section 2.  Amendment.  Section 5-3-1 of the City Code is amended so that it shall now read as shown on Attachment 2 to this Ordinance.    
 
   Section 3.  Amendment.  Section 6-3D-9 of the City Code is amended so that it shall now read as shown on Attachment 3 to this Ordinance.
 
   Section 4.  Amendment.  Section 6-3G-1 of the City Code is amended so that it shall now read as shown on Attachment 4 to this Ordinance.
 
   Section 5.  Severability.  If any provision of this Ordinance is declared to be invalid by a court of competent jurisdiction, the remainder shall not be affected thereby.
 
Section 6. Effective DateThis Ordinance shall become effective immediately upon posting or publication as provided by law and either (i) the Mayor signing the Ordinance, (ii) the City Council duly overriding the veto of the Mayor as provided by law, or (iii) the Mayor failing to sign or veto the Ordinance within fifteen (15) days after the City Council presents the Ordinance to him.
 
(Continued on the following page)
 
PASSED BY THE CITY COUNCIL OF THE CITY OF WEST JORDAN, UTAH, THIS 28TH DAY OF APRIL 2021.
 
CITY OF WEST JORDAN
 
By: ________________________________
                  Zach Jacob
      Council Chair
ATTEST:
 
_______________________________
Cindy M. Quick, MMC
Council Office Clerk
 
Voting by the City Council                                              "YES"        "NO"
Council Chair Zach Jacob                         ?      ?
Council Vice Chair Kelvin Green             ?      ?
Council Member Chad R. Lamb                         ?      ?
Council Member Christopher McConnehey                         ?      ?
Council Member David Pack                                     ?      ?
Council Member Kayleen Whitelock                 ?      ?
Council Member Melissa Worthen                         ?      ?
 
PRESENTED TO THE MAYOR BY THE CITY COUNCIL ON _____________________.
 
Mayor’s Action:   ______ Approve        ______ Veto
 
By: _____________________________   ___________________         
              Mayor Dirk Burton            Date
 
ATTEST:                  
 
____________________________________
Tangee Sloan
City Recorder
 
(Continued on the following page)
 
STATEMENT OF APPROVAL OE PASSAGE (check one)
 
   ______ The Mayor approved and signed Ordinance No. 21-16.
 
______ The Mayor vetoed Ordinance No. 21-16 on __________________ and the
            City Council timely overrode the veto of the Mayor by a vote of _____ to _____.
 
______ Ordinance No. 21-16 became effective by operation of law without the
            Mayor’s approval or disapproval.
 
____________________________________
Tangee Sloan
City Recorder
 
CERTIFICATE OF PUBLICATION
 
I, Tangee Sloan, certify that I am the City Recorder of the City of West Jordan, Utah, and that the foregoing ordinance was published in the Legal Section, of the Salt Lake Tribune, on the _______ day of _______________________ 2021 pursuant to Utah Code Annotated, 10-3-711.
                  
_______________________________
Tangee Sloan
City Recorder
 
(Attachments start on the next page)
 
Attachments
[to ORDINANCE NO. 21-16
AN ORDINANCE AMENDING THE 2009 WEST JORDAN CITY CODE REGARDING CRIMINAL PENALTIES FOR VIOLATION OF ORDINANCES,
INCLUDING VIOLATION OF PETS AND ANIMALS ORDINANCES]
 
Attachment 1
 
Legislative Version:
 
1-14B-1: OFFENSES:
  A.  Misdemeanors And Infractions: An individual convicted of violating any provision of this Code as a result of conduct which is found to be unlawful under the definitions of either a misdemeanor or infraction, and for which no other punishment expressly is indicated, shall be punished as a Class B misdemeanor , except as provided for in Utah Code Ann. section 10-3-703 or any successor provision, as amended.
  B.  Punishment: Class B and Class C misdemeanors and infractions prosecuted under this section or as otherwise specified in this Code shall be governed by the Criminal Code provisions of the Utah Code, as amended from time to time.
  C.  Corporations And Other Artificial Persons: Notwithstanding any contrary provision of the Utah Code, any corporation, association, partnership, government institution or instrumentality shall pay a fine, for any conviction as imposed by the court, in an amount not to exceed five thousand dollars ($5,000.00) for each Class B misdemeanor and one thousand dollars ($1,000.00) for each Class C misdemeanor or infraction conviction, or such other higher sum authorized by Utah Code Annotated section 76-3-302, or any successor provision. (2001 Code § 1-1-114; amd. 2009 Code § 1-4-1; Ord. 12-10, 4-25-2012, eff. 7-1-2012)
 
Clean Version:
 
1-14B-1: OFFENSES:
  A.  Misdemeanors And Infractions: An individual convicted of violating any provision of this Code as a result of conduct which is found to be unlawful under the definitions of either a misdemeanor or infraction, and for which no other punishment expressly is indicated, shall be punished as a Class B misdemeanor, except as provided for in Utah Code Ann. section 10-3-703 or any successor provision, as amended.
  B.  Punishment: Class B and Class C misdemeanors and infractions prosecuted under this section or as otherwise specified in this Code shall be governed by the Criminal Code provisions of the Utah Code, as amended from time to time.
  C.  Corporations And Other Artificial Persons: Notwithstanding any contrary provision of the Utah Code, any corporation, association, partnership, government institution or instrumentality shall pay a fine, for any conviction as imposed by the court, in an amount not to exceed five thousand dollars ($5,000.00) for each Class B misdemeanor and one thousand dollars ($1,000.00) for each Class C misdemeanor or infraction conviction, or such other higher sum authorized by Utah Code Annotated section 76-3-302, or any successor provision. (2001 Code § 1-1-114; amd. 2009 Code § 1-4-1; Ord. 12-10, 4-25-2012, eff. 7-1-2012)
Attachment 2
 
Legislative Version:
 
5-3-1: NUISANCE DEFINED AND PROHIBITED:
  A.  Nuisance Defined: A "nuisance" is:
      1.  Any item, thing, manner or condition whatsoever that is dangerous to human life or health or general welfare, or renders soil, air, water or food impure or unwholesome;
      2.  A crime against the good order and economy of the State and consists in unlawfully doing any act or omitting to perform any duty, which act or omission does one of the following:
        a.  Annoys, injures or endangers the comfort, repose, health or safety of three (3) or more persons;
        b.  Offends public decency;
        c.  Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any lake, stream, canal or basin, or any public park, square, street or highway; or
        d.  In any way renders three (3) or more persons insecure in life or the use of property;
      3.  Placing the carcass of any dead animal, or the offal from any slaughter pen, corral or butcher shop into any river, creek, pond, street, alley or public highway, or road in common use, or the attempt to destroy such carcass or offal by fire, within the City limits;
      4.  Constructing or maintaining a corral, sheep pen, goat pen, stable, pigpen, chicken coop, or other offensive yard or outhouse, where the waste or drainage shall flow directly or indirectly into the waters of any stream, well, or spring of water used for domestic purposes;
      5.  Depositing, piling, unloading or leaving any manure heap, offensive rubbish or the carcass of any dead animal where the waste or drainage will flow directly or indirectly into the waters of any stream, well or spring of water used for domestic purposes;
      6.  Dipping or washing sheep in any stream, or constructing, maintaining or using any pool or dipping vat for dipping or washing sheep in close proximity to any stream or well used by the inhabitants of the City for domestic purposes as to make the waters impure or unwholesome;
      7.  Constructing or maintaining any corral, yard or vat to be used for the purpose of shearing or dipping sheep within the City limits, where the refuse or filth from the corral or yard would naturally find its way into any stream of water used by the inhabitants of the City for domestic purposes;
      8.  Establishing and maintaining any corral, camp or bedding place for the purpose of herding, holding or keeping any cattle, horses, sheep, goats or hogs within the City limits, where the refuse or filth from the corral, camp or bedding place will naturally find its way into any stream of water or well used by the inhabitants of the City for domestic purposes; or
      9.  Any injurious or noxious weeds, garbage, refuse, or unsightly or deleterious objects.
        a.  For purpose of this chapter, "injurious weeds" shall mean plants of any type growing in an uncultivated state, not used for food, fiber or ornamentation, extending in height greater than twelve inches (12") above ground, including, without limitation, tumbleweeds. The term "noxious weeds" shall also include those plants listed as noxious weeds by the State Commissioner of Agriculture pursuant to Utah Code Annotated section 4-17-103, together with such plants later added to such list.
        b.  If a parcel of undeveloped ground is a size of five (5) contiguous acres or larger, weed growth, other than noxious weeds, may be left at a height higher than twelve inches (12") above ground if the property owner maintains a defense strip of fifty feet (50') along every property line or road/sidewalk edge surrounding the property.
        c.  Tumbleweeds are the result of various plants that have dried out and been broken free of their roots and the soil by the wind. Tumbleweeds present a distinct fire hazard that becomes greater as they dry out and accumulate against structures such as fences, outbuildings, houses and businesses. Property owners are expected to clear and remove tumbleweeds originating on their property before they invade someone else's property.
        d.  A "defense strip" as used in subsection A9b of this section means an area of land that is bare earth. This means that weeds and other vegetative growth has been cut down to the ground, hauled away, and herbicide has been applied to kill all plant life down to the root. A defense strip will need continuous attention during the growing season.
  B.  Prohibition And Penalty: Nuisances are prohibited in and around the City. Any person, whether as owner, agent or occupant, who creates, aids in creating, tolerates or contributes to a nuisance, or who supports, continues or retains a nuisance, is guilty of a Class B misdemeanor , except as set forth in subsection 1-14B-1A, and may be prosecuted criminally or may be subject to administrative enforcement procedures provided in title 16 of this Code.
  C.  Unequal Effect: An act which affects three (3) or more persons in any of the ways specified in this section is still a nuisance regardless if the extent of annoyance or damage inflicted on individuals is unequal.
  D.  General Applicability: The duties imposed upon landowners pursuant to this section apply to all properties within the City. These provisions apply to undeveloped or undivided parcels and to individual developed lots, including the front yard, side yard or rear portion of any lots owned by such owner and to, pursuant to Utah Code Annotated section 10-8-23, that area in front of the property to the curb line of the street. (Ord. 13-08, 3-13-2013; amd. Ord. 15-17, 7-22-2015; Ord. 19-10, 2-27-2019)
 
Clean Version:
 
5-3-1: NUISANCE DEFINED AND PROHIBITED:
  A.  Nuisance Defined: A "nuisance" is:
      1.  Any item, thing, manner or condition whatsoever that is dangerous to human life or health or general welfare, or renders soil, air, water or food impure or unwholesome;
      2.  A crime against the good order and economy of the State and consists in unlawfully doing any act or omitting to perform any duty, which act or omission does one of the following:
        a.  Annoys, injures or endangers the comfort, repose, health or safety of three (3) or more persons;
        b.  Offends public decency;
        c.  Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any lake, stream, canal or basin, or any public park, square, street or highway; or
        d.  In any way renders three (3) or more persons insecure in life or the use of property;
      3.  Placing the carcass of any dead animal, or the offal from any slaughter pen, corral or butcher shop into any river, creek, pond, street, alley or public highway, or road in common use, or the attempt to destroy such carcass or offal by fire, within the City limits;
      4.  Constructing or maintaining a corral, sheep pen, goat pen, stable, pigpen, chicken coop, or other offensive yard or outhouse, where the waste or drainage shall flow directly or indirectly into the waters of any stream, well, or spring of water used for domestic purposes;
      5.  Depositing, piling, unloading or leaving any manure heap, offensive rubbish or the carcass of any dead animal where the waste or drainage will flow directly or indirectly into the waters of any stream, well or spring of water used for domestic purposes;
      6.  Dipping or washing sheep in any stream, or constructing, maintaining or using any pool or dipping vat for dipping or washing sheep in close proximity to any stream or well used by the inhabitants of the City for domestic purposes as to make the waters impure or unwholesome;
      7.  Constructing or maintaining any corral, yard or vat to be used for the purpose of shearing or dipping sheep within the City limits, where the refuse or filth from the corral or yard would naturally find its way into any stream of water used by the inhabitants of the City for domestic purposes;
      8.  Establishing and maintaining any corral, camp or bedding place for the purpose of herding, holding or keeping any cattle, horses, sheep, goats or hogs within the City limits, where the refuse or filth from the corral, camp or bedding place will naturally find its way into any stream of water or well used by the inhabitants of the City for domestic purposes; or
      9.  Any injurious or noxious weeds, garbage, refuse, or unsightly or deleterious objects.
        a.  For purpose of this chapter, "injurious weeds" shall mean plants of any type growing in an uncultivated state, not used for food, fiber or ornamentation, extending in height greater than twelve inches (12") above ground, including, without limitation, tumbleweeds. The term "noxious weeds" shall also include those plants listed as noxious weeds by the State Commissioner of Agriculture pursuant to Utah Code Annotated section 4-17-103, together with such plants later added to such list.
        b.  If a parcel of undeveloped ground is a size of five (5) contiguous acres or larger, weed growth, other than noxious weeds, may be left at a height higher than twelve inches (12") above ground if the property owner maintains a defense strip of fifty feet (50') along every property line or road/sidewalk edge surrounding the property.
        c.  Tumbleweeds are the result of various plants that have dried out and been broken free of their roots and the soil by the wind. Tumbleweeds present a distinct fire hazard that becomes greater as they dry out and accumulate against structures such as fences, outbuildings, houses and businesses. Property owners are expected to clear and remove tumbleweeds originating on their property before they invade someone else's property.
        d.  A "defense strip" as used in subsection A9b of this section means an area of land that is bare earth. This means that weeds and other vegetative growth has been cut down to the ground, hauled away, and herbicide has been applied to kill all plant life down to the root. A defense strip will need continuous attention during the growing season.
  B.  Prohibition And Penalty: Nuisances are prohibited in and around the City. Any person, whether as owner, agent or occupant, who creates, aids in creating, tolerates or contributes to a nuisance, or who supports, continues or retains a nuisance, is guilty of a Class B misdemeanor, except as set forth in subsection 1-14B-1A, and may be prosecuted criminally or may be subject to administrative enforcement procedures provided in title 16 of this Code.
  C.  Unequal Effect: An act which affects three (3) or more persons in any of the ways specified in this section is still a nuisance regardless if the extent of annoyance or damage inflicted on individuals is unequal.
  D.  General Applicability: The duties imposed upon landowners pursuant to this section apply to all properties within the City. These provisions apply to undeveloped or undivided parcels and to individual developed lots, including the front yard, side yard or rear portion of any lots owned by such owner and to, pursuant to Utah Code Annotated section 10-8-23, that area in front of the property to the curb line of the street. (Ord. 13-08, 3-13-2013; amd. Ord. 15-17, 7-22-2015; Ord. 19-10, 2-27-2019)
 
Attachment 3
 
Legislative Version:
 
6-3D-9: BITES; DUTY TO REPORT:
  A.  Duty To Report Rabid Animals: Any person having knowledge of an individual or animal having been bitten by an animal of a species subject to rabies shall report the incident immediately to the Division of Animal Control or to the Salt Lake County Health Department, or the Police Department.
  B.  Duty To Report Bites: The owner of an animal that bites shall report the bite to the division of animal control or the Salt Lake County health department, or the police department within twenty four (24) hours of the bite, regardless of whether or not the biting animal is a species subject to rabies.
  C.  Medical Personnel Duty To Report Bites: A physician or other medical personnel who renders professional treatment to a person bitten by an animal, shall report the fact that s/he has treated an injury sustained from an animal bite to the division of animal control within twenty four (24) hours of his/her diagnosis. S/He shall report the name, sex and address of the person bitten, as well as the type and location of the bite. If known, s/he shall give the name and address of the owner of the animal that inflicted the bite, and any other facts that may assist the division of animal control in ascertaining the immunization status of the animal.
  D.  Veterinarian Duty To Report Mauling: A veterinarian, or other person who treats an animal bitten or mauled by another animal, shall report the incident to the division of animal control. The report shall contain the name and address of the owner of the wounded, injured or bitten animal, the name and address of the owner and description of the animal which caused the injury, and the location of the incident.
  E.  Penalty: Any person not conforming with the requirements of this section shall be in violation of this section and guilty of a class B misdemeanor , except as set forth in subsection 1-14B-1A . (2001 Code § 14-4-109; amd. 2009 Code)
 
Clean Version:
 
6-3D-9: BITES; DUTY TO REPORT:
  A.  Duty To Report Rabid Animals: Any person having knowledge of an individual or animal having been bitten by an animal of a species subject to rabies shall report the incident immediately to the Division of Animal Control or to the Salt Lake County Health Department, or the Police Department.
  B.  Duty To Report Bites: The owner of an animal that bites shall report the bite to the division of animal control or the Salt Lake County health department, or the police department within twenty four (24) hours of the bite, regardless of whether or not the biting animal is a species subject to rabies.
  C.  Medical Personnel Duty To Report Bites: A physician or other medical personnel who renders professional treatment to a person bitten by an animal, shall report the fact that s/he has treated an injury sustained from an animal bite to the division of animal control within twenty four (24) hours of his/her diagnosis. S/He shall report the name, sex and address of the person bitten, as well as the type and location of the bite. If known, s/he shall give the name and address of the owner of the animal that inflicted the bite, and any other facts that may assist the division of animal control in ascertaining the immunization status of the animal.
  D.  Veterinarian Duty To Report Mauling: A veterinarian, or other person who treats an animal bitten or mauled by another animal, shall report the incident to the division of animal control. The report shall contain the name and address of the owner of the wounded, injured or bitten animal, the name and address of the owner and description of the animal which caused the injury, and the location of the incident.
  E.  Penalty: Any person not conforming with the requirements of this section shall be in violation of this section and guilty of a class B misdemeanor, except as set forth in subsection 1-14B-1A. (2001 Code § 14-4-109; amd. 2009 Code)
 
Attachment 4
 
Legislative Version:
 
6-3G-1: PENALTY:
Any person violating any provision of this chapter, including any article or section herein, either by failing to do those acts required herein or by doing any act prohibited herein may be prosecuted administratively as provided in title 16 of this Code, and/or as a Class B misdemeanor , except as set forth in subsection 1-14B-1A . Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (2001 Code §14-7-102; amd. 2009 Code; Ord. 12-10, 4-25-2012, eff. 7-1-2012; Ord. 19-07, 2-13-2019)
 
Clean Version:
 
6-3G-1: PENALTY:
Any person violating any provision of this chapter, including any article or section herein, either by failing to do those acts required herein or by doing any act prohibited herein may be prosecuted administratively as provided in title 16 of this Code, and/or as a Class B misdemeanor, except as set forth in subsection 1-14B-1A. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. (2001 Code §14-7-102; amd. 2009 Code; Ord. 12-10, 4-25-2012, eff. 7-1-2012; Ord. 19-07, 2-13-2019)