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40 of 1918 - Substitute for Bill No. 33 relating to dogs ROLL CALL VOTING AYE NAY Salt Lake City,Utah, May_.20., 191 8 Crabbe II 4., I move that the ordinance be passed. Green _.._____...._..__. I Neslen Scheid Mr. Chairman. Result AN ORDINANCE AN ORDINLNCE REPEALING SECTIONS 707 to 716, inclusive, of the Revised Ordinances of Salt Lake City of 1913, the same being contained in Chapter 21 of said Ordinances, relating to dogs; and also repealing an ordinance of Salt Lake City passed by the.Board of Commissioners August 9, 1916, amending Section 707 of said Revised Ordinances; and enacting a new ordinance relating to dogs. Be it ordained by the Board of Commissioners of Salt Lake City, Utah: SECTION 1. That Sections 707 to 716, inclusive, of the Revised Ordinances of Salt Lake City of 1913, the same being contained in Chapter 21 of said ordinances, relating to dogs, be, and each of said sections is hereby repealed. SECTION 2. That an ordinance of Salt Lake City passed by the Board of Commissioners"August 9, 1916, amending Section 707of said Revised Ordinances, be and the same is hereby repealed. SECTION 3. That there is hereby enacted a new ordinance relating to dogs, as follows: SECTION 1. REGISTRATION AND ANNUAL TAX OF DOGS. It shall be unlawful for any person to own or keep a dog within the limits of Salt Lake City without making applica- tion to the City Treasurer for that purpose, and paying -1- { to the City Treasurer, for the benefit of the city, an annual tax of three (43.00) dollars for each female and twc (42.00) dollars for each male dog; provided, however, that the license tax herein required to be paid by the owner or keeper of any dog within the city shall not apply to any + . person conducting or maintaining a dog kennel in the city, but any person conducting or maintaining a dog kennel shall pay to the City Treasurer, for the privilege of keeping any such dog or dogs in such dog kennel, a license tax as follows: For one (1) to ten (10) dogs, inclusive, ten ($10.00) dollars; fpr eleven (il) to fifteen (15) dogs, inclusive, fifteen (415.00) dollars; for sixteen (16) or more dogs, twenty-five (425.00) dollars for each year or fraction thereof, such kennel license to be effective only so long as the dogs remain in the kennel. It shall be the duty of the Treasurer to register the applicant's name and description of the dog or dogs, and tekive to such applicant a certificate of registry. SECTION 2. OWNERS TO PROVIDE COLLARS. It shall be y the duty of the owners of all dogs so licensed to provide said dogs with suitable collars with a metallic plate or check attached thereto having a number corresponding with the certificate of registry inscribed thereon. SECTION 3. KILLING REGISTERED DOGS PROHIBITED. EXCEPTIONS. It shall be unlawful for any person to kill or cause to be killed any dog registered as herein provided, without the consent of the owner or possessor thereof, except where said dog is lawfully impounded and the owner fails to redeem the same within the time as hereinafter provided, or to deprive a registered dog of its collar, or to place a registration tag on any dog not duly registered SECTION 4. DOGS RUNNING LT LARGE OR TRESPASSING. -2- • DOG COLLARS. It shall be unlawful for any person owning or having charge, care or control of any dog to permit or I allow the same to run at large upon any street, lane, 11 alley, park or other public place, or in any public build- ing, or in or upon the premises of another, or upon any vacant or unoccupied lot or land not enclosed, within the ! corporate limits of Salt Lake City; and it shall be unlaw ful for any person to permit or allow any dog to be kept li or to remain upon any premises under his immediate control ', unless such dog shall be registered and shall have a colla4 attached thereon on which there shall be a metallic plate or check as in this ordinanceprovided. SECTION 5. DUTIES AND POWERS OF COLLECTOR OF DOG TAXES AND POLICE OFFICERS; IMPOUNDING OF DOGS BY. (a) It1 shall be the duty of the collector of dog taxes to enforce ; the provisions of this ordinance; that in the discharge and performance of his prescribed duties said collector of dog taxes shall have and exercise the power to make arrests for the violation of any of the provisions of this ordinance; to impound all unlicensed dogs, and licensed dogs running at large or trespassing as hereinafter provided, and to enter z any premises upon which a dog is kept or harbored,: and to demand the exhibition of the certificate of registry" hereinbefore provided, from the person owning or having it charge or control of such dog, and if such person shall then and there fail or refuse to exhibit such certificate of registry, such person shall be liable to the penalty provided for the violation of this ordinance. (b) It shall be the duty of the collector of dog taxes and all police officers of said city to take up and impound in the public pound all licensed or unlicensed dogs found running at large in or -3- -4 x;. • be taxed as costs against the owner in the redemption of is said dog. SECTION 7. TRESPASSING DOGS. IIfPOUNDITIG. DAMAGES. APPRAISEMENT. (a) If any dog shall trespass or do damage upon the premises of any person, the party aggrieved, whether he be the owner or the occupant of such premises, may recover damages by an action at law against the owner of the trespassing dog, or by distraining and impounding said dog in the manner provided herein. (b) The owner or occupant of any property may distrain all dogs trespassing g pa ng or doing damage thereon. He shall within twenty-four (24) hours thereafter notify the col- lector of dog taxes of the fact of such seizure and prepare and deliver to him a certificate of the appraisement of • the damage done by said dogs. It shall be the duty of the, I�. collector of dog taxes to call for and receive into his cus- tody the dogs so distrained within a reasonable time after notification thereof and hold the same thereafter subject to the aforesaid ifs claims for damages, the impounding fees and charges and all the impounding regulations herein prescribed. (c) The appraisement hereinbefore mentioned must be made by some disinterested male citizen and freeholder over twenty-one (21) years of age. It must state the amount of the damage, the time when committed, the name of: the person damaged, the name of the owner of the dogs, or the license registry numbers, if known, and if not known, it must state that fact, together with a description of the dogs. (d) The owner or occupant of the property damaged may likewise file the certificate of appraisement with the; collector of dog taxes in cases where he has not actually -5- l j� distrained and impounded the trespassing dogs, and is entitled to have his claim allowed where the trespass or damage was committed in the presence of a police officer or collector of dog taxes impounding the animals, or where, police officer or collector of dog taxes the trespassing dogs were found by said.3ggilikia, on the , premises damaged, provided he files his certificate of appraisement within twenty-four (24) hours of the time of persons the impounding by txk3 said ,g and the said dogs have not in the meantime been redeemed as herein provided., SECTION 8. DAMAGES CANNOT BE RECOVERED-WHEN. If the li party distraining any dogs shall fail to notify the col- lector of dog taxes of the seizure , and to deliver to him' a certificate of appraisement within twenty-four (24) hours thereafter, he shall not be entitled to recover dame ges under the provisions of this ordinance relating to distraint. SECTION 9. REDEMPTION OF IMPOUNDED DOGS. Any dog impounded as an unlicensed dog or as one running at large or as a trespasser, may be redeemed and taken from such pound by the owner or any authorized person at any time before the last day of redemption expires, upon exhibiting to the supervisor or person having charge of said pound a certificate of registry showing that the license tax for the current year has been paid for such dog, and upon paying to said supervisor the following damages, fees and charges: The amount of damages set forth in the certificate of appraisement,if there be any such certificate filed, an impounding fee of one (01.00) dollar, and the sum of twenty- five (25) cents for each and every day such dog shall have; been impounded, and a charge of ten (10) cents a mile one way, for each mile actually traveled by the collector of dog taxes in serving the impounding notice herein provided!. All impounded dogs not so redeemed within the time !. -6-• • prescribed shall be disposed of in accordance with the provisions of Section 6 of this ordinance. SECTION 10. RECORD OF TRHSPASSING DOGS. The collector of dog taxes shall keep an accurate record of all trespassing dogs received by him, which shall contain the names of the injured party and the owner of the animals, the amount of • damages claimed, and all other matters necessary to a complete account of the transaction. Such record shall be open for inspection at all reasonable hours. SECTION 11. UNLAWFUL SALES. The owner of any dogs unlawfully impounded or sold may maintain an action to am recover the same, and damages for the detention thereof. SECTION 12. RETAKING ANIMALS UNLAWFUL. Any person who shall take any dog out of the possession of any one lawfully holding the same under the provisions of this ordinance, either by stealth, force or fraud, or who shall intercept or hinder any person lawfully taking up or attempting to take up such animals, is guilty of violation of this ordinance. SECTION 13. FURTHER DUTIES OF COLLECTOR OF DOG TAPES. The City shall furnish suitable premises to be used as the city pound; and it shall be the duty of the collector of dog taxes to take charge of the premises and keep them in a clean and orderly condition. It shall be his duty to diligently search for, collect, receive and impound all unlicensed dogs, dogs running at large or trespassing upon another's property, and to take care of and provide all necessary feed for the same, to make every effort to find the owners of all licensed dogs received by him, and with reasonable diligence to serve all' notices required herein. He shall not deliver any dog to the owner or any _7_ ' x. • other person until all costs and damages are paid. SECTION 14. MALICIOUS ILPOUNDING. It shall be • unlawful for any person to maliciously or mischievously secrete or impound the dog of another, or to maliciously or mischievously aid or abet therein. is SECTION 15. RESISTING OFFICERS. It shall be unlawful for any person to interfere with, oppose or resist the collector of dog taxes $wuwnfxiciauc baludra s, or any police officer while engaged in the performance of the duties prescribed by the provisions of this ordinance. SECTION 16. CEU.F.LTY PROHIBITED. It shall be unlawful for any person to maltreat or torture any dog, or having the right or authority to kill any dog, to kill such dog ' in any except a humane manner. SECTION 17. FEMALE IN HEAT. PROHIBITED RUNNING AT LARGE. It shall be unlawful for the owner of any female jj dog to permit it to run at large while in heat, and such dog may be killed by any police officer. SECTION 18. PROHIBITED IN PLACES OF WORSHIP. It shall be unlawful for the owner of any dog to permit the same to enter or be in any place of worship during public service. SECTION 19. UNLAWFUL TO KEEP, FIERCE, DANGEROUS DOGS. It shall be unlawful for any person to keep, own or possess a fierce, dangerous, vicious or mischievous dog within the limits of Salt Lake City. The Chief of Police of said city is hereby authorized to kill or cause to be killed all fierce, dangerous, vicious or mischievous dogs found within the limits of said city. In pursuance of his duty in this regard, he is authorized to enter the premise of any one keeping such fierce, vicious or mischievous dog,: SECTION 20. BARKING DOGS. It shall be unlawful for' -8- any person to own, keep or harbor within the limits of 111 Salt Lake City, any dog which by barking, howling or yelping disturbs the quiet of any neighborhood or person. SECTION 21. PENALTY. Any person violating any of thi provisions of this ordinance, shall, upon conviction there of, be punished by a fine in any sum not exceeding fifty (450.00) dollar*, thr by imprisonment in the city jail for a,;period not lohg#r,yyth5.h thirty (30.) days. The court may, th imposing a ne .enter a a part of the judgmtnt, that in'default of a payment. of the fine the defennt may be F imprisoned in fhe city jail fora period not exceeding thirty (30) dap. , SECTION 4. In the opinion of the Board of Commissioners, , it is necessary to the peace and safety of the City that this ordinance shall become effective immediately. SECTION 5. This ordinance shall take effect upon its : first publication. • Passed by the Board of Commissioners of Salt Lake City, Utah, May _, 1918. Mayor . City Recorder. . ''''' ''--"'t , . - • ' ' . -6. ' -7r - .:'-4 : 1 t _ ir . •