013 of 2016 - Penalties for Animals Running at large violation 0 14-11
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SALT LAKE CITY ORDINANCE
No. 13 of 2016
(Penalties for Animals Running At Large Violations)
AN ORDINANCE AMENDING SECTIONS 8.04.370, 8.04.390, 8.15.020, AND
8.15.027 OF THE SALT LAKE CITY CODE IN ORDER TO MODIFY AND UPDATE CITY
REGULATIONS REGARDING ENFORCEMENT OF ANIMAL-AT-LARGE VIOLATIONS.
WHEREAS, the current provisions of the Salt Lake City Code permit the imposition of
criminal penalties where an animal is running at large in violation of Salt Lake City Corporation
(`CitT)ordinances; and
WHEREAS, the City Council desires to amend the pertinent ordinances to specify that
enforcement for violations of the City's animals running at large ordinance should be
accomplished through civil notices of violation; and
WHEREAS, the City Council finds adoption of this ordinance reasonably furthers the
health, safety, and general welfare of the citizens of Salt Lake City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. That section 8.04.370 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
8.04.370: ANIMAL NUISANCES DESIGNATED:
A. Any owner or person having charge, care, custody or control of an animal or animals causing
a nuisance as defined below shall be in violation of this title and subject to the penalties provided
herein.
B. The following shall be deemed a nuisance: Any animal which:
1. Causes damages to the property of anyone other than its owner;
2. Is a "dangerous animal", as defined in this chapter, and is kept contrary to sections
8.04.420, 8.05.010, 8.05.020, or 8.05.040 as amended.
3. Causes unreasonable fouling of the air by odors;
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4.Causes unsanitary conditions in enclosures or surroundings;
5.Defecates on any public sidewalk,park or building,or on any private property without
the consent of the owner of such private property,unless the person owning,having a
proprietary interest in,harboring or having care,charge,control,custody or possession of
such animal shall remove any such defecation to a proper trash receptacle,and shall carry
the appropriate instrument(s)for the removal and disposal of such waste;
6.Barks,whines or howls,or makes other disturbing noises in an excessive,continuous
or untimely fashion;
7.Molests passersby or chases passing vehicles;
8.Attacks people or other domestic animals whether or not such attack results in actual
physical harm to the person or animal to whom or at which the attack is directed;
9.Is offensive or dangerous to the public health,safety or welfare by virtue of the number
and/or type of animal kept or harbored;or
10.Otherwise acts so as to constitute a nuisance or public nuisance under the provisions
of title 76,chapter 10,Utah Code Annotated,1953,or its successor.
SECTION 2. That section 8.04.390 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
8.04.390:ANIMALS RUNNING AT LARGE:
A. With the exception set forth in subsection B of this section,it is unlawful for the owner or
person having charge,care,custody,or control of any animal to allow such animal at any
time to run at large.The owner or person charged with responsibility for an animal found
running at large shall be strictly liable for a violation of this section,regardless of the
precautions taken to prevent the escape of the animal and regardless of whether or not such
owner or person knows that the animal is running at large.Any violation of this section shall
constitute a civil violation and will be penalized pursuant to the criteria set forth in sections
8.15.020,8.15.025,and 8.15.027 of this title.
B. 1.Dogs shall be permitted to run off leash only in areas of parks and public spaces
specifically authorized by city ordinance,specifically designated by the director of public
services as'off leash areas",and clearly identified by signage as such.Said areas shall be
as follows:
a.Designated areas of Memory Grove Park known as the Freedom Trail section;
b.The municipal ballpark,also known as Herman Franks Park,except for the
fenced youth baseball diamonds and playground area;
c.Designated areas of Jordan Park;
d.Designated areas of Lindsey Gardens;
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e.Designated areas of Parley's Historic Nature Park,as set forth in title 15,
chapter 15.10 of this code,or its successor;
f.Designated areas of Pioneer Park;and
g.Designated areas of Cottonwood Park.
2. While in such areas dogs shall at all times remain under control of the dog's owner or
custodian."Under control"means that a dog will respond on command to its owner or
custodian.
C.The foregoing notwithstanding,the public services department may conduct additional
experiments in other areas of the city for possible future legislative enactment establishing such
areas as"off leash areas",provided such experiments are conducted in accordance with the
guidelines approved by the city council in its resolution 52 of 2004.
SECTION 3. That section 8.15.020 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
8.15.020:ISSUANCE OF MISDEMEANOR CITATIONS,CIVIL NOTICES OF
VIOLATION,AND WARNINGS:
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);
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f. Rabies tag requirements (subsection 8.04.250B);
g. Harboring stray animals (section 8.04.110);
h. Animal nuisances (section 8.04.370 except for subsections B2, B8, and B9);
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);
1. 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 of this chapter);
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 B 1 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.
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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.
SECTION 4. That section 8.15.027 of the Salt Lake City Code shall be,and hereby is,
amended to read as follows:
8.15.027:CODE VIOLATION PENALTIES:
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
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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 Second
Offense Offense Third Subsequent
Offense Offenses
Impound penalties $35.00 $70.00 $125.00 $250.00
Minimum notice of violation penalties:
Animal nuisance,commercial permit, 50.00 100.00 200.00 Criminal
permit display
Licensing;beekeeping;tags;rabies 25.00 50.00 100.00 Criminal
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)
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r Animals running at large(section 8.04.390) 25.00 50.00 100.00 200.00 1
Purchase price for unclaimed livestock is based on costs incurred by animal services during
impound and recommendations made by the state brand inspector.
SECTION 5. That this ordinance shall become effective on the date of its first
publication.
Passed by the City Council of Salt Lake City,Utah this 19 day of April 2016.
CH ERSON
ATTEST"'
CITY RECORDER
Transmitted to Mayor on 4-2E4
Mayors Action: K Approved. Vetoed.
"4%Y RECORDER s APPROVED AS TO FORM
(SEAL) aRATE... /Date: -3 -3 (o
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Bill No. 13 of 2016. By.
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Published: May 5, 2016 Print: 10;,.lSC-w nit.r1y
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