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048 of 1988 - Regulation and Control of Vicious Dogs 0 88-1 0 88-7 SALT LAKE CITY ORDINANCE No. 48 of 1988 (Regulation and control of vicious dogs) AN ORDINANCE AMENDING TITLE 8 OF THE SALT LAKE CITY CODE, 1988, AS AMENDED, BY RENUMBERING SECTION 8.04.010 DEFINITIONS, AND ADDING NEW DEFINITIONS IN 8.05.020. 12, 13, 16, 17, 19, 22, 27, 28 AND 29; AND ADDING A NEW CHAPTER 8.05 THERETO RELATING TO THE REGULATION AND CONTROL OF VICIOUS DOGS. WHEREAS, it is the desire of the City Council of Salt Lake City to provide for the health, safety and welfare of the citizens of Salt Lake City; and WHEREAS, it is deemed to be in the best interests of the citizenry of Salt Lake City to regulate and control vicious dogs. Now, therefore, be it ordained by the City Council of Salt Lake City, Utah: SECTION 1 . That Title 8 of the Salt Lake City Code, 1988, as amended, be, and the same hereby is, amended by RENUMBERING Section 8.04.010. Definitions, and ADDING new Definitions in 12, 13, 16, 17, 19, 22, 27, 28 and 29 . Title 8 Chapters: 1. 8.04.010 *** 2. 8.05. Regulation and control of vicious dogs. Sec. 8.04.010 As used in this Code: 1 . Animal at large. *** 2. Animal boarding establishment. *** 3. Animal grooming parlor. *** 4. Animals. *** 5. Animal shelter. *** 6. Animal under restraint. *** 7. Bite. *** 8. Cat. *** 9. Cattery. *** 10. Dog. *** 11. Domesticated animals. *** 12. Enclosure. A fence or structure of at least six ( 6) feet ( 61 ) in height, forming or causing an enclosure suitable to confine a vicious dog in conjunction with other measures which may be taken by the owner or keeper, such as tethering of the vicious dog. 13. Estray or stray. Any animal at large as defined herein. 14. Guard dog. *** 15. Holding facility. *** 16. Impoundment. Taken into the custody of the Animal Control Office or Police Department. 17. Kennel. An establishment having dogs for the purpose of boarding, breeding, buying, grooming, letting for hire, training for fee, or selling. 18. Leash or lead. *** 19. Person. A natural person or any legal entity, including, but not limited to, a corporation, firm, partnership or trust. -2- 20. Pet. *** 21. Pet shop. *** 22. Provoked. Any deliberate act by a person towards a dog or any other animal done with the intent to tease, torment, abuse, assault or otherwise cause a reaction by the dog or other animal, provided however, that any act by a person done with the intent to discourage or prevent a dog or other animal from attacking shall not be considered to be a provocation. 23. Quarantine. *** 24. Riding school or stable. *** 25. Set. *** 26. Springloaded trap. *** 27. Vicious Animal. Any animal which is dangerously aggressive, including, but not limited to, any animal which has bitten or in any other manner attacked any person or animal. 28. Vicious Dog means: (a) Any dog which, in a vicious or terrorizing manner approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; (b) Any dog with a known propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or animals; or (c) Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal on public or private property. -3- 29. Wild, exotic or dangerous animal. Any animal which is not commonly domesticated, or which is not native to North America, or which irrespective of geographic origin, is of a wild or predatory nature, or any other animal which, because of its size, growth propensity, vicious nature or other character- istics would constitute an unreasonable danger to human life, health or property if not kept, maintained or confined in a safe and secure manner, including those animals which, as a result of their natural or wild condition, cannot be vaccinated effec- tively for rabies. Those animals, however domesticated, shall include, but are not limited to: (a) *** (b) *** (c) *** (d) *** (e) *** (f) *** (9) *** (h) *** (i) *** (j ) *** (k) *** SECTION 2. That Title 8 of the Salt Lake City Code, 1988, as amended, be, and the same hereby is, amended by ADDING a new Chapter 8.05, relating to Regulation and control of vicious dogs. Sec. 8.05.010 Regulation of vicious dogs. -4- A. A vicious dog shall not be licensed in Salt Lake City unless the owner or keeper of such vicious dog shall meet the following requirements: 1. The owner or keeper shall present to the Depart- ment of Animal Control proof that the owner or keeper has procured liability insurance in the amount of at least Twenty-Five Thousand Dollars ($25,000.00) , covering any damage or injury which may be caused by such vicious dog during the twelve ( 12) month period for which licensing is sought, which policy shall contain a provision guaranteeing Salt Lake City Corporation to be notified by the insurance company of any cancellation, termination or expiration of the liability insurance policy. Such proof of insurance, shall be in such form as approved by the Office of the Salt Lake City Attorney. 2. The Animal Control Director may issue regulations requiring the owner or keeper, at his own expense, to have the licensing number assigned to such vicious dog, or such other identification number as Salt Lake City shall determine, tattooed upon such vicious dog by a licensed veterinarian or person trained as a tattooist and authorized as such by statute. The tattoo shall be placed either on the upper inner lip or upper left rear thigh of the vicious dog. The Department of Animal Control may designate the particular location of the tattoo. The number shall be noted on the City licensing files for such -5- vicious dog, if it is different from the dog' s license number. For the purposes of this section, "tattoo" shall be defined as any permanent numbering of a vicious dog by means of indelible or permanent ink with the number designated by the licensing authority, or any other permanent, acceptable method of tattooing. 3. The owner or keeper shall display a sign on his or her premises warning that there is a vicious dog on the premises. Said sign shall be visible and capable of being read from all public entrance points to the area in which the dog is enclosed. 4. The Owner or keeper shall sign a statement attesting that: (a) The owner or keeper shall maintain and not voluntarily cancel the liability insurance required by this section during the twelve ( 12) month period for which licensing is sought, unless the owner or keeper shall cease to own or keep the vicious dog prior to expiration of such license. (b) The owner or keeper shall, on or prior to the effective date of such license for which applica- tion is being made, have an enclosure for the vicious dog on the property where the vicious dog will be kept or maintained. Such enclosure shall be securely enclosed and locked and designed with secure sides, top and bottom and shall be designed to prevent the animal from escaping from the enclosure. -6- (c) The owner or keeper shall notify the Animal Control Office immediately if a vicious dog is on the loose, is unconfined, has attacked another animal or has attacked a human being. If the vicious dog has died, been sold, or given away, the owner or keeper shall notify the Department of Animal Control by the end of the next business day and shall also provide the Department of Animal Control with the name, address and telephone number of the new owner of the vicious dog. (5) The owner or keeper shall at all times cause the vicious dog to wear a collar of a color and type provided by the Department of Animal Control so that the dog is readily identifiable as a vicious dog. ( 6) The owner or keeper of a vicious dog shall be issued a permanent license number when the vicious dog is licensed. Said license must be renewed each year. The animal license fee for a vicious dog shall be $50.00 in addition to other license fees. Sec. 8.05.020 Control of vicious dog. A. All vicious dogs Shall be confined in a locked enclosure. It shall be unlawful for any owner or keeper to maintain a vicious dog upon any premises which does not have a locked enclosure. B. It shall be unlawful for any owner or keeper to allow any vicious dog to be outside of the dwelling of the owner or -7- keeper or outside of the enclosure, unless the vicious dog shall be securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three 3 feet in length, and shall be under the direct control of a person capable of completely restraining the dog and under the direct supervision of the owner or keeper of the vicious dog. C. Vicious dogs shall be not allowed to participate in dog shows. Sec. 8.05.030 Offending vicious dogs. A. It shall be a Class B misdemeanor offense of strict liability for the owner or keeper of a vicious dog if the owner or keeper's vicious dog shall, when unprovoked, kill or wound, or assist in killing or wounding any sheep, lamb, cattle, dog, cat, horse, hog, swine, fowl or other animal, or shall, when unprovoked, attack, assault, bite or otherwise injure any human being or assist in attacking, assaulting, biting or otherwise injuring any human being while out of or within the enclosure of the owner or keeper of such vicious dog, or while otherwise, on or off the property of the owner or keeper, whether or not such vicious dog was on a leash and securely muzzled or whether the vicious dog escaped without fault of the owner or keeper. B. The owner or keeper of such dog shall also be strictly liable to the person aggrieved as aforesaid, for all damage sustained. It is rebuttably presumed as a matter of law that the owning, keeping or harboring of a vicious dog in violation of this Chapter is a nuisance. It shall not be necessary, in -8- order to sustain any such action, to prove that the owner or keeper of such vicious dog knew that such vicious dog possessed the propensity to cause such damage or that the vicious dog had a vicious nature. Upon such attack or assault, the Department of Animal Control or Police Department is hereby empowered to impound the vicious dog. Sec. 8.05.040 Penalties for violation. A. 1 . Any vicious dog which does not have a valid license in accordance with the provisions of this Chapter; or 2. Whose owner or keeper does not secure the liability insurance coverage required in accordance with Section 8.05.010.A. 1 of this Chapter; or 3. Which is not maintained on property with an enclosure; or 4. Which is found to be outside of the dwelling of the owner or keeper, or outside of an enclosure except as provided in this Chapter; or 5. Which is found not wearing the collar required by Section 8.05.010A. 5. of this Chapter or 6. Which is not tattooed should the Animal Control Director issue such regulation, shall be impounded by an Animal Control Officer or Police Officer and the owner or keeper guilty of a Class B misdemeanor. B. If any dog that has been declared vicious pursuant to the provisions of this Chapter shall, when unprovoked, kill, -9- wound or worry or assist in killing or wounding or worrying any animal, the Animal Control Office or Police Department is empowered to impound and, after the expiration of a 5-day appeal period, exclusive of weekends and holidays, shall destroy the vicious dog. Appeals shall be made, in writing, to the Director of Animal Control and shall be made pursuant to Section 8.05.050 of this Code. C. If any dog that has been declared vicious pursuant to the provisions of this Chapter shall, when unprovoked, attack, assault, wound, bite or otherwise injure or kill a human being, the Animal Control Office or Police Department is empowered to impound and, after the expiration of a 5-day appeal period, exclusive of weekends and holidays, shall destroy the vicious dog. Appeals shall be made, in writing, to the Director of Animal Control and shall be made pursuant to Section 8.05.050 of this Code. Sec. 8.05.050 Determination, seizure, impoundment and disposition of vicious dogs. A. The Director of Animal Control, or the Director's designee, in their discretion or upon receipt of a complaint alleging that a particular dog is a vicious dog, as defined herein, may initiate proceedings to declare such dog a vicious dog. In determining whether or not a dog shall be declared a vicious dog, the Director of Animal Control or designee may consider, as a mitigating factor, that the actions of the dog were provoked, as defined in this Chapter. A hearing on the -10- matter shall be conducted by the Director of Animal Control or the designee. The person owning, keeping, sheltering or harboring the dog in question shall be given not less than 72 hours written notice of the time and place of the hearing. Said notice shall set forth the description of the dog in question and the basis for the allegation of viciousness. The notice shall also set forth that if the dog is determined to be vicious, the owner will be required to register and restrain it in accordance with this Chapter, remove it from the City, or allow it to be destroyed. The notice shall be served upon any adult residing at the premises where the dog is located, or may be posted on those premises if no adult is present to accept service. B. If, after the hearing, the Animal Control Director or the designee determines that a dog is vicious, as defined in this Chapter, the Director of Animal Control or his designee shall order the person owning, sheltering, harboring or keeping the dog to register the dog in compliance with this Chapter, remove it from the City, or to cause it to be destroyed in a humane manner. The order shall immediately be served upon the individual or entity against whom issued in the same manner as the notice of hearing. If the order is not complied with within three (3 ) days of its issuance, the Director of Animal Control or the designee is authorized to order the seizure and impoundment of the dog. A dog so seized shall be impounded for a period of seven (7) days from the date the order is served -11- upon the owner or keeper. If, at the end of the impoundment period, the person against whom the order of the Director of Animal Control or his designee was issued has not appealed such order, the Director of Animal Control or the designee shall cause the dog to be destroyed. C. The order to register, remove, or destroy a vicious dog issued by the Director Animal Control or his designee may be appealed to the Mayor or his designee. In order to appeal the order, written notice of appeal must be filed with the Mayor within three (3) days after receipt of the order to remove, register, or destroy the vicious dog. Failure to file such written notice of appeal shall constitute a waiver of the right to appeal the order of the Director of Animal Control or his designee. D. The notice of appeal shall state the grounds for such appeal and shall be delivered personally or by certified mail to the Office of the City Recorder. The hearing of the appeal shall be held by the Mayor or Mayor' s designee within five (5) days after receipt of the notice of appeal. The hearing may be continued for good cause. After such hearing, the Mayor may affirm, reverse, or modify the order of the Director of Animal Control or his designee. Such determination shall be contained in a written decision and shall be made within three (3) days after the hearing, or any continued session thereof. E. If the Mayor affirms the action of the Department of Animal Control or his designee, the Mayor or his designee shall -12- order in his written decision that the person owning, shelter- ing, harboring or keeping such vicious dog, shall comply with the requirements of this Chapter, remove such dog from the City, or cause it to be destroyed in a humane manner. The decision and order shall immediately be served upon the person or entity against whom rendered in the same manner as the order to remove or destroy. If the order of the Mayor, after appeal, is not complied with within three (3) days of its issuance, the Animal Control Office is authorized to seize and impound such vicious dog. Any dog so seized shall be impounded for a period of seven (7) days from the date the order is served upon the owner or keeper. If, at the end of the impoundment period, the entity or individual against whom the decision and order of the Mayor was issued has not complied with the order or petitioned the appropriate court for a review of said order, the Animal Control Office shall cause the dog to be destroyed in a humane manner. F. Failure to comply with an order of the Director of Animal Control or his designee issued pursuant hereto and not appealed, or of the Mayor after appeal, shall constitute a Class B misdemeanor. G. Any dog found at large which displays vicious tendencies may be processed as a vicious dog pursuant to the foregoing. H. Any dog which is alleged to be vicious and which is under impoundment or quarantine at the animal shelter shall not be released to the owner, but shall continue to be held at the -13- expense of the owner pending the outcome of the hearing and all appeals. All costs of such impoundment or quarantine shall be paid by the owner if the dog is determined to be vicious. If collection of expenses is nursed through the court, Salt Lake City Corporation shall file suit and receive a judgment for all expenses, together with reasonable attorneys' fees, interest and court costs. If the dog is not determined to be vicious, all costs of such impoundment or quarantine shall be paid by Salt Lake City Corporation. 8.05.060 Severability. If any provision of Title 8 is declared invalid by a court of competent jurisdiction, the remainder shall not be affected thereby. SECTION 3. Effective Date. This Ordinance shall take effect upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah, this 51-,11 day of July 1988. CHAIRPERSON ATTEST: VT RTD*ER -14- i V Transmitted to the Mayor on July 6, 1988 Mayor' s Action: XXX Approved. Vetoed. . 4wIy 4- & MAYOR ,IIPV RE DER r> •. 5 .. .. _ _. ...._ (SEAL) Bill No. 48 of 1988. Published: July 15, 1988 GRH:rc -15-