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064 of 2007 - feral cats 0 07-1 0 06-27 SALT LAKE CITY ORDINANCE No. 64 of 2007 Sunset Clause Removal) AN ORDINANCE AMENDING SECTION 8.04.010, SALT LAKE CITY CODE, PERTAINING TO DEFINITIONS; ENACTING SECTION 8.04.135, SALT LAKE CITY CODE, RELATING TO FERAL CAT COLONY REGISTRATION REQUIREMENTS; ENACTING SECTION 8.04.136, SALT LAKE CITY CODE, RELATING TO MAINTAINING A REGISTERED FERAL CAT COLONY—ADDITIONAL REQUIREMENTS; AMENDING SECTION 8.04.150, SALT LAKE CITY CODE, RELATING TO COMMERCIAL AND PET RESCUE PERMITS —FEE SCHEDULE; AMENDING SECTION 8.04.210, SALT LAKE CITY CODE, RELATING TO COMMERCIAL ESTABLISHMENTS — EMERGENCY SUSPENSION OF PERMIT; AND AMENDING SUBSECTION A OF APPENDIX A TO TITLE 8, SALT LAKE CITY CODE, RELATING TO PERMITS AND FEES. Be it ordained by the City Council of Salt Lake City, Utah: SECTION 1. That Section 8.04.010, Salt Lake City Code, pertaining to definitions be, and the same hereby is, amended to read as follows: 8.04.010 Definitions: As used in this Title: A. "Abandonment" means: 1) placing an animal in an unsafe or dangerous environment where the animal is separated from basic needs such as food, water, shelter or necessary medical attention, for a period of longer than twenty four(24) hours; or 2) failure to reclaim an animal 1 seventy two (72) hours beyond the time agreed upon with a kennel, grooming service, veterinary hospital, or animal shelter. B. "Allow", for the purposes of this ordinance, shall include human conduct that is intentional, deliberate, careless, inadvertent or negligent in relation to the actions of an animal. C. "Animal at large" means any domesticated animal, whether or not licensed, not under restraint as defined below. D. "Animal boarding establishment" means any establishment that takes in animals for board for profit. E. "Animal groomer" means any establishment maintained for the purpose of offering cosmetological services for animals for profit. F. "Animals" means any and all types of livestock, dogs and other nonhuman creatures, both domestic and wild, male and female, singular and plural. G. "Animal services" means the office referred to in section 8.04.020 of this chapter, or its successor. H. "Animal shelter" means a facility owned and/or operated by a governmental entity or any animal welfare organization that is incorporated within the state, used for the care and custody of seized, stray, homeless, quarantined, abandoned or unwanted dogs, cats, or other small domestic animals; or for the purpose of protective custody under the authority of this ordinance or state law. I. "Animal under restraint" means any animal under the control of its owner or person over the age of twelve (12) years having charge, care, custody or control of the animal, by means of: 2 1) a leash or lead not to exceed six feet (6') in length, 2) other physical enclosure, or 3) within the real property limits of the owner. J. "Bite" means an actual puncture, tear or abrasion of the skin inflicted by the teeth of an animal. K. "Carriage" or "horse drawn carriage" means any device in, upon, or by which any person is or may be transported or drawn upon a public way and which is designed to be drawn by horses. L. "Carriage business" means any person offering to transport another person for any valuable consideration and by means of a horse drawn carriage. M. "Cat" means any age feline of the domesticated types four (4) months of age or older. N. "Cattery" means an establishment for boarding, breeding, buying, grooming or selling cats for profit. O. "Commercial animal establishment" means any pet shop, grooming shop, animal training establishment, guard dog auction or exhibition, riding school or stable, zoological park, circus, rodeo, animal exhibition, or boarding or breeding kennel. P. "Confinement" means that the animal is kept in an escape-proof enclosure or walked on a leash of not more than six feet(6') in length by a person eighteen (18) years of age or older. Confinement does not restrict contact with other animals or humans. Q. "Custodian" means a person having custody. R. "Custody" means ownership, possession of, harboring, or exercising control over any animal. S. "Dangerous animal" means any animal that is a hazard to the public health and safety. 3 T. "Dog" means any Canis familiaris four(4) months of age or older. U. "Domesticated animals" means animals accustomed to live in or about the habitation of people, including, but not limited to, cats, dogs, fowl, horses, swine and goats. V. "Driver" means any person operating or in actual physical control of a horse-drawn carriage, or any person sitting in the driver's seat of such carriage with the intention of causing it to be moved by a horse. W. "Enclosure" means any structure that prevents an animal from escaping its confines. X. "Estray" or "stray" means any "animal at large", as defined herein. Y. "Euthanasia" means the humane destruction of an animal accomplished by a method approved by the most recent Report of the American Veterinary Medication Association Panel on Euthanasia. Z. "Feral cat" means any homeless, wild or untamed cat. AA. "Feral cat colony"means a group of homeless, wild or untamed cats living or growing together. BB. "Guard dog" means a working dog which must be kept in a fenced run or other suitable enclosure during business hours, or on a leash or under absolute control while working, so it cannot come into contact with the public. CC. "Holding facility" means any pet shop, kennel, cattery, groomery, riding school, stable, animal shelter, veterinary hospital, humane establishment, or any other such facility used for holding animals. DD. "Impoundment" means taken into the custody of an animal services agency, police department, or an agent thereof. 4 EE. "Kennel" means an establishment having dogs for the purpose of boarding, breeding, buying, grooming, letting for hire, training for fee, or selling. FF. "Leash" or "lead" means any chain, rope or device used to restrain an animal, being no longer than six feet (6') in length. GG. "Owner" means any person having title to, or an ownership interest in, or custody of, or keeping, maintaining or possessing one or more animals. "Owner" does not include a feral cat custodian participating in a trap, spay/neuter, return or release program. HH. "Person" means a natural person or any legal entity, including, but not limited to, a corporation, firm, partnership or trust. II. "Pet" or "companion animal" means any animal of a species that has been developed to live in or about the habitation of humans, is dependent on humans for food and shelter, and is kept for pleasure rather than utility or commercial purposes. JJ. "Pet shop" means any establishment containing cages or exhibition pens, not part of a kennel or cattery, wherein dogs, cats, birds or other pets are kept, displayed or sold. K.K. "Provoked" means 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. LL. "Quarantine" means the isolation of an animal in a substantial enclosure so that the animal is not subject to contact with other animals or persons not authorized by the Office of Animal Services. 5 MM. "Riding school or stable" means an establishment which offers boarding and/or riding instruction for any horse, pony, donkey, mule or burro, or which offers such animals for hire. NN. "Service animal" means any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability. 00. "Set" means: 1. To cock, open or put a trap in such a condition that it would clamp closed when an object or person touches a triggering device; and/or 2. To place a spring-loaded trap which has been opened or fixed so that it would close upon the triggering device being touched upon the ground, or in a position where a person or animal could become caught therein. PP. "Specialized equipment" is that equipment, other than the usual patrol vehicles of animal services, which is designed for specific purposes such as, but not limited to, livestock trailers and carcass trailers. QQ. "Species subject to rabies" means any species that has been reported to the Center for Disease Control to have contracted the rabies virus and become a host for that virus. RR. "Spring-loaded trap" means any clamp-like apparatus which is utilized to catch animals, objects or persons when, after being set and the triggering device being activated, clamp-like jaws are designed to come together with force so as to clamp or close upon an animal, person or object activating the spring or triggering device. SS. "Stable" means any place or facility where one or more horses, ponies, donkeys, mules or burros are housed or maintained, and are offered for hire. 6 TT. "Veterinarian" means any person legally licensed to practice veterinary medicine under the laws of the State of Utah. UU. "Vicious animal" means: 1. Any animal which, in a threatening or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places; 2. Any animal with a known propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or animals; or 3. Any animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal on public or private property. VV. "Wild, exotic or dangerous animal" means 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 characteristics, would constitute an unreasonable danger to human life, health or property if not kept, maintained or confined in a safe and secure manner, including hybrids, and animals which, as a result of their natural or wild condition, cannot be vaccinated effectively for rabies. Those animals, however domesticated, shall include, but are not limited to: 1. Alligators And Crocodiles: Alligators and crocodiles; 2. Bears (Ursidae): All bears, including grizzly bears, brown bears, and black bears; 3. Cat Family(Felidae): All except the commonly accepted domesticated cats, and including cheetahs, cougars, leopards, lions, lynx, panthers, mountain lions, tigers and wildcats; 4. Dog Family(Canidae): All except domesticated dogs, and including wolf, part wolf, fox, part fox, coyote, part coyote, dingo and part dingo; 5. Porcupines: Porcupine (erethizontidae); 6. Primate (Hominidae): All subhuman primates; 7. Raccoon (Prosynnidae): All raccoons, including eastern raccoons, desert raccoons and ring- tailed cats; 8. Skunks: Skunks; 9. Fish: Venomous fish and piranha; 10. Snakes Or Lizards: Venomous snakes or lizards; 11. Weasels (Mustelidae): All, including weasels, martins, wolverines, ferrets, badgers, otters, ermine, mink and mongoose, except that the possession of such animals shall not be prohibited when raised commercially for their pelts. WW. "Work", with reference to a horse, means that the horse is out of the stable and presented as being available for pulling carriages; in harness; or pulling a carriage. SECTION 2. That Section 8.04.135, Salt Lake City Code, pertaining to feral cat colony registration permit requirements be, and the same hereby is, enacted to read as follows: 8.04.135 Feral Cat Colony Registration —Requirements It is unlawful for any person to maintain a feral cat colony without a registration. Unless prohibited by zoning or other ordinances or laws, any person over eighteen (18) years of age, shall register a feral cat colony with Salt Lake City or its designee provided: A. Cats have been sterilized, given their vaccinations as required and ear- tipped, or are being actively trapped so as to perform sterilization, vaccination and ear-tipping; 8 B The Registrant retains a detailed description of each cat in the colony including vaccination history; C. The Registrant obtains proof of property owner and/or landlord permission at the site that the colony is being maintained; and provides property owner/landlord with cat custodian contact information. D. The Registrant fee is paid annually and in the event of transfer of responsibility to a new custodian. SECTION 3. That Section 8.04.136, Salt Lake City Code, pertaining to maintaining a registered feral cat colony—additional requirements be, and the same hereby is, enacted to read as follows: 8.04.136 Maintaining a Registered Feral Cat Colony—Additional Requirements Feral cat colony custodians shall: A. Take responsibility for feeding the cat colony regularly throughout the year, while ensuring that the feeding area(s) are secure from insect, rodent, and other vermin attraction and harborage; B. Sterilize, vaccinate and ear-tip all adult cats that can be captured. Implanting a microchip is recommended; C. Remove droppings, spoiled food, and other waste from the premises as often as necessary and at least every seven (7) days, to prevent odor, insect or rodent attraction or breeding, or any other nuisance; and D. Shall not relocate a cat colony or add a cat to an existing colony. 9 SECTION 4. That Section 8.04.150, Salt Lake City Code, pertaining to commercial and pet rescue permits— fee schedule be, and the same hereby is, amended to read as follows: 8.04.150 Permits/Registrations-Fee Schedule: Fees for commercial operations (kennels, catteries, groomeries, pet shops, veterinary clinics or hospitals),pet rescue permits and feral cat colony registrations shall be as indicated in Appendix A of this Chapter. SECTION 5. That Section 8.04.210, Salt Lake City Code, pertaining to commercial establishments— emergency suspension of permit be, and the same hereby is, amended to read as follows: 8.04.210 Emergency Suspension Of Permit/Registration: Notwithstanding the other provisions of this Title, when the inspecting officer finds unsanitary or other conditions in the operation of feral cat colonies, pet rescue residence, kennels, catteries, groomeries, veterinary clinics or hospitals, riding stables, pet shops, or any similar establishments, which, in such officer's judgment, constitute a substantial hazard to the animal(s) and/or the public health, such officer may, without warning or hearing, issue a written notice to the permit or registration holder or operator citing such condition and specifying the corrective action to be taken. Such order shall state that the permit or registration is immediately suspended, and all operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith. Any animals at such facility may be confiscated by the Animal Services Office and impounded or otherwise provided for according to the provisions of this Title. 10 • SECTION 6. That Subsection A of Appendix A to Title 8, Salt Lake City Code, relating to permit fees be, and the same hereby is, amended to read as follows: APPENDIX A SALT LAKE CITY ANIMAL SERVICES ANNUAL PERMITS AND FEES A. Permit Fees: Commercial operations up to 30 animals $ 75.00 Commercial operations over 30 animals 150.00 Riding stables 40.00 Business selling only tropical or freshwater fish 50.00 Pet rescue permit 25.00 If issued at shelter's request 0.00 Feral cat colony registration 5.00 Late fee (in addition to regular fee) 25.00 SECTION 7. This ordinance shall take effect immediately upon the date of its first publication. Passed by the City Council of Salt Lake City, Utah this 11th day of December , 2007. 11 / 6/ ,"fl,'; - __X/i. 1?")../ ,.i'. ':*,Z, - CHAIRPERSON ATTEST: CHIEF DE UT ITY CORDER Transmitted to Mayor on December 12, 2007 . Mayor's Action: K Approved. Vetoed. C.___C t__ MAYOR ATTEST: 014/4P.tikp CHIEF DEPUTY CITY R CORDER "--- - fit' •v �,M y , i (SEAL) j -77 !� }r _ •,� "I � Bill No. 64 of 2007. pGt -° Published: ,January 11, 200E HB_ATTY-#2602-v 1-Amending_8_040_010_feral_cats_final_ APPROVED AS TO FORM Salf Lake Cit orn y's Office Date t 1 6 8y 12