069 of 1999 - An ordinance amending Title 8, Salt Lake City Code, relating to Animal Control0 99-1
0 99-22
SALT LAKE CITY ORDINANCE
No. 69 of 1999
(An ordinance amending Title 8,
Salt Lake City Code, relating to Animal Control)
AN ORDINANCE REPEALING SECTION 8.04.050, SALT LAKE CITY
CODE; ENACTING SECTIONS 8.04.065, 8.04.356, 8.04.510, AND 8.04.520;
AMENDING TITLE 8, CHAPTER 4, RELATING TO ANIMAL CONTROL;
AMENDING TITLE 8, CHAPTER 5, RELATING TO REGULATION AND
CONTROL OF VICIOUS DOGS; AMENDING TITLE 8, CHAPTER 8 RELATING TO
KEEPING ANIMALS, LIVESTOCK AND POULTRY; AND AMENDING TITLE 8,
CHAPTER 12, RELATING TO ESTRAYS.
Be it ordained by the City Council of Salt Lake City. Utah:
SECTION 1. That Section 8.04.050, Salt Lake City Code, be, and the same
hereby is repealed.
SECTION 2. That Section 8.04.065, Salt Lake City Code, regarding permit and
license fees be, and the same hereby is, enacted as follows:
8.04.065. Permit and license fees - Expiration - Renewal
A permit issued pursuant to this chapter shall expire one year after it is issued by
the office of animal services or other authorized entity, and shall be renewable upon
application therefore. Renewal applications shall not be available until thirty (30) days
prior to the expiration date of the current permit. A permit may only be issued after the
appropriate fee has been paid. Applications shall be accompanied by the fee established
in the Permit and Fee Schedule, Appendix A, attached hereto and incorporated by
reference into these ordinances. Licenses may be issued for multiple years in accordance
with fees set forth in Appendix A.
A. The permit and license fee schedule may be modified from time to time as
deemed appropriate by the director of animal services or other authorized manager, and
upon approval by the Salt Lake City Council.
B. Permits are not transferable from one owner to another, nor from one site to
another.
SECTION 3. That Section 8.04.356, Salt Lake City Code, regarding sterilization be, and
the same hereby is, enacted as follows:
8.04.356. Sterilization Required.
Any dog or cat adopted from the office of animal services shall be sterilized
within the time established in the adoption agreement. Any person who fails to comply
with the requirement for sterilization of an animal under this section is guilty of a Class B
Misdemeanor.
SECTION 4. That Section 8.04.510, Salt Lake City Code, regarding issuance of citations
and notices of violation be, and the same hereby is, enacted as follows:
8.04.510. Issuance of Citations; Notice of Violations.
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A. A peace officer and/or animal services officer is authorized to issue a citation
to any person upon a charge of violating any provisions of this Title. The form of the
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, Sections 77-7-18 through 77-7-22, Utah Code Annotated, 1953 as amended, or their
successors.
B. Where violations of the following requirements of this ordinance are
committed, an animal services officer or authorized agent may issue a Notice of Violation
to any person in lieu of a citation: violations regarding (1) inspections and reports, (2)
licensing, (3) rabies vaccinations, (4) harboring stray animals, (5) animals running at
large, (6) animal nuisances, (7) more than two animals at a residence, (8) animal trespass,
(9) staking dogs improperly, (10) confining female dogs in heat, (11) animal care and
maintenance, (12) animals in vehicles, (13) giving animals as sales premiums, (14) the
sale/premium of baby rabbits and fowl, or (15) the sale of pet turtles. The Notice of
Violation shall state, with reference to the pertinent sections of this Title, the violation
which must be remedied by the person charged and shall set forth a compliance date by
which the violator must comply with the remedial requirements. The Notice of Violation
shall also include the amount of an administrative and processing fee to be paid to the
office of animal services by the person charged in the Notice of Violation. The fee shall
be the same as that set forth in Appendix A for Minimum Citation Penalties. This fee
amount may be waived for first offenses, provided the pet owner satisfactorily completes
a class on responsible pet ownership which is approved by the office of animal services.
Refusal and/or non-payment of the administrative and processing fee, or failure to
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comply with the remedial requirements referred to in the Notice of Violation by the
deadline set as the compliance date, may result in the issuance of a citation to the person
charged.
SECTION 5. That Section 8.04.520, Salt Lake City Code, regarding notice of violations
and appeal procedures be, and the same hereby is, enacted as follows:
8.04.520 Notice of Violations — Appeal procedures.
A. The mayor shall appoint such hearing officers as he or she deems appropriate
to consider matters relating to the issuance of Notices of Violations.
B. Any person having received a Notice of Violation, as provided in this chapter,
may appear before a hearing officer and present and contest such alleged violation.
C. The burden to prove any defense shall be upon the person raising such
defense.
D. If the hearing officer finds that no violation as set forth in the Notice of
Violation has occurred or that such a violation has occurred but one or more of the
defenses set forth in this section is applicable, the hearing officer may dismiss the Notice
of Violation and release the recipient of the notice from liability thereunder or the officer
may reduce the penalty associated therewith. Such defenses are:
1. At the time of the receipt of the notice, the person receiving the notice
was not the owner or the person responsible for the animal and his/her actions did
not contribute to the issuance of the Notice of Violation;
2. Compliance with the subject ordinances would have presented an
imminent and irreparable injury to persons or property.
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3. Such other mitigating circumstances as may be approved by the city law
department.
E. If the hearing officer finds that an unauthorized use occurred and no applicable
defense exists, the hearing officer may, in the interest of justice and on behalf of the city,
enter into an agreement for the timely or periodic payment of the applicable penalty.
F. If the penalty imposed pursuant to this chapter remains unsatisfied after forty
days from the receipt of notice, or ten days from such date as may have been agreed to by
the hearing officer, the city may use such lawful means as are available to collect such
penalty, including costs and attomey's fees.
SECTION 6. That Title 8, Chapter 4 of the Salt Lake City Code, relating to
animal control, be, and the same hereby is, amended to read as follows:
8.04.010. Definitions.
As used in Title 8 of this code:
1. "Abandonment" means: (a) 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 24 hours; or (b) failure to
reclaim an animal seventy-two (72) hours beyond the time agreed upon with a kennel,
grooming service, veterinary hospital, or animal shelter.
2. "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.
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3. "Animal at large" means any domesticated animal, whether or not licensed, not
under restraint as defined below.
4. "Animal boarding establishment" means any establishment that takes in
animals for board for profit.
5. "Animal groomer" means any establishment maintained for the purpose of
offering cosmetological services for animals for profit.
6. "Animals" means any and all types of livestock, dogs and other non -human
creatures, both domestic and wild, male and female, singular and plural.
7. "Animal services" means the office referred to in Section 8.04.020, or its
successor.
8. "Animal shelter" means a facility owned and/or operated by a governmental
entity or any animal welfare organization that is incorporated within the state under
Section 76-9-302; Utah Code Annotated, 1953, as amended, or its successor; -and 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.
9. "Animal under restraint" means any animal under the control of its owner or
person over the age of 12 years having charge, charge, care, custody or control of the
animal, by the means of (1) a leash or lead not to exceed six feet in length, (2) other
physical enclosure, or (3) within the real property limits of the owner.
10. "Bite" means an actual puncture, tear or abrasion of the skin inflicted by the
teeth of an animal.
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11. "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.
12. "Carriage business" means any person offering to transport another person for
any valuable consideration and by means of a horse-drawn carriage.
113. "Cat" means any feline of the domesticated types four (4) months of age or
older.
14. "Cattery" means an establishment for boarding, breeding, buying, grooming or
selling cats for profit.
15. "Commercial animal establishment" means any pet shop, grooming shop,
animal training establishment, guard dog auction or exhibition, riding school or stable,
zoological part, circus, rodeo, animal exhibition, or boarding or breeding kennel.
16. "Confinement" means that the animal is kept in an escape proof enclosure or
walked on a leash of not more than six feet in length by a person 18 years of age or older.
Confinement does not restrict contact with other animals or humans.
17. "Custody" means ownership, possession of, harboring, or exercising control
over any animal.
18. "Dangerous animal" means any animal that is a hazard to the public health
and safety. 19. "Dog" means any canis familiaris four (4) months of age or older.
20. "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.
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21. "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.
22. "Enclosure" means any structure that prevents an animal from escaping its
confines.
23. "Estray" or "stray" means any animal at large, as defined herein.
24. "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.
25. "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.26. "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.
27. "Impoundment" means taken into the custody of an animal services agency,
police department, or an agent thereof.
28. "Kennel" means an establishment having dogs for the purpose of boarding,
breeding, buying, grooming, letting for hire, training for fee, or selling. 29. "Leash" or
"lead" means any chain, rope or device used to restrain an animal, being no longer than
six feet in length.
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30. "Owner" means any person having title to, or custody of, or keeping, or
harboring one or more animals. An animal shall be deemed to be harbored if it is fed or
sheltered during a period of 24 consecutive hours or more.
31. "Person" means a natural person or any legal entity, including, but not limited
to, a corporation, firm, partnership or trust.
32. "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.
33. "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.
34. "Provoked" means any deliberate act by a person towards a dog or any other
animal done with the intent to tease, ton ilent, 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.
35. "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.
36. "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.
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37. "Service animal" means any guide dog, signal dog, or other animal
individually trained to provide assistance to an individual with a disability.
38. "Set" means:
a. 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
b. To place a springloaded 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.
39. "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.
40. "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.
41. "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.
42. "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.
43. "Veterinarian" means any person legally licensed to practice veterinary
medicine under the laws of the State of Utah.
44. "Vicious animal" means:
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a. 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;
b. 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
c. Any animal which bites, inflicts injury, assaults or otherwise attacks a human
being or domestic animal on public or private property.
45. "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:
a. Alligators and crocodiles;
b. Bears (ursidae): All bears, including grizzly bears, brown bears, and black
bears;
c. Cat family (felidae): All except the commonly accepted domesticated cats, and
including cheetahs, cougars, leopards, lions, lynx, panthers, mountain lions, tigers and
wildcats;
d. Dog family (canidae): All except domesticated dogs, and including wolf, part
wolf, fox, part fox, coyote, part coyote, dingo and part dingo;
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e. Porcupine (erethizontidae);
f. Primate (hominidae): All subhuman primates;
g. Raccoon (prosynnidae): All raccoons, including eastern raccoons, desert
raccoons and ring-tailed cats;
h. Skunks;
i. Venomous fish and piranha;
j. Venomous snakes or lizards;
k. 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.
46. "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.
8.04.020. Office of animal services.
There is created an office of animal services. A director of the office of animal
services and such personnel as may be necessary to the work of the office shall be
appointed by the mayor upon the recommendation of the director of the department of
management services. Alternatively, animal services may be provided through a legally
executed agreement, which includes the authority and power to enforce Title 8 of this
code.
8.04.030. Animal services officials - Powers and duties.
A. The animal services director, or any person employed by the office of animal
services as an animal services officer, or any person authorized through a legal
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agreement, shall take the oath of office and shall be vested with the power and authority
to enforce Title 8 of this code.
B. The animal services director, his or her deputies, assistants and animal services
officers, are hereby authorized and empowered to apprehend and take with them and
impound any animal found in violation of this title, and including licensable dogs for
which no license has been procured in accordance with this title, or any licensed or
unlicensed dogs for any other violation thereof.
C. In the enforcement of this title, any peace officer, or the director of animal
services, his or her assistants or animal services officers are authorized to enter onto the
open premises of any person to take possession of any animal in violation of this title.
8.04.040. Director's and officers' powers - Enforcement.
A. The animal services director shall:
1. Enforce this title and perform other responsibilities pursuant thereto;
2. Supervise the municipal animal shelter(s) under his or her jurisdiction;
3. Keep adequate records of all animals impounded and all moneys collected;
4. See that all animals and animal -holding facilities in his or her jurisdiction are
licensed, controlled and permitted in accordance with any applicable ordinance and/or
regulations;
5. Establish, in cooperation with the Salt Lake City -County health department and
other interested governmental agencies, adequate measures for rabies immunization and
control.
B. Each animal services officer shall:
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1. Enforce this chapter in all respects pertaining to animal services within the
City, including the care and impounding of animals and prevention of cruelty to animals;
2. Carry out all duties prescribed or delegated by the director.
8.04.060. Interference with officers prohibited.
It is unlawful for any person knowingly and intentionally to interfere with the
director or any animal services officer in the lawful discharge of their duties, as
prescribed in this title.
8.04.070. Dog license - Required when - Application and fees.
A. Required. All dogs shall be licensed each year, except as otherwise provided
herein, to a person of the age of eighteen years or older.
B. Deadline. Any person owning, possessing or harboring any dog shall obtain a
license for such animal within thirty days after the dog reaches the age of four months, or,
in the case of a dog over four months, or in the case of a new City resident, within thirty
days of the acquisition of the dog or the commencement of residency.
C. Application. License applications shall be submitted to the office of animal
services, by utilizing a standard form which requests name, address and telephone
number of the applicant; breed, sex, color and age of the animal; previous license
information; rabies and sterilization information; and the number, location or other
identification applicable to a tattoo or implanted microchip of the animal. The
application shall be accompanied by the prescribed license fee and by a rabies vaccination
certificate current for a minimum of six months beyond the date of application. A license
shall not be issued for a period that exceeds the expiration date of the rabies vaccination.
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Rabies vaccinations shall be given by a licensed veterinarian with a vaccine approved by
the current Compendium of Animal Rabies Control.
D. License Fees.
1. License fees shall be as set forth in the Permit and Fee Schedule, Appendix A,
of this Title 8.
2. No dog shall be licensed as spayed or neutered without veterinary
verification that such surgery was performed.
E. License vendors. The animal services director may contract with veterinary
hospitals, veterinarians, pet shops, animal grooming parlors, and similar institutions or
individuals for the issuance of license application forms. License fees and requirements
for licensure with such vendors shall be the same as if the application was issued directly
by the office of animal services.
F. Number of Dogs. No person or persons at any one residence within the City
shall at any one time own, harbor or license more than two dogs in any combination
except as otherwise provided herein.
G. Senior Citizen Provisions. In lieu of the annual license fees provided above, a
person sixty years of age or older on the date of license application may, upon proof of
age, obtain a dog license for an unsterilized dog for a reduced fee as specified in
Appendix A of this title. A person sixty years of age or older may obtain a dog license
for the life of a spayed or neutered dog for a one time nontransferable fee as specified in
Appendix A of this title, but such person shall nevertheless obtain a license without fee
thereafter for verification of rabies vaccination. This subsection shall not be construed to
relieve any person from meeting all licensing requirements not specifically exempted,
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including late fees and required vaccinations, nor is any license issued hereunder
transferable to any other animal or owner other than that for which the license was issued.
8.04.080. Dog license - Tag requirements.
A. Upon payment of the license fee, the office of animal services shall issue to the
owner a certificate and a tag for each dog licensed. The tag shall have stamped thereon
the license number corresponding with the tag number on the certificate. The owner shall
attach the tag to the collar or harness of the animal and see that the collar and tag are
constantly worn when the animal is off the premises of the owner. Failure to attach the
tag as provided shall be in violation of this title, except that dogs which are kept for show
purposes are exempt from wearing the collar and tag when participating in a match or
show.
B. Dog tags are not transferable from one dog to another. No refunds shall be
made on any dog license fee for any reason whatsoever. Replacements for lost or
destroyed tags shall be issued upon payment of the replacement tag fee set in Appendix A
of this title to the office of animal services.
C. Any person removing or causing to be removed the collar, harness or tag from
any licensed dog without the consent of the owner or keeper thereof, except a licensed
veterinarian or animal services officer who removes such for medical and other reasons,
shall be in violation of this title.
D. Owners may have an identifying microchip implanted in their dogs. If owners
take such action, they shall be exempt from the requirement that such dogs wear
identifying tags at all times while off the premises, provided that the microchip
information has been registered with the office of animal services. Owners shall assume
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the risk of nonidentification of all microchipped, unrestrained dogs who are subsequently
impounded by animal services officers.
E. It is unlawful for any vendor of microchips to refuse to provide information to
the office of animal services as to the identification of the owner of an animal that has
been microchipped.
8.04.090. Dog license - Exemptions.
A. The provisions of Sections 8.04.070 and 8.04.080, or their successors, shall not
apply to:
1. Dogs properly licensed in another jurisdiction whose owners are nonresidents
temporarily (up to thirty days) within theCity. Licensed dogs whose owners remain
within the City longer than thirty days may transfer to the local license upon payment of a
fee as specified in Appendix A of this title, and proof of current rabies vaccination; or
2. Individual dogs within a properly licensed dog kennel or other such
establishment, when such dogs are held for resale.
B. The fee provisions of Section 8.04.070 shall not apply to:
1. Service dogs trained and certified to assist persons with a physical or mental
disability, or dogs in an official training program for such assistance; or
2. Dogs especially trained to assist officials of government agencies in the
performance of their duties and which are owned by such agencies.
C. Nothing in this section shall be construed so as to exempt any dog from having
a current rabies vaccination.
8.04.100. Dog license - Revocation procedures.
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If the owner of any dog is found to be in violation of this title on three or more
different occasions during any twelve-month period, the director of animal services may
seek a court order, pursuant to Section 8.04.220, or its successor, revoking for a period of
one year any dog license(s) such person may possess and providing for the animal
services office to pick up and impound any dog(s) kept by the person under such order.
Any dog impounded pursuant to such an order shall be dealt with in accordance with the
provisions of this title for impounded animals, except that the person under the order of
revocation shall not be allowed to redeem the dog under any circumstances.
8.04.110. Harboring stray animals prohibited.
It is unlawful for any person, except (1) an animal welfare society incorporated
within the state under- Section-76-9-302, Utah -Code Annotated,- 1953, as amended, or its
suss-sor; •or (2) a peace officer as provided under Section 77-24-1.5, Utah Code
Annotated 1953, or its successor, to harbor or to keep any lost or strayed animal.
Whenever any animal shall be found which appears to be lost or strayed, it shall be the
duty of the finder to notify animal services within twenty-four hours, and animal services
shall provide for the safe and humane custody of the animal.
8.04.120. Cats and rabbits- Number per residence.
No person or persons at any one residence within the city shall at any one time
own or keep more than two cats and two rabbits at any such residence.
8.04.130. Commercial and pet rescue permits - Required when - Application -
Issuance conditions.
A. 1. It is unlawful for any person to operate or maintain a kennel, cattery, pet
shop, groomery, riding stable, veterinary clinic or hospital or any similar establishment
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unless such person first obtains a regulatory permit from the office of animal services, in
addition to all other required licenses and permits.
2. All applications for permits to operate such establishments shall be
submitted, together with the required permit fee, on a printed form provided by the
animal services office to that office. Before the permit is issued, approval shall be granted
by the city -county health department, the appropriate zoning authority, any applicable
business licensing authority, and the animal services office.
B. A pet rescue permit for foster animals may be authorized for owners of dogs
and cats to keep no more than three dogs or cats in a residential area, provided:
1. Such animals are pending adoption from a local city or county operated animal
shelter or a section 501(c)(3), United States Internal Revenue Code, humane society
shelter; and
2. Such animals are awaiting adoption; and
3. Approval is granted by the appropriate zoning authority, city -county health
department, and office of animal services; and
4. Adequate confinement areas are provided; and
5. Other provisions of this title are complied with, and no animal or premises is
deemed to be a nuisance; and
6. The holder of a pet rescue permit assumes all responsibility for the animal
regarding licensing, care, liability and oversight.
C. Holders of a pet rescue permit shall be subject to all requirements and
regulations of this chapter pertaining to commercial establishments
8.04.140. Commercial permits - Exempt establishments.
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Research facilities where bona fide medical or related research is being
conducted, humane shelters, and other animal establishments operated by state or local
government, or which are licensed by federal law, and licensed veterinarian hospitals and
clinics, are excluded from the licensing requirements of this title.
8.04.150. Commercial and pet rescue permits - Fee schedule.
Fees for commercial operations (kennels, catteries, groomeries, pet shops,
veterinary clinics or hospitals) and pet rescue permits shall be as indicated in Appendix A
of this title.
8.04.160. Permit - Display - Change of status notification.
A. A valid permit shall be posted in a conspicuous place in each establishment,
and the permit shall be considered as appurtenant to the premises and not transferable to
another location.
B. The permittee shall notify the office of animal services within thirty days of
any change in this establishment or operation which may affect the status of his or her
permit. In the event of a change in ownership of the establishment, the permittee shall
notify the office of animal services immediately. Permits shall not be transferable from
one owner to another.
8.04.170. Commercial and pet rescue permits - Expiration and renewal.
Any permit issued pursuant to Sections 8.04.130 through 8.04.170 and Section
8.04.200, or their successors, shall automatically expire on the December 31st
immediately following the date of issue. Within two months prior to the expiration of the
permit, the permittee shall apply for a renewal of the permit and pay the required fee. Any
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application made after December 31st, except an application for a new establishment
opening subsequent to that date, shall be accompanied by a late application fee in
addition to the regular permit fee.
8.04.180. Permit - Suspension or revocation.
A. Grounds. A permit may be suspended or revoked or a permit application
rejected on any one or more of the following grounds:
1. Falsification of facts in a permit application;
2. Violation of any of the provisions of this title, or any other law or regulation
governing the establishment including health, noise, building and zoning ordinances;
3. Conviction on a charge of cruelty to animals.
B. Procedure. If an inspection of any establishment required to be permitted under
this title reveals a violation of this title, the inspector shall notify the permit holder or
operator of such violation by means of an inspection report form or other written notice.
The notification shall:
1. Set forth the specific violation(s) found;
2. Establish a specific and reasonable period of time for the correction of the
violation(s) found;
3. State that failure to comply with any notice issued in accordance with the
provisions of this title may result in immediate suspension of the permit;
4. State that an opportunity for appeal from any notice or inspection findings will
be provided if a written request for a hearing is filed with the office of animal services
within five days of the date of the notice. Compliance with the notice will be stayed
pending the decision from a request for hearing.
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C. Revocation or Suspension. Any permit granted under this title may be
suspended or revoked by the mayor or the mayor's designee for violations listed in
subsection A of this section. A minimum of five days' notice shall be given to the
permittee, advising him of the date and time for such hearing, and listing the cause or
causes for such suspension or revocation. No new permit shall be issued to any person
whose permit has been previously revoked except upon application for a new permit,
accompanied by the required application fee, and unless and until all requirements of this
title have been met.
D. Notice Procedure. Notice provided for under this section shall be deemed to
have been properly served when the original of the inspection report form or other notice
has been delivered personally to the permit holder or person in charge, or such notice has
been sent by certified mail to the last known address of the permit holder. A copy of such
notice shall be filed with the records of the office of animalservices.
8.04.190. Commercial establishments - Operation standards.
The mayor may adopt by reference rules and regulations governing the operation
of kennels, catteries, groomeries, pet shops, riding stables, and veterinary clinics or
structures, buildings, pens, cages, runways or yards required for the animal sought to be
kept, harbored or confined on such premises; the manner in which food, water and
sanitation facilities will be provided to such animals; measures relating to the health of
such animals, the control of noise and odors, and the protection of persons or property on
adjacent premises; and other such matters the mayor may deem necessary. Such rules and
regulations shall, upon publication of an adopting ordinance, have the effect of law, and a
22
violation of such rules and regulations shall be deemed a violation of this title and
grounds for revocation of a permit issued by the office of animal services.
8.04.200. Commercial establishments - Inspections.
All establishments required to be permitted under this title shall be subject to
periodic inspections, and the inspector shall make a report of such inspection with a copy
to be delivered to the establishment and filed with the animal services office
8.04.210. Commercial establishments - Emergency suspension of permit.
Notwithstanding the other provisions of this title, when the inspecting officer
finds unsanitary or other conditions in the operation of 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 holder or operator citing such condition and specifying the corrective action to
be taken. Such order shall state that the permit 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.
8.04.220. Court order procedures authorized when.
Unless modified by the court, court orders pursuant to Sections 8.04.100, 8.04.240
through 8.04.290 and Section 8.04.420 of this chapter, or their successors, shall be filed
according to the following minimum notice and procedure:
23
A. The director of the animal services office, or his or her authorized
representative shall petition the court for the desired action;
B. * * *
8.04.230. Bites - Report requirements.
A. Any person having knowledge of any individual or animal having been bitten
by an animal of a species subject to rabies shall report the incident immediately to the
office of animal services or to the Salt Lake City -County health department.
B. The owner of an animal that bites a person, and any person bitten by an animal,
shall report the bite to the office of animal services or the city -county health department
within twenty-four hours of the bite, regardless of whether or not the biting animal is of a
species subject to rabies.
C. A physician (or other medical personnel) who renders professional treatment to
a person bitten by an animal shall report the fact that such physician (or personnel) has
rendered professional treatment to the office of animal services or the city -county health
department within twenty-four hours of his or her first professional attendance. He or she
shall report the name, sex, phone number and address of the person bitten as well as the
type and location of the bite. If known, he or she shall give the name and address of the
owner of the animal that inflicted the bite, and any other facts that may assist the office of
animal services in ascertaining the immunization status of the animal.
D. Any person treating an animal bitten, injured or mauled by another animal
shall report the incident to the office of animal services. The report shall contain the
name, phone number and address of the owner of the wounded, injured or bitten animal,
24
the name, phone number and address of the owner and description of the animal which
caused the injury, and the location of the incident.
E. Any person not confoiiiiing with the requirements of this section shall be in
violation of this title.
8.04.240. Rabies control - Vaccination for dogs and cats.
A. The owner or person having the charge, care, custody and control of a four -
month of age or over cat or dog shall have such animal vaccinated for rabies. Any person
permitting any such animal to habitually be on or remain, or be lodged or fed within such
person's house, yard or premises shall be responsible for the vaccination. Unvaccinated
dogs or cats over four months of age acquired by the owner or moved into the City must
be vaccinated within thirty days of purchase or arrival.
B. Every dog and cat shall have a current rabies vaccination with a rabies vaccine
approved by the current Compendium of Animal Rabies Control as amended, published
by the National Association of State Public Health Veterinarians, Inc. This provision
shall not apply to veterinarians or kennel operators temporarily maintaining on their
premises animals owned by others.
8.04.250. Rabies control - Veterinarian duties - Certification and tag requirements.
A. It shall be the duty of each veterinarian, when vaccinating any animal for
rabies, to complete a certificate of rabies vaccination (in duplicate) which includes the
following information:
1. Owner's name and address;
2. Description of animal (breed, sex, markings, age, name);
3. Date of vaccination;
25
4. Rabies vaccination tag number;
5. Type of rabies vaccine administered;
6. Manufacturer's serial number of vaccine.
B. A copy of the certificate shall be distributed to the owner and the original
retained by the issuing veterinarian. The veterinarian and the owner shall retain their
copies of the certificate for the interval between vaccinations specified in Section
8.04.240, or its successor. Additionally, a metal or durable plastic rabies vaccination tag,
serially numbered, shall be securely attached to the collar or harness of the animal. An
animal not wearing such a tag shall be deemed to be unvaccinated, and may be
impounded and dealt with pursuant to this title.
8.04.260. Rabies control - Transient animals.
The provisions of Sections 8.04.240 through 8.04.290 or their successor sections,
with respect to vaccination, shall not apply to any animal owned by a person temporarily
remaining within the City for less than thirty days. Such animals shall be kept under
strict supervision of the owner. It is unlawful to bring any animal into the City which
does not comply with any applicable animal health laws and import regulations.
8.04.270. Rabies control - Reporting of rabid animals.
Any person having knowledge of the whereabouts of an animal known to have
been exposed to or suspected of having rabies, or of an animal or person bitten by such a
suspect animal, shall notify the office of animal services, the city -county health
department or the State Division of Health.
26
8.04.280. Biting or potentially rabid animals - Quarantine/Confinement or other
disposition.
A. Report Requirements. An animal that has rabies or suspected of having rabies,
or any animal bitten by another animal infected with rabies or by an animal suspected of
having rabies, shall be reported by the owner or person having information as set forth in
Section 8.04.270, or its successor, and shall immediately be confined in a secure place by
the owner. The owner shall turn over the animal to the office of animal services upon
demand.
B. Surrender of Animal. The owner of any animal of a species subject to rabies
which has bitten shall surrender the animal to any authorized official upon demand. Any
person authorized to enforce this title may enter upon private property to seize the animal;
if the owner refuses to surrender the animal, the officer shall immediately obtain a search
warrant authorizing seizure and impoundment of the animal.
C. 1. Seizure, Confinement or Quarantine. Any animal of a species subject to
rabies that bites a person or animal, or is suspected of having rabies, may be seized and
quarantined for observation as determined by the animal services director or designee. In
consultation with a veterinarian when deemed necessary by the director or designee, the
potentially rabid animal shall be quarantined or confined for observation in accordance
with the current Compendium of Animal Rabies Control, as amended, and with office
policy and procedure. The owner of the animal shall bear the cost of confinement. The
animal shelter shall be the normal place for quarantine, but other arrangements, including
confinement by the owner, may be made by the director of animal services and/or the
27
director of the health department if the animal had a current rabies vaccination at the time
the bite was inflicted or if there are other special circumstances justifying an exception.
2. A person who has custody of an animal under quarantine shall immediately
notify the office of animal services if the animal shows any signs of sickness or abnormal
behavior, or if the animal escapes confinement. It is unlawful for any person who has
custody of a quarantined animal to fail or refuse to allow a city -county health department
or animal services officer to make an inspection or examination during the period of
quarantine. If the animal dies within ten days from the date of bite, the person having
custody shall immediately notify the office of animal services or immediately remove and
deliver the head to the State Health Laboratory to be examined for rabies. If, at the end of
the quarantine period, the director of animal services, or his/her designee, examines the
animal and finds no sign of rabies, the animal may be released to the owner or, in the case
of a stray, it shall be disposed of as provided in Section 8.04.340, or its successor.
D. Unvaccinated Bitten Animals.
1. In the case of an unvaccinated animal species subject to rabies which is known
to have been bitten by, or otherwise exposed to a known rabid animal, such bitten or
exposed animal should be immediately euthanized. Animals with expired rabies
vaccinations of six months or more shall be considered unvaccinated for the purpose of
this section.
2. If the owner is unwilling to euthanize the bitten or exposed animal, the animal
shall be immediately isolated and quarantined for six months under veterinary
supervision, the cost of such confinement shall be paid in advance by the owner. The
28
animal shall be vaccinated one month before being released. The animal shall be
euthanized if the owner does not comply herewith.
E. Vaccinated Bitten Animals.
1. If the bitten or exposed animal has been vaccinated, the animal shall be
revaccinated within twenty-four hours, kept under home confinement, and observed for
forty-five days; or
2. If the animal is not revaccinated within twenty-four hours, the animal shall be
isolated and monitored according to the current Compendium of Animal Rabies Control,
as amended.
3. The animal shall be euthanized if the owner does not comply with subdivisions
1 and 2 of this subsection E.
F. Bitten Animals with Expired Vaccinations.
Animals with expired rabies vaccinations of six months or less shall be evaluated
on a case -by -case basis.
G. Removal of Quarantined Animals. It is unlawful for any person to remove any
such animal from the place of quarantine without written permission of the office of
animal services.
H. Vicious Animals. If any animal bites or attacks a person or animal two times or
more in a twelve-month period, such animal may be immediately impounded by the
office of animal services without court order and held at owner expense pending court
action. Any such animal shall be deemed a vicious animal, and the director of animal
services may seek a court order, as provided in Section 8.04.220, or its successor, for
29
destruction of the animal. Parties owning such animals shall, if possible, be notified
immediately of the animal's location by the animal services office.
8.04.290. Animals without rabies vaccination tag - Impoundment.
A. Any vaccinated animal impounded because of the lack of a rabies vaccination
tag may be reclaimed by its owner by furnishing proof of rabies vaccination and payment
of all impoundment fees prior to release.
B. Any unvaccinated animal may be reclaimed prior to disposal by payment of
impound fees and by the owner posting a $25 cash bond (deposit) with the office of
animal services, obligation of which is conditioned upon the owner's failure to obtain a
rabies vaccination for the animal within seventy-two hours of release. Upon proof of the
required vaccination, said bond shall be released or returned to the owner.
C. Any animal not reclaimed during the period shall be disposed of pursuant to
provisions of Section 8.04.340, or its successor.
8.04.300. Animal shelter - Premises and activities. * * *
8.04.310. Animal shelter - Hours.
The public facility of the animal services office shall be open to the public for
business from nine -thirty a.m. to at least five -thirty p.m. on all days other than Sundays
and legal holidays, and such hours shall be posted on the main entrance.
8.04.320. Impoundment - Authorized when.
The animal services director shall place all animals which he or she takes into
custody in a designated animal impound facility. The following animals may be taken
into custody by the animal services director or designee and impounded without the filing
of a complaint:
30
A. Any animal being kept or maintained contrary to the provisions of this title;
B. Any animal running at large contrary to the provisions of this title;
C. Any animal which is by this title required to be licensed and is not licensed. An
animal not wearing a tag shall be presumed to be unlicensed for purposes of this section;
D. Sick or injured animals whose owner cannot be located, or whose owner
requests impoundment and agrees to pay a reasonable fee for the services rendered;
E. Any abandoned animal;
F. Animals which are not vaccinated for rabies in accordance with the
requirements of this title;
G. Any animal to be held for quarantine;
H. Any vicious animal not properly confined as required by Section 8.04.420 of
this chapter, or its successor.
8.04.330. Impoundment - Recordkeeping requirements.
The impounding facility shall keep a record of each animal impounded, which
includes the following information:
A. Complete description of the animal, including tag numbers and other forms of
identification;
B. The manner and date of impound;
C. The location of the pickup and name of the officer picking up the animal;
D. The manner and date of disposal;
E. The name and address of the redeemer or purchaser;
F. The name and address of any person relinquishing an animal to the impound
facility;
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G. All fees received;
H. All expenses accruing during impoundment.
8.04.340. Impoundment - Holding period - Notice to owner - Disposition of animals.
A. * * *
B. 1. All dogs and cats, except for those quarantined or confined by court order,
held longer than the minimum impound period, and all dogs and cats voluntarily
relinquished to the impound facility, may be euthanized or sold, as the animal services
director shall direct. Any healthy dog or cat may be sold to any person or to any
institution engaged in scientific research and desiring to purchase such animal for a price
to be determined by the director, but not to exceed thirty dollars per animal, plus license
and rabies vaccination is required.
2. All persons purchasing any dog or cat from the impound facility shall, at the
time of purchase, execute an agreement on fonds provided by the impound facility. Such
agreement shall provide that the purchaser will have the dog or cat so purchased spayed
or neutered within one hundred eighty days of the date of purchase of such dog or cat,
and that the purchaser will file with the animal services director written verification from
a licensed veterinarian that such dog or cat has been spayed or neutered prior to the date
of written verification. The agreement shall also provide that sale or transfer of the
purchased dog or cat by the purchaser shall not release the purchaser from the obligation
to have the animal spayed or neutered, nor from the obligation to file the written
verification, as provided hereinabove. In lieu of the aforementioned written verification
from a licensed veterinarian, the purchaser may file a truthful affidavit with the animal
services director within one hundred eighty days of the date of purchase certifying that
32
the dog or cat so purchased from the impound facility has died prior to the one -hundred -
eighty -day deadline, and prior to being spayed or neutered.
3.***
C. Any licensed animal impounded and having or suspected of having serious
physical injury or contagious disease requiring medical attention may, in the discretion of
the animal services director or designee, be released to the care of a veterinarian with the
consent of the owner.
D. When, in the judgment of the animal services director, it is determined that an
animal should be euthanized for humane reasons or to protect the public from imminent
danger to persons or property, such animal may be euthanized without regard to any time
limitations otherwise established herein, and without court order.
E. The director of animal services may euthanize an animal upon the request of an
owner without transporting the animal to animal services facilities. An appropriate fee
shall be charged the owner for the euthanasia and any subsequent disposal of the carcass
done by the office of animal services.
8.04.350. Impoundment - Redemption conditions.
A. The owner of any impounded animal, or such owner's authorized
representative, may redeem such animal before disposition, provided he or she pays the
fees and charges as listed below, according to the amounts in Appendix A of this title:
1. The impound fee;
2. The daily board charge;
3. Veterinary costs incurred during the impound period, including rabies
vaccination;
33
4. License fee, if required;
5. A transportation fee if transportation of an impounded animal by specialized
equipment was required. This fee shall be determined by the director of animal services at
a level which approximated the cost of utilizing the specialized equipment in the
particular situation;
6. Any other expenses incurred to impound an animal in accordance with state or
local laws;
7. Any unpaid or past due animal services fees and fines incurred by the owner.
B. Removal of Dead Animals. The following service charge shall be levied for
removal of dead animals from an owner's property; no fee shall be charged for dead
animals brought to the animal shelter provided the owner resides within the City:
1. Dogs, licensed: no fee;
2. Dogs (unlicensed), all cats, small domestic animals, small livestock, and all
other small privately owned animals, twenty-five dollars;
3. Large livestock, and all other large, privately owned animals: The owner shall
arrange removal by a private dead -animal hauler.
C. No impound fee will be charged the reporting owners of suspected rabid
animals if the owners comply with Sections 8.04.240 through 8.04.290 of this chapter, or
successor sections.
8.04.352. Impound fees for voluntary relinquishment by owner.
Whenever any dog or cat is voluntarily relinquished by the owner thereof to the
animal services facility for destruction or other disposition as provided by Section
8.04.340 A of this chapter, or its successor section, a fee shall be paid by such owner of
34
twenty-five dollars for each dog or cat and/or for each litter under four months of age of
dogs or cats so relinquished.
8.04.360 Dogs -Prohibited where. * * *
8.04.370. Animal nuisances designated - Penalty.
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 vicious animal, as defined in this chapter, and kept contrary to Section
8.04.420, or its successor;
3. Causes unreasonable fouling of the air by odors;
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;
35
9. Is found at large three or more times within any twelve month period;
10. 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
11. Otherwise acts so as to constitute a nuisance or public nuisance under the
provisions of Chapter 10, Title 76, Utah Code Annotated, 1953, or its successor.
8.04.380. Female dogs in heat. * * *
8.04.390. Animals running at large. * * *
8.04.400. Dogs on chains on unenclosed premises. * * *
8.04.410. Dogs attacking persons and animals. * * *
8.04.420. Fierce, dangerous or vicious animals.
It is unlawful for the owner of any fierce, dangerous or vicious animal to permit
such animal to go or be off the premises of the owner unless such animal is under
restraint and properly muzzled so as to prevent it from injuring any person or property.
Every animal so vicious and dangerous that it cannot be controlled by reasonable
restraints, and every dangerous and vicious animal not effectively controlled by its owner
or person having charge, care or control of such animal, so that it shall not injure any
person or property, is a hazard to public safety, and the director of animal services shall
seek a court order pursuant to Section 8.04.220, or its successor, for destruction of or
muzzling of the animal.
8.04.430. Wild animals. * * *
8.04.440. Baby rabbits, fowl and pet turtles - Restrictions. * * *
8.04.450. Animals injured by motorists - Responses required.
36
A. Every operator of a motor or other self-propelled vehicle upon the streets of the
City shall, immediately upon injuring, striking, maiming or running down any domestic
animal, give such aid as can reasonably be rendered. In the absence of the owner, he or
she shall immediately notify the office of animal services, furnishing requested facts
relative to such injury.
B. It shall be the duty of such operator to remain at or near the scene until such
time as the appropriate authorities arrive, and upon the arrival of such authorities, the
operator shall immediately identify himself to such authorities. Alternatively, in the
absence of the owner, a person may give aid by taking the animal to the animal services
facility or other appropriate facility and notifying the office of animal services. Such
animal may be taken in by the animal services facility and dealt with as deemed
appropriate under the circumstances.
C. Emergency vehicles are exempted from the requirements of subsection B of
this section.
8.04.460. Using animals for fighting - Unlawful activities.
A. * * *
B. Law enforcement officers or animal services officials may enter any building
or place where there is an exhibition of the fighting or baiting of a live animal, or where
preparations are being made for such an exhibition, and the law enforcement officers may
arrest persons there present and take possession of all animals engaged in fighting or
there found for the purposes of fighting, along with all implements or applications used in
such exhibition. This provision shall not be interpreted to authorize a search or arrest
without a warrant when such is required by law.
37
8.04.470. Cruelty to animals prohibited.
A * * *
B. * * *
C. * * *
D. * * *
E. * * *
F. * * *
G. * * *
H. * * *
I. Abandoned, Diseased or Painfully Crippled Animals.
1. It is unlawful for any person to abandon or turn out at large any sick, diseased
or disabled animal, but such animal shall, when rendered worthless by reason of sickness
or other disability, be killed in a humane manner by the owner thereof and disposed of as
instructed after contacting the office of animal services.
2. It is further unlawful for the owner or person having the charge, care, custody
and control of such animal infected with dangerous or incurable and/or painfully
crippling condition to have, keep or harbor such animal without placing the same under
veterinary care, or to dispose of the same. The failure to take such care is a violation of
this title, and the office of animal services may take custody of such animals and deal
with them as deemed appropriate under the circumstances.
8.04.480. Spring -loaded traps - Prohibited. * * *
8.04.490. Spring -loaded traps - Exception. * * *
8.04.500. Violation - Penalty. * * *
38
39
Appendix A
SALT LAKE CITY ANIMAL SERVICES
PERMITS AND FEES
A. PERMIT FEES
Commercial operations up to 30 animals
Commercial operations over 30 animals
Riding stables
Business selling only tropical or freshwater fish
Pet rescue permit
If issued at shelter's request
Late fee (in addition to regular fee)
B. PET LICENSE FEES
Unsterilized
Sterilized
Senior citizen (age 60 and older) -
Unsterilized
Senior citizen (age 60 and older) -
Sterilized
Transfer fee $3.00
Replacement tag $3.00
1 Year
$25.00
$5.00
$20.00
C. SERVICE AND VIOLATION FEES FOR PETS
Board fees per day for pets
Adoption fee (includes microchip and adoption packet)
Sterilization Deposit:
Dog
Cat
Rabies Deposit
Notice of Violation Fee (per violation)
2 Year
$45.00
$9.00
$36.00
Where indicated, fees for 2nd, 3rd, and subsequent violations are
within a 12-month period
Impound Fees
Minimum Citation Penalties
Licensing, Rabies Vaccination, At Large
1$` Offense
$25.00
$25.00
$75.00
$150.00
$40.00
$50.00
$25.00
$0.00
$25.00
3 Year Lifetime
$60.00 N/A
$12.00 N/A
$48.00 N/A
$8.00
$25.00
$50.00
$25.00
$25.00
$25.00
for those occurring
2"d Offense
$50.00
$15.00
3rd Offense Subsequent
$100.00 $200.00
$50.00 $100.00
40
Animal Nuisance
Animal Attacks and Bites
Fierce, Dangerous or Vicious Animals
D. SERVICE FEES FOR LIVESTOCK
Impound fees:
Large livestock
Small livestock
Board fees per day:
Large livestock
Small livestock
Transportation fees
$50.00 $100.00 $200.00
$100.00 $200.00
$300.00
$60.00
$30.00
$10.00
$8.00
$20.00
Purchase price for unclaimed livestock is based on costs incurred by Animal
Services during impound and recommendations made by the State Brand
Inspector.
41
SECTION 7. That Title 8, Chapter 5 of the Salt Lake City Code, relating to
regulation and control of vicious dogs be, and the same hereby is, amended to read as
follows:
Chapter 8.05. REGULATION AND CONTROL OF VICIOUS DOGS
8.05.010. Regulation of vicious dogs.
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:
A. The owner or keeper shall present to the office of animal services proof that the
owner or keeper has procured liability insurance in the amount of at least twenty-five
thousand dollars, covering any damage or injury which may be caused by such vicious
dog during the twelve-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.
B. The animal services director may issue regulations requiring the owner or
keeper, at his or her 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 office of animal services may designate the particular
location of the tattoo. The number shall be noted on the city licensing files for such
42
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.
C. * * *
D. The owner or keeper shall sign a statement attesting that:
1. * * *
2. * * *
3. The owner or keeper shall notify the office of animal services 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 been given away, the owner or
keeper shall notify the office of animal services by the end of the next business day and
shall also provide the office of animal services with the name, address and telephone
number of the new owner of the vicious dog.
E. The owner or keeper shall at all times cause the vicious dog to wear a collar of
a color and type provided by the office of animal services so that the dog is readily
identifiable as a vicious dog.
F. * * *
8.05.020. Control of vicious dog. * * *
8.05.030. Offending vicious dogs.
A. * * *
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
43
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 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 office of animal services or police department is hereby empowered to
impound the vicious dog.
8.05.040. Penalties for violation.
A. Any vicious dog:
1. * * *
2. * * *
6. Which is not tattooed, should the animal services director issue such regulation:
shall be impounded by an animal services officer or police officer, and the owner
or keeper shall be 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, wound or worry or assist in killing or wounding or
worrying any animal, the animal services office or police department is empowered to
impound and, after the expiration of a five-day appeal period, exclusive of weekends and
holidays, shall euthanize the vicious dog. Appeals shall be made, in writing, to the
director of animal services and shall be made pursuant to Section 8.05.050, or its
successor, of this code.
44
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 Office of Animal Services or Police Department is empowered to
impound and, after the expiration of a 5-day appeal period, exclusive of weekends and
holidays, shall euthanize the vicious dog. Appeals shall be made, in writing, to the
Director of Animal Services and shall be made pursuant to Section 8.05.050 of this code.
8.05.050. Determination, seizure, impoundment and disposition of vicious dogs.
A. The director of animal services, 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 services 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 matter shall be conducted by the director of
animal services or the designee. The person owning, keeping, sheltering or harboring the
dog in question shall be given not less than seventy-two 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 euthanized. 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 services director or the designee determines
that a dog is vicious, as defined in this chapter, the director of animal services or his or
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her 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 euthanized 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 days of its issuance, the director of animal
services 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 days from the date the order is
served upon the owner or keeper. If, at the end of the impoundment period, the person
against whom the order of the director of animal services or his or her designee was
issued has not appealed such order, the director of animal services or the designee shall
cause the dog to be euthanized.
C. The order to register, remove or euthanize a vicious dog issued by the director
of animal services or his or her designee may be appealed to the mayor or the mayor's
designee. In order to appeal the order, written notice of appeal must be filed with the
mayor within three days after receipt of the order to remove, register or euthanize 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 services or his or her 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 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 services or
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his or her designee. Such determination shall be contained in a written decision and shall
be made within three days after the hearing, or any continued session thereof.
E. If the mayor affirms the action of the director of animal services or his or her
designee, the mayor or the mayor's designee shall order in his or her written decision that
the person owning, sheltering, 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
euthanized 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 euthanize. If the order of the mayor, after appeal, is not complied with within
three days of its issuance, the office of animal services is authorized to seize and impound
such vicious dog. Any dog so seized shall be impounded for a period of seven 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
the order, the animal services office shall cause the dog to be euthanized in a humane
manner.
F. Failure to comply with an order of the director of animal services or his or her
designee issued pursuant hereto and not appealed, or of the mayor after appeal, shall
constitute a Class B misdemeanor.
G. * * *
H. * * *
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SECTION 8. That Chapter 8.08, Salt Lake City Code, relating to keeping
animals, livestock and poultry be, and the same hereby is, amended to read as follows:
8.08.010. Domestic fowl and livestock - Permit required.
It is unlawful for any person to keep within the City any chickens, turkeys, ducks,
geese, pigeons or other similar domestic fowl, or any sheep, goats, cows, calves, pigs,
horses, jacks, jennies, foxes, more than two rabbits, or other similar animals, without first
making application for and obtaining a permit from the office of animal services to do
so. The fee for a domestic fowl and livestock permit shall be forty dollars each year.
Section 8.08.020 Permit -Issuance conditions -Number of animals -Department
powers.
The Salt Lake City -County health department is empowered to make rules and
regulations governing the keeping of such domestic fowl and animals, as may be required
to protect the health and welfare of the citizens of the City; provided, that in no case shall
such a permit be issued by the office of animal services or the sanitary division of the
city -county health department to keep any mink or snake, nor except as provided in
Section 8.08.030 of this chapter, or its successor, to keep more than the following number
of domestic fowls: Twenty-five chickens, twenty-five ducks, twenty-five turkeys, twenty-
five pigeons, or twenty-five other similar domestic fowl; or to keep more than the
following number of animals: Two sheep, two goats, one cow, one calf, one pig, two
horses, two jacks, two jennies, one fox, ten rabbits, or other similar animals.
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8.08.030 Keeping additional animals -License required -Fee.
Any person who desires to keep for commercial purposes in excess of the number
of any of the domestic fowl or various animals mentioned heretofore and not prohibited
shall make application to the director of animal services for a license so to do. The
license fee shall be fifteen dollars each year, and the license application shall, before the
issuance of such license, be referred to the city -county health department for approval and
the issuance of a commercial permit. Such approval and permit shall be limited to
applicants who shall comply with special rules and regulations to be promulgated by the
sanitary division of the city -county health department governing the keeping of such
domestic fowl or animals for commercial purposes.
8.08.040 Sanitary conditions. * * *
8.08.050 Permit -Revocation conditions -Appeals.
The above -mentioned permits are subject to revocation at any time by the office
of animal services or the sanitary division of the city -county health department. Any
permittee may, within five days from date of revocation of this permit, appeal to the
mayor, who may, after a hearing, confirm such revocation or reinstate the permit.
8.08.060 Housing and feeding of animals -Location restrictions. * * *
8.08.070 Poultry coops and runways -Sanitation. * * *
8.08.080 Trespass by fowl or domestic animals. * * *
8.08.090 Docking horses' tails prohibited.
It is unlawful for any person to cut or assist in cutting, within the limits of the
City, the bone of the tail of any horse for the purpose of docking the tail, or for any
person to cause or knowingly permit the same to be done upon the premises of which he
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is the owner, lessee, proprietor or user, within the City ; and if a horse is found with its
tail so cut, and with the wound resulting from such cutting unhealed, upon the premises
of any person in the City , such fact shall be prima facie evidence that the person who
occupies or has the use of the premises upon which the horse is so found has committed
such offense, and if a horse is found with its tail so cut, and the wound resulting from
such cutting unhealed, in the charge or custody of any person in the City, such fact shall
be prima facie evidence that the person having charge or custody of such horse has
committed such offense.
8.08.100 Animals on street more than five hours.
It is unlawful for the owner or person having charge, care, custody or control of
any animal, to allow the same to remain standing, fastened or otherwise, on any of the
streets of the City for a period longer than five hours of any one day.
8.08.110 Driving livestock through streets -Conditions.
It is unlawful for any person to drive any drove of cattle, goats, sheep, horses,
hogs or other animals over or upon any of the public streets of the City ; provided,
however, this provision shall not apply to the highways set aside for that purpose by the
mayor.
SECTION 9. That Chapter 8.12, Salt Lake City Code, relating to estrays be, and
the same hereby is, amended to read as follows:
Chapter 8.12. ESTRAYS
8.12.010. Impounding and disposal of estrays generally.
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It is made the duty of the director of animal services to take into his/her
possession and impound all estrays running at large, and to dispose of the same as
hereinafter provided. Whenever the word "estray" appears in this chapter, it is defined to
mean any valuable animal, except dogs or cats, not wild, found wandering from its
owner.
8.12.020. Notice of sale of estrays.
Within three days after an estray shall come into the possession of the director of
animal services , the director shall advertise the same in a newspaper published in the
county, having general circulation in the county, by publishing a notice in at least one
issue of said paper, at least five days before the sale, and by posting notices for a period
of ten days in three public places in the city, one of which places shall be at or near the
post office. The director shall immediately deliver a copy of such notice to the county
clerk, or mail the same to him/her by registered letter. The notice so filed with the clerk
shall be available during reasonable hours for inspection by the public free of charge. The
notice herein provided for shall contain a description of the animals, including all makes
and brands, when taken, the day, hour, and place of sale, and may be substantially in the
following form.
NOTICE
State of Utah, County of Salt Lake,
In Salt Lake City,
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I have in my possession the following described estray animals, which, if not claimed and
taken away, will be sold at public auction to the highest cash bidder at the Animal Shelter
in Salt Lake City on , the day of , 19_, at the hour of
(description of animals)
Said estrays were taken up by me in said city on the day of
, 19 .
Director, Animal Services
8.12.030. Return to owner on payment of costs - Sale.
If at any time before the sale of any estrays, such animals shall be claimed and
proved to be the property of any person, the animal services director shall deliver them to
the owner upon receiving from the owner the cost of impounding, keeping and
advertising the same. If the animals are not so claimed and taken away, the director shall,
at the time and place mentioned in the notice, proceed to sell the same, one at a time, to
the highest cash bidder, and shall execute and deliver a bill of sale transferring said
animals to the purchaser or purchasers thereof, which bill of sale shall be substantially in
the following form:
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I hereby certify that in pursuance of the law regulating the disposal of estrays and
trespassing animals, I have this day sold to for the sum of
, he/she being the highest bidder, head of , described
as follows, to wit:
(description of animals)
Witness my hand this day of , 19.
Director, Animal Services
The director shall immediately file a copy of such bill of sale with the county clerk or
forward the same to him/her by registered mail. The copy so filed with the clerk shall be
preserved for a period of two years and shall be open to inspection during all reasonable
hours without charge. Such bill of sale shall transfer and vest in such purchaser the full
title to the animals thus sold.
8.12.040. Record of estrays.
The director of animal services shall keep an accurate record of all estrays
received by him/her, their age, color, sex, marks, and brands, the time and place of taking
and the expense of keeping and selling the same, all animals claimed and taken away, all
animals sold and to whom sold and the amount paid, all moneys paid to owners after sale,
all moneys paid into the city treasury, and all other matters necessary to a compliance
with the provisions of this chapter. The mayor shall provide the director with a suitable
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book, in which shall be entered the records required by law to be kept by the director.
Such records shall be open to the inspection of the public at all reasonable hours, and
shall be deposited by the director with his/her successor in office. 8.12.050. Trespassing
animals - Damaging - Impounding. * * *
8.12.060. Appraisement of damages.
The owner or occupant of any property may distrain any or all of said animals
trespassing or doing damage thereon. He/she shall, within twenty-four hours thereafter,
deliver said animals to the director of animal services, together with a certificate of the
appraisement of the damage done by such animals. Such appraisement must be made by a
qualified disinterested person of adult 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
animals, if known, and if not known, it must state that fact, together with a description of
the animals, including all visible marks and brands. If the animals appear to be owned by
different parties, a separate appraisement and a separate certificate thereof shall be made
of the damage done by the lot or group of animals which appear to belong to each of the
different owners. In such cases, the owners shall be notified separately, and each lot or
group of animals shall be advertised and sold separately in the same manner as though the
damage had been done by different animals at different times.
8.12.070. Owner to be notified. * * *
8.12.080. Failure to notify waives damages.
If the party distraining any animals shall fail to deliver them or the certificate of
appraisement to the director of animal services within twenty-four hours, or shall fail to
deliver to the owners of the animals, if known, a copy of the certificate of appraisement
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within forty-eight hours after he/she receives the same, or to deposit the same in the post
office as herein provided, said party shall not be entitled to recover damages under the
provisions of this chapter.
8.12.090. Where owner unknown - Duty of director of animal services.
Whenever any animals are delivered to the director of animal services, and the
certificate of appraisement is filed with him/her as herein provided and such certificate
states that the owner is unknown, the director of animal services shall immediately
examine all brand books or brand sheets in his/her possession, and if the owner be
ascertained thereby, or if the owner be already known to the director of animal services,
the director shall, if the owner lives within ten miles, immediately deliver a copy of such
certificate of appraisement to such owner or leave the same at the owner's residence if
he/she cannot be found; if the owner lives more than ten miles away, the director of
animal services may, at his/her option, deliver such copy personally to the owner or
deposit the same in the nearest post office in a registered letter addressed to such owner.
The director shall, however, serve a copy in one of the ways provided herein; provided,
that whenever personal service of a copy of any paper is required by this chapter, service
by agent shall be deemed sufficient.
8.12.100. Notice of sale of distrained animals.
As soon as such animals are delivered to the director of animal services, the
director shall immediately proceed to advertise the same as hereinafter provided, except
when the owner is known and has been notified, in which case he/she shall hold said
animals forty-eight hours before advertising the same. The director shall advertise in a
newspaper published in the county, having general circulation in the county, by
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publishing a notice in at least one issue of said paper, and by posting notices in three of
the most public places in the city, one of which shall be at or near the post office, and
shall deliver a copy of the same to the county clerk, or send the same by officer or by
registered mail. The clerk shall preserve such notice and post a copy thereof. The notice
herein provided for shall state the time when the damage was done and the amount
thereof, the name of the party damaged, a description of the animals, including all visible
marks and brands, and the day, hour, and place at which such animals will be sold, which
shall be not less than ten or more than twenty days from the time of posting such notice;
said notices may be substantially in the following form:
SALE OF ANIMALS FOR DAMAGES
State of Utah, County of Salt Lake,
In the City of Salt Lake.
I have in my possession the following described animals, which, if not claimed
and taken away, will be sold at public auction to the highest cash bidder at the animal
shelter in Salt Lake City, on the day of , 19 .
Animal Services Director
8.12.110. Owner may pay and take animals - Disputed appraisal. * * *
8.12.120. Sale - Bill of sale.
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If such animals are not claimed and taken away by the owner, the director of
animal services shall, at the time and place set forth in the notice of sale, proceed to sell
such animals, one at a time, to the highest cash bidder. If the owner of any lot of animals
to be sold is known, the director of animal services shall sell only enough of said animals
to pay the damages and costs, and the remainder may be turned over to the owner at any
time thereafter; but if the owner be not known, the director of animal services shall
proceed to sell all of said animals so advertised for sale. The director shall execute and
deliver a bill of sale therefor, and file a copy with the county clerk as hereinbefore
provided. Said copies shall be preserved for a period of two years and shall be open for
inspection at all reasonable hours, free of charge.
8.12.130. Record of trespassing animals.
The director of animal services shall keep an accurate record of all trespassing
animals received by him/her, which shall contain all the items required by this title,
together with the names of the injured party and the owner of the animals, the amount of
the 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 without
charge. 8.12.140. Unlawful sales. * * *
8.12.150. Retaking animals unlawfully. * * *
8.12.160. Animal shelter.
The director of animal services shall furnish suitable premises to be used as the
animal shelter, and it shall be the duty of the director of animal services to take charge of
the premises, which shall be designated as the animal shelter and keep said premises in a
clean and orderly condition. It shall be said director's duty to receive and care for all
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animals committed to his/her charge; to examine records, marks and brands; and to
exercise diligence in locating the owners of such animals and to notify them if found.
8.12.170. Bill of damage.
The director of animal services shall receive and file all bills of damage duly
presented, and enter the amounts in his/her books, which shall be open to the inspection
of the public. The director shall not deliver any animal to the owner until all costs and
damages are paid.
8.12.180. Proceeds of sale. * * *
8.12.190. Advertising bills.
All bills for advertising shall be certified to by the director of animal services, and
if correct, shall be ordered paid by the city.
8.12.200. Animals at large. * * *
8.12.210. Detention of animals.
It is unlawful for any person other than the director of animal services to take up
an animal of another, under the provisions of this chapter, and retain it more than
eighteen hours.
8.12.220. Malicious impounding. * * *
8.12.230. Fees.
The director of animal services shall collect and retain the fees as described in
Appendix A of chapter 8.04 for his/her services regarding impound, board, and
transportation for livestock.
8.12.240. Monthly statement.
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It shall be the duty of the director of animal services to make monthly, a statement
of the business transacted by him/her in connection with the animal shelter, showing in
detail all animals received, sold, advertised or handled by such director, together with a
detailed statement of all moneys expended and received.
8.12.250. Responsibility for fencing. * * *
SECTION 10. Effective Date. This Ordinance shall take effect immediately upon
its first publication.
Passed by the City Council of Salt Lake City, Utah, this 6day of
L , 1999.
ATTEST AND COUNTERSIGN:
HIEF DEPUTY C R L CORDER
Transmitted to the Mayor on
dal, 6 1999
VC Approved. �" Vetoed.
F DEPUT T RE ORDER
MAYOR
Date
By
APPROVED AS TO FORM
Salt Lake �ity Attorneys OftiCe
59
(SEAL)
Bill No.
Published:
of 1999.
L+it IS)1`9),
G \Ordioa99\Animal control amendments - Title 8 - Apr 9, 1999 clean
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