008 of 2015 - Amending certain ordinances governing animal control procedures & enforcement (Chapter 8.04, 8.06) 0 15-1
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SALT LAKE CITY ORDINANCE
No. 8 of 2015
(Amending certain ordinances governing animal control procedures and enforcement processes.)
AN ORDINANCE AMENDING SECTIONS 8.04.070, 8.04.390, AND 8.06.050, OF
THE SALT LAKE CITY CODE; WHILE ALSO AMENDING CHAPTER 8.15 OF THE SALT
LAKE CITY CODE; IN ORDER TO MODIFY THE CITY'S ANIMAL CONTROL
PROCEDURES AND ENFORCEMENT PROCESSES.
WHEREAS, it is proposed that Sections 8.04.070, 8.04.390, and 8.06.050 of the Salt
Lake City Code be amended; and that Chapter 8.15 of the Salt Lake City Code be likewise
amended; in order to modify Salt Lake City Corporation ("City") animal control procedures and
enforcement processes; and
WHEREAS, the City Council finds adoption of this ordinance reasonably furthers the
health, safety, and general welfare of the citizens of Salt Lake City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah as
follows:
SECTION 1. Section 8.04.070 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
8.04.070: DOG AND CAT LICENSE; REQUIRED WHEN; APPLICATION AND FEES:
A. Required: All dogs and cats shall be licensed each year, except as otherwise provided
herein, to a person of the age of eighteen (18) years or older. However, no license shall be
required for cats maintained within a feral cat colony.
B. Deadline: Any person owning, possessing or harboring any dog or cat shall obtain a
license for such animal within thirty (30) days after the animal reaches the age of four (4)
months, or, in the case of a dog or cat over four (4) months of age, or in the case of a new
city resident, within thirty (30) days of the acquisition of the animal or the commencement of
residency. However, if an animal is fostered pursuant to a pet rescue permit and is held
pending adoption, then the time period in which the pet rescue permit holder must obtain a
license for such animal will be expanded from thirty (30) days to ninety (90) days. The
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animal services director may waive late fees or extend licensing deadlines in individual
cases, as appropriate.
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 (6)
months beyond the date of application. A license shall not be issued for a period that exceeds
the expiration date of the rabies vaccination. 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 Salt Lake City Consolidated Fee
Schedule. Penalties for failing to properly license dogs and cats shall be as set
forth in the penalty schedule in section 8.15.027 of this chapter.
2. No dog or cat 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. Dog and Cat Limits: There is no limitation on the numbers of dogs and cats that can
be owned by a resident, provided that all dogs and cats are properly licensed and cared for.
Dog and cat owners must abide by all applicable sections of this title including, but not
limited to, licensing, proper care and maintenance, medical attention, and animal cruelty.
Owners are required to prevent their animals from causing, and shall abate, any nuisances
caused by animals including, but not limited to, noise and odor.
G. Senior Citizen Provisions: In lieu of the annual license fees provided above, a person sixty
(60) years of age or older on the date of license application may, upon proof of age, obtain a
dog or cat license for an unsterilized dog or cat for a reduced fee as specified in the City's
consolidated fee schedule. A person sixty (60) years of age or older may obtain a license for
the life of a spayed or neutered dog or cat for a onetime nontransferable fee as specified in
the Salt Lake City Consolidated Fee Schedule, 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, 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.
SECTION 2. Section 8.04.390 of the Salt Lake City Code shall be, and hereby is,
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amended to read as follows:
8.04.390: ANIMALS RUNNING AT LARGE:
A. With the exception set forth in subsection B of this section, it is unlawful for the owner or
person having charge, care, custody, or control of any animal to allow such animal at any
time to run at large. The owner or person charged with responsibility for an animal found
running at large shall be strictly liable for a violation of this section, regardless of the
precautions taken to prevent the escape of the animal and regardless of whether or not such
owner or person knows that the animal is running at large. Any violation of this section shall
constitute either a civil violation or a class B misdemeanor pursuant to the criteria set forth in
sections 8.15.020, 8.15.025, and 8.15.027 of this title.
B. 1. Dogs shall be permitted to run off leash only in areas of parks and public
spaces specifically authorized by city ordinance, specifically designated by the
director of public services as "off leash areas", and clearly identified by
signage as such. Said areas shall be as follows:
a. Designated areas of Memory Grove Park known as the Freedom Trail
section;
b. The municipal ballpark, also known as Herman Franks Park, except for
the fenced youth baseball diamonds and playground area;
c. Designated areas of Jordan Park;
d. Designated areas of Lindsey Gardens;
e. Designated areas of Parley's Historic Nature Park, as set forth in title 15,
chapter 15.10 of this code, or its successor;
f. Designated areas of Pioneer Park; and
g. Designated areas of Cottonwood Park.
2. While in such areas dogs shall at all times remain under control of the dog's
owner or custodian. "Under control" means that a dog will respond on
command to its owner or custodian.
C. The foregoing notwithstanding, the public services department may conduct additional
experiments in other areas of the city for possible future legislative enactment establishing
such areas as "off leash areas", provided such experiments are conducted in accordance with
the guidelines approved by the city council in its resolution 52 of 2004.
SECTION 3. Section 8.06.050 of the Salt Lake City Code shall be, and hereby is,
amended to read as follows:
8.06.050: ENFORCEMENT AND PENALTIES:
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A. Penalties for failing to obtain a dog breeder's license shall be as set forth in sections
8.15.020, 8.15.025, and 8.15.027 of this title.
B. In enforcing this chapter, the office of animal services may:
1. Issue an order or probation;
2. Issue a cease and desist order;
3. Suspend or revoke a license; or
4. Seek other injunctive relief as may be necessary to enforce this chapter and its
regulations, including impounding and seizing dogs where the office of animal services
determines there is significant threat to the health or safety of the dogs harbored or owned
by the licensee. Costs incurred for the care of animals impounded or seized under this
section shall be recoverable from the owner of the animal who is found to have violated
provisions of this chapter.
C. Each act committed against an individual animal in violation of this chapter or office of
animal services regulations, and each day during which a violation continues, shall constitute
a separate offense for purposes of this section.
D. A failure to comply with this chapter shall constitute either a civil violation or a class B
misdemeanor subject to enforcement pursuant to the criteria in sections 8.15.020, 8.15.025,
and 8.15.027 of this title. The attorney's office may bring an action to collect unpaid license
fees and/or unpaid civil penalties.
E. It shall be a violation of this chapter for any person to:
1. Deny access to any inspector or offer any resistance to, thwart, or hinder an
inspector by misrepresentation or concealment;
2. Interfere with, threaten, verbally or physically abuse, or harass any inspector in the
course of carrying out inspection duties;
3. Fail to disclose all dog housing locations owned or controlled by a licensee; or
4. Violate an injunction order or order of compliance issued pursuant to this section.
E. Proceedings undertaken under this section shall not preclude the office of animal services
from seeking other civil or criminal actions. This section does not prohibit the office of
animal services from assisting a law enforcement agency in a criminal investigation. Nothing
in this section shall be construed to prohibit prosecution under state statute or city ordinance.
SECTION 4. Chapter 8.15 shall be, and hereby is, amended as follows:
CHAPTER 8.15
ENFORCEMENT
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8.15.010 VIOLATION OF TITLE—PENALTIES
8.15.020 ISSUANCE OF MISDEMEANOR CITATIONS, CIVIL NOTICES
OF VIOLATION, AND WARNINGS
8.15.025 NOTICE OF VIOLATIONS
8.15.027 CODE VIOLATION PENALTIES
8.15.030 VIOLATION — PROCEDURE FOR COURT ORDERS
8.15.040 PICK UP ORDERS
8.15.050 REPEATED VICIOUS ANIMAL VIOLATIONS - OWNER DEBARMENT
8.15.060 SEIZURE AND DISPOSITION—VICIOUS ANIMALS
8.15.070 PERMIT; SUSPENSION OR REVOCATION
8.15.080 CITY ENFORCEMENT OF ORDINANCE VIOLATIONS
8.15.010 VIOLATION OF TITLE—PENALTIES:
Any person who violates any mandate or prohibition contained in this title shall be
penalized according to the provisions of this title or the provisions of§ 1.12.050 of the Salt Lake
City Code.
8.15.020: ISSUANCE OF MISDEMEANOR CITATIONS, CIVIL NOTICES OF
VIOLATION, AND WARNINGS:
A. Misdemeanor Citations:
A peace officer or animal services officer is authorized to issue a misdemeanor citation to
any person upon a charge of violating any provisions of this title. The form of the misdemeanor
citation, and proceedings to be handled upon the basis of the citation, shall conform to the
provisions of the Utah code of criminal procedure, including, but not necessarily limited to,
sections 77-7-18 through 77-7-22, Utah Code Annotated, 1953, as amended, or their successors.
B. Civil Notices of Violation:
1. Where violations of the following requirements of this chapter are committed, and
provided they are not charged in conjunction with another criminal offense and do not
constitute a fourth or succeeding notice of violation within a twenty four (24) month
period, a peace officer or animal services officer may issue a civil notice of violation to
such violator in lieu of a misdemeanor citation for the following categories of violations:
a. commercial permits (section 8.04.130);
b. commercial permit display (section 8.04.160);
c. licensing (section 8.04.070);
d. license tag requirements (section 8.04.080);
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e.rabies vaccinations(section 8.04.240);
f. rabies tag requirements(subsection 8.04.250B):
g. harboring stray animals(section 8.04.110);
h. animals running at large(section 8.04.390);
i. animal nuisances(section 8.04.370 except for subsections B2.B8,B9,and
B 10);
j. more than two(2)rabbits at a residence(section 8.04.120):
k. tethering dogs improperly(section 8.04.400);
I. confining female dogs in heat(section 8.04.380);
m. giving animals as sales premiums(subsection 8.04.440B);
n. the sale/premium of baby rabbits and fowl(subsection 8.04.440A);
o. the sale of pet turtles(subsection 8.04.440C of this chapter);
p. beekeeping violations(chapter 8.10).
2. A notice of violation issued pursuant to subsection B,shall identify the penalties
applicable to each violation listed in the notice of violation as set forth in section
8.15.027 of this title for minimum citation penalties.Notwithstanding the foregoing,the
penalty amounts identified in the notice of violation may be reduced or waived as
follows:
a. penalties for first offenses may be reduced or waived if the violator
satisfactorily completes a class on responsible pet ownership that is approved
by the Office of Animal Services.
b. if the violations identified in the notice of violation require remedial action on
the part of the person charged,then the notice of violation shall identify each
remedial measure that must be taken and shall indicate the compliance date by
which such measures must be completed. Compliance with all remedial
requirements referred to in the notice of violation by the compliance date
shown thereon shall result in a twenty five dollar($25.00)reduction in the
penalty and the notice of violation shall be dismissed if the total penalty due
and owing is not greater than twenty five dollars($25.00). Refusal or failure
to comply with any remedial requirements referred to in the notice of violation
by the deadline set as the compliance date may result in the imposition of the
full penalty and any additional administrative fees which may be applicable.
C. Warnings:
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In appropriate instances, and for demonstrable good cause, a peace officer or animal
services officer may issue a written warning to the offending party and forego the imposition of
any penalties.
8.15.025: NOTICE OF VIOLATIONS:
A. Notices of violations shall be adjudicated as civil violations in the small claims court in
accordance with the procedures set forth in title 2, chapter 2.75 of this code.
B. Any person having received a notice of violation, as provided in this chapter, may appear
before the small claims court and present and contest such alleged violation.
C. The burden to prove any defense shall be upon the person raising such defense. Nothing
herein shall affect the city's burden to prove each element of the underlying charge by a
preponderance of evidence.
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 affirmative 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 hearing officer may reduce the
penalty associated therewith. Such affirmative defenses are:
1. At the time of the receipt of the notice of violation, the person receiving such notice of
violation 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; or
3. Such other mitigating circumstances as may be approved by the city law department.
8.15.027: CODE VIOLATION PENALTIES
The following penalties shall be imposed per animal. However, a "litter" as defined in section
8.04.010 of this title, shall be considered a single animal for purposes of imposing the penalties
set forth in this section.
A. Pet License And Dog Breeder License Penalties:
Late penalty (in addition to regular fee): Lj
First encounter No penalty
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Second encounter $125.00
Third encounter 250.00
B.Service And Violation Penalties For Pets:Where indicated,penalties for second,third,and
subsequent violations are for those occurring within a twenty four(24)month period.
First Second Third Subsequent
Offense Offense Offense Offenses
Impound penalties $35.00 $70.00 I$125.00 $250.00
Minimum notice of violation penalties: t;
Animal nuisance,commercial permit,permit 50.00 100.00 200.00 Criminal
display
Licensing;beekeeping;tags;rabies 25.00 50.00 100.00 Criminal
vaccination;at large;number of animals;
tethering;female dogs in heat;harboring
stray animals;animals as sales premiums;
sale of baby rabbits.fowl,and pet turtles
(applies
when no other penalty is sp Ea)
Purchase price for unclaimed livestock is based on costs incurred by animal services during
impound and recommendations made by the state brand inspector.
8.15.030 VIOLATION—PROCEDURE FOR COURT ORDERS:
Pursuant to state laws and rules of procedure,court orders pursuant to this title shall be
obtained upon the director or designee petitioning the court for the desired action and providing
notice,together with supporting affidavits to be served on the party against whom the action is
taken,in accordance with state laws and rules of procedure.
8.15.040 PICK UP ORDERS:
The director or designee may petition the court for a"pick up order"for an animal within
the premises of and under the control of a person who is in violation of this title. This process
may be used for,but is not limited to,picking up animals pursued but not captured by an animal
control officer,nuisance animals or for any other violation of these ordinances.
8.15.050 REPEATED VICIOUS ANIMAL VIOLATIONS-OWNER DEBARMENT:
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When any person who owns or has custody of animals is found to have violated any law
or ordinance regarding harboring a potentially dangerous,dangerous,or vicious animal or
regarding animal neglect or cruelty more than two times in a five year period,that person may he
debarred from receiving a license under Chapter 8.04 of these ordinances. Notice of debarment
shall be served on the person in a written order issued by the director. Debarment may be for a
period of up to five years. Appeal of a debarment order shall be made using the same two-part
procedural process outlined in Section 8.15.070 of these ordinances. Any person who has been
debarred and who subsequently owns or has custody of an animal requiring licensure under
Chapter 8.04 in violation of a debarment order is guilty of a class B misdemeanor.
8.15.060 SEIZURE AND DISPOSITION—VICIOUS ANIMALS:
A. Upon the occurrence of circumstances resulting in the seizure of an animal by animal
services,the procedures governing the potential classification and disposition of the animal
shall be conducted as set forth in this section.
B. The office of animal services shall prepare written criteria or standards to objectively
evaluate the facts and circumstances surrounding a bite or other animal attack. The
evaluation criteria shall include bite or attack severity,observed animal behavior,animal
history,animal owner's background or history,and such other circumstances as may be
appropriate,based on current professional standards. Aggravating and mitigating
circumstances for each evaluation criteria shall be rated on a numerical scale in such a way
that all circumstances and facts may be objectively calculated in determining the severity of
the animal attack,the nature of the animal's behavior,and the appropriate response by animal
services.
C. When an animal has been seized by the office of animal services,such office shall serve
written notice to the owner that a meeting with the director or designee shall be conducted on
a date no sooner than five business days from the date of the notice,at a date,time and place
designated in the notice. The purpose of the meeting shall be to discuss the facts and
circumstances of the matter and to give an opportunity to both the owner and the animal
services representative to present those facts. Any complaints or other reports may be
reviewed and discussed and the animal attack evaluation form,where applicable,shall be
explained to the owner. This meeting is not considered a formal administrative hearing and
shall be conducted accordingly. Following the meeting,the director or designee shall issue
written findings regarding the meeting,including a decision regarding the disposition of the
animal,to be issued within two business days following the meeting.
D. The animal owner may appeal the written findings required in 8.15.060(c)by filing a
written request with animal services within five business days after such findings are issued.
If such an appeal is made.animal services shall conduct a formal administrative hearing as
set forth herein. The hearing will be conducted by a person trained or experienced in law.
mediation or arbitration,or animal services. Witnesses may be called and documents and
other evidence presented for admission. The Utah Rules of Civil Procedure and Evidence
shall be used as guidelines for the conduct of this hearing,but shall not be binding. A record
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of the hearing shall be maintained. The hearing officer shall prepare written findings and a
decision within five business days of the hearing. No sooner than ten business days
following the issuance of the hearing officer's decision,the animal may be destroyed or
otherwise processed by animal services,including,but not limited to, the sale or other
placement of animals in circumstances of cruelty or neglect.
8.15.070: 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 accompanied by either a citation or a notice of
violation and stipulation.The inspection report 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 a hearing upon any grievance the permitee or
operator may have concerning the inspection findings and corrections ordered
by the animal control officer will be provided if such permitee or operator files
a written request for a hearing with the office of animal services within five(5)
business days of the date of the inspection report.Compliance with the notice
will be stayed until the animal services director or designee has rendered a
decision on the matter.
C. Revocation or Suspension:Any permit granted under this title may be suspended or
revoked by the office of animal services for violations of any requirements of this title. A
minimum of five(5)business days'notice shall be given to the permittee,advising him or her
of the date and time for such hearing,and listing the cause or causes for such suspension or
revocation. A permitee aggrieved by the suspension or revocation of his/her permit may
petition the director for review of such grievance. Upon consideration of such grievance and
upon good cause showing,the director.or the director's designee,may,at his or her sole
discretion,uphold the suspension or revocation or reinstate the permit.
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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. A new permit shall not be issued to any person whose prior permit was suspended or
revoked by the office of animal services until the applicant has satisfied the director that
he/she has the means and the will to comply with the requirements of this title in the future.
An application for another permit must comply with the requirements for an application for
an initial permit,including application fee.
E. 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 animal services.
8.15.080: CITY ENFORCEMENT OF ORDINANCE VIOLATIONS:
The office of animal services has primary responsibility for enforcing the provisions of
this title. However,the City likewise has authority to enforce the provisions of this title,and
nothing set forth herein shall prevent the City from enforcing such ordinances if the office of
animal services is unwilling or unable to do so.
SECTION 5. This ordinance shall become effective on the date of its first publication.
Passed by the City Council of Salt Lake City,Utah this 24_day of February ,2015.
CHAIRP S
Anti
Y RECORDER
Transmitted to Mayor on February 25, 2015
Mayor's Action: ), Approved. Vetoed.
MAY h R
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Bill No. 8 of 2015. '�ti,��y" +R ATE���,�y By.
Published: March 4, 2015.
HB ATTY-#42698-v2-Animal Services Citations - 1-6-15.DOC
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