005 of 2012 - Amending Section 8.04.090 & enacting Chapter 8.06 to establish regulations for dog breeders 0 12-1
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SALT LAKE CITY ORDINANCE
No. 5 of 2012
(Enacting dog breeder regulations and establishing penalties for noncompliance)
AN ORDINANCE AMENDING SECTION 8.04.090, SALT LAKE CITY CODE, AND
ENACTING CHAPTER 8.06, SALT LAKE CITY CODE, TO ESTABLISH REGULATIONS
FOR DOG BREEDERS, AND AMENDING SECTION 8.04.521,SALT LAKE CITY CODE, TO
ESTABLISH PENALTIES FOR NONCOMPLIANCE.
WHEREAS, it is proposed that Section 8.04.090,Salt Lake City Code, be amended and
Chapter 8.06,Salt Lake City Code, be enacted to establish City regulations for dog breeders, and
that Section 8.04.521, Salt Lake City Code, be amended to establish penalties for noncompliance;
and
WHEREAS, the intent of the ordinance is to mirror similar regulations adopted by Salt
Lake County; and
WHEREAS,the City Council finds adoption of this ordinance reasonably furthers the
health, safety, and general welfare of the citizens of Salt Lake City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Section 8.04.090,Salt Lake City Code, shall be, and hereby is, amended to
read as follows:
8.04.090: DOG AND CAT LICENSE; EXEMPTIONS:
A. The provisions of Sections 8.04.070 and 8.04.080 of this chapter, or their successor
sections, shall not apply to:
1. Dogs or cats properly licensed in another jurisdiction whose owners are
nonresidents temporarily (up to thirty [30) days) within the city. Licensed animals whose
owners remain within the city longer than thirty (30) days may transfer to the local
license upon payment of a fee as specified in the City's consolidated fee schedule and
proof of a required rabies vaccination.
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2. Individual dogs or cats within a properly licensed kennel, cattery or other such
establishment, when such animals are held for resale.
B. The fee provisions of Section 8.04.070 of this chapter 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 or Chapter 8.06 of this title shall be construed to exempt any
dog or cat from having a required rabies vaccination.
SECTION 2. Section 8.04.521, Salt Lake City Code, shall be, and hereby is, amended to
read as follows:
8.04.521: APPENDIX A:
SALT LAKE CITY ANIMAL SERVICES ANNUAL PERMITS AND PENALTIES
The following penalties shall be imposed per animal. However, a "Litter" as defined in Section
8.04.010, 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)
First encounter No penalty
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 24 month period.
First Second Third Subsequent
Offense Offense Offense Offenses
Impound penalties $35.00 $70.00 $125.00 $250.00
Minimum notice of violation penalties:
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Animal nuisance, commercial permit, $50.00 $100.00 $200.00 Criminal
permit display
Licensing, permits,tags, rabies $25.00 $50.00 $100.00 Criminal
vaccination, at large, number of animals,
staking, female dogs in heat, harboring
stray animals, animals as sales
premiums, sale of baby rabbits, fowl,
and pet turtles (applies when no other
penalty is specified)
Purchase price for unclaimed livestock is based on costs incurred by animal services during
impound and recommendations made by the state brand inspector.
SECTION 3. Chapter 8.06, Salt Lake City Code, shall be, and hereby is, enacted to read
as follows:
Chapter 8.06
DOG BREEDERS
8.06.010: LICENSE:
A. Dog breeders shall obtain a license issued by the office of animal services, in addition
to any current general kennel or fancier's permit required by this code.
B. An applicant for a license shall submit an application on a form prescribed by the
office of animal services, together with an annual, non-refundable license fee in an amount
shown on the Salt Lake City consolidated fee schedule.
C. The office of animal services,through its inspector, may conduct an inspection for the
license requested by the applicant to determine whether the applicant qualifies to hold a license
pursuant to this section. The office of animal services shall issue the license upon receipt of the
application and annual license fee and upon satisfactory completion of any required or qualifying
inspection and compliance with all requirements of these ordinances.
D. A license shall not be issued to an applicant who has pled no contest or has been found
to have violated any federal, state or local laws or regulations pertaining to animal cruelty within
five (5) years of the date of application.
E. An applicant who does not receive a license shall be afforded the opportunity for a
hearing before a hearing officer of the office of animal services to present evidence that the
applicant is qualified to hold a license.
F. This section shall not apply to:
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1. Any person licensed or subject to inspection by the United States Department
of Agriculture pursuant to the deferral Animal Welfare Act (Title 7 U.S.C. Sec. 2131 et
seq.) and its regulations (Title 9, C.F.R.) or
2. Any evacuation or management activity associated with any emergency or
disaster declared by local, state, or federal government.
G. A license to operate as a dog breeder shall be renewed by filing with the office of
animal services annually a renewal application and license fee.
H. License registration should be made prior to any litter being delivered. Failure to
timely register under this chapter may result in additional penalties, including a late fee as may
be established by the city council.
I. A license is not transferable to another person or location.
J. A licensee may be put on probation requiring him or her to comply with the conditions
set out in an order of probation issued by the office of animal services, may be ordered to pay a
civil penalty or may have his or her license suspended after:
1. The office of animal services determines the licensee has not complied with the
provisions of this section or with office of animal services regulations;
2. The licensee is given written notice to comply and written notice of the right to
a hearing to show cause why the license should not be revoked; and
3. The office of animal services finds that issuing an order revoking the license is
appropriate based on the hearing record or on available information if the hearing is
waived in writing by the licensee or the licensee does not appear at a scheduled hearing
after the licensee has received notice of the hearing.
K. The facility or operation of any licensee whose license has been suspended shall close
and remain closed and all operations cease until the license has been reinstated and a new license
is issued. Any facility or operation for which the license is revoked shall not be eligible to apply
for a new license until one year after the date of the order revoking the license or, if the
revocation is appealed, one (1) year from the date of the order sustaining the revocation.
L. The office of animal services may terminate proceedings undertaken pursuant to this
section at any time if the reasons for instituting the proceedings no longer exist. A license which
has been suspended may be reinstated, a person with a revoked license may be issued a new
license, or a licensee may no longer be subject to an order of probation if the office of animal
services determines the conditions which prompted the suspension, revocation, or probation have
been remedied or no longer exist.
M. A licensee shall have the right to appeal adverse decisions to the office of animal
services director or designee.
8.06.015: LICENSE; RESPONSIBLE BREEDER; FIVE-YEAR LICENSE:
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A. Licensees belonging to recognized organizations which require and enforce adherence
to a code of ethics and standards specific to their breed may obtain a five-year license at no
charge.
B. Recognized organizations:
1. A local, regional, or national dog club or organization recognized by the
American Kennel Club which has a written code of ethics that members are held
accountable to in order to remain member in good status standing, or
2. If the breed is not recognized by the American Kennel Club, then a local,
regional, or national dog club or an organization recognized by the United Kennel Club
which has a written code of ethics that members are held accountable to in order to
remain member in good status standing, or,
3. If the breed is not recognized by the American Kennel Club or the United
Kennel Club, the organization may be recognized by providing the following information
to the office of animal services:
a. Articles of organization and bylaws (or equivalent);
b. Copy of the organization's code of ethics; and
c. Statement regarding member's requirement to abide by code of ethics to
maintain membership.
C. Application for five-year license shall include the following:
1. Proof that the applicant is a member in good standing with a recognized
organization, and
2. A copy of the recognized organization's code of ethics (or equivalent)that
members are held accountable to in order to maintain member-in-good-standing status.
The code of ethics shall include at a minimum:
a. Expectations for following guidelines and recommendations for breed
specific health and medical testing;
b. Prohibition on selling, trading, or bartering of a puppy/adult that is sick,
or shipping or delivering to the buyer a puppy less than eight (8) weeks of age;
and
c. Requirements to take back or make rescue or placement arrangements
for any dog produced that has been displaced or abandoned at any time during its
life.
D. A five-year license may be revoked if the licensee is found to have lost member-in-
good-standing status or if the licensee is found to be in violation of any section of this chapter.
E. Organizations found to not be enforcing their member's adherence to the
organization's standards and code of ethics may be suspended from participating in the five-year
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license program for two years. During the two-year period of the organization's suspension, no
five-year licenses shall be issued or renewed to members of the suspended organization.
8.06.020: INSPECTIONS:
A. The office of animal services may inspect any dog breeders licensed under this chapter
to determine compliance. The office of animal services may conduct additional inspections upon
receipt of a complaint or it may determine to insure compliance with the requirements of this
chapter. When an inspection produces evidence of a violation of this chapter or office of animal
services regulations, a copy of an inspector's written report of the inspection, including alleged
violations, shall be provided to the applicant or licensee, together with written notice to comply
within the time limit established by the office of animal services.
B. The inspector, for purposes of inspection, may, with an appointment, enter the
premises of any applicant or licensee during normal business hours and in a reasonable manner,
including all premises in or upon which dogs are housed, sold, exchanged, or leased or are
reasonably suspected of being housed, sold, exchanged, or leased. An applicant or licensee shall,
upon request of the inspector, provide assistance in making any inspection authorized under this
section and any associated regulations.
C. The private residence of any applicant or licensee shall be available for purposes of
inspection only if dogs are housed within the residence, including a room in such residence, and
only the portion of the residence used as an enclosure shall be open to an inspection pursuant to
this section.
D. The office of animal services shall have authority to investigate reported violations of
this chapter and office of animal services regulations, including failure to obtain a license as a
dog breeder, as required under this chapter.
8.06.030: STANDARDS:
A. Licensees shall ensure that appropriate preventative and therapeutic veterinary care is
provided.
B. Each licensee shall have a plan for disaster response and recovery, including but not
limited to, structural damage, electrical outages, and other critical system failures.
C. All dogs over four (4) months old shall be properly licensed.
D. All dogs shall be provided necessary and appropriate veterinary care, including, at a
minimum, an examination at least annually by a licensed veterinarian, prompt treatment of any
illness or injury by a licensed veterinarian, and, where justified, humane euthanasia by an
appropriate agency using lawful techniques determined acceptable by the office of animal
services.
E. All dogs shall be provided sufficient housing, including protection from the elements,
constant and unfettered access to an indoor enclosure that has a solid floor (a wire-mesh or
similar floor is not permitted), no stacking of one (I) animal's enclosure above or below another
animal's enclosure, and waste removal at least once a day while a dog is outside the enclosure.
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8.06.040: RECORDS:
A. A licensee shall maintain accurate records for each dog within the licensee's care for at
least five (5) years including:
1. The date the dog enters the kennel facility;
2. The person from whom each dog was purchased or obtained, including the
name, address, and phone number of the person, and license or registration number if
applicable;
3. A description of each dog, including the color, breed, sex, date of birth (if not
known, the approximate age), and weight;
4. A description of any tattoo, microchip, or other identification number carried
by or appearing on the dog;
5. For breeding females:
a. Breeding dates;
b. Whelping dates;
c. Number of puppies per litter; and
d. Sire for each litter.
6. All preventative and therapeutic veterinary care provided for each dog; and
7. The disposition of each dog and the date.
B. A copy of each dog's record, as required by this section, shall be provided at the time
of transfer of ownership. Registration of any tattoo, microchip, or other identification number
shall also be transferred.
C. Licensees shall provide copies of records listed in this section to the inspector, as
requested, to enforce the provisions of this section or its regulations.
8.06.050: ENFORCEMENT AND PENALTIES:
A. Penalties for failing to obtain a dog breeder's license shall be as set forth in Sections
8.04.500, 8.04.510, and 8.04.521 of this title.
B. In enforcing this section, 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
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4. Seek other injunctive relief as may be necessary to enforce this section 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 the section.
B. 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.
C. A failure to comply with this chapter shall constitute a class B misdemeanor. The
attorney's office may bring an action to collect unpaid license fees and/or unpaid civil penalties.
D. It shall be a violation of this section 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. This ordinance shall become effective on the date of its first publication.
Passed by the City Council of Salt Lake City, Utah this 7 day of February, 2012.
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Transmitted to Mayor on 2-22-2012 ('.:e' A .' L ,
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Mayor's Action: Approved.
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MAYOR
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APPROVED AS TO FORM
(SEAL) "Z\' Date: —
Bill No. 5 of 2012. =" ' q B %�'(" —l///t_G(
Published: 3-3-2012 •••. =,y l�iy`'``
Dog Breeders Ordinance(clean 02-02-12).doc
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