Chapter 4

Animal Control

Sections:

      1. Definitions.
      2. Department of Animal Control.
      3. Powers of Animal Control officials.
      4. Duties of Animal Control officials.
      5. Interference with officer prohibited.
      6. Dog licensing.
      7. Licensing tag.
      8. Licensing exemptions.
      9. Unlawful to harbor stray dogs.
      10. Dogs running at large.
      11. Dogs on unenclosed premises.
      12. Female dogs in heat.
      13. Places prohibited to dogs.
      14. Dogs attacking persons and animals.
      15. Fierce, dangerous or vicious animals.
      16. Nuisance; animals.
      17. Revocation of dog license.
      18. Bites; duties to report.
      19. Control of rabies and rabid animals.
      20. Impounding; animals to be impounded.
      21. Impounding; records to be kept.
      22. Impounding; disposition of animals.
      23. Impounding; redemption.
      24. Animal shelter.
      25. Cruelty to animals.
      26. Sale of animals.
      27. Wild animals.
      28. Regulatory permits.
      29. Standards for permitted establishments.
      30. Suspension or revocation of permit.
      31. Procedure for court order.
      32. Violation.
      33. Severability.

 

Section 4-1. Definitions.

1. Animal boarding establishment: Any establishment that takes in animals for boarding for profit.

2. Animal grooming parlor: Any establishment maintained for the purpose of offering cosmological services for animals for profit.

3. Animal shelter: A facility owned and/or operated by a governmental entity or any animal welfare organization that is incorporated within the State of Utah under Section 76-9-302, U.C.A., 1953, as amended, and used for the care and custody of seized, stray, homeless, quarantined, abandoned, or unwanted dogs, cats or other small domestic animals.

4. Animal at large: Any domesticated animal, whether or not licensed, not under restraint as defined below.

5. Animal under restraint: Any animal under the control of its owner or person having charge, care, custody or control, except a dog shall not be considered under control of the owner unless on a leash or leas, confined within a vehicle, or within the real property limits of the owner.

6. Bite: A puncture, tear, abrasion or bruise of the skin inflicted by the teeth of an animal.

7. Cat: Any age feline of the domesticated types.

8. Cattery: An establishment for boarding, breeding, buying, grooming or selling cats for profit.

9. Dog: Any canis familiaris over four (4) months of age. Any canis familiaris under four (4) months of age is a puppy.

10. Domesticated animals: Animals accustomed to live in or about the habitation of man, including but not limited to cats, dogs, fowl, horses, swine and goats.

11. Stray: any animal at large as defined as herein.

12. Guard dog: 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.

13. Holding facility: Any pet shop, kennel, cattery, groomery, riding school, stable, animal shelter, veterinary hospital, humane establishment, or any other such facility used for holding animals.

14. Kennel: An establishment having three or more dogs for the purpose of boarding, breeding, buying, grooming, letting for hire, training for fee, or selling, except where such establishment shall be licensed as having Sportsman’s privileges as provided in Section 28 herein.

15. Leash or lead: Any chain, rope or device used to restrain an animal.

16. Pet: A domesticated animal kept for pleasure rather than utility, including, but not limited to birds, cats, dogs, fish, hamsters, mice, and other animals associated with man’s environment.

17. Pet shop: Any establishment containing cages or exhibition pens, not part of a kennel or cattery, wherein dogs, cats, birds, or other pets for sale are kept or displayed.

18. Quarantine: The isolation of an animal in substation enclosure so that the animal is not subject to contact with other animals or authorized person.

19. Riding school or stable: An establishment which offers boarding and/or riding instruction for any horse, pony, donkey, mule or burro or which offers such animals for hire.

20. Vicious animal: Any animal of a species that in their natural life are wild. Those animals, how ever domesticated, shall include but are not limited to:

a. Alligators and corcodiles.

b.Bears (ursidae). All bears including grizzly bears, brown bears, black bears, etc.

c. Cat Family (felidae). All except the commonly accepted domesticated cats,, and including cheetah, cougars, leopards, lions, lynx, panthers, mountain lions, tigers, wildcats, etc.

d. Dog Family (canidae) All except domesticated dogs, and including wolf, fox, coyote, dingo, etc.

e. Porcupine (erthizontidae).

f. Primate (Hominiddae). All subhuman primates.

g. Raccoon (Prosynnidae). All raccoons including eastern raccoon, desert raccoon, ring-tailed cat, etc.

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, mongoose, etc. except that person raising members of this family as a business for their pelts shall not be prohibited by this ordinance.

Section 4-2. Department of Animal Control.

There is hereby created a Department of Animal Control.

 

Section 4-3. Powers of Animal Control Officials.

    1. The Animal control Director or any person employed by the Department of Animal Control as an animal control officer shall take the oath of office and shall be vested with the power and authority to enforce this ordinance.
    2. The Animal Control Director, his deputies, assistants and animal Control officers are hereby authorized and empowered to apprehend and take with them and impound any animal found in violation of this ordinance and including licensable dogs for which no license has been procured in accordance with this ordinance, or any license or unlicensed dogs for any other violation thereof.
    3. In the enforcement of this ordinance any peace officer or the Director of Animal Control or his assistants are authorized to enter onto the open premises or any person to take possession of any dog in violation of this ordinance.

 

Section 4-4. Duties of Animal Control Officials.

  1. The Animal Control Director shall:

    2. a. Enforce this ordinance and perform other responsibilities pursuant thereto.

    b. Supervise the municipal animal shelter(s) under his jurisdiction.

    c. Keep adequate records of all animals impounded and all monies collected.

    d. See that all animals and animal holding facilities in his jurisdiction are licensed, controlled and permitted in accordance with any applicable ordinance and/or regulations.

    e. Establish, in cooperation with the Grantsville City-Tooele County Health Department and other interested governmental agencies, adequate measures for rabies immunization and control.

  2. Each Animal Control Officer shall:

a. Enforce this chapter in all respects pertaining to animal control within the jurisdiction including the care and impounding of animals and prevention of cruelty to animals.

b. Carry out all duties prescribed or delegated by the director.

Section 4-5. Interference with Officer prohibited.

It shall be unlawful for any person to knowingly and intentionally interfere with the director or any animal control officer in the lawful discharge of his duties as herein prescribed.

Section 4-6. Dog licensing.

    1. All dogs must be licensed each year, except as otherwise provided herein, to a person of the age of eighteen (18) years or older.
    2. Any person owning, possessing or harboring any dog shall obtain a licenses for such animal within thirty (30) days after the dog reaches the age of six (6) months; or in the case of a dog over six (6) months, within 10 days of the acquisition of the dog.* (*amending 2-5-92 by Ordinance 92-02)
    3. License applications must be submitted annually to the Department of Animal Control, utilizing a standard form which requests name, address, and telephone number of the applicant; breed, sex, color, and age of the animal; rabies information. The application shall be accompanied by the prescribed license fee and by a current rabies vaccination certificate. Rabies vaccinations shall be given by a licensed veterinarian every two (2) years.
    1. License fees: * License fee increased by Ordinance 82-13.

      2. Female dog $15.00

      Male dog $10.00

      Spayed or neutered dog $10.00

      Late fee $Double the regular fee.

      No dog will be licensed as spayed or neutered without proof

      that such surgery was performed.

    2. The license shall be effective from the date of purchase through the end of January of the following year, after which a late fee

      3. may be imposed. Licenses for the following year may be

      purchased within ninety (90) days prior to the expiration date.

    3. No person or persons at any one residence within the
                  1. jurisdiction shall at any one time own or license more than two
                  2. (2) dogs in any combination except as otherwise provided
                  3. herein.

Section 4-7. License tag.

    1. Upon payment of the license fee, the Department of Animal Control 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. Failure to attach the tag as provided shall be in violation of this ordinance, except that dogs which are kept for show purposes are exempt from wearing the collar and tag.
    2. Dog tags are not transferable from one dog to another unless the dog for which the tag was initially issued has died or has been removed from Grantsville City. Any person requesting the transfer of a dog tag must complete an application for such transfer as provided by the City and the transfer must be approved by the animal control Officer. No refunds shall be made on any dog license fee for any reason whatsoever. Replacement for lost or destroyed tags shall be issued upon payment of $1.00 to the Department of animal Control.
    3. 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 license veterinarian or animal control officer who removes such for medical and other reasons, shall be in violation of this ordinance.

Section 4-8. Licensing; exemptions.

    1. The provisions of Section 6 and 7 herein shall not apply to:
    1. Licensed dogs whose owners are non-residents temporarily (up to 30

      2. days) within the jurisdiction; licensed dogs whose owners remain

      within the jurisdiction longer than thirty (30) days may transfer to the

      local license upon payment of a $1.00 fee and proof of current rabies

      vaccination.

    2. Individual dogs within a properly licensed dog kennel or other such

establishment when such dogs are held for resale

    1. Other exemptions
    1. Seeing Eye Dogs properly trained to assist blind persons if such dogs are actually being used by blind persons to assist them in moving from place to place.
    2. Hearing dogs properly trained to assist deaf persons if such dogs are actually used by deaf persons to aid them in responding to sounds.
    3. Dogs especially trained to assist officials of government agencies.

Nothing in this section shall be construed to exempt any dog from having a current rabies vaccination.

Section 4-9. Unlawful to harbor stray dogs.

It shall be unlawful for any person, except an animal welfare society incorporated within the State of Utah under Section 76-9-302, U.C.A., 1953, as amended, to harbor or keep any lost or stray dog. Whenever any dog shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the Animal Control Department within 24 hours, and the Department shall impound the dog as herein provided.

Section 4-10. Dogs running at large.

It shall be unlawful for the owner or person having charge, care, custody or control of any dog to allow such dog at any time to run at large. The owner or person charged with responsibility for a dog 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 dog and regardless of whether or not he knows that the dog is running at large.

Section 4-11. Dogs on unenclosed premises.

It shall be unlawful for any person to chain, stake out, or tether any dog on any unenclosed premises in such a manner that the animal may go beyond the property line unless such person has permission of the owner of the affected property.

Section 4-12. Female dogs in heat.

Any owner or person having charge, care, custody or control of any female dog in heat shall, in addition to restraining such dog from running at large, cause such dog to be constantly confined in a building or secure enclosure so as to prevent it from attracting by scent or coming into contact with other dogs and creating a nuisance, except for planned breeding.

Section 4-13. Places prohibited to dogs.

      1. It shall be unlawful for any person to take or permit any dog, whether loose or on a leash or in arms, in or about any establishment or place of business where food or food products are sold or displayed, including but not limited to restaurants, grocery stores, meat markets, and fruit or vegetable stores.
      2. Owner liability. The owner in violation of number 1 above shall be strictly liable for the violation of the section. In addition to being subject to prosecution under number 1 above, the owner of such dog shall also be liable in damages to any person injured or the owner of any animal(s) injured or destroyed thereby.
      3. Defenses. The following shall be considered in mitigating the penalties or damages or in dismissing the charge:
    1. That the dog was properly confined on the premises.
    2. That the dog was deliberately or maliciously provoked.

Dogs may be killed. Any person may kill a dog while it is committing any of the acts specified in number 1 above or while which dog is being pursued thereafter.

Section 4-14. Dogs attacking persons and animals.

            1.       Attacking dogs. It shall be unlawful for the owner or person having charge, care, custody or control of any dog to allow such dog to attack, chase or worry any person, any domestic animal having a commercial value, or any species of hoofed protected wildlife, or to attack domestic fowl. Worry as used in this section shall mean to harass by tearing, biting or shaking with the teeth.

2.       Owner liability. The owner in violation of number 1 above shall be strictly liable for violation of this section. In addition to being subject to prosecution under number 1 above, the owner of such dog shall also be liable in damages to any person injured or to the owner of any animal (s) injured or destroyed thereby.

3.       Defenses. The following shall be considered in mitigating the penalties or damages or in dismissing the charge:

(a)                That the dog was properly confined on the premises.

(b)                That the dog was deliberately or maliciously provoked.

            4.   Dogs may be killed. Any person may kill a dog while in committing any of the acts specified in number 1 above or while such dog is being pursued         thereafter.

ection 4-15. Fierce, Dangerous or vicious animals.

It shall be 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 Control shall seek a court order pursuant to Section 31 for destruction of or muzzling of the animal.

Section 4-16. Nuisance; animals.

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 ordinance and subject to the penalties provided herein. The following shall be deemed a nuisance:

    1. Any animal which:
    1. Causes damage to the property of anyone other than its owner.
    2. Is a vicious animal as defined herein and kept contrary to

      3. Section 15 above.

    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.
    6. Barks, whines or howls or makes other disturbing noises in an excessive, continuous, or untimely fashion.
    7. Molests passerby or chases passing vehicles.
    8. Attacks other domestic animals.
    9. Is determined by the Department of Animal Control or City-County Health Department to be a public nuisance by virtue of being offensive or dangerous to the public health, welfare, or safety.
    1. Any animal which, by virtue of the number maintained, are determined by the Department of Animal Control or City-County Health Department to be offensive or dangerous to the public health, welfare or safety.

Section 4-17. Revocation of dog license.

If the owner of any dog(s) is found to be in violation of this ordinance on three or more different occasions during any twelve-month period, the Director of Animal Control may seek a court order pursuant to Section 31, revoking for a period of one year any dog license(s) such person may possess and providing for the Animal Control Department to pick up and impound pursuant to such an order shall be dealt with in accordance with the provision of this ordinance for impounded animal except that the person under the order of revocation shall not be allowed to redeem the dog under any circumstances.

Section 4-18. Bites; duty to report.

    1. 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 Department of Animal Control or to the Grantsville City Health Department.
    2. The owner of an animal that bites a person and any person bitten by an animal shall report the bite to the Department of Animal Control or the Health Department within 24 hours of the bite, regardless of whether or not the biting animal is of a species subject to rabies.
    3. A physician or other medical personnel who renders professional treatment to a person bitten by an animal shall report the fact that he has rendered professional treatment to the Department of Animal Control or the Grantsville City – Tooele County Health Department within 24 hours of his first professional attendance. He shall report the name, sex and address of the person bitten as well as the type and location of the bite. If known, he shall give the name and address of the owner of the animal that inflicted the bite, and any other facts that may assist the Department of Animal Control in ascertaining the immunization status of the animal.
    4. Any person treating an animal bitten, injured or mauled by another animal shall report the incident to the Department of Animal Control. The report shall contain the name and address of the owner of the wounded, injured or bitten animal, the name and address of the owner and description of the animal that caused the injury, and the location of the incident.
    5. Any person not conforming with the requirements of this section shall be in violation of this ordinance.

 

Section 4-19. Control of rabies and rabid animals.

    1. Rabies vaccination required for dogs and cats. The owner or person having the charge, care, custody and control of a four (4) month of age or over cat or dog shall have said animal vaccinated within thirty (30) days after it reaches said age. Any person permitting any such animal to be on or remain, or be lodged or fed within such person’s house, yard or premises shall be responsible for said vaccination. Unvaccinated dogs or cats over four (4) months of age acquired by the owner or moved into the jurisdiction must be vaccinated within thirty (30) days of purchase or arrival. Every dog shall be vaccinated thereafter every 24 months and ever cat shall be vaccinated thereafter every 12 months with a modified virus rabies vaccine approved by the Grantsville City Tooele County veterinarian or kennel operators temporarily maintaining on their premises owned by others.
      1. Duties of veterinarian and tag requirements. It shall be the duty of each veterinarian, when vaccinating any vaccination (in duplicate) which included the following information:
      1. Owner’s name and address.
      2. Description of animal (breed, sex, markings, age, name).
      3. Date of vaccination.
      4. Rabies vaccination tag number.
      5. Type of rabies vaccine administered.
      6. Manufacturer’s serial number of vaccine.

A copy of the certificate shall be distributed to the owner and 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 this section. Additionally, a metal or durable plastic rabies vaccination tag, serially number, 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 ordinance.

    1. Transient animal – exception. The provisions of this section with respect to vaccination shall not apply to any animal owned by a person temporarily remaining within the jurisdiction for less than thirty (30) days. The owner shall keep such animals under strict supervision. It shall be unlawful to bring any animal into the jurisdiction that does not comply with the animal health laws and import regulations.
    2. Impoundment of animals without valid rabies vaccination tag.
    1. Any vaccinated animal impounded because of a lack of rabies vaccination tag may be reclaimed by its owner by furnishing proof of rabies vaccination and payment of all impound fees prior to release.
    2. Any unvaccinated animal may be reclaimed prior to disposal by payment of impound fees and by obtaining a rabies vaccination within 72 hours of release.
    3. Any dog not reclaimed prior to the period shall be disposed of pursuant to provisions of Section 22.
    1. Reporting of rabid animals. Any person having knowledge of the where abouts 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 Department of Animal Control, the Grantsville City – Tooele County Health Department or the State Division of health.

Quarantining and disposition of biting or rabid animals.

      1. An animal that has rabies or shows signs of having rabies, and every animal bitten by another animal affected with rabies or that has bee exposed to rabies shall be reported by the owner as set forth above and shall immediately be confined in a secure place by the owner. The owner shall turn over the animal to the Department of Animal Control upon demand.
      2. The owner of any animal of a species subject to rabies, which has bitten, shall surrender the animal to an authorized official upon demand. Any person authorized to enforce this ordinance may enter upon private property to seize the animal; if the owner refused to surrender the animal, the officer shall immediately obtain a search warrant authorizing seizure and impoundment of the animal.
      3. 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 for a period of not less than ten (10) days by the Department of Animal Control and/or the Health Department. The owner of the animal shall bear the cost of confinement. The animal shelter shall be the normal place for quarantine, but the other arrangements, including confinement by the owner, may be made by the Director of Animal Control and/or the Director of Health if the animal had a current rabies vaccination at the time the bit was inflicted or if there are other special circumstances justifying an exception. A person who has custody special circumstances justifying an exception. A person who has custody of an animal under quarantine shall immediately notify the Department of Animal Control if the animal shows any signs of sickness or abnormal behavior, or if the animal escapes confinement. It shall be unlawful for any person who has custody of a quarantined animal to fail or refuse to allow a Health or Animal Control officer to make an inspection or examination during the period of quarantine. If the animal dies within ten (10) days from the date of bite, the person having custody shall immediately notify the Department or immediately remove and deliver the head to the State Health laboratory to be examined for rabies. If, at the end of the ten (10) day period, the Director of Animal Control examines the animal and finds no signs 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 21.
    1. Unvaccinated bitten animals.
    1. In the case of an unvaccinated animal species subject to rabies which is known to have been bitten by a known rabid animal, said bitten or exposed animal should be immediately destroyed.
    2. If the owner is unwilling to destroy the bitten or exposed animal, the animal shall be immediately isolated and quarantined for six (6) months under veterinary supervision, the cost of such confinement to be paid in advance by the owner. The animal shall be destroyed if the owner does not comply here with.
    1. Vaccinated bitten animals.
    1. If the bitten or exposed animal has bee vaccinated, the animal shall be vaccinated within 24 hours and quarantined for a period of thirty (30) days following revaccination; or
    2. If the owner is unwilling to destroy the bitten or exposed animal, the animal shall be immediately isolated and quarantined under veterinary supervision for six (6) months.

The animal shall be destroyed if the owner does not comply with items (1) or (2) of this subsection (3).

    1. Removal of a quarantined animal. It shall be unlawful for any person to remove any such animal from the place of quarantine without written permission of the Department of Animal Control.
    2. If any animal bites or attacks a person or animal two times or more in a 12 month period, such animal may be immediately impounded by the Department of Animal Control 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 Control may seek a court order a provided in Section 31, for destruction of the animal. Parties owning such animals shall, if possible, be notified immediately of the animal’s location by the Animal Control.

 

Section 4-20. Impounding; animals to be impounded.

The Animal Control Director shall place all animals which he takes into custody in a designated animal impound facility. The following animals may be taken into custody by the Animal Control Director and impounded without the filing of a complaint:

    1. Any animal being kept or maintained contrary to the provisions of this ordinance;
    2. Any animal running at large contrary to the provisions of this ordinance;
    3. Any animal, which is by this ordinance required to be licensed and is not licensed. An animal not wearing a tag shall be presumed to be unlicensed for purposes of the section;
    4. Sick or injured animals whose owner cannot be located;
    5. Any abandoned animal;
    6. Animals which are not vaccinated for rabies in accordance with the requirements of this ordinance;
    7. Any animal to be held for quarantine;
    8. Any vicious animal not properly confined as required by Section 4-15 herein.

 

Section 4-21. Impounding; records to be kept.

The impounding facility shall keep a record of each animal impounded which includes the following information:

Complete description of the animal, including tag numbers.

The manner and date of impound.

The location of the pickup and name of the officer picking up the animal.

The manner and date of disposal.

The name and address of the redeemer or purchaser.

The name address of any person relinquishing an animal to the impound facility.

All fees received.

All expenses accruing during impoundment.

Section 4-22. Impounding; disposition of animals.

      1. Unlicensed animals shall be impounded for a minimum of three (3) calendar days and licensed animals shall be impounded for a minimum of five (5) calendar days before further disposition, except as otherwise provided herein. * Reasonable effort shall be made to notify the owner of any animal wearing a license or other identification during that time. Notice shall be deemed given when sent to the last known address of the listed owner. Any animal voluntary relinquished to the Animal Control facility by the owner thereof for destruction or other disposition need not be kept for the minimum holding period before or other disposition as herein provided.
      2. 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 destroyed or sold as the Animal Control 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 $30.00 per animal, plus licensed and rabies vaccination if required.

        3.  

      3. 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 Control Director, be released to the care of veterinarian with the consent of the owner.

Section 4-23. Impounding; redemption.

The owner of any impounded animal or animals or his authorizes representative may redeem such animal or animals before disposition provided he pays:

      1. The specified impound fee;
      2. The daily board charge;
      3. Veterinary costs incurred during the impound period, including rabies vaccinations;
      4. License fee, if required.

Fees shall be charged at the following rates.

Impound fee-dogs.

First confinement $ 40.00

Second or subsequent confinement $ 75.00

Board-dogs.

Per calendar day of confinement per dog $ 3.00

Impound fee-all other animals.

First confinement $ 10.00

Second or subsequent confinement $ 20.00

Board-all other animals.

Per calendar day of confinement per animal $ 3.00

      1. The governing authority shall provide for the painless and humane destruction of dogs and other animals required to be destroyed by this ordinance or by the laws of the State of Utah.
      2. The governing authority may furnish, when necessary, medical treatment for such animals as may be impounded pursuant to this chapter.

 

Section 4-25. Cruelty to animals prohibited.

1. Physical abuse: It is unlawful for any person to willfully or maliciously kill, maim, disfigure, torture, beat with a stick, chain, club or other object, mutilate, burn or scald, over-drive or otherwise cruelly set upon any animal. Each offense shall constitute a separate violation.

2. Care and maintenance: It shall be the duty of any person to provide any animal in his charge or custody, as owner or otherwise, with adequate ventilation or for an unusual length of time.

3. Animals in vehicles: It shall be unlawful for any person to carry or confine any animal in or upon any vehicle in a cruel or inhumane manner, including but not limited to carrying of confining such animal without adequate ventilation of for an unusual length of time.

4. Abandonment of animals: It shall be unlawful for any person to abandon any animal within the jurisdiction.

5. Animal poisoning: Except as provided in Section 25 herein, it shall be unlawful for any person by any means to make accessible to any animal, with intent to cause harm or death, any substance which has in any manner treated or prepared with any harmful or poisonous substance. This provision shall not be interpreted so as to prohibit the use of poisonous substances for the control of vermin in furtherance of the public health when applied in such a manner as to reasonably prohibit access to other animals.

6. Injury to animals by motorists:

      1. Every operator of a motor or other self-propelled vehicle upon the streets of the jurisdiction 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 shall immediately notify the Animal Control Department, furnishing requested facts relative to such injury.
      2. 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 Control facility or other appropriate facility and notify the Animal Control Department. Such animal may be taken in by the Animal Control facility and dealt with as deemed appropriate under the circumstances.
      3. Emergency vehicles are exempted from the requirements of this provision.

7. Animals for fighting.

      1. It shall be unlawful for any person, form or corporation to raise, keep or use any animal, fowl or bird for the purpose of fighting or baiting; and for any person to be a party to or be present as a spectator at any such fighting or baiting animal or fowl; and for any person, form or corporation to knowingly suffer or permit the use of his building, shed, rooms, yards, grounds or premises for the purposes aforesaid.
      2. Law enforcement officers or Animal Control Department 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 of 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.

8. Killing of birds: It shall be unlawful for any person to take or kill any birds, or to

rob or destroy any nest, egg or young of any bird in violation of the laws of the State of Utah.

9. Malicious impounding: It shall be unlawful for any person maliciously to secrete

or impound he animal of another.

Section 4-26. Sale of animals.

1. Rabbits or fowl: It shall be unlawful for any person to sell, offer for sale, barter or give away any baby rabbits or fowl under two (2) months for age in any quantity less than six (6). Such animals shall not be artificially died or colored. Nothing in this provision shall be construed to prohibit the raising of such rabbits and fowl by a private individual for his personal use and consumption, provided that he shall maintain proper brooders and other facilities for the care and containment of such animals while they are in his possession.

2. Premiums and novelties: It shall be unlawful for any person to offer as a premium, prize, award, novelty, or incentive to purchase merchandise, any live animal.

3. Pet turtles: It shall be unlawful for any pet shop to raise or sell any Pseudonyms Scripta-Elegans, or P. Troostii family Testudiniae, "pet turtles".

Section 4-27. Wild animals.

      1. It shall be unlawful for any person to sell, offer for sale, barter, give away, keep or purchase any wild animal as defined in Section 1 above which is fierce, dangerous, noxious, or naturally inclined to do harm, except the animal shelter, a zoological park, veterinary hospital, humane society shelter, public laboratory, circus, sideshows, amusement show, or facility for education or scientific purposes may keep such an animal from escaping or injuring the public as provided.
      2. It shall be unlawful for any person to keep any animal of a species prohibited or protected by Title 50 of the Code of Federal Regulations or by any regulation or law of the State of Utah.

Section 4-28. Regulatory permits.

    1. Commercial permits: It shall be unlawful for any person to operate or maintain a kennel, cattery, per shop, groomery, riding stable, veterinary clinic or hospital or any similar establishment unless such person first obtains a regulatory permit from the Department of Animal Control, in addition to all other required licenses. 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 Control Department to that Department. Before the permit is issued, approval shall be granted by the Grantsville City – Tooele County Health Department and appropriate zoning authority and the Animal Control Department.
    2. Sportsman’s permit:
    1. Where permitted by the "Land Use Development and Management Code," owners may keep up to for (5) dogs in appropriate zoning districts provided:
        1. Such dogs are individually licensed;
        2. Approval is granted by the appropriate zoning authority and the County Health Department;
        3. Approval of the Grantsville City Animal Control Officer;
        4. Adequate runs (not necessarily concrete) are provided;
        5. Other provisions of this ordinance are complied with, and no dog or premises is deemed to be a nuisance.

b. The holder of a permit issued under this section may keep one litter intact until the dogs reach six (6) months of age; one animal from the litter may be retained until it reaches twelve (12) months of age. At no time may the holder of the permit retain more than six (6) dogs over six (6) months of age nor more than five (5) dogs over one year of age.

3. Display of permit: A valid permit shall be posted in a conspicuous place in each establishment, and said permit shall be considered as appurtenant to the premises and not transferable to another location. The permittee shall notify the Department of Animal Control within thirty (30) days of any change in his establishment or operation, which may affect the status of his permit. In the event of a change in ownership of the establishment, the permittee shall notify the Department of Animal Control immediately. Permits shall not be transferable from the owner to another.

4. Renewal of permit: Any permit issued pursuant to this section shall automatically expire on the December 31st immediately following date of issue. Within two (2) months prior to the expiration of the permit, the permittee shall apply for a renewal of the permit and pay the required fee. Any application made after December 31, except an application for a new establishment opening subsequent to the date, shall be accompanied by a late application fee in addition to the regular permit fee.

5. Permit fees:

      1. Kennels, catteries, groomeries, pet shops, veterinary clinics or hospitals:

Class A, 3-15 animals $25.00

Class B, 16-30 animals $40.00

Class C, 30 or more animals $50.00

    1. Riding stables $30.00
    2. Sportsman’s permit – dogs $25.00
    3. Late fee $25.00

1. Exemptions: 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 are excluded from the licensing requirements of this ordinance.

2. Inspections: All establishments required to be permitted under this ordinance, including holders of sportsman’s permits, shall be subject to periodic inspections, and the inspector shall make a report of such inspection with a copy to be filed with the Animal Control Department.

Section 4-29. Standards for permitted establishments.

The Department of Animal Control shall promulgate rules and regulations governing the operation of kennels, catteries, groomeries, pet shops, riding stables, and veterinary clinics or hospitals. Such rules and regulations shall provide for the type of structures, buildings, pens, cages, runaways 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 said animals, the control of noise and odors, and the protection of persons or property on adjacent premises; and other such matters as the Director shall deem necessary. Such rules and regulations shall have the effect of law; and violation of such rules and regulations shall be deemed a violation of this ordinance and grounds for revocation of a permit issued by the Department of Animal Control.

Section 4-30. Suspension or revocation of permit.

    1. 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 ordinance or any other law or regulation governing the establishment including noise, building and zoning ordinances;
      3. Conviction on a charge of cruelty to animals.

2. Procedure: If an inspection of kennels, catteries, groomeries, pet shops, riding stables, veterinarian clinics or hospitals, or the premises of the holder of a Sportsman’s permit reveals a violation of this ordinance, 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 ordinance 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 Department of Animal Control within five (5) days of the date of the notice.

3. Revocation or suspension: Any permit granted under this ordinance may be suspended or revoked by the City Council for violations listed in part (a) above. A minimum of five (5) days notice shall be given to the permittee advising his 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 ordinance have been met.

    1. Emergency suspension: Notwithstanding the other provisions of this ordinance, 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, or premises of the holder of a Sportsman’s permit which, in his judgement, constitutes a substantial hazard to public health, he may without warning, or hearing, issue a written notice to the permit holder or operator citing such condition specifying the corrective action to be taken. Such order may 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 a facility may be confiscated by the Animal Control Department and impounded or otherwise provided for according to the provisions of this ordinance.
    2. 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 Department of Animal Control.

 

Section 4-31. Procedure for court order.

Unless modified by the court, court orders pursuant to Section 15, 17 and 19 herein shall be filed according to the following minimum notice and procedure:

    1. The Director of Animal Control of his authorized representative shall petition the court for the desired action.
    2. The petition for the action together with supporting affidavits shall be served on the party against whom the action is taken at least five (5) days prior to the hearing.

Section 4-32. Violation.

Any person violating the provisions of this ordinance either by failing to do those acts required herein or by doing any act prohibited herein, shall be subject to a fine in an amount not to exceed $300.00 or imprisoned in the county jail not to exceed six (6) months, or both such fine and imprisonment. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such.

Section 4-33. Severability.

If any provision, clause, sentence or paragraph of this ordinance or the application thereof to any person or circumstances shall be held to be invalid, such invalid provision application, and to this end the provisions of this ordinance are hereby declared to be severable.

This ordinance shall become effective within thirty (30) days after the enactment thereof, if, within the thirty (30) day period, it has been published in a newspaper of general circulation with the City of Grantsville. If not published at such time, then immediately upon its first publication thereafter.

 

UPDATED 10/04