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HomeMy Public PortalAboutORD-CC-2007-12ORDINANCE # 2007-12 AN ORDINANCE REPEALING CITY OF MOAB MUNICIPAL CODE CHAPTER 6.04, ANIMAL CONTROL AND REPLACING IT WITH CHAPTER 6.04, ANIMAL CONTROL WHEREAS, the City of Moab has a duty and responsibility to protect and preserve the health, safety, and well-being of its residents; and WHEREAS, the ability of Moab residents to own and care for household pets in a well regulated environment adds to the quality of life enjoyed by Moab residents; and WHEREAS, it is the responsibility of owners and caretakers of household pets to ensure the well-being of these household pets and it is the responsibility of owners and caretakers of household pets to ensure that their household pets do not negatively affect the health, safety, well-being, comfort and convenience of other Moab residents and property owners; NOW, THEREFORE BE IT FINALLY ORDAINED BY THE MOAB CITY COUNCIL THAT Chapter 6.04, Animal Control of Moab Municipal Code is hereby repealed and replaced with Chapter 6.04, Animal Control, as follows: Chapter 6.04 Animal Control Sections: 6.04.010 DEFINITION 6.04.020 OBSTRUCTING ANIMAL CONTROL AND ANIMAL SHELTER ACTIVITIES 6.04.030 LICENSING OF DOGS AND CATS 6.04.040 DOG AND CAT LICENSING —CERTIFICATION 6.04.050 DOG AND CAT LICENSING —RECEIPT AND TAG 6.04.060 ANNUAL LICENSE —FEES FOR UN -NEUTERED OR UN -SPAYED DOGS AND CATS 6.04.070 LIFETIME LICENSE -FEES FOR NEUTERED OR SPAYED DOGS AND CATS 6.04.080 TAG —DUTY OF OWNER OR CARETAKER TO ATTACH 6.04.090 LICENSED CATS PERMITTED TO ROAM 6.04.100 CATS NOT SPAYED OR NEUTERED RESTRICTED TO OWNERS PROPERTY 6.04.110 TAG -REMOVAL BY PERSON OTHER THAN OWNER OR CARETAKER UNLAWFUL 6.04.120 TAG -REPLACEMENT 6.04.130 CHANGE OF OWNERSHIP OF DOG OR CAT 6.04.140 LIMIT OF NUMBER OF DOGS OR CATS KEPT ON PREMISES 6.04.150 RECORDS TO BE KEPT 6.04.160 ANIMAL QUARTERS PENS AND RUNS 6.04.170 RABIES -VACCINATION REQUIRED 6.04.180 RABIES -VACCINATION TAG 6.04.190 RABIES -QUARANTINE 6.04.200 RABIES -EXAMINATION OF BITING ANIMAL REQUIRED 6.04.210 RABIES -POLICE AUTHORITY 6.04.220 IMPOUNDMENT -ANIMAL CONTROL OFFICER AUTHORITY 6.04.230 IMPOUNDMENT -REGISTRATION 6.04.240 IMPOUNDMENT -NOTICE 6.04.250 IMPOUNDMENT -REDEMPTION OF ANIMAL WITHOUT TAG 6.04.260 IMPOUNDMENT OF REGISTERED ANIMAL RUNNING AT LARGE THAT HAS NOT BEEN SPAYED OR NEUTERED 6.04.270 IMPOUNDMENT -REDEMPTION TERM 6.04.280 IMPOUNDMENT -FEES 6.04.290 DISPOSAL -RELEASE 6.04.300 DISPOSAL --EUTHANASIA 6.04.310 DOGS RUNNING AT LARGE -AUTHORITY TO APPREHEND 6.04.320 DOGS OR CATS IN PUBLIC PLACES --PROHIBITED 6.04.330 DOGS OR CATS IN PUBLIC PLACES -PROHIBITED -EXCEPTION FOR WRITTEN PERMISSION 6.04.340 FEMALE DOGS OR CATS IN HEAT -CONFINED 6.04.350 DOGS IN PUBLIC PLACES -MAXIMUM LENGTH OF LEASH 6.04.360 DOG FIGHTS 6.04.370 DANGEROUS DOGS PROHIBITED 6.04.380 FIERCE OR DANGEROUS DOGS-EUTHANIZING 6.04.390 ABANDONMENT UNLAWFUL 6.04.400 ABANDONING DISEASED ANIMALS 6.04.410 LIVESTOCK RUNNING AT LARGE PROHIBITED 6.04.420 LEADING OR RUNNING AT LARGE OF WILD ANIMALS PROHIBITED 6.04.430 CONVEYANCE OF LIVESTOCK THROUGH CITY 6.04.440 CRUELTY TO ANIMALS A CLASS B MISDEMEANOR 6.04.450 KILLING OR INJURING ANIMALS WITH VEHICLE 6.04.460 SANITATION OF PET SHOPS 6.04.470 PREMISES CONFINING ANIMALS 6.04.480 BARNS AND STABLES 6.04.490 REMOVAL OF DEAD ANIMALS 6.04.500 POISONING ANIMALS 6.04.510 NUISANCE DOGS 6.04.520 ANIMALS GRAZING ON PUBLIC PROPERTY 6.04.530 ANIMALS RUNNING AT LARGE 6.04.540 GUARD DOG -PERMIT REQUIRED 6.04.550 GUARD DOG -CONFINEMENT PROVISIONS 6.04.560 GUARD DOG -SEIZURE AND IMPOUNDMENT UPON VIOLATION 6.04.570 POLICE OFFICER -AUTHORITY 6.04.580 POLICE OFFICER —ASSISTANCE 6.04.590 VIOLATION —PENALTY 6.04.010 Definitions. Animal Control Officer. A law enforcement officer charged with the responsibility of enforcing this ordinance and all applicable state animal control laws and regulations. Animal Shelter Manager. A City employee charged with the responsibility of overseeing the operation of the City animal shelter. Caretaker. A person providing shelter or food or otherwise caring for a dog or cat. Cat. Any animal of the species Felis catus. City. The City of Moab, Utah. Dangerous dog. A dog with a known propensity for or history of unprovoked attacks against or intimidation of people or animals, as determined by the Animal Control Officer. Dog. Any animal of the species Canis familiaris. Guard Dog. A dog specifically used to protect property and to guard against or watch for unwanted people or animals. Owner. A person having financial or property interest in a dog or cat and providing shelter or food or otherwise caring for the animal. Pen or Run. An enclosed area where an animal or animals are kept. Running at large. Being off the premises of the owner or caretaker and not under the control of the owner or caretaker or a member of his or her immediate family by leash or other means of physical control. Service or assistant dogs. Any guide dog, signal dog, or other dog individually trained to provide aid or assistance to individuals with disabilities or special health needs as defined in Utah State Code 62A-5B-102. State. The State of Utah. Vaccinations. The standard series of inoculations given to dogs or cats to prevent the spread of disease. 6.04.020 Obstructing animal control and animal shelter activities. No person shall remove any animal from the custody of the Animal Control Officer or the Animal Shelter Manager or out of the animal shelter by stealth or by force. No person shall interrupt or hinder the Animal Control Officer or Animal Shelter Manager in the discharge of their duties. 6.04.030 Licensing of dogs and cats. Every dog or cat owner or caretaker within City limits shall license every dog and cat they own or care for over the age of six months, and shall pay to the City applicable license fees as set by resolution. 6.04.040 Dog and cat licensing -Certification. The owner or caretaker of a dog or cat shall state at the time the application for a license is made the owner's name and address, and the sex, breed, and color of the dog or cat for which such application is being made. The owner or caretaker shall also present a certificate from a licensed veterinarian stating that the dog or cat has been vaccinated for the prevention of rabies, and such certificate must give the last date of vaccination and the number of the vaccination tag issued by the veterinarian at the time of the vaccination. 6.04.050 Dog and cat licensing -Receipt and tag. It is the duty of the dog or cat owner or caretaker to attach to the dog or cat the metallic license tag issued upon payment of the applicable license fee. Proof of current rabies vaccination for each dog or cat shall be provided to the City before a license tag is issued. A. In the case of annual licensing, the license receipt and metallic license tag shall be valid and enforced during the calendar year for which it is issued, and until the first day of January of the next succeeding year. B. In the case of lifetime licensing as contained in 6.04.070, the license tag shall be valid and enforced for the life of the dog or cat. 6.04.060 Annual license -Fees for un-neutered and un-spayed dogs and cats. The fee for an annual license under this chapter for an un-neutered male dog or cat, or for an un-spayed female dog or cat shall be set by resolution. No registration tag will be issued for a sum less than the full annual fee, except, however, the license fee may be waived for in-service or assistant dogs. Proof of current rabies vaccination for each dog or cat shall be provided to the City before an annual license is renewed. 6.04.070 Lifetime license -Fees for neutered or spayed dogs and cats. There shall be no fee for a lifetime license under this chapter provided that the following requirements are met: A. Male dogs or cats have been neutered. B. Female dogs or cats have been spayed. C. Proof of rabies vaccination has been provided to the City upon initial licensing and prior to the thirty-first day of December of each year. Failure to provide proof of current rabies vaccination shall result in revocation of the lifetime license. D. The owner or caretaker of a dog or cat holding a lifetime license shall notify the City of a change of address or ownership within thirty days. E. For animals less than six months of age, proof of spay or neuter must be submitted within six months of licensing date. 6.04.080 Tag -Duty of owner or caretaker to attach. A. It is the duty of the owner or caretaker of any dog or cat to provide a suitable collar for each dog or cat. Each pet's license tag shall be attached to the collar and must be worn at all times when off the premises of the owner or caretaker. B. In place of a collar and tag an owner or caretaker of a cat may have the license number tattooed in the cat's ear. C. Proper licensing may also be accomplished through the use of implanted microchips or other means as approved by the Animal Control Officer. 6.04.090 Licensed cats permitted to roam. Properly licensed cats that have been spayed or neutered and are current on rabies vaccinations shall be permitted to roam. 6.04.100 Cats not spayed or neutered restricted to owners property. Cats that are not spayed or neutered must remain on the owner's or caretaker's property under physical control and shall be prevented by the owner or caretaker from leaving the property. 6.04.110 Tag -Removal by person other than owner or caretaker unlawful. It is unlawful for any person other than the owner or caretaker to remove the license tag from any dog or cat. 6.04.120 Tag -Replacement. Any owner of a licensed dog or cat whose license tag has been lost shall secure a replacement tag by paying a fee established by resolution. 6.04.130 Change of ownership of dog or cat. Whenever the ownership of a dog or cat changes, the new owner shall notify the City and pay a sum established by resolution, whereupon the City shall change the record accordingly for such dog or cat. 6.04.140 Limit of number of dogs or cats kept on premises. No more than two dogs over the age of six months may be licensed to be kept at any dwelling. No more than three cats over the age of six months shall be kept at any dwelling. 6.04.150 Records to be kept. The City shall maintain a complete registry of all licensed dogs and cats, describing the same by name of owner, address, name, breed and number on the license tag. 6.04.160 Animal quarters pens and runs. All animal quarters, pens, runs and other structures or locations in which dogs, cats or other household pets are kept shall be kept in a clean, sanitary and healthy manner. All such areas shall be maintained as necessary to prevent odor or health and sanitation problems. The owner or occupant of any premises permitting such conditions who does not abate unhealthy or unsanitary conditions in these areas within three days of notification by the Animal Control Officer shall be guilty of a misdemeanor. 6.04.170 Rabies ----Vaccination required. It is unlawful for any owner or caretaker to keep a dog or cat over the age of six months within City limits unless the dog or cat has been vaccinated for rabies by a licensed veterinarian, and the period of immunization specified by the veterinarian has not expired. The owner or caretaker of the dog or cat shall possess a certificate from the veterinarian showing the date of the last vaccination and the number of the vaccination tag issued by the veterinarian at the time of vaccination. 6.04.180 Rabies -Vaccination tag. Every owner or keeper of any dog or cat shall attach the animal's vaccination tag to the collar of the dog or cat, to be worn at all times by the animal. Alternative means of displaying the vaccination information such as through the use of implanted microchips may be approved by the Animal Control Officer. 6.04.190 Rabies -Quarantine. A. Any animal that bites or exposes a person or another animal to the possibility of contracting rabies shall be impounded and quarantined for a period of ten days. The owner or caretaker of the animal shall be liable for the cost of impoundment and quarantine. 1 If the animal has a current rabies vaccination the Animal Control Officer may allow the animal to be quarantined at the residence of the owner or caretaker. Any animal so quarantined shall be contained solely on the property of the owner or caretaker and shall have no contact with other animals. B. The animal shall be examined immediately after it has bitten anyone and again at the end of the ten-day period. If at the end of the ten days, an Animal Control Officer is convinced that the animal is free from rabies, the animal shall be released from quarantine. C. If the animal dies in the meanwhile, the Animal Control Officer, the Animal Shelter Manager or a duly appointed agent shall notify proper public health officials and shall follow the requirements of state law. The owner of the animal shall be financially liable for the cost of the any examinations or investigations that may result. D. Anyone with knowledge that an animal has bitten a person or has exposed the person to the possibility of contracting rabies shall immediately notify the Animal Control Officer. 6.04.200 Rabies -Examination of biting animal required. A. An impounded animal shall be observed and shall be examined by a veterinarian. B. It is unlawful for the owner or caretaker of any animal that has bitten a person or animal or has exposed a person or animal to the possibility of contracting rabies to fail, refuse or neglect to allow, or in any way prevent, an examination of such animal by a licensed veterinarian upon the request of an Animal Control Officer, the Animal Shelter Manager, a police officer, the city manager, or an official of the district health department, or to fail, refuse or neglect to allow, or in any way prevent, such animal from being impounded or quarantined. 6.04.210 Rabies -Police authority. Animal Control Officers and police officers who reasonably suspect an animal is infected with rabies may dispose of the animal in accordance with Utah Administrative Code Rule R386-702. It shall be the duty of any person owning or exercising control over such animal to surrender the animal to any police officer or Animal Control Officer upon demand. 6.04.220 Impoundment -Animal Control Officer authority. A. The Animal Control Officer shall have the authority to apprehend and impound any dog found running at large in the within City limits. B. Any person apprehending any dog running at large on his property may deliver the dog to the Animal Control Officer for impoundment. C. At the discretion of the Animal Control Officer, such dogs may be returned to the owner or caretaker if the dog is properly licensed as outlined in 6.04.060. D. The Animal Control Officer shall have the authority to impound any cat running at large without a license tag or ear tattoo or other form of license identification approved by the Animal Control Officer. 6.04.230 Impoundment -Registration. The Animal Control Officer, Animal Shelter Manager or a duly appointed agent shall immediately upon impounding any dog or cat make a complete registry entry, detailing the breed, color and sex of such animal and whether properly licensed, if known. If the dog or cat is properly licensed, the Animal Control Officer, Animal Shelter Manager or a duly appointed agent shall enter the name and address of the owner and the number of the license tag. If known and if bearing a vaccination tag, the number of such tag shall be recorded. 6.04.240 Impoundment -Notice. When any properly licensed dog or cat shall be impounded pursuant to this chapter, the Animal Control Officer, Animal Shelter Manager or a duly appointed agent shall give notice in person or by mail or telephone to the owner of such properly registered animal, and shall provide the reason for the impoundment. Written or oral notice given to the owner or caretaker or to any member of his or her household over the age of fourteen years shall be considered adequate notice. 6.04.250 Impoundment -Release of animal without tag. A. Any properly licensed dog or cat impounded or taken up for being at large without a license tag or equivalent identification such as an implanted microchip may be redeemed by the owner or caretaker of the animal upon payment to the City of impoundment fees as set by resolution. A dog or cat without a license tag or equivalent identification such as implanted microchip that has not been spayed or neutered shall not be released from impoundment. B. Impoundment fees and costs and applicable fines may be applied to the cost of spaying or neutering the dog or cat. 6.04.260 Impoundment of registered animal running at large that has not been spayed or neutered. In the case of a properly registered dog or cat impounded or taken up for being at large that has not been spayed or neutered and has been impounded or taken up for being at large two times within any consecutive 12-month period, the owner or caretaker of said dog or cat shall be subject to a spay or neuter deposit prior to the release of the animal. Said deposit fee shall be refunded if the dog or cat owner or caretaker presents proof of spay or neuter within 30 days of release. 6.04.270 Impoundment -Release terms. All releases of animals from the animal shelter shall be governed by the City of Moab Animal Shelter Policies and Procedures Manual. 6.04.280 Impoundment -Fees. Any person redeeming an impounded dog or cat shall pay a fee established by resolution. 6.04.290 Disposal -Release. Disposal of all animals at the animal shelter shall be governed by the City of Moab Animal Shelter Policies and Procedures Manual. 6.04.300 Disposal -Euthanasia. Disposal by euthanasia of any animal at the animal shelter shall be governed by the City of Moab Animal Shelter Policies and Procedures Manual. 6.04.310 Dogs running at large -Authority to apprehend. A. It is unlawful for the owner or caretaker of any dog to permit a dog to run at large at any time within City limits. B. The Animal Control Officer shall have the authority to apprehend and impound any dog found running at large within City limits. C. The Animal Control Officer shall have the authority to enter and go upon the premises of an owner or caretaker of a dog in pursuit of that dog when found running at large. 6.04.320 Dogs or cats in public places -Prohibited. No dogs or cats shall be permitted on the premises of any church, public hall, library, public garage, gas station, restaurant, other eating establishment, office, store (excluding a pet shop), market, or school grounds during the times that such places are open and doing business, as per the provisions of the applicable health codes. An exception to this provision shall be made in the case of a service or assistant dog in service to a person with a disability exercising his or her right to access public facilities under the provisions of the Americans With Disabilities Act and Utah Code sections 62A-5b-102 through 62A-5b-106. 6.04.330 Dogs or cats in public places -Prohibited -Exception for written permission. No dogs, cats or other animals shall be permitted, even though on leash, to be on or upon the premises of any church, public hall, school premises or grounds, including City parks, except upon written permission of the authority exercising control over such property An exception to this provision shall be made in the case of a service or assistant dog in service to a person with a disability exercising his or her right to access public facilities under the provisions of the Americans With Disabilities Act and Utah Code sections 62A-5b-102 through 62A-5b-106. 6.04.340 Female dogs or cats in heat -Confined. A female dog or cat in heat shall be confined in a manner that prevents the dog or cat from coming in contact with other dogs or cats except for planned breeding. 6.04.350 Dogs in public places -Maximum length of leash -Exception. Leash length shall be sufficient to provide control over the dog. Non -retractable leashes shall be no greater than eight feet in length. This provision shall not apply to in- service or assistant dogs or dogs assigned to law enforcement officers as part of the law enforcement officers' official duties. 6.04.360 Dog fights. It is unlawful for any person within the limits of the City to in any manner whatever encourage or urge dogs or any other animals or fowl to fight or urge them on after they commence to fight. It shall be unlawful for any person within the limits of the City to place or collect wagers on any form of animal fighting. 6.04.370 Dangerous dogs -Prohibited. A. It shall be illegal to harbor or keep a dangerous dog within city limits. B. The Animal Control Officer shall have the authority to declare a dog as dangerous, following a determination that the dog has a propensity for or a history of unprovoked physical attacks on persons or animals, or if the animal has a propensity for or a history of unprovoked physical intimidation of persons or animals. C. Following the determination that a dog is dangerous, the Animal Control Officer shall issue a citation to the owner or caretaker of the dog informing the owner or caretaker that the dog must be euthanized or removed from City limits within five days. D. lf, following the five day notice period, the dangerous dog is found within city limits, the Animal Control Officer and law enforcement officers shall have the authority to impound the dog, and the Animal Control Officer, Animal Shelter Manager or duly authorized agent shall have the authority to have the dog euthanized. E. The owner or caretaker of the dog declared as dangerous must appeal to the appropriate court the decision to euthanize the dog within the five day notice period. Notification of successful appeal must be presented to the City within the five day notice period. F. If, during or following the five day notice period, the dangerous dog is found running at large within City limits, the Animal Control Officer and law enforcement officers shall have the authority to have the dog euthanized. G. In the discharge of their duties regarding dangerous dogs, the Animal Control Officer and law enforcement officers shall be authorized to enter the premises and property of the owner or caretaker of a dog determined to be dangerous in order to impound the dog. 6.04.380 Fierce or dangerous dogs-Euthanizing. The Animal Control Officer and law enforcement officers shall have the authority to euthanize or kill, or cause to be euthanized or killed, any dog found running at large that, in the judgment of the officers, poses a threat to the health and safety of persons or animals, or poses a threat to property. 6.04.390 Abandonment unlawful. It is unlawful for any person to abandon any animal or turn the same out at large within the limits of the City. 6.04.400 Abandoning diseased animals. It is unlawful for any person to abandon or turn out at large any sick, diseased, injured or disabled animal. Such animal shall be euthanized by a veterinarian or other qualified individual approved by the Animal Control Officer or the Animal Shelter Manager. Animal Control Officers and police officer shall have the authority to kill or euthanize and dispose of any animals found running at large within City limits that are incapacitated by sickness, disease, injury or other disability, or that present a threat to the health and safety of persons and animals or present a threat to property. 6.04.410 Livestock running at large prohibited. No person shall permit any cattle, horses, mules, swine, sheep or goats or other livestock to run at large within the City. 6.04.420 Leading or running at large of wild animals prohibited. No person shall permit any wild or other dangerous animal to run at large, nor lead any such animal over any public road or on any public place within City limits. 6.04.430 Conveyance of livestock through City. All livestock shall be conveyed in motor vehicles within the City and it shall be unlawful for any person to drive any domestic animal or livestock through or upon any public thoroughfare of the City without a permit issued by the City. 6.04.440 Cruelty to animals a class B misdemeanor. Every person who, within the limits of the City, is cruel to animals in any of the following ways, is guilty of a class A misdemeanor: A. By overloading, overdriving, overworking, cruelly beating, torturing, tormenting, mutilating or cruelly killing any animal or causing or knowingly allowing the same to be done; B. By cruelly working any old, maimed, infirm, sick or disabled animal, or causing or knowingly allowing the same to be done; C. By failing as owner or caretaker to provide an animal with proper food, drink and shelter; D. By abandoning or turning out at large any animal; E. By carrying or driving, or causing to be carried, driven or kept, any animal in an unnecessarily cruel manner; F. By carrying or driving, or causing to be carried or driven, any animal bound or tied by its legs or bound down by the neck, so that it cannot freely stand in an upright position while being transported. G. By leaving an animal unattended in a vehicle when the conditions in that vehicle would constitute a health hazard to the animal. Animal Control Officers and police officers shall have the authority to open the vehicle and remove said animals if in the judgment of the officer the animal is in imminent danger. In such cases the officer and the City shall not be responsible for any damage done to the vehicle through the efforts to remove the animal. 6.04.450 Killing or injuring animals with vehicle. No person shall willfully injure, beat, abuse or run down any animal with a vehicle. Any person who kills or injures an animal while driving a vehicle shall stop at the scene of the accident and render such assistance as practicable, shall make a reasonable effort to locate and identify himself to the owner of or any person having custody of the animal, and shall report the accident immediately to the Animal Control Officer or law enforcement officers. 6.04.460 Sanitation of pet shops. Any person operating a pet shop shall keep the premises in a clean and sanitary condition at all times. Pet shops shall be subject to inspection by authorized State or district health department personnel. 6.04.470 Premises confining animals. Premises where animals are confined shall be shall be maintained in a neat and sanitary condition. 6.04.480 Barns and stables. A. No manure or barn cleanings shall be stacked or caused or permitted to be stacked or piled within two hundred feet of any dwelling, unless stored in a closed bin covered to prevent pest and insect infestation. B. No owner, lessee or occupant shall keep in an unsanitary condition or improperly ventilated any barn or stable. C. Except for household pets, no animal shall be kept or maintained closer than one hundred feet from a dwelling other than the dwelling of a owner or caretaker of the animal. No barn, pen or corral shall be kept or maintained closer than one hundred feet to any street. D. No chicken coop, house, pen, or any other structure used for the containment of fowl, including pigeons, except for household pets, shall be kept or maintained at a distance closer than one hundred feet from the door or windows of any dwelling other than the dwelling of the animal owner or caretaker. 6.04.490 Removal of dead animals. It is unlawful for the owner of any animal or fowl that dies within City limits to fail to remove the carcass of such animal from City limits within ten hours after its death 6.04.500 Poisoning animals. It shall be unlawful for a person to throw or deposit poisoned meat or any poison or harmful substance in any street, alley, marketplace or public place, or on any private premises, in the City for the purpose of destroying or injuring any animal. This provision does not apply to efforts to exterminate insects and rodents. In the case of efforts to exterminate insects and rodents, distribution of poisons shall be controlled to prevent consumption of or contact with the poison by any persons or animals other than those targeted for extermination. 6.04.510 Nuisance dogs A. The Animal Control Officer shall have the authority to deem a dog as a nuisance. A dog shall be deemed a nuisance if it: 1. Barks or makes disturbing noises in an excessive, continuous or untimely fashion; 2. Defecates on public property or on private property without the prior permission of the property owner and the animal's owner or caretaker fails to dispose of the feces in an appropriate manner; 3. Threatens or intimidates persons or animals passing by; 4. Chases pedestrians, bicycles or motor vehicles; 5. Trespasses on public or private property and causes damage; or 6. Creates an offensive or dangerous situation for persons or animals or poses a threat to property. B. Owners and caretakers of nuisance dogs shall be responsible to control their dogs in a manner that leads to the cessation of the nuisance behavior. C. The Animal Control Officer shall be authorized to impound the nuisance dog if the owner or caretaker of the dog fails to control the dog in a manner that eliminates the nuisance behavior or fails to remove the dog from within City limits within three days from the time the owner or caretaker receives a written citation from an Animal Control Officer or law enforcement officer. D. If the owner or caretaker of the dog is not present when the Animal Control Officer deems the dog as a nuisance, the Animal Control Officer shall have the authority to summarily impound the dog. E. The owner or caretaker of an impounded dog shall be notified according to the provisions of 6.04.220. 6.04.520 Animals grazing on public property. The owner or caretaker of any animal shall not allow the animal to graze on public property, or to be staked out on public property. 6.04.530 Animals running at large. Except for the provisions of 6.04.090 (Registered cats permitted to roam) the owner or caretaker of any animal shall not allow the animal to run at large within City limits or to trespass on public property or private property without the prior approval of the property owner. Except for the provisions of 6.04.090 (Registered cats permitted to roam) the Animal Control Officer and law enforcement officer shall have the authority to impound any animal found to be running at large within City limits. 6.04.540 Guard dog---Permit---Required. No person shall keep any guard dog for the purpose of guarding or protecting real or personal property in the City without first obtaining a permit from the City and paying a fee established by resolution. The permit shall list the location at which the dog is td be kept, and shall be non -transferable to any other location. Guard dog permits shall expite after one year from the date of issuance. 6.04.550 Guard dog -Confinement provisions. No person shall keep any guard dog for the purposes of guarding or protecting real or personal property unless such dog is securely confined within a building or enclosure. Owners of properties utilizing guard dogs shall have adequate safeguards to prevent the entry onto the property by children and accidental or unintentional entry onto the property by any persons. Properties utilizing guard dogs shall declare the potential danger at each entrance, door and gate, and shall have warning signs posted at intervals of no more than 100 feet along all fences surrounding the property or buildings. 6.04.560 Guard dog -Seizure and impoundment upon violation of Sections 6.04.560 through 6.04.580. It is unlawful for any person, firm, corporation or association utilize a guard dog without following the procedures outlined in 6.04.560-6.04.580, and the Animal Control Officer shall be authorized under these circumstances to impound the dog. 6.04.570 Police officer -Authority. It is lawful for any police officer of the City to do or perform any act or duty required, authorized or permitted to the Animal Control Officer. 6.04.580 Police officer -Assistance. It is lawful for the Animal Control Officer, in the performance of his or her duties, to call for and accept the assistance of any law enforcement officer. 6.04.590 Violation -Penalty. Any person violating any provision of this chapter, whether by act of commission or act of omission, unless otherwise specified, shall be guilty of an infraction, and upon conviction thereof, shall be liable to punishment by a fine of not more than five hundred dollars. THIS ORDINANCE SHALL TAKE EFFECT IMMEDIATELY UPON PASSAGE. PASSED AND APPROVED in open Council by a majority vote of the Governing Body of Moab City Council on September 4, 2007. SIGNED: avi\diL. Sad on, Mayor EST: Rachel Ellison, Recorder art OF MOAB "4 ORDINANCES #2007-12 AN ORDINANCE �- REPEALING CM OFF- MOAB MUNICIPAL CODE CHAPTER 6.04, ANIMAL CON- TROL AND REPLAC- ING IT WITH CHAP- TER 6.04, ANIMAL CONTROL Ordinance #2007- 12 was adopted at a Regular City Coun- cil Meeting held on September 4, 2007 at the Moab City Coun- cil Chambers; 217 East- Center Street. Moab, Utah 84532. A complete copy of Ordinance #2007-12 is available online at: www.moabcity.org or at the City of Moab Re- corder's Offiee at 217 East Center Street. Moab, Utah 84532 /sl,Rachel Ellison, City Recorder Published in The Times -Independent, Moab, Utah Septem- ber 27, 2007. Proof of Publication STATE OF UTAH, County of Grand, ) SS. Zane W. Taylor, being first duly sworn accord- ing to law, deposes and says: That he is the pubisher of The Times -Independent, a weekly newspaper of general circulation, published every Thursday at Moab, Grand County, State of Utah; that the notice City of Moab Ordinance #2007-12 hereto attached, and which is made a part of this Affida- vit of Publication, was published in said newspaper for a period of 1 consecutive issues, the first publication date having been made September 27, 2007 ; and the last on ; and the said notice was published in each and every copy of said newspaper during the period and time of publication, and that it was published in the newspa- per proper and not in a supplement thereof. •� ublisher Subscribed and sworn before me this Notary Public Residing in Moab, Utah My Commission Expires NOTARY PUBLIC SADIE WARNER 4481 Easy Street Moab, Utah 84532 My Commission Expires November 18, 2009 STATE OF UTAH • 0 0