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HomeMy Public PortalAboutORD-CC-2011-14ORDINANCE NO.2011-14 AN ORDINANCE AMENDING SECTION 6.04.510 OF THE MOAB MUNICIPAL CODE REGARDING NUISANCE DOGS WHEREAS, one of the major functions of the City Animal Control Officers is to deal effectively with nuisance animals; and WHEREAS, the current Moab Municipal Code does not deem a dog who bites or injures persons or other animals to be a nuisance; and WHEREAS, the State of Utah considers a dog that injures persons or other animals to be vicious; and WHEREAS, City Animal Control Officers should have the authority to deem a dog that bites or injures a person or other animals as a nuisance. NOW THEREFORE, WE THE GOVERNING BODY OF THE CITY OF MOAB do hereby amend Moab Municipal Code Section 6.04.510 to read as follows: 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. Birds, injures. 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. Ordinance #2011-14 July 12, 2011 o 0 E. The owner or caretaker of an impounded dog shall be notified according to the provisions of Section 6.04.220. This ordinance shall become effective immediately upon passage. DATED this 12th of July, 2011. David L. Saluison Mayor ATTEST: ,,,__GLd2 cy6„, Rachel Ellison City Recorder Ordinance #2011-14 July 12, 2011