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HomeMy Public PortalAboutORD-CC-1981-04. 1� ORDINANCE NO. 64/ AN ORDINANCE AMENDING MOAB CITY CODE, CHAPTER 4, ENTITLED ANIMALS AND FOWL, SECTIONS 4-1 THROUGH 4 - 4 0 . BE IT ORDAINED by the City Council of the City of Moab, Grand County, Utah, that Chapter 4, Sections 4-1 through 4-40 be, and the same is, hereby amended to read as follows: CHAPTER 4 ANIMAL CONTROL 4-1. Employment of Officers. The Chief of Police, with the consent of the City Council, shall employ one (1) or more Animal Control Officers for the City of Moab. Such Ani- mal Control Officer shall have the duty to enforce all provi- sions of this Chapter. The Animal Control Officer need not be a peace officer. He shall be subject to the supervision of the Chief of Police as may from time to time be provided by the Personnel Policies and Procedure Manual. 4-2. Poundkeeper, Office Designated. The office of the City Poundkeeper is established, and shall be filled by appointment of the Mayor. No person shall take his own animal or that of any other person out of the custody of the person holding the same for any damage done by it, or out of the City Pound by stealth or by force or to interrupt or hinder the Poundkeeper in the discharge of his duties. 4-3. Registration of Dogs. (1) It shall be unlawful for any person to own, keep or har- bor any dog over the age of six (6) months within the limits of the City without making application to the City Recorder for that purpose, and paying to the City Treasurer for the benefit of the City an annual registration fee. (2) The registrant shall state at the time the application is made the owners' name and address, and the sex, breed, and color of the dog for which such application is being made. The registrant shall also present a certificate from a licensed veterinarian stating that the dog has been vaccinated for the prevention of rabies, and such certi- ficate must dive the last date of vaccination and the number of the vaccination tag issued by the veterinarian at the time of the vaccination. ( 3 ) It shall be the duty of the City Recorder to register any dog upon application of the owner or keeper, and to issue a registration receipt and metallic registration tag on payment by the owner or keeper to the City Treasurer of the annual registration fee. Such registration ieceipt and metallic rer. i stration tack 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. 4-4. Annual Registration. The fee for a license under this Section shall be Two Dollars ($2.00) for a spayed dog, Five Dollars ($5.00) for an uncastrated male dog, and Ten Dollars ($10.00) for a female dog. No license will be issued for a sum less than the full annual fee, except, how- ever, the license fee shall be waived for trained, seeing -eye dogs. 4-5. Owners to Attach Tags. It shall be the duty of the owner or keeper of any dog so registered to provide a suitable collar for such dog to wear and to attach thereto the metallic registration tag. 4-6. Removal of Registration Tags. It shall be un- lawful for any person other than the owner to remove the collar from any dog to which collar has been attached the metallic registration tag herein required, or to remove said metallic registration tag from the collar to which it has been attached. 4-7. Replacement Tag. Any owner of a licensed dog or cat whose license tag has been lost may secure a replacement tag by paying a fee of Fifty Cents ($.50) to the City Recorder. 4-8. Change of Ownership of Dog or Cat. Whenever the ownership of a dog or cat shall change, the new owner shall notify the City Recorder and pay the City Recorder the sum of One Dollar ($1.00), whereupon the City Recorder shall change the record accordingly for such dog or cat. 409. Limit of Number of Dogs Kept on One (1) Premise. No more than two (2) dogs may be licensed to be kept at any family dwelling, provided that licenses for dogs previously issued may be renewed for such dogs. 4-10. Records to Be Kept. The City Recorder 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 City license tag. 4-11. Animal Kennels and Runs. It shall be unlawful for the owner or occupant of any premises on which a kennel, run or other structure for housing or keeping of animals is situated, to allow such kennel, run or other structure, or the premises on which the same is situated, to become unsanitary, unclean, or to emit undue stench or odor. the owner or occu- pant of any premises permitting such conditions to exist who does not abate such condition within three (3) days after no- tice thereof, shall be guilty of a misdemeanor. 4-12. Rabies Vaccination Required. (1) It shall be unlawful for any person to own, keep or har- bor a. dog over the age of six (6) months within the limits of this City unless such dog has been vaccinated for rabies by a licensed veterinarian within two (2) years preceding the date on which such dog is kept or harbored, and unless the owner or keeper of such dog has a certi- ficate from such veterinarian showing the date of the last vaccination and the number of the vaccination tag issued by the veterinarian at the time of vaccination. (2) Every owner or keeper of any dog shall cause to be attached to such dog's collar required by Section 405, a rabies vaccination tag for such dog. (3) Whenever an animal bites a person so as to cause an abra- sion of the skin, any person having knowledge of that fact shall immediately notify an Animal Control Officer, who shall have the dog impounded and quarantined for a period of ten (10) days, provided that if the animal has a cur- rent rabies vaccination the Animal Control Officer may allow the animal to be quarantined at the residence of the owner. Any animal so quarantined shall be chained or otherwise contained solely on the property of the owner. The animal shall be examined immediately after it has bitten anyone and again at the end of the ten (10) day period. If at the end of the ten (10) days, a veter- inarian is convinced that the animal is then free from rabies, the animal shall be released from quarantine or from the Pound as the case may be. If the animal dies in the meanwhile, it's head shall be sent to the State De- partment of Health for examination for rabies. The owner shall be liable to the City for the cost of such examina- tion. (4) It shall be unlawful for the owner or keeper of any ani- mal which has bitten a person so as to cause an abrasion of the skin to fail, refuse or neglect to allow, or in any way prevent an examination of such dog by a licensed veterinarian upon the request of an Animal Control Officer, a police officer, or official of the City and County health Department of Grand County, or to fail, refuse or neglect to allow, or in any way prevent, such animal from being impounded or quarantined. (5) Any animal suffering from rabies, or any animal bitten by any animal suffering from rabies, is a nuisance and such animal may be slain by any policeman, without notice to the owner thereof. It shall be the duty of any person owning or exercising agency over such animal to surrender any such animal to any policeman upon demand. 4-13. Impounding of Animals. (1) It shall be the duty of the Animal Control Officer to apprehend and impound any animal found running at large in the City. Any person apprehending any animal running at large on his property may deliver the same to the Animal Control Officer for impoundment in the City Pound. (2) The •Poundkeeper or his duly appointed agent shall imme- diately upon impounding of any dog or cat make a complete registry thereof, entering the breed, color and sex of such animal and whether licensed, if known. If licensed, he shall enter the name and address of the owner and the number of the license tag. If known and if bearing an innoculation tag, the number of such tag shall be recorded. (3) When any licensed dog or cat shall be impounded pursuant to this Article, the Poundkeeper shall forthwith give notice in person or by mail or telephone to the owner of such licensed animal, and the reason therefor. Written or oral notice given to the owner or keeper or to any mem- ber of his or her household over the age of fourteen (14) years, shall be construed as personal notice, and notice by mail shall be accomplished by depositing such notice in the mail, at the post office in Moab, addressed as above stated, postage prepaid. (4) Any dog or cat for which a license fee for the current year has been paid, which may during such year be impounded or taken up for being at large without a collar and tag, for which satisfactory proof shall be given to the City Recorder by affidavit of the owner thereof or by other sufficient testimony that such animal was so licensed and that a collar was put around its neck with a license tag attached thereto as provided in this Article, and that such collar has been lost or taken from such dog, may be redeemed by the owner of such animal upon payment to the City Recorder of a fee as hereinafter provided for the tak- ing up or impounding of such animal and the cost of keep- ing such animal while impounded. Upon any such animal being so redeemed, the City Recorder shall deliver to the owner thereof a new license tag upon payment to the City Recorder by such owner a fee of One Dollar ($1.00) for such tag. (5) An unlicensed dog or cat which shall have been impounded may be redeemed during the first two (2) days after being impounded by any person claiming to own, or to act -for the owner of, such animal, and after such two (2) days by any person on payment of the fees and costs set forth in this section. (6) For every dog or cat taken up and impounded as provided in this Article, there shall be paid to the City Recorder for the use of the City by any person desiring to redeem such animal the following sum as a fee for taking up or impounding such animal, plus the annual license fee pro- vided in this Article and the cost of keeping such dog while impounded. a. 'Five Dollars ($5.00) for the first taking up. b. Fifteen Dollars ($15.00) for the second taking up. c. Thirty Dollars ($30.00) for the third and subsequent takings within any one (1) year. 4-14. Disposal of Unredeemed Animals. (1) At the expiration of three (3) days from the date of no- tice to the owner, if any dog or cat licensed which has been impounded pursuant to this Article has not been re- deemed by the owner therof, the Poundkeeper, at his dis- cretion, may release any such animal to any person paying the fees provided in Section 4-13 in case of redemption, or may release any such animal with or without the payment of any fee or costs on the payment of such amounts, if any, as he shall determine. (2) If any unlicensed dog or cat is not redeemed within three (3) days after being impounded, it shall be sub- ject to being destroyed by order of the Poundkeeper; provided, that the Poundkeeper, in his discretion, may release any such animal to any person paying the fees provided in Section 4-13 in case of redemption, or may release any such animal with or without the payment of any fee or costs on the payment of such amounts, if any, as he shall determine. 4-15. Dogs or Cats Running at Large. (1) It shall be unlawful for the owner or keeper of any dog or cat, whether registered according to this Chapter or not, to permit said animal to run at large at any time within the limits of this City, and the owner of any such dog or cat found running at large shall mean off the premises of the owner or keeper and not under the control of the owner or keeper or a member of his immediate family, either by leash, cord, chain, or other means by which the animal can be adequately controlled. It shall be the duty of the Animal Control Officer to apprehend and impound any dog or cat found running at large within the limits of the City; and in the discharge of this duty such officers, when in pursuit of a dog or cat found running at large, shall have the right and are hereby authorized to enter and go upon the premises of the owner or :eeper of such animal and there apprehend the same. (2) No dogs or cats shall be permitted, even though on leash, to be on or upon any church premises, any public hall, public garage, gas station, restaurant, ice cream parlor or soft drink parlor, office, store, excluding a pet shop, market, confectionary shop, school premises or grounds at any time within the City during the time that such places are open and doing business. (3) No leash shall be greater than eight feet (8') in length, provided, however, that this section shall not apply to dogs leading blind persons. 4-16. Dogs or Cats Disturbing the Peace. It shall be unlawful for any person to harbor, keep, or own, within the limits of this City, any dog or cat which by barking, howling, yowling, yelping, or making other loud or unusual noises, dis- turbs the peace and quiet of any neighborhood, person, or persons. In addition to any fine which may be imposed, any person convicted of harboring or keeping any dog which disturbs the peace as aforesaid shall immediately cause such dog or cat to be removed from the City limits. Such animal is hereby declared a nuisance and in the event such animal is not imme- diately removed from the City limits by the owner or keeper, the Animal Control Officer shall destroy such animal. In the discharge of his duties hereunder, the Animal Control Officer shall have no liability and the City of Moab shall have no liability for any acts authorized by this section. 4-17. Dog Fights. It shall be unlawful for any person within the limits of this City to in any manner whatever en- courage or urge dogs or any other animals or fowls to fight or urge them after they commence to fight. 4-17. Fierce or Dangerous Dogs. It shall be unlawful for any person to harbor, keep, own, or possess a rabid, dan- gerous, vicious, or mischievous dog within the limits of the City, and any such dog is hereby declared to be a nuisance. Any dog found within the City may be declared by the Animal Control Officer to be a dangerous or vicious dog if the dog has bitten, attacked or attempted to bite or attack one (1) person under such circumstances in which the Animal Control Officer, in his sole discretion, deems to be unprovoked or un- justified. When the Animal Control Officer makes such deter- mination, he shall cause written notice to be given to the owner of such animal that said owner has five (5) days in which to destroy said animal or to remove said animal from the City limits of the City of Moab. Five (5) days after posting of said notice, if the animal is found within the City limits, it may be impounded and destroyed unless the decision of the Animal Control Officer is appealed as here- after provided. If, during the five (5) days, such dog is found running at large within the City limits, any person or police officer is authorized to kill or cause to be killed such dog wherever it may be found. Appeal of the Animal Control Officer's decision must be made to the Circuit Court within the five (5) day period of the notice and must be served upon the City within said five (5) days, in which event the Animal Control Officer shall not impound said dog during the appeal litigation, but notwithstanding such appeal, if the dog is found running at large it shall be subject to des- truction as if no appeal had been taken. In addition to any.fine which may be imposed, any person con- victed of harboring or keeping a rabid, dangerous, vicious, or mischievous dog within the limits of the City, shall immediately 'cause such dog to be removed from the City limits. In the event such dog is not immediately removed from the City limits by the owner or keeper, an Animal Control Officer or any pol- ice officer shall destroy such dog. In the discharge of their duties hereunder, such officers shall have the right and are hereby authorized to enter and go upon the premises of the owner or keeper of such dog and there apprehend or destroy the same. 4-19. Destruction of Dangerous Dogs. It shall be the duty of all Animal Control Officers and peace officers of the City to kill and destroy, or cause to be killed and des- troyed, any dog, whether registered or not, found running at large at any time within the limits of the City off the premises of the owner or keeper, when, in the judgment of such officer, it is necessary to kill such dog in order to maintain or to protect the health, safety, peace or property of the inhabitants of the City. 4-20 Abandoning Animals Within City Limits. It shall be unlawful for any person to abandon any animal or turn the same out at large within the limits of this City. 4-21. Livestock Running at Large Prohibited. No per- son shall permit any cattle, horses, mules, swine, sheep or goats or other livestock to run at large within the City. 4-22. Leading or Running at Large of Wild Animals Prohibited. No person shall permit any bear or other dangerous animal to run at large, nor lead any such animal with a chain or rope or other appliance (whether such animal is muzzled or unmuzzled) in any street, avenue, lane, highway or public place within the City. 4-23. Conveyance of Livestock Through City. A11 livestock shall be conveyed in motor vehicles within the City. It shall be unlawful for any person to drive any domestic animal or livestock through or upon any public thoroughfare of the City. 4-24. Cruelty to Animals. Every person who, within the limits of this City, is cruel to animals in any of the following ways, is guilty of a misdemeanor: (1) By overloading, overdriving, overworking, cruelly beat- ing, torturing, tormenting, mutilating or cruelly kill- ing any animal or causing or knowingly allowing the same to be done. (2) By cruelly working any old, maimed, infirm, sick or dis- abled animal, or causing or knowingly allowing the same to be done. (3) By unnecessarily failing to provide any animal in his charge or custody, as owner or otherwise, with proper food, drink and shelter. (4) By abandoning any old, maimed, infirm, sick or disabled animal. (5) By carrying or driving, or causing to be carried, driven or kept, any animal in an unnecessarily cruel manner. (6) 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. 4-25. Killing or Injuring Animals with Vehicle. No person shall wilfully 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 police department. 4-26. Sanitation of Pet Shops, Etc. No person shall keep, operate or conduct any place of business at which birds, pigeons, dogs or cats or other animals are kept for exhibition or sale or offered for sale, unless such place shall be kept in a clean and sanitary condition and subject at all times to the inspection of the Board of Health. The Board of Health is authorized and empowered to close such place of business if the same shall not be kept clean and sanitary, and to keep the same closed until the same shall be placed in a clean and sani- tary condition. 4-27. Premises Confining Animals. Wherever animals, including fowl, may be tethered, corraled, confined, sheltered or fed, the premises shall be maintained in a neat and sanitary condition, so that no nuisance due to unsightliness, odor, or pest breeding or harborage, shall be caused by such animals or premises. 4-28. Barns and Stables. (1) No manure or barn cleanings shall be stacked or caused or permitted to be stacked or piled within two hundred feet -8- (200') of any place used in whole or in part for dwelling purposes, unless stored in a closed bin covered to pre- vent breeding and access of flies thereto. (2) No owner, lessee or occupant shall keep in an unsani- tary condition or improperly ventilated any barn or stable or premises adjacent thereto or in connection therewith. (3) No person shall keep any live swine or pigs in the City, and, except for household pets, no animal shall be kept or maintained closer than one hundred feet (100') from a dwelling other than the dwelling of a person keeping or having such animal, and no barn, pen or corral shall be kept or maintained closer than one hundred feet (100') to any street. (4) No chicken coop, house, or pen, or any other structure used for the containment of fowl, including pigeons, ex- cept for household pets, shall be kept or maintained at a distance closer than one hundred feet (100') from the door or windows of any dwelling other than the dwelling of the person keeping or having the same. 4-29. Abandoning Diseased Animals. It shall be un- lawful for any person to abandon or turn out at large any sick, diseased, or disabled animal, but such animal shall, when ren- dered worthless by reason of sickness or other disability, be killed and disposed of by the owner. It shall be the duty of the Animal Control Officer and police officers to kill and dis- pose of any animals found running at large within the limits of the City which are worthless from sickness, disease, other disability, or which are dangerous, and such action is necessary for the protection of any person or property. 4-30. Removal of Dead Animals. It shall be unlawful for the owner of any animal or fowl that shall die or be killed within the limits of the City to fail to remove or bury the carcass of such animal within ten (10) hours after its death; provided, that no horse, cow, ox, or other animal shall be buried within the closely inhabited portion of the City. 4-31. Poisoning Animals. Every person who wilfully, unlawfully, and maliciously administers any poison to any ani- mal, the property of another, or maliciously exposes any poisonous substance with intent that the same shall be taken or swallowed by any such animal, is guilty of a misdemeanor. 4-32. Noise Caused by Animals. It shall be unlawful to harbor or keep any animal which disturbs the peace by loud noises at any time of the day or night. 4-33. Animals in Street. It shall be unlawful for any person being the owner or having the charge of any horse, cow, or other animal, to stake the same out or knowingly or intentionally turn the same loose upon the streets, alleys, or public grounds of the City, and every person being the owner of, or having the charge of any such animals, who shall know- ingly and intentionally allow and suffer the same to be at large and graze upon the streets, alleys, or public grounds of the City; is guilty of a misdemeanor. 4-34. Animals Running at Large. Every person who per- mits or allows any cattle, horses, swine, sheep, goats, or fowl to run at large within the City, or to trespass on the property of another within the limits of the City, is guilty of a mis- demeanor. Any such animal running at large in the City shall be impounded in the manner provided in section 4-13 hereof. 4-35. Registration of Cats. Every cat owner within the City limits shall cause each cat over six (6) months of age owned by him to be registered with the City and shall pay to the City an annual registration fee as follows: For a male cat, Five Dollars ($5.00); for a neutered male cat, Two Dollars ($2.00) ; for a female cat, Ten Dollars ($10. 00) ; for a neutered female cat, Two Dollars ($2.00) . 4-36. Cats to Be Provided with Collar or Harness. Every cat within the City limits shall be provided by its owner with a collar or harness made of leather, metal or other sub- stantial material which shall be worn by such cat at all times when off the premises of its owner, and to which collar or harness shall be securely fastened a tag giving the registra- tion number of such cat, or in lieu of such collar or harness, any cat, at the owner's option, may have the registration num- ber tatooed in said cat's ear. 4-37. Innoculation. Before issuing any cat owner a registration number or an annual renewal of such number, the owner must produce evidence of innoculation for rabies of the cat to be so registered, which innoculation of the cat so to be registered shall have been within three (3) months of the registration of the cat or the seeking of the renewal of the registration. 4-28. Limit of Number of Cats Kept on One (1) Premise. No more than three (3) cats over the age of six (6) months shall be housed or harbored on any single-family residential property or dwelling unit in the City. 4-39. Cats Running at Large Without Collar or Name Tag. Any cat running at large without a collar and name tag or an ear tattoo as herein provided, shall be liable to impoundment and extermination by the City without liability to the owner thereof, as provided for in Sections 4-13 and 4-14 hereof. 1 4-40. Definition of Owner. Any person owning a cat dog, or providing shelter or food or otherwise harboring such animal for a period of five (5) days or more shall be deemed an owner thereof, and be under the duties with respect to sai, animal as imposed by this Chapter. 4-41. Penalty. Any person violating any of the pro- visions of this Chapter, whether by act of commission or act of omission, shall.be guilty of a Class C misdemeanor, and up conviction thereof, shall be liable to punishment by a fine o not more than Two Hundred Ninety -Nine Dollars ($299.00). 4-42. Guard Dogs --Permit Required. (1) No person shall keep any guard dog for the purpose of guarding or protecting real or personal property in the City of Moab without first obtaining a permit therefor. (2) Application for the permit required by this section shal be made and shall be accompanied by payment of a permit fee of Ten Dollars ($10.00) for each dog therein des- cribed. The permit shall specify the location at which such dog is to be kept, shall be non -transferable to any other location, and shall expire on the date speci- fied in the permit, which date shall not be later than o (1) year after the date of issue. (3) No person shall keep any guard dog for the purposes of guarding or protecting real or personal property un- less such dog is securely confined within a building or enclosure, with provision for adequate safeguards agains entry thereto by children and against accidental or unir tentional entry by any person. Such building or enclosu shall be marked with a sign declaring the danger at ever door, gate or entrance thereto, and at intervals of ever one hundred feet (100') of fenced enclosure. (4) It shall be unlawful for any person, firm, corporation or association to cause or permit any dog to be kept in violation of this section; any dog so kept in violation of this section may be seized and impounded by the Anima Control Officer. 4-43. Police Officers --Authority and Assistance. (1) It shall be lawful for any police officer of the City of Moab to do or perform any act or duty required, authoriz or permitted to the Animal Control Officer. (2) It shall be lawful for the Animal Control Officer, or ar person performing the duties of an Animal Control Office in the performance of any act or duty required, authori2 or permitted by Ordinance, regulation or --the direction c the Mayor, to call to his assistance any police officer the City of Moab or any person who is a peace officer ur the laws of the State of Utah. ADOPTED this �� _ day of ATTEST: RALPH :CLURE, RECORDER , 1981. APPROVED: /J j 4 c _ G` i HAROLD JACOBS, MAYOR