Parowan

Section 1-1-1. Animal Shelter Section 1-1-2. Animal at Large Section 1-1-3. Animal Under Restraint Section 1-1-4. Bite Section 1-1-5. Dog Section 1-1-6. Stray Section 1-1-7. Guard Dog Section 1-1-8. Holding Facility Section 1-1-9. Kennel Section 1-1-10. Leash or Lead Section 1-1-11. Pet Section 1-1-12. Quarantine Section 1-1-13. Vicious Animals Section 1-1-14. Wild Animals

1-1-1. 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 76-9-301, 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.

1-1-2. Animal at Large. Any domesticated animal, whether or not licensed, not under restraint as defined below.

1-1-3. Animal Under Restraint. Any animal under the control of its owner or person having charge, care, custody or control.

1-1-4. Bite. An actual puncture, tear or abrasion of the skin inflicted by the teeth of an animal.

1-1-5. Dog. Any canis familiaris over six months of age. Any canis familiaris under six months of age is a puppy.

1-1-6. Stray. Any animal at large as defined herein.

1-1-7. 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.

1-1-8. 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.

1-1-9. Kennel.

a) Any premises where three (3) or more dogs older than four (4) months are kept.

b) The kennel must be constructed of chain link type fencing on a cement foundation with a roof. There will be a minimum of 3 connecting or separate enclosures making up the establishment. The minimum size of the enclosures will be 4 X 6 feet. For purposes of breeding, a privacy curtain or barrier must be used. A current business license, current individual dog licenses and shot records must be maintained by the owner/operator.

1-1-10. Leash or Lead. Any chain, rope or device used to restrain an animal.

1-1-11. 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.

1-1-12. Quarantine. The isolation of an animal in a substantial enclosure so that the animal is not subject to contact with other animals or unauthorized persons.

1-1-13. Vicious Animals. Any animal which is dangerously aggressive, including, but not limited to any animal which has bitten or in any other manner attacked any person or animal.

1-1-14. Wild Animals. Any animal of a species that in their natural life are wild.

Chapter 2 -- ANIMAL CONTROL OFFICERS

Section 1-2-1. Designated by Chief of Police Section 1-2-2. Powers of Animal Control Officers Section 1-2-3. Duties of Animal Control Officers Section 1-2-4. Interference with Officer Prohibited

1-2-1. Designated by Chief of Police. An Officer or Officers designated by the Chief of Police, in addition to their other duties, shall be designated as Animal Control Officers and carry out all duties prescribed by this Ordinance.

1-2-2. Powers of Animal Control Officers. In the enforcement of this Ordinance any Peace Officer or Animal Control Officer is authorized to enter onto the open premises of any person to take possession of any dog in violation of this Ordinance.

1-2-3. Duties of Animal Control Officers.

1. Enforce this Ordinance and perform other responsibilities pursuant thereto.

2. Supervise the animal shelter under his jurisdiction.

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

4. 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. . 1-2-4. Interference with Officer Prohibited. It shall be unlawful for any person to knowingly and intentionally interfere with the Animal Control Officers in the lawful discharge of their duties as herein prescribed.

Chapter 3 -- DOG LICENSING

Section 1-3-1. Annual License Section 1-3-2. Age of Licensing Section 1-3-3. License Application Section 1-3-4. License Fees Section 1-3-5. Effective Dates of License Section 1-3-6. License Tagging Section 1-3-7. Tags not Transferrable, not Refundable, Replacement

1-3-1. Annual License. All dogs must be licensed each year, except as otherwise provided herein, to a person of the age of eighteen years or older.

1-3-2. Age of Licensing. Any person owning, possessing or harboring any dog shall obtain a license for such animal within thirty days after the dog reaches the age of six (6) months; or in the case of a dog over six (6) months, within ten days of the acquisition of the dog.

1-3-3. License Application. License applications must be submitted annually to the Parowan City Office. 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.

1-3-4. License Fees. License fees shall be established by Resolution from time to time.

1-3-5. Effective Dates of License. The license shall be effective from the date of purchase through the end of December. After March 15 of following year a late fee may be imposed. Licenses for the following year may be purchased within ninety days prior to the expiration date.

1-3-6. License Tagging. Upon payment of the license fee, the Parowan City Office 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 the tag are constantly worn. Failure to attach the tag as provided shall be in violation of this Ordinance, except in that dogs which are kept for show purposes are exempt from wearing the collar and tag.

1-3-7. Tags not Transferrable, not Refundable, Replacement. Dog tags are not transferable from one dog to another. No refunds shall be made on any dog license fee for any reason whatsoever. Replacements for lost or destroyed tags shall be issued upon payment of $1.00 to the Parowan City Office.

Chapter 4 -- LICENSING: EXEMPTIONS

Section 1-4-1. Temporary Residents Section 1-4-2. Dogs for Persons with Disabilities & Government Agencies Section 1-4-3. Rabies Vaccinations not an Exemption

1-4-1. Temporary Residents. The above provisions of Chapter 3 herein shall not apply to:

a) Licensed dogs whose owners are non-residents temporarily (up to 30 days) within the jurisdiction; licensed dogs whose owners remain within the jurisdiction longer than 30 days may transfer to the local license upon payment of $1.00 fee and proof of current rabies vaccination.

b) Individual dogs within a properly licensed dog kennel or other such establishment when such dogs are held for resale.

1-4-2. Dogs for Persons with Disabilities & Government Agencies. The fee provisions of Chapter 3 shall not apply to:

a) 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.

b) Hearing dogs properly trained to assist deaf persons if such dogs are actually being used by deaf persons to aid them in responding to sound.

c) Dogs especially trained to assist officials of government agencies in the performance of their ties and which are owned by such agencies.

1-4-3. Rabies Vaccination not an Exemption. Nothing in this section shall be construed so as to exempt any dog from having a current rabies vaccination.

Chapter 5 -- VIOLATIONS

Section 1-5-1. Unlawful to Harbor Stray Dogs Section 1-5-2. Dogs Running at Large Section 1-5-3. Dogs on Unenclosed Premises Section 1-5-4. Female Dogs in Heat Section 1-5-5. Places Prohibited to Dogs Section 1-5-6. Dogs Attacking Persons and Animals Section 1-5-7. Fierce, Dangerous or Vicious Animals Section 1-5-8. Nuisance: Animals Section 1-5-9. Domesticated Animals and Fowl Running at Large

1-5-1. 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 79-9-302, 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 Officer within 24 hours, and the officer shall impound the dog as herein provided.

1-5-2. 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 violation of this section regardless of the precautions taken to prevent escape of the dog and regardless of whether or not he knows that the dog is running at large.

1-5-3. 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.

1-5-4. 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.

1-5-5. Places Prohibited to Dogs. 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, and fruit or vegetable stores.

1-5-6. 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 subjected 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 it is committing any of the acts specified in number 1 above or while such dog is being pursued thereafter.

1-5-7. 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 Animal Control Officer shall seek a court order pursuant to Chapter 13 for destruction of or muzzling of the animal.

1-5-8. 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:

a) causes damages to the property of anyone other than its owner.

b) is a vicious animal as defined herein and kept contrary to section 1-5-7 above.

c) 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 proprietary interest in, harboring or having care, charge, control, custody or possession of such animal shall remove any defecation to a proper trash receptacle.

d) barks, whines or howls or makes other disturbing noises in an excessive, continuous, or untimely fashion.

e) molests passersby or chases passing vehicles.

f) attacks other domestic animals.

g) is determined by the Animal Control Officer or County Health Department to be a public nuisance by virtue of being offensive or dangerous to the public health, welfare or safety.

2. Any animal which by virtue of the number maintained, is determined by the Animal Control Officer or County Health Department to be offensive or dangerous to the public health, welfare or safety.

1-5-9. Domesticated Animals and Fowl Running at Large. It shall be unlawful for the owner or person having charge, care, custody or control of any domesticated animal or fowl which is housed, corralled or penned within the Parowan City limits to allow such animal to run at large. The owner or person charged with responsibility for the animal or fowl found running at large shall be strictly liable for a violation of this section and restitution for damages done to property, crops, garden, flower beds, grass, etc. Also, said person is responsible for confining animal or fowl in properly maintained cages, corrals, pens, etc.

This Ordinance does not pertain to or regulate livestock on designated livestock trails or animals returning to Parowan City limits from mountain permit areas unattended and without owners knowledge. Note: Domesticated animals and fowl shall include, but is not limited to, cattle, horses, sheep, goats, llamas, ferrets, peacocks, chickens, geese, ducks, etc.

Chapter 6 -- REVOCATION OF DOG LICENSE. 1-6-1. If the owner of any dog is found to be in violation of this Ordinance on three or more different occasions during any twelve-month period, the Animal Control Officer may notify Parowan City, which may thereafter revoke, for a period of three years, any dog license(s) such person may possess and providing for the Animal Control Officer to pick up and impound any dog(s) kept by the person under such order. Any dog impounded pursuant to such an order shall be dealt with in accordance with the provisions of this Ordinance for impounded animals except that the person under the order of revocation shall not be allowed to redeem the dog under any circumstance.

Chapter 7 -- BITES-DUTY TO REPORT

Section 1-7-1. Persons with Knowledge of Bite Must Report Section 1-7-2. Owner and Victim Must Report Section 1-7-3. Treating Physician Must Report Section 1-7-4. Persons Treating Bitten Animals Must Report Section 1-7-5. Violation

1-7-1. Persons With Knowledge of Bite Must Report. 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 Police Department or to the Iron County Health Department.

1-7-2. Owner and Victim Must Report. The owner of an animal that bites a person and any person bitten by an animal shall report the bite to the Police Department 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.

1-7-3. Treating Physician Must Report. A physician or the 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 Police Department or the 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 Police Department in ascertaining the immunization status of the animal.

1-7-4. Persons Treating Bitten Animals Must Report. Any person treating an animal shall report the incident to the Police Department. 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 which caused the injury, and the location of the incident.

1-7-5. Violation. Any person not conforming with the requirements of this Chapter shall be in violation of this Ordinance.

Chapter 8 -- CONTROL OF RABIES AND RABID ANIMALS

Section 1-8-1. Rabies Vaccination Required for Dogs Section 1-8-2(a) Duties of Veterinarian and Tag Requirements Section 1-8-2(b) Certificate Distribution, Tag Requirement Section 1-8-3. Transient Animal - Exception Section 1-8-4. Impoundment of Animal Without Valid Rabies Vaccination Tag Section 1-8-5. Reporting of Rabid Animals Section 1-8-6. Quarantining and Disposition of Biting or Rabid Animals.

1-8-1. Rabies Vaccination Required for Dogs. The owner or person having the charge, care, custody and control of a six month of age or over dog shall have said animal vaccinated within 30 days after it reaches said age, or within 10 days after acquiring the dog or moving it into the jurisdiction. Any person permitting any such animals to habitually 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 over six months of age acquired by the owner or moved into the jurisdiction must be vaccinated thereafter every 24 months.

1-8-2(a). Duties of Veterinarian and Tag Requirements. It shall be the duty of each veterinarian, when vaccinating any animal for rabies, to complete a certificate of rabies vaccination (in duplicate) which includes the following information:

(1) owner's name and address (2) description of animal (breed, sex, marking, age, name) (3) date of vaccination (4) rabies vaccination tag number (5) type of rabies vaccine administered (6) manufacturer's serial number of vaccine

1-8-2(b). Certificate Distribution, Tag Requirement. A copy of the certificate shall be distributed to the owner and original retained by the issuing veterinarian. The veterinarian and owner shall retain their copies of the certificate for the interval between vaccinations specified in this Chapter. Additionally, a metal or durable plastic rabies vaccination tag, serially numbered, shall be securely attached to the collar or harness of the animal. An animal not wearing such tag shall be deemed to be unvaccinated and may be impounded and dealt with pursuant to this Ordinance.

1-8-3. 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 30 days. Such animals shall be kept under strict supervision of the owner. It shall be unlawful to bring any animal into the jurisdiction which does not comply with the animal health laws and import regulations.

1-8-4. Impoundment of Animal Without Valid Rabies Vaccination Tag.

a) Any vaccinated animal impounded because of a lack of a rabies vaccination tag may be reclaimed by its owner by furnishing proof of rabies vaccination and payment of all impoundment fees prior to release. b) 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.

c) Any dog not reclaimed prior to the period shall be disposed of pursuant to provisions of Chapter 9.

1-8-5. Reporting of Rabid Animals. Any person having knowledge of the whereabouts 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 Police Department, the County Health Department or the State Division of Health.

1-8-6. Quarantining and Disposition of Biting Rabid Animals.

a) An animal that has rabies or shows signs of having rabies, and every animal bitten by another animal affected with rabies or that has been 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 Animal Control Officer upon demand.

b) 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 refuses to surrender the animal, the officer shall immediately obtain a search warrant authorizing seizure and impoundment of the animal.

c) 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 days by the Police Department 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 other arrangements, including confinement by owner, may be made by the Animal Control Officer and/or the Director of Health if the animal had a current rabies vaccination at the time the bite was inflicted or if there are other special circumstances justifying an exception. A person who has custody of an animal under quarantine shall immediately notify the Police Department if the animal shows any sings 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 10 days from the date of the 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 10 day period, the Animal Control Officer examines the animal and finds no sign 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 Chapter 9.

d) 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 6 months under veterinary supervision, the cost of such confinement to be paid by the owner. The animal shall be destroyed if the owner does not comply herewith.

e) Vaccinated bitten animals (1) If the bitten or exposed animal has been vaccinated, the animal shall be revaccinated within 24 hours, and quarantined for a period of 30 days following revaccination; or

(2) If the animal is not revaccinated within 24 hours, the animal shall be isolated and quarantined under veterinary supervision for 6 months.

(3) The animal shall be destroyed if the owner does not comply with items (1) and (2) of this section 1-8-6.

f) Removal of quarantined animal. It shall be unlawful for any person to remove any such animal from the place of quarantine without written permission of the Police Department.

g) 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 Animal Control Officer without Court order and held at owner's expense pending court action. Any such animal shall be deemed a vicious animal, and the Animal Control Officer may seek a court order as provided in Chapter 13, for the destruction of the animal. Parties owning such animals shall, if possible, be notified immediately of the animal's location by the Animal Control Officer.

Chapter 9 -- IMPOUNDING

Section 1-9-1. Animals to be Impounded Section 1-9-2. Records to be Kept Section 1-9-3. Disposition of Animals Section 1-9-4. Redemption

1-9-1. Animals to be Impounded. The Animal Control Officer 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 Officer and impounded without the filing of a complaint:

a) Any animals being kept or maintained contrary to the provisions of this Ordinance;

b) Any animal running at large contrary to the provisions of this Ordinance;

c) 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 this Chapter;

d) Sick or injured animals whose owner cannot be located;

e) Any abandoned animal;

f) Animals which are not vaccinated for rabies in accordance with the requirements of this Ordinance;

g) Any animal to be held for quarantine;

h) Any vicious animal not properly confined as required by section 1-4-7 herein.

1-9-2. Records to be Kept.

a) Complete description of the animal, including tag number.

b) The manner and date of impound.

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

d) The manner and date of disposal.

e) The name and address of the redeemer or purchaser.

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

g) All fees received.

h) All expenses accrued during impoundment.

1-9-3. Disposition of Animals.

a) Animals shall be impounded for a minimum of five (5) days before further disposition, except as otherwise provided herein. Reasonable effort shall be made to notify the owner of any animals 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 animals voluntarily 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 release or other disposition as herein provided.

b) All dogs except for those quarantined or confined by court order, held longer than the minimum impound period; and all dogs voluntarily relinquished to the impound facility may be destroyed or sold as the Animal Control Officer shall direct. Any healthy dog may be sold to any desiring to purchase such animal for a price to be determined by the officer but not to exceed $30.00 per animal, plus license and rabies vaccination, if required.

c) 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 Officer, be released to the care of a veterinarian with the consent of the owner.

d) When, in the judgement of the Animal Control Officer, it is determined that an animal should be destroyed for humane reasons or to protect the public from imminent danger to persons or property, such animal may be destroyed without regard to any time limitations otherwise established herein, and without Court order.

1-9-4. Redemption. The owner of any impounded animal or his authorized representative may redeem such animal before disposition provided he pays all applicable fees (i.e. kennel license fees, and impound and storage fees) as established by Resolution from time to time.

Chapter 10 -- ANIMAL SHELTER

Section 1-10-1. Care for Impounded Animals Section 1-10-2. Humane Destruction of Animals Section 1-10-3. Medical Treatment for Impounded Animals

1-10-1. Care for Impounded Animals. The governing authority shall provide suitable premises and facilities to be used as an animal shelter where impounded small animals can be adequately kept. They shall purchase and supply food and supply humane care for impounded animals.

1-10-2. Humane Destruction of Animals. 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.

1-10-3. Medical Treatment for Impounded. The governing authority may furnish, when necessary, medical treatment for such animals as may be impounded pursuant to this Ordinance.

Chapter 11 -- CRUELTY TO ANIMALS PROHIBITED

Section 1-11-1. Physical Abuse Section 1-11-2. Hobbling Animals Section 1-11-3. Care and Maintenance Section 1-11-4. Animals in Vehicles Section 1-11-5. Abandonment of Animals Section 1-11-6. Animal Poisoning Section 1-11-7. Injury to Animals by Motorists Section 1-11-8. Animals for Fighting

1-11-1. 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.

1-11-2. Hobbling Animal. It is unlawful for any person to hobble livestock or other animals by any means which may cause injury or damage to any animal.

1-11-3. 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 food, drink, care and shelter.

1-11-4. Animals in Vehicles. It shall be unlawful for any person to carry or confide any animal in or upon any vehicle in a cruel or inhumane manner, including but not limited to carrying or confining such animal without adequate ventilation or for an unusual length of time.

1-11-5. Abandonment of Animals. It shall be unlawful for any person to abandon any animal within the jurisdiction.

1-11-6. Animal Poisoning. Except as provided in Chapter 11 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 been 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.

1-11-7. Injury to Animals by Motorists.

a) 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 Police Department, furnishing requested facts relative to such injury.

b) 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 Police Department. Such animal may be taken in by the Animal Control facility and dealt with as deemed appropriate under the circumstances.

c) Emergency vehicles are exempt from the requirements of this provision.

1-11-8. Animals For Fighting.

a) It shall be unlawful for any person, firm 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 of any animal or fowl; and for any person, firm or corporation to knowingly rent any building, shed, room, yard, ground or premises for any such purpose as aforesaid, or to knowingly suffer or permit the use of his buildings, sheds, rooms, yard, grounds or premises for the purpose aforesaid.

b) Law Enforcement Officers or Animal Control Officers may enter any building or place where there is an exhibition of 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, along with all implements or 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.

Chapter 12 -- WILD ANIMALS

Section 1-12-1. Unlawful to Keep Wild Animals Section 1-12-2. Unlawful to Keep Prohibited Animals

1-12-1. Unlawful to Keep Wild Animals. It shall be unlawful for any person to sell, offer to sell, barter, give away, keep or purchase any wild animal as defined 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, sideshow, amusement show, or facility for education or scientific purposes may keep such an animal if protective devices adequate to prevent such animal from escaping or injuring the public are provided.

1-12-2. Unlawful to Keep Prohibited Animals. It shall be unlawful for any person to keep an animal of a species prohibited or protected by Title 50 of the Code of Federal Regulations or by regulation or law of the State of Utah. Chapter 13 -- PROCEDURE FOR COURT ORDER

1-13-1. Unless modified by the court, court orders pursuant to Chapters 5, 6 and 8 herein shall be filed according to the following minimum notice and procedure:

a) The Police Chief or his authorized representative shall petition the court for the desired action.

b) The petition for the action together with supporting affidavits shall be served on the party against whom the action is taken at least five days prior to the hearing.

Chapter 14 -- PUNISHMENT FOR VIOLATIONS

1-14-1. Penalty. Unless otherwise designated, any person violating any provision of this Title either by failing to do the acts required herein or doing any act prohibited herein shall be guilty of a Class C Misdemeanor and, upon conviction thereof, shall be subject to punishment by a fine not to exceed $750.00, by imprisonment for a term not to exceed ninety (90) days, or by both such fine and imprisonment.

Chapter 15 -- SEVERABILITY

1-15-1. If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any person or circumstance shall be held to be valid, such invalidity shall not affect the other provisions or applications of this Ordinance which can be given effect independent from the invalid provision or application, and to this end the provisions of this Ordinance are hereby declared to be severable.

This entire Title 1 - Animals, was adopted by the City Council on November 7, 1979. (Refer to Ordinance No. 79-2)