Ordinance 2 of 2012

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Ordinance No. 2 of 2012

(Amending Chapter 8.04, Salt Lake City Code in order to clarify and revise provisions governing the ownership and licensing of dogs and cats.)

An ordinance amending applicable provisions within Chapter 8.04, Salt Lake City Code, pertaining to animal control, to remove limits on the number of dogs and cats owned by individuals; to require the prevention and abatement of nuisances associated with keeping dogs and cats, including but not limited to noise and odor; to allow the animal services director to waive late fees or extend licensing deadlines in individual cases as appropriate; to require the licensing of cats; and to extend the licensing deadlines for animals held for adoption under a pet rescue permit.

     WHEREAS, the City has authority to provide for the licensing of dogs and cats; and

     WHEREAS, the City has previously enacted ordinances pertaining to the care and custody of animals, including the licensing of dogs, within the City; and

     WHEREAS, the City Council has determined that the licensing of dogs and cats serves the public interest by enabling the City to insure that the licensed animals have been vaccinated and by facilitating the reunification of owners with their pets; and 

     WHEREAS, the City Council has determined that this amendment to the City’s animal control ordinances will advance the health, safety and general welfare of the citizens of Salt Lake City:

     NOW THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:

     SECTION 1. That the following provisions of Chapter 8.04 Salt Lake City Code, are amended as follows:

8.04.010: DEFINITIONS:

As used in this title:

ABANDONMENT:

A. Placing an animal in an unsafe or dangerous environment where the animal is separated from basic needs such as food, water, shelter or necessary medical attention, for a period of longer than twenty four (24) hours; or

B. Failure to reclaim an animal seventy two (72) hours beyond the time agreed upon with a kennel, grooming service, veterinary hospital, or animal shelter.

ALLOW: For the purposes of this title, shall include human conduct that is intentional, deliberate, careless, inadvertent or negligent in relation to the actions of an animal.

ANIMAL AT LARGE: Any domesticated animal, whether or not licensed, not under restraint as defined herein.

ANIMAL BOARDING ESTABLISHMENT: Any establishment that takes in animals for board for profit.

ANIMAL GROOMER: Any establishment maintained for the purpose of offering cosmetological services for animals for profit.

ANIMAL SERVICES: The office referred to in section 8.04.020 of this chapter, or its successor section.

ANIMAL SHELTER: A facility owned and/or operated by a governmental entity or any animal welfare organization that is incorporated within the state, used for the care and custody of seized, stray, homeless, quarantined, abandoned or unwanted dogs, cats, or other small domestic animals; or for the purpose of protective custody under the authority of this title or state law.

ANIMAL UNDER RESTRAINT: Any animal under the control of its owner or person over the age of twelve (12) years having charge, care, custody or control of the animal, by means of: a) a leash or lead not to exceed six feet (6') in length, b) other physical enclosure, or c) within the real property limits of the owner.

ANIMALS: Any and all types of livestock, dogs and other nonhuman creatures, both domestic and wild, male and female, singular and plural.

APIARY: Any place where one or more colonies of bees are located.

BEEKEEPER: A person who owns or has charge of one or more colonies of bees.

BEEKEEPING EQUIPMENT: Anything used in the operation of an apiary, such as hive bodies, supers, frames, top and bottom boards, and extractors.

BITE: An actual puncture, tear or abrasion of the skin inflicted by the teeth of an animal.

CARRIAGE BUSINESS: Any person offering to transport another person for any valuable consideration and by means of a horsedrawn carriage.

CARRIAGE OR HORSEDRAWN CARRIAGE: Any device in, upon, or by which any person is or may be transported or drawn upon a public way and which is designed to be drawn by horses.

CAT: Any age feline of the domesticated types four (4) months of age or older.

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

COLONY: Bees in any hive including queens, workers, or drones.

COMMERCIAL ANIMAL ESTABLISHMENT: Any pet shop, grooming shop, animal training establishment, guard dog auction or exhibition, riding school or stable, zoological park, circus, rodeo, animal exhibition, or boarding or breeding kennel.

CONFINEMENT: That the animal is kept in an escapeproof enclosure or walked on a leash of not more than six feet (6') in length by a person eighteen (18) years of age or older. Confinement does not restrict contact with other animals or humans.

CUSTODIAN: A person having custody.

CUSTODY: Ownership, possession of, harboring, or exercising control over any animal.

DANGEROUS ANIMAL: Any animal that is a hazard to the public health and safety.

DOG: Any Canis familiaris four (4) months of age or older.

DOMESTICATED ANIMALS: Animals accustomed to live in or about the habitation of people, including, but not limited to, cats, dogs, fowl, horses, swine and goats.

DRIVER: Any person operating or in actual physical control of a horsedrawn carriage, or any person sitting in the driver's seat of such carriage with the intention of causing it to be moved by a horse.

ENCLOSURE: Any structure that prevents an animal from escaping its confines.

ESTRAY OR STRAY: Any "animal at large", as defined herein.

EUTHANASIA: The humane destruction of an animal accomplished by a method approved by the most recent report of the American Veterinary Medication Association panel on euthanasia.

FERAL CAT: Any homeless, wild or untamed cat.

FERAL CAT COLONY: A group of homeless, wild or untamed cats living or growing together.

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.

HIVE: A frame hive, box hive, box, barrel, log, gum, skep, or other artificial or natural receptacle which may be used to house bees.

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.

HONEYBEE: The common honeybee, Apis mellifera species, at any stage of development, but not including the African honeybee, Apis mellifera scutellata species, or any hybrid thereof.

IMPOUNDMENT: Taken into the custody of an animal services agency, police department, or an agent thereof.

KENNEL: An establishment having dogs for the purpose of boarding, breeding, buying, grooming, letting for hire, training for fee, or selling.

LEASH OR LEAD: Any chain, rope or device used to restrain an animal, being no longer than six feet (6') in length.

LITTER: The offspring at one birth from the same mother and under the minimum age to obtain a rabies vaccination.

OWNER: Any person having title to, or an ownership interest in, or custody of, or keeping, maintaining or possessing one or more animals. "Owner" does not include a feral cat custodian participating in a trap, spay/neuter, return or release program.

PERSON: A natural person or any legal entity, including, but not limited to, a corporation, firm, partnership or trust.

PET OR COMPANION ANIMAL: Any animal of a species that has been developed to live in or about the habitation of humans, is dependent on humans for food and shelter, and is kept for pleasure rather than utility or commercial purposes.

PET SHOP: Any establishment containing cages or exhibition pens, not part of a kennel or cattery, wherein dogs, cats, birds or other pets are kept, displayed or sold.

PROVOKED: Any deliberate act by a person towards a dog or any other animal done with the intent to tease, torment, abuse, assault or otherwise cause a reaction by the dog or other animal; provided, however, that any act by a person done with the intent to discourage or prevent a dog or other animal from attacking shall not be considered to be a provocation.

QUARANTINE: The isolation of an animal in a substantial enclosure so that the animal is not subject to contact with other animals or persons not authorized by the office of animal services.

RIDING SCHOOL OR STABLE: An establishment which offers boarding and/or riding instruction for any horse, pony, donkey, mule or burro, or which offers such animals for hire.

SERVICE ANIMAL: Any guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.

SET:

A. To cock, open or put a trap in such a condition that it would clamp closed when an object or person touches a triggering device; and/or

B. To place a spring loaded trap which has been opened or fixed so that it would close upon the triggering device being touched upon the ground, or in a position where a person or animal could become caught therein.

SPECIALIZED EQUIPMENT: That equipment, other than the usual patrol vehicles of animal services, which is designed for specific purposes such as, but not limited to, livestock trailers and carcass trailers.

SPECIES SUBJECT TO RABIES: Any species that has been reported to the Centers for Disease Control to have contracted the rabies virus and become a host for that virus.

SPRING LOADED TRAP: Any clamplike apparatus which is utilized to catch animals, objects or persons when, after being set and the triggering device being activated, clamplike jaws are designed to come together with force so as to clamp or close upon an animal, person or object activating the spring or triggering device.

STABLE: Any place or facility where one or more horses, ponies, donkeys, mules or burros are housed or maintained, and are offered for hire.

VETERINARIAN: Any person legally licensed to practice veterinary medicine under the laws of the state of Utah.

VICIOUS ANIMAL:

A. Any animal which, in a threatening or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks, or any public grounds or places;

B. Any animal with a known propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or animals; or

C. Any animal which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal on public or private property.

WILD, EXOTIC OR DANGEROUS ANIMAL: Any animal which is not commonly domesticated, or which is not native to North America, or which, irrespective of geographic origin, is of a wild or predatory nature, or any other animal which, because of its size, growth propensity, vicious nature or other characteristics, would constitute an unreasonable danger to human life, health or property if not kept, maintained or confined in a safe and secure manner, including hybrids, and animals which, as a result of their natural or wild condition, cannot be vaccinated effectively for rabies. Those animals, however domesticated, shall include, but are not limited to:

A. Alligators And Crocodiles: Alligators and crocodiles;

B. Bears (Ursidae): All bears, including grizzly bears, brown bears, and black bears;

C. Cat Family (Felidae): All except the commonly accepted domesticated cats, and including cheetahs, cougars, leopards, lions, lynx, panthers, mountain lions, tigers and wildcats;

D. Dog Family (Canidae): All except domesticated dogs, and including wolf, part wolf, fox, part fox, coyote, part coyote, dingo and part dingo;

E. Porcupines (Erethizontidae): Porcupine;

F. Primate (Hominidae): All subhuman primates;

G. Raccoon (Prosynnidae): All raccoons, including eastern raccoons, desert raccoons and ring tailed cats;

H. Skunks: Skunks;

I. Fish: Venomous fish and piranha;

J. Snakes Or Lizards: Venomous snakes or lizards;

K. Weasels (Mustelidae): All, including weasels, martens, wolverines, ferrets, badgers, otters, ermine, mink and mongoose, except that the possession of such animals shall not be prohibited when raised commercially for their pelts.

WORK: With reference to a horse, means that the horse is out of the stable and presented as being available for pulling carriages; in harness; or pulling a carriage.

8.04.070: DOG AND CAT LICENSE; REQUIRED WHEN; APPLICATION AND FEES:

A. Required: All dogs and cats shall be licensed each year, except as otherwise provided herein, to a person of the age of eighteen (18) years or older.   However, no license shall be required for cats maintained within a feral cat colony pursuant to section 8.04.135 of this chapter. 

B. Deadline: Any person owning, possessing or harboring any dog or cat shall obtain a license for such animal within thirty (30) days after the animal reaches the age of four (4) months, or, in the case of a dog or cat over four (4) months of age, or in the case of a new city resident, within thirty (30) days of the acquisition of the animal or the commencement of residency.  However, if an animal is fostered pursuant to a pet rescue permit and is held pending adoption, then the time period in which the pet rescue permit holder must obtain a license for such animal will be expanded from thirty (30) days to ninety (90) days. The animal services director may waive late fees or extend licensing deadlines in individual cases, as appropriate. 

C. Application: License applications shall be submitted to the office of animal services, by utilizing a standard form which requests name, address and telephone number of the applicant; breed, sex, color and age of the animal; previous license information; rabies and sterilization information; and the number, location or other identification applicable to a tattoo or implanted microchip of the animal. The application shall be accompanied by the prescribed license fee and by a rabies vaccination certificate current for a minimum of six (6) months beyond the date of application. A license shall not be issued for a period that exceeds the expiration date of the rabies vaccination. Rabies vaccinations shall be given by a licensed veterinarian with a vaccine approved by the current compendium of animal rabies control.

D. License Fees:

1. License fees shall be as set forth in the City’s consolidated fee schedule.  Penalties for failing to properly license dogs and cats shall be as set forth in the permit and penalty schedule in section 8.04.521, "Appendix A", of this chapter.

2. No dog or cat shall be licensed as spayed or neutered without veterinary verification that such surgery was performed.

E. License Vendors: The animal services director may contract with veterinary hospitals, veterinarians, pet shops, animal grooming parlors, and similar institutions or individuals for the issuance of license application forms. License fees and requirements for licensure with such vendors shall be the same as if the application was issued directly by the office of animal services.

F.   Dog and Cat Limits: There is no limitation on the numbers of dogs and cats that can be owned by a resident, provided that all dogs and cats are properly licensed and cared for.  Dog and cat owners must abide by all applicable sections of Title 8 of these ordinances including, but not limited to, ordinances regarding licensing, proper care and maintenance, medical attention, and animal cruelty.  Owners are required to prevent their animals from causing, and shall abate, any nuisances caused by animals including, but not limited to, noise and odor.

G. Senior Citizen Provisions: In lieu of the annual license fees provided above, a person sixty (60) years of age or older on the date of license application may, upon proof of age, obtain a dog or cat license for an unsterilized dog or cat for a reduced fee as specified in the City’s consolidated fee schedule.  A person sixty (60) years of age or older may obtain a  license for the life of a spayed or neutered dog or cat for a onetime nontransferable fee as specified in the consolidated fee schedule, but such person shall nevertheless obtain a license without fee thereafter for verification of rabies vaccination. This subsection shall not be construed to relieve any person from meeting all licensing requirements not specifically exempted, including late fees and required vaccinations, nor is any license issued hereunder transferable to any other animal or owner other than that for which the license was issued.

8.04.080: DOG OR CAT LICENSE; TAG REQUIREMENTS:

A. Upon payment of the license fee, the office of animal services shall issue to the owner a certificate and a tag for each dog or cat licensed. The tag shall have stamped thereon the license number corresponding with the tag number on the certificate. The owner shall attach the tag to the collar or harness of the animal and see that the collar and tag are constantly worn when the animal is off the premises of the owner. Failure to attach the tag as provided shall be a violation of this title, except that dogs or cats which are kept for show purposes are exempt from wearing the collar and tag when participating in a match or show.

B. License tags are not transferable from one animal to another. No refunds shall be made on any license fee for any reason whatsoever. Replacements for lost or destroyed tags shall be issued upon payment of the replacement tag fee set forth in the consolidated fee schedule to the office of animal services.

C. Any person removing or causing to be removed the collar, harness or tag from any licensed animal without the consent of the owner or keeper thereof, except a licensed veterinarian or animal services officer who removes such for medical or other reasons, shall be in violation of this title.

D. Owners may have an identifying microchip implanted in their dogs or cats. If owners take such action, they shall be exempt from the requirement that such dogs or cats wear identifying tags at all times while off the premises, provided that the microchip information has been registered with the office of animal services. Owners shall assume the risk of nonidentification of all microchipped, unrestrained dogs or cats that are subsequently impounded by animal services officers.

E. It is unlawful for any vendor of microchips to refuse to provide information to the office of animal services as to the identification of the owner of an animal that has been microchipped.

8.04.090: DOG AND CAT LICENSE; EXEMPTIONS:

A. The provisions of sections 8.04.070 and 8.04.080 of this chapter, or their successor sections, shall not apply to:

1. Dogs or cats properly licensed in another jurisdiction whose owners are nonresidents temporarily (up to 30 days) within the city. Licensed animals whose owners remain within the city longer than thirty (30) days may transfer to the local license upon payment of a fee as specified in the City’s consolidated fee schedule and proof of current rabies vaccination; or

2. Individual dogs or cats within a properly licensed kennel, cattery or other such establishment, when such animals are held for resale.

B. The fee provisions of section 8.04.070 of this chapter shall not apply to:

1. Service dogs trained and certified to assist persons with a physical or mental disability, or dogs in an official training program for such assistance; or

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

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

8.04.100: DOG OR CAT LICENSE; REVOCATION PROCEDURES:

If the owner of any dog or cat is found to be in violation of this title on three (3) or more different occasions during any twelve (12) month period, the director of animal services may seek a court order, pursuant to section 8.04.220 of this chapter, or its successor section, revoking for a period of one year any license(s) such person may possess and providing for the animal services office to pick up and impound any animal(s) kept by the person under such order. Any animal impounded pursuant to such an order shall be dealt with in accordance with the provisions of this title for impounded animals, except that the person under the order of revocation shall not be allowed to redeem the animal under any circumstances.

8.04.120: RABBITS; NUMBER PER RESIDENCE:

No person or persons at any one residence within the city shall at any one time own or keep more than two (2) rabbits at any such residence.

8.04.130: COMMERCIAL AND PET RESCUE PERMITS; REQUIRED WHEN; APPLICATION; ISSUANCE CONDITIONS:

A.   1. It is unlawful for any person to operate or maintain a kennel, cattery, pet shop, groomery, riding stable, veterinary clinic or hospital or any similar establishment unless such person first obtains a regulatory permit from the office of animal services, in addition to all other required licenses and permits.

2. All applications for permits to operate such establishments shall be submitted, together with the required permit fee, on a printed form provided by the animal services office to that office. Before the permit is issued, approval shall be granted by the Salt Lake Valley health department, the appropriate zoning authority, any applicable business licensing authority, and the animal services office.

B. A pet rescue permit for foster animals may be authorized for owners of dogs and cats to keep dogs or cats in a residential area, provided:

1. Such animals are pending adoption from a local city or county operated animal shelter or a section 501(c)(3), United States internal revenue code, humane society shelter; and

2. Such animals are awaiting adoption; and

3. Approval is granted by the appropriate zoning authority, Salt Lake Valley health department, and office of animal services; and

4. Adequate confinement areas are provided; and

5. Other provisions of this title are complied with, and no animal or premises is deemed to be a nuisance; and

6. The holder of a pet rescue permit assumes all responsibility for the animal regarding licensing, care, liability and oversight. 

C. Holders of a pet rescue permit shall be subject to all requirements and regulations of this chapter pertaining to commercial establishments.

8.04.510: ISSUANCE OF MISDEMEANOR CITATIONS; NOTICE OF VIOLATIONS:

A. A peace officer and/or animal services officer is authorized to issue a misdemeanor citation to any person upon a charge of violating any provisions of this title. The form of the misdemeanor citation, and proceedings to be handled upon the basis of the citation, shall conform to the provisions of the Utah code of criminal procedure, including, but not necessarily limited to, sections 77-7-18 through 77-7-22, Utah Code Annotated, 1953, as amended, or their successors.

B. Where violations of the following requirements of this chapter are committed, and provided they are not charged in conjunction with another criminal offense and do not constitute a fourth or succeeding notice of violation within a twenty four (24) month period, an animal services officer or authorized agent shall issue a civil notice of violation to such violator in lieu of a misdemeanor citation; violations regarding: 1) commercial permits (section 8.04.130 of this chapter), 2) commercial permit display (section 8.04.160 of this chapter), 3) licensing (section 8.04.070 of this chapter), 4) license tag requirements (section 8.04.080 of this chapter), 5) rabies vaccinations (section 8.04.240 of this chapter), 6) rabies tag requirements (subsection 8.04.250B of this chapter), 7) harboring stray animals (section 8.04.110 of this chapter), 8) animals running at large (section 8.04.390 of this chapter), 9) animal nuisances (section 8.04.370 of this chapter except for subsections B2, B8, B9, and B10), 10) more than two (2) rabbits at a residence (section 8.04.120 of this chapter), 11) staking dogs improperly (section 8.04.400 of this chapter), 12) confining female dogs in heat (section 8.04.380 of this chapter), 13) giving animals as sales premiums (subsection 8.04.440B of this chapter), 14) the sale/premium of baby rabbits and fowl (subsection 8.04.440A of this chapter), or 15) the sale of pet turtles (subsection 8.04.440C of this chapter). The notice of violation shall state, with reference to the pertinent sections of this title, the violation which must be remedied by the person charged and may set forth a compliance date by which the violator must comply with the remedial requirements. The notice of violation shall include a list of the penalties as applicable to this violation as set forth in section 8.04.521, "Appendix A", of this chapter for minimum citation penalties. This penalty amount may be reduced or waived for first offenses, provided the pet owner satisfactorily completes a class on responsible pet ownership which is approved by the office of animal services. Compliance with all remedial requirements referred to in the notice of violation by the compliance date shown thereon shall result in a twenty five dollar ($25.00) reduction in the penalty. Refusal or failure to comply with any remedial requirements referred to in the notice of violation by the deadline set as the compliance date may result in the imposition of the full penalty and any additional administrative fees which may be applicable.

8.04.521: APPENDIX A:

SALT LAKE CITY ANIMAL SERVICES ANNUAL PERMITS AND PENALTIES

The following penalties shall be imposed per animal.  However, a “Litter” as defined in Section 8.04.010, shall be considered a single animal for purposes of imposing the penalties set forth in this Section.

Purchase price for unclaimed livestock is based on costs incurred by animal services during impound and recommendations made by the state brand inspector.

SECTION 2.  That this ordinance shall take effect immediately upon the date of its first publication.

     Passed by the City Council of Salt Lake City, Utah this 3^rd day of January, 2012.

Bill No. 2 of 2012.

Published: January 23, 2012.