Ordinance 53 of 2012

SALT LAKE CITY ORDINANCE

No. 53 of 2012

(Amending, repealing, and enacting certain regulations governing feral cats)

AN ORDINANCE AMENDING SECTIONS 8.04.010, 8.04.070, 8.04.150 AND 8.04.210 SALT LAKE CITY CODE, REPEALING SECTIONS 8.04.135 – 8.04.136 SALT LAKE CITY CODE, AND ENACTING CHAPTER 8.11, SALT LAKE CITY CODE, REGARDING THE PROPER CARE AND REGULATION OF FERAL CATS.

WHEREAS, it is proposed that Sections 8.04.010, 8.04.070, 8.04.150 and 8.04.210 Salt Lake City Code, be amended; Sections 8.04.135 – 8.04.136 Salt Lake City Code be repealed; and Chapter 8.11 Salt Lake City Code, be enacted to modify and update City regulations regarding feral cats and feral cat colonies; and

WHEREAS, the intent of the ordinance is to substantially mirror similar regulations adopted by Salt Lake County; and

WHEREAS, the City Council finds adoption of this ordinance reasonably furthers 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. Section 8.04.010 shall be, and hereby is, amended to read 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 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 escape proof 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 free roaming, homeless, wild or untamed cat.

FERAL CAT COLONY: A group of free roaming, homeless, wild or untamed cats living together in an area.

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.

SECTION 2. Section 8.04.070 shall be, and hereby is, amended to read as follows:

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.

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 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 this title including, but not limited to, 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.

SECTION 3. Sections 8.04.135 and 8.04.136 of the Salt Lake City Code shall be, and hereby are, repealed in their entirety as follows:

~~8.04.135: Feral Cat Colony Registration; Requirements:~~

It is unlawful for any person to maintain a feral cat colony without a registration. Unless prohibited by zoning or other ordinances or laws, any person over eighteen (18) years of age shall register a feral cat colony with Salt Lake City or its designee provided:

~~A. Cats have been sterilized, given their vaccinations as required and ear tipped, or are being actively trapped so as to perform sterilization, vaccination and ear tipping;~~

~~B. The registrant retains a detailed description of each cat in the colony including vaccination history;~~

C. The registrant obtains proof of property owner and/or landlord permission at the site that the colony is being maintained; and provides property owner/landlord with cat custodian contact information;

~~D. The registrant fee is paid annually and in the event of transfer of responsibility to a new custodian.~~

~~8.04.136: Maintaining a Registered Feral Cat Colony; Additional Requirements:~~

~~Feral cat colony custodians shall:~~

A. Take responsibility for feeding the cat colony regularly throughout the year, while ensuring that the feeding area(s) is secure from insect, rodent, and other vermin attraction and harborage;

~~B. Sterilize, vaccinate and ear tip all adult cats that can be captured. Implanting a microchip is recommended;~~

C. Remove droppings, spoiled food, and other waste from the premises as often as necessary and at least every seven (7) days, to prevent odor, insect or rodent attraction or breeding, or any other nuisance; and

~~D. Not relocate a cat colony or add a cat to an existing colony.~~

SECTION 4. Section 8.04.150 shall be, and hereby is, amended to read as follows:

8.04.150: PERMITS/REGISTRATIONS; FEE SCHEDULE:

Fees for commercial operations (kennels, catteries, groomeries, pet shops, veterinary clinics or hospitals) and pet rescue permits shall be as shown on the Salt Lake City consolidated fee schedule.

SECTION 5. Section 8.04.210 shall be, and hereby is, amended to read as follows:

8.04.210: EMERGENCY SUSPENSION OF PERMIT/REGISTRATION:

Notwithstanding the other provisions of this title, when the inspecting officer finds unsanitary or other conditions in the operation of pet rescue residences, kennels, catteries, groomeries, veterinary clinics or hospitals, riding stables, pet shops, or any similar establishments, which, in such officer's judgment, constitute a substantial hazard to the animal(s) and/or the public health, such officer may, without warning or hearing, issue a written notice to the permit or registration holder or operator citing such condition and specifying the corrective action to be taken. Such order shall state that the permit or registration is immediately suspended, and all operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith. Any animals at such facility may be confiscated by the animal services office and impounded or otherwise provided for according to the provisions of this title.

SECTION 6. Chapter 8.11 of the Salt Lake City Code is hereby enacted as follows:

CHAPTER 8.11 – FERAL CATS

8.11.010 - Feral cats—Impoundment and disposition.

A. Impounded cats identified as feral pursuant to this code of ordinances shall be held by Animal Services for the mandatory period set out in Section 8.04.340.

B. At the end of the mandatory holding period, the feral cat shall be released within a reasonable proximity to where it was trapped or picked up.

1. Each cat shall be sterilized, identified by "ear- tipping" and vaccinated (including rabies vaccination) prior to release.

2. The release of a feral cat under the provisions of this section shall not be considered "abandonment" under the provisions of section 8.04.010.

C. The director (or designee) has discretion to refuse release of a feral cat.

SECTION 7. This ordinance shall become effective on the date of its first publication.

Passed by the City Council of Salt Lake City, Utah this 17^th day of July, 2012.

Bill No. 53 of 2012.

Published: August 13, 2012.