Chapter 6.05 ANIMAL CONTROL

This chapter shall be enforced under the terms of interlocal agreement with Utah County for law enforcement and animal control. This chapter authorizes personnel in employment of Utah County to perform services for Eagle Mountain City as agents of the city as defined more specifically in the specific sections of this chapter which refer to enforcement personnel and the duties of the Utah County animal control department and Utah County veterinarian. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-1-1].

Article II. General Provisions

6.05.010 Definitions.

For the purpose of this chapter, each of the following words and phrases shall have the following meaning:

“Animal” means birds, reptiles, and mammals other than the species Homo sapiens.

“Animal at large” means any domesticated animal, whether or not licensed, not under restraint.

“Animal under restraint” means any animal under control of its owner or person having charge, care, custody, or control; except that a dog shall not be considered under control of the owner unless on a leash or lead, confined within a vehicle, or within the real property limits of the owner.

“Bite” means an actual puncture, tear, or abrasion of the skin, inflicted by the teeth of an animal.

“Cages” means individual, portable facilities for containing animals.

“Cat” means any age feline of the domesticated types.

“Coordinator” means the Utah County coordinator of the department of animal regulation.

“County” means Utah County, Utah.

“County animal shelter” means the lot, premises, or buildings maintained by the county for the confinement and care of the animals seized under the provisions of this chapter.

“County veterinarian” means the Utah County veterinarian, his agents or deputies.

“Department” means the Utah County department of animal regulation, its agents and deputies.

“Dog” means a Canis familiaris of either sex, altered or unaltered, or any other member of the Canis genus, if owned or kept; can be small or large in size.

1. “Small dog” means a dog breed with full-grown adult weights ranging between two and 50 pounds.

2. “Large dog” means a dog breed with full-grown adult weights above 50 pounds.

“Dog license” means a properly completed and validated dog license application/rabies certificate form issued by the county or other official dog licensing agency.

“Dog license application/rabies certificate form” means the official dog license application form issued by the county. It is properly completed when it contains:

1. The dog owner’s name, address, and telephone number;

2. The dog’s name and description;

3. The type, lot number, and manufacturer of the rabies vaccine;

4. The date of vaccination;

5. The signature of the veterinarian who vaccinated the dog or other signature authorized by him/her.

“Domesticated animal” means any animal accustomed to live in or about the habitation of man, including but not limited to cats, dogs, fowl, horses, swine, cattle, sheep, and goats.

“Exercise yard” means an area enclosed by a fence of at least six feet in height wherein dogs are allowed to run and exercise. Every portion of an exercise yard fence shall be separate and removed from any property boundary fence.

“Fencing,” unless otherwise authorized, shall mean chain link, carried on solid posts set in concrete; suggested minimum is 11-gauge wire, two-inch steel posts set on no greater than 10-foot spans.

“Groomer” means an individual or business that cleans and trims nails and fur of animals during regular business hours (no overnight watching or care for animals). If located within a residential unit or lot a groomer shall be required to have a home-based business license.

“Guard dog” means a working dog which must be kept in a fenced run or other suitable enclosure during business hours, or on leash or under absolute control while working, so it cannot come into contact with the public.

“Hobby breeder” means an individual or individuals who have obtained a permit from the city in accordance with this title to raise, breed, and/or own more animals than otherwise permitted in their home or on their residential property. Hobby breeders are permitted to have up to two litters of puppies within a 12-month period.

“Impounded animal” means any animal taken into custody by the department as provided in this chapter.

“Kennel” means any lot, building structure, enclosure or premises whereupon or wherein five or more dogs over four months of age are kept or maintained for long-term boarding, professional breeding, buying, letting for hire, or selling.

“Kennel building” means a permanent structure designed, intended, or used exclusively for housing of dogs.

“Kennel run (inside)” means the separated area inside a structure, designed, intended, and used for the interior housing of dogs. Shall be kept free and clear for a minimum area of six square feet per animal.

“Kennel run (outside)” means an area adjacent to a kennel building and enclosed by a fence at least six feet in height.

“Leash” means any rope, leather strap, chain or other material being held in the hand of the person capable of control and actually controlling the animal to which it is tied.

“License tag” means a piece of metal or other durable material inscribed with a date and number which has been issued by county or other official dog-licensing agency.

“Licensed dog” means a dog wearing its current dog license tag as required by this chapter.

“Neutered” means having had the testicles removed; a castrated animal.

“Owner” means any person who is either the legal owner, keeper, possessor, or the actual custodian of an animal. Ownership is established by a person registering as owner on a license or other legal document or being a person claiming ownership and taking possession of an animal.

“Pet sitter” means an individual or individuals who have obtained a permit from the city in accordance with Table 6.05.260(a) on a short-term basis (up to 14 days).

“Professional breeder” means an individual or individuals who keep five or more dogs over four months of age on any lot, building structure, enclosure, or premises for breeding, letting for hire, or selling. Professional breeders typically breed over two litters of puppies in a 12-month period. Requires a kennel permit.

“Quarantine” means the isolation of an animal under the observation of a licensed veterinarian or in the custody of the animal shelter in a substantial enclosure so that the animal is not subject to contact with other animals or unauthorized persons.

“Spayed” means having had the ovaries and uterus removed or extirpated; an ovariohysterectomy.

“Stray” means an animal which is at large.

“Vaccinated dog” means a dog inoculated with an approved, currently valid, antirabies vaccine, and wearing a current dog license tag indicating proof of such vaccination.

“Vicious animal” means an animal:

1. With a known propensity, tendency, or disposition to attack unprovoked, to cause injury to, or to otherwise endanger the safety of humans or other domestic animals;

2. Which attacks a human being or other domestic animal without provocation; or

3. Which is trained or used as a fighting animal.

4. This provision shall not apply to dogs owned or used by a government entity.

“Wild animals” means any animals of a species that in their natural life are wild, including hybrids, and animals which, as a result of their natural or wild condition, cannot be vaccinated effectively for rabies. These animals, however domesticated, shall be limited to:

1. Alligators and crocodiles;

2. Bears (Ursidae). All bears, including grizzly bears, brown bears, black bears, etc.;

3. Cat family (Felidae). All except the commonly accepted domesticated cats, and including cheetah, cougar, leopard, lion, lynx, panther, mountain lion, tiger, wildcat, etc.;

4. Dog family (Canidae). All except domesticated dogs, and including wolf, part wolf, fox, part fox, coyote, part coyote, dingo, etc.;

5. Porcupine (Erethizontidae);

6. Primate (Nonhuman). All subhuman primates;

7. Raccoon (Procyonidae). All raccoons, including eastern raccoon, desert raccoon, ringtailed cat, etc.;

8. Skunks;

9. Venomous fish and piranha;

10. Venomous snakes and lizards;

11. Weasels (Mustelidae). All including weasels, martens, wolverines, ferrets, badgers, otters, ermine, mink, mongoose, etc.;

12. The keeping of any wild animal which existed prior to the effective date of the ordinance codified in this chapter may be continued, except that if it is discontinued for one year or more it shall then be deemed abandoned and any future keeping of wild animals shall be in conformity with this chapter. [Ord. O-16-2019 § 2 (Exh. A); Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-1].

6.05.020 Penalty.

Any person violating any provision of this chapter shall be guilty of a misdemeanor and shall be punished by a fine of not to exceed $1,000 and imprisonment for a period not to exceed six months unless a different penalty shall be provided for herein. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-2].

6.05.030 Enforcement generally.

A. The department, each agent or deputy thereof who is assigned to duties which include the enforcement of animal regulation laws, and any peace officer are responsible for enforcing the provisions of this chapter and other provisions of state law which they have a duty to enforce.

B. Each of the individuals referred to in subsection A of this section shall have the power to make arrests for violations of those provisions of this chapter and of state law which he has a duty to enforce and to issue citations for such violations. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-3].

6.05.040 Right of entry for enforcement.

In the enforcement of any provision of this chapter, any animal regulation officer or authorized agent or deputy may enter the premises of any person to take possession of any animal in violation of this chapter. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-4].

6.05.050 Power and authority of animal regulation officer.

In the performance of his duties, the animal regulation officer is hereby vested with the power and authority of deputies within the county sheriff’s office. Badges of authority shall be issued by the county sheriff, and the recipient thereof shall be duly sworn in as a deputy sheriff of the county. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-5].

6.05.060 Investigations.

The department, public health officer and any peace officer may enter privately owned land to investigate reports of vicious animals, rabies, or other contagious animal diseases, and to investigate violations of and enforce the provisions of this chapter. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-6].

6.05.070 Hindering and obstructing enforcement.

It shall be unlawful for any person to interfere with, molest, hinder or prevent an animal regulation officer from discharging the duties designated under this chapter. Any person who shall hinder, delay, interfere with, or obstruct the animal regulation officer while engaging in capturing, securing or taking to the animal shelter any animal or animals to be impounded, or who shall break open or in any manner directly or indirectly aid, counsel, or advise the breaking open of any animal shelter or ambulance, wagon or other vehicle used for the collecting or conveying of any animals to the shelter shall be deemed guilty of a misdemeanor. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-7].

6.05.080 Reserved.

[Ord. O-18-2001 § 5-2-8].

6.05.090 Conditions of animal ownership.

It shall be unlawful for animal owners or keepers to fail to comply with the following standards of animal ownership, and in addition, the city may require, as a condition of licensing, that owners or keepers sign a contract to comply with each and all conditions:

A. Animals shall be restrained or confined as required by law.

B. Animals shall be humanely treated at all times.

C. Vaccinations, licenses, and permits shall be obtained as required by law.

D. Animal premises shall be kept clean and sanitary and shall not be allowed to constitute an insect habitat or reservoir, a source of offensive odors or of human or animal disease.

E. Animals and animal premises shall not be permitted to disturb the peace or constitute a public nuisance or hazard. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-9].

6.05.100 Wild animals.

It is unlawful for any person to sell, offer for sale, barter, give away, keep, own, harbor, or purchase any wild animal, except for government agencies or otherwise as provided for by state or federal regulations. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-10].

6.05.110 Dogs running at large.

A. It is 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 any violation(s) committed by the dog, regardless of whether or not the person knows the dog is running at large.

B. Trained dogs under the supervision of the owner may be at large while participating in field trials and obedience classes organized and sanctioned by recognized dog clubs, while assisting their owner or trainer in legal hunting or in herding of livestock, while assisting a peace officer engaged in law enforcement duties, or while being trained for the above purposes so long as such dogs are under direct and effective sound or gesture control within sight of such individuals to assure that they do not violate any other provisions of law. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-11].

6.05.120 Cats running at large.

It is unlawful for the owner or person having charge, care, custody, or control of any cat to allow such cat to run at large on the property of another. The owner or person charged with responsibility for a cat found running at large shall be strictly liable for any violation(s) committed by the cat, regardless of whether or not the person knows the cat is running at large. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-12].

6.05.130 Public nuisance.

The introduction, possession or maintenance of any animal, or the allowing of any animal to be in contravention of this chapter is, in addition to being a misdemeanor, hereby declared to be a public nuisance. The department, public health officer, and peace officers are hereby authorized, directed and empowered to summarily abate any such public nuisance by any means reasonably necessary, including but not limited to the destruction of the animal or animals involved.

A. Any animal which does any of the following shall be deemed a nuisance:

1. Causes damage to the property of anyone other than its owner or custodian;

2. Is a vicious animal as defined in this chapter and kept in a manner contrary to this chapter;

3. Causes unreasonable fouling of the air by odors;

4. Causes unsanitary conditions in enclosures or surroundings;

5. 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 owner or custodian of such animal shall remove any such defecation to a proper trash receptacle. Unsighted persons while relying on a guide dog shall be exempt from this subsection;

6. Barks, whines, or howls, or makes other disturbing noises in an excessive, continuous, or untimely fashion;

7. Molests passersby or chases passing vehicles;

8. Attacks other domestic animals;

9. Otherwise acts so as to constitute a nuisance or public nuisance under the provisions of Title 76, Chapter 10, Utah Code Annotated 1953.

B. An animal is a nuisance if it is determined by the department to be a nuisance by virtue of being offensive or dangerous to the public health, welfare, or safety.

C. Any animals which, by virtue of the number maintained, are determined by the department to be offensive or dangerous to the public health, welfare or safety. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-13].

6.05.140 Attacks by dogs.

A. Attacking Dogs. It is 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, means to harass by tearing, biting, or shaking with the teeth.

B. Owner Liability. The owner in violation of subsection A of this section shall be strictly liable for violation of this section. In addition to being subject to prosecution under subsection A of this section, 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.

C. Defenses. The following shall be considered in mitigating the penalties or damages, or in dismissing the charge:

1. That the dog was properly confined on the premises;

2. That the dog was deliberately or maliciously provoked.

D. Dogs May Be Killed. Any law enforcement officer may kill a dog while it is committing any of the acts specified in subsection A of this section or while the dog is being pursued thereafter. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-14].

6.05.150 Vicious animals.

A. An animal control officer upon probable cause that a violation of this chapter has occurred may require the owner or custodian of a vicious animal to deliver possession of the animal to an animal control officer. If after demand the owner or custodian fails or refuses to deliver possession of the animal to an animal control officer, the animal control officer may request an order from a court of competent jurisdiction requiring the owner or custodian to deliver possession of the animal to an animal control officer.

B. An animal control officer may summarily impound a vicious animal which is at large or which is an immediate danger to humans or domesticated animals.

C. If an animal control officer cannot gain control of a vicious animal, the officer may summarily destroy the animal.

D. If a vicious animal is impounded without the knowledge of the owner or custodian, notice that the animal has been impounded shall be given to the owner or custodian of the animal, if the same is known, by attaching a notice to a door at the residence thereof or by mailing a notice thereto.

E. A vicious animal impounded by an order of a court acting pursuant to this section shall be destroyed or otherwise disposed of as the court shall direct.

F. A vicious animal impounded without a court order shall be held not less than five days, after which it may be destroyed or otherwise disposed of as the supervising control officer may direct.

G. The owner or custodian of an animal impounded other than by a court order may contest the impounding by filing a notice with the proper court within five days after the impounding. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-15].

6.05.160 Possession of a vicious dog.

The possession of a vicious dog is unlawful unless it is restrained, confined, or muzzled so that it cannot bite or attack any person or animal. Dogs held in violation of this section shall be deemed a public nuisance, and their continued possession or ownership shall be unlawful. The department may impound any such dog and dispose of it in any humane manner after five working days to allow for legal restraining action by the owner. The following are conditions of ownership of any animal which is fierce, dangerous, or vicious:

A. The dog must be kept in a heavy gauge wire dog run which is six feet in height with a secure ceiling and floor.

B. The dog must be kept on a leash and properly muzzled when out of its kennel. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-16].

6.05.170 Allowing vicious animals to go at large.

Any owner of a vicious animal, knowing its propensities, who willfully allows it to go at large or who keeps it without ordinary care, and any animal that while at large, or while not kept with ordinary care, causes injury to another animal or to any human being who has taken reasonable precaution which the circumstances permitted, is guilty of a Class B misdemeanor. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-17].

6.05.180 Guard dogs.

Guard dogs shall be kept in such a manner so that they cannot come into contact with persons or other animals who are legally upon the premises where a guard dog is maintained. The property shall be posted with a sign clearly visible stating that a guard dog is on the premises. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-18].

6.05.190 Judicially excluded animals.

It shall be unlawful to bring any animal into the city which has in any jurisdiction:

A. Been judicially determined to be vicious, a nuisance, or a threat to the health or safety of human beings.

B. Been judicially removed from any county or municipality for violations of the laws or ordinances which by their nature are also in violation of this chapter. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-19].

6.05.200 Livestock.

A. It is unlawful for any person owning or having the custody, possession, or control of an animal of a class of livestock or fowl to allow, either negligently or with specific intent, the animal to run at large.

B. All fencing of property where a class of livestock or fowl are kept shall be of sufficient construction to prevent the escape of or injury to the animals being confined within the fencing. The fencing shall be maintained so that no part of such fence, absent extraordinary circumstances, may be broken, damaged, or in any way create the possibility of injury to the confined animal or to allow the escape thereof.

C. Any animal in violation of this section may be impounded. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-20].

6.05.210 Cruelty to animals.

A. A person commits cruelty to animals if he intentionally or knowingly:

1. Fails to provide any animal in his charge or custody with adequate food, drink, care, and shelter.

2. Abandons an animal in his custody.

3. Carries or confines 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.

4. Kills, maims, disfigures, tortures, beats with a stick, chain, club, or other object, mutilates, burns, scales, over-drives, overworks, or otherwise cruelly sets upon any animal. Each offense shall constitute a separate violation.

5. Makes 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.

6. Causes any animal, not including a dog, to fight with another animal or creature of like kind for amusement or gain; or causes any animal, including a dog, to fight with a different kind of animal or creature for amusement or gain.

B. It is an affirmative defense to prosecution under this section that the conduct of the actor towards the animal was by a licensed veterinarian using accepted veterinary practice, or directly related to bona fide experimentation for scientific research; provided, that if the animal is to be destroyed, the manner employed will not be unnecessarily cruel unless directly necessary to the veterinary purpose or scientific research involved.

C. Violation of this section is a Class B misdemeanor. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-21].

6.05.220 Dog fighting.

A. It is unlawful for any person to:

1. Own, possess, keep, or train a dog with the intent to engage it in an exhibition of fighting with another dog;

2. Cause a dog to fight with another dog or cause a dog to injure another dog for amusement or gain;

3. Tie, attach, or fasten any live animal to a machine or device propelled by any power, for the purpose of causing the animal to be pursued by a dog; or

4. Permit or allow any act which violates subsection (A)(1), (A)(2) or (A)(3) of this section on any premises under his charge; or to control, aid or abet any such act.

B. Possession of any breaking stick, treadmill, wheel, hot walker, cat mill, cat walker, jenny, or other paraphernalia together with evidence that the paraphernalia is being used or is intended for use in the unlawful training of a dog to fight with another dog, together with the possession of any such dog, is prima facie evidence of violation of subsections (A)(2) and (A)(3) of this section.

C. A person who violates subsection A of this section is guilty of a Class B misdemeanor.

D. It is unlawful for any person to knowingly and intentionally be present as a spectator at any place, made for an exhibition of dog fighting, or to knowingly and intentionally be present at a dog fighting exhibition or any other occurrence of fighting or injury described in this section. A person who violates this subsection is guilty of a Class B misdemeanor.

E. Nothing in this section shall be interpreted to prohibit any of the following:

1. The use of dogs for the management of livestock by the owner, his employees or agents, or any other person in the lawful custody of livestock;

2. The use of dogs for hunting;

3. The training of dogs or the possession or use of equipment in the training of dogs for any purpose not prohibited by law. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-21.1].

6.05.230 Animal fighting exhibitions.

It is unlawful for a person to knowingly be present as a spectator at any place, building, or tenement where preparations are being made for an exhibition of the fighting of animals, as prohibited by EMMC 6.05.210(A)(6), or to be present at such exhibition, regardless of whether any entrance fee has been charged. A person who violates this section is guilty of a Class B misdemeanor. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-21.2].

6.05.240 Authority to arrest and take possession of dogs and property.

A. A deputy animal control officer may enter any place, building, or tenement where an exhibition of dog fighting is occurring, or where preparations are being made for such an exhibition, and without a warrant arrest all persons present.

B. Notwithstanding the provisions of EMMC 6.05.250, any authorized officer who makes an arrest under subsection A of this section may lawfully take possession of all dogs, paraphernalia, implements, or other property or things used or employed, or to be employed, in an exhibition of dog fighting prohibited by EMMC 6.05.210(A)(6) or 6.05.220. The officer, at the time of that taking, shall state his name and provide other identifying information to the person in charge of the dogs or property taken.

C. After taking possession of dogs, paraphernalia, implements, or other property under subsection B of this section, the officer shall file an affidavit with the judge or magistrate before whom a complaint has been made against any person arrested under this section. That affidavit shall include:

1. The name of the person charged in the complaint;

2. A description of all property taken;

3. The time and place of the taking;

4. The name of the person from whom the property was taken;

5. The name of the person who claims to own the property, if known;

6. A statement that the officer has reason to believe and does believe that the property taken was used or employed, or was to be used or employed, in violation of EMMC 6.05.210(A)(6) or 6.05.220 and the grounds for such belief.

D. The officer shall deliver the confiscated property to the judge or magistrate who shall, by order, place the property in the custody of the officer or any other person designated in the order, and that person shall keep the property until conviction or final discharge of the person against whom the complaint was made. The person so designated shall assume immediate custody of that property, and retain that property until further order of the court. Upon conviction of the person charged, all confiscated property shall be forfeited and destroyed or otherwise disposed of, as the court may order. If the person charged is acquitted or discharged without conviction, the court shall, on demand, order the property to be returned to its owner. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-21.3].

6.05.250 Officers’ authority to take possession of animals – Lien for care.

A. Any law enforcement officer may take possession of any animals being treated cruelly and, after reasonable efforts to notify the owner, may provide shelter and care for them or upon permission of the owner destroy them.

B. Officers caring for animals pursuant to this section have a lien for the reasonable value of the care and/or destruction. Any court upon proof that the owner has been notified of the lien and amount due, at least five days prior, shall order the animal sold at public auction or destroyed.

C. Any law enforcement officer may humanely destroy any animal found suffering past recovery for any useful purpose. Before destroying the animal the officer shall obtain the judgment of a veterinarian, or of two reputable citizens called by him/her to view the animal in his presence, or shall obtain consent to the destruction from the owner of the animal. Its owner may be cited and/or charged for impound and sheltering fees. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-21.4].

6.05.260 Number of animals.

No person may harbor or possess more than the number of dogs shown in Table 6.05.260(a) or more than four cats, four months of age or older, without acquiring a short-term pet sitting license, kennel license, or a hobby breeder license for such use or facility from the city. Ownership of more than four cats without said licenses must be approved by the animal regulation coordinator for a legitimate business purpose.

Table 6.05.260(a)
Maximum Permitted Number of Dogs by Lot Size
Dog Size	Lot Size	Dogs Allowed as Pets (No License Required)	Hobby Breeder License*	Short-Term Dog Sitting*	Kennel
Small	Condos/Apartments or Townhomes	2	n/a	2	n/a
Large	Condos/Apartments or Townhomes	2	n/a	2	n/a
Small	Under 5,500 SF	2	4	4	n/a
Large	Under 5,500 SF	2	3	3	n/a
Small	5,501 – 8,000 SF	3	4	4	n/a
Large	5,501 – 8,000 SF	3	4	4	n/a
Small	8,001 – 21,780 SF	4	6	6	n/a
Large	8,001 – 21,780 SF	4	5	5	n/a
Small	21,781 SF – l Acre	4	6	6	n/a
Large	21,781 SF – l Acre	4	6	6	n/a
Small	> l Acre to < 10 Acres	4	8	8**	n/a
Large	> l Acre to < 10 Acres	4	8	8**	n/a
Small	> 10 Acres to < 20 Acres	6	12**	12**	As approved by PC
Large	> 10 Acres to < 20 Acres	6	12**	12**	As approved by PC
Small	> 20 Acres	8	16**	16**	As approved by PC
Large	> 20 Acres	8	16**	16**	As approved bv PC
* Total number of dogs allowed on property
** Additional dogs may be approved by the planning commission

[Ord. O-16-2019 § 2 (Exh. A); Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-22].

6.05.270 Kennels, short-term pet sitters, and hobby breeder licenses required.

A city-issued license shall be required for all kennels, short-term pet sitting, and hobby breeders. Pet sitters and hobby breeders are both permitted subject to the standards of this chapter and shall be approved by the community development director or his/her designee in accordance with this title.

Kennels are conditional uses within the agriculture and industrial zones and may only be permitted on lots greater than 40 acres in size. Kennels shall be approved as a conditional use permit by the planning commission in accordance with this title.

A. Requirements.

1. License. Each kennel, pet sitter, and hobby breeder must have a current valid license and a current valid business license. Such licenses are required to be displayed and readily available for inspection by any authorized person.

2. Records. A license record must be kept available for inspection, such record to show: the name, current address, and telephone number of the owner of the dog; the date the dog entered the kennel/house/property; the reason for its being in the kennel, i.e., for boarding, sale, breeding, grooming, etc.; the description of the dog (age, breed, sex, color, etc.). For any dog over four months of age, a current valid rabies certificate shall be maintained as a part of this record, as long as the dog is maintained in the kennel.

B. Physical Facilities. The basic intent of these regulations is to see that all animals receive proper care, that they are being treated kindly, properly fed, and that their surroundings are being kept in a sanitary condition.

1. Animal Rooms.

a. Cage. Cage length and width shall exceed the animal’s length from the base of the tail to the tip of the nose by at least six inches. Cage height shall exceed the animal’s height by at least four inches. Small puppies may be caged together using their combined length according to the above formula. Cages shall be so constructed and be of such material as to be maintained in a sanitary condition. Animals shall be removed from and be provided with an exercise yard for their use for such periods as determined by the size, age, and condition of the animal. Diseased animals must be maintained apart from healthy animals in suitable and separate quarters.

b. General. Walls and floors shall be of material easily cleaned and kept in a sanitary condition. The room shall be properly screened, insect- and vermin-proof. It shall be properly ventilated to prevent drafts and remove odors. Heating and cooling should be provided as required, with sufficient light (preferably natural) to allow observation of animals, and sanitation.

2. Outdoor facilities shall be provided with windbreaks, roofing, and shelter adequate to protect the animals from the weather. They shall be adequately drained and maintained in a sanitary manner. Adequate and sanitary means of disposing of droppings shall be provided. All kennel runs shall be fenced (chain link or welded wire) such fence to be separate and apart from property boundary fence. Kennel runs shall have a minimum free and clear area of 10 square feet per dog. Indoor shelter, except where animals are caged, shall have a minimum of six square feet per dog. When the minimum area is provided it should be supplemented with exercise yards for dogs which are maintained for extended periods. Kennels shall not be left unattended for a period in excess of 24 hours. All animals shall be supplied with sufficient good and wholesome food and fresh water as the feeding habits of such animals require.

All areas of kennel runs, yards, food storage, and auxiliary buildings shall be subject to inspection by authorized persons.

An emergency name, address, and phone number must be posted in a conspicuous place at the front of the property for use by authorized persons. [Ord. O-16-2019 § 2 (Exh. A); Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-23].

6.05.280 Hobby breeders license.

Where permitted by this chapter, amateur and hobby breeders of dogs may obtain a permit to keep up to the number of dogs allowed in Table 6.05.260(a) in a residential area. Interested persons shall make application for a hobby breeder license on forms prepared by the planning department. No hobby breeder license shall be processed without the submission of the application and all the supporting materials as required by this chapter and the processing fee. Incomplete applications will not be processed under any circumstance.

A. Supporting Materials. The hobby breeder license application shall be submitted with the materials listed herein:

1. Proof that all dogs are individually licensed.

2. Proof of rabies certificate(s) for all dogs required to receive a license.

3. Proof all dogs are registered with a national registry (AKC, UKC, ECT).

4. Adequate runs (not necessarily concrete) as follows:

a. Mature small dogs, minimum four-foot-high fencing.

b. Mature large dogs, minimum six-foot-high fencing.

5. Number of dogs to be kept in compliance with Table 6.05.260(a).

B. Other provisions include:

1. The holder of a license issued under this section may keep one litter intact until the dogs reach six months of age; one animal from the litter may be retained until it reaches 12 months of age. At no time may the holder of the license retain more than nine dogs over six months of age nor more than eight dogs over one year of age.

2. The holder of a license issued under this section may not breed more than two puppy litters within a 12-month period.

3. Other provisions of this chapter are complied with and no dog or premises is deemed a nuisance.

4. The licensee shall notify the city recorder within 30 days of any change in his/her establishment or operation which may affect the status of his/her license. In the event of a change in ownership of the establishment the licensee shall notify the city recorder immediately. Licenses shall not be transferable. [Ord. O-16-2019 § 2 (Exh. A); Ord. O-12-2017 § 2 (Exh. A); Ord O-18-2001 § 5-2-25. Formerly 6.05.290].

6.05.290 Short-term pet sitting license.

Where permitted by this chapter individuals may provide short-term pet sitting inside their homes or on their residential property as a home-based business. Interested persons shall submit an application for a short-term pet sitting license on forms prepared by the planning department. No short-term pet sitting license shall be processed without the submission of the application and all supporting materials (including processing fee) as required by this chapter. Incomplete applications will not be processed under any circumstance.

A. Supporting Materials. The short-term pet sitting license application shall be submitted with the materials listed herein:

1. Proof of a valid business license.

2. A signed and notarized letter indicating that the applicant at no time will have more animals on site (including owned pets) than the maximum number of animals detailed in Table 6.05.260(a). If the applicant has a mix of different animal sizes on site, the site shall be restricted to the maximum number of dogs allowed of the largest dog on site.

B. Short-Term Pet Sitting Regulations.

1. No dog may be watched for more than 14 days at a time.

2. The applicant shall require proof of rabies certificates and all other state-required vaccines for all boarded dogs.

3. Dogs must be provided external dog runs in accordance with this chapter, unless it is specifically permitted by the community development director or his/her designee to allow for fenced-in rear yards to provide exercise area. (Approval criteria are evidence of a sturdy six-foot fence or wall maintained in good condition without holes or gaps that can be shown as sufficient to keep dogs safely in the rear yard.)

4. Other provisions of this chapter are complied with and no dog or premises is deemed a nuisance. [Ord. O-16-2019 § 2 (Exh. A)].

6.05.300 Kennel license.

A city-issued license shall be required for all kennels. A kennel license shall be required for any long-term boarding (15 or more days), professional breeding, buying, letting for hire, or selling of dogs.

Kennels are conditional uses in the agriculture and industrial zone and require planning commission approval. Interested persons shall make application for kennel license on forms prepared by the planning department. No kennel license shall be processed without the submission of the application and all the supporting materials (including processing fee) as required by this chapter. Incomplete applications will not be processed under any circumstance.

A. Requirements.

1. Minimum lot size is 40 acres.

2. Located within the agriculture or industrial zones.

3. A business license is required (not permitted as home-based business).

B. The Eagle Mountain Planning Commission shall hold a public hearing on any proposed kennel including any proposed long-term boarding (boarding of animals for 15+ days), professional breeding, buying, letting for hire, and selling of dogs. The maximum number of dogs permitted shall be determined by the planning commission based on:

1. Lot size.

2. Number and/or size of dog runs.

3. Dog facilities (outdoor/indoor kennels, dog runs, fencing, landscaping).

4. Compatibility with surrounding neighborhood.

5. Anticipated noise and/or odor concerns. [Ord. O-16-2019 § 2 (Exh. A)].

6.05.310 General regulations relating to animals.

Every person within Eagle Mountain City who owns any animal or who owns, conducts, manages, or operates any animal establishment for which a license is required is also required by this chapter to comply with the following standards and requirements:

A. Structural Strength. Housing facilities for animals shall be structurally sound and shall be maintained in good repair, to protect the animals from injury, to contain the animals, and to restrict the entrance of other animals.

B. All animals shall be supplied with sufficient good and wholesome food and fresh water as often as the feeding habits of the respective animals require.

C. All animals and all animal buildings or enclosures shall be maintained in a clean and sanitary condition.

D. All animals shall be so maintained so as to eliminate excessive odor and noise.

E. No animal shall be without attention more than 24 consecutive hours. Whenever an animal is left unattended at a commercial animal facility, the telephone number of the department of animal control or the name, address and telephone number of the responsible person shall be posted in a conspicuous place at the front of the property. However, this provision shall not apply to livestock. Livestock shall be attended at reasonable intervals.

F. Animals shall be treated humanely, and no conditions shall be maintained or permitted that are or could be injurious to the animal.

G. Animal buildings and enclosures shall be so constructed and maintained as to prevent escape of the animal. All reasonable precautions shall be taken to protect the public from the animal and the animal from the public.

H. Every building or enclosure wherein animals are maintained shall be constructed of a material easily cleaned and shall be kept in a sanitary condition. The building shall be properly ventilated to prevent drafts and to remove odors. Heating, cooling, and shelter shall be provided as required according to the physical need of the animal, with sufficient light to allow observation of animals and sanitation.

I. Medical treatment shall be provided as necessary in order to maintain the health of the animals.

J. All animal rooms, cages, kennels, and runs shall be of sufficient size to provide adequate and proper accommodations for the animals kept therein.

K. Owners shall not allow animals which are natural enemies, temperamentally unsuited, or otherwise incompatible to be quartered together or so near each other as to cause injury, fear, or torment.

L. All wild animals permitted pursuant to this section shall be maintained in buildings, enclosed yards, or cages as specified by the coordinator and such shall be kept at distances from adjacent buildings as specified in EMMC Titles 16 and 17 and the Utah County health ordinances.

Representatives of Utah County sheriff’s department or other duly designated representatives of the city and/or county may enter any premises where animals are maintained for investigation or inspection as to whether or not any portion of such premises, building, structure, enclosure, pen, or cage is being used, kept, or maintained in violation of this chapter. This section does not permit any person to enter a private dwelling except where necessary to rescue an animal. [Ord. O-16-2019 § 2 (Exh. A); Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-24. Formerly 6.05.280].

6.05.320 Dog-based businesses.

This section establishes approval criteria and outlines requirements for other dog-based businesses. The purpose of this section is to allow for certain dog-based businesses. Any use not specifically permitted shall be prohibited.

A. Permitted with Home-Based Business License. The following uses shall be permitted as home-based businesses provided they comply with the standards of Chapter 17.65 EMMC, Home Businesses:

1. Dog training.

2. Dog grooming.

B. Conditional Uses. The following use(s) shall be approved as conditional use permits with an approved kennel permit:

1. Professional breeders. [Ord. O-16-2019 § 2 (Exh. A)].

6.05.330 Loss of privilege to maintain dog in city.

If the owner or custodian of any dog is convicted of any violation of this chapter on three or more different occasions during any 12-month period, the city may issue an order denying the right of the owner or custodian to maintain a dog in the city for a period of two years. Prior to final denial of such privilege, written notice shall be sent to the owner’s or custodian’s last known address informing the owner or custodian of the county’s intent to deny his privilege of maintaining a dog in the city. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-26].

6.05.340 Injuries and communicable diseases.

No person shall knowingly harbor or keep any dog or other animal with a serious injury or afflicted with mange, ringworm, distemper or any other contagious disease, unless such a dog or other animal is, in the opinion of the department or the county veterinarian, being given adequate treatment for such disease. The department or the county veterinarian may take immediate possession of any such animal not being so treated or which is not responding to such treatment, and immediately dispose of the animal unless the owner shall forthwith place such animal under the control and treatment of a licensed veterinarian. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-27].

6.05.350 Fees, charges, etc.

The fees and charges which may be imposed under the provisions of this chapter shall be as determined and established by resolution of the city council of Eagle Mountain City from time to time and on file in the office of the city recorder and the coordinator of animal regulation. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-2-28].

Article III. Impoundment

6.05.360 Authorized.

The department, peace officers and persons employed for animal regulation purposes by the county shall attempt to capture any animal found at large in violation of this chapter and may destroy an animal at large if, in their judgment, such action is required for the protection of the public health and safety. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-3-1].

6.05.370 Animals to be impounded.

The following animals may be taken into custody by an animal regulation deputy and impounded without the filing of a complaint:

A. Any vicious animal not properly confined as required by this chapter.

B. Any animal running at large.

C. Any unlicensed animal which is required by this chapter to be licensed. Any animal not wearing a tag shall be presumed to be unlicensed for purposes of this subsection, except those dogs specifically exempted.

D. Sick or injured animals whose owner cannot be located.

E. Any abandoned animal.

F. Animals which are not wearing a rabies vaccination tag in accordance with the requirements of this chapter.

G. Any animal to be held for quarantine.

H. Any animal being kept or maintained contrary to the provisions of this chapter. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-3-2].

6.05.380 Capture by individuals.

Any person who finds an animal at large may take it into his possession and must within 24 hours thereafter notify the department and surrender the animal to the department upon demand. No such action shall result in a charge against the city or the county. The finder of an animal at large shall use reasonable care to preserve it from injury; however, he shall not be held liable if the animal dies, escapes or injures itself while he is carrying out the provisions of this section except as occasioned by his own negligence. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-3-3].

6.05.390 Information upon relinquishment.

Any person who relinquishes an animal to the department shall give his name, address and, if he is not the owner, the location where he found the animal. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-3-4].

6.05.400 Notice to owner.

Upon receipt of a lost or stray animal bearing a current year’s license tag, the department shall immediately telephone or mail to the owner of record, at the address indicated on the license form, a notice of the location of the animal. Compliance with notice requirements of this section shall be deemed as met if the department shall have mailed the notice to the owner of record at his address of record, postage prepaid. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-3-5].

6.05.410 Redemption by owner.

The owner of an impounded animal may claim it prior to its legal disposition by providing proper identification, meeting all the legal requirements, and paying the applicable redemption fees for impoundment, board, medical care, vaccination, and/or other costs. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-3-6].

6.05.420 Holding period.

The department shall hold an impounded lost or stray dog or cat for not less than three working days if it was not wearing a current year’s license tag when impounded and for not less than five working days after notice is given pursuant to this chapter if it was wearing a current year’s license tag, so that the owner or custodian may claim it prior to other disposition. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-3-7].

6.05.430 Disposal of unredeemed animals.

The department may dispose of humanely, or may transfer to a new owner upon payment of the applicable fee, any impounded animal not claimed by its owner or custodian within the prescribed holding time. Animals relinquished by their owners may be humanely destroyed without regard to the prescribed holding time in order to alleviate suffering or to protect other impounded animals from exposure to a contagious disease. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-3-8].

6.05.440 Destruction of animals.

When, in the judgment of the animal regulation coordinator, it is determined that an impounded animal should be destroyed for humane reasons, disease control or to protect the public or animal regulation personnel 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. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-3-9].

6.05.450 Redemption of unvaccinated animal.

A. All unvaccinated animals at the county animal shelter may be vaccinated before being released. The person taking custody of the animal shall pay for the cost of the vaccination before the animal is released.

B. If a veterinarian is not available then the owner of any impounded animal which has not been vaccinated as required by this chapter upon satisfactory proof of ownership may redeem his animal by making a deposit of $10.00 with the coordinator and be allowed 10 days to get such animal vaccinated. If the owner fails to procure a vaccination certificate within such 10 days, the deposit shall be forfeited and the animal shall be impounded. Upon presentation within such period of time of a certificate of vaccination issued under this chapter, the deposit shall be refunded. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-3-10].

6.05.460 Vaccination.

Any animal impounded at the county animal shelter may be vaccinated for disease control. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-3-11].

6.05.470 Establishment of animal disposal facilities.

The department shall establish at the county animal shelter a humane procedure for euthanasia of animals. The department may, at its option, upon payment of applicable fees, accept animals for humane disposal. The owner or possessor of such animals shall first complete appropriate forms setting forth the facts constituting such ownership and/or possession, certifying that he has the right to request disposal of such animals and agree to hold the county, its agents and employees harmless from any liability for its acceptance and disposal of such animals. The owner or person requesting the disposal of any animal shall certify in writing that, to the best of his knowledge, the animal has not bitten a human being or animal within the period established by this chapter for isolation of biting animals and suspected rabid animals. Notwithstanding the foregoing, the department, the health officer, or the county veterinarian may authorize, with permission of the owner if known, the euthanasia of a biting animal for the purpose of laboratory examination. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-3-12].

Article IV. Licensing and Registration

6.05.480 Licenses generally.

A. Required. All dog owners, except tourists or visitors who stay less than one month in an area coming within the jurisdiction of this chapter, shall apply for and obtain a separate dog license for each dog they own, possess, keep, or harbor, after it is four months old. Each license shall be issued by the county or by duly authorized veterinarians. All dog owners must possess such license at the time the dog is four months old or one month after obtaining or bringing into an area coming within the jurisdiction of this chapter any dog over four months of age. Dog owners shall renew the dog license before it becomes delinquent for as long as they own, possess, keep or harbor, or otherwise have custody of the dog. If renewal is not required, dog owners shall within two months after the expiration date advise the county of the reason therefor.

B. Presumption That License Required. Any dog legally impounded according to the provisions of this chapter shall be presumed to be a dog which, prior to impounding, required a license, regardless of such dog’s actual age or owner’s place of residence.

C. Issuance. Upon presentation by the dog owner of a properly completed license application form including proof that the rabies vaccination will be valid throughout the license period, the proper license fee, and if applicable, a late or delinquent fee, the county shall issue a validated dog license. The dog owner shall retain the dog license for inspection by any person charged with the enforcement of this chapter.

D. Validity – Rabies Vaccination Prerequisite to Issuance. Licenses shall be valid from the date issued until the expiration date. No dog shall be licensed without proof of approved rabies vaccination. No license may expire later than the expiration date of the rabies vaccination.

E. Lost or Damaged Tags – Tags to Be Worn – Exception. Whenever a license tag is lost or damaged, the owner shall apply for and secure a replacement from the county upon payment of the prescribed fee. Each dog required to be licensed shall wear at all times the current license tag assigned to that dog, except:

1. When the dog is participating in any dog exhibition, field trial, or competition; or

2. When the dog is confined in a licensed kennel or veterinary hospital, in which case the license tag number shall be recorded and placed nearby so that it is readily identifiable with the dog with which it belongs; or if not licensed, that fact shall be clearly indicated on the facility’s records. A license tag shall not be removed from any dog without the consent of the owner thereof.

F. Duty of Person Issuing License. Each duly authorized person issuing a dog license for any dog shall complete the license in triplicate. He shall keep one copy and shall give one copy to the owner of the licensed dog, which the owner shall retain in his possession. He shall file the other copy with the county on a monthly basis.

G. Transfer License.

1. Owners of dogs having a current license issued by another dog licensing agency may upon proof of license issued by said agency be issued a county dog license upon payment of the applicable transfer fee. The rabies vaccination for any such dog must be valid for the duration of the license issued.

2. Whenever the ownership of a licensed dog changes, the new owner shall apply for and obtain a transfer license and pay the applicable fee.

3. The address of the owner is presumed to be the address where the dog is kept. Any change of address must be reported to the county within one month following such change.

4. Dog owners or the parent or guardian of minor children who sell or otherwise transfer the ownership or custody of a dog shall within one month thereafter inform the department of the name, address and telephone number of the new owner and the name and description of the dog. If the ownership or custody of a vicious dog is transferred, the owner or the parent or guardian of minor children shall, in addition, advise the new owner in writing of the details of the dog’s record and provide the department with a copy thereof containing an acknowledgment by the new owner of his receipt of the original. [Ord. O-18-2021 § 2 (Exh. A); Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-4-1].

6.05.490 Exceptions.

The provisions of this article shall not apply to the following:

A. Transient and Show Dogs. Dogs whose owners are nonresidents temporarily within the county for 30 days or less, or dogs brought into the county for purpose of participating in any dog show.

B. Dog Maintained in a Licensed Kennel. Any dog which has not reached the age of four months or any dog kept or maintained exclusively in a licensed kennel shall not be registered and no fee is required.

C. Seeing Eye, Hearing and Law Enforcement Dogs. Any dog which has been duly or properly trained to assist the blind, deaf, or law enforcement personnel and is currently acting in that capacity.

D. Dogs Maintained by Impecunious Person. If any person shall furnish evidence satisfactory to the department that such person, by reason of unavoidable poverty, merits exemption from the payment of any fees or charges by this article, the dog shall be registered but the department shall waive the payment of any such fees or charges.

E. Police service dogs. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-4-2].

6.05.500 Vaccination – Dogs.

A. Vaccination Required. Dog owners shall obtain a rabies vaccination for each dog they own, keep, harbor, or have custody of, within one month after it becomes four months of age, or within one month after obtaining any dog over four months of age. It shall be unlawful for any person or persons to own, keep, harbor, or possess, or to have in his or her care, charge, or custody, any dog four months of age or over unless such dog has a current and valid rabies vaccination administered by any duly qualified and licensed veterinarian, with a rabies vaccine approved by the State Department of Health for use in dogs. Such vaccination shall be repeated at intervals specified by the State Department of Health in order to maintain adequate immunity.

B. Exemption from Rabies Vaccination during Illness. Notwithstanding any other provisions of this chapter, a dog need not be vaccinated for rabies during an illness if a licensed veterinarian has examined the dog and certified in writing that such vaccination should be postponed because of a specified illness. Old age, debility and pregnancy are not considered contraindications to rabies vaccination. Exemption certificates are subject to approval by the department and shall be valid only for the duration of the illness. Exemption from vaccination does not exempt a dog from the licensing requirement. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-4-3].

6.05.510 Vaccination – Cats.

Cat owners shall obtain a rabies vaccination for each cat they own, keep, harbor, or have custody of, within one month after it becomes four months of age, or within one month after obtaining any cat over four months of age. It shall be unlawful for any person or persons to own, keep, harbor, or possess, or to have in his or her care, charge, or custody, any cat four months of age or over unless such cat has a current and valid rabies vaccination administered by any duly qualified and licensed veterinarian, with a rabies vaccine approved by the State Department of Health for use in cats. Such vaccination shall be repeated at intervals specified by the State Department of Health in order to maintain adequate immunity. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-4-4].

6.05.520 Voluntary registration of cats.

The owner of any cat may, upon submission of proof of rabies vaccination, certified to by a licensed veterinarian, and upon payment of the fee established by resolution of the city council, be issued a license certificate and tag. No person shall remove a registration tag from a cat without the consent of the owner thereof. Licensing shall be valid for the period of rabies vaccination. The obtaining of such a license shall be optional on the part of the owner. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-4-5].

Article V. Rabies Control

6.05.530 Report of bites.

All persons bitten and the parents or guardians of minor children bitten by a dog, cat, skunk, fox, bat, coyote, bobcat, or other animal known to constitute a serious threat of rabies shall notify the department or city-county health department immediately thereafter. Physicians treating such bites and other persons having the knowledge of such bites shall also be required to make such notification. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-5-1].

6.05.540 Report of suspected rabid animals.

Any person who observes or has knowledge of an animal which shows symptoms of rabies or which acts in a manner which would lead to a reasonable suspicion that it may have rabies shall notify the department or city-county health department and comply with appropriate laws and regulations regarding suspected cases of rabies as directed by the department or city-county health department. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-5-2].

6.05.550 Quarantine for 10 days for biting or suspected rabid animals.

Upon the reasonable order of the department or public health officer, a biting or suspected rabid animal shall be, at the owner’s expense if owned, in strict confinement under proper care and under the observation of a licensed veterinarian in an animal shelter, veterinary hospital, or other adequate facility in a manner approved by the department or city-county health department. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-5-3].

6.05.560 Examination of head.

Any biting or suspected rabid animal or bat may be humanely euthanized immediately by the department or the health department, and such animal’s undamaged and properly packaged and properly refrigerated head shall be delivered promptly to an approved medical facility having the capability of performing the fluorescent antibody test to demonstrate the presence of rabies. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-5-4].

6.05.570 Domesticated animals.

The provisions of EMMC 6.05.560 notwithstanding, if the biting or suspected rabid animal is of the domesticated variety that is owned or obviously could have an owner, said animal shall be confined for a period of 10 days to allow time for an attempt to locate an owner unless the county veterinarian or other licensed veterinarian shall reasonably deem it necessary to sacrifice the animal for the purpose of laboratory examination. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-5-5].

6.05.580 Release.

Ten days after the day of infliction of a bite by an animal, said animal may be released to its owner or sold by the department after a licensed veterinarian has examined that animal and in his opinion found it not to have had rabies in a transmittable state on the day of infliction of said bite. Non-immunized animals shall be vaccinated for rabies before release to owner. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-5-6].

6.05.590 Animals possibly exposed to rabies.

Any animal of a species subject to rabies which has been bitten by a known rabid animal or bat, or which has been in intimate contact with such an animal, shall be isolated, at the owner’s expense if owned, in strict confinement in a place and manner approved by the department or public health officer and observed by a licensed veterinarian for a period of six months or destroyed. Notwithstanding the foregoing, the following alternative is permitted in case of dogs and cats. If the dog or cat has been vaccinated against rabies at least 30 days prior to the suspected exposure with a type of vaccine produced under U.S.D.A. license and within the time period approved by the State Veterinarian, the dog or cat may be revaccinated in a manner prescribed by the department or the health department and isolated in strict confinement in a place and manner approved by the department or public health officer and observed by a licensed veterinarian for a period of 30 days. [Ord. O-12-2017 § 2 (Exh. A); Ord. O-18-2001 § 5-5-7].