Chapter 6.05
ADMINISTRATIVE PROVISIONS
Sections:
6.05.010 Powers of animal control officer.
6.05.020 Duties of animal control officer.
6.05.030 Interference with officer prohibited.
6.05.040 Forfeiture of animal prior to disposition of criminal charges.
6.05.050 Administrative hearing.
6.05.070 Policies and procedures.
6.05.010 Powers of animal control officer.
(1) Any person employed by or under contract with the district as an animal control officer shall take an oath of office and is vested with the power and authority to enforce this title.
(2) Animal control officers and any other law enforcement officers are authorized and empowered to apprehend, take with them, and impound any animal found in violation of this title or state law including, but not limited to, licensable dogs for which no license has been procured in accordance with this title, or any licensed or unlicensed dogs for any other violation thereof or animals being treated cruelly (see Section 76-9-305, Utah Code Annotated 1953).
(3) Animal control officers and any other law enforcement officers shall attempt to capture any animal found at large in violation of this title and may destroy any animal at large if such action is necessary for public health and safety or that of any domestic pet or livestock. [Ord. 14-159, 2014.]
6.05.020 Duties of animal control officer.
The animal control officer shall:
(1) Enforce this title, state laws and district policies regarding animal control and perform other responsibilities pursuant thereto.
(2) Provide a monthly report of all activities and submit the same, as well as any other report deemed necessary, to the district’s executive director and administrative control board.
(3) See that all animals and animal holding, boarding and shelter facilities in this jurisdiction are licensed, controlled, and permitted in accordance with any applicable laws, ordinances and/or regulations.
(4) Issue citations for violations of this title and state law. [Ord. 14-159, 2014.]
6.05.030 Interference with officer prohibited.
It is unlawful for any person to knowingly, intentionally, or recklessly interfere with, molest, hinder or prevent any animal control officer from performing their duties. [Ord. 14-159, 2014.]
6.05.040 Forfeiture of animal prior to disposition of criminal charges.
(1) The district, prior to final disposition of any criminal charge against any animal’s owner, including animals impounded by the district, or person having charge, care, custody or control of such animal, may file a petition in a separate proceeding requesting that the court issue an order for the forfeiture of the animal to the district. Forfeiture of an animal means the animal belongs to the district and may be disposed of according to district procedures.
(2) Upon receipt of a petition, pursuant to subsection (1) of this section, the court shall set a hearing on the petition. The hearing shall be conducted within five days after the filing of the petition, or as soon as practicable.
(3) At a hearing, conducted pursuant to subsection (2) of this section, the district shall have the burden, by preponderance of the evidence, of establishing probable cause that the animal was the subject of or was subjected to a violation of this title. If the court finds that such a violation occurred, the court may order immediate forfeiture of the animal to the district, unless the defendant, within 72 hours of the hearing:
(a) Posts a security deposit or bond with the clerk in an amount determined by the court to be sufficient to repay all reasonable and necessary costs incurred, and anticipated to be incurred, by the district in caring for the animal from the date of initial impoundment to the date of trial; or
(b) Demonstrates to the court that proper alternative care has been arranged for the animal;
(c) Notwithstanding subsection (3)(a) of this section, a court may waive, for good cause shown, the requirement that the defendant post a security deposit or bond.
(4) If a security deposit or bond has been posted in accordance with subsection (3)(a) of this section, the district may draw from the security deposit or bond the actual reasonable and necessary costs incurred by the district in caring for the animal until the date of final disposition of the criminal action. If the trial is continued to a later date, any order of continuance shall require the defendant to post an additional security deposit or bond in an amount determined by the court, that shall be sufficient to repay all additional reasonable and necessary costs anticipated to be incurred by the district in caring for the animal until the date of final disposition of the criminal action, and the district may draw from the additional security deposit or bond as necessary.
(5) At the conclusion of the adjudication of the criminal charges, if the defendant is found guilty, the person who posted the security or bond is entitled to a refund of the security or bond in the amount not used for any expenses incurred by the district. If the defendant is found not guilty then the bond will be refunded to the person posting the bond or security. [Ord. 14-159, 2014.]
6.05.050 Administrative hearing.
A person aggrieved by an administrative decision of an administrative officer arising from the enforcement of this title may request, in writing, an administrative review of that decision before the administrative control board. The appeal shall be filed within 15 days of the decision by the administrative officer and shall be filed with the administrative control board. The administrative control board will schedule a hearing within 30 days of receipt of the notice of the appeal. The hearing will be pursuant to procedures adopted by the administrative control board. [Ord. 14-159, 2014.]
6.05.060 Administrative fees.
The administrative control board may, by written policy, set forth administrative fees to be charged for violations of this title. These fees shall be in addition to any criminal charges and fines for violation of this title. [Ord. 14-159, 2014.]
6.05.070 Policies and procedures.
The district may also adopt policies and procedures consistent with this title and state law including policies and procedures regarding disposition of animals. [Ord. 14-159, 2014.]