Chapter 6.21
ANIMALS
Sections:
6.21.020 Animals on unenclosed premises.
6.21.030 Female animal in heat.
6.21.040 Places prohibited to animals.
6.21.045 Unlawful to harbor stray animals.
6.21.050 Animals attacking persons and animals.
6.21.060 “Potentially dangerous” or “vicious” animals.
6.21.070 Ownership of “potentially dangerous” or “vicious” animals.
6.21.010 Animals at large.
(1) Except as provided in subsection (2) of this section, it is unlawful for the owner or person having charge, care, custody, or control of any animal to allow the animal to run at large or trespass on any private premises of another, or to be unrestrained on any public highway, street, sidewalk, alley, court, public ground or unfenced or otherwise unenclosed lot, or not within a sufficient, confined enclosure within any city or unincorporated Uintah County. The owner or person charged with responsibility for an animal found running at large shall be liable for a violation of this section, regardless of precautions taken to prevent the escape of the animal and regardless of whether or not he knows that the animal is running at large.
(2) Dogs may be at large while in participation in field trials and/or obedience classes organized and sanctioned by recognized dog clubs, while assisting their owner or trainer in legal hunting or herding of livestock, while assisting a peace officer engaged in law enforcement duties, while assisting their owners in search and rescue operations, while assisting their handicapped or disabled owners as a legitimate service dog, or while being trained for the above purposes so long as such dogs are directed with effective sound or gesture control within sight of such individuals to assure that they do not violate any other provisions of this title.
(3) All animals injured or killed in a street shall be considered as running at large and the animal control officer shall remove all said animals and, at his discretion, take those needing medical attention to a veterinarian or to the animal shelter. The owners of such animals shall be liable for all expense of such veterinary treatment and of the impoundment or disposal. [Ord. 14-159, 2014.]
6.21.015 Estray livestock.
Estray livestock is governed by Section 4-25-1 et seq., Utah Code Annotated 1953, and Uintah County Ordinance Title 6, Chapter 6.48. [Ord. 14-159, 2014.]
6.21.020 Animals on unenclosed premises.
It is unlawful for any person to chain, stake out, or tether any animal on unenclosed premises in such a manner that the animal may go beyond the property line, premises being construed not to include the parkway and sidewalk in front of the property, regardless of whether such person has permission of the owner of the affected property. [Ord. 14-159, 2014.]
6.21.030 Female animal in heat.
Any person or persons having charge, care, custody, or control of any female animal in heat shall, in addition to restraining such animal from running at large, cause such animal to be constantly confined in a building or secure enclosure so as to prevent it from attracting by scent or coming into contact with other animals, except for planned breeding. [Ord. 14-159, 2014.]
6.21.040 Places prohibited to animals.
It is unlawful for any person to take or permit any animal, whether loose or on a leash or in arms, or any type of carrier, kennel or cage in or about any establishment or place of business where food or food products are sold or displayed including, but not limited to, restaurants, grocery stores, meat markets, and fruit or vegetable stores, except for service animals, or dogs working with law enforcement agencies. [Ord. 14-159, 2014.]
6.21.045 Unlawful to harbor stray animals.
It is unlawful for any person, except a licensed animal welfare society, to harbor or keep any lost, abandoned, or stray animal longer than 72 hours. Whenever any animal shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the animal control officer within 72 hours, and the officer shall impound the animal as herein provided. [Ord. 14-159, 2014.]
6.21.050 Animals attacking persons and animals.
(1) Attacking Animals. It is unlawful for any animal to attack, or attempt to attack, chase, or worry any person, any domesticated animal, any domesticated livestock, or any species of hooved protected wildlife, or to attack domestic fowl.
(2) Owner Liability. The owner or person having charge, care, custody or control of an animal that is in violation of subsection (1) of this section shall be guilty of a Class B misdemeanor and shall also be strictly liable for any damages to any person injured or to the owner of any animal(s) or livestock injured or destroyed thereby. If the animal causes the death of a human being then the provisions of Section 76-9-304, Utah Code Annotated 1953, will apply.
(3) Defenses. The following shall be defenses to a violation of subsection (1) of this section:
(a) The animal was properly confined on the premises; or
(b) The animal was deliberately or maliciously provoked or threatened; or
(c) The animal was being used by law enforcement officers in the performance of their duties; or
(d) The threat, injury, or death was sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the animal, or was committing a willful trespass or other tort upon the premises or property owned or occupied by the owner of the animal; or
(e) The animal was responding to pain or injury, or was protecting itself, its owner, custodian or member of its household, kennel or offspring unless the animal or its owner or custodian was involved in illegal activity; or
(f) The injury or damage to a domestic animal was sustained while the dog was working as a hunting dog, herding dog, or predator control dog on the property of, or under the control of, its owner or custodian, and the damage or injury was to a species or type of domestic animal appropriate to the work of the dog.
(4) Animals May Be Killed. Any person may kill an animal while it is committing any of the acts specified in subsection (1) of this section or while such animal is being pursued thereafter, unless it is a dog being used by law enforcement officers in the performance of their duties. [Ord. 14-159, 2014.]
6.21.060 “Potentially dangerous” or “vicious” animals.
(1) Potentially Dangerous.
(a) Any animal(s) may be declared “potentially dangerous,” by the animal control officer, if when unprovoked or without justification, while either at large or restrained, on one or more separate occasions, it engages in any behavior that would lead a reasonable person to feel the need to defend themselves, someone else, or any domestic pet or livestock.
(b) An animal may not be determined “potentially dangerous” if its actions were found to be justified, pursuant to NCC 6.21.050(3), Defenses.
(c) If an animal control officer declares an animal to be “potentially dangerous,” a citation will be issued to the owner of the animal and the district will petition the court for a hearing for the court to determine whether the animal is “potentially dangerous” and subject to the provisions of this title regarding “potentially dangerous” animals.
(2) Any animal may be declared “vicious,” by the animal control officer, if:
(a) When unprovoked, without justification, while either at large or restrained, it attacks and causes substantial bodily harm or a fatality as defined in NCC 6.04.030, to a human being; or
(b) When unprovoked, without justification, while either at large or restrained, it attacks and causes severe injury, substantial bodily harm or a fatality, as defined in NCC 6.04.030, to another animal that is not at large, or that is not otherwise in violation of this title; or
(c) It is used in the commission of a crime by its owner, or custodian; or
(d) It is determined to be “potentially dangerous,” which after its owner or person having charge, care, custody or control of such animal has been notified of this determination violates NCC 6.21.050, or is kept, confined, restrained or housed in violation of NCC 6.21.070;
(e) An animal may not be determined “vicious” if its actions were found to be justified, pursuant to NCC 6.21.050(3), Defenses. [Ord. 14-159, 2014.]
6.21.070 Ownership of “potentially dangerous” or “vicious” animals.
(1) Animals which have been declared “potentially dangerous” or “vicious,” as determined in NCC 6.21.060, may only be kept, confined or housed within Uintah County and Naples City if the following conditions and requirements are met:
(a) There is no previous judgment or conviction against such animal(s) within any jurisdiction of Uintah County, the state of Utah or any other state; and
(b) There are no prior convictions against the owner or person having charge, care, custody or control of such animal(s), or any other animal(s), for “potentially dangerous,” “dangerous” or “vicious” animal violations, within any jurisdiction of Uintah County, the state of Utah or any other state; and
(c) Such animal(s) are not in violation of NCC 6.32.010; and
(d) The owner or person having charge, care, custody or control of such animal(s) must be 18 years of age or older; and
(e) The owner or person having charge, care, custody or control of such animal(s) must be physically living on the property that such animal(s) are confined to; and
(f) The property must be adequately posted with conspicuous warning signs, and telephone numbers for the owner, or person having charge, care, custody or control of such animal(s); and
(g) If said property is a rental, written consent of the owner or landlord of said property must be obtained to house such animal(s); and
(h) Such animal(s) is in a fenced lot; and
(i) Such animal(s) cannot be left unattended for more than a 12-hour period; and
(j) Such animal(s) cannot be kept or placed in the rear of an open vehicle; and
(k) Such animal(s) shall not be left unattended while in a vehicle; and
(l) Such animal(s) are not permitted to be at or in any public events, exhibitions or parades; and
(m) The owner provides proof of liability insurance that provides coverage for damages caused by the animal in an amount of not less than $100,000 per incident.
(2) The owner or person having charge, care, custody or control of such animal(s) shall have a minimum period of 30 days in which to comply with the following requirements to keep, confine, restrain or house “potentially dangerous” or “vicious” animal(s) and to provide proof of compliance to the district.
(a) The enclosure is adequate and secure enough to ensure that the animal(s) cannot bite, or harm anyone or any animal by overreaching the top of, digging out from under, jumping over, pushing over, reaching through or escaping from completely any kennel, fence barrier or other enclosure; and
(b) The enclosure is of a size sufficient to permit the animal(s) to stand upright and to exercise reasonably; and
(c) The walls, siding and/or roof of the enclosure or fence barrier are constructed of either chain link fencing, no less than 10 gauge, or solid concrete block with a heavy duty gate; and
(d) The gate(s) to such enclosure is padlocked or otherwise secured at all times; and
(e) The animal is restrained when the door to the enclosure, including a dwelling, is open.
(3) Bites or Injuries. The defenses provided for in NCC 6.21.050(3) shall not apply when any person is on the private property of a person who has chosen to keep, confine or house a “potentially dangerous” or “vicious” animal and said animal bites or injures in any way the said person, whether a guest, invitee or licensee, whenever such person is lawfully on the property of the owner or person having charge, care, custody or control of such animal(s).
(4) Death, Sale, Transfer, or Permanent Removal – Notice. If any “potentially dangerous” or “vicious” animal(s) dies, or is sold, transferred or permanently removed from any town or city within Uintah County, or Uintah County itself, where the owner or person having charge, care, custody or control of such animal resides, such person shall notify the district of the changed condition and new location of the animal(s) in writing within two business days.
(5) Prohibition of Owning, Possessing, Controlling, or Having Custody. The owner or person having charge, care, custody or control of a “potentially dangerous” or “vicious” animal may be prohibited by the district from owning, possessing or having custody of any animal for a period of up to three years, when it is found that the “potentially dangerous” or “vicious” animal was not effectively restrained and controlled by such person; and that ownership or possession of an animal by that person created a significant threat to the public health, safety and welfare, as well as that of domestic pets and livestock. The owner or person having charge, care, custody or control of a “potentially dangerous” or “vicious” animal, if it disagrees with the decision of the district, may request an administrative hearing under NCC 6.05.050.
(6) Off Premises. It is unlawful for the owner or person having charge, care, custody, or control of a “potentially dangerous” or “vicious” animal to permit such animal to go or be off the premises of the owner having charge, care, custody or control, unless such animal is under restraint and properly muzzled or constrained as to prevent it from injuring any person, other animal or property.
(7) Destruction of Animal. Every “potentially dangerous” or “vicious” animal that is not or cannot be effectively controlled by its owner or person having charge, care, custody or control of such animal so that it will not injure any person, animal or property is a hazard and a nuisance to the public safety and the district may seek a court order for the destruction of the animal.
(8) Officer Decision. If the animal control officer believes that any “potentially dangerous” or “vicious” animal is an immediate danger to person, animals or property the animal control officer may immediately impound the animal and give notice to the owner or custodian of the animal. The owner or custodian of the animal shall have five business days to file a petition with the court for a hearing. If no such petition is filed then the animal will be destroyed. [Ord. 14-159, 2014.]
6.21.080 Penalty.
Any violation of this chapter shall be a Class B misdemeanor, unless it is a violation of Section 76-9-304, Utah Code Annotated 1953, or another Utah Code section with a higher penalty, then the provisions and penalties of that statute shall apply instead of this chapter. [Ord. 14-159, 2014.]