Chapter 3-7 ANIMAL CONTROL

(3) “Animal Holding Facility” shall mean any pet shop, kennel, grooming parlor, riding school, stable, animal shelter, veterinary hospital, or any other facility used for boarding animals.

(4) “Animal Shelter” shall mean a facility owned or operated by a governmental entity or any animal welfare organization that is incorporated under the laws of the state of Utah and used for the care and custody of seized, stray, homeless, quarantined, abandoned or unwanted dogs, cats or other small domestic animals.

(5) “Animal-at-Large” shall mean any domesticated animal, whether or not licensed, not under restraint.

(6) “Animal Under Restraint” shall mean any animal under the control of its owner or custodian, except that a dog shall not be considered under control of the owner or custodian unless on a leash or lead not exceeding six feet (6’) in length, confined within a vehicle, or upon the real property of the owner or custodian.

(7) “Bite” shall mean an actual puncture, tear or abrasion of the skin inflicted by the teeth of an animal.

(8) “Cat” shall mean a feline of the domesticated type of any age.

(9) “Custodian” shall mean a person having the charge, care, custody or control of an animal.

(10) “Dog” shall mean any Canis familiaris of the domesticated types.

(11) “Domesticated Animal” shall mean any of the animals domesticated by man so as to live and breed in a tame condition, including, but not limited to, cats, dogs, fowl, horses, cattle, swine, sheep and goats.

(12) “Guard Dog” shall mean a dog used by a commercial establishment for the purpose of deterring crime.

(13) “Kennel” shall mean an establishment for boarding, buying, letting, training, or selling dogs or cats for profit.

(14) “Leash” or “Lead” shall mean a chain, rope or device used to restrain an animal.

(15) “Pet” shall mean a domesticated animal kept for pleasure rather than utility.

(16) “Pet Shop” shall mean an establishment, not part of a kennel, containing cages or exhibition pens wherein dogs, cats, birds or other pets are kept for sale or display.

(17) “Quarantine” shall mean the isolation of an animal in a substantial enclosure so that it may not come in contact with another animal or unauthorized person.

(18) “Riding School” or stable shall mean an establishment which offers boarding or riding instruction for any horse, pony, donkey, mule or burro or which offers such animals for hire.

(19) “Stray” shall mean any animal at large.

(20) (a) “Vicious Animal” shall mean any animal (i) with a known propensity or disposition, without provocation, to attack, cause injury to, or otherwise endanger persons or other domestic animals; or (ii) which attacks any person or other domestic animal without provocation; or (iii) which is trained or used to fight or attack humans.

(b) Feeding a domestic animal to a snake shall not make the snake a vicious animal.

(21) “Wild Animal” shall mean any of the following, regardless of how domesticated they may be:

(a) Alligators and crocodiles.

(b) Bears (Ursidae).

(d) Coyotes, foxes, and wolves, including hybrid wolves.

(e) Porcupines (Erethizontidae).

(f) Primates (Hominidae).

(g) Raccoons (Procyonidae).

(h) Skunks.

(i) Venomous snakes or lizards and constricting snakes.

(j) Venomous fish and piranhas.

(k) Weasels, including ferrets.

(l) Deer, elk, and antelope.

(1979 Code 3-7-101; adopted by Ordinance 4-88; amended by Ord. No. 9-98)

3-7-102 Cruelty to Animals; Care and Maintenance of Animals.

(1) It shall be unlawful for any person to commit cruelty to animals within the city.

(2) A person commits cruelty to animals if he intentionally or knowingly:

(a) tortures, maims, disfigures, beats, mutilates, burns, scalds, maliciously kills, or seriously overworks an animal; or

(b) fails to provide necessary food, care or shelter for an animal in his custody; or

(d) transports or confines an animal in a cruel manner, including carrying or confining an animal without adequate ventilation; or

(e) kills, injures or administers poison to an animal without legal privilege; or

(f) causes one animal to fight with another.

(3) It is a defense to prosecution under this Section that the conduct of the actor toward the animal was by a licensed veterinarian using accepted veterinary practice or directly related to a 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. It is also a defense to prosecution under this Section that the conduct of the actor toward the animal was in the course of an generally accepted husbandry or agricultural practice.

(4) It shall be the duty of every person to provide any animal in that person’s charge or custody to provide the animal with adequate food, water, care and shelter. Any person failing to do so shall be guilty of cruelty to animals as set forth in this section.

(1979 Code 3-7-102; adopted by Ordinance No. 4-88; amended by Ord. No. 9-98)

3-7-103 Poisoning Animals.

Except as permitted under this Section or under Section 3-7-102(3), it shall be unlawful for any person by any means to make accessible to any animal, with intent to cause harm or death, any poison or 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 prevent access thereto by other animals.

(1979 Code 3-7-103; adopted by Ordinance No. 4-88)

3-7-104 Abandonment or Destruction of Animals.

(1) It shall be unlawful for any owner or custodian of an animal to abandon such animal within the City.

(2) When it becomes necessary to destroy any domestic animal because of age, sickness, or other cause which renders the destruction of the animal necessary or desirable, it shall be the responsibility of the owner or custodian of such animal to humanely dispose of the animal.

(3) If an owner or custodian of an animal no longer desires to keep the animal as a pet, the owner or custodian shall transfer the animal to a new owner or custodian or cause the animal to be destroyed by a licensed veterinarian or delivered to an animal control officer or other animal shelter for adoption or destruction. The Springville City animal control officer shall take custody of an animal when a release form is signed by the owner or custodian and the required fee paid. The fee shall be set from time to time by a resolution of the City Council.

(1979 Code 3-7-104; adopted by Ordinance No. 4-88; amended by Ord. No. 9-98)

3-7-105 Disposal of Dead Animals.

(1) It shall be unlawful for the owner or custodian of any animal that shall die or be killed within the limits of the City to fail to remove or dispose of the carcass of such animal within ten (10) hours after its death. The carcass shall be removed or disposed of only in accordance with applicable health department regulations.

(2) Except in the A-1 Agricultural Zone, no animal carcass with weight greater than ten (10) pounds shall be buried within the City.

(3) When any animal carcass is buried within the City, it shall be buried in such a manner that the carcass is a minimum two feet (2') above the groundwater table and is covered by a minimum of two feet (2') of earth.

(1979 Code 3-7-105; adopted by Ordinance No. 4-88; amended by Ordinance No. 10-91)

3-7-106 Animal Fights.

(1) It shall be unlawful for any person to in any manner whatever encourage or urge dogs or any other animals or fowl to fight or to urge them after they commence to fight.

(2) It shall be unlawful for any person to raise, keep or use any animal for the purpose of fighting or baiting or for any person to knowingly permit the use of his buildings, shed, rooms, yard, grounds or premises for such purposes.

(3) Law enforcement officers and animal control officers may enter any building or place where there is an exhibition of fighting or baiting of a live animal, or where preparations for such an exhibition are being made, and may arrest persons present there and take possession of all animals engaged in fighting or kept for fighting or baiting, and may impound all paraphernalia used in connection therewith. This paragraph shall not be interpreted to authorize a search or arrest without a warrant when such is required by law.

(1979 Code 3-7-106; adopted by Ordinance No. 4-88)

3-7-107 Sale of Turtles.

It shall be unlawful for any pet shop to raise or sell any turtle of the following species: Pseudemys scripta elegans, or Pseudemys troostii, family Testudinidae.

(1979 Code 3-7-107; adopted by Ordinance No. 4-88)

3-7-108 Wild Animals.

(1) It shall be unlawful for any person to have as a pet or otherwise keep or maintain within the limits of the City any wild animal except by specific written authorization from the Utah State Division of Wildlife Resources or U.S. Fish and Wildlife Service. Each day that such an animal is kept by any person in violation of this subsection shall constitute a separate and distinct violation.

(2) Whenever a wild animal bites a person so as to cause a break or penetration or abrasion of the skin, any person having knowledge of that fact shall immediately notify an Animal Control Officer. The animal shall be immediately destroyed and its head delivered to the Utah State Department of Health as provided by the regulations of that department.

(3) It shall be unlawful for the owner or custodian of a wild animal which has bitten a person to fail, refuse, or neglect to allow, or in any way prevent, an Animal Control Officer from destroying such animal.

(4) It is unlawful to feed or bait wild animals. A person shall not make food available for wild animals with the intent that it be consumed by or attract wild animals. This Section does not apply to planted vegetation or landscaping elements that are not intended for feeding wild animals. Wild animals are defined in Section 3-7-101(21).

(5) Subsection (4) of this Section does not apply to:

(a) Public employees or authorized agents acting within the scope of their employment for public safety or wildlife management purposes;

(b) Normal agricultural or livestock operation practices; or

(c) Recreational feeding of wild song birds, hummingbirds, or passerine birds, unless a previous warning by the City to cease or modify feeding practices is disregarded and such continued practices attract wild animals in such numbers or circumstances to cause property damage, endanger any person, or create public health concerns.

(1979 Code 3-7-108; adopted by Ordinance No. 4-88; Ord. No. 07-2016 § 1, 05/03/2016)

3-7-109 Vicious Animals.

(1) It shall be unlawful for any person to own, keep, or harbor a vicious animal, except a guard dog, within the limits of the City.

(2) If an Animal Control Officer finds reasonable cause to believe that an animal is vicious, he may, pending a judicial determination that the animal is vicious, require the owner or custodian to either show sufficient ability to secure the animal so that it cannot come into contact with other persons or animals or remove the animal from the City. In the alternative, the Animal Control Officer may impound the animal pending such judicial determination.

(3) Each guard dog shall be kept in such a manner that it cannot come into contact with other persons or animals who are legally upon the premises where the guard dog is kept. The owner or occupant of each premises where a guard dog is kept shall post a sign with lettering at least three inches (3'') in height warning the public of the guard dog.

(4) Upon conviction of any person under subsection (1) of this Section, the court may order that the animal be removed from the City by the owner or custodian thereof within twenty-four (24) hours, or that the animal be destroyed by an Animal Control Officer or designee. In addition to any other penalty which may be imposed by the court upon such conviction, the court shall make an order requiring the owner or custodian to comply with this subsection and shall, upon request of an Animal Control Officer or law enforcement officer, issue such writ or writs as may be required to carry out this subsection.

(5) If an animal is impounded pursuant to this Section pending a judicial determination that the animal is vicious, the owner of the animal shall pay all costs of impounding the animal and all costs of care and keep of the animal during the time such judicial determination is pending, including any time during which the matter is on appeal. The court which makes the determination that the animal is vicious may require the owner of the animal to pay such costs. The City may also maintain an appropriate civil action for collection of such costs from the owner of the animal.

(1979 Code 3-7-109; adopted by Ordinance No. 4-88; amended by Ordinance Nos. 5-92, 9-98 and 16-2011, 08/02/2011)

3-7-110 Nuisance Animal.

(1) It shall be unlawful for any person to own, keep or harbor within the City an animal which is a nuisance.

(2) An animal is a nuisance if it does any of the following:

(a) Causes damage to the property of any person other than its owner or custodian.

(b) Barks, whines, or howls or makes other disturbing noises in an excessive, continuous or untimely fashion. “Disturbing noises in an excessive fashion” shall mean an animal barking, baying, crying, howling or making any other noise continuously for a period of ten (10) minutes, or barking intermittently for one-half (1/2) hour or more to the disturbance of any person at any time of day or night regardless of whether the animal is physically situated in or upon private property; provided, however, that an animal shall not be in violation if, at the time the animal is barking or making any other noise, a person is trespassing or threatening to trespass upon private property in or upon which the animal is situated, the animal is teased or provoked or the noise is a result of sirens or emergency vehicles.

(c) Molests or frightens passersby by threatening, nipping, chasing, jumping upon or biting without breaking the skin or chases vehicles.

(d) Causes objectionable odors on premises other than those of the owner or custodian.

(e) Defecates on any public street, sidewalk, park, or building, or on any private property without the consent of the owner of the property, unless the owner or custodian of the animal shall immediately remove and lawfully dispose of any such defecation.

(f) Is one (1) of a number of animals kept on the premises which exceed the prudent and reasonable number of animals for such premises or which exceed the reasonable capacity of the facilities provided for them.

(3) If an Animal Control Officer finds reasonable cause to believe that an animal is a nuisance, he may notify the owner or custodian of the animal in writing of the nuisance and shall require in the notice that the nuisance shall be abated within two (2) days.

(4) If the Animal Control Officer determines that the animal constitutes an immediate threat to the public health or safety, or the animal is in violation of subsection (2)(b) or (2)(c) of this section, and no owner or custodian of the animal is present to control the animal, the Animal Control Officer or a police officer may immediately impound the animal.

(5) If an animal is impounded pursuant to this Section pending a judicial determination that the animal is a nuisance, the owner of the animal shall pay all costs of impounding the animal and all costs of care and keep of the animal during the time such judicial determination is pending, including any time during which the matter is on appeal. The court which makes the determination that the animal is a nuisance may require the owner of the animal to pay such costs. The City may also maintain an appropriate civil action for collection of such costs from the owner of the animal.

(6) Nothing contained in this Section shall apply to noises from legally operated farms or agricultural facilities.

(1979 Code 3-7-110; adopted by Ordinance No. 4-88; amended by Ordinances No. 5-92 and 18-02; Ord. No. 10-2012, 10/16/2012)

3-7-111 Animals at Large.

It shall be unlawful for the owner or custodian of any animal to allow the same to be at large at any time within the limits of the City. It shall not be a defense to prosecution under this Section that the owner or custodian did not know that the animal was at large, nor shall it be a defense that the owner or custodian took reasonable precautions to confine, restrain, or prevent the escape of the animal.

(1979 Code 3-7-111; adopted by Ordinance No. 4-88)

3-7-112 Animals in Street.

It shall be unlawful for the owner or custodian of any animal to stake the same out on a public street or knowingly or intentionally turn the same loose upon the streets or public property within the City.

(1979 Code 3-7-112; adopted by Ordinance No. 4-88)

3-7-113 Sanitation.

(1) It shall be unlawful for any person to allow an animal owned by or in the control of that person to defecate or urinate upon private property not owned or in control of that person.

(2) When any animal defecates on any street, sidewalk, or other public place, or on any private property without the consent of the owner thereof, it shall be unlawful for the owner or custodian of the animal to fail to clean up the defecation and properly dispose of it.

(1979 Code 3-7-113; adopted by Ordinance No. 4-88; amended by Ord. No. 9-98)

3-7-114 Premises Confining Animals.

All premises where animals may be tethered, corralled, confined, sheltered or fed shall be maintained in a neat and sanitary condition, so that no nuisance due to unsightliness, odor, or pest breeding shall be caused by such animals or premises.

(1979 Code 3-7-114; adopted by Ordinance No. 4-88)

3-7-115 Barns, Stables and Runs.

(1) No manure or barn cleaning shall be stacked or caused or permitted to be stacked or piled within two hundred feet (200') of any place used in whole or in part for dwelling purposes, unless stored in a closed bin covered to prevent breeding and access of flies thereto.

(2) No person shall keep any live swine or pigs in the City; and, except for dogs and cats, no animal shall be kept or maintained closer than one hundred feet (100') from a dwelling other than the dwelling of a person keeping or having such animal or animals, and no barn, pen, or corral shall be maintained closer than one hundred feet (100') to any street.

(3) No chicken coop, house, or pen, or any other structure used for any containment of fowl, including pigeons, except for household pets, shall be kept or maintained closer than one hundred feet (100') from the door or window of any dwelling other than the dwelling of the person keeping or having the same except for permitted chicken coops as set forth in Article 8 of this Chapter.

(1979 Code 3-7-115; adopted by Ordinance No. 4-88; amended by Ord. No. 9-98; Ord. No. 06-2014, 03/19/2014)

3-7-116 [Repealed]

(Repealed by Ord. No. 11-2014, 04/15/2014)

Article 2 ANIMAL CONTROL SERVICES

3-7-201 Animal Control Services.

The Police Department shall be responsible for providing animal control services. Provided, however, the City may, with the approval of the City Council, contract with one or more other public agencies to provide some or all of the animal control functions specified in this Chapter.

(1979 Code 3-7-201; adopted by Ordinance No. 4-88; amended by Ord. No. 11-96)

3-7-202 Powers of Animal Control Officers.

(1) Each person employed as an Animal Control Officer shall take the oath of office and shall be vested with the power and authority to enforce this Chapter.

(2) Each Animal Control Officer and each peace officer is hereby authorized and empowered to apprehend and impound any animal found in violation of this Chapter and to issue citations to persons in violation of this Chapter.

(3) In the enforcement of this Chapter, any peace officer or Animal Control Officer is authorized to enter onto the open premises of any person to take possession of any animal in violation of this Chapter.

(1979 Code 3-7-202; adopted by Ordinance No. 4-88)

3-7-203 Duties of Animal Control Officers.

The Animal Control Officer shall, under the direction of the Police Chief, or as provided by any animal control services contract with another public agency:

(1) Enforce the provisions of this Chapter and perform other responsibilities as assigned.

(2) Supervise the City Animal Shelter.

(3) Keep adequate and accurate records of all animals impounded and all monies collected.

(4) Establish adequate measures for rabies immunization and control.

(5) Remit to the City all monies collected as fees or board pursuant to this Chapter.

(1979 Code 3-7-203; adopted by Ordinance 4-88; amended by Ord. No. 9-98)

3-7-204 Interference with Officers Prohibited.

It shall be unlawful for any person by use of force, threat of force or use of any weapon to knowingly and intentionally interfere with any Animal Control Officer in the lawful discharge of his duties as herein prescribed.

(1979 Code 3-7-204; adopted by Ordinance No. 4-88)

Article 3 DOGS

3-7-301 Dog and Cat Licensing.

It shall be unlawful for any person to own, keep, or harbor a dog within the City and to fail to obtain a license for said dog pursuant to the following provisions:

(1) Except as otherwise provided in this Article, the owner or custodian of any dog shall obtain a license for such animal within thirty (30) days after the dog reaches the age of three (3) months, or in the case of a dog over three (3) months, within thirty (30) days of the acquisition of the dog or moving to Springville City. Persons applying for dog licenses shall be eighteen (18) years of age or older.

(2) License applications must be submitted to the City, utilizing a standard form which shall state the name, address, and telephone number of the applicant; the breed, sex, color and age of the animal; and a valid rabies vaccination certificate for the animal, including the rabies vaccination expiration date. The application shall be accompanied by the prescribed license fee and by a current rabies vaccination certificate which complies with Section 3-7-402.

(3) A dog license shall be effective from the date of issuance through the expiration date of the rabies certificate, but not to exceed two (2) years. No such license shall be issued unless the applicant presents a rabies vaccination certificate whose expiration date is after the expiration date of the license.

(4) The fee for all license required by this Section shall be in an amount established by resolution of the City Council.

(5) Cats may be licensed under the same standards as set forth in subsections (2) through (4) of this Section.

(1979 Code 3-7-301; adopted by Ordinance No. 4-88; amended by Ords. No. 9-98, 10-03)

3-7-302 License Tag.

(1) Upon payment of the license fee, the City shall issue to the owner a certificate and a tag for each dog or cat licensed. The tag shall have stamped thereon the license number corresponding with the tag number on the certificate. The owner shall attach the tag to a collar or harness for the animal and see that the collar and the tag are constantly worn. Failure to attach the tag to a dog as provided in this subsection shall constitute a violation of this Chapter, except that dogs which are kept for show purposes are exempt from wearing the collar and tag.

(2) Dog tags shall not be transferable from one dog to another. No refunds shall be made on any dog license fee for any reason.

(3) No person shall remove or cause to be removed, the collar, harness, or tag from any licensed dog or cat without the consent of the owner or custodian of the dog or cat except a licensed veterinarian or Animal Control Officer who removes such for medical or other reasons.

(1979 Code 3-7-302; adopted by Ordinance No. 4-88; amended by Ord. No. 9-98)

3-7-303 Licensing and Fee Exemptions.

(1) The provisions of Sections 3-7-301 and 3-7-302 herein shall not apply to:

(a) any dog whose owner is a non-resident of the City, and the dog is temporarily within the City for a period of not more than thirty (30) days.

(b) individual dogs within a properly licensed dog kennel or other such establishment when such dogs are held for sale or resale.

(2) The fee provisions of Section 3-7-301 shall not apply to:

(a) seeing eye dogs properly trained to assist blind persons if such dogs are actually being used by blind persons to assist them in moving from place to place.

(b) hearing dogs properly trained to assist deaf persons if such dogs are actually used by deaf persons to aid them in responding to an auditory stimulus.

(c) dogs specially trained to assist officials of government agencies in the performance of their duties and which are owned by such agencies.

(3) Nothing in this Section shall be construed to exempt any dog from having a current rabies vaccination.

(1979 Code 3-7-303; adopted by Ordinance No. 4-88)

3-7-304 Allowable Number of Dogs.

(1) Except as otherwise provided in this Chapter, no more than two (2) dogs, three (3) months of age or older and two cats three (3) months of age or older shall be kept at any residence or commercial establishment at any time. This provision shall not apply to licensed kennels or grooming parlors.

(2) Not withstanding subsection (1), a person who has prior to June 1, 1998, legally kept and licensed as required more than the number of animals allowed by subsection (1) may continue to keep and license the same animals after June 1, 1998. This subsection shall not, however, allow the person to replace any such animal when the animal is no longer owned by the person.

(1979 Code 3-7-304; adopted by Ordinance No. 4-88; amended by Ord. No. 9-98)

3-7-305 Loss of Privilege to Maintain Dog or Cat in the City.

If the owner or custodian of any dog or cat is convicted of violations of this Chapter on five (5) or more different occasions during any twelve (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 one (1) year. Prior to final denial of such privilege, written notice shall be sent to the owner or custodian’s last known address informing the owner or custodian of the City’s intent to deny his privilege of maintaining a dog or cat in the City. The owner or custodian may seek a hearing before the Police Chief to be informed of the violations which have resulted in the loss of his privilege and shall be given an opportunity to refute the applicability of this Section to his situation. If the Police Chief finds that grounds exist to deny the owner or custodian’s privilege to maintain a dog or cat within the City, he may order the owner or custodian to either remove his dog or cat from the City or, in the event the owner or custodian fails to remove the dog or cat from the City, to have the dog or cat impounded. Any dog or cat impounded under this Section shall be dealt with in accordance with the provisions of the Chapter for impounded animals, except that the person from whom the dog [or cat] was taken shall not be allowed to redeem the animal.

(1979 Code 3-7-305; adopted by Ordinance No. 4-88; amended by Ord. No. 9-98)

3-7-306 Unlawful to Harbor Stray Dogs or Cats.

(1) Whenever any dog or cat shall be found which appears to be lost or strayed, the finder shall notify the animal control office within twenty-four (24) hours. This notice shall include an accurate description of the dog or cat and accurate information regarding the location of the dog or cat.

(2) It shall be unlawful for any person, except an animal welfare society incorporated under the laws of the state of Utah, to harbor or keep any lost or strayed dog or cat unless that person shall immediately notify the animal control office as required herein.

(1979 Code 3-7-306; adopted by Ordinance No. 4-88; amended by Ord. No. 9-98)

3-7-308 Female Dogs or Cats in Heat.

The owner or custodian of any female dog or cat in heat shall, in addition to restraining such dog or cat from running at large, cause such dog or cat to be constantly confined in a building or secure enclosure so as to prevent it from coming into contact with other dogs or cats, except for planned breeding.

(1979 Code 3-7-308; adopted by Ordinance No. 4-88; amended by Ord. No. 9-98)

3-7-309 Places Prohibited to Dogs or Cats.

It shall be unlawful for any person to take or permit any dog or cat, whether loose or on a leash or in arms, 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, convenience stores, meat markets, and fruit or vegetable stores. This Section shall not apply, however, to seeing eye dogs, hearing dogs or dogs owned by government agencies described in Section 3-7-303.

(1979 Code 3-7-309; adopted by Ordinance No. 4-88; amended by Ord. No. 9-98)

3-7-310 Hobby Breeding Permit.

A breeder of dogs may obtain a permit to keep up to four (4) dogs in an R1-15 Residential zone and an A-1 Agricultural zone, provided that:

(1) Each dog:

(a) Is individually licensed;

(b) Has a current rabies vaccination certificate as required by Section 3-7-402;

(2) The property passes an inspection as set forth below;

(3) Adequate runs (not necessarily concrete) are provided as follows;

(a) Mature small dogs (less than fifteen (15) inches shoulder height) – minimum four (4) feet high fencing;

(b) Mature large dogs (fifteen (15) inches shoulder height and above) – minimum six (6) feet high fencing;

(c) The license holder has at least a one acre lot and all necessary dog runs shall be located no closer than one-hundred-fifty (150) feet from any dwelling except the dwelling of the owner of the dogs.

(4) A veterinary certificate or letter is provided from the animals’ veterinary clinic listing the animals currently under the veterinarian’s care and demonstrating that the permit holder is providing the necessary care for the animals listed. All animals listed on the permit must be listed on the veterinary certificate;

(5) All other provisions of this Title are complied with and no dog or premises is deemed a nuisance;

(6) The holder of the permit issued under this section may keep one (1) litter intact until the dogs reach six (6) months of age. At no time may the holder of the permit retain more than four (4) dogs over six (6) months of age;

(7) Renewal and fee for permit. Hobby breeders shall pay an annual permit fee of $100 in addition to any standard dog licensing fee, renewable each year after inspection by the City. The permit will expire December 31st of each year. The permit holder shall notify the City within thirty (30) days of any change in this establishment or operation which may affect the status of the permit. Permits shall not be transferable.

(8) Standards and procedure for inspection. The yearly inspection for a permit shall ensure that the following requirements are in place:

(a) An appropriate structure, building, pen, or cages to protect the animals from the weather;

(b) Appropriate food, water, and sanitation facilities for the animals;

(9) The property has an available animal unit as set forth in Title 11.

(10) Suspension or revocation of a permit. A permit may be suspended or revoked for violations of rules or regulations as follows:

(a) Falsification of facts in permit application or purebred registration;

(b) Violation of any established ordinances or regulations relating to noise, odor, building, or zoning ordinances;

(11) The inspector shall inform the permit holder of such violations by written notice and shall establish a specific and reasonable period of time for the correction of each violation. An opportunity for appeal from any notice or inspection findings to the Mayor will be provided if a written request for a hearing is filed with the City Recorder within two (2) weeks of notice.

(Adopted by Ordinance No. 13-04)

Article 4 RABIES CONTROL

3-7-401 Duty to Report Bites.

(1) The owner of an animal that bites a person and any person bitten by an animal shall report the bite to an Animal Control Officer or the Utah City/County Health Department within twenty-four (24) hours of the bite, regardless of whether or not the biting animal is of a species subject to rabies.

(2) Any person having knowledge of any individual or animal having been bitten by an animal of a species subject to rabies shall report the incident immediately to an Animal Control Officer or to the Utah City/County Health Department.

(3) A physician or other medical care provider who renders treatment to a person bitten by an animal shall report to an Animal Control Officer, within twenty-four (24) hours of his first treatment, the fact that he has rendered treatment to a bite victim. He shall report the name, sex and address of the person bitten, as well as the type and location of the bite. If known, he shall give the name and address of the owner of the animal that inflicted the bite and other facts that may assist animal control officers in ascertaining the immunization status of the animal.

(4) Any person treating an animal bitten, injured or mauled by another animal shall report the incident to an Animal Control Officer. The report shall contain the name and address of the owner of the wounded, injured or bitten animal, the name and address of the owner and description of the animal which caused the injury, and the location of the incident.

(5) Any person having knowledge of the whereabouts of an animal known to have been exposed to, or suspected of having rabies, or of an animal of or person bitten by such a suspect animal, shall notify an Animal Control Officer, the Utah City/County Health Department or the Utah State Division of Health.

(1979 Code 3-7-401; adopted by Ordinance No. 4-88)

3-7-402 Control of Rabies and Rabid Animals.

(1) The owner or custodian of a dog or cat three (3) months of age or over shall have the animal vaccinated within thirty (30) days after it reaches that age. Unvaccinated dogs or cats over three (3) months of age which are acquired by the owner or brought into the City shall be vaccinated within thirty days of acquisition or of being moved into the City. Every dog shall be revaccinated every twenty-four (24) months, and every cat shall be revaccinated every twelve (12) months with a modified virus rabies vaccine approved by the Utah City/County Health Department. This provision shall not apply to veterinarians or kennel operators temporarily maintaining on their premises animals owned by others, provided said animals are not kept for more than thirty (30) days.

(2) The provisions of this Section with respect to vaccination shall not apply to any animal remaining within the City for less than thirty (30) days. Such animals shall be kept under strict supervision of the owner. It shall be unlawful to bring any animal into the City which does not comply with all applicable animal health laws and import regulations.

(3) It shall be the duty of each veterinarian, when vaccinating any animal for rabies, to complete a certificate of rabies vaccination (in duplicate) which includes the following information:

(a) owner’s name and address

(b) description of animal (breed, sex, markings, age, name)

(d) rabies vaccination tag number

(e) type of rabies vaccine administered

(f) manufacturer’s serial number of vaccine.

(4) A copy of the certificate shall be delivered to the owner and the original retained by the issuing veterinarian. The veterinarian and the owner shall retain their copies of the certificate for the interval between vaccinations specified in this Section. Additionally, a metal or durable plastic rabies vaccination tag, serially numbered, shall be securely attached to the collar or harness of the animal. An animal not wearing such tag shall be deemed to be unvaccinated and may be impounded and dealt with pursuant to the provisions of this Chapter.

(1979 Code 3-7-402; adopted by Ordinance No. 4-88; amended by Ord. No. 9-98)

3-7-403 Quarantine and Dispositions of Biting or Rabid Animals.

(1) An animal that has rabies or shows signs of having rabies and every animal bitten by another animal affected with rabies or that has been exposed to rabies shall be reported by the owner or custodian of such animal as set forth above and shall immediately be confined in a secure place by the owner or custodian.

(2) The owner of any animal of a species subject to rabies, which has bitten another animal or person, shall immediately surrender the animal to an authorized official upon demand. Any person authorized to enforce the provisions of this Chapter may enter upon private property to seize the animal. If the owner refuses to surrender the animal, the officer shall immediately obtain a search warrant authorizing seizure and impoundment of the animal.

(3) Any animal of a species subject to rabies, that bites a person or animal or is suspected of having rabies, may be seized and quarantined for observation for a period of not less than ten (10) days by an Animal Control Officer. The owner of the animal shall bear the cost of confinement. The City Animal Shelter shall be the normal place for quarantine, but other arrangements, including confinement by the owner, may be made by the Animal Control Officer if the animal had a current rabies vaccination at the time the bite was inflicted or if there are other special circumstances justifying an exception. A person who has custody of an animal under quarantine shall immediately notify the Animal Control Office if the animal shows any signs of sickness or abnormal behavior, or if the animal escapes confinement. It shall be unlawful for any person who has custody of quarantined animal to refuse to allow an Animal Control Officer to make an inspection or examination during the period of quarantine. If the animal dies within the quarantine period, the person having custody shall immediately notify the Animal Control Office or immediately remove and deliver the head to the State Health Laboratory to be examined for rabies. If, at the end of the ten-day (10) or other quarantine period, the Animal Control Officer examines the animal and finds no sign of rabies, the animal may be released to the owner; or, in the case of a stray, it shall be disposed of as provided in this Chapter.

(4) In the case of an unvaccinated animal of a species subject to rabies which is known to have been bitten by a known rabid animal, the bitten or exposed animal shall be immediately destroyed unless the owner of the animal complies with the following sentence. If the owner is not willing to destroy the bitten or exposed animal, the animal shall be immediately isolated and quarantined for six (6) months under veterinary supervision, the cost of such confinement to be paid in advance by the owner.

(5) In the case of a rabies-vaccinated animal which is known to have been bitten by a known rabid animal, the bitten or exposed animal shall be revaccinated within twenty-four (24) hours and quarantined for a period of thirty (30) days following revaccination. If the animal is not revaccinated within twenty-four (24) hours, the animal shall be isolated and quarantined under veterinary supervision for six (6) months, the cost of such confinement to be paid in advance by the owner. The animal shall be destroyed if the owner does not comply with this subsection.

(6) It shall be unlawful for any person to remove any quarantined animal from the place of quarantine without written permission of the Animal Control Officer.

(1979 Code 3-7-403; adopted by Ordinance No. 4-88)

Article 5 IMPOUNDMENT OF ANIMALS

3-7-501 Animal to be Impounded.

The Animal Control Officer shall place all animals which he takes into custody in the City Animal Shelter or a designated animal impound facility. The following animals may be taken into custody by the Animal Control Officer and impounded without the filing of a complaint:

(1) Any vicious animal not properly confined as required by this Chapter.

(2) Any animal running at large.

(3) Any animal which is required by this Chapter to be licensed and is not licensed. Any animal not wearing a tag shall be presumed to be unlicensed for purposes of this Section, except those dogs specifically exempted.

(4) Sick or injured animals whose owner cannot be located.

(5) Any abandoned animal.

(6) Animals which are not wearing a rabies vaccination tag in accordance with the requirements of this Chapter.

(7) Any animal to be held for quarantine.

(8) Any animal being kept or maintained contrary to the provisions of this Chapter.

(1979 Code 3-7-501; adopted by Ordinance No. 4-88)

3-7-502 Recordings to be Kept.

The department of Public Safety shall keep the following records of any animal impounded by Animal Control Officers:

(1) Complete description of the animal, including tag numbers.

(2) Manner and date of impound.

(3) Location of the pickup and name of the officer picking up the animal.

(4) Manner and date of disposal.

(5) Name and address of the redeemer or purchaser.

(6) Name and address of any person relinquishing an animal to the impound facility.

(7) Any fees received.

(8) Any expenses accrued during impoundment.

(1979 Code 3-7-502; adopted by Ordinance No. 4-88)

3-7-503 Disposition of Animals.

Licensed animals shall be impounded for a minimum of five (5) calendar days before further disposition, except as otherwise provided herein. All unlicensed animals shall be impounded for a minimum of three (3) days before further disposition, except as otherwise provided herein. Reasonable effort shall be made by the Animal Control Officer to notify the owner of any animal wearing a license or other identification during that time. Notice shall be deemed given when sent by mail to the last known address of the listed owner, or by personal contact by the animal control officer or police officer. Any animal voluntarily relinquished to the animal control facility by the owner thereof for destruction or other disposition need not be kept for the minimum holding period before release or other disposition as herein provided. The Police Department may make any one or more of the following dispositions of impounded animals:

(1) All dogs and cats, except for those quarantined, confined by court order, or held pending a judicial determination of an alleged violation of this Chapter, which are held longer than the minimum impound period, and all dogs and cats voluntarily relinquished to the impound facility may be destroyed or sold as the Police Chief shall direct. Any healthy dog or cat may be sold at public or private sale to anyone desiring to purchase such animal for a price to be determined by the Chief, plus license and rabies vaccination fees, if required.

(2) Any licensed animal impounded and having or suspected of having serious physical injury or contagious disease requiring medical attention, may, in the discretion of the Animal Control Officer, be released to the care of a veterinarian with the consent of the owner.

(3) When, in the judgment of the Animal Control Officer, it is determined that an impounded animal should be destroyed for humane reasons or to protect the public from imminent danger to person or property, such animal may be destroyed without regard to any time limitations otherwise established herein, and without court order.

(4) If the city has entered into a contract for the providing of animal shelter services by another public agency, the procedures provided in this Section shall be modified to comply with that contract.

(1979 Code 3-7-503; adopted by Ordinance No. 4-88; amended by Ord. No. 9-98; amended by Ord. No. 16-05, 07/19/2005)

3-7-504 Redemption of Animals.

(1) The owner of any impounded animal, or his authorized representative, may redeem such animal before disposition, provided the owner or representative pays:

(a) an impound fee, the amount of which shall be established by resolution of the City Council.

(b) the daily board charge established by resolution of the City Council.

(d) license fee, if required.

(2) If the City has entered into a contract for the providing of animal shelter services by another public agency, the procedures for redeeming an animal shall be in accordance with that contract.

(1979 Code 3-7-504; adopted by Ordinance No. 4-88)

3-7-505 Impoundment of Animal Without Valid Rabies Vaccination Tag.

(1) Any vaccinated animal impounded because of lack of a rabies vaccination tag may be reclaimed by its owner by furnishing proof of rabies vaccination and the payment of all impoundment fees prior to release.

(2) Any unvaccinated animal may be reclaimed by its owner prior to disposal by the payment of impound fees and by signing an agreement to obtain a rabies vaccination within seventy-two (72) hours of release.

(1979 Code 3-7-505; adopted by Ordinance No. 4-88)

3-7-506 City Animal Shelter.

(1) The City shall provide suitable premises and facilities to be used as an animal shelter where impounded small animals can be adequately kept. The City shall supply good and humane care for impounded animals.

(2) The City shall provide for the painless and humane destruction of dogs and other animals required or authorized to be destroyed by this Chapter or by the laws of the state of Utah.

(3) The City may furnish, when necessary, medical treatment for such animals as may be impounded pursuant to this Chapter.

(1979 Code 3-7-506; adopted by Ordinance No. 4-88)

Article 6 PENALTY

3-7-601 Penalty.

A person violating any provision of this Chapter is guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine in an amount not to exceed $299.00, or imprisonment for a term not to exceed six (6) months, or both such fine and imprisonment. Each day a violation is committed or permitted to continue shall constitute a separate offense.

(1979 Code 3-7-601; adopted by Ordinance No. 4-88)

Article 7 RESERVED

Article 8 CHICKENS

3-7-801 Hen Chickens for Egg Production Allowed.

Subject to the requirements of this Chapter and any other applicable provisions of Title 11, hen chickens, in the numbers set forth below, may be kept on a lot or parcel of land in any residential zone. For lots twenty thousand (20,000) square feet in size or larger, the provisions set forth in Title 11, Chapters 3 and 4 for fowl apply. For all smaller lots, the following applies:

(1) The number of hen chickens which may be kept shall be up to six (6).

(2) No roosters of any age are allowed.

(3) The principal use on the lot or parcel shall be a single-family dwelling, duplex, or twin home.

(4) Chickens may be kept on a nonnuisance basis strictly for familial gain from the production and consumption of eggs only and there shall be no sale or income resulting from the keeping of chickens.

(5) All enclosures, pens and coops shall be located in the rear yard of the main dwelling or in an interior side yard provided all of the requirements of this Chapter are met.

(6) Enclosures, pens, and coops shall not be located in a corner side yard unless the side yard shall be completely fenced using sight-obscuring fencing or vegetative screening, so as to prevent sight of such areas from the street or neighboring properties.

(7) Dead birds and unused eggs shall be removed within twenty-four (24) hours or less and shall be properly discarded in accordance with this Chapter.

(Ord. No. 06-2014, 03/19/2014)

3-7-802 Enclosures Required.

To keep chickens, an enclosure, including a coop, is required, in accordance with the regulations established in this Section.

(1) The coop shall:

(a) Have solid walls on all sides, exclusive of openings for animals and access to animals;

(b) Have a solid roof;

(c) Be designed so as to prevent intrusion, including by burrowing, from all types of rodents, vermin, and predatory animals; and

(d) Resemble typical accessory buildings.

(2) The coop shall have a minimum floor area of at least two and one-half (2.5) square feet per chicken.

(3) If chickens are not allowed to roam within an enclosure outside the coop, the coop shall have a minimum floor area of six (6) square feet per chicken.

(4) The coop shall be structurally sound and located in a rear yard at least thirty feet (30) from any neighboring residential structures and at least six (6) feet from the primary residential structure on the property. The coop shall be set back from the property line a minimum of five feet (5') and must also meet the minimum setback for accessory structures within the zoning district. The coop and enclosure shall be hidden from the public view through the use of opaque fencing materials or vegetative screening.

(5) The coop and enclosure shall be maintained in a neat and sanitary condition and shall be cleaned as necessary to prevent any odor detectable at a property line. At a minimum, the coop and enclosed area shall be cleaned weekly.

(6) No chicken shall be permitted to roam outside the coop or enclosure.

(Ord. No. 06-2014, 03/19/2014)

3-7-803 Food Dispensers.

Chicken feed shall be stored in rodent- and predator-proof containers. Water shall be available to the chickens at all times.

(Ord. No. 06-2014, 03/19/2014)

3-7-804 [Repealed]

(Repealed by Ord. No. 08-2014, 04/01/2014)

Article 9 BEEKEEPING

3-7-901 Purpose.

(1) The purpose of this Article is to establish certain requirements for beekeeping within Springville City, to avoid issues which might otherwise be associated with beekeeping in populated areas.

(2) Compliance with this Article shall not be a defense to a proceeding alleging that a given colony constitutes a nuisance.

(3) Compliance with this Article shall not be a defense to a proceeding alleging that a given colony violates applicable ordinances regarding public health.

(Ord. No. 22-2016 § 2, 10/04/2016)

3-7-902 Definitions.

As used in this Article, the following words and terms shall have the meanings ascribed in this Section unless the context of their usage indicates another usage:

“Apiary” means any place where one (1) or more colonies of bees are located.

“Beekeeper” means a person who keeps honeybees in order to collect honey and beeswax and pollinate crops.

“Beekeeping equipment” means anything used in the operation of an apiary, such as hive bodies, supers, frames, veils, gloves, top and bottom boards, extractors or other equipment to handle or manipulate bees, honey, wax, or hives.

“Colony” means an aggregate of honeybees in any type of hive that includes one (1) queen, workers, drones, and brood.

“Hive” means a frame hive, box hive, box, barrel, log, gum skep, or other artificial or natural receptacle that may be used to house bees.

“Honeybee” means the common honeybee, Apis mellifera, at any stage of life.

(Ord. No. 22-2016 § 2, 10/04/2016)

3-7-903 Registration.

Springville City residents may keep honeybees on their property in accordance with this Chapter. Beekeepers shall register with and obtain any necessary licenses from the Utah Department of Agriculture and Food for beekeeping and shall follow all City ordinances and State and Federal laws and regulations that govern and regulate beekeeping, such as those found in Title 4, Chapter 11 of the Utah State Code.

(Ord. No. 22-2016 § 2, 10/04/2016)

3-7-904 Colonies and Standards of Practice.

(1) Number of Colonies. Honeybees may be kept as an accessory use on residential lots. The number of honeybee colonies allowed on lots is as follows:

Lot Size	Number of Colonies
Less than 0.5 acre	5
More than 0.5 acre	10
Agricultural zone	Unlimited

(2) Honeybee colonies shall be kept in hives with removable frames, which shall be kept in sound and usable condition.

(3) Beekeeping Equipment. Each beekeeper shall maintain his or her beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism and occupancy by swarms. It shall not be a defense to this Article that a beekeeper’s unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees.

(4) Water Supply. A supply of fresh water shall be maintained on owner’s property where it is readily accessible for bees to prevent them from congregating at neighboring swimming pools or other sources of water on nearby properties.

(5) Removing Swarm(s). If a beekeeper serves the community by removing a swarm or swarms of honeybees from locations where they are not desired, the beekeeper shall not be considered in violation of this Article limiting the number of colonies if the beekeeper temporarily houses the swarm on the apiary lot in compliance with the standards of practice set out in this Article for no more than thirty (30) days from the date acquired.

(Ord. No. 22-2016 § 2, 10/04/2016)

3-7-905 Hive Design and Location.

(1) Design. Hives shall not exceed six feet (6') in overall height above ground level. This includes all brooders, supers, stands and any other components of the hive. Hives shall be oriented away from the nearest property line.

(2) Location. Hives may not be located in the front or the street side yard of any property. Hives shall be located at least twenty-five feet (25') from any adjoining property line or public street if not shielded by a “flyway barrier.” If shielded by a flyway barrier, the required setback shall be ten feet (10') from all property lines or public streets.

(3) Flyway Barriers. A hive shall be placed on property so that the general flight pattern of the honeybees is in a direction that will deter honeybee contact with humans and domesticated animals. If any portion of a hive is within twenty-five feet (25') from an adjacent property line or public access point as measured from the nearest point on the hive to the property line, a flyway barrier at least six feet (6') in height shall be established and maintained around the hive except as needed to allow access. Such flyway shall consist of a solid wall, a fence, dense vegetation, or a combination thereof, and must extend at least ten feet (10') beyond the hive in each direction so that honeybees are forced to fly to an elevation of at least six feet (6') above ground level over property lines in the vicinity of the apiary. Such flyway may not violate any other provisions in the Springville City Code.

(4) Schools/Public Parks. Beehives may not be located within one hundred feet (100') of a school property or a public park.

(Ord. No. 22-2016 § 2, 10/04/2016)

3-7-906 Unlawful Conduct.

Notwithstanding compliance with the various requirements of this Article, it shall be unlawful for any person to maintain an apiary or to keep any colony on any property in a manner that threatens public health or safety or creates a nuisance. For the purposes of this Section, a colony or apiary constitutes a nuisance when the honeybees travel to any neighboring property to such an extent that the residents of that property are unable to fully enjoy the use of their property without coming into conflict with honeybees.

(Ord. No. 22-2016 § 2, 10/04/2016)

CHAPTER 7ANIMAL CONTROL

3-7-101 Definitions.

3-7-102 Cruelty to Animals; Care and Maintenance of Animals.

3-7-103 Poisoning Animals.

3-7-104 Abandonment or Destruction of Animals.

3-7-105 Disposal of Dead Animals.

3-7-106 Animal Fights.

3-7-107 Sale of Turtles.

3-7-108 Wild Animals.

3-7-109 Vicious Animals.

3-7-110 Nuisance Animal.

3-7-111 Animals at Large.

3-7-112 Animals in Street.

3-7-113 Sanitation.

3-7-114 Premises Confining Animals.

3-7-115 Barns, Stables and Runs.

3-7-116 [Repealed]

3-7-201 Animal Control Services.

3-7-202 Powers of Animal Control Officers.

3-7-203 Duties of Animal Control Officers.

3-7-204 Interference with Officers Prohibited.

3-7-301 Dog and Cat Licensing.

3-7-302 License Tag.

3-7-303 Licensing and Fee Exemptions.

3-7-304 Allowable Number of Dogs.

3-7-305 Loss of Privilege to Maintain Dog or Cat in the City.

3-7-306 Unlawful to Harbor Stray Dogs or Cats.

3-7-308 Female Dogs or Cats in Heat.

3-7-309 Places Prohibited to Dogs or Cats.

3-7-310 Hobby Breeding Permit.

3-7-401 Duty to Report Bites.

3-7-402 Control of Rabies and Rabid Animals.

3-7-403 Quarantine and Dispositions of Biting or Rabid Animals.

3-7-501 Animal to be Impounded.

3-7-502 Recordings to be Kept.

3-7-503 Disposition of Animals.

3-7-504 Redemption of Animals.

3-7-505 Impoundment of Animal Without Valid Rabies Vaccination Tag.

3-7-506 City Animal Shelter.

3-7-601 Penalty.

3-7-801 Hen Chickens for Egg Production Allowed.

3-7-802 Enclosures Required.

3-7-803 Food Dispensers.

3-7-804 [Repealed]

3-7-901 Purpose.

3-7-902 Definitions.

3-7-903 Registration.

3-7-904 Colonies and Standards of Practice.

3-7-905 Hive Design and Location.

3-7-906 Unlawful Conduct.

CHAPTER 7
ANIMAL CONTROL