toquerville city ordinance 2091.xx care and keeping of animals … · 2020-06-08 · exotic...

ORD 2019.XX Animal Control Ordinance of 17

Toquerville City Ordinance 2091.XX

CARE AND KEEPING OF ANIMALS AND LIVESTOCK

AN ORDINANCE TO AMEND TITLE 5-PUBLIC SAFETY, CHAPTER 1-ANIMAL

CONTROL TO IMPLEMENT A POINT SYSTEM FOR THE KEEPING OF ANIMALS ON

PROPERTY, TO ADD BEE AND EXOTIC PET KEEPING ALLOWANCES, AND TO

REMOVE THE OPPORTUNITY TO HOUSE SWINE IN CONJUNCTION WITH A

CONDITIONAL USE PERMIT.

RECITALS

WHEREAS, Toquerville desires to preserve the small-town character and rural atmosphere; and

WHEREAS, the City wants to create clarification of livestock allowances on properties within

Toquerville; and

WHEREAS, Toquerville City, a municipal corporation and political subdivision of the State of

Utah (“City”) has authority pursuant to its constitutionally granted police powers, to protect the

health, safety, and general welfare of the residents of the City.

ORDINANCE

NOW THEREFORE, BE IT HEREBY ORDAINED by the City Council of Toquerville City,

State of Utah, as follows:

5-1-3: DEFINITIONS:

As used in this chapter, unless the context otherwise indicates, the following words shall mean:

ABANDONED: An animal whose owner cannot be immediately identified through reasonable

diligence.

ANIMAL CONTROL OFFICER: The animal control officer or agents of the City retained by

hire or contract.

ANIMAL SHELTER: A facility owned and/or operated by a governmental entity or any society

incorporated in the State of Utah for the purpose of preventing cruelty to animals and used for

the care and custody of seized, stray, homeless, quarantined, abandoned or unwanted dogs, cats

or other small domestic animals.

AT LARGE: Any animal off the premises of the owner or custodian of the animal, and not under

immediate control of the owner or custodian.

EXOTIC ANIMALS: Any animal whose native habitat is not indigenous to the continental

United States, excluding Alaska, except tropical fish, fur-bearing animals commercially bred for


the furrier trade, and birds. Constrictor snakes in excess of ten feet in length are defined as

dangerous animals.

IMPOUNDED: Having been received into the custody of an animal control officer for

confinement in an animal shelter or into the custody of any authorized agent or representative of

the City.

QUARANTINE: The isolation of an animal in a substantial enclosure so that the animal is not

subject to contact with other animals or unauthorized persons.

WILD ANIMAL: Any animal of a species that in its natural habitat is wild. (Ord. 2015.04, 6-11-

2015)

5-1-4: CARE AND KEEPING OF ANIMALS AND LIVESTOCK:

A. The keeping of livestock shall be a permitted use in the Agricultural District or Zone. The

keeping of livestock shall be a conditional use in the Single-Family Residential Districts as

specified in section 10-10A-3 of this Code.

B. For the keeping of livestock in the Single-Family Residential Districts, a conditional use

permit, with payment of required fees, must be reviewed and approved by the city staff. A

conditional use applicant dissatisfied with the determination or interpretation by the city staff

may appeal that determination and/or interpretation of this Code to the Planning Commission. ;

City Council review of permits may be requested by Planning Commission; and Permits may be

reviewed annually for Code compliance. (PLANNING AND ZONING RECOMMENDS

CUP)

B C. Number:

1. The number of domesticated animals which may be maintained on the property shall be

determined on the basis of point. No parcel of property shall exceed one hundred (100) points

per acre (or a fractional share thereof) based on the following or a proportionate combination

thereof, considering the size of the parcel or set of parcels concerned (e.g., 0.25 acre x 100 = 25

animal points). 1 Acre = 43,560 square feet. .5 acre = 21,780 square feet.

2. Type of animal or fowl/number of points per animal:

a. Cow (bovine), horse (equine), donkey, mule, or similar large animal (25 points).

b. Miniature horses, ponies, goats, llamas, alpacas, and/or similar medium size animals (12

points).

c. Ostriches or other similar large fowl (12 points).

d. Turkeys, geese, pheasants, and similar medium size fowl (4 points).

https://www.sterlingcodifiers.com/codebook/getBookData.php?ft=3&find=10-10A-3


e. Chickens, ducks, pigeons, doves, or similar small fowl (3 points).

f. Rabbits or similar small domesticated or farm animals (3 points).

g. For animals not specified above, the Zoning Administrator Planning Commission shall

determine the type and number of points per animal. A property owner dissatisfied with the

determination or interpretation of the Zoning Administrator Planning Commission may appeal

that determination and/or interpretation of this Code to the Board of Adjustment Appeal

Authority in accordance with the procedures and provisions of chapter 4 of this title.

3. The unweaned offspring of a residing animal or fowl, under six (6) months of age, shall be

excluded from consideration for the purpose of determining compliance with this section.

4. Roosters are included within the term "chicken" herein; however, no more than one rooster

per: a) twenty five (25) chickens or b) half acre (1/2 acre) of property may be maintained on

residentially zoned property.

5 4. No bees shall be maintained on any property that consists of less than an acre; and no more

than two (2) beehives per acre of property shall be allowed. Residential Beekeeping shall be

limited to not more than three (3) hives and in accordance with the Utah Bee Inspection Act set forth in

Title 4, Chapter 11 of the Utah Code, as amended. Beehives are to be kept in side or rear yard and at least

ten (10) feet away from any adjoining property line.

6 5. For residentially zoned properties (1 or more adjacent lots under the same ownership or

tenancy and referring to usable acreage vs. deeded acreage):

a. That are less than one-half (1/2) acre in size, no large or medium size animals or large or

medium sized fowl shall be allowed.

b. That are ten thousand (10,000) square feet in size, or smaller, a maximum number of animals

and/or fowl equivalent to a total of twelve (12) points under the terms of this section are allowed,

subject to the following:

(1) No medium size animals or medium sized fowl shall be allowed on the property; and

(2) No animals other than household pets shall be allowed on properties that are six thousand

(6,000) square feet or smaller in size.

6. The following animals may not be maintained on the property: exotic animals, wild animals,

dangerous animals, pigs (porcine), mink, and peacocks.

C. The keeping of livestock within residential lots or parcels that are one (1) acre or smaller shall

also be limited to the following provisions:

Animal Minimum Square Maximum Square Square Square

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Square

Feet

Feet Per

Animal

Number

Of

Animals

Feet For

1

Animal

Feet For

2

Animals

Feet For

3

Animals

Over 5 chickens/

any roosters/

any ducks

500 25 50 500 500 500

Cow (all types) 8,000 4,000 3 8,000 8,000 12,000

Horse, mule,

donkey

8,000 4,000 3 8,000 8,000 12,000

Llama, alpaca,

emu

8,000 4,000 3 8,000 8,000 12,000

Mini: horse, mule,

donkey

8,000 4,000 3 8,000 8,000 12,000

Ostrich 10,000 5,000 2 10,000 10,000 n/a

Pigeons/game

birds

500 25 50 500 500 500

Rabbits 500 30 25 500 500 500

Sheep/goat 6,000 3,000 3 6,000 6,000 9,000

Swine 500 250 4 500 500 750

Turkey/goose 1,000 50 50 1,000 1,000 1,000

Notes:

"Minimum square feet" means the minimum amount of land dedicated for the sole use of the

animal(s). "Dedicated for the sole use of the animal(s)" can include barns, shelters, etc., and does

not require the animal to freely move about the entire land dedicated to its use, but does require

the land to benefit the animal(s).

"Square feet per animal" means the minimum land that each animal must have.

"Maximum number of animals" means the maximum an applicant in a residential zone can apply

for if the parcel of land is 1 acre or smaller. Agriculture or residential parcels larger than 1 acre,

have no imposed maximums. The keeping of livestock in commercial and industrial zones is not

permitted.

7. Adequate containment of the animal(s) shall be provided by the applicant.


2. Swine shall be kept in a shelter at all times. Mud wallows are not allowed.

8. Manure shall be cleaned at least weekly and odors shall be controlled.

9 Up to five (5) hens will be allowed with a minimum of two hundred (200) square feet and must

meet Building Code separation requirements and Chickens must not be in the front yard; No

rooster or peafowl in all residential zones; in Agricultural Zones roosters and peafowl are

allowed. (Ord. 2017.11, 9-7-2017)

5-1-5: UNLAWFUL ACTS:

It shall be unlawful:

A. Interference with Officer: For any person, after verbal warning, to intentionally interfere with,

molest, hinder or obstruct any peace officer or any animal control officer in the lawful discharge

of their duties as herein prescribed.

B. Animals At Large:

1. For the owner or custodian of any animal, other than domestic cats, to allow such animals at

any time to run at large. The owner or person charged with responsibility for an animal found

running at large shall be strictly liable for a violation of this subsection, regardless of the

precautions taken to prevent the escape of the animal and regardless of whether or not he knows

they know that the animal is running at large.

2. For cattle, horses, mules, sheep, goats or swine to be allowed to run at large, or to be picketed

or staked out upon any street, sidewalk or other public place within the limits of this City, and all

such animals so found may be impounded.

C. Animals On Unenclosed Premises: For any person to chain, stake out or tether any animal on

any unenclosed premises in such a manner that the animal may go beyond the property line

unless such person has permission of the owner of the affected property.

D. Retaking Animal: For anyone to take any animal out of the possession of anyone lawfully

holding the same under the provisions of this chapter, either by stealth, force, fraud or to

intercept or hinder any person lawfully taking up or attempting to take up such animals.

E. Disposal Of Waste: For the owner or custodian of an animal to permit the animal to defecate

upon a public street, sidewalk, park or other area, or upon the property of another unless the

owner or custodian promptly removes and properly disposes of all animal waste that results.

F. Abandonment: For any person to abandon or turn out at large any sick, diseased or disabled

animal, but such animal shall, when rendered useless by reason of sickness or other disability, be

killed by the owner thereof and its carcass disposed of in such manner as to create no nuisance or

hazard to health.


G. Trespassing Animals And Fowl: For any owner or caretaker of any domestic fowl or animal

to permit such fowl or animal to trespass upon the premises of another person.

H. Killing Or Poisoning: For any person wilfully willfully to kill any domestic animal not

belonging to them, or to administer poison to any such animal or to expose any poisonous

substance with the intent that it shall be taken by any such animal.

I. Dead Animals; Disposal: For the owner of any animal or fowl that has died or been killed to

fail to remove or bury the carcass of such animal within ten (10) hours after its death. No horse,

cow, ox or other animal shall be buried within the closely inhabited portions of this city. A

violation of this subsection is an infraction.

J. Diseased Animals:

1. For any person to bring into the city for sale or have in his possession with intent to sell or

offer for sale, any animal which has a communicable disease or which has been exposed to or

which is liable to carry infection from a communicable disease.

2. For any person to bring into the city for sale or to sell, or offer for sale, any cattle, sheep,

swine, fish, game, fowl or poultry which is diseased, unsound, and unwholesome or which for

any other reason is unfit for human food.

K. Mistreating: For any person to overdrive, overload, drive when overloaded, overwork, torture,

cruelly beat, mutilate or needlessly kill, or carry or transport in any vehicle or other conveyance

in a cruel or inhuman manner, any animal or cause any of these acts to be done. Any person who

does so, directly or indirectly, shall be guilty of a class B misdemeanor.

L. Fail To Provide Sustenance And Protection: For any person to fail to provide any animal in

his charge or custody with necessary sustenance, drink and protection from the elements, or

cause any of these acts to be done. Any person who does so, directly or indirectly, shall be guilty

of a class B misdemeanor.

M. Cruelty: For any person to engage or take part in any act or behavior considered cruelty to

animals, or to cause any such act or behavior to be done. Cruelty to animals shall consist of those

acts designated in Utah Code Annotated section 76-9-301, together with injurious hobbling and

malicious impounding. Any person who does so, directly or indirectly, shall be guilty of a crime

as classified in Utah Code Annotated section 76-9-301.

N. Intentional Exhibition: For any person to intentionally exhibit any stud, horse or bull or other

animal indecently, or let any male animal to any female animal for the purpose of providing

entertainment or viewing to any person.

O. Wild Animals: For any person to sell, offer for sale, barter, give away, keep or purchase any

wild animal which is not domesticated, or an animal belonging to an endangered species, except

for the animal shelter, a zoological park, veterinary hospital, circus, sideshow, amusement show


or facility for education or scientific purposes if protective devices adequate to prevent such

animal from escaping or injuring the public are provided.

P. Vicious Animals: For any person to own and possess a vicious animal, as defined in section 5-

1-8 of this chapter.

Q. Exhibition Fighting:

1. For any person to maintain any place where fowl or any animals are suffered to fight upon

exhibition or for sport upon any wager. Any person who does so, directly or indirectly, shall be

guilty of a class B misdemeanor.

2. For any person to raise, keep or use any animal, fowl or bird for the purpose of fighting or

baiting; and for any person to be a party to or to be present as a spectator at any such fighting or

baiting of any animal or fowl. Any person who does so, directly or indirectly, shall be guilty of a

class B misdemeanor.

3. Law enforcement officers or animal control officials may enter any building or place where

there is an exhibition of the fighting or baiting of live animals, or where preparations are being

made for such an exhibition. The law enforcement officers may arrest persons there present and

take possession of all animals engaged in fighting, along with all implements or applications

used in such an exhibition. This provision shall not be interpreted to authorize search or arrest

without a warrant when such is required by law. (Ord. 2015.04, 6-11-2015)

ADOPTED by the City Council of Toquerville City, Utah this ___th day of January 2020 ON THE FOLLOWING VOTE:

Councilperson:

Justin Sip Aye ______ Nay ______ Abstain/Absent ______

Keen Ellsworth Aye ______ Nay ______ Abstain/Absent______

Ty Bringhurst Aye ______ Nay ______ Abstain/Absent______

Gary Chaves Aye ______ Nay ______ Abstain/Absent______

Chuck Williams Aye ______ Nay ______ Abstain/Absent ______

By: ______________________________________ Date: _____________________,2019

Lynn Chamberlain, Mayor

Attest: ____________________________________

Dana McKim, City Recorder

https://www.sterlingcodifiers.com/codebook/getBookData.php?ft=3&find=5-1-8



ANIMAL CONTROL POLICY WITH CHANGES IN PLACE

Chapter 1

ANIMAL CONTROL

5-1-1: TITLE:

5-1-2: PURPOSE:

5-1-3: DEFINITIONS:



5-1-6: STRIKING WITH MOTOR VEHICLE:

5-1-7: NUISANCE ANIMALS:

5-1-8: VICIOUS ANIMALS:

5-1-9: IMPOUNDING:

5-1-10: COURT ORDER; PROCEDURE:

5-1-11: CIVIL DISPUTES:

5-1-12: PENALTY:

5-1-1: TITLE:

This chapter shall be known as the TOQUERVILLE CITY ANIMAL CONTROL ORDINANCE.

(Ord. 2015.04, 6-11-2015)

5-1-2: PURPOSE:

A. The purpose of this chapter is to promote the health, safety and general welfare of the

residents of the City by regulating and governing the keeping and controlling of animals in the

City limits.

B. The Toquerville dog control ordinance is intended to govern and regulate the keeping and

controlling of dogs in the City limits. The provisions of this chapter may be interpreted and used

to supplement the Toquerville dog control ordinance. However, in the event of any conflict or

inconsistency between this chapter and the Toquerville dog control ordinance with respect to the

keeping and controlling of dogs in the City limits, then the Toquerville dog control ordinance

shall govern and control. (Ord. 2015.04, 6-11-2015)

5-1-3: DEFINITIONS:

As used in this chapter, unless the context otherwise indicates, the following words shall mean:

ABANDONED: An animal whose owner cannot be immediately identified through reasonable

diligence.

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ANIMAL CONTROL OFFICER: The animal control officer or agents of the City retained by

hire or contract.

ANIMAL SHELTER: A facility owned and/or operated by a governmental entity or any society

incorporated in the State of Utah for the purpose of preventing cruelty to animals and used for

the care and custody of seized, stray, homeless, quarantined, abandoned or unwanted dogs, cats

or other small domestic animals.

AT LARGE: Any animal off the premises of the owner or custodian of the animal, and not under

immediate control of the owner or custodian.

EXOTIC ANIMALS: Any animal whose native habitat is not indigenous to the continental

United States, excluding Alaska, except tropical fish, fur-bearing animals commercially bred for

the furrier trade, and birds. Constrictor snakes in excess of ten feet in length are defined as

dangerous animals.

IMPOUNDED: Having been received into the custody of an animal control officer for

confinement in an animal shelter or into the custody of any authorized agent or representative of

the City.

QUARANTINE: The isolation of an animal in a substantial enclosure so that the animal is not

subject to contact with other animals or unauthorized persons.

WILD ANIMAL: Any animal of a species that in its natural habitat is wild. (Ord. 2015.04, 6-11-

2015)


A. The keeping of livestock shall be a permitted use in the Agricultural District or Zone. The

keeping of livestock shall be a conditional use in the Single-Family Residential Districts as

specified in section 10-10A-3 of this Code.

B. For the keeping of livestock in the Single-Family Residential Districts, a conditional use

permit, with payment of required fees, must be reviewed and approved by the Planning

Commission; City Council review of permits may be requested by Planning Commission; and

permits shall be reviewed annually for Code compliance.

C. Number:

1. The number of domesticated animals which may be maintained on the property shall be

determined on the basis of point. No parcel of property shall exceed one hundred (100) points

per acre (or a fractional share thereof) based on the following or a proportionate combination

thereof, considering the size of the parcel or set of parcels concerned (e.g., 0.4 acre x 100 = 40

animal points).

2. Type of animal or fowl/number of points per animal:

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a. Cow (bovine), horse (equine), donkey, mule, or similar large animal (25 points).

b. Miniature horses, ponies, goats, llamas, alpacas, and/or similar medium size animals (12

points).

c. Ostriches or other similar large fowl (12 points).

d. Turkeys, geese, pheasants, and similar medium size fowl (4 points).

e. Chickens, ducks, pigeons, doves, or similar small fowl (3 points).

f. Rabbits or similar small domesticated or farm animals (3 points).

g. For animals not specified above, the Planning Commission shall determine the type and

number of points per animal. A property owner dissatisfied with the determination or

interpretation of the Zoning Administrator may appeal that determination and/or interpretation of

this Code to the Appeal Authority in accordance with the procedures and provisions of chapter 4

of this title.

3. The unweaned offspring of a residing animal or fowl, under six (6) months of age, shall be

excluded from consideration for the purpose of determining compliance with this section.

4. Residential Beekeeping shall be limited to not more than three (3) hives and in accordance with the

Utah Bee Inspection Act set forth in Title 4, Chapter 11 of the Utah Code, as amended. Beehives are to be

kept in side or rear yard and at least ten (10) feet away from any adjoining property line.

5. For residentially zoned properties (1 or more adjacent lots under the same ownership or

tenancy and referring to usable acreage vs. deeded acreage):

a. That are less than one-half (1/2) acre in size, no large or medium size animals or large or

medium sized fowl shall be allowed.

b. That are ¼ acre in size or smaller, a maximum number of animals and/or fowl equivalent to a

total of twelve (12) points under the terms of this section are allowed, subject to the following:

(1) No medium size animals or medium sized fowl shall be allowed on the property; and

(2) No animals other than household pets shall be allowed on properties that are .15 acre or

smaller in size.

6. The following animals may not be maintained on the property: exotic animals, wild animals,

dangerous animals, pigs (porcine), mink, and peacocks.

7. Adequate containment of the animal(s) shall be provided by the applicant.

8. Manure shall be cleaned at least weekly and odors shall be controlled.

https://www.sterlingcodifiers.com/codebook/getBookData.php?ft=2&find=4


9 Up to five (5) hens will be allowed with a minimum of two hundred (200) square feet and must

meet Building Code separation requirements and must not be in the front yard; no rooster or

peafowl in all residential zones; in Agricultural Zones roosters and peafowl are allowed. (Ord.

2017.11, 9-7-2017)


It shall be unlawful:

A. Interference with Officer: For any person, after verbal warning, to intentionally interfere with,

molest, hinder or obstruct any peace officer or any animal control officer in the lawful discharge

of their duties as herein prescribed.

B. Animals At Large:

1. For the owner or custodian of any animal, other than domestic cats, to allow such animals at

any time to run at large. The owner or person charged with responsibility for an animal found

running at large shall be strictly liable for a violation of this subsection, regardless of the

precautions taken to prevent the escape of the animal and regardless of whether or not they know

that the animal is running at large.

2. For cattle, horses, mules, sheep, goats or swine to be allowed to run at large, or to be picketed

or staked out upon any street, sidewalk or other public place within the limits of this City, and all

such animals so found may be impounded.

C. Animals On Unenclosed Premises: For any person to chain, stake out or tether any animal on

any unenclosed premises in such a manner that the animal may go beyond the property line

unless such person has permission of the owner of the affected property.

D. Retaking Animal: For anyone to take any animal out of the possession of anyone lawfully

holding the same under the provisions of this chapter, either by stealth, force, fraud or to

intercept or hinder any person lawfully taking up or attempting to take up such animals.

E. Disposal Of Waste: For the owner or custodian of an animal to permit the animal to defecate

upon a public street, sidewalk, park or other area, or upon the property of another unless the

owner or custodian promptly removes and properly disposes of all animal waste that results.

F. Abandonment: For any person to abandon or turn out at large any sick, diseased or disabled

animal, but such animal shall, when rendered useless by reason of sickness or other disability, be

killed by the owner thereof and its carcass disposed of in such manner as to create no nuisance or

hazard to health.

G. Trespassing Animals And Fowl: For any owner or caretaker of any domestic fowl or animal

to permit such fowl or animal to trespass upon the premises of another person.


H. Killing Or Poisoning: For any person willfully to kill any domestic animal not belonging to

them, or to administer poison to any such animal or to expose any poisonous substance with the

intent that it shall be taken by any such animal.

I. Dead Animals; Disposal: For the owner of any animal or fowl that has died or been killed to

fail to remove or bury the carcass of such animal within ten (10) hours after its death. No horse,

cow, ox or other animal shall be buried within the closely inhabited portions of this city. A

violation of this subsection is an infraction.

J. Diseased Animals:

1. For any person to bring into the city for sale or have in his possession with intent to sell or

offer for sale, any animal which has a communicable disease or which has been exposed to or

which is liable to carry infection from a communicable disease.

2. For any person to bring into the city for sale or to sell, or offer for sale, any cattle, sheep,

swine, fish, game, fowl or poultry which is diseased, unsound, and unwholesome or which for

any other reason is unfit for human food.

K. Mistreating: For any person to overdrive, overload, drive when overloaded, overwork, torture,

cruelly beat, mutilate or needlessly kill, or carry or transport in any vehicle or other conveyance

in a cruel or inhuman manner, any animal or cause any of these acts to be done. Any person who

does so, directly or indirectly, shall be guilty of a class B misdemeanor.

L. Fail To Provide Sustenance And Protection: For any person to fail to provide any animal in

his charge or custody with necessary sustenance, drink and protection from the elements, or

cause any of these acts to be done. Any person who does so, directly or indirectly, shall be guilty

of a class B misdemeanor.

M. Cruelty: For any person to engage or take part in any act or behavior considered cruelty to

animals, or to cause any such act or behavior to be done. Cruelty to animals shall consist of those

acts designated in Utah Code Annotated section 76-9-301, together with injurious hobbling and

malicious impounding. Any person who does so, directly or indirectly, shall be guilty of a crime

as classified in Utah Code Annotated section 76-9-301.

N. Intentional Exhibition: For any person to intentionally exhibit any stud, horse or bull or other

animal indecently, or let any male animal to any female animal for the purpose of providing

entertainment or viewing to any person.

O. Wild Animals: For any person to sell, offer for sale, barter, give away, keep or purchase any

wild animal which is not domesticated, or an animal belonging to an endangered species, except

for the animal shelter, a zoological park, veterinary hospital, circus, sideshow, amusement show

or facility for education or scientific purposes if protective devices adequate to prevent such

animal from escaping or injuring the public are provided.


P. Vicious Animals: For any person to own and possess a vicious animal, as defined in section 5-

1-8 of this chapter.

Q. Exhibition Fighting:

1. For any person to maintain any place where fowl or any animals are suffered to fight upon

exhibition or for sport upon any wager. Any person who does so, directly or indirectly, shall be

guilty of a class B misdemeanor.

2. For any person to raise, keep or use any animal, fowl or bird for the purpose of fighting or

baiting; and for any person to be a party to or to be present as a spectator at any such fighting or

baiting of any animal or fowl. Any person who does so, directly or indirectly, shall be guilty of a

class B misdemeanor.

3. Law enforcement officers or animal control officials may enter any building or place where

there is an exhibition of the fighting or baiting of live animals, or where preparations are being

made for such an exhibition. The law enforcement officers may arrest persons there present and

take possession of all animals engaged in fighting, along with all implements or applications

used in such an exhibition. This provision shall not be interpreted to authorize search or arrest

without a warrant when such is required by law. (Ord. 2015.04, 6-11-2015)

5-1-6: STRIKING WITH MOTOR VEHICLE:

The operator of a motor vehicle that strikes and injures any domestic animal shall immediately

stop and give such aid as can reasonably be rendered. In the absence of the owner, he shall also

immediately notify an animal control officer or law enforcement officer, furnishing requested

facts relative to the incident. Emergency vehicles operating in accordance with or responding to

an emergency are exempted from the requirements of this provision. (Ord. 2015.04, 6-11-2015)

5-1-7: NUISANCE ANIMALS:

A. Specified: Any owner or custodian of an animal causing a "nuisance", as defined below, shall

be in violation of this chapter and subject to the penalties provided herein. An animal creates a

"nuisance" if it:

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

2. Is a vicious animal not in compliance with section 5-1-8 of this chapter;

3. Causes unreasonable fouling of the air by odors;

4. Causes continuous unsanitary conditions in enclosures or surroundings;

5. Makes disturbing noises in excessive, continuous or untimely fashion; persons making a

complaint must sign the summons against the violator before the city will act;





6. Molests passersby;

7. Chases passing vehicles;

8. Attacks other domestic animals;

9. Is otherwise determined by the city to be a public nuisance by virtue of being offensive or

dangerous to the public health, welfare or safety;

10. Any animals kept in violation of section 5-1-4 of this chapter.

B. Nuisance Birds: It shall be lawful for any person to take or kill birds deemed pests and that are

legal to kill by statute of the state of Utah, including, but not limited to, starlings, sparrows,

Eurasian collared doves, etc. (Ord. 2015.04, 6-11-2015)

5-1-8: VICIOUS ANIMALS:

Every animal so vicious and dangerous that it cannot be reasonably controlled shall be

considered a hazard to the public safety, and the animal control officer may impound the animal

and shall seek a court order for destruction of the animal. An animal impounded pursuant to this

section may not be redeemed, pursuant to the provisions of this chapter, while awaiting final

decision as to the disposition to be made of the animal. (Ord. 2015.04, 6-11-2015)

5-1-9: IMPOUNDING:

A. Shelter: The city and/or the animal control officer may provide suitable premises and facilities

to be used as an animal shelter where impounded animals can be adequately kept and supplied

with food and humane care. It shall provide for the painless and humane destruction of animals

where necessary, or it may furnish medical treatment for impounded animals and is empowered

to charge the owner of the animal for this service.

B. Conditions Necessitating Impounding Without Complaint: The animal control officer is

empowered to place all animals which he takes into custody in a designated animal impound

facility. The following animals may be taken into custody by an animal control officer and

impounded without the filing of a complaint:

1. Any animal being kept or maintained contrary to the provisions of this chapter;

2. Any animal running at large contrary to the provisions of this chapter;

3. Any abandoned animal;

4. Any vicious animal;

5. Any sick or injured animal whose owner cannot be located; and



6. Any animal to be held for quarantine.

C. Information Maintained: The impounding facility shall keep a record of any animal

impounded and permanent impound records, which include the following information:

1. Complete description of the animal;

2. The manner and date of impound;

3. The location of the pick-up and name of the officer picking up the animal;

4. The manner and date of disposal;

5. The name and address of the redeemer or purchaser;

6. The name and address of any person relinquishing an animal to the impound facility;

7. All fees received; and

8. All expenses accruing during impoundment.

D. Disposition: Animals shall be impounded for a minimum of seventy two (72) hours,

excluding weekends and holidays, before further disposition, unless relinquished by the owner or

custodian for the express purpose of destruction. Reasonable effort shall be made to notify the

owner of any animal wearing a license or other identification during that time. Notice shall be

deemed given when sent to the last known address of the listed owner.

E. Destruction: Any animal, except for those quarantined or confined by court order, held longer

than the minimum impound period, and any animal voluntarily relinquished to the impound

facility, may be destroyed or sold as the animal control officer shall direct. Any licensed animal

impounded and having or suspected of having serious physical injury or contagious disease

requiring medical attention, may, without waiting the minimum impound period, in the

discretion of the animal control officer, be released to the care of a veterinarian or destroyed for

humane reasons, provided consent be obtained in advance from the owner or custodian, if known

and available.

F. Redemption: The owner of any impounded animal or his authorized representative may

redeem such animal before disposition as provided in subsection E of this section, provided he

pays:

1. The impound fee;

2. The daily board charges;

3. Veterinary costs incurred during the impound period, including rabies vaccination;


4. License fee, if required.

G. Fees for Impound: Impound fees shall be established by the city council. (Ord. 2015.04, 6-11-

2015)

5-1-10: COURT ORDER; PROCEDURE:

Court orders shall be filed according to the following minimum notice and procedure:

A. Petition for Action: The animal control officer shall petition the court for the desired action.

B. Service: The petition for the action, together with supporting affidavits, shall be served on the

party against whom the action is taken at least five (5) days prior to the hearing. (Ord. 2015.04,

6-11-2015)

5-1-11: CIVIL DISPUTES:

Any emergency incident relating to animals, and where such incident is not reported within five

(5) calendar days constitutes a civil dispute. Neither the city nor its employees shall become

involved in disputes arising between persons because of damages caused by animals. Should any

dispute arise from a violation of this chapter, and if the animal control officer responds, the limit

of the city's responsibility is to provide testimony by order of a subpoena as to what was

personally observed and make public records available. Any settlement or claims for damages

are strictly a civil matter and must be pursued by the damaged party. (Ord. 2015.04, 6-11-2015)

5-1-12: PENALTY:

Any violation of the provisions of this chapter, either by failing to do those acts required herein

or by doing any act prohibited herein shall be considered an infraction of the law and subject to

court fines unless otherwise stated in this chapter. (Ord. 2015.04, 6-11-2015)

toquerville city ordinance 2091.xx care and keeping of animals … · 2020-06-08 · exotic...

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