Chapter 6.05 ANIMAL CONTROL

A. Animals and fowl may be kept within the city limits subject to compliance with the provisions of this chapter and all applicable statutes, ordinances or regulations relative to the care and keeping of animals.

B. Animal owners or keepers must comply with the following conditions of animal ownership, and the city may require, as a condition of licensing, such owners or keepers to sign a contract agreeing to comply with such conditions:

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

2. Animals shall be humanely treated at all times.

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

4. Animal premises shall be kept sanitary, and shall not constitute a fly-breeding reservoir, a source of offensive odors, or of human or animal disease.

5. Animals and animal premises shall not be permitted to disturb the peace or constitute a public nuisance or hazard. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3. Code 1988 § 6-3-1.2].

6.05.030 Care of animals.

A. No owner shall fail to provide his/her animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment.

B. No person shall beat, cruelly ill treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans.

C. No owner of an animal shall abandon such animal.

D. No person shall crop a dog’s ears, unless such operation is performed by a licensed veterinarian.

E. Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop and render such assistance as may be reasonably possible and shall immediately report such injury or death to the animal’s owner; in the event the owner cannot be ascertained and located such operator shall at once report the accident to the appropriate law enforcement agency or to the local humane society.

F. No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal; provided, that it shall not be unlawful for a person to expose on his own property common rat poison mixed only with vegetable substance.

G. No animal shall be unreasonably confined. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3; Ord. 465 § 7. Code 1988 § 6-3-1.3].

6.05.040 Licensing of dogs.

Any person owning, keeping, harboring, or having custody of any dog over six months of age within Helper City must obtain a license as herein provided.

A. Application. Application for licenses shall be made to the chief of police, or his/her designee, within 30 days after obtaining a dog over six months of age, except that this requirement will not apply to a nonresident keeping a dog within the municipality for no longer than 60 days. Said application shall include the applicant’s name, address, telephone number, date of birth, description of the animal, and the appropriate fee and rabies certificate issued by a licensed veterinarian or anti-rabies clinic.

B. Tags Required. Upon acceptance of the license application and payment of the fee as hereinafter provided, the licensing authority shall issue a durable tag stamped with an identifying number and the year of issuance. Said tag shall be fastened or riveted to the animal’s collar or harness. Dogs must wear identification tags or collars at all times when off the premises of the owners.

C. License Fees. The city may assess fees for licensing of dogs for the purpose of regulation and to defray the cost of administration of this chapter. The amount of fee charged shall be as set forth by resolution of the city council.

D. License Period. A license for the keeping of a dog shall be valid for the calendar year in which it is purchased. Thereafter the licensing period shall begin with the calendar year and shall run for one year. Application for renewal of a license for the coming year may be made five months prior to, and up to 30 days after, the start of the calendar year.

E. City to Maintain Record of Licenses. The city licensing authority shall maintain a record of the identifying numbers of all tags issued.

F. License Not Transferable. No person may use any license for any dog other than the animal for which it was issued. Furthermore, no license from any other city or county is transferable for licensing in Helper City. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3; Ord. 465 § 2. Code 1988 § 6-3-2.1].

6.05.050 Limit on dogs and cats.

A. It shall be unlawful to keep, maintain, harbor or possess upon the premises of any one household or other premises, other than a veterinary hospital, more than three dogs and three cats; provided, however, animals in excess of this limit lawfully kept upon a premises at the time of annexation to the city may continue to be kept if all animals on the premises are licensed with the city within 30 days of annexation. Such excess animals cannot be replaced upon death or other disposition. An owner or keeper of dogs and cats may keep one litter of dogs or cats intact until the dogs or cats reach six months of age; one animal from the litter may be retained until it reaches 12 months of age. At no time may the owner or keeper retain more than six dogs or cats over one year of age.

B. Dog kennels, breeding kennels, veterinary hospitals, boarding kennels, catteries or any similar such facilities, which keep more animals than allowed in this section, are allowed within the city and exempt from subsection (A) of this section only if licensed by the city and lawfully located pursuant to city zoning regulations. [Ord. 2007-2; Ord. 2003-4. Code 1988 § 6-3-2.2].

6.05.060 Vaccinations required.

A. It shall he unlawful for any person to own, keep, or harbor a dog or cat over the age of six months within the limits of this city unless such animal has been vaccinated for rabies by a licensed veterinarian within two years preceding the date on which such animal is kept or harbored and unless the owner or keeper of such animal has a certificate from such veterinarian showing the date of the last vaccination and the number of the vaccination tag issued by the veterinarian at the time of the vaccination.

B. Every owner or keeper of a dog or cat shall cause to be attached to such animal’s collar a rabies vaccination tag for such animal.

C. It shall be unlawful for the owner or keeper of any dog or cat which has bitten a person so as to cause an abrasion of the skin to fail, refuse, or neglect to allow, or in any way prevent, an examination of such dog or cat by a licensed veterinarian upon the request of an animal control officer, police officer, or appropriate health official, or to fail, refuse, or neglect to allow, or in any way prevent, such animal from being impounded or quarantined. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3. Code 1988 § 6-3-2.3].

6.05.070 Running at large prohibited.

It shall be unlawful for the owner or keeper of any dog, whether registered according to this chapter or not, to permit said dog to run at large at any time within the limits of this city and the owner of any dog found running at large shall be deemed to be in violation of this chapter. Running at large shall mean off the premises of the owner or keeper and not under the control of the owner or keeper or a member of his immediate family either by leash, cord, chain, or other physical means by which the dog can be adequately controlled. Being able to control an animal by means of verbal commands does not satisfy this section.

It shall be the duty of the animal control officer to apprehend and impound any dog found running at large within the limits of the city; and in the discharge of this duty such officer, when in pursuit of a dog found running at large, shall have the right and is hereby authorized to enter and go upon the premises of the owner or keeper of such dog and there apprehend the dog. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3. Code 1988 § 6-3-2.4].

6.05.080 Fierce or dangerous dogs.

It shall be unlawful for any person to harbor, keep, own, or possess a rabid, dangerous or vicious dog within the limits of the city, and such dog is hereby declared to be a nuisance. In the event that such dog is running at large within the limits of the city, any police officer is authorized to kill or cause to be killed such dog wherever it may be found. In addition to any fine which may be imposed, any person convicted of harboring or keeping a rabid, dangerous or vicious dog within the limits of the city shall immediately cause such dog to be removed from the city limits. In the event such dog is not immediately removed from the city limits by the owner or keeper, an animal control officer may destroy such dog. In the discharge of his duties hereunder, such officer shall have the right and is hereby authorized to enter and go upon the premises of the owner or keeper of such dog and there apprehend or destroy the dog. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3. Code 1988 § 6-3-2.5].

6.05.090 Impoundment.

A. Unrestrained dogs and nuisance animals shall be taken by the police, animal control officers, or humane officers and impounded in the Carbon County Animal Shelter.

B. If by a licensed tag or other means the owner of an impounded animal can be identified, the animal control officer shall promptly upon impoundment notify the owner by telephone or mail.

C. Impounded dogs and cats shall be kept at the Carbon County Animal Shelter for the appropriate periods of time currently designated by county policy and procedures.

D. Any livestock animal not reclaimed by its owner within 30 days shall become the property of the local government authority and may be auctioned off to defray expenses or shall be disposed of as set forth by the Utah Code.

E. An owner reclaiming an impounded animal shall pay any fees required by the Carbon County Animal Shelter for the costs of maintenance of such animal(s) during the period of impoundment.

F. In addition to or in lieu of impounding an animal found at large, the animal control officer, humane officer, or police officer may issue to the known owner of such animal a citation for the violation of this chapter. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3; Ord. 465 § 6. Code 1988 § 6-3-4].

6.05.100 Keeping of wild animals.

A. No person shall keep or permit to be kept on his premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This section shall not be construed to apply to zoological parks, performing animal exhibitions, or circuses.

B. No person shall keep or permit to be kept any wild animal as a pet. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3; Ord. 465 § 8. Code 1988 § 6-3-5.1].

6.05.110 Performing animal exhibitions.

A. No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause, or is likely to cause, injury or suffering.

B. All equipment used on a performing animal shall fit properly and be in good working condition. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3; Ord. 465 § 9. Code 1988 § 6-3-5.2].

6.05.120 Animal waste.

The owner of every animal shall be responsible for the removal of any excreta deposited by his/her animal on public walks, recreation areas, or private property. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3; Ord. 465 § 10. Code 1988 § 6-3-5.3].

6.05.130 Sterilization.

No unclaimed dog or cat shall be released for adoption without being sterilized or without the written agreement from the adopter guaranteeing that such animal will be sterilized. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3; Ord. 465 § 11. Code 1988 § 6-3-5.4].

6.05.140 Isolation of biting animals.

A. Whenever a dog bites a person so as to cause an abrasion of the skin, any person having knowledge of that fact shall immediately notify an animal control officer who shall have the dog impounded and quarantined for a period of two weeks. The dog shall be examined immediately after it has bitten anyone and again at the end of the two-week period. If at the end of the two weeks a veterinarian is convinced that the dog is then free from rabies, the dog may be released from quarantine or from the pound as the case may be. If the dog dies in the meanwhile, its head shall be sent to the State Department of Health for examination for rabies.

B. Notwithstanding the foregoing provisions, the city health department licensing authorities, humane officers, or animal control officers may authorize, with the permission of the owner and other legal restrictions permitting, euthanasia of a biting animal for the purpose of laboratory examination for rabies in an approved public health laboratory. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3; Ord. 465 § 12. Code 1988 § 6-3-5.5].

6.05.150 Poisoning animals prohibited.

Any person who willfully, unlawfully and maliciously administers any poison to any animal which is the property of another, or who maliciously exposes any poisonous substances with the intent that the same shall be taken or swallowed by any such animal, shall be guilty of a misdemeanor. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3. Code 1988 § 6-3-5.6].

6.05.160 Hindering or obstructing enforcement prohibited.

It is unlawful for any person to interfere with, molest, hinder or prevent an animal control officer or police officer from discharging his/her duties. Any person who hinders, delays, interferes with or obstructs an animal control officer or police officer while engaging in capturing, securing or taking to the shelter any animal or animals to be impounded, or who breaks open or in any manner, directly or indirectly, aids, conspires or advises the breaking open of any animal shelter, shall be deemed guilty of a misdemeanor. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3; Ord. 465 § 13(f). Code 1988 § 6-3-5.7].

6.05.165 Feeding of feral animals.

No person shall feed or otherwise encourage a feral or homeless animal to remain feral within 250 feet of any property owned by Helper City.

It is not a violation of this section for a person to feed or humanely trap a feral animal in order to deliver such animal to an animal control officer or to a police officer. [Ord. 2014-2. Code 1988 § 6-3-5.8].

6.05.170 Animals on public grassed areas.

A. It shall be unlawful for any owner or any person in charge of any dog or other animal to permit said animal to be upon or about any grassed area in any public park, playground area, or cemetery within Helper City; provided, however, that this section shall not apply to a person who is upon any such area with a Seeing Eye dog or any other disability service dog. Dogs are permitted upon the city parkway and the mining museum park so long as they are restrained by a leash that is no longer than eight feet in length. Owners of such animals shall bear the sole responsibility of properly removing and disposing of any animal waste created by their animal.

B. A violation of this section shall be an infraction. [Ord. 2017-6 § 1].

6.05.180 Commercial animal establishments – Permit required.

A. No person, partnership, or corporation shall operate a commercial animal establishment or animal shelter without first obtaining a permit in compliance with this section.

B. All such establishments or shelters shall comply with the provisions of this chapter and other applicable laws. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3; Ord. 465 § 3. Code 1988 § 6-3-6.1].

6.05.190 Commercial animal establishments – Issuance of permit – Fee – Conditions.

A. Upon a showing by an applicant for the permit that he is willing and able to comply with the regulations and provisions of this chapter, a permit shall be issued upon payment of the applicable fee.

B. The city may assess fees for licensing of commercial animal establishments for the purpose of regulation and to defray the cost of administration of this chapter. The amount of fee charged shall be set forth by resolution of the city council.

C. The permit period shall begin with the fiscal year and shall run for one year. Renewal applications for permits shall be made 30 days prior to, and up to 30 days after, the start of the year. An application for a permit to establish a new commercial animal establishment under the provisions of this chapter may be made at any time.

D. If there is a change in ownership of a commercial animal establishment, the new owner must apply for a new permit with the city 30 days prior to any change in ownership.

E. Every facility regulated by this chapter shall be considered a separate enterprise and shall require an individual permit.

F. Persons operating kennels for the breeding of dogs and cats must license all dogs that are permanently kept on the premises.

G. No fee shall be required for any veterinary hospital, animal shelter, or government-operated zoological park.

H. Failure to obtain a permit as required by this section shall be punishable as a misdemeanor.

I. Any person who has a change in the category under which a permit was issued shall be subject to reclassification and an appropriate adjustment of the permit fee shall be made. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3; Ord. 465 § 3. Code 1988 § 6-3-6.2].

6.05.200 Revocation of licenses or permits.

A. The chief of police may revoke any permit or license of a person holding a permit or license if he/she refuses or fails to comply with any section of this chapter, the regulations promulgated by said authorities, or any law governing the protection and keeping of animals.

B. Any person whose permit or license is revoked shall, within 10 days thereafter, humanely dispose of all animals owned, kept, or harbored by such person and no part of the permit or license fee shall be refunded.

C. It shall be a condition of the issuance of any permit or license that the licensing authorities, animal control officers, police officers, or humane officer shall be permitted to inspect all animals and the premises where animals are kept at any time. If permission for an inspection is refused, the permit or license of the refusing owner or keeper shall be revoked.

D. If the applicant has withheld or falsified any information on the application, the licensing authorities shall refuse to issue a permit or license.

E. No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3. Code 1988 § 6-3-7.1].

6.05.210 Standards for permitted establishments.

The Helper City building inspector and chief of police shall promulgate rules and regulations governing the operation of all commercial animal establishments. Such rules and regulations shall provide for the type of structures, buildings, pens, cages, runways, or yards required for the animals sought to be kept, harbored, or confined on such premises, the manner in which food, water and sanitation facilities will be provided to such animals, measures related to the health of said animals, the control of noise and odors, and the protection of persons or property on the adjacent premises, and other such matters as the inspector/chief of police shall deem necessary. Such rules and regulations shall have the effect of law and violation of such shall be grounds for revocation of a permit issued by Helper City. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3. Code 1988 § 6-3-8].

6.05.220 Definitions.

As used in this chapter, the following terms mean:

“Animal” means any live vertebrate creature, domestic or wild;

“Animal control officer” means a person designated by Helper City to enforce the provisions of this chapter, including any other delegated duties;

“Animal shelter” means any facility operated by a humane society, or municipal agency or authorized agents of the same for the purpose of impounding or caring for animals held under the authority of this chapter or state law;

“Auctions” means any place or facility where animals are regularly bought, sold, or traded except for those facilities otherwise defined in this chapter. This section does not apply to individual sales of animals by owners;

“Circus” means a commercial variety show featuring animal acts for public entertainment;

“Commercial animal establishment” means any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition, or kennel;

“Grooming shop” means a commercial establishment where animals are bathed, clipped, plucked or otherwise groomed;

“Humane killing” means killing by any instantaneous and/or painless method;

“Humane officer” means any person designated by the state of Utah, a municipal or county government, or a humane society as a law enforcement officer who is qualified to perform such duties under the laws of this state;

“Kennel” means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs and cats;

“Licensing authority” means the city recorder of Helper, Utah, or his/her designated agent;

“Owner” means any person, partnership, or corporation owning, keeping or harboring one or more animals, or any said person, partnership, or corporation who allows another person, partnership, or corporation to keep or harbor one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three consecutive days or more;

“Performing animal exhibition” means any spectacle, display, act, or event other than circuses, in which performing animals are used;

“Pet” means any animal kept for pleasure rather than utility;

“Pet shop” means any person, partnership, or corporation, whether operated separately or in connection with another business enterprise except for a licensed kennel, that buys, sells, or boards any species of animal;

“Public nuisance” means any animal which: (1) molests a passerby or a passing vehicle; (2) attacks another animal; (3) trespasses on school grounds; (4) is repeatedly at large, other than cats; (5) damages private or public property; or (6) barks, whines, or howls in an excessive, continuous, or untimely fashion;

“Restraint” means any animal secured by a leash or lead, or under the control of a responsible person and obedient to that person’s commands, or within the real property limits of its owner;

“Riding school” or “stable” means any place which has available for hire, boarding, and/or riding instruction any horse, pony, donkey, mule, or burro;

“Veterinary hospital” means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and/or treatment of disease and injuries of animals;

“Vicious animal” means any animal that constitutes a physical threat to a human being or animal. Any animal that has previously bitten a person or animal so as to cause a physical injury shall be presumed to be vicious.

“Wild animal” means any live monkey (nonhuman primate), raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or other warm-blooded animal which can normally be found in the wild;

“Zoological park” means any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals operated by a person, partnership, corporation or government agency. [Ord. 2007-2; Ord. 2003-4; Ord. 2000-3; Ord. 465 § 1. Code 1988 § 6-3-9].

6.05.230 Penalties.

Unless otherwise specified in any section above, any violation of this chapter shall be a class B misdemeanor as defined by the Utah Code. At the enforcement officer’s sole discretion, a violation of this chapter may be handled as a civil violation under HMC Title 11, a criminal violation as stated herein, or both. The civil penalty shall be $100.00 per day. [Ord. 2018-1; Ord. 2007-2; Ord. 2003-4; Ord. 2000-3. Code 1988 § 6-3-10].