Chapter 6.04
GENERAL PROVISIONS
Sections:
6.04.010 Purpose.
This title is for the purpose of protecting and providing for the health, safety, comfort, and convenience of Naples City, Uintah County, and their inhabitants and for the purpose of protecting and providing for the safe and humane care and control of domesticated livestock, household pets, and other animals, within Naples City, Uintah County, Utah. [Ord. 14-159, 2014.]
6.04.020 Violation – Penalty.
Unless otherwise provided herein, any person violating the provisions of this title shall be deemed guilty of a Class B misdemeanor and, upon conviction, shall be punished by a fine not to exceed $1,000 and/or imprisonment not to exceed six months in the Uintah County jail. Each day such violation is committed or permitted to continue shall constitute a separate offense and shall be punishable as such. [Ord. 14-159, 2014.]
6.04.030 Definitions.
As used in this title, the following terms mean:
“Abandon” shall have the same definition as Section 76-9-301(1)(a)(i), Utah Code Annotated 1953.
“Adequate feed” and “adequate water” shall have the same definition as “Necessary food, water, care or shelter” in Section 76-9-301(1)(g), Utah Code Annotated 1953.
“Administrative control board” collectively refers to the five-member board created by the board of county commissioners of Uintah County and delegated the authority to oversee the operation of the Uintah animal control and shelter special service district as a “board of trustees” or “administrative control board” (hereinafter “the board”).
“Adopt” means to enter into a contract agreement approved by the district’s animal shelter for the purpose of acquiring an animal after the legal requirements for holding the animal have been met.
“Aggressive manner of approach” means any animal showing a readiness to attack or do harm.
“Animal” means a live, nonhuman vertebrate creature. “Animal” does not include a live, nonhuman vertebrate creature if the conduct toward the creature and the care provided to the creature is in accordance with accepted animal husbandry practices and the creature is:
(a) Owned or kept by a zoological park that is accredited by, or a member of, the American Zoo and Aquarium Association; or
(b) Kept, owned or used for the purpose of training hunting dogs or raptors; or
(c) Temporarily in the state as part of a circus or traveling exhibitor licensed by the United States Department of Agriculture under 7 U.S.C. Section 2133.
See Section 76-9-301(1)(b)(i), Utah Code Annotated 1953.
“Animal at large” means any domesticated animal, whether or not licensed, that is not under restraint.
“Animal boarding establishment” means any establishment that takes in animals for boarding for profit or compensation.
“Animal control officer” means the person or persons as provided in this title hired by the district to enforce provisions of this title, including the issuance of citations, and the performance of field operations for the safety and well-being of Uintah County inhabitants including its domestic animals and livestock and the performance of other related duties as directed by the district.
“Animal cruelty” shall mean those acts set forth in Section 76-9-301(2), Utah Code Annotated 1953.
“Animal grooming parlor” means any establishment maintained for the purpose of offering cosmetological services for animals for profit or compensation.
“Animal services” collectively refers to the field operations and shelter services provided by the Uintah animal control and shelter special service district.
“Animal shelter” shall have the same definition as Section 11-46-102(3), Utah Code Annotated 1953.
“Animal shelter manager” means the person hired by the district who is responsible for managing the operation of the Uintah animal shelter and its programs.
“Animal under restraint” means any animal under the physical, auditory or visual command and/or control of its owner or person having charge, care, custody or control. A dog shall not be considered under control of the owner unless on a lead, or leash, confined within a vehicle, or within the real property limits of its owner, or not obeying auditory or visual commands.
“Apparent attitude of attack” means a physical posture, manner or stance, shown or exhibited by an animal that is a challenge or threat of attack.
“Authorized agent” means any person having custody of or keeping one or more animals for the owner of the animal. An authorized agent may release an animal to the district on behalf of the owner.
“Baiting” means to lure or set an animal upon another chained or secured animal for sport or for the purpose of capturing another animal, domestic or wild, excluding baiting in accordance with wildlife regulations.
“Bite” means an actual puncture, tear or abrasion of the skin inflicted by the teeth of an animal.
“Cages” means individual, portable facilities for containing animals.
“Canine homicide” refers to the death of a human being which is caused by a dog.
“Cat” means any domesticated feline over the age of four months. Any cat under the age of four months is a kitten.
“Cattery” means an establishment for the boarding, breeding, buying, grooming or selling of cats for profit.
“Commercial animal establishment” means pet shops, commercial boarding kennels and other commercial business involved with the sale or kenneling of animals.
“Companion animal” shall have the same definition as Section 76-9-301(1)(c), Utah Code Annotated 1953.
“Confined” means a condition whereby an animal is restricted to the property of the owner or person having charge, care, control or custody of such animal, by enclosed lot, fence, kennel, cage, coop, stable, leash, cord or length of chain suitable for the type of animal, and so placed that the animal has free access to feed, water and shelter, and further so affixed as to preclude the animal from becoming entangled on any obstruction; and shall permit the animal to stand upright and lie down.
“Dog” means any domesticated Canis familiaris over four months of age. Any Canis familiaris under four months of age is defined as a puppy.
“Domesticated animal(s)” means animals accustomed to living in or about the habitation of man, including but not limited to cats, dogs, fowl, rabbits, and all domesticated livestock; including but not limited to horses, mules, asses, burros, cattle, sheep, swine, llamas, emus, ostriches and goats.
“Enclosed lot” means a parcel of land or portion thereof around the perimeter of which a fence or wall, not less than six feet high, and adequate to contain any animal kept therein has been constructed.
“Estray livestock” shall have the same definition as Section 4-25-1, Utah Code Annotated 1953.
“Exercise yard” means an area enclosed by a fence, not less than six feet high, adequate to contain any animal kept therein, wherein animals are allowed to run and exercise. Every portion of an exercise yard fence shall be separate and removed from any property boundary fence.
“Fatality” means any physical injury to a human being, domestic pet or livestock that results in death.
“Feral” means an animal that is normally domesticated but has reverted to the wild. See Section 23-13-2(16), Utah Code Annotated 1953.
“Fowl” means any domestic birds used as food, including but not limited to chickens, ducks, geese, turkeys.
“Guard dog” means a dog used to provide security to a premises, excluding dogs working with law enforcement agencies.
“Holding facility” means any pet shop, kennel, cattery, groomery, riding school, stable, animal shelter, veterinary hospital, humane establishment, or other such facility used for holding animals.
“Impound” means to place a domesticated animal, including livestock, into the custody of the animal shelter.
“Inside kennel” means a separate area inside an enclosed kennel and/or building used for the interior housing of dog(s).
“Kennel” means any lot, building, structure, enclosure or premises where four or more dogs over the age of four months are kept for any purpose including but not limited to boarding, breeding, buying, grooming, letting for hire, training for fee, selling or predator control.
“Kennel run” means a fenced, completely enclosed, secured and covered area with shelter to protect the dog(s) from foul weather, wind and excessive exposure to natural elements and adequate size for the size of the dog and the amount of time contained therein.
“Leash or lead” means a cord, rope, strap, chain or device which shall be securely fastened to the collar or harness of a dog or other animal and shall be of sufficient strength to keep such dog or other animal under control.
“Livestock” shall have the definition set forth in Section 76-9-301(f), Utah Code Annotated 1953.
“Maintain” means to support by providing what is needed to any domestic or feral animal, including but not limited to food, water and shelter.
“Menacing manner of approach” means a threatening act or behavior shown or exhibited by an animal.
“Owner” means any person 18 years of age or older, partnership, corporation, or any other type of entity or association having title to, custody of, responsibility for, keeping, or harboring one or more animals.
“Person” means an individual and any legal entity.
“Pet” means a domesticated animal kept for pleasure rather than utility including, but not limited to, birds, cats, dogs, fish, hamsters, mice, and other animals associated with man’s environment. Pet may also include nonvenomous snakes (under five feet in length), nonvenomous lizards and spiders and ferrets.
“Quarantine” means the isolation of an animal in a substantial enclosure, animal shelter or veterinary clinic, so that the animal is not subject to contact with other animals or unauthorized persons.
“Recipient” means any person to whom an animal shelter transfers an animal for adoption or redemption after impoundment.
“Service animal” includes any dog that:
(a) Is trained, or is in training, to do work or perform tasks for the benefit of any individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability;
(b) Performs work or tasks, or is in training to perform work or tasks, that are directly related to the individual’s disability, including:
(i) Assisting an individual who is blind or has low vision with navigation or other tasks;
(ii) Alerting an individual who is deaf or hard of hearing to the presence of people or sounds;
(iii) Providing nonviolent protection or rescue work;
(iv) Pulling a wheelchair;
(v) Assisting an individual during a seizure;
(vi) Alerting an individual to the presence of an allergen;
(vii) Retrieving an item for the individual;
(viii) Providing physical support and assistance with balance and stability to an individual with a mobility disability; or
(ix) Helping an individual with a psychiatric or neurological disability by preventing or interrupting impulsive or destructive behaviors.
“Service animal” does not include:
(a) An animal other than a dog, whether wild or domestic, trained or untrained; or
(b) An animal used solely to provide:
(i) A crime deterrent;
(ii) Emotional support;
(iii) Well-being;
(iv) Comfort; or
(v) Companionship.
Stray. See “Estray.”
“Substantial bodily injury” means any physical injury to a human being or animal that results in considerable or extensive damage to the body or a body part, including but not limited to puncture wounds, lacerations, muscle tears, disfigurement, broken bones, evisceration, infection, permanent disability or impairment, excessive blood loss or amputation.
“Uintah animal control and shelter special service district,” herein referred to as the “district,” means the special service district created through resolution by the Uintah County commissioners, to provide animal control and shelter services to Uintah County.
Urban Livestock. See definition in the zoning ordinance of the applicable entity.
“Vicious animal” means an animal which, when unprovoked, without justification, attacks and causes severe injury, substantial bodily harm, or a fatality, to a human being, domestic pet or livestock.
“Wild animal” means any animal that is not defined as a domesticated animal. Those animals include but are not limited to:
(a) Alligators and crocodiles;
(b) Bears (Ursidae): all bears, including but not limited to grizzly bears, brown bears;
(c) Cat family (Felidae): all except the commonly domesticated cats and including, but not limited to, cheetah, leopards, lions, lynx, panthers, mountain lions, tigers, wildcats, or cougars;
(d) Dog family (Canidae): all except domesticated dogs and including, but not limited to, wolf, fox, coyote, dingo or hybrids;
(e) Porcupine (Erethozontidae);
(f) Primate (Hominidae): all subhuman primates;
(g) Raccoon (Prosynnidae): all raccoons including, but not limited to, eastern raccoon, desert raccoon, or ring-tailed cat;
(h) Skunks;
(i) Venomous fish and piranha;
(j) Venomous or constrictor snakes and lizards and poisonous spiders;
(k) Weasels (Mustelidaes): all including, but not limited to, weasels, martens, wolverines, ferrets, badgers, otters, mink or mongooses, except that persons raising members of this family as a business for their pelts shall not be prohibited by this title;
(l) Deer, elk, moose, antelope family.
Exceptions. For purposes of ownership and sale of pets, the following are not considered wild animals: nonvenomous snakes (under five feet in length), lizards, spiders and ferrets.
“Willfully provoke” means any deliberate action taken to incite, aggravate, goad, tease, torture, cause, trigger or bring about an adverse reaction from any animal.
“Worry” means to harass by tearing, biting, or shaking with the teeth or chasing any animal. [Ord. 14-159, 2014.]