Chapter 6.05
ANIMAL CONTROL

Sections:

Article I. General Provisions

6.05.010    Definitions.

6.05.020    Interference with officer prohibited.

6.05.030    Unlawful to harbor stray dogs.

6.05.040    Dogs running at large.

6.05.050    Dogs on unenclosed premises.

6.05.060    Female dogs in heat.

6.05.070    Places prohibited to dogs.

6.05.080    Dogs attacking persons and animals.

6.05.090    Fierce, dangerous or vicious animals.

6.05.100    Nuisance – Animals.

6.05.110    Procedure for court order.

6.05.120    Cost of removal.

Article II. Dog Licenses

6.05.130    Dog licensing.

6.05.140    License tag.

6.05.150    Licensing – Exemptions.

6.05.160    Revocation of dog license.

Article III. Rabies Control

6.05.170    Bites – Duty to report.

6.05.180    Rabies vaccination required for dogs and cats.

6.05.190    Duties of veterinarian and tag requirements.

6.05.200    Transient animal – Exception.

6.05.210    Impoundment of animal without valid rabies vaccination tag.

6.05.220    Reporting of rabid animals.

6.05.230    Quarantining and disposition of biting or rabid animals.

Article IV. Impoundment

6.05.240    Impounding – Animals to be impounded.

6.05.250    Impounding – Records to be kept.

6.05.260    Impounding – Disposition of animals.

6.05.270    Impounding – Redemption.

6.05.280    Animal shelter.

Article V. Cruelty to Animals Prohibited

6.05.290    Physical abuse.

6.05.300    Hobbling animals.

6.05.310    Care and maintenance.

6.05.320    Animals in vehicles.

6.05.330    Abandonment of animals.

6.05.340    Animal poisoning.

6.05.350    Injury to animals by motorists.

6.05.360    Animals for fighting.

6.05.370    Killing of birds.

6.05.380    Malicious impounding.

Article VI. Sale of Animals

6.05.390    Rabbits or fowl.

6.05.400    Premiums and novelties.

6.05.410    Pet turtles.

Article VII. Wild Animals

6.05.420    Prohibited.

6.05.430    State and federal regulations.

Article VIII. Regulatory Permits

6.05.440    Commercial permits.

6.05.450    Sportsman’s permit.

6.05.460    Display of permit.

6.05.470    Renewal of permit.

6.05.480    Permit fees.

6.05.490    Exemptions.

6.05.500    Inspections.

6.05.510    Standards for permitted establishments.

6.05.520    Suspension or revocation of permit.

Article IX. Estrays

6.05.530    Impounding and disposal of estrays – Generally.

6.05.540    Notice of sale of estrays.

6.05.550    Return to the owner on payment of costs – Sale.

6.05.560    Record of estrays.

6.05.570    Trespassing animals – Damaging – Impounding.

6.05.580    Appraisement of damages.

6.05.590    Owner to be notified.

6.05.600    Failure to notify waives damages.

6.05.610    Where owner unknown – Duty of poundmaster.

6.05.620    Notice of sale of distrained animals.

6.05.630    Owner may pay and take animals – Disputed appraisal.

6.05.640    Sale – Bill of sale.

6.05.650    Redemption within 90 days.

6.05.660    Owner entitled to residue of proceeds.

6.05.670    Record of trespassing animals.

6.05.680    Retaking animal unlawfully.

Article X. Violation – Penalty

6.05.690    Minimum penalty.

Article XI. Hobby License

6.05.700    Purpose.

6.05.710    Hobby license requirements.

6.05.720    Fees and required vaccination.

6.05.730    Renewal of license and inspections.

6.05.740    Exemptions.

6.05.750    Complaints and revocation of license.

6.05.760    Penalty.

Article I. General Provisions

6.05.010 Definitions.

“Animal at large” means any domesticated animal, whether or not licensed, not under restraint as defined in this section.

“Animal boarding establishment” means any establishment which takes in animals for boarding for profit.

“Animal grooming parlor” means any establishment maintained for the purpose of offering cosmetological services for animals for profit.

“Animal shelter” means a facility owned or operated by a governmental entity or any animal welfare organization that is recognized pursuant to Section 76-9-302, Utah Code Annotated 1953, as amended, and used for the care and custody of seized, stray, homeless, quarantined, abandoned, or unwanted dogs, cats, or other small domestic animals.

“Animal under restraint” means any animal under the control of its owner or person having charge, care, custody or control, except a dog shall not be considered under control of the owner unless on a leash or lead, confined within a vehicle, or within the real property limits of the owner.

“Bite” means an actual puncture, tear or abrasion of the skin inflicted by the teeth of an animal.

“Cat” means any age feline of the domesticated types.

“Cattery” means an establishment for boarding, breeding, buying, grooming or selling cats for profit.

“Dog” means any canis familiaris over four months of age. Any canis familiaris under four months of age is a puppy.

“Domesticated animals” means animals accustomed to live in or about the habitation of man, including but not limited to cats, dogs, fowl, horses, swine and goats.

“Guard dog” means a working dog which must be kept in a fenced run or other suitable enclosure during business hours, or on a leash or under absolute control while working, so it cannot come into contact with the public.

“Holding facility” means any pet shop, kennel, cattery, groomery, riding school, stable, animal shelter, veterinary hospital, humane establishment, or any other such facility used for holding animals.

“Kennel” means an establishment having three or more dogs for the purpose of boarding, breeding, buying, grooming, letting for hire, training for fee, or selling, except where such establishment shall be licensed as having sportsman’s privileges as provided in RCC 6.05.450.

“Leash” or “lead” means any chain, rope or device used to restrain an animal.

“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 shop” means any establishment containing cages or exhibition pens, not part of a kennel or cattery, wherein dogs, cats, birds, or other pets for sale are kept or displayed.

“Quarantine” means the isolation of an animal in a substantial enclosure so that the animal is not subject to contact with other animals or unauthorized persons.

“Riding school or stable” means an establishment which offers boarding or riding instruction for any horse, pony, donkey, mule or burro or which offers such animals for hire.

“Stray” means any animal at large as defined herein.

“Vicious animal” means any animal which is dangerously aggressive, including, but not limited to, any animal which has bitten or in any other manner attacked any person or animal.

“Wild animal” means any animal of a species that in their natural life are wild. Those animals, however domesticated, shall include but are not limited to:

(a) Alligators and crocodiles.

(b) Bears (ursidae). All bears including grizzly bears, brown bears and black bears.

(c) Cat family (felidae). All except the commonly accepted domesticated cats, and including cheetahs, cougars, leopards, lions, lynx, panthers, mountain lions, tigers, wildcats, etc.

(d) Dog family (canidae). All except domesticated dogs, and including wolf, fox, coyote, dingo, etc.

(e) Porcupine (erethizontidae).

(f) Primate (hominidae). All subhuman primates.

(g) Raccoon (prosynnidae). All raccoons including eastern raccoon, desert raccoon, ring-tailed cat, etc.

(h) Skunks.

(i) Venomous fish and piranha.

(j) Venomous snakes or lizards.

(k) Weasels (mustelidae). All including weasels, martins, wolverines, ferrets, badgers, otters, ermine, mink, mongoose, etc., except that persons raising members of this family as a business for their pelts shall not be prohibited by this section. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-11.]

6.05.020 Interference with officer prohibited.

It shall be unlawful for any person to knowingly and intentionally interfere with the director or any animal control officer in the lawful discharge of his duties as herein prescribed. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-24.]

6.05.030 Unlawful to harbor stray dogs.

It shall be unlawful for any person, except an animal welfare society incorporated within the state of Utah under Section 76-9-302, Utah Code Annotated 1953, as amended, to harbor or keep any lost or strayed dog. Whenever any dog shall be found which appears to be lost or strayed, it shall be the duty of the finder to notify the animal control department within 24 hours, and the department shall impound the dog as herein provided. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-28.]

6.05.040 Dogs running at large.

It shall be unlawful for the owner or person having charge, care, custody or control of any dog to allow such dog at any time to run at large. The owner or person charged with responsibility for a dog found running at large shall be strictly liable for a violation of this section regardless of the precautions taken to prevent the escape of the dog and regardless of whether or not he knows that the dog is running at large. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-29.]

6.05.050 Dogs on unenclosed premises.

It shall be unlawful for any person to chain, stake out, or tether any dog 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. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-30.]

6.05.060 Female dogs in heat.

Any owner or person having charge, care, custody or control of any female dog in heat shall, in addition to restraining such dog from running at large, cause such dog to be constantly confined in a building or secure enclosure so as to prevent it from attracting by scent or coming into contact with other dogs and creating a nuisance, except for planned breeding. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-31.]

6.05.070 Places prohibited to dogs.

It shall be unlawful for any person to take or permit any dog, 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, meat markets, and fruit or vegetable stores. This section shall not apply to the use of “service animals” as defined by Section 62A-5b-102, Utah Code Annotated 1953, or successor statute. [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-32.]

6.05.080 Dogs attacking persons and animals.

It shall be unlawful for the owner or person having charge, care, custody or control of any dog to allow such dog to attack, chase or worry any person, any domestic animal having a commercial value, or any species of hoofed protected wildlife, or to attack domestic fowl. “Worry” as used in this section shall mean to harass by tearing, biting or shaking with the teeth. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-33.]

6.05.090 Fierce, dangerous or vicious animals.

It shall be unlawful for the owner of any fierce, dangerous or vicious animal to permit such animal to go or be off the premises of the owner unless such animal is under restraint and properly muzzled so as to prevent it from injuring any person or property. Every animal so vicious and dangerous that it cannot be controlled by reasonable restraints, and every dangerous and vicious animal not effectively controlled by its owner or person having charge, care or control of such animal, so that it shall not injure any person or property, is a hazard to public safety, and the director of animal control shall seek a court order pursuant to RCC 6.05.110 for destruction of or muzzling of the animal. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-34.]

6.05.100 Nuisance – Animals.

Any owner or person having charge, care, custody or control of an animal or animals causing a nuisance as defined in this section shall be in violation of this chapter and subject to the penalties provided herein. The following shall be deemed a nuisance:

(1) Any animal which:

(a) Causes damages to the property of anyone other than its owner;

(b) Is a vicious animal as defined herein and kept contrary to RCC 6.05.090;

(c) Causes unreasonable fouling of the air by odors;

(d) Causes unsanitary conditions in enclosures or surrounding;

(e) Defecates on any public sidewalk, park, or building, or on any private property without the consent of the owner of such private property, unless the person owning, having a proprietary interest in, harboring or having care, charge, control, custody or possession of such animal shall remove any such defecation to a proper trash receptacle;

(f) Barks, whines or howls or makes other disturbing noises in an excessive, continuous, or untimely fashion;

(g) Molests passersby or chases passing vehicles;

(h) Attacks other domestic animals;

(i) Is determined by the department of animal control or Salt Lake Valley health department to be a public nuisance by virtue of being offensive or dangerous to the public health, welfare or safety.

(2) Any animals which, by virtue of the number maintained, are determined by the department of animal control or the Salt Lake Valley health department to be offensive or dangerous to the public health, welfare or safety. [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-35.]

6.05.110 Procedure for court order.

Unless modified by the court, court orders pursuant to RCC 6.05.090, 6.05.160, and 6.05.180 through 6.05.230 shall be filed according to the following minimum notice and procedure:

(1) The director of animal control or his authorized representative shall petition the court for the desired action.

(2) The petition for the action together with supporting affidavits shall be served on the party against whom the action is taken at least five days prior to the hearing. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-50.]

6.05.120 Cost of removal.

The owner or person that last had control or possession of any dead animal shall be liable to the city for the reasonable expense incurred by the city in removing or disposing of the carcass of the dead animal. The city shall make a reasonable effort to notify the owner or person that last had control or possession of the dead animal that it must be removed and disposed of or that the owner shall be charged with such reasonable expenses. The notice to the owner may be waived where the carcass of the dead animal created an immediate threat to the public health or safety. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-51.]

Article II. Dog Licenses

6.05.130 Dog licensing.

(1) All dogs must be licensed each year, except as otherwise provided herein, to a person of the age of 18 years or older.

(2) Any person owning, possessing or harboring any dog shall obtain a license for such animal within 30 days after the dog reaches the age of four months; or in the case of a dog over four months, within 10 days of the acquisition of the dog.

(3) License applications must be submitted annually to the department of animal control, utilizing a standard form which requests name, address, and telephone number of the applicant; breed, sex, color; and rabies information. The application shall be accompanies by the prescribed license for and by a current rabies vaccination certificate. Rabies vaccinations shall be given by a licensed veterinarian every two years.

(4) License Fees. License fees shall be charged according to the rates set by resolution of the Riverton City council, for the following categories:

(a) Female dog.

(b) Male dog.

(c) Spayed or neutered dog.

No dog will be licensed as spayed or neutered without proof that sterilization was performed.

(5) The license shall be effective from the date of purchase until December 31st of that year. Licenses for the following year may be purchased within 90 days prior to the expiration date.

(6) No person or persons at any one residence within the jurisdiction shall at any one time own or license more than three dogs in any combination except as otherwise provided herein.

(7) There shall be a late fee added to license purchased after February 28th of any year; provided, that the license for the previous year expired on December 31st. Late fees shall be charged according to the rates set by resolution of the Riverton City council. [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-25.]

6.05.140 License tag.

(1) On payment of the license fee, the department of animal control shall issue to the owner a certificate and a tag for each dog 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 the collar or harness of the animal and see that the collar and tag are constantly worn. Failure to attach the tag as provided shall be in violation of this section, except that dogs which are kept for show purposes are exempt from wearing the collar and tag.

(2) Dog tags are not transferable from one dog to another. No refunds shall be made on any dog license fee for any reason whatsoever. Replacements for lost or destroyed tags shall be issued upon payment of a fee set by resolution of the city council to the department of animal control.

(3) Any person removing or causing to be removed the collar, harness, or tag from any licensed dog without the consent of the owner or keeper thereof, except a licensed veterinarian or animal control officer who removes such for medical and other reasons, shall be in violation of this section. [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-26.]

6.05.150 Licensing – Exemptions.

(1) The provisions of RCC 6.05.130 and 6.05.140 shall not apply to:

(a) Licensed dogs whose owners are nonresidents temporarily (up to 30 days); owners within the jurisdiction longer than 30 days may transfer to the local license upon payment of a fee, as established by resolution of the city council, and proof of current rabies vaccination.

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

(2) The fee provisions of RCC 6.05.130 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 sounds.

(c) Dogs especially 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 so as to exempt any dog from having a current rabies vaccination. [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-27.]

6.05.160 Revocation of dog license.

If the owner of any dog(s) is found to be in violation of this chapter on three or more different occasions during any 12-month period, the director of animal control may seek a court order pursuant to RCC 6.05.110, revoking for a period of one year any dog license(s) such person may possess and providing for the animal control department to pick up and impound any dog(s) kept by the person under such order. Any dog impounded pursuant to such an order shall be dealt with in accordance with the provisions of this chapter for impounded animals except that the person under the order of revocation shall not be allowed to redeem the dog under any circumstances. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-36.]

Article III. Rabies Control

6.05.170 Bites – Duty to report.

(1) 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 the department of animal control or to the Salt Lake Valley health department.

(2) The owner of an animal that bites a person and any person bitten by an animal shall report the bite to the department of animal control or the health department within 24 hours of the bite, regardless of whether or not the biting animal is of a species subject to rabies.

(3) A physician or other medical personnel that renders professional treatment to a person bitten by an animal shall report the fact that he has rendered professional treatment to the department of animal control or the Salt Lake Valley health department within 24 hours of his first professional attendance. If permitted by the person receiving treatment for the bite wound, and subject to the Health Insurance Portability Accountability Act, 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 any other facts that may assist the department of animal control 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 the department of animal control. 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 not conforming with the requirements of this section shall be violation of this chapter. [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-37.]

6.05.180 Rabies vaccination required for dogs and cats.

The owner or person having the charge, care, custody and control of a dog or cat four months old or older shall have the animal vaccinated within 30 days after it reaches that age. Any person permitting any such animal to habitually be on or remain, or be lodged or fed within such person’s house, yard or premises shall be responsible for the vaccination. Unvaccinated dogs or cats over four months of age acquired by the owner or moved into the jurisdiction must be vaccinated within 30 days of purchase or arrival. Every dog shall be revaccinated thereafter every 24 months with a modified virus rabies vaccine approved by the Salt Lake Valley health department. This section shall not apply to veterinarian or kennel operators temporarily maintaining on their premises animals owned by others. [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-38-1.]

6.05.190 Duties of veterinarian and tag requirements.

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:

(1) Owner’s name and address.

(2) Description of animal (breed, sex, markings, age, name).

(3) Date of vaccination.

(4) Rabies vaccination tag number.

(5) Type of rabies vaccine administered.

(6) Manufacturer’s serial number of vaccine.

A copy of the certificate shall be distributed to the owner and 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 a tag shall be deemed to be unvaccinated and may be impounded and dealt with pursuant to this chapter. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-38-2.]

6.05.200 Transient animal – Exception.

The provisions of RCC 6.05.180 through 6.05.230 with respect to vaccination shall not apply to any animal owned by a person temporarily remaining within the jurisdiction for less than 30 days. Such animals shall be kept under strict supervision of the owner. It shall be unlawful to bring any animal into the jurisdiction which does not comply with the animal health laws and import regulations. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-38-3.]

6.05.210 Impoundment of animal without valid rabies vaccination tag.

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

(2) Any unvaccinated animal may be reclaimed prior to disposal by payment of impound fees and by obtaining a rabies vaccination within 72 hours of release.

(3) Any dog not reclaimed prior to the period shall be disposed of pursuant to provisions of RCC 6.05.260. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-38-4.]

6.05.220 Reporting of rabid animals.

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 or person bitten by such a suspect animal, shall notify the department of animal control, the Salt Lake Valley health department or the State Division of Health. [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-38-5.]

6.05.230 Quarantining and disposition 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 as set forth in RCC 6.05.220 and shall immediately be confined in a secure place by the owner. The owner shall turn over the animal to the department of animal control upon demand.

(2) The owner of any animal of a species subject to rabies which has bitten shall surrender the animal to an authorized official upon demand. Any person authorized to enforce this chapter may enter upon private property to seize the animal; if the owner refuses to surrender the animal, the office 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 10 days by the department of animal control and/or the health department. The owner of the animal shall bear the cost of confinement. The animal shelter shall be the normal place for quarantine, but other arrangements, including confinement by the owner, may be made by the director of animal control and/or the director of health 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 department of animal control 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 a quarantined animal to fail or refuse to allow a health or animal control officer to make an inspection or examination during the period of quarantine. If the animal dies within 10 days from the date of bite, the person having custody shall immediately notify the department or immediately remove and deliver the head to the State Health Laboratory to be examined for rabies. If, at the end of the 10-day period, the director of animal control 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 RCC 6.05.260.

(4) Unvaccinated Bitten Animals.

(a) In the case of an unvaccinated animal species subject to rabies which is known to have been bitten by a known rabid animal, the bitten or exposed animal should be immediately destroyed.

(b) If the owner is unwilling to destroy the bitten or exposed animal, the animal shall be immediately isolated and quarantined for six months under veterinary supervision, the cost of such confinement to be paid in advance by the owner. The animal shall be destroyed if the owner does not comply herewith.

(5) Vaccinated Bitten Animals.

(a) If the bitten or exposed animal has been vaccinated, the animal shall be revaccinated within 24 hours and quarantined for a period of 30 days following revaccination; or

(b) If the animal is not revaccinated within 24 hours, the animal shall be isolated and quarantined under veterinary supervision for six months.

(c) The animal shall be destroyed if the owner does not comply with subsection (5)(a) or (b) of this section.

(6) Removal of Quarantined Animal. It shall be unlawful for any person to remove any such animal from the place of quarantine without written permission of the department of animal control.

(7) If any animal bites or attacks a person or animal two times or more in a 12-month period and if the animal is immediately seized following the second bite or attack while the animal remains located in a public place, such animal may be immediately impounded by the department of animal control without court order and held at owner’s expense pending court action. Within 48 hours following impoundment of an animal under this section, the department of animal control shall seek authorization by court order to continue to hold the animal in impoundment pending final disposition of court action. Any such animal shall be deemed a vicious animal, and the director of animal control may seek a court order as provided in RCC 6.05.110, for destruction of the animal. Parties owning such animals shall, if possible, be notified immediately of the animal’s location by the animal control director. [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-38-6.]

Article IV. Impoundment

6.05.240 Impounding – Animals to be impounded.

The animal control director shall place all animals which he takes into custody in a designated animal impound facility. The following animals may be taken into custody by the animal control director 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 animal which is by this chapter required to be licensed and is not licensed. An animal not wearing a tag shall be presumed to be unlicensed for purposes of this section;

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

(5) Any abandoned animal;

(6) Animals which are not vaccinated for rabies in accordance with the requirements of this chapter;

(7) Any animal to be held for quarantine;

(8) Any vicious animal not properly confined as required by RCC 6.05.090.

Within 72 hours following the identification of the owner of an animal impounded under this section, the animal control director shall cause a complaint to be filed in a court of competent jurisdiction to hear the complaint. In addition, the animal control officer shall seek a court order authorizing continued impoundment of the animal pending final disposition of the complaint, if the animal control director determines it to be a vicious animal which has bitten or attacked a person or animal two times or more in a 12-month period, as described in RCC 6.05.230(7). [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-39.]

6.05.250 Impounding – Records to be kept.

The impounding facility shall keep a record of each animal impounded which includes the following information:

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

(2) The manner and date of impound.

(3) The location of the pickup 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.

(8) All expenses accruing during impoundment. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-40.]

6.05.260 Impounding – Disposition of animals.

(1) Animals shall be impounded for a minimum of three calendar days before further disposition, and may thereafter be destroyed. 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. 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.

(2) All dogs and cats, except for those quarantined or confined by court order, 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 animal control director shall direct. Any healthy dog or cat may be sold to any person or to any institution engaged in scientific research and desiring to purchase such animal for a fixed price to be determined by resolution of the Riverton City council, plus license and rabies vaccination if required.

(3) 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 director, be released to the care of a veterinarian with the consent of the owner.

(4) When, in the judgment of the animal control director, it is determined that an animal should be destroyed for humane reasons or to protect the public from imminent danger to persons or property, such animal may be destroyed without regard to any time limitations otherwise established herein, and without court order. [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-41.]

6.05.270 Impounding – Redemption.

The owner of any impounded animal or their authorized representative may redeem such animal before disposition, provided payment is made of:

(1) The impound fee;

(2) The daily board charge;

(3) Veterinary costs incurred during the impound period, including rabies vaccinations;

(4) License fee, if required.

Fees shall be charged according to the rates set by resolution of the Riverton City council, for the following impoundment and boarding services:

(a) Impound Fee.

(i) First confinement.

(ii) Second confinement.

(iii) Third and subsequent confinements.

(b) Board. Per calendar day of confinement.

No impound fee shall be charged the reporting owners of suspected rabid animals if they comply with RCC 6.05.180 through 6.05.230. [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-42.]

6.05.280 Animal shelter.

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

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

(3) The governing authority may furnish, when necessary, medical treatment for such animals as may be impounded pursuant to this chapter. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-43.]

Article V. Cruelty to Animals Prohibited

6.05.290 Physical abuse.

It is unlawful for any person to willfully or maliciously kill, maim, disfigure, torture, beat with a stick, chain, club or other object, mutilate, burn or scald, over-drive or otherwise cruelly set upon any animal. Such offense shall constitute a separate violation. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-44-1.]

6.05.300 Hobbling animals.

It is unlawful for any person to hobble livestock or other animals by any means which may cause injury or damage to any animal. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-44-2.]

6.05.310 Care and maintenance.

It shall be the duty of any person to provide any animal in his charge or custody, as owner or otherwise, with adequate food, drink, care and shelter. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-44-3.]

6.05.320 Animals in vehicles.

It shall be unlawful for any person to carry or confine any animal in or upon any vehicle in a cruel or inhumane manner or to transport an animal in or on a vehicle in a way which might allow the animal to fall, jump, be ejected or hang from a moving vehicle. It shall be unlawful to confine such animal in an enclosed area in or on any vehicle during times when the outside temperature is above 75 degrees Fahrenheit without adequate ventilation. [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-44-4.]

6.05.330 Abandonment of animals.

It shall be unlawful for any person to abandon any animal within the jurisdiction. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-44-5.]

6.05.340 Animal poisoning.

Except as provided herein, it shall be unlawful for any person by any means to make accessible to any animal, with intent to cause harm or death, any substance which has in any manner been treated or prepared with any harmful or poisonous substance. This section 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 prohibit access to other animals. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-44-6.]

6.05.350 Injury to animals by motorists.

(1) Every operator of a motor or other self-propelled vehicle upon the streets of the jurisdiction shall immediately upon injuring, striking, maiming or running down any domestic animal give such aid as can reasonably be rendered. In the absence of the owner, he shall immediately notify the animal control department, furnishing requested facts relative to such injury.

(2) It shall be the duty of such operator to remain at or near the scene until such time as the appropriate authorities arrive, and upon the arrival of such authorities, the operator shall immediately identify himself to such authorities. Alternatively, in the absence of the owner, a person may give aid by taking the animal to the animal control facility or other appropriate facility and notifying the animal control department. Such animal may be taken in by the animal control facility and dealt with as deemed appropriate under the circumstances.

(3) Emergency vehicles are exempted from the requirements of this section. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-44-7.]

6.05.360 Animals for fighting.

(1) It shall be unlawful for any person, firm or corporation 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 be present as a spectator at any such fighting or baiting of any animal or fowl; and for any person, firm or corporation to knowingly rent any building, shed, room, yard, ground or premises for any such purposes as aforesaid, or to knowingly suffer or permit the use of his buildings, sheds, rooms, yards, grounds or premises for the purposes aforesaid.

(2) Law enforcement officers or animal control department officials may enter any building or place where there is an exhibition of the fighting or baiting of a live animal, or where preparations are being made for such an exhibition, and the law enforcement officers may arrest persons there present and take possession of all animals engaged in fighting, or there found for the purposes of fighting, along with all implements or applications used in such exhibition. This subsection shall not be interpreted to authorize a search or arrest without a warrant when such is required by law. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-44-8.]

6.05.370 Killing of birds.

It shall be unlawful for any person to take or kill any bird(s), or to rob or destroy any nest, egg or young of any bird in violation of the laws of the state of Utah. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-44-9.]

6.05.380 Malicious impounding.

It shall be unlawful for any person maliciously to secrete or impound the animal of another. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-44-10.]

Article VI. Sale of Animals

6.05.390 Rabbits or fowl.

It shall be unlawful for any person to sell, offer for sale, barter or give away any baby rabbits or fowl under two months of age in any quantity less than six. Such animals shall not be artificially dyed or colored. Nothing in this section shall be construed to prohibit the raising of such rabbits and fowl by a private individual for his personal use and consumption; provided, that he shall maintain proper brooders and other facilities for the care and containment of such animals while they are in his possession. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-45-1.]

6.05.400 Premiums and novelties.

It shall be unlawful for any person to offer as a premium, prize, award, novelty, or incentive to purchase merchandise, any live animal. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-45-2.]

6.05.410 Pet turtles.

It shall be unlawful for any pet shop to raise or sell any Pseudemys Scripta-Elegans, or P. troostii family Testudinidae, “pet turtles.” [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-45-3.]

Article VII. Wild Animals

6.05.420 Prohibited.

It shall be unlawful for any person to sell, offer for sale, barter, give away, keep or purchase any wild animal as defined in RCC 6.05.010 which is fierce, dangerous, noxious, or naturally inclined to do harm, except the animal shelter, a zoological park, veterinary hospital, humane society shelter, public laboratory, circus, sideshow, amusement show, or facility for education or scientific purposes may keep such an animal if protective devices adequate to prevent such animal from escaping or injuring the public are provided. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-46-1.]

6.05.430 State and federal regulations.

It shall be unlawful for any person to keep an animal of a species prohibited or protected by Title 50 of the Code of Federal Regulations or by any regulation or law of the state of Utah. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-46-2.]

Article VIII. Regulatory Permits

6.05.440 Commercial permits.

It shall be unlawful for any person to operate or maintain a kennel, cattery, pet shop, groomery, riding stable, veterinary clinic or hospital or any similar establishment unless such person first obtains a regulatory permit from the department of animal control, in addition to all other required licenses. All applications for permits to operate such establishments shall be submitted, together with the required permit fee, on a printed form provided by the animal control department to that department. Before the permit is issued, approval shall be granted by the Salt Lake Valley health department and appropriate zoning authority and the animal control department. [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-47-1.]

6.05.450 Sportsman’s permit.

(1) Where permitted by the governing body, owners of purebred dogs may obtain a permit to keep up to three dogs in a residential area, provided:

(a) Such dogs are individually licensed;

(b) Such dogs are registered with a national registry (AKC, UKC, Field Dog);

(c) Approval is granted by the appropriate zoning authority, Salt Lake Valley health department, and department of animal control;

(d) Adequate runs (not necessarily concrete) are provided;

(e) Other provisions of this chapter are complied with, and no dog or premises is deemed to be a nuisance.

(2) The holder of a permit issued under RCC 6.05.440 through 6.05.500 may keep one litter intact until the dogs 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 holder of the permit retain more than six dogs over six months of age nor more than three dogs over one year of age. [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-47-2.]

6.05.460 Display of permit.

A valid permit shall be posted in a conspicuous place in each establishment, and the permit shall be considered an appurtenant to the premises and not transferable to another location. The permittee shall notify the department of animal control within 30 days of any change in his establishment or operation which may affect the status of his permit. In the event of a change in ownership of the establishment, the permittee shall notify the department of animal control immediately. Permits shall not be transferable from one owner to another. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-47-3.]

6.05.470 Renewal of permit.

Any permit issued pursuant to RCC 6.05.440 through 6.05.500 shall automatically expire on the December 31st immediately following date of issue. Within two months prior to the expiration of the permit, the permittee shall apply for a renewal of the permit and pay the required fee. Any application made after December 31st, except an application for a new establishment opening subsequent to that date, shall be accompanied by a late application fee in addition to the regular permit fee. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-47-4.]

6.05.480 Permit fees.

Kennels, catteries, groomeries, riding stables, sportsman permit applicants, pet shops, veterinary clinics or hospitals shall be assessed permit fees in an amount to be determined by resolution of the city council, based upon the following categories:    

(1) Class A, 3 – 15 animals.

(2) Class B, 16 – 30 animals.

(3) Class C, 30 or more animals.

(4) Riding stables.

(5) Sportsman’s permit – Dogs.

(6) Late fee. [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-47-5.]

6.05.490 Exemptions.

Research facilities where bona fide medical or related research is being conducted, humane shelters, and other animal establishments operated by state or local government or which are licensed by federal law are excluded from the licensing requirements of this chapter. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-47-6.]

6.05.500 Inspections.

All establishments required to be permitted under this chapter, including holders of sportsman’s permits, shall be subject to periodic inspections, and the inspector shall make a report of such inspection with a copy to be filed with the animal control department. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-47-7.]

6.05.510 Standards for permitted establishments.

The department of animal control shall promulgate rules and regulations governing the operation of kennels, catteries, groomeries, pet shops, riding stables, and veterinary clinics or hospitals. Such rules and regulations shall provide for the type of structures, buildings, pens, cages, runways or yards required for the animal 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 relating to the health of said animals, the control of noise and odors, and the protection of persons or property on adjacent premises; and other such matters as the director shall deem necessary. Such rules and regulations shall be the effect of law; and violation of such rules and regulations shall be deemed a violation of this chapter and grounds for revocation of a permit issued by the department of animal control. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-48.]

6.05.520 Suspension or revocation of permit.

(1) Grounds. A permit may be suspended or revoked or a permit application rejected on any one or more of the following grounds:

(a) Falsification of facts in a permit application;

(b) Violation of any of the provisions of this chapter or any other law or regulation governing the establishment including noise, building and zoning ordinances (RCC Titles 15, 17 and 18);

(c) Conviction on a charge of cruelty to animals.

(2) Procedure. If an inspection of kennels, catteries, groomeries, pet shops, riding stables, veterinary clinics or hospitals, or the premises of the holder of a sportsman’s permit reveals a violation of this chapter, the inspector shall notify the permit holder or operator of such violation by means of an inspection report form or other written notice. The notification shall:

(a) Set forth the specific violation(s) found;

(b) Establish a specific and reasonable period of time for the correction of the violation(s) found;

(c) State that failure to comply with any notice issued in accordance with the provisions of this chapter may result in immediate suspension of the permit;

(d) State that an opportunity for appeal from any notice or inspection findings will be provided if a written request for a hearing is filed with the department of animal control within five days of the date of the notice.

(3) Revocation or Suspension. Any permit granted under this chapter may be suspended or revoked by the governing body for violations listed in subsection (1) of this section. A minimum of five days’ notice shall be given to the permittee advising him of the date and time for such hearing, and listing the cause or causes for such suspension or revocation. No new permit shall be issued to any person whose permit has been previously revoked except upon application for a new permit, accompanied by the required application fee, and unless and until all requirements of this chapter have been met.

(4) Emergency Suspension. Notwithstanding the other provisions of this chapter, when the inspecting officer finds unsanitary or other conditions in the operation of kennels, catteries, groomeries, veterinary clinics or hospitals, riding stables, pet shops, or similar establishments, or premises of the holder of a sportsman’s permit which, in his judgment, constitute a substantial hazard to public health, he may, without warning or hearing, issue a written notice to the permit holder or operator citing such condition and specifying the corrective action to be taken. Such order may state that the permit is immediately suspended and all operations are to be immediately discontinued. Any person to whom such an order is issued shall comply immediately therewith. Any animals at such a facility may be confiscated by the animal control department and impounded or otherwise provided for according to the provisions of this chapter.

(5) Notice provided for under this section shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by certified mail to the last known address of the permit holder. A copy of such notice shall be filed with the records of the department of animal control. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-49.]

Article IX. Estrays

6.05.530 Impounding and disposal of estrays – Generally.

It is hereby made the duty of the poundmaster to take into his possession and impound all estrays running at large, and to dispose of the same as hereinafter provided. Whenever the word “estray” appears in this article, it is defined to mean any valuable animal, except dogs or cats, not wild, found wandering from its owner. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-61.]

6.05.540 Notice of sale of estrays.

Within three days after an estray shall come into the possession of the poundmaster, he shall advertise the same in a newspaper published in and having general circulation in the county by publishing a notice in at least one issue of the newspaper, and by posting notices for a period of 10 days in three public places in the city, one of which places shall be at or near the Post Office. He shall immediately deliver a copy of such notice to the county clerk or mail the same to him by registered letter. The notice so filed with the clerk should be available during reasonable hours for inspection by the public free of charge. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-62.]

6.05.550 Return to the owner on payment of costs – Sale.

If at any time before the sale of any estrays, such animals shall be claimed and proved to be the property of any person, the poundmaster shall deliver them to the owner upon receiving from him the cost of impounding, keeping and advertising the same. If the animals are not so claimed and taken away, he shall, at the time and place mentioned in the notice, proceed to sell the same, one at a time, to the highest cash bidder, and shall execute and deliver a bill of sale transferring said animals to the purchaser or purchasers thereof. The poundmaster shall immediately file a copy of such bill of sale with the county clerk or forward the same to him by registered mail. Such bill of sale shall transfer and vest in such purchaser the full title to the animals thus sold. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-63.]

6.05.560 Record of estrays.

The poundmaster shall keep an accurate record of all estrays received by him, their age, color, sex, marks, and brands, the time and place of taking and the expense of keeping and selling the same, all animals claimed and taken away, all animals sold and to whom sold and the amount paid, all moneys paid to owners after sale, all moneys paid into the treasury, and all other matters necessary to the compliance with the provisions of this article. The city council shall provide the poundmaster with a suitable book in which shall be entered the records required by law to be kept by the poundmaster. Such records shall be open to inspection of the public at all reasonable hours, and shall be deposited by the poundmaster with his successor in office. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-64.]

6.05.570 Trespassing animals – Damaging – Impounding.

If any cattle, horses, asses, mules, sheep, goats or swine shall trespass or do damage upon the premises of any person, the party aggrieved, whether he be the owner or the occupant of such premises, may recover damages by an action at law against the owner of the trespassing animals or by distraining and impounding the animals in the manner provided. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-65.]

6.05.580 Appraisement of damages.

The owner or occupant of any property may distrain any or all of said animals trespassing or doing damage thereon. He shall, within 24 hours thereafter, deliver said animals to the poundmaster together with a certificate of the appraisement of the damage done by such animals. Such appraisement must be made by some disinterested person. It must state the amount of the damage, the time when committed, the name of the person damaged, the name of the owner of the animals, if known, and if not known, it must state that fact together with a description of the animals, including all visible marks and brands. If the animals appear to be owned by different parties, a separate appraisement and a separate certificate thereof shall be made of the damage done by the lot or group of animals which appear to belong to each of the different owners. In such cases, the owners shall be notified separately, and each lot or group of animals shall be advertised and sold separately in the same manner as though the damage had been done by different animals at different times. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-66.]

6.05.590 Owner to be notified.

The person distraining the animals must, if the owner of the same be known to him, immediately deliver to such owner, or leave at his place of residence if he cannot be found, a copy of such certificate of appraisement. [Amended during 2011 recodification; Ord. 9-16-97-2 § 2. Code 1997 § 13-3-67.]

6.05.600 Failure to notify waives damages.

If the party distraining any animals shall fail to deliver them or the certificate of appraisement to the poundmaster within 48 hours, or shall fail to deliver to the owners of the animals, if known, a copy of the certificate of appraisement within 24 hours after he receives the same or to deposit the same in a post office as herein provided, he shall not be entitled to recover damages under the provisions of this article. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-68.]

6.05.610 Where owner unknown – Duty of poundmaster.

Whenever any animals are delivered to the poundmaster and the certificate of appraisement is filed with him as herein provided and such certificate states that the owner is unknown, the poundmaster shall immediately examine all brand books or brand sheets in his possession. If the owner be ascertained thereby or if the owner is already known to the poundmaster, he shall, if the owner lives within 10 miles, immediately deliver a copy of such certificate of appraisement to such owner, or leave the same at his residence if he cannot be found. If the owner lives more than 10 miles away, the poundmaster may at his option deliver such copy personally to the owner, or deposit the same in the nearest post office in a registered letter addressed to such owner. He shall, however, serve a copy in one of the ways provided herein; provided, that whenever personal service of a copy of any paper is required by this chapter, service by agent shall be deemed sufficient. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-69.]

6.05.620 Notice of sale of distrained animals.

As soon as any such animals are delivered to the poundmaster, he shall immediately proceed to advertise the same as hereinafter provided except when the owner is known and has been notified, in which case he shall hold said animals 48 hours before advertising the same. He shall advertise in a newspaper published in and having general circulation in the county, by publishing a notice in at least one issue of said paper, by posting notices in three public places in the city, one of which shall be at or near the Post Office, and he shall deliver a copy of the same to the county clerk or send the same by deputy or by registered mail. The clerk should preserve such notice and post a copy thereof. The notice herein provided for shall state the time when the damage was done and the amount thereof, the name of the party damaged, a description of the animals, including all visible marks and brands, and the day, hour, and place at which such animals will be sold, which shall be not less than 10 or more than 20 days from the time of posting such notice. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-70.]

6.05.630 Owner may pay and take animals – Disputed appraisal.

The owner of any trespassing animals taken up under the provisions of this article may at any time before the sale thereof claim and take such animals away upon paying the amount of damages set forth in the certificate of appraisement and the accrued costs, and if such animals are included in a lot or group of animals belonging to other parties against which the damages and costs are assessed as a whole, he shall pay his proportion of the total amount of damages and costs assessed against such animals, according to the number of animals he owns when compared with the number of the entire lot or group. If he deems the appraisal too high, he may choose another appraiser having qualification herein provided who with the first appraiser shall make a new appraisal, and if they cannot agree, they shall choose a third appraiser, and the three shall proceed to make another appraisal, and the decision of the majority shall be final. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-71.]

6.05.640 Sale – Bill of sale.

If such animals are not claimed and taken away by the owner, the poundmaster shall, at the time and place set forth in the notice of sale, proceed to sell such animals, one at a time, to the highest cash bidder. If the owner of any lot of animals to be sold is known, the poundmaster shall sell only enough of said animals to pay the damages and costs, the remainder may be turned over to the owner at any time thereafter; but if the owner be unknown, the poundmaster shall proceed to sell all of said animals so advertised for sale. He shall execute and deliver a bill of sale therefor, and file a copy with the county clerk as hereinbefore provided. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-72.]

6.05.650 Redemption within 90 days.

The owner of any trespassing animals sold under the provisions of this article may, at any time within 90 days of the date of such sale, redeem such animals from the purchaser or assignee having the same in his possession, upon paying to such purchaser or assignee the sum for which such animals were originally sold, together with an additional 10 percent and reasonable compensation for care and keeping of the same. If such purchaser or assignee refuses to give up such animals on the owner proving his title to the same and on his tendering the amount due as herein provided, such owner may maintain any action at law to recover the same; provided, that the purchaser or any assignee who has disposed of such animals shall not be liable to such owner in any amount. If redemption of such animals is not made within 90 days after the date of such sale, such sale shall be absolute and shall vest the title to such animals in the purchaser or assignee. Any person selling or disposing of any such animal within 90 days of its sale under the provisions of this article shall notify the purchaser of the same of the date of the original sale and the amount paid for such animal at that time; if he fails to do so, he shall be liable for any loss that may accrue to such purchaser by reason of such animal being redeemed for an amount less than he paid therefor. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-73.]

6.05.660 Owner entitled to residue of proceeds.

If any estrays or trespassing animals sold under the provisions of this article shall, within a period of six months following the date of sale, be claimed and proved to be the property of any person, it shall be the duty of the treasurer at the expiration of such time to pay the money received for such animals to the owner thereof, less the amount of damages and the expense of taking, keeping, and selling the same. In the event such animals are not claimed as aforesaid, such money shall become the property of the city; provided, that in case there is a contest between two or more persons claiming to be the owners of any such animals, the treasurer shall pay the residue to the party who shall establish by action his right to the same. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-74.]

6.05.670 Record of trespassing animals.

The poundmaster shall keep an accurate record of all trespassing animals received by him, which record shall contain all the items required by this article together with the names of the injured party and the owner of the animals, the amount of the damages claimed, and all other matters necessary to a complete account of the transaction. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-75.]

6.05.680 Retaking animal unlawfully.

It shall be unlawful for anyone to take any animal out of the possession of anyone lawfully holding the same under the provisions of this article, either by stealth, force, or fraud, or to intercept or hinder any person lawfully taking or attempting to take up such animals. [Ord. 9-16-97-2 § 2. Code 1997 § 13-3-76.]

Article X. Violation – Penalty

6.05.690 Minimum penalty.

Any violation of the regulations of this chapter shall be punishable as a class B misdemeanor. [Amended during 2011 recodification; Ord. 7-2-02-1 § 1. Code 1997 § 13-3-80.]

Article XI. Hobby License

6.05.700 Purpose.

It is the purpose of this article to create in Riverton City a hobby license which shall allow the licensee to maintain five dogs upon the licensed premises. This article and the requirements contained herein are predicated upon the belief that dog hobbyists can best regulate themselves and the terms and conditions of this article are designed to reflect that belief. [Ord. 15-14 § 1 (Exh. A § 42-1).]

6.05.710 Hobby license requirements.

A hobby license shall allow the licensee to keep no more than five dogs over one year of age in a residential area. Such licenses may keep, intact, one litter of pups up to six months of age and may thereafter keep one animal from the original litter up to age of 12 months. At no time shall the licensee keep more than five dogs over one year of age. Nevertheless, the following requirements shall be met by the licensee:

(1) Statement of Hobby Interest. The applicant for a hobby license shall complete a form provided by the city, which form shall require the notarized signature of the applicant and shall indicate that the applicant desires to maintain the said dogs for hobby purposes. Hobby purposes shall include, but not be limited to, the showing of dogs, training of dogs for field trials, the training of dogs for obedience, tracking and other such purposes, and the maintaining of dogs for recreation and supporting purposes.

(2) Outdoor Requirements.

(a) The applicant shall provide dog runs with shelter to protect the animals from foul weather, winds and excessive exposure to natural elements. Said runs shall also be designed to prevent the escape of any dog contained therein.

(b) All fencing shall be of sufficient strength to prevent the escape of or injury to any dog housed within such fencing.

(c) All fencing shall be maintained so that no part of such fence shall be broken, damaged or in any way create the possibility of injury to the enclosed animal or to allow the escape thereof.

(d) In addition to providing the fenced animal runs, the applicant shall be required to erect a substantial fence around that portion of the yard in which the animals are maintained.

(e) The animal runs located in the yard shall be positioned so as not to be a nuisance to any neighbor and shall be at least 40 feet from the nearest portion of any building, not owned by the licensee, which is used as a dwelling.

(3) Size of Dog Runs. The dog runs required by this article shall have as a minimum size the following:

(a) The dog run shall be no less than 32 square feet in size when the dog restrained therein is over 50 pounds in weight.

(b) The dog run shall be no less than 16 square feet when the dog restrained therein is less than 50 pounds in weight.

(c) If the applicant desires to construct dog runs which shall be “communal” in nature, said runs shall be proportionally larger for each additional dog therein.

(4) Bedding. The bedding contained in the dog runs shall meet the following requirements:

(a) The bedding shall be of a material which may be either disposed of by sanitary means or removed and cleaned.

(b) Newspapers or other similar material used to absorb moisture shall be removed and replaced daily and areas beneath them cleaned and disinfected daily. All newspapers or other material removed shall be disposed of in a manner acceptable to the Salt Lake City/County health department.

(c) The floors of a dog run, if constructed of concrete, shall provide for a resting board or some type of bedding for the animals restrained therein.

(d) If any bedding used is of a type that must be cleaned, the material shall be cleaned as often as necessary to maintain a healthy and sanitary condition.

(5) Cleaning of Dog Runs. All dog runs shall be cleaned and maintained in the following manner:

(a) All runs shall be cleaned and disinfected as needed each day to prevent fecal accumulation.

(b) Cleaning agents or chemicals that may be harmful to animal tissue shall not be used where there is a possibility of contact or ingestion of such agents or chemicals by an animal.

(c) Fecal material shall be properly handled and disposed of in accordance with applicable regulations of the Salt Lake City/County health department.

(d) When necessary, or under the direction of the Salt Lake City/County health department, the licensee shall use such chemicals and materials as may be necessary to control insects or other pests.

(e) Accumulations of waste material or garbage in and around any dog run shall be cleaned up and properly disposed of at least daily. The dog run itself shall be free of litter and the surrounding area shall be neat, clean and free of litter, trash or garbage.

(6) Feed. The feeding of the dogs shall be governed by the following requirements:

(a) The feed given to the animal shall be stored in a manner so as to prevent contamination from any source.

(b) Fresh water shall be available to the animal at all times.

(7) Noise Control. The licensee shall take such steps as may be necessary to assure that noise generated by the dogs owned and kept by the licensee shall not exceed those noise levels or limits as may be established by Riverton City noise control ordinance. The licensee shall be under the duty to enclose all dogs in a shelter between the hours of 9:00 p.m. and 7:00 a.m.

(8) Zoning Regulations. A hobby license shall not be granted to any applicant unless the application shall conform to all Riverton City zoning regulations. [Ord. 15-14 § 1 (Exh. A § 42-3).]

6.05.720 Fees and required vaccination.

(1) The license fee for a hobby license shall be according to the rates set by resolution of the Riverton City council.

(2) The licensee shall be required to provide proof, upon application for the hobby license and, if so requested, the hobby license review board, of a rabies vaccination for each dog kept and maintained under authority of any hobby license. [Ord. 19-03 § 1 (Exh. A); Ord. 15-14 § 1 (Exh. A § 42-4).]

6.05.730 Renewal of license and inspections.

(1) Any license issued pursuant to the provisions of this chapter shall automatically expire on December 31st immediately following the date of issue. Within two months prior to the expiration of the license, the licensee shall apply for renewal of the license and pay the required fee. Any application made after December 31st, except an application for a new license, shall be accompanied by a late application fee of $10.00 in addition to the regular license fee.

(2) The hobby license review board shall inspect each licensed premises at least twice each year. [Ord. 15-14 § 1 (Exh. A § 42-5).]

6.05.740 Exemptions.

Research facilities wherein bona fide medical or related research is being conducted, humane shelters, and other animal establishments operated by state or local governments or which are licensed by federal law are excluded from the licensing requirements of this chapter. [Ord. 15-14 § 1 (Exh. A § 42-6).]

6.05.750 Complaints and revocation of license.

All complaints received with regard to persons keeping and maintaining dogs under the provisions of this chapter shall be resolved as follows:

(1) The initial complaint shall be investigated by the hobby license review board.

(2) Upon completion of such investigation of the initial complaint, the hobby license review board shall submit to the licensee recommendations for removing the cause of the original complaint. The board shall include a time period in which such recommendations must be implemented.

(3) The hobby license review board shall then reinspect the premises to determine the causes of the complaint have been removed and if the recommendations of the board have been followed.

(4) Failure by the licensee to either remove the causes for the original complaint or to comply with the recommendations of the hobby license review board shall be considered grounds for revocation of the license issued under authority of this chapter.

(5) In the event that the causes of the complaint are not removed within the time specified by the board, a hearing for the revocation of the licenses granted hereunder shall be held before the mayor and/or such assistants as the mayor shall appoint. The hearing procedure shall provide for the following:

(a) A written notice served upon the licensee setting forth the causes upon which the revocation of the licenses is based.

(b) The opportunity for the licensee to appear at an open hearing and present evidence, appear in person or be represented by counsel and examine witnesses.

(c) Upon the presentation of the evidence by the licensee and the city, the mayor and/or such assistants as appointed for him by this purpose shall render a final decision as to the city’s recommendation that the license be revoked. [Ord. 15-14 § 1 (Exh. A § 42-7).]

6.05.760 Penalty.

Any violation of the provisions of this article shall be deemed an infraction. [Ord. 15-14 § 1 (Exh. A § 42-8).]