OCR Text |
Show ,kept by the person under -"such order. Any dog Impounded pursuant the order shall be dealt with in accordance with the . provisions of this chapter -for impounded animals .except that the person launder the order of revocation shall not be fallowed to redeem the l-'-'Aog under any : -circumstances. l Section 6-18. Bites: I-jduty to report. - 1. Any person having knowledge of any ; -individual or animal -having been bitten by an j-animal of a species 'subject to rabies shall '"report the incident r "immediately to the - Animal Control office or 'to the County Health "pepartment. jf 2. The owner of an - "animal that bites a person and any person bitten by an animal shall report the bite to the animal control office or the Health Department within twenty-four (24) hours of the bite, regardless of whether or not the biting animal is of a species subject to rabies. ' 3. A physician or other medical personnel who renders professional treatment to a person bitten by an animal shall report to the animal control office within twenty-four (24) hours of his first professional attendance the fact that he has rendered professional pro-fessional treatment to a bite victim. He shall report the name, sex and address of the person bitten as well as the type and location of the bite. If known, he shall give the name and address of the owner of the animal that inflicted the bite and any other facts that may assist animal control officers in ascertaining the immunization status of the animal. 4. Any person treating an animal bitten, injured or mauled by another animal shall report the incident to the Animal control office. The report shall contain the name and address of the fAWicr, . 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. Section 6-19. Control of rabies and rabid animals. 1. Rabies vaccination required for dogs and cats. The owner or person having the charge, care, custody or control of a dog or cat four months of age or over shall have said animal vaccinated within thirty (30) days after it reaches said age. Any person permitting any such animal to be on or remain, or be lodged or fed within such person's house, yard or premises shall be responsible for said vaccination. Unvaccinat-ed Unvaccinat-ed dogs or cats over four months of age which are acquired by the owner or . brought into the City .must be vaccinated 'within thirty (30) days of acquisition or of being moved into the City. ' Every dog shall be revaccinated every Itwenty-four (24) months .and every cat shall be revaccinated every '.twelve (12) months with a modified virus rabies vaccine approved by the :Utah County Health 'Department. This provision shall not apply 'to veterinarians or kennel operators 'temporarily maintaining on their premises . animals owned by others, provided said animals are not kept for more i than thirty (30) days. 2. Duties of veterinarian and tag requirements. It shall be "the duty of each veterinarian, when t vaccinating any animal i. for rabies, to complete a certificate of rabies ; vaccination (in duplicate) jwhich includes the following information: (a) Owner's name ;j and address; r (b) Description of 'animal (breed, sex, markings, age, name); , m (c) - Date of 'vaccination; , (d) Rabies LEGAL E30TIC vaccination tag number; (e) Type of rabies vaccine administered; (f) Manufacturer's serial number of vaccine. A copy of the certificate shall be distributed to the owner and the original retained by the issuing veterinarian. The veterinarian and the owner shall retain their copies of the certificate for the interval between vaccinations specified in this section. Additionally, a metal or durable plastic rabies vaccination vac-cination tag, serially numbered, shall be securely attached to the collar or harness of the animal. An animal not wearing such tag shall be deemed to be unvaccinated and may be impounded and dealt with pursuant to the provisions of this chapter. 3. Transient animal -exception. The provisions of this section with respect to vaccination shall not apply to any animal remaining within the City for less than thirty (30) days. Such animals shall be kept under strict supervision of the owner. It shall be unlawfull to bring any animal into the City which does not comply with all applicable animal health laws and import regulations. 4. Impoundment of animal without valid rabies vaccination tag. (a) Any vaccinated animal impounded because of lack of a rabies vaccination tag may be reclaimed by its owner by furnishing proof of rabies vaccination and payment of all impoundment fees prior to release. (b) Any unvaccinated animal may be reclaimed prior to disposal by payment of impound fees and by obtaining a rabies vaccination within seventy-two (72) hours of release. (c) Any dog not reclaimed pursuant to the requirements of this chapter shall be disposed of pursuant to the provisions of this chapter. 5. Reporting of rabid animals. Any person having knowledge of the whereabouts of an animal known ".- have been exposed or suspected of having rabies; or of an animal or person bitten by such a suspect animal, shall notify the animal control office, the City-County Health Department or-the or-the State Division of Health. 6. Quarantine and disposition of biting or rabid animals. (a) 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 above and shall immediately be confined in a secure place by the owner. The owner shall turn over the animal to the animal control office upon demand. (b) The owner of any animal of species subject to rabies which has bitten another animal or person shall immediately surrender the animal to an authorized official upon demand. Any person authorized to endorse the provisions of this chapter may enter upon private property to seize the animal. If the owner refuses to surrender the animal, the officer shall immediately obtain a search warrant authorizing seizure and impoundment of the animal. (c) Any animal of a species subject to rabies that bites a person or animal or is suspected of having rabies may be seized and quarantined for observation for a period of not less than ten (10) days ' by an animal control officer. The owner of the animal shall bear the cost of confinement. The animal shelter shall be the normal place for quarantine, but other arrangements, including confinement by the owner, may be made by the supervising officer of animal control if the animal had a current rabies vaccination at the time the bite was inflicted or if there are other special circumstances justifying an exception. A person who has custody of an animal under quarantine shall immediately notify the animal control office if the animal shows any signs of sickness or abnormal behavior, or if the animal escapes confinement. If shall be unlawful for any person who has custody of a quarantined animal to . fail or refuse to allow an animal control officer to make an inspection or examination during the period of quarantine. If the animal dies within ten (10) days from the date of the bite, the person having custody shall immediately notify the animal control office or immediately remove and deliver the head to the State Health Laboratory to be examined for rabies. If, at the end of the ten (10) day period, the supervising officer 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 this chapter. ' (d) Unvaccinated bitten animals. (1) In the case of an unvaccinated animal species subject to rabies which is known to have been bitten by a known rabid animal, said bitten or exposed animal shall be immediately destroyed unless the owner of said animal complies with the following subsection. (2) If the owner is unwilling to destroy the bitten or exposed animal, the animal shall be immediately isolated and quarantined for six (6) months under veterinary supervision, the cost of such confinement to be paid in advance by the owner. The animal shall be destroyed if the owner does not comply herewith. (e) Vaccinated bitten animals. (1) If the bitten or exposed animal has been vaccinated, the animal shall be revaccinated within twenty-four (24) hours and quarantined for a period of thirty (30) days following revaccination; or (2) If the animal is not revaccinated within twenty-four (24) hours, the animal shall be isolated and quarantined under veterinary supervision for six (6) months. (3) The animal shall be destroyed if the owner does not comply with items (1) and (2) of this subsection. (f) Removal of quarantined animal. It shall be unlawful for any person to remove any quarantined animal from the place of quarantine without written permission of the supervising officer of animal control. Section 6-20. Impounding: animals to be impounded. The animal control supervising officer 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 supervising officer and impounded without the filing of a complaint: 1. Any animal being kept or maintained contrary to the provisions of this chapter. 2. Any animal running at large contrary to the provisions of this chapter. 3. Any animal which is by this chapter required to be licensed and is not licensed. Any animal not wearing a tag shall be presumed to be unlicensed for purposes of this section, except those dogs specifically exempted. 4. Sick or injured animals whose owner cannot be located. LEG as. mm 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 this chapter. 9. Any animal which bites or attacks any person or other animal on two or more separate occasions within a twelve-month period. Section 6-21. Impounding: records to be kept. The Department of Public Safety shall keep the following records of any animal impounded by animal control officers: 1. Complete description of the animal, including tag numbers; 2. 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. Any fees received; 8. Any expenses accrued during impoundment. Section 6-22. Impounding: disposition of animals. Licensed animals shall be impounded for a minimum of five (5) calendar days before further disposition, except as otherwise provided herein. All unlicensed animals shall be impounded for a minimum of three (3) days before further disposition, except as otherwise provided herein. Reasonable effort shall be made to notify the owner of any animal wearing a license or other identification during that time. Notice shall be deemed given when isent . to the last ; kn'owft 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. The Department of Public Safety may make any one or more of the following dispositions of impounded animals: 1. 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 supervising officer shall direct. Any healthy dog or cat may be sold at public or private sale to anyone desiring to purchase such animal for a price to be determined by the supervising officer, plus license and rabies vaccination fees, if requried. 2. Any licensed animal impounded and having or suspected of having serious physical injury or contagious disease requiring medical attention, may, in the discretion of the animal control supervising officer, be released to the care of a veterinarian with the consent of the owner. 3. When, in the judgment of the animal control supervising officer, 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. Section 6-23. Impounding: redemption. The owner of any impounded animal or his authorized representative representa-tive may redeem such animal before disposition provided he pays: 1. The impound fee; 2. The daily board charge; 3. Veterinary costs incurred during the impound period, including rabies vaccination; and 4. License fee, if required. The amounts of impound and boarding fees shall be established by resolution of the City Council. No impound fee will be charged the reporting owners of suspected rabid animals if they comply with Section 6-10 herein. Section 6-24. Animal Shelter. 1. The City shall provide suitable premises and facilities to be used as an animal shelter where impounded small animals can be adequately kept. The City shall supply good and humane care for impounded animals. 2. The City shall provide for the painless and humane destruction of dogs and other animals required to be destroyed by this chapter or by the laws of the State of Utah. 3. The City may furnish, when necessary, medical treatment for such animals as may be impounded pursuant to this chapter. Section 6-25. Cruelty to animals prohibited. 1. 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, overdrive or otherwise cruelly set upon any animal. Each offense shall constitute a separate violation. 2. Hobbling animals. It is unlawful for any person to hobble livestock or other animals in such a way as to cause injury or damage to the animal. 3. Care and maintenance. It shall be the duty of any person to provide any animal in his charge' or-. eustody, as ; owner or otherwise, with " adequate food, drink, care and shelter. 4. 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, including but not limited to carrying or confining such animal without adequate ventilation or for an unusual length of time. 5. Abandonment of animals. It shall be unlawful for any person to abandon any animal within the City. 6. Destruction of old or sick animals. When it becomes necessary to destroy any domestic animal because of age, sickness, or other cause which renders the destruction of the animal necessary or desirable, it shall be the responsibility of the owner of said animal to humanely dispose of the animal. 7. Animal poisoning. Except as provided in this chapter, 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. The provision shall not be interpreted so as to prohibit the use of poisonous substances for the control of vermin in furtherance of the public health when applied in such a manner as to reasonably prohibit access to other animals. 8. Injury to animals by motorists. Every operator of a motor vehicle or self-propelled self-propelled vehicle upon the streets of the jurisdiction shall, immediately upon injuring, striking, maiming or running down any domestic animal, notify the animal control office, furnishing requested facts relative to such injury. 9. Animals kept for fighting. (a) It shall be LEGAL unlawful for any person, firm or corporation to raise, keep or use any animal, fowl or bird for the purpose of fighting or baiting; or 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; or for any person, firm or corporation to knowingly rent any building, shed, room, yard, ground or premises for any of the aforedescribed purposes, or to knowingly suffer or permit the use of his buildings, sheds, rooms, yards, grounds or premises for the such purpose. (b) Law enforcememt officers or animal control officers may enter any building or place where there is an exhibition of fighting or baiting of a live animal, or where preparations 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, along with all implements or applications used in such exhibition. This provision shall not be interpreted to authorize a search or arrest without a warrant when such is required by law. 10. 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. 11. Malicious impounding. It shall be unlawful for any person to maliciously secret or impound an animal belonging to another person. Section 6-26. Disposal of dead animals. It shall be unlawful for the owner of any animal or fowl that shall die or be killed within the limits of the City to fail to remove or bury the carcass of such animal within ten (10) hours: after its death, provided that no. horse, cow, ox or other large animal shall be buried within the closely inhabited portions of the City. It shall also be unlawful to dispose of the carcass or offal of any animal except as provided by City ordinance or regulation. Section 6-27. Sale of certain turtles prohibited. It shall be unlawful for any pet shop to raise or sell any Pseudemys Scripta-Elegans, or P. Troostii family Testudinidae ("Pet Turtles"). Section 6-28. Wild Animals. 1. It shall be unlawful for any person to sell, offer for sale, barter, give away, keep or purchase any . wild animal as defined in this chapter except to the animal shelter, a zoological park, veterinary hospital, humane society shelter, public laboratory, circus, sideshow, amusement show, or facility for education or scientific purposes which may keep such an animal if protective devices adequate to prevent such animal from escaping or injuring the public are provided. 2. It shall be unlawful for any person to keep an animal of a species prohibited or protected by any regulation or law of Utah County, the State of Utah or the United States. Section 6-29. Regulatory permits. 1. Commercial permits. It shall be unlawful for any person to operate or maintain a kennel, cattery, pet shop, groomery, riding stable, or any similar establishment unless such person first obtains a regulatory permit from the City of Orem, in addition to all other required licenses. All applications for permits to operate such establishments shall be submitted to the City of Orem on printed forms provided by the City. NOTICE Before the permit is issued, approval shall be granted by the appropriate zoning authority and the Department of Public Safety.; 2. Display of permit. A valid permit shall be posted in a conspicuous place in each establishment, and said permit shall be considered an appurtenant to the premises and not transferable to another location. The permittee shall notify the City within thirty (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 City immediately. Permits shall not be transferable from one owner to another. 3. Renewal of permit. Any permit issued pursuant to this section shall automatically expire one year following date of issue. Within two (2) 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 the expiration of the permit shall be accompanied by a late application fee in addition to the regular permit fee. 4. Permit fees. The amounts of all permit fees shall be established by resolution of the City Council. 5. 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. 6. Inspections. All ; establishments required ; to be. permitted : under this chapter shall be subject to periodic inspections by the City of Orem, and the inspector shall make a report of such inspection with a copy to be filed with the City. Section 6-30. Standards for permitted establishments. The City of Orem shall promulgate rules and regulations governing the operation of kennels, catteries, groomeries, pet shops, riding stables, and veterinary clinics or hospital. 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 City shall deem necessary. Following City Council approval, such rules and regulations shall have 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 City. Section 6-31. 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; or (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; or (c) Conviction on a charge of cruelty to animals. 2. Procedure. If an inspection of kennels, Orem-Geneva Times- catteries, groomeries, circulation in the City of pet shops, riding stables, Orem, Utah. veterinary clinics or III. All other hospitals reveals a resolutions, ordinances, violation of this chapter, and policies In conflict the inspector shall notify herewith, either in whole the permit holder or or in part, are hereby operator of such violation repealed, by means of an inspection APPROVED and report form or other PASSED this 2nd day of written notice. The March, 1982. notification shall: CITY OF OREM, by (a) Set forth the DeLance W. Squire, specific violation(s) Mayor found; ATTEST: (b) Establish a Phillip C. Goodrich, City specific and reasonable Recorder period of time for- the correction of the COUNCILMEMBERS . violations(s) found; VOTING "AYE" (c) State that failure Harley M. Gillman' to comply with any notice Richard Jackson issued in accordance with DeLance W. Squire the provisions of this " Stella Welsh chapter may result in S. Blaine Willes immediate suspension of Glen R. Zimmerman the permit; COUNCILMEMBERS (d) State that an VOTING "NAY" opportunity for appeal None from any notice or Published in Orem-' inspection findings will Geneva Times, March 11, be provided if a written 1982. request for a hearing is filed with the City of Orem within five (5) days of the date of the notice. LEGAL lIOTIlC 3. Revocation or RES0LUTI0N NO. 331-82 suspension. Any permit granted under this A RESOLUTION chapter may be ESTABLISHING FEES suspended or revoked by FOR ANIMAL PERMITS, the City Council for LICENSES AND violations listed in this IMPOUNDS section. A minimum of WHEREAS the five (5) days notice shall animal control laws of be given to the permittee the City of Orem require advising him of the date that the City Council and time for such establish by resolution hearing, and listing the the amount for all animal cause or causes for such permits, licenses, and suspension or revocation, impound fees ; and No new permit shall be WHEREAS the City issued to any person Council and staff of the whose permit has been City have recommended previously revoked the amounts to charge for except upon application such animal permits, for a new permit, licenses, and impound accompanied by the fees; and required application fee, WHEREAS the City and unless and until all Council now desires to requirements of this adopt the amounts so chapter have been met. recommended. 4. Notice provided for BE IT RESOLVED under this section shall BY THE CITY COUNCIL be deemed to have been OF THE CITY OF OREM, properly served when the UTAH, as follows: original of the inspection 1. Dog Licenses, report or other notice has The fees charged for been delivered the licensing of dogs personally to the permit pursuant to Sec. 6-6 of the holder or . person in Orem City Code shall be: charge, or such : notice : , Neutered and spayed has been sent by certified dogs. . $1.00 mail to the last known All other dogs... $5.00 address of the permit Late fee (in addition holder. A copy of such to the regular fee). . $2.50 notice shall be filed with 2. Animal Impound the records of the City of Fees Orem. The fees charged for Section 6-32. the impounding of Procedure for court animals pursuant to Sec. order. Unless modified 6-23 of the Orem City by the court, court Code shall be: orders obtained under (a) Impound fee for this chapter shall be filed dogs, cats, and other according to the small animals following minimum First confinement notice and procedure: $10.00 1. The animal control . Second and subse-supervising subse-supervising officer or his Quent confinement. $20.00 authorized representa- (b) Board for dogs, tive shall petition the cats and other small court for the desired animals action. Per calendar day of 2. The petition for the confinement. ....... $2.00 action together with (c) Impound fee for supporting affidavits horses, cows, sheep, shall be served on the goats, pigs and other party against whom the large animals action is taken at least First confinement five (5) days prior to the $25.00 hearing. Second and subse- Section 6-33. quent confinement. $30.00 Violation. Any person (d) Board for horses, violating the provisions cows, sheep, goats, pigs of this chapter, either by and other large animals failing to do those acts Per calendar day of required herein or by confinement $5.00 doing any act prohibited 3. Animal Permit Fees herein, shall be subject to fees charged for a fine in an amount not to animal permits exceed $299.00 or pursuant to Sec. 6-29 of imprisoned for a period toe Orem City Code shall not to exceed six months, 'be: or by both such fine and (a) Kennels, imprisonment. Each day catteries, groomeries, such violation is Pet shops, veterinary committed or permitted clinics or hospitals: to continue shall Class A, 3-15 animals constitute a separate $30.00 offense and shall be Class B, 16-30 punishable as such. animals $40.00 Section 6-34. Class C, 30 or more Severability. If any animals $50.00 provision, clause, (b) Riding stables$30.00 sentence or paragraph of (c) Late fee.... $25.00 this chapter or the 4. This resolution application thereof to any shall take effect person or circumstance immediately upon passage shall be held to be and publication in a invalid, such invalidity newspaper of general shall not affect the other circulation in the City of provisions or Orem,Utah. applications of this All other chapter which can be resolutions, ordinances, given effect independent and policies in conflict from the invalid herewith, either in whole provision or application, or In part, are hereby and to this end the repealed, provisions of this chapter PASSED and are hereby declared to be APPROVED this 2nd day severable. of March, 1982. II. This ordinance CITY OF OREM, by shall take effect DeLance W. Squire immediately upon Mayor passage and publication ATTEST: in a newspaper of general CONTINUED ON NEXT PAGE -Marchll. 1982 |