As used in this chapter, the following terms shall mean:
ANIMAL: | Any live, vertebrate creature, domestic or wild, except livestock. |
ANIMAL CONTROL OFFICER: | A person or persons designated by Huntington City to enforce the provisions of this chapter, including the collection of licensing and permit fees and the performance of other delineated duties. |
ANIMAL SHELTER: | Any facility operated by a humane society, or municipal agency, or its authorized agents for the purpose of impounding animals held under the authority of this chapter or state law. |
AUCTION: | Any place or facility where animals are regularly bought or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners. |
CIRCUS: | A commercial variety show featuring animal acts for public entertainment. |
CITY: | Cities or towns in Emery County that have entered into an agreement with Emery County for the purpose of animal control. |
COMMERCIAL ANIMAL ESTABLISHMENT: | Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition or kennel. |
COUNTY: | All unincorporated areas of Emery County. |
EUTHANASIA/HUMANE KILLING: | Killing by an instantaneous and/or painless method. |
EXCESSIVE NOISE/NUISANCE BARKING: | Noise which is unreasonably annoying, disturbing, offensive, or which unreasonably interferes with the comfortable enjoyment of life or property of one (1) or more person's occupying property in the community or neighborhood, within reasonable proximity to the property where the dog or dogs are kept. Factors that the animal control officer may use to determine whether the excessive noise/nuisance barking is excessive may include, but are not limited to the following: |
A. The nature, frequency and volume of the noise, tone and repetitiveness. Continuously barking for ten (10) minutes or intermittently for thirty (30) minutes in a three (3) hour period. | |
B. The time of day or night. | |
C. The distance from the complaining or affected party or parties. | |
D. The number of neighbors affected by or complaining about the noise. | |
E. Any other relevant evidence demonstrating the barking is unduly disruptive; and whether the dog is being provoked. | |
GROOMING SHOP: | A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed. |
INTERFERENCE WITH AN OFFICER: | Preventing or attempting to prevent an officer from performing his/her duties as described in Huntington City Code in a physical or verbal manner. |
KENNEL: | Any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs, or any premises used in the keeping of four (4) or more dogs over six (6) months old. |
KENNEL LICENSE: | A kennel license will be required for any premises used in the keeping of four (4) or more dogs over six (6) months old and any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire, training for a fee, or selling dogs. Kennel license fees will be established by resolution of the city council. |
LICENSING AUTHORITIES: | Huntington City, by and through its clerks and/or animal control officer. |
LIVESTOCK: | Cows, horses, pigs, sheep and any other animal commonly kept for its meat, hide, milk, eggs, hair or fur, or for riding purposes, not including dogs, cats or animals commonly used as pets. |
OWNER: | Any person, partnership, or corporation owning, keeping or harboring one or more animals, or any said person, partnership or corporation who allows another person, partnership or corporation to keep or harbor one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more. |
PERFORMING ANIMAL EXHIBITION: | Any spectacle, display, act or event other than circuses, in which performing animals are used. |
PET: | Any animal kept for pleasure rather than utility. |
PET SHOP: | Any person, partnership or corporation, whether operating separately or in connection with another business enterprise, except for a licensed kennel, that buys, sells or boards any species of animal other than livestock or farm animals. |
PUBLIC NUISANCE OR NUISANCE ANIMALS: | Any animal or animals which: |
A. Molests passersby or passing vehicles by chasing, biting, growling, jumping on, bumping, attacking or threatening to attack the same; provided, however, that mere barking from a distance of ten feet (10') or greater shall not be considered molesting. | |
B. Attacks other animals. | |
C. Trespasses on school grounds. | |
D. Is found at large more than once in a six (6) month period (other than cats). | |
E. Damages private or public property (including scattering garbage from garbage cans and depositing excreta on such property). | |
F. Barks, whines or howls excessively or continuously as reported by two (2) or more witnesses; or as is set forth in section 5-6-2 (E) of this code. | |
G. Animals shall not be allowed in city parks or any city event; with the exception of "service animals" as defined by section 62A-5b-102, Utah Code and as defined in U.S.C. 12102 of the Americans with Disabilities Act of 1990. | |
H. It shall be unlawful for any person to permit any dog or dogs under his or her charge, care, custody or control to emit any excessive noise or excessive barking after the animal control officer has issued a written notice. | |
RESTRAINT: | Any animal secured by a leash or lead, or under the control of a responsible person and obedient to that person's commands, or within the real property limits of its owner. |
RIDING SCHOOL OR STABLE: | Any place which has available for hire, boarding and/or riding instruction, any horse, pony, donkey, mule or burro. |
SERVICE ANIMAL: | As defined in section 62A-5b-102, Utah Code and as defined in U.S.C. 12102 of the Americans with Disabilities Act of 1990. "Service animal" includes any dog that: |
A. Is trained, or is in training, to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual, or other mental disability. | |
B. Performs work or tasks, or is in training to perform work or tasks, that are directly related to the individual's disability, including: 1. Assisting an individual who is blind or has low vision with navigation or other tasks. 2. Alerting an individual who is deaf or hard of hearing to the presence of people or sounds. | |
C. "Service animal" does not include: 1. An animal other than a dog, whether wild or domestic, trained or untrained; or 2. An animal used solely to provide: a. A crime deterrent; b. Emotional support; c. Well-being; d. Comfort or companionship. | |
VETERINARY HOSPITAL: | Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of diseases and injuries of animals. |
VICIOUS ANIMAL: | Any animal that growls, bites, lunges, attacks, takes a defensive stance, or attempts to do the same to any person or other animal. |
WILD ANIMAL: | Any live monkey (nonhuman primate), raccoon, skunk, fox, poisonous snake, leopard, panther, tiger, lion, lynx, or any other animal which can normally be found in the wild state. |
ZOOLOGICAL PARK: | Any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of non-domesticated animals operated by a person, partnership, corporation government agency. |
(Ord. 4-2011; amd. 2007 Code; Ord. 8-1A, 7-9-1980; Ord. 4-2021, 9-15-2021)