ORDINANCE NO. _2010-006_
Elwood Town DOG ORDINANCE
An ORDINANCE Amending Ordinance 2008-002 Which Ordinance Establishes and Regulates Dog Control with in the Town.
WHEREAS, the Elwood Town Council has and does hereby find, for the protection of the public health, safety, and welfare of residents, that owners of dogs within the Town must be required to license their dogs, immunize their dogs against rabies, and control their dogs.
WHEREAS the Town Council deems it prudent to combine and replace all previous Town dog ordinances with one ordinance for the ease of administration.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ELWOOD TOWN, UTAH as follows:
Section 1. Office of Animal Control Officer Created.
The position of Animal Control Officer is hereby created.
Section 2. Duties of Animal Control Officer
The duties of the Animal Control Officer shall be to carry out and enforce the provisions of this ordinance and any other applicable regulations.
Section 3. Interference with Officer Prohibited.
It shall be unlawful for any person to interfere, molest, hinder or obstruct the Animal Control Officer or any of his authorized representatives in the discharge of their duties as herein prescribed.
Section 4. Definitions
At Large means any dog off or away from the premises of the owner, possessor or keeper thereof, and not under the control of the owner or his agent, chain, cords, or leash. Dog means any canis familiaris.
Vicious Dog means:
a) Any dog which, in a vicious or terrorizing manner, approaches any person or domestic animal in apparent attitude of attack;
b) Any dog with a known propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or animals; or
c) Any dog which bites, inflicts injury, assaults or otherwise attacks a human being or domestic animal on public or private property.
Section 5. Dog License Required
It shall be unlawful for any person to own or keep any dog six or more months old within the corporate limits of Elwood Town without a current dog license issued by the Town of Elwood attached to or worn on a collar by such dog. Application for such dog license shall be made to the Animal Control Officer or such other person as the Town Council may authorize to receive such applications. The application shall list the name of the owner and applicant, the breed, sex, color, and other description of the dog. All licenses issued shall terminate on the last day of April the year following issuance regardless of the date when issued. Licenses may be in the form of tags, metal or plastic, suitable for attachment to the collar or other devise to be worn by the dog.
The owner of any newly acquired dog of licensing age or of any dog which attains licensing age after the last day of April of any year shall make an application for registration and license within 30 days after such acquisition or dogs attain the above stated age.
Section 6. License Fees
The Animal Control Office or other authorized person shall issue dog licenses upon application and payment of the appropriate fees. The license fee for any dog which remains unlicensed for fifteen days after the owner or keeper of the dog receives written notice to license the same shall be twice the amount of the fee set forth in the fee schedule. The schedule of fees pertaining to this ordinance shall be set by the City Council and may be revised from time to time.
Section 7. Rabies Control
Every dog shall have a rabies shot every two years, and proof of a current rabies shot as required herein must be presented at the time of application for a dog license for every dog older than six months of age. No license will be issued without such proof, except for dogs under six months of age.
Whenever the owner or person having custody or possession of any dog shall have reason to believe that such dog has rabies, or has shown symptoms of rabies, such owner or person shall immediately notify the Animal Control Officer, who shall cause to have an inspection or examination of such animal performed. The owner or person having custody shall immediately confine such animal until the inspection or examination is made by the Animal Control Officer.
Section 8. Radid dogs
If it shall appear to the Animal Control Officer, upon examination or inspection, that a dog has Rabies, it shall be the duty of such officer to have that dog quarantined for the period of time necessary to determine whether or not the animal has Rabies. If, at the time of the quarantine period the animal is still reasonably suspected of having Rabies, the Animal Control Officer shall have the dog humanely destroyed by an authorized agent of the contracted animal shelter.
Section 9. Dogs Running At Large
It shall be unlawful for the owner or keeper of any dog to permit such dog to run at large. It shall be unlawful for the owner or keeper of a dog to permit such dog to go upon public property or be upon the private property of any person without the permission of the owner or person entitled to the possession of such private property. Running at large shall be deemed a violation regardless of the precautions taken to prevent the escape of the dog and to prohibit it from running at large.
a) All dogs, whether licensed or not, found running at large within the corporate limits of Elwood Town shall be taken up and impounded for a period of not exceed seventy-two (72) hours as set out in the chapter. Any dogs so impounded and not claimed by its owner or keeper within seventy-two hours or such additional time as may be determined reasonable by the Animal Control Officer, shall be delivered to the contracted animal shelter.
b) The owner or keeper of any dog so impounded may reclaim the dog within the period of impoundment by paying all impoundment fees at the contracted animal shelter plus any Elwood Town impoundment fees as set in the fee schedule.
c) IF any dog impounded as herein provided was not licensed, it shall be licensed according to licensing regulations in effect.
d) If there shall be attached to such dog a tag for the current calendar year, the Animal Control Officer shall notify the person to whom such license was issued, at the address given to such license.
e) All Impounded dogs not redeemed by the owner or keeper within seventy-two (72) hours or such additional time as may be determined reasonable by the Animal Control Officer may be sold for the best price obtainable, at either public or private sale, or otherwise humanely disposed of at the contracted animal shelter.
f) 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 Officer. If the finder desires to keep the lost or strayed dog, the finder shall make every effort to locate the owner. If no owner is located within thirty days the finder shall have the dog vaccinated and licensed with the Animal Control Officer or authorized agent as long as said dog complies with section 14 of this ordinance.
Section 10. Licensed Dogs
Its shall be unlawful for any person to kill or cause to be killed any registered or licensed dog except as provided by law or as herein otherwise provided, or deprive a registered or licensed dog license, or to put a dog license on any dog not registered or licensed.
Section 11. Barking or Howling Dogs
It shall be unlawful for any person to own, keep or harbor within the limits of the Town any dog or dogs which by barking, howling or yelping disturb the peace and quite of any neighborhood or person.
Section 12. Vicious Dogs, Control
It shall be unlawful for any owner or keeper to allow any vicious dog to be outside of the dwelling of the owner or keeper or outside of the enclosure, unless the vicious dog shall be securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length, and shall be under the direct control of a person capable of completely restraining the dog and under the direct supervision of the owner or keeper of the vicious dog.
Section 13. Vicious Dogs, Enclosed
All vicious dogs shall be confined in a locked enclosed. It shall be unlawful for any owner or keeper to maintain a vicious dog upon any premises which does not have a locked enclosure.
“Enclosure” means a fence or structure at least six feet in height, forming or causing an enclosure suitable to confine a vicious dog in conjunction with other measure which may be taken by the owner or keeper, such as tethering of the vicious dog.
Section 14. Limit on Number of Dogs per Household
There is no limit on the number of dogs per household; Kennels are allowed per Zoning Ordinances in Elwood Town.
Section 15. Penalty
Any person violating or causing the violation of this ordinance shall be guilty of a misdemeanor and punished upon conviction by fine, community service, and/or imprisonment.
Section 16. Adoption of ordinance.
The Town Council of Elwood Town finds it in the best interests of peace, health and safety of the inhabitants of Elwood Town that this ordinance take effect as soon as lawfully possible. This ordinance, therefore, shall take effect immediately after its passage and posting. The Town Recorder is directed forthwith to post true and correct copies of this ordinance in three public places within the corporate limits of Elwood Town.
PASSED AND ADOPTED BY THE CITY COUNCIL OF ELWOOD TOWN, STATE OF UTAH, ON THIS ___29_____ DAY OF _June_ __, 2010.
Gina Marble, City Recorder