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City Attorney

Roger Baker
Tooele City Attorney

90 North Main Street
Tooele, UT 84074

Phone: 435.843.2120
Fax: 435.843.2129

Title 6. Chapter 1. Animal Control Division; Powers and Authority

6-1-1. Division of Animal Control.

There shall be a Division of Animal Control as a Division within the Tooele City Police Department.

(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-03)(Ord. 1981-14, 05-25-1981)

6-1-2. Powers of Division personnel.

(1) The Division commander and all Division and Department officers shall take the oath of office and shall be vested with the power and authority to enforce the provisions of this Title.

(2) Division and Department officers are hereby authorized and empowered to apprehend, transport, and impound any animal found in violation of this Title, including licensable animals for which no license has been procured in accordance with this Title, and any licensed or unlicensed animals for any other violations of this Title.

(3) Division and Department officers shall have the power to enter into any building or upon any property within the city when they have probable cause to believe that there exits in any building and/or upon any property any violation of the provisions of this Title or other applicable law, provided that:

(a) If such building and/or property is presently occupied, enforcement personnel shall first present proper credentials to the occupant and request entry, explaining the reasons therefor; and if such building and/or property is unoccupied, enforcement personnel shall first make a reasonable effort to locate the owner thereof or other persons having authority over the building and/or property and request entry, explaining the reasons therefor. If entry into said building or upon said property be refused or the owner of the property or building cannot be located, an officer shall obtain a warrant for the entry and inspection of said building and/or said property.

(b) Notwithstanding the provisions of Subsection (a), if an officer has probable cause to believe that a violation of this Title has occurred and that exigent circumstances exist such that it reasonably appears that a person or animal may be in peril of death or bodily injury,

the officer shall have the power to immediately enter and inspect such building and/or property and may use any reasonable means required to effect such entry and make such inspection, whether such building and/or property is occupied or unoccupied, and whether or not permission to inspect has been obtained. If the building and/or property is occupied, the officer shall present proper credentials to

the occupant and explain the reasons for the entry. Additionally, the provisions of Subsection (a) shall not prohibit the an officer from entering upon unenclosed private property while pursuing an animal in violation of this Title.

(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-03) (Ord. 1981-14, 05-25-1981)

6-1-3. Duties of Division personnel.

(1) The Division commander will:

(a) Enforce this Title and perform other responsibilities pursuant thereto.

(b) Supervise Division personnel, including the operation of the animal shelter.

(c) Keep adequate records of all animals impounded and all monies collected.

(d) See that all animals and animal holding facilities in the Division’s jurisdiction are licensed, controlled, and permitted in accordance with any applicable laws and regulations.

(e) Establish, in cooperation with the Tooele City-County Health Department and other interested governmental agencies, adequate measures for rabies immunization and control.

(2) Each officer shall:

(a) Enforce this Title in all respects pertaining to animal control within Tooele City, including the care and impounding of animals and prevention of cruelty to animals.

(b) Carry out all duties prescribed or delegated by the commander.

(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-03) (Ord. 1981-14, 05-25-1981)

6-1-4. Interference with officer prohibited.

Any person who intentionally or recklessly interferes with any officer in the lawful discharge of the officer’s duties as set forth in Title 6 shall be guilty of a class B misdemeanor.

(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-03) (Ord. 1981-14, 05-25-1981)

 

Click Here for a .pdf copy of Title6 Chapter1

Please Note:  Every attempt has been made to keep this online Tooele City Code up-to-date; however, there may be discrepancies between this online code and that which is actually adopted.  If you have questions about the Tooele City Code or for the most recent update, please call (435) 843-2120 or email attorney@tooelecity.org.

 

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