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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 5. Nuisance Animals

6-5-1. Repealed.

(Ord. 1996-03, 02-07-1996)

6-5-2. Repealed.

(Ord. 1996-03, 02-07-1996)

6-5-3. Nuisance animals.

Any owner or person having charge, care, custody, or control of an animal or animals causing a nuisance as defined below 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 damage to the property of anyone other than its owner;

(b) causes unreasonable fouling of the air by odors;

(c) causes unsanitary conditions in its enclosures or surroundings;

(d) creates a breeding place for flies or other insects;

(e) defecates on any public sidewalk, park strip, park, or building, or on any private property without the consent of the owner of such private property, unless the person owning, harboring, or having care, charge, custody, or control of such animal shall bag and remove immediately such defecation to a proper trash receptacle;

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

(g) unreasonably disturbs passersby or chases passing vehicles;

(h) attacks or bites a person or domesticated animal;

(i) engages in actions during any 12-month period resulting in 3 or more criminal convictions.

(2) Any animals which, by virtue of the number maintained, are determined by an officer or the Tooele City-County Health Department to be offensive or dangerous to the public health, welfare, and safety.

(Ord. 2017-07, 03-15-2017) (Ord. 2003-28, 12-17-2003) (Ord. 1996-03, 02-07-1996)

6-5-4. Repealed.

(Ord. 2003-28, 12-17-2003)

6-5-5. Repeated offenses.

An animal owner shall forfeit to the City all animals that, individually or collectively, gave rise to violations of Title 6 for which convictions entered on 3 or more separate occasions during a 12-month period against persons owning, harboring, or having charge, care, custody, or control of those animals. Upon the third conviction, the City Attorney may petition a court of competent jurisdiction to compel forfeiture. After the court enters the appropriate order, the Division shall impound all animals that gave rise to the convictions. Any animal impounded pursuant to this Section shall be dealt with in accordance with the provisions of this Title for impounded animals, except that the owner or the owner’s agent shall not be allowed to redeem the impounded animal or animals under any circumstances.

(Ord. 2017-07, 03-15-2017) (Ord. 2008-11, 11-05-2008) (Ord. 2003-28, 12-17-2003) (Ord. 1996-03, 02-07-1996) (Ord. 1981-14, 05-25-1981)

6-5-6. Penalties.

(1) Every person who violates any provision of Section 6-5-3 is guilty of a class C misdemeanor.

(2) Each and every day that a violation of Section 6-5-3 continues shall constitute a separate offense.

(Ord. 2017-07, 03-15-2017) (Ord. 2003, 12-17-2003) (Ord. 1996-03, 02-07-1996)

 

Click Here for a .pdf copy of Title6 Chapter5

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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