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8.01.010. Definitions

            The terms used in this Title shall have the respective meanings set forth in this Chapter.

            (1)        "Animal" shall mean any and all types of livestock, dogs and cats, and all other subhuman creatures, both domestic and wild, male and female, singular and plural.

            (2)        "Animal boarding establishment" shall mean any establishment that takes in animals and boards them for profit.

            (3)        "Animal Control Agent" shall mean all persons designated as Animal Control Officers by the Animal Control Department and all peace officers certified by the state of Utah.

            (4)        "Animal Control Director" shall mean the person appointed for the purpose of supervising the operation of the Animal Control Department.

            (5)        "Animal grooming parlor" shall mean any establishment maintained for the purpose of offering cosmetological services for animals for profit.

            (6)        "Animal shelter" shall mean any facility owned and operated by a governmental entity or any animal welfare organization which is incorporated within the state of Utah for the purpose of preventing cruelty to animals and used for the care and custody of seized, stray, homeless, quarantined, abandoned, or unwanted dogs, cats, or other small domestic animals.

            (7)        "Animals at large" means that an animal shall be considered to be "at large" when it is off the owner's property and not under immediate control by means of a durable restraint device, capable of keeping the animal restrained.

            (8)        "Bite" shall mean any actual puncture, tear, abrasion of the skin, or impairment of physical condition, inflicted by the teeth of an animal.

            (9)        "Cat" shall mean any age feline of the domesticated types.

            (10)      "Cattery" shall mean an establishment for boarding, breeding, buying, grooming, or selling cats for profit.

            (11)      "City" shall mean Layton City, Utah.

            (12)      "Community cat" means a feral or free-roaming cat that is without visibly discernable or microchip owner identification of any kind, and has been sterilized, vaccinated, and ear-tipped.

            (13)      "Community cat caretaker" means any person, assigned by Davis County, other than an owner, who provides food, water, or shelter to a community cat or community cat colony.

            (14)      "Community cat colony" means a group of cats that congregate together.  Although not every cat in a colony may be a community cat, any cats owned by individuals that congregate with a colony are considered part of it.

            (15)      "Community cat program" means a program pursuant to which feral cats are sterilized, vaccinated against rabies, ear-tipped, and returned to the location where they congregate.

            (16)      "Dangerous Animal" shall mean any animal that, according to the records of the Davis County Animal Control Department, or County agency, or City officer or employee:

                        (a)        Has inflicted substantial bodily injury on a human being with or without provocation on public or private property;

                        (b)        Has killed a domestic animal with or without provocation while off the owner's property;

                        (c)        Has previously been found to be "Potentially Dangerous", the owner having received notice of such, and it is witnessed and documented that the animal aggressively bites, attacks, or endangers the safety of humans or domestic animals; or

                        (d)        The animal is found to be in violation of any of the restrictions placed upon the animal by the Animal Control Department or by the City, pertaining to a potentially dangerous animal, as designated in this ordinance.

            (17)      "Dog" shall mean any Canis Familiaris over four (4) months of age.  Any Canis Familiaris under the age of four (4) months is a puppy.

            (18)      "Domesticated animals" shall mean animals accustomed to living in or about the habitation of man, including but not limited to, cats, dogs, fowls, horses, swine, goats, sheep, mules, donkeys, and cattle.

            (19)      "Ear-tipping" means removing approximately a quarter-inch off the tip of a cat's left ear while the cat is anesthetized for sterilization.

            (20)      "Feral" means an animal that is normally domesticated but has reverted to the wild.

            (21)      "Fowl" shall have its commonly accepted meaning.

            (22)      "Guard dog" shall mean a working dog which must be kept in a fenced run or other suitable enclosure during business hours, or on a leash or under absolute control while working, so that it cannot come into contact with the public.

            (23)      "Kennel" shall mean land or buildings used in the keeping of three (3) or more dogs, four (4) months or older.

            (24)      "Livestock" shall mean any normally domesticated animal that is not a cat or dog, such as; cattle, sheep, goats, mules, burros, swine, horses, geese, ducks, turkeys, etc.

            (25)      "Pet" shall mean a domesticated animal kept for pleasure rather than utility, including but not limited to, birds, cats, dogs, fish, hamsters, mice, and other animals associated with man's environment.

            (26)      "Pet shop" shall mean any establishment containing cages or exhibition pens, not part of the kennel or cattery, wherein dogs, cats, birds, or other pets for sale are kept or displayed.

            (27)      "Potentially dangerous animal" shall mean any animal that with or without provocation chases or approaches a person upon the streets, sidewalks, or any public grounds in a threatening or menacing fashion, or apparent attitude of attack, or any animal with a known propensity, tendency, or disposition to attack with or without provocation.  In addition a potentially dangerous animal is any animal that because of witnessed and documented action is believed capable of causing injury, or otherwise posing a threat to the safety of humans or domestic animals.

            (28)      "Quarantine" shall mean the isolation of an animal in a substantial enclosure so that the animal is not subject to contact with other animals or unauthorized persons.

            (29)      "Restraint device" shall mean any chain, leash, cord, rope, or other device commonly used to restrain an animal.

            (30)      "Riding school or stable" shall mean an establishment, which offers boarding and/or riding instruction of any horse, pony, donkey, mule, or burro or which offers such animals for hire.

            (31)      "Serious bodily injury" shall mean bodily injury that creates or causes serious permanent disfigurement, protracted loss or impairment of the function of any bodily member or organ, or creates a substantial risk of death.

            (32)      "Substantial bodily injury" shall mean bodily injury, not amounting to serious bodily injury, that creates or causes protracted physical pain, temporary disfigurement, or temporary loss or impairment of the function of any bodily member or organ.

            (33)      "Vicious animal" shall mean any animal, which has:

                        (a)        Inflicted serious bodily injury on a human being with or without provocation on public or private property;

                        (b)        Has killed a domestic animal with or without provocation while off the owner's property; or

                        (c)        Has been previously found to be dangerous, the owner having received notice of such and the animal again bites, attacks, or endangers the safety of humans or domestic animals, or it is witnessed and documented that the animal is in violation of restrictions placed upon it as a potentially dangerous or dangerous animal pursuant to Sections 8.04.050 and 8.04.060 of this ordinance.

            (34)      "Wild animal" shall mean any animal which is not commonly domesticated, or which is of a wild or predatory nature, or any animal which, because of its size, growth propensity, vicious nature, or other characteristics, would constitute an unreasonable danger to human life, health, or property if not kept, maintained, or confined in a safe and secure manner.  Those animals, however domesticated, shall include but are not limited to:

                        (a)        Alligators, crocodiles, Caiman;

                        (b)        Bears (ursidae):  All bears including grizzly bears, brown bears, and black bears;

                        (c)        Cat family (felidae):  All except the commonly accepted domesticated cats; including cheetahs, cougars, leopards, lions, lynx, panthers, mountain lions, tigers, and wildcats;

                        (d)        Dog family (canidae):  All, except domesticated dogs, and including wolf, fox, coyote, and wild dingo.  Any dog cross bred with a wild animal as described above shall be considered to be a wild animal;

                        (e)        Porcupine;

                        (f)        Primates (All subhuman primates);

                        (g)        Raccoon (All varieties);

                        (h)        Skunks;

                        (i)         Venomous snakes or lizards; and

                        (j)         Weasels (All, weasels, martins, wolverines, ferrets, badgers, otters, ermine, mink, and mongoose, except that the possession of mink shall not be prohibited when raised commercially for their pelts, in or upon a properly constructed legally operated ranch.)

Ord. No.97-35, Recodified, 6/19/1997
Ord. No. 98-12, Enacted, 2/5/1998
Ord. No. 14-19, Amended, 9/18/2014

Municipal Code (PDF Format)

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