MOTION SHEET. City Council Members. FROM: Jan Aramaki Policy Analyst. DATE: February 17, 2015

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1 MOTION SHEET CITY COUNCIL of SALT LAKE CITY TO: City Council Members FROM: Jan Aramaki Policy Analyst DATE: February 17, 2015 RE: MOTION SHEET Animal Control infractions, citations, and penalties received for animal offenses ordinance amendments Council Sponsor: Council Member Stan Penfold MOTION 1 I move that the Council adopt an ordinance amending Sections , and of the Salt Lake City Code while also amending Chapter 8.15 of the Salt Lake City Code in order to modify the City s Animal Control procedures and enforcement processes. CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX , SALT LAKE CITY, UTAH TEL FAX LUKE GARROTT DISTRICT 4 COUNCIL CHAIR JAMES ROGERS DISTRICT 1 COUNCIL VICE CHAIR KYLE LAMALFA DISTRICT 2 STAN PENFOLD DISTRICT 3 ERIN MENDENHALL DISTRICT 5 CHARLIE LUKE DISTRICT 6 LISA R. ADAMS DISTRICT 7

2 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO: City Council Members FROM: Jan Aramaki Policy Analyst DATE: February 19, 2015 at 1:24 PM PROJECT TIMELINE: Written Briefing: 12/09/14 Work Session: 02/03/15 Potential Action: 02/247/15 RE: Animal Control infractions, citations, and penalties received for animal offenses ordinance amendments Council Sponsor: Council Member Stan Penfold View the packet material from the May 20, 2014 Council meeting. Proposed ordinance amendment for the Council s consideration ISSUE AT-A-GLANCE Some of Council Member Penfold s constituents have expressed their concerns with amendments to Animal Control regulations that the City Council adopted on May 20, The amendments eliminated the civil penalties that existed for some violations, which resulted in all violations being punishable as misdemeanors unless the violation is addressed through a warning or a stipulated notice of violation agreement. However, those amendments created an unforeseen significant policy shift regarding enforcement. SLCO Animal Services enforcement has focused on issuing misdemeanor citations rather than notices of violation this has resulted in significant penalties that in some instances appear to be disproportionate to the violations. Currently, enforcement options for violations include either: 1. issuing a warning, 2. issuing a criminal citation, or 3. resolving the violation by issuing a notice of violation AND a voluntarily contractual stipulation. The contractual stipulation outlines penalties and conditions that correspond to a written policy prepared by Animal Services. The City Attorney s office drafted a proposed ordinance change that reincorporates the previous civil penalty structure and provides additional options for enforcement. In addition, Pioneer and Cottonwood Parks have CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX , SALT LAKE CITY, UTAH COUNCIL.SLCGOV.COM TEL FAX LUKE GARROTT DISTRICT 4 COUNCIL CHAIR JAMES ROGERS DISTRICT 1 COUNCIL VICE CHAIR KYLE LAMALFA DISTRICT 2 STAN PENFOLD DISTRICT 3 ERIN MENDENHALL DISTRICT 5 CHARLIE LUKE DISTRICT 6 LISA ADAMS DISTRICT 7

3 both completed the process and met evaluation guidelines currently used for off-leash designation; but have not yet been included in City code. Therefore, these two parks have been added as part of the draft ordinance. Goal of the briefing: The purpose of this briefing is for the Council to make a policy decision on whether it is in the best interest of residents to (1) reincorporate aspects of the prior ordinance that provide for the use of civil penalties, or (2) to proceed with the Code as currently in place, which uses criminal misdemeanor citations to address violations. The Council may wish to take a straw poll to direct staff. NEW INFORMATION On February 3, 2015 the City Council held a discussion on this topic. The Council supported changing the ordinance language that would provide SLCO Animal Services more discretion to either reduce or waive a penalty in situations when dog owners comply (such as licensing one s dog) or to issue a criminal citation when a situation warrants a stricter penalty without following the tier process noted below. Since this ordinance amendment is reincorporating the previous civil penalty structure that was in place prior to May 20, 2014, the Council agreed no public hearing was needed. However, when the Council holds their dog offleash policy discussion, the public will be asked to engage on the topic at that time. Section (B) Code Violation Penalties:. Service And Violation Penalties For Pets: Where indicated, penalties for second, third, and subsequent violations are for those occurring within a twenty four (24) month period. First Offense Second Offense Third Offense Subsequent Offenses Impound penalties $ Minimum notice of violation penalties: $ $ $ Animal nuisance, commercial permit, permit display Criminal Licensing; beekeeping; tags; rabies vaccination; at large; number of animals; tethering; female dogs in heat; harboring stray animals; animals as sales premiums; sale of baby rabbits, fowl, and pet turtles (applies when no other penalty is specified) Criminal POLICY QUESTIONS 1. The Council previously adopted the amendments on May 20, 2014 to mirror proposed SLCO Animal Services regulations. The Council may wish to inquire with SLCO Animal Services about any reported impacts being felt by County residents. 2. The Council may also wish to ask SLCO Animal Services if, under the current SLCO regulations, enforcement officers are given the discretion to issue a notice of violation in lieu of a criminal citation. 3. When the previous penalty structure was taken out of City code in May 2014, collection responsibility was taken over by the County. The Administration will have information for this briefing on how this will affect the City taking back the responsibility of collections on penalties. 4. Does the Council want to amend the current City Code or keep the current Code, with the emphasis on criminal citations, in place? A straw poll may be useful to direct staff on next steps. 2

4 5. Does the Council support using this ordinance to codify the existing practice of recognizing off-leash areas at Pioneer Park and Cottonwood Park? ADDITIONAL & BACKGROUND INFORMATION The City Attorney s office drafted a proposed ordinance change that reincorporates the previous penalty fee structure (that was in place prior to May 2014) and provides additional options for enforcement. This proposed ordinance will: provide for the use of civil penalties instead of only misdemeanor citations; expressly address issuing a warning, and; provide Animal Services discretion/flexibility to waive or reduce penalties when compliance is met. For example, allowing a $25 licensing penalty to be waived when in turn a dog owner chooses to timely obtain a required dog license. Enforcement violations that were affected by this change include: impoundment, animal nuisance, commercial permit, licensing, permits, tags, rabies vaccinations, animal at large, number of animals, tethering, female dogs in heat, harboring stray animals, animals as sales premiums, beekeeping, sale of baby rabbits, fowl, and pet turtles in addition to late penalties for pet and dog breeding licensing. 3

5 SALT LAKE CITY ORDINANCE No. of 2015 Field Code Changed (Amending certain ordinances governing animal control procedures and enforcement processes.) AN ORDINANCE AMENDING SECTIONS , , AND , OF THE SALT LAKE CITY CODE; WHILE ALSO AMENDING CHAPTER 8.15 OF THE SALT LAKE CITY CODE; IN ORDER TO MODIFY THE CITY S ANIMAL CONTROL PROCEDURES AND ENFORCEMENT PROCESSES. WHEREAS, it is proposed that Sections , , and of the Salt Lake City Code be amended; and that Chapter 8.15 of the Salt Lake City Code be likewise amended; in order to modify Salt Lake City Corporation ( City ) animal control procedures and enforcement processes; and WHEREAS, the City Council finds adoption of this ordinance reasonably furthers the health, safety, and general welfare of the citizens of Salt Lake City. NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah as follows: SECTION 1. Section of the Salt Lake City Code shall be, and hereby is, amended to read as follows: : DOG AND CAT LICENSE; REQUIRED WHEN; APPLICATION AND FEES: A. Required: All dogs and cats shall be licensed each year, except as otherwise provided herein, to a person of the age of eighteen (18) years or older. However, no license shall be required for cats maintained within a feral cat colony. B. Deadline: Any person owning, possessing or harboring any dog or cat shall obtain a license for such animal within thirty (30) days after the animal reaches the age of four (4) months, or, in the case of a dog or cat over four (4) months of age, or in the case of a new city resident, within thirty (30) days of the acquisition of the animal or the commencement of residency. However, if an animal is fostered pursuant to a pet rescue permit and is held pending adoption, then the time period in which the pet rescue permit holder must obtain a license for such animal will be expanded from thirty (30) days to ninety (90) days. The Deleted: 1

6 animal services director may waive late fees or extend licensing deadlines in individual cases, as appropriate. C. Application: License applications shall be submitted to the office of animal services, by utilizing a standard form which requests name, address and telephone number of the applicant; breed, sex, color and age of the animal; previous license information; rabies and sterilization information; and the number, location or other identification applicable to a tattoo or implanted microchip of the animal. The application shall be accompanied by the prescribed license fee and by a rabies vaccination certificate current for a minimum of six (6) months beyond the date of application. A license shall not be issued for a period that exceeds the expiration date of the rabies vaccination. Rabies vaccinations shall be given by a licensed veterinarian with a vaccine approved by the current compendium of animal rabies control. D. License Fees: 1. License fees shall be as set forth in the Salt Lake City Consolidated Fee Schedule. Penalties for failing to properly license dogs and cats shall be as set forth in the penalty schedule in section of this chapter. 2. No dog or cat shall be licensed as spayed or neutered without veterinary verification that such surgery was performed. E. License Vendors: The animal services director may contract with veterinary hospitals, veterinarians, pet shops, animal grooming parlors, and similar institutions or individuals for the issuance of license application forms. License fees and requirements for licensure with such vendors shall be the same as if the application was issued directly by the office of animal services. F. Dog and Cat Limits: There is no limitation on the numbers of dogs and cats that can be owned by a resident, provided that all dogs and cats are properly licensed and cared for. Dog and cat owners must abide by all applicable sections of this title including, but not limited to, licensing, proper care and maintenance, medical attention, and animal cruelty. Owners are required to prevent their animals from causing, and shall abate, any nuisances caused by animals including, but not limited to, noise and odor. G. Senior Citizen Provisions: In lieu of the annual license fees provided above, a person sixty (60) years of age or older on the date of license application may, upon proof of age, obtain a dog or cat license for an unsterilized dog or cat for a reduced fee as specified in the City's consolidated fee schedule. A person sixty (60) years of age or older may obtain a license for the life of a spayed or neutered dog or cat for a onetime nontransferable fee as specified in the Salt Lake City Consolidated Fee Schedule, but such person shall nevertheless obtain a license without fee thereafter for verification of rabies vaccination. This subsection shall not be construed to relieve any person from meeting all licensing requirements not specifically exempted, including late fees and required vaccinations, nor is any license issued hereunder transferable to any other animal or owner other than that for which the license was issued. Deleted: A Deleted: Deleted: SECTION 2. Section of the Salt Lake City Code shall be, and hereby is, 2

7 amended to read as follows: : ANIMALS RUNNING AT LARGE: A. With the exception set forth in subsection B of this section, it is unlawful for the owner or person having charge, care, custody, or control of any animal to allow such animal at any time to run at large. The owner or person charged with responsibility for an animal found running at large shall be strictly liable for a violation of this section, regardless of the precautions taken to prevent the escape of the animal and regardless of whether or not such owner or person knows that the animal is running at large. Any violation of this section shall constitute either a civil violation or a class B misdemeanor pursuant to the criteria set forth in sections , , and of this title. B. 1. Dogs shall be permitted to run off leash only in areas of parks and public spaces specifically authorized by city ordinance, specifically designated by the director of public services as "off leash areas", and clearly identified by signage as such. Said areas shall be as follows: Deleted: person violating any Deleted: provision of Deleted: be deemed guilty of Deleted: class B misdemeanor. a. Designated areas of Memory Grove Park known as the Freedom Trail section; b. The municipal ballpark, also known as Herman Franks Park, except for the fenced youth baseball diamonds and playground area; c. Designated areas of Jordan Park; d. Designated areas of Lindsey Gardens; e. Designated areas of Parley's Historic Nature Park, as set forth in title 15, chapter of this code, or its successor; Deleted:, Deleted:, Deleted: and Deleted:. f. Designated areas of Pioneer Park; and g. Designated areas of Cottonwood Park. 2. While in such areas dogs shall at all times remain under control of the dog's owner or custodian. "Under control" means that a dog will respond on command to its owner or custodian. C. The foregoing notwithstanding, the public services department may conduct additional experiments in other areas of the city for possible future legislative enactment establishing such areas as "off leash areas", provided such experiments are conducted in accordance with the guidelines approved by the city council in its resolution 52 of SECTION 3. Section of the Salt Lake City Code shall be, and hereby is, amended to read as follows: : ENFORCEMENT AND PENALTIES: 3

8 A. Penalties for failing to obtain a dog breeder's license shall be as set forth in sections , , and of this title. B. In enforcing this chapter, the office of animal services may: Deleted: A 1. Issue an order or probation; 2. Issue a cease and desist order; 3. Suspend or revoke a license; or 4. Seek other injunctive relief as may be necessary to enforce this chapter and its regulations, including impounding and seizing dogs where the office of animal services determines there is significant threat to the health or safety of the dogs harbored or owned by the licensee. Costs incurred for the care of animals impounded or seized under this section shall be recoverable from the owner of the animal who is found to have violated provisions of this chapter. C. Each act committed against an individual animal in violation of this chapter or office of animal services regulations, and each day during which a violation continues, shall constitute a separate offense for purposes of this section. D. A failure to comply with this chapter shall constitute either a civil violation or a class B misdemeanor subject to enforcement pursuant to the criteria in sections , , and of this title. The attorney's office may bring an action to collect unpaid license fees and/or unpaid civil penalties. E. It shall be a violation of this chapter for any person to: Deleted: B Deleted: C Deleted: Deleted: D 1. Deny access to any inspector or offer any resistance to, thwart, or hinder an inspector by misrepresentation or concealment; 2. Interfere with, threaten, verbally or physically abuse, or harass any inspector in the course of carrying out inspection duties; 3. Fail to disclose all dog housing locations owned or controlled by a licensee; or 4. Violate an injunction order or order of compliance issued pursuant to this section. E. Proceedings undertaken under this section shall not preclude the office of animal services from seeking other civil or criminal actions. This section does not prohibit the office of animal services from assisting a law enforcement agency in a criminal investigation. Nothing in this section shall be construed to prohibit prosecution under state statute or city ordinance. Deleted: F SECTION 4. Chapter 8.15 shall be, and hereby is, amended as follows: CHAPTER 8.15 ENFORCEMENT 4

9 Deleted: CRIMINAL VIOLATION OF TITLE PENALTIES ISSUANCE OF MISDEMEANOR CITATIONS, CIVIL NOTICES OF VIOLATION, AND WARNINGS NOTICE OF VIOLATIONS CODE VIOLATION PENALTIES VIOLATION PROCEDURE FOR COURT ORDERS PICK UP ORDERS REPEATED VICIOUS ANIMAL VIOLATIONS - OWNER DEBARMENT SEIZURE AND DISPOSITION VICIOUS ANIMALS PERMIT; SUSPENSION OR REVOCATION CITY ENFORCEMENT OF ORDINANCE VIOLATIONS VIOLATION OF TITLE PENALTIES: Any person who violates any mandate or prohibition contained in this title shall be penalized according to the provisions of this title or the provisions of of the Salt Lake City Code : ISSUANCE OF MISDEMEANOR CITATIONS, CIVIL NOTICES OF VIOLATION, AND WARNINGS: A. Misdemeanor Citations: A peace officer or animal services officer is authorized to issue a misdemeanor citation to any person upon a charge of violating any provisions of this title. The form of the misdemeanor citation, and proceedings to be handled upon the basis of the citation, shall conform to the provisions of the Utah code of criminal procedure, including, but not necessarily limited to, sections through , Utah Code Annotated, 1953, as amended, or their successors. B. Civil Notices of Violation: 1. Where violations of the following requirements of this chapter are committed, and provided they are not charged in conjunction with another criminal offense and do not constitute a fourth or succeeding notice of violation within a twenty four (24) month period, a peace officer or animal services officer may issue a civil notice of violation to such violator in lieu of a misdemeanor citation for the following categories of violations: a. commercial permits (section ); b. commercial permit display (section ); c. licensing (section ); 5 Deleted: S Deleted: A. Deleted: B. Any notice of violation issued pursuant to this title shall subject the person to a processing fee established in accordance with section of this code and as set forth in the Salt Lake City consolidated fee schedule. Deleted: CRIMINAL Deleted: Deleted: S Deleted: STIPULATION Deleted: control Deleted: criminal Deleted: B. 1. Where violations of any applicable sections of this title are observed, an animal control officer may, in lieu of issuance of the criminal citation and, with consent of the person charged with a violation, issue a notice of violation to any person so charged. 2. A notice of violation and stipulation is an office of animal services determination, with the consent of the person charged, to forgo the criminal citation and enter into a contractual stipulation to resolve the issue. 3. The use by the office of animal services of a notice of violation and stipulation, in lieu of issuing a criminal citation, is intended to provide an equitable and uniform method for administering and resolving disputes between the office of animal services and parties alleged to have violated this title. 4. In the interest of promoting uniformity in administering and resolving animal services related disputes, any penalties agreed upon in connection with notices of violation and stipulations under this section shall generally conform to the penalty ranges set forth in a written policy prepared by animal services and available to the public. However, in rare instances and for demonstrable good cause the animal services officer may permit a deviation from these penalty ranges if he or she finds compliance to be impractical or unnecessary or that such deviation furthers justice or the purposes of the office of animal services. In appropriate circumstances, such deviation may include merely issuing a verbal warning to the offending party and foregoing the imposition of any penalties. The procedures set forth herein will be liberally construed to secure a just, speedy, and economical determination of all issues presented to the office of animal services. 5. The notice of violation shall state, with reference to the pertinent sections of this title, the violation which must be remedied by the person charged and shall set forth a compliance date by which the violator must comply with any remedial requirements in the notice. The notice of violation shall also include the amount of an administrative processing fee to be paid to the office of animal services by the person charged in the notice of violation. 6. Refusal to execute the waivers defined herein, refusal or nonpayment of the administrative processing fee, or failure to comply with the notice...

10 d. license tag requirements (section ); e. rabies vaccinations (section ); f. rabies tag requirements (subsection B); g. harboring stray animals (section ); h. animals running at large (section ); i. animal nuisances (section except for subsections B2, B8, B9, and B10); j. more than two (2) rabbits at a residence (section ); k. tethering dogs improperly (section ); l. confining female dogs in heat (section ); m. giving animals as sales premiums (subsection B); n. the sale/premium of baby rabbits and fowl (subsection A); o. the sale of pet turtles (subsection C of this chapter); p. beekeeping violations (chapter 8.10). 2. A notice of violation issued pursuant to subsection B, shall identify the penalties applicable to each violation listed in the notice of violation as set forth in section of this title for minimum citation penalties. Notwithstanding the foregoing, the penalty amounts identified in the notice of violation may be reduced or waived as follows: a. penalties for first offenses may be reduced or waived if the violator satisfactorily completes a class on responsible pet ownership that is approved by the Office of Animal Services. b. if the violations identified in the notice of violation require remedial action on the part of the person charged, then the notice of violation shall identify each remedial measure that must be taken and shall indicate the compliance date by which such measures must be completed. Compliance with all remedial requirements referred to in the notice of violation by the compliance date shown thereon shall result in a twenty five dollar ($25.00) reduction in the penalty and the notice of violation shall be dismissed if the total penalty due and owing is not greater than twenty five dollars ($25.00). Refusal or failure to comply with any remedial requirements referred to in the notice of violation by the deadline set as the compliance date may result in the imposition of the full penalty and any additional administrative fees which may be applicable. C. Warnings: Deleted: 6

11 In appropriate instances, and for demonstrable good cause, a peace officer or animal services officer may issue a written warning to the offending party and forego the imposition of any penalties : NOTICE OF VIOLATIONS: Deleted: A. Notices of violations shall be adjudicated as civil violations in the small claims court in accordance with the procedures set forth in title 2, chapter 2.75 of this code. B. Any person having received a notice of violation, as provided in this chapter, may appear before the small claims court and present and contest such alleged violation. C. The burden to prove any defense shall be upon the person raising such defense. Nothing herein shall affect the city's burden to prove each element of the underlying charge by a preponderance of evidence. D. If the hearing officer finds that no violation as set forth in the notice of violation has occurred or that such a violation has occurred but one or more of the affirmative defenses set forth in this section is applicable, the hearing officer may dismiss the notice of violation and release the recipient of the notice from liability thereunder or the hearing officer may reduce the penalty associated therewith. Such affirmative defenses are: 1. At the time of the receipt of the notice of violation, the person receiving such notice of violation was not the owner or the person responsible for the animal and his/her actions did not contribute to the issuance of the notice of violation; Formatted: Indent: Left: -0.17", Hanging: 0.67" 2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property; or 3. Such other mitigating circumstances as may be approved by the city law department : CODE VIOLATION PENALTIES The following penalties shall be imposed per animal. However, a "litter" as defined in section of this title, shall be considered a single animal for purposes of imposing the penalties set forth in this section. A. Pet License And Dog Breeder License Penalties: Late penalty (in addition to regular fee): First encounter No penalty 7

12 Second encounter $ Third encounter B. Service And Violation Penalties For Pets: Where indicated, penalties for second, third, and subsequent violations are for those occurring within a twenty four (24) month period. First Offense Second Offense Third Offense Subsequent Offenses Impound penalties $ $ $ $ Minimum notice of violation penalties: Animal nuisance, commercial permit, permit display Licensing; beekeeping; tags; rabies vaccination; at large; number of animals; tethering; female dogs in heat; harboring stray animals; animals as sales premiums; sale of baby rabbits, fowl, and pet turtles (applies when no other penalty is specified) Criminal Criminal Purchase price for unclaimed livestock is based on costs incurred by animal services during impound and recommendations made by the state brand inspector VIOLATION PROCEDURE FOR COURT ORDERS: Pursuant to state laws and rules of procedure, court orders pursuant to this title shall be obtained upon the director or designee petitioning the court for the desired action and providing notice, together with supporting affidavits to be served on the party against whom the action is taken, in accordance with state laws and rules of procedure PICK UP ORDERS: The director or designee may petition the court for a pick up order for an animal within the premises of and under the control of a person who is in violation of this title. This process may be used for, but is not limited to, picking up animals pursued but not captured by an animal control officer, nuisance animals or for any other violation of these ordinances REPEATED VICIOUS ANIMAL VIOLATIONS - OWNER DEBARMENT: 8

13 When any person who owns or has custody of animals is found to have violated any law or ordinance regarding harboring a potentially dangerous, dangerous, or vicious animal or regarding animal neglect or cruelty more than two times in a five year period, that person may be debarred from receiving a license under Chapter 8.04 of these ordinances. Notice of debarment shall be served on the person in a written order issued by the director. Debarment may be for a period of up to five years. Appeal of a debarment order shall be made using the same two-part procedural process outlined in Section of these ordinances. Any person who has been debarred and who subsequently owns or has custody of an animal requiring licensure under Chapter 8.04 in violation of a debarment order is guilty of a class B misdemeanor SEIZURE AND DISPOSITION VICIOUS ANIMALS: A. Upon the occurrence of circumstances resulting in the seizure of an animal by animal services, the procedures governing the potential classification and disposition of the animal shall be conducted as set forth in this section. B. The office of animal services shall prepare written criteria or standards to objectively evaluate the facts and circumstances surrounding a bite or other animal attack. The evaluation criteria shall include bite or attack severity, observed animal behavior, animal history, animal owner s background or history, and such other circumstances as may be appropriate, based on current professional standards. Aggravating and mitigating circumstances for each evaluation criteria shall be rated on a numerical scale in such a way that all circumstances and facts may be objectively calculated in determining the severity of the animal attack, the nature of the animal s behavior, and the appropriate response by animal services. C. When an animal has been seized by the office of animal services, such office shall serve written notice to the owner that a meeting with the director or designee shall be conducted on a date no sooner than five business days from the date of the notice, at a date, time and place designated in the notice. The purpose of the meeting shall be to discuss the facts and circumstances of the matter and to give an opportunity to both the owner and the animal services representative to present those facts. Any complaints or other reports may be reviewed and discussed and the animal attack evaluation form, where applicable, shall be explained to the owner. This meeting is not considered a formal administrative hearing and shall be conducted accordingly. Following the meeting, the director or designee shall issue written findings regarding the meeting, including a decision regarding the disposition of the animal, to be issued within two business days following the meeting. D. The animal owner may appeal the written findings required in (c) by filing a written request with animal services within five business days after such findings are issued. If such an appeal is made, animal services shall conduct a formal administrative hearing as set forth herein. The hearing will be conducted by a person trained or experienced in law, mediation or arbitration, or animal services. Witnesses may be called and documents and other evidence presented for admission. The Utah Rules of Civil Procedure and Evidence shall be used as guidelines for the conduct of this hearing, but shall not be binding. A record 9

14 of the hearing shall be maintained. The hearing officer shall prepare written findings and a decision within five business days of the hearing. No sooner than ten business days following the issuance of the hearing officer s decision, the animal may be destroyed or otherwise processed by animal services, including, but not limited to, the sale or other placement of animals in circumstances of cruelty or neglect : PERMIT; SUSPENSION OR REVOCATION: A. Grounds: A permit may be suspended or revoked or a permit application rejected on any one or more of the following grounds: 1. Falsification of facts in a permit application; 2. Violation of any of the provisions of this title, or any other law or regulation governing the establishment including health, noise, building and zoning ordinances; 3. Conviction on a charge of cruelty to animals. B. Procedure: If an inspection of any establishment required to be permitted under this title, reveals a violation of this title, the inspector shall notify the permit holder or operator of such violation by means of an inspection report accompanied by either a citation or a notice of violation and stipulation. The inspection report shall: 1. Set forth the specific violation(s) found; 2. Establish a specific and reasonable period of time for the correction of the violation(s) found; 3. State that failure to comply with any notice issued in accordance with the provisions of this title may result in immediate suspension of the permit; 4. State that an opportunity for a hearing upon any grievance the permitee or operator may have concerning the inspection findings and corrections ordered by the animal control officer will be provided if such permitee or operator files a written request for a hearing with the office of animal services within five (5) business days of the date of the inspection report. Compliance with the notice will be stayed until the animal services director or designee has rendered a decision on the matter. C. Revocation or Suspension: Any permit granted under this title may be suspended or revoked by the office of animal services for violations of any requirements of this title. A minimum of five (5) business days' notice shall be given to the permittee, advising him or her of the date and time for such hearing, and listing the cause or causes for such suspension or revocation. A permitee aggrieved by the suspension or revocation of his/her permit may petition the director for review of such grievance. Upon consideration of such grievance and upon good cause showing, the director, or the director s designee, may, at his or her sole discretion, uphold the suspension or revocation or reinstate the permit. 10

15 No new permit shall be issued to any person whose permit has been previously revoked except upon application for a new permit, accompanied by the required application fee, and unless and until all requirements of this title have been met. D. A new permit shall not be issued to any person whose prior permit was suspended or revoked by the office of animal services until the applicant has satisfied the director that he/she has the means and the will to comply with the requirements of this title in the future. An application for another permit must comply with the requirements for an application for an initial permit, including application fee. E. Notice Procedure: Notice provided for under this section shall be deemed to have been properly served when the original of the inspection report form or other notice has been delivered personally to the permit holder or person in charge, or such notice has been sent by certified mail to the last known address of the permit holder. A copy of such notice shall be filed with the records of the office of animal services : CITY ENFORCEMENT OF ORDINANCE VIOLATIONS: The office of animal services has primary responsibility for enforcing the provisions of this title. However, the City likewise has authority to enforce the provisions of this title, and nothing set forth herein shall prevent the City from enforcing such ordinances if the office of animal services is unwilling or unable to do so. SECTION 5. This ordinance shall become effective on the date of its first publication. Passed by the City Council of Salt Lake City, Utah this day of, Deleted: ATTEST: CHAIRPERSON CITY RECORDER Transmitted to Mayor on. Mayor s Action: Approved. Vetoed. MAYOR 11

16 CITY RECORDER APPROVED AS TO FORM (SEAL) Bill No. of Published: Date: By: HB_ATTY-#42433-v1-Animal_Services_-_Citations_-Ordinance_Amendment.DOC 12

17 ~----- SALT LAKE CITY ORDINANCE No. of2015 (Amending certain ordinances governing animal control procedures and enforcement processes.) AN ORDINANCE AMENDING SECTIONS , , AND , OF THE SALT LAKE CITY CODE; WHILE ALSO AMENDING CHAPTER 8.15 OF THE SALT LAKE CITY CODE; IN ORDER TO MODIFY THE CITY'S ANIMAL CONTROL PROCEDURES AND ENFORCEMENT PROCESSES. WHEREAS, it is proposed that Sections , , and of the Salt Lake City Code be amended; and that Chapter 8.15 of the Salt Lake City Code be likewise amended; in order to modify Salt Lake City Corporation ("City") animal control procedures and enforcement processes; and WHEREAS, the City Council finds adoption of this ordinance reasonably furthers the health, safety, and general welfare of the citizens of Salt Lake City. follows: NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah as SECTION 1. Section of the Salt Lake City Code shall be, and hereby is, amended to read as follows: : DOG AND CAT LICENSE; REQUIRED WHEN; APPLICATION AND FEES: A. Required: All dogs and cats shall be licensed each year, except as otherwise provided herein, to a person of the age of eighteen (18) years or older. However, no license shall be required for cats maintained within a feral cat colony. B. Deadline: Any person owning, possessing or harboring any dog or cat shall obtain a license for such animal within thirty (3 0) days after the animal reaches the age of four ( 4) months, or, in the case of a dog or cat over four (4) months of age, or in the case of a new city resident, within thirty (30) days of the acquisition of the animal or the commencement of residency. However, if an animal is fostered pursuant to a pet rescue permit and is held pending adoption, then the time period in which the pet rescue permit holder must obtain a license for such animal will be expanded from thirty (30) days to ninety (90) days. The 1

18 animal services director may waive late fees or extend licensing deadlines in individual cases, as appropriate. C. Application: License applications shall be submitted to the office of animal services, by utilizing a standard form which requests name, address and telephone number of the applicant; breed, sex, color and age of the animal; previous license information; rabies and sterilization information; and the number, location or other identification applicable to a tattoo or implanted microchip of the animal. The application shall be accompanied by the prescribed license fee and by a rabies vaccination certificate current for a minimum of six ( 6) months beyond the date of application. A license shall not be issued for a period that exceeds the expiration date of the rabies vaccination. Rabies vaccinations shall be given by a licensed veterinarian with a vaccine approved by the current compendium of animal rabies control. D. License Fees: 1. License fees shall be as set forth in the Salt Lake City Consolidated Fee Schedule. Penalties for failing to properly license dogs and cats shall be as set forth in the penalty schedule in section ofthis chapter. 2. No dog or cat shall be licensed as spayed or neutered without veterinary verification that such surgery was performed. E. License Vendors: The animal services director may contract with veterinary hospitals, veterinarians, pet shops, animal grooming parlors, and similar institutions or individuals for the issuance of license application forms. License fees and requirements for licensure with such vendors shall be the same as if the application was issued directly by the office of animal services. F. Dog and Cat Limits: There is no limitation on the numbers of dogs and cats that can be owned by a resident, provided that all dogs and cats are properly licensed and cared for. Dog and cat owners must abide by all applicable sections of this title including, but not limited to, licensing, proper care and maintenance, medical attention, and animal cruelty. Owners are required to prevent their animals from causing, and shall abate, any nuisances caused by animals including, but not limited to, noise and odor. G. Senior Citizen Provisions: In lieu of the annual license fees provided above, a person sixty (60) years of age or older on the date of license application may, upon proof of age, obtain a dog or cat license for an unsterilized dog or cat for a reduced fee as specified in the City's consolidated fee schedule. A person sixty (60) years of age or older mayobtain a license for the life of a spayed or neutered dog or cat for a onetime nontransferable fee as specified in the Salt Lake City Consolidated Fee Schedule, but such person shall nevertheless obtain a license without fee thereafter for verification of rabies vaccination. This subsection shall not be construed to relieve any person from meeting all licensing requirements not specifically exempted, including late fees and required vaccinations, nor is any license issued hereunder transferable to any other animal or owner other than that for which the license was issued. SECTION 2. Section of the Salt Lake City Code shall be, and hereby is, 2

19 amended to read as follows: : ANIMALS RUNNING AT LARGE: A. With the exception set forth in subsection B of this section, it is unlawful for the owner or person having charge, care, custody, or control of any animal to allow such animal at any time to run at large. The owner or person charged with responsibility for an animal found running at large shall be strictly liable for a violation of this section, regardless of the precautions taken to prevent the escape of the animal and regardless of whether or not such owner or person knows that the animal is running at large. Any violation of this section shall constitute either a civil violation or a class B misdemeanor pursuant to the criteria set forth in sections , , and ofthis title. B. 1. Dogs shall be permitted to run off leash only in areas of parks and public spaces specifically authorized by city ordinance, specifically designated by the director ofpublic services as "off leash areas'', and clearly identified by signage as such. Said areas shall be as follows: a. Designated areas of Memory Grove Park known as the Freedom Trail section; b. The municipal ballpark, also known as Herman Franks Park, except for the fenced youth baseball diamonds and playground area; c. Designated areas of Jordan Park; d. Designated areas of Lindsey Gardens; e. Designated areas of Parley's Historic Nature Park, as set forth in title 15, chapter of this code, or its successor; f. Designated areas of Pioneer Park; and g. Designated areas of Cottonwood Park. 2. While in such areas dogs shall at all times remain under control of the dog's owner or custodian. "Under control" means that a dog will respond on command to its owner or custodian. C. The foregoing notwithstanding, the public services department may conduct additional experiments in other areas of the city for possible future legislative enactment establishing such areas as "off leash areas", provided such experiments are conducted in accordance with the guidelines approved by the city council in its resolution 52 of2004. SECTION 3. Section of the Salt Lake City Code shall be, and hereby is, amended to read as follows: : ENFORCEMENT AND PENALTIES: 3

20 A. Penalties for failing to obtain a dog breeder's license shall be as set forth in sections , , and ofthis title. B. In enforcing this chapter, the office of animal services may: 1. Issue an order or probation; 2. Issue a cease and desist order; 3. Suspend or revoke a license; or 4. Seek other injunctive relief as may be necessary to enforce this chapter and its regulations, including impounding and seizing dogs where the office of animal services determines there is significant threat to the health or safety of the dogs harbored or owned by the licensee. Costs incurred for the care of animals impounded or seized under this section shall be recoverable from the owner of the animal who is found to have violated provisions ofthis chapter. C. Each act committed against an individual animal in violation ofthis chapter or office of animal services regulations, and each day during which a violation continues, shall constitute a separate offense for purposes of this section. D. A failure to comply with this chapter shall constitute either a civil violation or a class B misdemeanor subject to enforcement pursuant to the criteria in sections , , and of this title. The attorney's office may bring an action to collect unpaid license fees and/or unpaid civil penalties. E. It shall be a violation of this chapter for any person to: 1. Deny access to any inspector or offer any resistance to, thwart, or hinder an inspector by misrepresentation or concealment; 2. Interfere with, threaten, verbally or physically abuse, or harass any inspector in the course of carrying out inspection duties; 3. Fail to disclose all dog housing locations owned or controlled by a licensee; or 4. Violate an injunction order or order of compliance issued pursuant to this section. E. Proceedings undertaken under this section shall not preclude the office of animal services from seeking other civil or criminal actions. This section does not prohibit the office of animal services from assisting a law enforcement agency in a criminal investigation. Nothing in this section shall be construed to prohibit prosecution under state statute or city ordinance. SECTION 4. Chapter 8.15 shall be, and hereby is, amended as follows: CHAPTER 8.15 ENFORCEMENT 4

21 VIOLATION OF TITLE- PENAL TIES ISSUANCE OF MISDEMEANOR CITATIONS, CIVIL NOTICES OF VIOLATION, AND WARNINGS NOTICE OF VIOLATIONS CODE VIOLATION PENALTIES VIOLATION- PROCEDURE FOR COURT ORDERS PICK UP ORDERS REPEATED VICIOUS ANIMAL VIOLATIONS- OWNER DEBARMENT SEIZURE AND DISPOSITION- VICIOUS ANIMALS PERMIT; SUSPENSION OR REVOCATION CITY ENFORCEMENT OF ORDINANCE VIOLATIONS VIOLATION OF TITLE- PENALTIES: Any person who violates any mandate or prohibition contained in this title shall be penalized according to the provisions of this title or the provisions of of the Salt Lake City Code : ISSUANCE OF MISDEMEANOR CITATIONS, CIVIL NOTICES OF VIOLATION, AND WARNINGS: A. Misdemeanor Citations: A peace officer or animal services officer is authorized to issue a misdemeanor citation to any person upon a charge ofviolating any provisions of this title. The form of the misdemeanor citation, and proceedings to be handled upon the basis of the citation, shall conform to the provisions of the Utah code of criminal procedure, including, but not necessarily limited to, sections through , Utah Code Annotated, 1953, as amended, or their successors. B. Civil Notices of Violation: 1. Where violations of the following requirements of this chapter are committed, and provided they are not charged in conjunction with another criminal offense and do not constitute a fourth or succeeding notice of violation within a twenty four (24) month period, a peace officer or animal services officer may issue a civil notice of violation to such violator in lieu of a misdemeanor citation for the following categories of violations: a. commercial permits (section ); b. commercial permit display (section ); c. licensing (section ); d. license tag requirements (section ); 5

22 e. rabies vaccinations (section ); f. rabies tag requirements (subsection B); g. harboring stray animals (section ); h. animals running at large (section ); i. animal nuisances (section except for subsections B2, B8, B9, and B10); J. more than two (2) rabbits at a residence (section ); k. tethering dogs improperly (section ); 1. confining female dogs in heat (section ); m. giving animals as sales premiums (subsection B); n. the sale/premium of baby rabbits and fowl (subsection A); o. the sale of pet turtles (subsection C ofthis chapter); p. beekeeping violations (chapter 8.10). 2. A notice of violation issued pursuant to subsection B, shall identify the penalties applicable to each violation listed in the notice of violation as set forth in section of this title for minimum citation penalties. Notwithstanding the foregoing, the penalty amounts identified in the notice of violation may be reduced or waived as follows: a. penalties for first offenses may be reduced or waived if the violator satisfactorily completes a class on responsible pet ownership that is approved by the Office of Animal Services. C. Warnings: b. if the violations identified in the notice of violation require remedial action on the part of the person charged, then the notice of violation shall identify each remedial measure that must be taken and shall indicate the compliance date by which such measures must be completed. Compliance with all remedial requirements referred to in the notice of violation by the compliance date shown thereon shall result in a twenty five dollar ($25.00) reduction in the penalty and the notice of violation shall be dismissed if the total penalty due and owing is not greater than twenty five dollars ($25.00). Refusal or failure to comply with any remedial requirements referred to in the notice of violation by the deadline set as the compliance date may result in the imposition of the full penalty and any additional administrative fees which may be applicable. 6

23 In appropriate instances, and for demonstrable good cause, a peace officer or animal services officer may issue a written warning to the offending party and forego the imposition of any penalties : NOTICE OF VIOLATIONS: A. Notices of violations shall be adjudicated as civil violations in the small claims court in accordance with the procedures set forth in title 2, chapter 2.75 of this code. B. Any person having received a notice of violation, as provided in this chapter, may appear before the small claims court and present and contest such alleged violation. C. The burden to prove any defense shall be upon the person raising such defense. Nothing herein shall affect the city's burden to prove each element of the underlying charge by a preponderance of evidence. D. If the hearing officer finds that no violation as set forth in the notice of violation has occurred or that such a violation has occurred but one or more of the affirmative defenses set forth in this section is applicable, the hearing officer may dismiss the notice of violation and release the recipient of the notice from liability thereunder or the hearing officer may reduce the penalty associated therewith. Such affirmative defenses are:. 1. At the time of the receipt of the notice of violation, the person receiving such notice of violation was not the owner or the person responsible for the animal and his/her actions did not contribute to the issuance of the notice of violation; 2. Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property; or 3. Such other mitigating circumstances as may be approved by the city law department : CODE VIOLATION PENALTIES The following penalties shall be imposed per animal. However, a "litter" as defined in section of this title, shall be considered a single animal for purposes of imposing the penalties set forth in this section. A. Pet License And Dog Breeder License Penalties: Late penalty (in addition to regular fee):.-, First encounter I No penalty 7