Public Safety
CHAPTER 1: ANIMAL CONTROL
SECTION:
4-1-1: Disturbing The Peace
4-1-2: Dogs At Large (2004-3)
4-1-3: Cats At Large
4-1-4: Trespass; Nuisance Animals; Large Animals at Large
4-1-5: Impound
4-1-6: Violation; Penalty
4-1-7: Enforcement
4-1-8: Exotic Animals
4-1-9: Defences in Nuisance Actions
4-1-1: DISTURBING THE PEACE:
No owner of an animal that is within the boundaries of the Town shall allow the animal to be a nuisance or disturb the peace and quiet enjoyment of any other person, such as allowing it to bark or howl habitually.
4-1-2: DOGS AT LARGE:
No dog within the boundaries of the Town shall be allowed to run loose, unless it is on real property that the dog owner owns, leases or otherwise has permission to use. The following exceptions apply to this restriction:
The dog is in a vehicle;
The dog is under the immediate control of a person.
As per Utah Code Annotated 18-1-1, every person owning or keeping a dog shall be liable in damages for injury committed by such dog, and it shall not be necessary in any action brought therefor to allege or prove that such dog was of a vicious or mischievous disposition or that the owner or keeper thereof know that it was vicious or mischievous. This does not apply to dogs used by law enforcement officials.
No person is allowed to possess a vicious dog within the boundaries of Hanksville unless it is restrained, confined or muzzled so that it cannot attack or fight any person. A vicious dog is one that has been known to attack or bite a person.
If there is substantial evidence that any dog within Hanksville has attacked a person, the sheriff, a deputy or other proper law enforcement officer may destroy the dog. The law enforcement officer shall investigate the situation, contact the dog’s owner and determine that there is reasonable evidence that an attack took place. If the law enforcement officer determines that the dog may attack another person in the future, the dog may be removed and destroyed.
If a dog is attacking a person within the boundaries of Hanksville, the victim or any other person reasonably acting to protect the victim may destroy the animal. However, this does not give any person or persons permission to maim dogs or destroy dogs without there being imminent danger to another person.
As per Utah Code Annotated 18-1-3, any person may injure or kill a dog while it is attacking, chasing or worrying any domestic animal having a commercial value, any assistance animal as defined in Utah Code Annotated 78-20-101, or any species of hoofed protected wildlife, while attacking domestic fowls, or while the dog is being pursued thereafter. If it is necessary to injure or kill a dog due to these conditions, the Sheriff’s office must be notified and an investigation of the incident completed. If the destruction is deemed to be unnecessary or malicious harm, the person or persons may be held liable for such act.
4-1-3: CATS AT LARGE:
It is the intent of the Town to enforce: the “Community Cat Act” set forth in Utah Code Annotated 11-46-301, et seq.
If there is no licensed community cat caretaker and the Town has received one (1) written complaint, a person may
Trap and relocate a feral cat to a local shelter or;
Trap and destroy a feral cat if;
There is no available space at local shelter and;
A law enforcement officer investigates the situation and finds the feral cat vicious or a nuisance.
4-1-4: TRESPASS; NUISANCE ANIMALS; LARGE ANIMALS AT LARGE:
Revocation Of Privilege: If animals within the Hanksville Town limits are creating a nuisance, and a minimum of three (3) written complaints are brought before the Town Council, it may be determined by the Town Council that the animal privilege may be revoked if corrective action is not taken by the animal owner.
Owner Liable: The owner is liable for trespass of livestock, which includes cows, horses, mules, sheep, goats, chickens, turkeys, pigs, ducks, etc., that come from private properties within the Hanksville Town limits and trespass upon the premises of another person, or are creating a nuisance and generating a minimum of three (3) written complaints that come before the Town Council.
Unclaimed: If the animal is not claimed within ten (10) days, the Town may sell the animal to cover the cost incurred.
No large animal (cattle, horse, sheep, pig, mule or similar animal) shall be allowed to run at large upon any public or private property other than property the owner owns, rents, leases or otherwise has permission to use from the property owner. An animal shall not be considered at large if the animal is being driven from one corral or pasture to another or the animal is moving or being moved to or from a grazing range (such as coming off the mountain in the fall).
All permitted range cattle on adjacent federal land are exempt from the above criteria.
4-1-5: IMPOUND:
If there is substantial evidence that any animal has been allowed to run loose or to disturb the peace in violation of this chapter, the sheriff, deputy or other law enforcement officer may impound the offending animal if the law enforcement officer reasonably believes the animal may, in the future, repeat the offense. If, within five (5) business days after the animal is impounded, the owner has not obtained an order from the justice court judge of Wayne County or other appropriate court ordering the release of the animal, the animal may be destroyed in addition to fines that may be imposed pursuant to this chapter. The owner of any animal that is impounded must pay an impound fee as established by the Town for each day the animal is impounded.
4-1-6: VIOLATION; PENALTY:
Written complaints of uncontrolled dogs, uncontrolled livestock or disturbance violations must be reported to and investigated by the Wayne County Sheriff’s Department. Citations and fines may be issued for an infraction if there is substantial evidence that any animal has been intentionally allowed to run loose, become a nuisance or disturb the peace in violation of this Ordinance.
B. The owner of any animal and any other person who, at the time of a violation of this chapter, is responsible for the care of the animal involved in the violation is guilty of a Class C misdemeanor for each violation and may be punished in accordance with the prescribed penalties under Utah law for Class C misdemeanors. Repeat offenses constitute Class B misdemeanors.
4-1-7: ENFORCEMENT:
The Town Council may appoint an Animal Control Chairman to oversee enforcement. The Chairman shall:
Be a resident of the Town, as defined in Appendix B of this document;
Have a minimum of two (2) years of provable agricultural experience.
The Chairman shall request a mediator appointed by the Town Council to oversee all enforcement operations if the person within violation is a resident of an adjoining property to the Chairman.
If there is no appointed Chairman, the Mayor of the Town of Hanksville will oversee enforcement of the guidelines established hereafter.
4-1-8: EXOTIC ANIMALS:
Raising or maintaining of exotic animals shall be prohibited within the Hanksville Town limits unless an animal management plan and permit are approved by the Town Council.
4-1-9: DEFENSES IN NUISANCE ACTIONS:
As per Utah Code Annotated 4-44-102, It is a defense in a civil action for nuisance against an agricultural operation that:
The plaintiff is not a legal possessor of the real property affected by the conditions alleged to be the nuisance;
The real property affected by the conditions alleged to be the nuisance is located outside one hundred fifty (150) feet of the source of the activity or structure alleged to be the nuisance; or
The action is filed more than ninety (90) days after:
The establishment of the agricultural operation; or
The agricultural operation undergoes a fundamental change.
In a nuisance action against an agricultural operation, the court shall award costs and expenses, including reasonable attorney fees to:
The agricultural operation when the court finds the agricultural operation is not a nuisance and the nuisance action is frivolous or malicious; or
The plaintiff when the court finds the agricultural operation is a nuisance and the agricultural operation asserts an affirmative defense in the nuisance action that is frivolous or malicious.