FAYETTE TOWN ANIMAL CONTROL ORDINANCE 2015-4 (REVISED)
Section 1: Purpose
This ordinance is to regulate animals within the town limits of Fayette to insure the health, safety and welfare of the resident and to insure the humane treatment of animals. The ordinance addresses the nuisance potential of keeping animals within the town limits and establishes a method of complaint, compliance and penalties for noncompliance to the ordinance.
Section 2: Definitions of Terms. (Town of Fayette Zoning Ordinance Section 12-201)
- Any live vertebrate creature, domestic or wild.
- Governing Body. The governing board, council or commission of Fayette, Utah.
- Any person, partnership, or corporation, owning, keeping, harboring or having custody of one or more animals.
- Public nuisance. Any animal or animals which:
- Is diseased and dangerous to the public health.
- Molests passerby or passing vehicles.
- Attacks other animals.
- Is repeatedly at large
- Damages private or public property.
- Barks, whines, or howls in an excessive, continuous, or untimely fashion or makes noise in such a manner that results in a serious annoyance or interference with the reasonable use and enjoyment of neighboring premises. The keeper of any animal should make a reasonable attempt to keep animals quiet after 10 pm. Any animal which barks or makes noise repeatedly after this time will be deemed as a public nuisance.
- Maintaining a dog that habitually or repeatedly chases, snaps at, attacks or barks at pedestrians, bicycles or vehicles.
- Any animal secured by a leash or lead, and under the control of a responsible person and obedient to that person’s commands, or within the real property limits of its keeper.
- Vicious Animal. Any animal or animals that constitute a physical threat to human beings or other animals.
Section 3: Dogs and other domestic animals
- Licenses – All dogs belonging to residents of the town will be registered with the town and required to be vaccinated and licensed yearly. If dogs are spayed or neutered, the owner will receive a $5.00 discount when licensing the animal. Animals will be photographed along with licensing. This procedure will help in identification of stray animals.
- Animal Waste. The keeper of every animal shall be responsible for the removal of any excreta deposited by his animal (s) on public walks, recreation areas, or private property.
- Creating a public nuisance – The Town of Fayette shall be authorized to take action concerning any animal deemed to be a public nuisance as defined, but not limited to, the definition stated in Section 4-2
- Restraint – All dogs shall be kept under restraint. It shall be unlawful for the owner or keeper of any dog, to permit said dog to run at large at any time within the limits of this town. The owner of any dog deemed to be running at large shall be in violation of this chapter. Running at large shall mean off the premises of the owner or keeper and not under the control of the owner or keeper or a member of his immediate family either by leash cord, chain, or other means by which the dog can be adequately controlled. It shall be the duty of the sheriff, nuisance officer or animal control officer to apprehend and impound any dog found running at large within the limits of the town. In the discharge of this duty such officer, when in pursuit of a dog found running at large, shall have the right and is hereby authorized to enter and go upon the premises of the owner or keeper of such dog and there apprehend the same.
- No keeper shall fail to exercise proper care and control of his animals to prevent them from becoming a public nuisance.
- Every female dog in heat shall be confined in a building or secure enclosure in such a manner that such female dog cannot come into contact with another animal except for planned breeding.
- It shall be unlawful for the owner or keeper of any dog which has bitten a person as to cause an abrasion of the skin to fail, refuse, or neglect to allow, or in any way prevent an examination of such dog by a licensed veterinarian upon the request of an animal control officer, a police officer, or appropriate health official, or to fail, refuse, neglect to allow or in any way prevent such dog from being impounded for quarantine.
Section 4: Humane Treatment of Animals
It shall be unlawful for any person to:
- Overdrive, overload or drive any animal when overloaded. Overwork, torture, cruelly beat, mutilates or needlessly kill, carry or transport in any vehicle or other conveyance in cruel and inhuman manner any animal, or cause any of these acts to be done.
- Fail to provide any animal in his charge or custody with necessary sustenance, drink, and protection from the elements, or cause any of these acts to be done.
- Maintain any place where fowls or any animals are suffered to fight upon exhibition or for sport upon any wager.
- Intentionally exhibit any stud, horse, or bull in an indecent manner, or let any male animal to any female animal for the purpose of providing entertainment or viewing to any person.
Section 5: Complaint Processes
- It shall be unlawful for any owner, possessor or keeper of any animal to permit said animal to become a public nuisance as defined in Section 2-D, or to treat any animal inhumanely as set forth in Section 4.
- No summons and complaint shall be issued for any violation of this sections unless there are at least two (2) or more complaining witnesses from separate households who have contracted a member of town council or the mayor.
- The complaint must be in writing, signed and submitted to a member of the town council or the mayor. A member of the town council will contact the individual to see if the situation can be remedied. This will be considered the first warning. The second warning will be issued if the situation persists. The third complaint will result in contacting the appointed agent of the Town of Fayette and impounding the animals.
Section 6: Penalties
- Impoundment and Violation Notice. Animals taken by enforcement officers will be impounded. An impoundment fee of $25.00 per animal will be charged to the keeper plus $10.00 for each day the animal is impounded after the day the animal is taken, in addition to fees charged by the boarder of the animals. These fees are in addition to any civil or criminal judgment and must be paid prior to the release of the animal(s).
- Animal cruelty and inhumane treatment complaints will be referred to the county sheriff’s department.
- Unless otherwise specifically provided, every person whose animal violates any provision of this chapter is guilty of a Class C misdemeanor.
Section 7: Disposal of Dead Animals
The Town Council of the Town of Fayette has and does hereby find that there is a need to regulate the disposal of dead animals. Provisions are made within the Utah State Code for such a regulation to exist.
Be it Ordained: That A Dead Animal disposal regulation shall be created within the Town of Fayette.
It is hereby provided that:
- Within the Town limits animal owner shall dispose of dead animals where they cannot be smelled or seen.
- If an animal or fowl dies or has been killed within the town limits the owner has 48 hours to remove, bury or otherwise dispose of the carcass. Be it provided that no horse, cow, ox, sheep or other large animal be buried within the close proximity of the inhabited portions of the town. If left unattended and a complaint is received, the town council of the Town of Fayette has the authority to assess an initial fine of $500, with an additional fine of $100 per day until the animal is removed. A violation of this section constitutes a class C misdemeanor.
The Town Council may contract with any individual, company or agency for the enforcement of the civil or criminal provisions of this ordinance. It shall be a violation of this ordinance to interfere with any individual so designated who is in the act of enforcing this ordinance. In the absence of such a contract, the Town Council will look to the appropriate County agency for enforcement
At the moment John D Bown (435) 610-6544 is Animal Enforcement Officer. Please call him or a member of the town council or mayor.