As used in this chapter, unless the context otherwise indicates, the following words shall mean:

ADMINISTRATIVE APPEAL OFFICER: The individual appointed or designated to hear appeals related to this chapter. In the absence of an appointed officer, the mayor shall be the administrative appeal officer.

ANIMAL: Any animal that may be legally kept. 

ANIMAL CONTROL OFFICER: Any employee of the Cache County Sheriff’s Office (CCSO) tasked with acting pursuant to Nibley City’s contract with the CCSO regarding animal control; or, any person appointed or designated as animal control officer by the Nibley City Manager or City Council.

ANIMAL UNDER RESTRAINT: Animal shall at all times be under restraint, except as may otherwise be provided herein. An animal shall only be deemed under restraint if controlled or confined by a leash, cage or pen, inside a vehicle, inside a residence, confined within a secure fence structure, or secured by a restraint such that the animal cannot get loose.

ATHLETIC FIELD: Any surface designated specifically for an athletic activity. Including fenced in athletic fields (softball, baseball, tennis, pickleball) or any field painted or designated with lines.

AT LARGE: Means any animal that is off the premises of the owner, keeper, or custodian and is not within the immediate presence or within reasonable control of such owner, keeper, or custodian.

ATTACK: An approach to a person or animal by an unrestrained animal in a dangerous, terrorizing or threatening manner or apparent attitude of attack, without the animal having been teased, molested, provoked, tortured, beaten, or otherwise harmed.

BITE: An actual puncture, tear, or abrasion of the skin inflicted by the teeth of an animal.

BODILY INJURY: means physical pain or impairment of physical condition.

CONTROL: Means an owner, keeper, or custodian has an animal on a leash, lead rope, harness or other such means or that the owner, keeper, or custodian has an animal in such proximity as to be under the effective voice control of such owner, keeper, or custodian.
DANGEROUS ANIMAL: Any animal with a propensity, tendency or disposition to cause injury or to otherwise endanger the safety of human beings or domestic animals. A bite is not necessary to show this propensity.  No animal shall be considered dangerous until such time as it has been so deemed by the Nibley City Justice Court, according to the provisions contained herein. For purposes of this Chapter, “dangerous” and “vicious” shall be interchangeable. 

DOG: Any male, neutered male, female or spayed female dog of any age.

DOG OF LICENSING AGE: Any dog which has been weaned or attained the age of six (6) months.

DOMESTIC ANIMAL: Means any animal commonly kept as a pet in family households in the United States, including, but not limited to, dogs, cats, guinea pigs, rabbits, and hamsters; and any animals commonly kept for companion or commercial purposes.

DOMESTICATED ANIMAL: Any animal identified as a permitted under NCC 19.34 “Animal Land Use Regulations”.

HARBOR: Includes any act of sheltering or providing a home for an animal, or two (2) or more acts of feeding an animal.

IMPOUNDED: Having been received into the custody of the city pound or into the custody of any authorized agent or representative of the city.

LEASH: Any chain, rope, or lead used to restrain an animal.

NUISANCE: Means anything that is injurious to health, indecent, offensive to the senses, or an obstruction to the free use of property, so as to interfere with the comfortable enjoyment of life or property, as defined by Utah Code Annotated § 78B-6-1101. PERSON RESPONSIBLE FOR AN ANIMAL: Means and includes:

1.  The owner of an animal,
2. Any person harboring an animal on a constant or continuous basis for one week or more;
3. Any agent of the owner charged with the care of the animal;
4. Any person residing with the owner and present at a time when the owner is absent and the animal commits a violation of this title; or

Any person having the care, custody or control of an animal.

POUND: An animal shelter, lot, premises or buildings maintained by or authorized or employed by the city for the confinement or care of dogs seized either under the provision of this chapter or otherwise.

QUARANTINE: The isolation of an animal in a substantial enclosure so that the animal is not subject to contact with other animals or unauthorized persons.

SERVICE ANIMAL: An animal which is individually trained to perform tasks to assist a person with disabilities, regardless of whether they have been licensed or certified by a state or local government. this does not include emotional support, therapy or comfort animals.

STRAY: Any animal for which no person responsible may be found.

UNCONFINED: If such animal is not securely confined indoors, or confined in a securely enclosed and locked pen or structure upon the premises of the registered owner or caretaker of the animal. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded in the ground no less than two feet (2'). An animal that is securely locked in a motor vehicle belonging to the owner or caretaker shall be considered confined for purposes of this section.

UNLICENSED DOG: A dog for which the license for the current year has not been paid, or to which the tag provided for in this chapter is not attached.

VICIOUS/DANGEROUS ANIMAL: Any animal that approaches any person or domesticated animal in apparent attitude of attack or threat, that bites, inflicts injury, assaults, or otherwise attacks a human being or domesticated animal, or that has a propensity, tendency, history, or disposition to cause injury or to otherwise endanger the safety of human beings or domestic animals. A bite is not necessary to show this propensity. There is a rebuttable presumption that all wild animals are vicious animals. For purposes of this Chapter, “dangerous” and “vicious” shall be interchangeable.
WILD ANIMAL: Any animal of a species which is by and large not domesticated, regardless of whether, in a specific case, a particular animal of the species is or is not domesticated. Such animals include, among others: 

• Alligators, crocodiles, and caiman
• Bears
• Cat family. All cats including cheetahs, cougars, leopards, lions, lynx, panthers, mountain lions, tigers, and wildcats; except the commonly accepted domesticated cats.
• Dog family. All dogs including wolves, foxes, coyotes, and wild dingoes; except the commonly accepted domesticated dogs. (Any dog crossbred with a wild animal as described above shall be considered to be a wild animal.)
• Porcupines
• All subhuman primates
• Raccoons
• Skunks
• Venomous snakes or lizards
• Venomous fish and piranha
• Weasels. All weasels including martens, wolverines, badgers, otters, ermines, mink, and mongooses; except the commonly accepted domesticated ferrets.
• Offspring of any animal, including, but not limited to, dogs and cats, crossbred with a wild animal shall be considered a wild animal.

WORRY: To harass by tearing, snapping, chasing, biting, shaking with the teeth or other similar threatening actions.

Any fees referenced herein including, but not limited to, fees for licensing, court fees, and impound fees, shall be established by resolution of the City Council and shall be due and payable to Nibley City.

Animal Control Fine Schedule: See current approved Consolidated Fee Schedule

1. Created: The position of animal control officer is hereby created.
2. Duties: The animal control officer shall perform the following duties:
   1. Carry out and enforce the provisions of this chapter, NCC 13.16.040 and NCC 19.34.
   2. Take into his possession and impound all strays running at large and dispose of the same as hereinafter provided.
   3. Enforce the licensing of and control all dogs within the city as hereinafter provided.
   4. File complaints in the courts against any person failing to comply with the provisions of this chapter and obtain licenses when required thereunder.
   5. Capture and secure all dogs found running at large contrary to the provisions of this chapter and impound such dogs in a humane manner.
   6. Provide for a good and sufficient pound in which all animals duly committed to his charge or otherwise impounded by him shall be maintained.
   7. Enter a description thereof in records kept for that purpose stating the kind of animal, the circumstance under which received or impounded, and a description thereof sufficient to provide identification, the costs expended for the maintenance of the animal and amounts received arising out of maintenance or sale of animals.
3. Interference With Animal Control Officer Prohibited: It shall be unlawful for any person to interfere, molest, hinder or obstruct the animal control officer or any of his authorized representatives in the discharge of their duties as herein prescribed.
4. Lawful To Go On Premises: In the enforcement of any provision of this chapter, any police officer and the animal control officer or his deputies are authorized to enter the premises of any person or entity to take possession of any fierce, stray, dangerous or vicious dog or other animals, unattended, at large, or dogs or other animals which shall commit an act prohibited by city ordinance. Entry on and into said premises is permitted when a dog or other animal, whether registered or unregistered, goes onto or into private property and as otherwise provided by this chapter and by law.

The City Council may contract with an adjoining municipality or with the county for the purpose of providing suitable premises and facilities to be used by the city as the animal pound. It shall be maintained in some convenient location and shall be sanitary and so operated as to properly feed, water and protect the animals from injury.

1. License Required: It is unlawful for any person to keep, harbor or maintain any dog six (6) or more months old unless such dog has been registered and licensed in the manner herein provided.
2. Application; Information:
   1. Application for registration and licensing shall be made to Nibley City or its designee.
   2. Each application shall state at the time application is made for such license the owner's name and address, the sex, breed and color of each dog owned or kept by the applicant.
3. Issuing Authority: A dog license shall be issued by Nibley City or its designee.
4. Fee For License: No dog license shall be issued until the fee as established by resolution on the Consolidated Fee Schedule of the city council is paid.
5. Date Due; Penalty: The fee due and payable pursuant to this section shall be due March 1. Any owner of a dog found not to be registered and licensed shall be subject to an infraction and associated fine as established by resolution on the Consolidated fee Schedule.
6. Newly Acquired Dogs: The owner of any newly acquired dog of licensing age or of any dog which attains licensing age shall make an application for registration and license within thirty (30) days after such acquisition or dogs attain the above stated age.
7. Kennel License
   1. The following conditions must be met prior to the issuance of a kennel permit:
      1. The applicant must provide proof that the outdoor area in which all dogs are kept is completely fenced in.
      2. Housing of dogs: Dogs must be either kept completely indoors during the hours of 10:00 PM and 7:00 AM or kept in an outdoor shelter, which includes a roof of solid structure, setback at least 10 feet from all property lines and 30 feet from any structures outside of the lot in which it is located.
      3. Adequate shade and shelter from the elements shall be provided for all dogs kept outdoors.
      4. Fee: No kennel license shall be issued unless the provisions of NCC 19.34, titled “Animal Land Use Regulations” are met. Authorized kennel licenses shall pay an annual license fee, in addition to required registration fees.
8. Term Of License: Dog licenses shall be valid for one year from due date.
9. Rabies Certificate: All dogs are required to keep and maintain current rabies vaccination in order to be licensed with Nibley City. As part of registration and licensing of dogs, dog owners shall be required to provide Nibley City with a certificate demonstrating that the dog’s rabies vaccination is current.
10. Exceptions:
    1. Service Animals, as defined in NCC 19.34.020 shall not be assessed annual license fees for the service animal
11. License Tag:
    1. Issuance: Upon payment of the license fee, the city recorder shall issue to the owner a license certificate and a metallic tag for each dog so licensed. Once issued, a tag is valid until the dog is no longer registered with Nibley City. Every dog owner shall provide each dog with a collar to which the license tag shall be affixed. It shall be unlawful to deprive a registered dog of its collar and/or tag.
    2. Duplicate Tag: In case a dog tag is lost or destroyed, a duplicate will be issued by Nibley City upon presentation of a receipt showing the payment of the license fee for the current year and a payment for each duplicate as established by resolution of the City Council.
    3. Tag Not Transferable: Dog tags shall not be transferable from one dog to another, and no refunds shall be made on any dog license fee because of death of the dog or the owner leaving the city before expiration of the license period.
       

Nibley City incorporates, by fact and by reference, and does hereby prohibit, those acts and omissions prohibited by Utah Code § 76-9-301, and all pertinent subsections thereto, Utah Code, 1953, titled “Cruelty to Animals”.

1. Unlawful To Own And Possess: It is unlawful for any person to sell, offer for sale, barter, give away, keep or purchase any "wild animal", as defined in this title, or any animal which is fierce, dangerous, noxious or naturally inclined to do harm, except the animal shelter, a zoological park, veterinary hospital, humane society shelter, or facility for education or scientific purposes may keep such an animal if protective devices adequate to prevent such animal from escaping or injuring the public are provided.
2. Whenever a prosecution for this offense is commenced under this section, the animal so involved may not be redeemed, pursuant to the provisions of this chapter, while awaiting final decision of the court as to the disposition to be made of such animal.
3. Disposition After Conviction Of Offense: Upon the trial of any offense under this section, the court may, upon conviction and in addition to the usual judgment of conviction, order the animal control officer or other authorized personnel of the city to put the dog to death or may order such other disposition of the dog as will protect the inhabitants of the city.
   

1. Any person may make a complainant of an allege vicious/dangerous animal as that term is defined herein to the animal control officer or a police officer of the City. Such officer(s) shall immediately inform the complainant of his right to commence a judicial hearing as provided for in Subsection B of this section, and if there is reason to believe the animal is a "dangerous" animal, the officer shall forthwith commence such judicial hearing himself.
2. Any person may, and any police officer, or animal control officer acting within the scope of his statutory duties, shall make a complaint under oath or affirmation of an alleged vicious/dangerous animal as that term is defined herein to any municipal judge or justice. Thereupon, the judge or justice, shall immediately determine if there is probable cause to believe the animal is a dangerous/vicious animal and, if so, shall issue an order to any police officer pursuant to his statutory duties or animal control officer directing such officer to immediately seize such animal and hold same pending judicial determination as herein provided. Whether or not the judge or justice, finds there is probable cause for such seizure, he shall, at the next available court date, and upon written notice of not less than three (3) days to the owner of the animal, hold a judicial hearing on the complaint.
3. Where an animal is determined pursuant to clear and convincing evidence at a duly constituted hearing to be “vicious/dangerous", the judge or justice, shall require the owner of said animal to register such animal with the City, and to provide prompt notification to the City of any changes in the ownership of the animal; names, addresses and telephone numbers of new owners; any change in the health status of the animal; any further instance of attack; any claims made or lawsuits brought as a result of further instances of attack, or the death of the animal.
   
   The owner must, at the time of licensing, provide proof of a fully paid homeowners or rental insurance policy containing a personal liability clause in the minimum amount of three hundred thousand dollars ($300,000.00). The City must be listed on the policy as an additional insured. In addition, the owner shall comply with all of the following:
   1. Kept in Enclosure, Muzzle, Exercise. It shall be unlawful for any owner or person responsible for a dangerous animal to allow the animal to be outside of its secure enclosure unless it is either confined indoors in the custodian's dwelling or building, or unless it is necessary for the animal to receive veterinary care, in which case the animal shall be properly leashed and, in the case of a dog which has been designated as a dangerous animal, muzzled with a properly fitted muzzle. Nothing in this section shall prohibit necessary exercise for a dangerous animal provided that it is in the immediate presence of a custodian capable of controlling the animal, and provided the animal is in non-public property within a secure fence or enclosure from which it cannot escape, and which prevents entry by small children.
   2. Confinement. Except when leashed, muzzled and under direct physical control, a dangerous animal shall be securely confined indoors or confined in a locked pen or other secure enclosure that is suitable to prevent the entry of children and is designed to prevent and actually prevents the animal from escaping. The enclosure shall include shelter and protection from the elements and shall provide adequate exercise room, light and ventilation. The enclosed structure shall be kept in a clean and sanitary condition and shall meet the following requirements:
      1. The enclosure must have secure sides and a secure top;
      2. The enclosure must have a bottom permanently attached to the sides, or the sides must be securely embedded not less than two (2) foot into the ground;
      3. The enclosure shall have a concrete pad for a base, with said pad to be at least 4 inches deep;
      4. The enclosure must be of such material and closed in such a manner that the animal cannot exit the enclosure on its own;
      5. The enclosure shall be placed as close as practicable to the Owner's dwelling or building with a separate perimeter fence so that it prevents the animal from coming in contact with passersby or children, and may not be located in the front or side yard of a dwelling or other building and shall not be closer than ten feet from a property line; and
      6. The enclosure shall be placed within a continuous perimeter fence which shall be at least six feet in height where the law and private property covenants and restrictions allow, shall be maintained in good repair, shall be constructed in a way so as to prevent the ready entry or exit of animals, and shall prevent the entry of small children who are not of the custodian's family. The enclosure may not be part of or attached to the perimeter fence.
   3. Signs. All persons responsible for dangerous animals shall display in a prominent place on their premises, durable, all-weather signs easily readable by the public, at a distance of not less than ten (10) feet using the words "Beware of Dangerous Animal“ on all gates to the yard in which the animal is kept and doors to the home through which guests might reasonably be expected to enter, and on all sides of the property which abut a public right of way.
      1. All signs shall be 18 inches high and 24 inches wide.
      2. All signs shall be purchased by the owner of the dangerous animal and reviewed for acceptance by the City prior to placement on the owner’s property.
      3. The City Code Enforcement Officer shall be the authority determining compliance with the provisions of this section.
   4. Marking. The owner or keeper shall, at his own expense, provide for a permanent identification of a designated dangerous or vicious animal using the following method:
      1. Microchip: The owner or keeper shall have the vicious animal microchipped and registered by a licensed veterinarian. The owner or keeper shall provide the city with proof of microchipping, including the name and business address of veterinarian, receipt or invoice documenting the procedure, the name of the microchip company, and the unique microchip identification number assigned to the animal, which information shall be noted on the city licensing files for such vicious animal. If the microchip registration allows additional information to be included with the registration, the owner or keeper shall include a statement that the animal is vicious.
   5. Failure to Comply. It shall be unlawful and a misdemeanor for any owner or custodian of a dangerous animal to fail to comply with the requirements and conditions set forth in this section. Any animal found to be in violation of this section shall be subject to immediate seizure and impoundment. In addition, failure to comply with the requirements and conditions set forth in this ordinance shall result in the revocation of the license/permit providing for the keeping of such animal.
   6. No More than One Dangerous Animal. In no event shall a person be allowed to keep any other domesticated or dangerous animals if the person has a dangerous animal.
   7. Other Conditions. A court may impose other conditions on the keeping of a dangerous animal including but not limited to maintaining additional liability insurance and/or surety bonds, training of animals or custodians, and sterilizing the animal.
   8. Registering Dangerous Animals. Any owner or caretaker of a dangerous animal shall register with Nibley City the following minimal information: name, address and telephone number (including work phone numbers), of all responsible parties relating to the animal, to be updated annually. This will also include breed, sex, color, weight, and age of animal, and the type and associated number of the tattoo or microchip.
   9. Notification. The owner or caretaker shall notify Nibley City or its designated authority immediately if a dangerous animal is loose, unconfined, has attacked another animal or has attacked a human being, or within twenty four (24) hours if the animal has died or has been sold or has been given away. If the animal has been sold or given away, the owner or caretaker shall provide the police department or its designated authority with the name, address and telephone number of the new owner, who must comply with the requirements of this chapter, provided the animal continues to be kept within the boundaries of the city.
   10. Minor Owner. In the event that a minor is the owner or caretaker of a dangerous animal, the parent or guardian of that minor shall be responsible for compliance with the specifications of this ordinance for the care and housing of the animal and shall also be liable for all violations of this chapter and for all injuries and property damage sustained by any person or animal caused by an unprovoked attack by the dangerous animal.
   11. Vaccinations. All dangerous animals shall obtain all appropriate vaccinations for the particular species as it relates to the health, safety and welfare of the citizens of the city.
4. Remedies. Notwithstanding the above requirements, the judge or justice may, considering the best interest of public safety and wellness, order the person owning, sheltering, harboring or keeping a dangerous animal to remove it from the city or to cause it to be destroyed in a humane manner in accordance with NCC 9.02.100.
5. If an animal has been determined to be a "dangerous animal" by a judge or justice following a hearing as described above, and is involved in another attack initiated by the dangerous animal against a human being or another domesticated animal, the judge or justice shall order the humane destruction of the animal.
6. Duty to Report. Any person having knowledge of an animal biting or attacking a human or another domesticated animal shall report such bite or attack to law enforcement or the City.
7. Law Enforcement Dangerous Animal Exemption. Properly licensed dogs owned and used by law enforcement agencies shall be exempt from Dangerous Animal regulations and requirements.

1. Destruction of Animal: An order to destroy a dangerous animal shall only be issued by the mayor, Sheriff or chief of police, or court of competent jurisdiction, if the reviewing officer finds that the animal poses a threat to the health and safety of people or property and that the destruction of the animal is reasonably necessary to prevent such threat. In determining whether the destruction of the animal is reasonably necessary, the officer shall consider:
   1. whether the animal has previously been determined to be vicious; or
   2. whether the animal caused property damage or severe injury to or death of a human being or domesticated animal; or
   3. whether the owner or keeper of the animal has previously failed to comply with this chapter or any order issued thereunder, and there is no good cause for such noncompliance.
2. Capture Not Feasible: If the capture of a dangerous or wild animal cannot be accomplished in order for a hearing to be conducted without serious risk or harm to the law enforcement, animal control, or other authorized officer, and the animal poses a significant threat to the health and safety of the public, the officer shall issue and sign a statement, under penalty of perjury of the State of Utah, to that effect and transmit such statement to the mayor, who may then authorize the destruction of the animal, where found, by the safest and most appropriate and humane means available. Nothing herein shall prevent any person from killing an animal as set forth in NCC 9.02.160 or as otherwise authorized by law.

1. Rabies Vaccination Required: It shall be unlawful for the owner of any dog to suffer, allow or permit such dog to be or go upon any sidewalk, street, alley, public place or square within the city without first having had such dog vaccinated against rabies, as provided in subsection B of this section, within the past two (2) years, and without there being on such dog a collar or harness with a license tag thereon showing that such dog has been so vaccinated. 
   
2. Vaccination By Licensed Veterinarian; Exception: Every owner of any dog over the age of six (6) months within the city shall have the dog vaccinated against rabies by a duly licensed veterinarian, shall secure from the veterinarian a certificate thereof, and shall attach to the collar or harness, which such person is hereby required to place upon the dog, a tag showing that such vaccination has been done; provided, that the city council may, by resolution, provide that the owners of any dog may themselves purchase serum and vaccinate their own dogs. The resolution shall also prescribe the conditions with which the owner must comply to obtain the tag herein required. 
   
3. Reporting Of Rabid Animals: Anyone having knowledge of the whereabouts of an animal known to have or suspected of having rabies shall report the fact immediately to the health officer. The health officer shall likewise be notified of any person or animal bitten by a rabid or suspected rabid animal. 
   
4. Biting Animal Quarantined: Any dog or other animal of a species subject to rabies which is known to have bitten or injured any person so as to cause an abrasion of the skin shall be placed in confinement under observation of a veterinary hospital or the city pound and shall not be killed or released until at least fourteen (14) days after the biting or injury has occurred in order to determine whether or not the animal has rabies. If the animal dies or has been killed, its head shall be removed and immediately taken to the state health laboratory to be examined for rabies. 
   
5. Bitten Animal Quarantined: Any animal of a species subject to rabies which has been bitten by a known rabid animal or has been in intimate contact with a rabid animal shall be isolated in a suitable place approved by the animal control officer for a period of one hundred twenty (120) days or destroyed.
   

No animal shall be allowed to be at large or to be herded, picketed or staked out upon any street, sidewalk or other public place within the limits of the city, and all such animals so found may be impounded. Nothing herein contained shall be so construed as to prevent any person from driving cows, horses, mules or other animals from outside the city limits to any enclosure within the city limits or from any enclosure in the city to a place outside the city or from one enclosure to another within limits of the city.

1. Unlawful Acts: It shall be unlawful:
   1. For the owner or keeper of any dog to permit such dog to be at large.
   2. For the owner or keeper of any dog to permit such dog to go upon or be upon the private property of any person without the permission of the owner or person entitled to the possession of such private property.
   3. For the owner or keeper of any dog to permit such dog to be on the owner’s or the keeper’s property outside of a building or structure without securing the dog or property by fence, barrier, leash, cord, chain, or other similar restraint such that the dog is prevented from being at large, unless the owner or keeper has actual physical control over the dog by command and the dog strictly obeys the commands.
   4. It is unlawful for any owner, keeper, or custodian of a dog to permit, directly or indirectly, such dog to run at large where, while at large, such dog is a nuisance and causes bodily injury to any individual who has not provoked the dog in a manner that caused the dog to injure the individual.
2. Violation Regardless Of Precautions: The owner of any dog at large in violation of this section shall be held strictly liable for such violation, regardless of the precautions taken to prevent the escape of the dog and to prohibit it from running at large and regardless of whether the dog damages, harms, or injures any person, animal, or property.
3. Declared Nuisance: Any dog at large in violation of the provisions of this section may be declared to be a nuisance and a menace to the public health and safety, and the dog may be taken up and impounded as provided in this chapter.

1. Disposition Of Dead Animals; Violation: The owner of any animal or fowl that has died or been killed shall remove or bury the carcass of such animal within ten (10) hours after its death; provided, that no horse, cow, ox or other animal shall be buried within City limits.
2. Diseased Animals: It shall be unlawful for any person to bring into the city for sale or have in his possession with intent to sell or offer for sale, any animal which has a communicable disease or which has been exposed to or which is liable to carry infection from a communicable disease.
3. Diseased Animals For Human Consumption: It shall be unlawful for any person to bring into the city for sale or to sell, or offer for sale any cattle, sheep, swine, fish, game, fowl or poultry which is diseased, unsound, and unwholesome or which for any other reason is unfit for human food.
4. Female Dogs In Heat: The owner of a female dog in heat shall cause such dog to be penned or enclosed in such a manner as to preclude other dogs from attacking such female dog or being attracted to such female dog so as to create a public nuisance. Any dog found in violation of the provisions of this subsection is hereby declared to be a nuisance and a menace to the public health and safety, and the dog may be taken up and impounded as provided in this chapter.
5. Harbor Stray Dogs: It shall be unlawful for any person to harbor or keep within the city any lost or stray dog. Whenever any dog shall be found which appears to be lost or stray, it shall be the duty of the finder to notify the city recorder or animal control officer, who shall impound such animal for running at large contrary to the terms of this chapter. If there shall be attached to such dog a license tag for the then current fiscal year, the animal control officer shall notify the person to whom such license was issued, at the address given on the license.
6. Loud Animals: No person shall own, keep or harbor any animal which by loud, continued or frequent barking, baying, crying, lowing, whining, howling, yelping, meowing, or by any other noxious or offensive noise shall annoy, disturb or endanger the health, peace, and welfare of any person or neighborhood for an extended period of time. Such extended period of time shall consist of either of incessant noise for thirty (30) minutes or more or intermittent noise for sixty (60) minutes or more during any twenty four (24) hour period. Civil or criminal citations may be issued to owners and keepers of an animal that makes noise in violation of this chapter that the enforcing officer did not see or hear based upon a complaint signed under penalty of perjury lodged by a member of the community who has been disturbed by the animal. All complainants must clearly identify themselves by stating their name, address, and telephone number. The complainant shall complete a noise log provided by the City, which describes the offense, the date, time, place and duration of the offense, and if known, the name of the animal’s owner, the owner's address and telephone number, and a description of the animal. The log shall be signed by the complainant under penalty of perjury under the laws of the state of Utah. After receiving a completed barking log, the responding officer or agency shall determine the validity of the complaint and if the complaint is determined to be valid, shall issue a written warning, if it is a first time offense. The owner of the animal shall be granted a ten (10) day correction period to resolve the issue prior to issuance of a citation. The following circumstances do not constitute a violation of this section:
   1. Noise generated by animals at the city dog pound or other location authorized by the city for the keeping and impoundment of animals, veterinary hospitals, or medical laboratories.
   2. Noise generated by an animal due to a person is trespassing or threatening to trespass upon private property in or upon which the animal is situated;
   3. Noise generated by an animal that is being teased or provoked by a person or animal; and
   4. Noise generated by an animal that is working or being kept in connection with an active agricultural operation.
7. Trespassing Animals: It shall be unlawful for any owner or caretaker of any domestic fowl or animal to permit such fowl or animal to trespass upon the premises of another person.
8. Dogs in Prohibited Places: Dogs are prohibited at Firefly Park and on the interior of painted athletic fields.

1. Duty Of Official To Impound: It shall be the duty of every police officer, animal control officer, or other designated official to apprehend any animal found in violation of this chapter and to impound such animal in the pound or other suitable place.
2. Impoundment of Dangerous Animal:
   1. An animal alleged to be dangerous or displaying dangerous tendencies, or if the animal is suspected to be in violation of any other provision of this chapter, or if the animal is a wild animal, may be seized and impounded if:
      1. the animal is at large; or
      2. the officer determines that probable cause exists that the animal poses a threat to the health and safety of human beings or domesticated animals; or
      3. the officer determines that the owner or keeper of the animal has failed to comply with a lawful order related to the animal; or
      4. the officer obtains a warrant.
   2. An officer who impounds an animal alleged to be dangerous or displaying dangerous tendencies shall file a petition to designate the animal as a dangerous animal under NCC 9.02.080.
   3. Any animal impounded under this subsection shall not be released to the owner, but shall continue to be held at the expense of the owner pending the outcome of the dangerous animal hearing and all appeals. All costs of such impoundment or quarantine shall be paid by the owner if the animal is determined to be dangerous or in violation of this chapter. If the animal is not determined to be dangerous or in violation of this chapter, all costs of such impoundment or quarantine shall be paid by the city. The animal may be released upon payment of a bond or surety, in an amount set by the city council.
   4. It shall be the duty of the owner or person having custody or control of any dangerous or vicious animal, upon request, to assist in the capture of such animal.
3. Registry of Impounded Animals: The animal control officer, or other designated official, upon receiving any animal, shall make a complete registry, entering the breed, color and sex of such animal and whether, if necessary, the animal is licensed. If licensed, they shall enter the name and address of the owner and number of the license.
4. Interference With Impounding Prohibited: It shall be unlawful for any person to hinder, delay, interfere with, or obstruct an officer engaging in seizing, capturing, securing, or taking to the animal pound any animal or animals liable to be impounded, or to break open or in any manner directly or indirectly aid, counsel or advise the breaking open of any animal pound or ambulance, wagon or other vehicle used for the collecting or conveying of animals to the animal pound.
5. Records Maintained: The animal control officer shall keep a record of each animal impounded by him, the date of receipt of such animal, the date and manner of its disposal and, if redeemed, reclaimed or sold, the name of the person by whom redeemed, reclaimed or purchased, the address of such person, the amounts of all fees received or collected for or because of the impounding, reclaiming or purchasing thereof, together with the number of any tag and the date of any tag exhibited or issued upon the redemption or sale of such animal.
6. Notice of Impoundment: The impounding officer or the animal control officer shall notify the owner of an impounded animal of the impoundment and the redemption and release procedures and requirements as soon as practicable after impoundment. If the owner of the animal is not known, notice of the impoundment of the animal shall be posted publicly by reasonable means, such as by posting on a publicly accessible website or physical posting at a public location.
7. Redemption Of Impounded Animals: Any animal impounded as a licensed or unlicensed animal may be redeemed and taken from such pound by the owner or any authorized person upon exhibiting to the animal control officer or person having charge of said pound a certificate of registry, as provided in subsection A of this section, showing that the license imposed by this chapter has been paid for such animal, a receipt showing that all fines imposed for violation of this chapter have been paid, and upon paying the person in charge of the pound an impounding fee as established by resolution of the city council for each and every day such animal shall have been impounded. All impounded animal not redeemed within five (5) days:
   1. Handled per an approved contract with an animal holding facility; or
   2. May be sold for the best price obtainable at either private or public sale, and all monies received from such sales shall be paid daily to the city treasurer. All animals that are not sold or redeemed in the required time shall be disposed of in a humane manner.
8. Disposition Of Unclaimed Or Infected Animals: All impounded animals not redeemed within five (5) days of the date of impounding may be destroyed or sold to the person first making written request for purchase at such price as may be deemed agreeable. Dangerous animals that are impounded may be destroyed pursuant to NCC 9.02.100. In the case of animals severely injured or having contagious disease other than rabies and which in the animal control officer's judgment are suffering and recovery is doubtful, the animal control officer may destroy the animal without waiting the five (5) day period, provided that, before destroying the animal the officer shall obtain the opinion of a veterinarian, or of two reputable citizens called to view the animal in the officer’s presence, or shall obtain consent to the destruction from the owner of the animal.

1. Unlawful: It shall be unlawful for the owner or keeper of any animal, except for animals used by law enforcement officers and agencies, to allow such animal to attack, chase or worry any person, any domestic animal, any species of protected wildlife or domestic fowl, or to trespass upon or damage property not under the ownership or control of the owner or keeper of the animal.
2. Defense: It shall be a defense to liability under this section if the following circumstances apply.
   1. The animal was properly confined on the owner’s or keeper’s premises; or
   2. The animal was defending human beings, domestic animals, or other property, and the animal’s actions were reasonable and proportionate in relation to the threat to such human beings, domestic animals, or other property.
3. Owner Liability: The owner in violation of subsection A of this section, shall be strictly liable for violation of this section. In addition to being subject to prosecution under subsection A of this section, the owner of such animal shall also be liable in damages to any person injured or to the owner of any animals injured or destroyed thereby.
4. Animals May Be Killed: Any person may kill an animal while it is committing any of the acts specified in subsection A of this section or while such animal is being pursued thereafter.
5. Animals May Be Impounded: An animal committing or who committed any of the acts specified in subsection A of this section may be impounded as set forth in NCC 9.02.150.

The owner or any person having control over or charge of any animal shall be responsible for the clean-up, removal, and proper disposal of any feces deposited by such animal in any public place, including, but not limited to, sidewalks, streets, planting strips, parking lots, parks, recreational areas, on private property not in the ownership or control of the person having control or purporting to have control over or charge of such animal, or in any drinking water source protection zone and any other place that may befoul or pollute any spring, stream, well, watershed area, or water source used for culinary water.

1. The city may enforce violations of this chapter through both civil administrative citation and criminal remedies, either separately or concurrently. The administrative process set forth herein shall not be construed as a limitation on the city’s right to prosecute violations of this chapter as a criminal matter.
2. Any person violating any section of this chapter shall be guilty of an infraction and subject to penalty as provided in the current approved Consolidated Fee Schedule and as set forth in NCC 1.08.010.
3. It is unlawful for any person to violate any section or subsection within this Chapter, pertaining to an individual’s animal, where the City has imposed a fine on the individual for violating the same provision on three prior occasions within the previous 12 months and each of the three prior violations involve the same animal as the current violation. A violation of this subsection is a class B misdemeanor and upon conviction, shall either be fined an amount not to exceed the amount permitted by Utah Code Annotated § 76-3-301 or be imprisoned in the county jail for not more than six (6) months, or shall receive both such fine and imprisonment

Except insofar as the application thereof is clearly impractical or inappropriate, in view of the context of purposes or penalty as provided, all of the definitions, requirements, regulations, prohibitions, provisions and sections of the Utah criminal code (title 76), as amended, are hereby adopted by the city. Any and all violations thereof shall be considered violations of this chapter, and each such violation shall subject the violator thereof to penalty provisions under this chapter if proceeded hereunder.

1. Findings, Policy: The city council finds that it is in the best interest of the city and the citizens thereof to establish a uniform curfew ordinance because it:
   1. Provides a clear message about appropriate norms for youth in our community;
   2. Provides clear boundaries and supervision;
   3. Reduces crime;
   4. Provides parents with an extra tool to keep children safe, as youths who are off the streets at night are less likely to be victims of crimes; and
   5. Provides police more resources through this written ordinance to fight crime in our community.
2. Prohibited Acts:
   1. It is unlawful for any minor under eighteen (18) years of age to remain or loiter in any of the sidewalks, streets, alleys or public places in the city between ten thirty o'clock (10:30) P.M. and five o'clock (5:00) A.M. immediately following, from Sunday evening through Friday morning.
   2. It is unlawful for any minor under eighteen (18) years of age to remain or loiter in any of the sidewalks, streets, alleys or public places in the city between twelve o'clock (12:00) midnight and five o'clock (5:00) A.M. immediately following, from Friday evening through Sunday morning.
   3. It is unlawful for any parent, guardian or other person having legal care and custody or any minor under eighteen (18) years of age to allow or permit any such minor to remain or loiter on any of the sidewalks, streets, alleys or public places in the city, within the times provided in subsections B,1 and B,2 of this section, except as provided in subsection B,4 of this section.
   4. The provisions of subsections B,1 through B,3 of this section shall not apply when the minor under the age of eighteen (18) is:
      1. Married;
      2. Accompanied by a parent, guardian or other adult person having care of such minor;
      3. Returning home from, going to or being in attendance at any religious or school function, organized dance, theater, sports event or other such associational activity; provided however, that going to or from such activity shall be by a direct route and within a reasonable time of the commencement or termination of such event;
      4. Engaged in a legitimate emergency errand;
      5. Engaged in a legitimate employment and can produce evidence of such employment; or
      6. In a motor vehicle engaged in normal travel, while traveling to, from or through the city on an interstate trip.

1. Definitions: As used in this section, the following words and terms shall have the meanings ascribed to them in this subsection:
   
   COMPULSORY SCHOOL AGE MINOR: A person between six (6) and eighteen (18) years of age that is not exempted and must be attending a public or regularly established private school during the school year of the district in which the minor resides pursuant to Utah compulsory education requirements, Utah Code §§ 53A-11-101 through 53A-11-106.
   
   EMERGENCY: An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.
   
   ESTABLISHMENT: Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.
   
   GUARDIAN:
   1. A person who, under court order, is the guardian of the person of a minor; or
   2. A public or private agency with whom a minor has been placed by a court.
   OPEN CAMPUS: When a compulsory school age minor is allowed by school officials to leave school for lunch purposes.
   
   OPERATOR: Any individual firm, association, partnership or corporation operation, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.
   
   PARENT: A person who is:
   1. A natural parent, adoptive parent or step-parent of another person; or
   2. At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.
   PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common area of schools, hospitals, apartment houses, office buildings, public property and shops.
   
   REMAIN: To:
   1. Linger or stay; or
   2. Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.
   SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.
   
   TRUANCY HOURS: Those hours in which a compulsory school age youth should be attending school in the district or jurisdiction in which the student attends school.
2. Offenses:
   1. Compulsory School Age Minor: A compulsory school age minor commits an offense if he remains in any public place or on the premises of any establishment within the city during truancy hours.
   2. Parent Or Guardian: A parent or guardian of a minor commits an offense if he knowingly permits, or by insufficient control allows a compulsory school age minor to remain in any public place or on the premises of the establishment during truancy hours.
   3. Owner, Operator Or Employee Of Establishment: The owner, operator or any employee of an establishment commits an offense if he knowingly allows a compulsory school age minor to remain upon the premises of the establishment during truancy hours.
3. Defenses:
   1. It is a defense to prosecution under subsection B of this section that the minor was:
      1. Accompanied by the minor's parent or guardian;
      2. On an errand at the discretion of the minor's parent or guardian, without any detour or stop;
      3. In a motor vehicle involved in interstate or intrastate travel with permission of the minor's parent or guardian;
      4. Engaged in an employment activity, or going to or returning home from an employment activity, without any detour or stop;
      5. Involved in an emergency;
      6. Following school policy regarding open campus for lunch;
      7. Attending an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor, or going to or returning home from, without any detour or stop, an official school, religious or other recreational activity supervised by adults and sponsored by the city, a civic organization or another similar entity that takes responsibility for the minor;
      8. Exercising first amendment rights protected by the United States constitution, such as the free exercise of religion, freedom of speech and the right of assembly; or
      9. Married or had been married or had disabilities of minority removed in accordance with state law.
   2. It is a defense to prosecution under subsection B of this section that the owner, operator or employee of an establishment promptly notified the police department that a "compulsory school age minor" was present on the premises of the establishment during truancy hours and the minor refused to leave.
4. Enforcement: Before taking any enforcement action under this section, a police officer shall ask the apparent offender's age and reason for being in the public place. The officer shall not issue a citation or make an arrest under this section unless the officer reasonably believes that an offense has occurred and that based on any response and other circumstances, no defense in subsection C of this section is present.
5. Penalty: A person who violates a provision of this section is guilty of a class C misdemeanor, and a separate offense for each day or part of a day during which the violation is committed, continued or permitted. Each offense, upon conviction, is punishable by a fine as listed on the current approved Consolidated Fee Schedule.
   

For the purposes of this chapter, the following words shall have the following meanings:

AUTHORIZED RECEPTACLE: A public or private litter storage and collection receptacle.

CHILD: Any non-emancipated person, male or female, under the age of eighteen (18) years.

COMMERCIAL HANDBILL: Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter or literature:

1. Which advertises for sale any merchandise, product, commodity or thing;
2. Which directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest in sales thereof;
3. Which directs attention to or advertises any meeting, theatrical performance, exhibition or event of any kind, for which an admission fee is charged for the purpose of private gain or profit. However, the terms of this clause shall not apply where an admission fee is charged or a collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order; provided, that nothing contained in this clause shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition or event of any kind without a license, where such license is or may be required by any law of this state, or under any ordinance of the city; or
4. Which, while containing reading matter other than advertising matter is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes or for the private benefit and gain of any person so engaged as advertiser or distributor.

EMANCIPATED: Any person either eighteen (18) years of age or older, or if under the age of eighteen (18) any person who is married or has been married; or any person who is in active military service; or any person who is both self-supporting and neither resides with nor is subject to parental control.

EMERGENCY: An unforeseen combination of circumstances or the resulting state that calls for immediate action. The term includes, but is not limited to, a fire, natural disaster, an automobile accident, or any situation requiring immediate action to prevent serious bodily injury or loss of life.

ENFORCEMENT AGENT: Any person or department designated by the city to enforce the provisions of this chapter.

ESTABLISHMENT: Any privately owned place of business operated for a profit to which the public is invited, including, but not limited to, any place of amusement or entertainment.

EXCESSIVE NOISE: Any noise which, due to its volume, duration or location, unreasonably annoys, disturbs, injures or endangers the comfort, repose, health, peace or safety of others within City limits, or Sound Levels exceeding either 65 dBA or dBC measured at the building setback from the affected property line or public right of way most proximate to the noise source.

GARBAGE: Waste from the preparation, cooking or consumption of food, condemned food products and all refuse and waste from the handling, storage, preparation and sale of produce. Garbage originates primarily in kitchens, stores, markets, restaurants, hotels and other places where food is handled, stored, sold, cooked and consumed.

GRAFFITI: The unauthorized spraying of paint or markings of ink, chalk, dye or other similar substances on public and private structures.

GUARDIAN:

1. A person who, under court order, is the guardian of the person of a minor; or 
2. A public or private agency with whom a minor has been placed by a court.
   

LITTER: "Garbage", "refuse" and "rubbish", as defined herein, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety, welfare or appearance of the city.

NEWSPAPER: Any newspaper of general or local circulation or any periodical or current magazine regularly published with not less than four (4) issues per year and sold to the public.

NONCOMMERCIAL HANDBILL: Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definitions of a "commercial handbill" or "newspaper".

OBLITERATE: To conceal from view any condition which is considered a violation of this chapter which is visible from the street or from any other public property, or which is visible from private property whose owner thereof has requested the removal of the condition which is considered a violation of this chapter.

OPEN CAMPUS: When a compulsory school age minor is allowed by school officials to leave school for lunch purposes.

OPERATOR: Any individual firm, association, partnership or corporation operation, managing or conducting any establishment. The term includes the members or partners of an association or partnership and the officers of a corporation.

OWNER: Any person, who alone or jointly or severally with others:

1. Has legal title to any premises, dwelling or dwelling unit, with or without accompanying actual possession thereof; or
2. Has charge, care or control of any premises, dwelling or dwelling unit, as legal or equitable owner, agent of the owner, lessee, or is an executor, executrix, administrator, administratrix, trustee or guardian of the estate of the owner.

PARENT: A person who is:

1. A natural parent, adoptive parent or step-parent of another person; or
   
2. At least eighteen (18) years of age and authorized by a parent or guardian to have the care and custody of a minor.
   

PARK: A park, reservation, playground, beach, recreation center or any other public area in the city, owned or used by the city.

PERSON: Any individual, public or private corporation and its officers, partnership, association, firm, trustee, executor of an estate, the state or its departments, institution, bureau, agency, municipal corporation, county, city, political subdivision, or any legal entity recognized by law.

PROPERTY: Any form of real property, including a habitable structure or any structure that is appurtenant thereto, object, or anything that is visible or tangible, specifically including, but not limited to, hedges, automobiles, trucks, fences, walls, water and storage tanks, or any other object that can be defaced with graffiti.

PUBLIC PLACE: Any place to which the public or a substantial group of the public has access and includes, but is not limited to, streets, highways and the common area of schools, hospitals, apartment houses, office buildings, public property and shops.

REFUSE: Putrescible and nonputrescible solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals and solid market and industrial wastes.

REMAIN: To:

1. Linger or stay; or
2. Fail to leave premises when requested to do so by a police officer or the owner, operator or other person in control of the premises.
   

RUBBISH: Nonputrescible solid wastes consisting of both combustible and noncombustible waste, such as paper, wrapping, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.

SERIOUS BODILY INJURY: Bodily injury that creates a substantial risk of death or that causes death, serious permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ.

SOUND LEVEL: The quantity in decibels (dB) measured with an instrument satisfying requirements of American National Standard Specification for Type 1 Sound Level Meters S1.4-1971. Fast time-averaging and either A- or B- frequency weighting may be used.

VEHICLE: Every device in, on or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively on stationary rails or tracks.

1. Curfew:
   1. It is unlawful for any minor under eighteen (18) years of age to remain or loiter in any of the sidewalks, streets, alleys or public places in the city between twelve o'clock (12:00) midnight and five o'clock (5:00) A.M. except as provided herein.
   2. It is unlawful for any parent, guardian or other person having legal care and custody or any minor under eighteen (18) years of age to allow or permit any such minor to remain or loiter on any of the sidewalks, streets, alleys or public places in the city, within the times provided in subsection 1 of this section, except as provided in subsection 3 of this section.
   3. The provisions of subsections 1 and 2 of this section shall not apply when the minor under the age of eighteen (18) is:
      1. Married or otherwise emancipated;
      2. Accompanied by a parent, guardian or other adult person having care of such minor;
      3. Returning home from, going to or being in attendance at any religious or school function, organized dance, theater, sports event or other such associational activity; provided however, that going to or from such activity shall be by a direct route and within a reasonable time of the commencement or termination of such event;
      4. Engaged in a legitimate emergency errand;
      5. Engaged in a legitimate employment and can produce evidence of such employment; or
      6. In a motor vehicle engaged in normal travel, while traveling to, from or through the city on an interstate trip.
2. Truancy. For purposes of this section, Nibley City adopts and incorporates, by reference, those terms, policies and provisions related to truancy, as defined and outlined in Compulsory Education Requirements, Utah Code § 53A-11-1, 1953, as amended.

1. Excessive Noise Prohibited: It is unlawful for any person to make, continue, or cause to be made, or allow to be made Excessive Noise in violation of NCC 7.16.
2. Construction or Repair of Buildings: No construction or repair of buildings, including site excavation and grading, shall take place between the hours of ten o’clock (10:00) p.m. and seven o’clock (7:00) a.m., except in case of urgent necessity in the interest of public health and safety and with the permission of the Public Works Director.
3. No gasoline or diesel engines, chainsaws and/or other woodcutting equipment capable of producing Excessive Noise, or gasoline or electric powered lawn care equipment, or like equipment shall be used between the hours of ten o’clock (10:00) p.m. and seven o’clock (7:00) a.m. in any residential area, regardless of the underlying zoning district.
4. Exceptions: The prohibitions against disturbing the peace as set out in this section shall not apply to the following:
   1. Emergency work;
   2. A governmental agency acting within the scope of its functions (e.g.: snow removal);
   3. Utility work performed by employees of utility companies within the hours permitted for construction set out in this chapter;
   4. Such other work or activities as may be authorized by the City Planner, Public Works Director, or the City Manager.
5. Unlawful Assembly: It is unlawful for two (2) or more persons to assemble together for the purpose of disturbing the peace or for the purpose of committing an unlawful act and not to disperse upon the command to do so by an officer. It is unlawful for any person, except public officers and persons assisting in preserving the peace, to remain present at the place of such lawful assembly.
6. Injury to Property: It is unlawful for any person to willfully or maliciously destroy, injure, deface, mutilate, remove, pull down, break, or in any other manner interfere with public property; or any real or personal property belonging to, or under the control of, any person, or any public entity.

1. It shall be unlawful for any person owning or occupying property within the city, after receiving written notice from the City, to fail to remove or obliterate any graffiti, as defined in this chapter, from or on any structure located upon any property within the city, when the graffiti is visible from the street or other public property, or which is visible from private property whose owner thereof has requested the removal of the condition which is considered a violation of this chapter.
2. Abatement: Grafitti, as defined in this chapter, is hereby declared to be a nuisance and abatement procedures shall be followed as outlined by City policy.
   

1. Placement In Receptacles: Persons placing litter in authorized receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements on any street, sidewalk or other public place or on private property. Where authorized receptacles are not provided, such litter shall be carried away from the public place or private property and properly disposed of elsewhere, as provided herein
2. It is unlawful for any person to willfully or negligently throw from any vehicle or from any other location, or to place or deposit upon or along any street, alley, public thoroughfare, or public property, or private property, both vacant and developed, without the consent of the owner, any debris, paper, litter, glass, can, nail, tack, wire, trash or garbage, lighted material or other waste substance.
3. No vehicles shall be driven or moved on any city right of way unless the vehicle is so constructed, loaded or covered as to prevent any of its load from dropping, sifting, leaking or otherwise escaping therefrom.
4. No vehicle loaded with garbage, swill, cans, bottles, wastepapers, ashes, refuse, trash, rubbish, waste, paper, cartons, manure, or any other material susceptible to blowing or bounding from a moving vehicle, shall be moved or driven on a city right of way unless the load is contained and covered with a sufficient cover to prevent the load or any part of it from spilling, blowing, sifting, or otherwise leaving the vehicle and being deposited onto the right of way or the surrounding property.
5. No person owning or occupying a place of business shall sweep into or deposit in any street or other public place, the accumulation from any building or lot or from any public or private sidewalk or driveway on or adjacent to the location of said business, nor shall said person allow litter to accumulate on the property of said business
6. No person shall operate any vehicle so as to track or drop mud, stones, gravel, dirt, sand or other similar material on any city street, alleyway, or other municipal right of way except as provided in subsection D of this section.
7. Lakes And Fountains: No person shall throw or deposit litter in any fountain, pond, lake, stream or any other body of water in a park or elsewhere within the city.

1. No person or business shall post, stick, stamp, paint or otherwise affix, or cause the same to be done by any person, any notice, placard, bill, card, poster, advertisement or other paper or device calculated to attract the attention of the public upon any sidewalk, curb or any other portion or part of any public way or public place or any lamppost, electric light, telegraph, telephone or railway structure, hydrant, shade tree or tree box, or upon the columns, trusses, girders, railings, gates or other parts of any bridge or other public structure or building, or upon any pole, box or fixture of the fire alarm or police telegraph system, except such as may be authorized or required by the laws of the United States or state, and the ordinances of the city.
2. Throwing Or Distributing In Public Places: No person shall throw or deposit any commercial or noncommercial handbill in or on any sidewalk, street or other public place within the city nor shall said handbills be deposited in or on any vehicle; provided, however, that it shall not be unlawful on any sidewalk, street or other public place for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person or occupant of a vehicle willing to accept it.
3. Prohibiting Distribution Where Properly Posted: No person shall throw, deposit or distribute any commercial or noncommercial handbill on any private premises, if requested by anyone thereon not to do so or if there is placed on said premises in a conspicuous position near the entrance thereof a sign being the words "No Trespassing", "No Peddlers or Agents", "No Advertisements", or any similar notice, indicating in any manner that the occupants of the premises do not desire to be molested or to have their right of privacy disturbed or to have any such handbills left on such premises.
4. Distributing At Private Premises:
   1. No person shall throw, deposit or distribute any commercial or noncommercial handbill in or on private premises which are inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or on such private premises.
   2. In case of inhabited private premises which are not posted, as provided in this section, and where no person is present on said premises, a person may place or deposit any such handbill in or on such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets or other public places, and except that mailboxes may not be so used when prohibited by federal postal law or regulations.
   3. No person shall throw or deposit any commercial or noncommercial handbill in or on any private premises which are temporarily or continuously uninhabited or vacant.
5. Exception For Mail And Newspapers: The provisions of this chapter shall not apply to the distribution of mail by the United States, nor to newspapers, except that newspapers shall be placed on private property in such a manner so as to prevent their being carried or deposited by the elements on any street, sidewalk or other public place or on private property.

1. Failure to comply with the provisions of this ordinance shall result in the following:
   1. First Offense. The first offense shall result in a written warning by the Cache County Sheriff‘s Office and said warning shall be kept on record with the Cache County Sheriff’s Office and with Nibley City.
   2. Second Offense. The second offense shall result in an infraction, with such penalties as may be prescribed in NCC 1.08.010.
   3. Subsequent Offenses. The third and all subsequent offenses shall result in a Class C misdemeanor citation, with such penalties as may be prescribed in NCC 1.08.010.