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Santaquin City Zoning Code

10.64 ANIMAL

RIGHTS

10.64.010 OBJECTIVES AND CHARACTERISTICS

The purpose of this chapter is to provide animal rights for the enjoyment of city residents while protecting the rights of adjoining property owners and ensuring the peaceful enjoyment of their property ownership. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)

10.64.020 SCOPE

This chapter regulates animal rights in all zones in Santaquin. (Ord. 11-02-2003, 11-19-2003, eff. 11-20-2003)

HISTORY
Amended by Ord. 10-03-2021 on 10/5/2021

10.64.030 EXISTING RIGHTS

Existing nonconforming animal rights shall remain valid until such time as the rights are abandoned for twelve (12) consecutive months. If and when this occurs, the rights associated with such properties are removed and the property is again subject to the provisions of this chapter. (Ord. 11-02-2003, 11-19-2003, eff. 11-20-2003)

10.64.040 LEASH LAW (RESERVED)

(Rep. by Ord. 08-01-2007, 8-15-2007, eff. 8-16-2007)

10.64.050 NUISANCE

Any animal which does any of the following shall be deemed a nuisance:

  1. Causes damage to property.
  2. Causes unreasonable fouling of the air by odors.
  3. Is vicious or wild.
  4. Makes disturbing noises excessively.
  5. Molests, bites, or attacks other animals or people.
  6. Is sick due to neglect, abuse, or similar condition. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)

10.64.060 MITIGATION OF NUISANCE

In addition to any of the remedies and/or penalties provided in this code, a duly authorized agent of the city may take any of the following actions as deemed appropriate under existing conditions:

  1. Summarily abate such nuisance.
  2. Impound.
  3. Reduce or eliminate the nuisance as necessary. (Ord. 08-01-2007, 8-15-2007, eff. 8-16-2007)

10.64.070 CARE, CLEANLINESS, AND IMMUNIZATIONS (RESERVED)

(Rep. by Ord. 08-01-2007, 8-15-2007, eff. 8-16-2007)

10.64.080 RIGHTS GRANTED BY THIS CHAPTER

  1. Legal Nonconforming Animal Rights: Lots containing animal rights which are legally nonconforming, or which hereby become legally nonconforming, with regards to property size or the presence of animal rights shall maintain those rights herefrom in the nature of which they were permitted, unless abandoned or discontinued as provided in SCC 10.28.010.
  2. General Rights Granted: The rights granted according to this overlay are the pasturing, care, and keeping of domesticated animals (excepting hogs, or other closely related animals) for exclusive use and enjoyment of the residing family. These rights are not subject to forfeiture, abandonment or discontinuance except as outlined in SCC 10.64.150, the city's animal control provisions, or as determined by a court of competent jurisdiction. (Ord. 09-01-2012, 9-5-2012, eff. 9-6-2012)
  3. Household Pets: Small animals and fowl may be kept as household pets in all zones subject to the following conditions:
    1. Animals or fowl must be kept in pens, or otherwise secured, unless housed within the dwelling unit.
    2. No more than three (3) cats and no more than three (3) dogs, excluding dependent young under six (6) months of age, shall be kept subject to animal provisions of SCC Title 5. The Planning Commission may grant a conditional use permit to allow more than the above cats and dogs upon an applicant's demonstration that all Title 5 standards applicable to the number and type of animals will be met and there will be compliance with all nuisance regulations. Conditional Use Permits under this part may not be approved for multi-family or attached single family residences.
    3. All pens, coops, and structures shall be kept clean and free from objectionable odor. (Ord. 5-06-2015, 6-3-2015, eff. 6-4-2015)
  4. Farm Animals:
    1. Lots Of Less Than Fourteen Thousand Three Hundred Seventy Five Square Feet: Lots of less than fourteen thousand three hundred seventy five (14,375) square feet or one-third (1/3) acre shall not contain animal rights as outlined in this chapter.
    2. Lots Of Fourteen Thousand Three Hundred Seventy Five Square Feet Or More: Lots with fourteen thousand three hundred seventy five (14,375) square feet or one-third (1/3) acre or more shall maintain animal rights in all zones in accordance with the number of animals allowed per paragraph D.3. However, multi-family dwellings shall be prohibited from having farm animals or fowl on property.
    3. Number Of Farm Animals Allowed: The number of farm animals or fowl permitted shall be governed by the following schedule except that dependent young may be kept in addition to the following numbers:

      Farm Animals
      Points
      Large: Pastured Horse
      100
      Large: Stabled, corralled or penned Horse
      30
      Medium: Goat Llama Sheep
      10
      Small: Chinchilla Rabbits
      2.5

      Agricultural Zones Only
      Points
      Cows
      50
      Mink
      5
      Pigs
      200

      Fowl
      Points
      Large: Emu Ostrich Turkey
      10
      Medium: Ducks Geese
      5

      Household Fowl Permitted In All Zones
      Points
      Chickens
      5
      Small: Doves Finches Pheasants Pigeons
      2

      Agricultural Zones Only
      Points
      Rooster
      20
      1. Each property is allowed one hundred (100) points for farm animals and another one hundred (100) points for fowl per acre. Points for farm animals and fowl are given on a prorated basis starting at one-third (1/3) acre (e.g., 1/2 acre [50 points], 2/3 acre [66 points], 1 acre [100 points], 11/3 acre [133 points], etc.).
      2. Any combination of large, medium and small animals shall be permitted on any lot one-third (1/3) acre or larger as long as the point total is not greater than allotted for that lot size.
      3. Animals shall be considered "pastured" if no humanely constructed animal shelter is provided or supplementary feed provided during the growing season.
      4. One large farm animal may be kept per pastured acre with no more than one large farm animal per one-third (1/3) acre if stabled.
      5. Three (3) medium farm animals may be kept per one-third (1/3) acre.
      6. Small farm animals shall be considered household pets, unless their numbers exceed more than four (4) of any one type of animal on any lot, of which a larger amount may be allowed based on the prorated size of the lot and the points allotted for small farm animals over one-third (1/3) acre.
      7. Large and medium fowl are only permitted on lots one-third (1/3) acre or larger and on a prorated amount based on lot size and points allotted for each fowl type.
      8. Chickens will not be considered as household pets or farm animals. Chickens will be allowed on any residential lot based on the prorated size of the lot and the points allotted for chickens. One acre is allotted one hundred (100) points.
      9. Small fowl or birds will not be considered as household pets or farm animals. Small birds will be allowed on any residential lot based on the prorated size of the lot and the points allotted for small fowl. There is a maximum limit of fifty (50) small fowl per lot.
      10. A minimum of two (2) acres is required for each pig and any associated pens or enclosures must be located at least an additional twenty feet (20') further than required setbacks from neighboring dwellings and properties. Pigs, roosters, cows and mink are only allowed in agriculture zones of the city and based on the allotted points for each animal.
  5. Temporary Animal Care:
    1. Parcels for single-family dwelling uses, where persons are engaged in projects involving temporary animal care through state recognized schools or clubs (e.g., 4-H, FFA) are temporarily exempt from the minimum parcel size requirement during such pursuits. Size and number of animals allowed shall be in accordance with paragraph D.3.a. All other standards pertaining to enclosure locations and nuisance regulations shall still apply.
    2. If an education sponsored project includes a large farm animal (e.g., hogs, horses, cows, llamas, etc.) being kept on a parcel intended for or occupied by a single-family dwelling, the person raising such animals must notify all occupied households within two hundred feet (200') of the project property prior to commencing project. Such notice must include:
      1. A description of the project duration and animals involved,
      2. The club or education group for which the project is being conducted,
      3. Contact information for the education club or program advisor, and
      4. Contact information for the project participant and their responsible parent or guardian where applicable,
      5. Contact information for the Santaquin City community development.
    3. Applicant must first contact community development prior to commencing project with applicable information. Temporary animal care for education sponsored projects may not exceed ten (10) months. The animal must be removed at the end of the school year. The permit may be renewed annually. A maximum of two (2) animals from paragraph D.3 per permit. (Ord. 09-01-2012, 9-5-2012, eff. 9-6-2012)
HISTORY
Amended by Ord. 09-01-2012 on 9/5/2012
Amended by Ord. 05-06-2015 on 6/3/2015
Amended by Ord. 10-03-2021 on 10/5/2021

10.64.090 STRUCTURES

  1. Animal stables shall have a minimum of one hundred fifty (150) square feet of floor area per large farm animal. Other structures, including barns, pens, stables, coops, feeding areas, and corrals, shall be constructed adequately and of sufficient nature to accommodate the total number of animals to be located on the property. All such construction shall be properly inspected and approved by the city building official in accordance to this code.
  2. No barns, pens, stables, shelters, feeding bins, or water bins shall be constructed closer than forty feet (40') from any existing dwelling.
  3. No barns, pens, stables, shelters, feeding bins, water bins or corrals shall be constructed closer than thirty feet (30') from any public street. Corrals and pasture areas larger than one acre may be adjacent to a public street except as indicated in the fencing standards below.
  4. Structures shall not be constructed closer than thirty feet (30') to any open waterway that drains into a natural stream.
  5. All coops or hutches must be in the rear yard of the primary residence and ten feet (10') from any property line. (Ord. 09-01-2012, 9-5-2012, eff. 9-6-2012)
HISTORY
Amended by Ord. 09-01-2012 on 9/5/2012

10.64.100 FENCING STANDARDS

Any fencing utilized for the corralling, penning, or holding of animals, including household pets, shall be of sufficient durability, strength, and design so as to prevent any encroachment or damage by such contained animals upon adjacent properties. Fencing shall be set back a minimum of five feet (5') when fronting a sidewalk. Animal fencing which consists of electrical barriers or barbed strands may not be used except where customary for agricultural animal retention. (Ord. 09-01-2012, 9-5-2012, eff. 9-6-2012)

HISTORY
Amended by Ord. 09-01-2012 on 9/5/2012

10.64.110 DRAINAGE

Animal waste runoff from paddocks, stables, pasture, or other enclosures must be contained by the animal owner so not to contaminate residential water resources, public rights of way, adjacent property, nor drain into a waterway, including irrigation ditches, that drain into a natural stream, onto roads, or to adjoining property. (Ord. 09-01-2012, 9-5-2012, eff. 9-6-2012)

HISTORY
Amended by Ord. 09-01-2012 on 9/5/2012

10.64.120 KENNELS

  1. Objectives Of Kennels: The purpose of this section is to provide guidelines and regulations to govern the occurrence of kennels within the city. (Ord. 11-02-2003, 11-19-2003, eff. 11-20-2003)
  2. Inspections, Fees, Permits, And Revocations:
    1. Duly authorized agents of the city may inspect animal habitats and restraints to ensure compliance with this overlay.
    2. Kennels may not operate without first obtaining a city business license, and all necessary permits, approved by the city council.
    3. License fees shall be established by resolution of the city council.
    4. Violation of any provision of this overlay shall result in immediate suspension of license and permits, as applicable, and the city council shall consider action to revoke such license and permits. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)

10.64.130 FORBIDDEN USES

  1. The following animals are not permitted in any applicable zone: (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)
    1. No "vicious animal", as such is defined in this code, shall be kept or possessed in any nonagricultural zone, however, this paragraph shall not apply to any animal kept or possessed in the city as part of any rodeo, circus, etc., for less than ten (10) days. (Ord. 08-01-2007, 8-15-2007, eff. 8-16-2007)
  2. Processing and rendering, unless specifically permitted within the applicable zoning classification, are not permitted. (Ord. 11-02-2003, 11-19-2003, eff. 11-20-2003)

10.64.140 RESTRAINTS (RESERVED)

(Rep. by Ord. 08-01-2007, 8-15-2007, eff. 8-16-2007)

10.64.150 PENALTY

  1. Penalty: Violating any provision of this chapter shall be punishable as stipulated in the Utah state code, by imprisonment as stipulated in the Utah state code, or by both such fine and imprisonment as well as those penalties outlined in SCC 1.16.010 and the Uniform Fine Schedule as amended from time to time. Each day that said violation is not mitigated will be considered a separate violation.
  2. Impounding: Duly authorized agents of the city may indefinitely impound animals which are nuisances or which have been treated cruelly. Owners shall be liable for any impounding and/or capture fees. (Ord. 2-01-2002, 2-5-2002, eff. 2-5-2002)
  3. Loss Of Privilege: Any and all of the rights conferred on the owners of property by this chapter shall be forfeited upon the third conviction and/or violation of:
    1. any provision of this chapter; or
    2. any violation of SCC 5;

      within any twelve (12) month period. A forfeiture of right pursuant to this section shall not run with the property. (Ord. 08-01-2007, 8-15-2007, eff. 8-16-2007)
HISTORY
Amended by Ord. 10-03-2021 on 10/5/2021

10-03-2021

09-01-2012

05-06-2015