CHAPTER 1

ANIMAL CONTROL

SECTION:

6-1--1:		Title
6-1--2:		Definitions
6-1--3:		General Provisions
6-1--4:		Animal Control Officer
6-1--5:		Dog Licensing And Requirements
6-1--6:		Rabies Control
6-1--7:		Kennels
6-1--8:		Regulations And Requirements
6-1--9:		Administration And Enforcement
6-1-10:		Penalty !2R!

6-1-1:		TITLE:

This chapter shall be entitled the ANIMAL CONTROL ORDINANCE OF ORANGEVILLE CITY, UTAH, and may be so cited and pleaded. (1987 Code § 6-1-1.1)

6-1-2:		DEFINITIONS:

As used in this chapter, the following terms are defined as follows:

!DEF! ANIMAL: Any live vertebrate creature, domestic or wild.

ANIMAL CONTROL OFFICER: A person or persons designated by the city to enforce the provisions of this chapter, including the collection of licensing and permit fees and the performance of other delineated duties.

ANIMAL SHELTER: Any facility operated by a humane society, or municipal agency, or its authorized agents for the purpose of impounding or caring for animals held under the authority of this chapter or state law.

AUCTIONS: Any place or facility where animals are regularly bought, sold or traded, except for those facilities otherwise defined in this chapter. This section does not apply to individual sales of animals by owners.

CIRCUS: A commercial variety show featuring animal acts for public entertainment.

COMMERCIAL ANIMAL ESTABLISHMENT: Any pet shop, grooming shop, auction, riding school or stable, zoological park, circus, performing animal exhibition or kennel.

EUTHANASIA/HUMANE KILLING: Killing by any instantaneous and/or painless method.

GROOMING SHOP: A commercial establishment where animals are bathed, clipped, plucked or otherwise groomed.

LICENSED DOG: A dog which has been licensed in Orangeville City by paying for and obtaining license tags in Orangeville City as set forth in this chapter.

LICENSING AUTHORITY: Orangeville City by and through its city recorder, city treasurer or animal control officer.

LIVESTOCK1: Cows, horses, pigs, sheep and any other animal commonly kept for its meat, hide, milk, eggs, hair or fur, or for riding purposes; not including dogs, cats or animals commonly used as pets.

OWNER: Any person, partnership or corporation owning, keeping or harboring one or more animals, or any said person, partnership or corporation who allows another person, partnership, or corporation to keep or harbor one or more animals. An animal shall be deemed to be harbored if it is fed or sheltered for three (3) consecutive days or more.

PERFORMING ANIMAL EXHIBITION: Any spectacle, display, act or event, other than circuses, in which performing animals are used.

PET: Any animal kept for pleasure rather than utility.

PET SHOP: Any person, partnership or corporation, whether operated separately or in connection with another business enterprise, except for a licensed kennel that buys, sells or boards any species of animal other than livestock or farm animals.

PUBLIC NUISANCE OR NUISANCE ANIMAL: Any animal or animals which engage in the following conduct is declared a public nuisance:

A. Molests passersby or passing vehicles by chasing, attacking or threatening to attack the same; provided, however, that mere barking from the owner's property shall not be considered molesting.

B. Attacks other animals;

C. Trespasses on school grounds;

D. Is repeatedly at large (other than cats);

E. Damages private or public property (including scattering garbage from garbage cans and depositing excreta on such property);

F. Barks, whines or howls in an excessive, continuous or untimely fashion.

RABIES VACCINATION: Any dog which has a valid current immunization against rabies administered through a duly authorized and qualified veterinarian and/or any dog which has been certified by a duly authorized and qualified veterinarian as having a current immunization against rabies.

RESTRAINT: 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 owner.

RIDING SCHOOL OR STABLE: Any place which has available for hire, boarding, and/or riding instruction, any horse, pony, donkey, mule or burro.

VETERINARY HOSPITAL: Any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis and treatment of disease and injuries of animals.

VICIOUS ANIMAL: Any animal or animals that constitute a physical threat to human beings or other animals.

WILD ANIMAL: Any raccoon, skunk, fox, poisonous snake, lion, lynx or other warm blooded animal which can normally be found wild in the state.

ZOOLOGICAL PARK: Any facility, other than a pet shop or kennel, displaying or exhibiting one or more species of nondomesticated animals operated by a person, partnership, corporation or government agency. (1987 Code § 6-1-1) !DEFEND!

6-1-3:		GENERAL PROVISIONS:

A. Animals May Be Kept In City; Conditions:

1.	Animals and fowl may be kept within the city limits subject to compliance with the provisions of this chapter and all applicable statutes, ordinances or regulations relative to the care and keeping of animals.

2.	Animal owners or keepers must comply with the following conditions of animal ownership, and the city may require, as a condition of licensing, such owners or keepers to sign a contract agreeing to comply with such conditions:

a.	Animals shall be restrained or confined as required by law.

b.	Animals shall be humanely treated at all times.

c.	Vaccinations, licenses and permits shall be obtained as required by law.

d.	Animal premises shall be kept sanitary, and shall not constitute a fly breeding reservoir, a source of offensive odors, or of human or animal disease.

e.	Animals and animal premises shall not be permitted to disturb the peace or constitute a public nuisance or hazard. (1987 Code § 6-1-1.2)

B.	Care Of Animals:

1.	No owner shall fail to provide his animals with sufficient good and wholesome food and water, proper shelter and protection from the weather, veterinary care when needed to prevent suffering, and with humane care and treatment.

2.	No person shall beat, cruelly ill treat, torment, overload, overwork, or otherwise abuse an animal, or cause, instigate or permit any dogfight, cockfight, bullfight, or other combat between animals or between animals and humans.

3.	No owner of an animal shall abandon such animal.

4.	No person shall crop a dog's ears, except when a licensed veterinarian issues a signed certificate that the operation is necessary for the dog's health and comfort, and in no event shall any person except a licensed veterinarian perform such an operation.

5.	Any person who, as the operator of a motor vehicle, strikes a domestic animal shall stop and render such assistance as may be reasonably possible and shall immediately report such injury or death to the animal's owner. In the event the owner cannot be ascertained and located, such operator shall at once report the accident to the appropriate law enforcement agency or to the animal control officer.

6.	No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal; provided, that it shall not be unlawful for a person to expose on his own property common rat poison mixed only with vegetable substance.

7.	No animal shall be unreasonably confined. (1987 Code § 6-1-1.3)

C.	Animals At Large: No cattle, horses, mules, sheep or goats shall be allowed to run 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. (1987 Code § 6-1-1.4)

6-1-4:		ANIMAL CONTROL OFFICER:

A. Appointed: There is hereby created the office of animal control officer. The mayor, with the advice and consent of the city council, shall appoint one or more persons to act as the animal control officers of the city. The person(s) so appointed shall have the powers and duties as set forth in subsection B of this section.

B.	Powers And Duties: Animal control officers shall have the following duties and powers:

1.	Enforce the provisions of this chapter.

2.	See that all dogs and dog kennels in the city required to have a license or permit shall comply with this chapter. (1987 Code § 6-1-2)

3.	Collect the carcasses of dead animals from the streets and elsewhere in the city and deliver them to the Emery County landfill. (Ord. 2012-3, 7-12-2012)

4.	Issue licenses required hereunder and collect fees therefor and keep an accurate account of all monies collected by him and from whom collected for all animal licenses, kennel permits and for any other services rendered by him in his capacity as animal control officer, and to present said funds to the city treasurer no more than three (3) days following the collection.

5.	Keep a register showing the breed, sex and color of each animal impounded, and date and reason for such impounding. (1987 Code § 6-1-2)

6-1-5:		DOG LICENSING AND REQUIREMENTS:

A. Licensed Required: Any person owning, keeping, harboring or having custody of any dog over six (6) months of age within the city must obtain a license. (Res. 4-2-92, 4-2-1992)

B.	Application For License:

1.	Application for licenses shall be made to the animal control officer or other person or persons designated by the city council for issuing of licenses, within fifteen (15) days after obtaining a dog six (6) months of age or older.

2.	The name and address of owner, description of the dog, the appropriate fee and rabies certificate issued by a licensed veterinarian or anti-rabies clinic shall be presented at the time of issuance. (1987 Code § 6-1-3)

C.	Fee For License; Duplicate License:

1.	A license shall be issued after payment of the applicable annual fee in such amount as established by resolution of the city council.

2.	A duplicate license may be obtained upon payment of a replacement fee in such amount as established by resolution of the city council.

D.	License Period; Renewals: Licenses for the keeping of dogs shall be valid for the calendar year in which it is purchased. Thereafter the licensing period shall begin with the calendar year and shall run for one year. Renewal of a license for the coming year may be made thirty (30) days prior to, and up to sixty (60) days after the start of the calendar year. Persons who fail to obtain a license within the time specified herein will be subject to a late fee in such amount as established by resolution of the city council. This fee shall be in addition to the license fee. (1987 Code § 6-1-3; amd. 2004 Code)

E.	City To Maintain Record Of Licenses: The city licensing authority shall maintain a record of the identifying numbers of all tags issued and shall make this record available to the public.

F.	License Not Transferable: No person may use any license for any other animal other than the animal for which it was issued.

G.	Tags Required To Be Worn: Upon acceptance of the license application and fee, the animal control officer shall issue a durable tag stamped with an identifying number and the year of issuance. Said tag shall be fastened or riveted to the animal's collar or harness. Dogs must wear identification tags or collars at all times when off the premises of the owners. (1987 Code § 6-1-3)

H.	Running At Large Prohibited:

1.	It shall be unlawful for the owner or keeper of any dog, whether registered according to this chapter or not, to permit said dog to run at large at any time within the limits of this city, and the owner of any dog found running at large shall be deemed to 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. (Res. 1-14-93A, 1-14-1993)

2.	It shall be the duty of the animal control officer to apprehend and impound any dog found running at large within the limits of the city; and 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.

I.	Fierce Vicious Or Dangerous Dogs: It shall be unlawful for any person to harbor, keep, own or possess a rabid, dangerous, vicious or mischievous dog within the limits of the city, and such dog is hereby declared to be a nuisance. In the event that such dog is running at large within the limits of the city, an animal control officer may summarily impound a vicious dog which is an immediate danger to humans or domesticated animals. If the animal control officer cannot, gain control of the vicious animal, the officer or any police officer is authorized to destroy or cause to be destroyed such dog wherever it may be found. If a vicious dog is impounded without the knowledge of the owner or custodian, notice that the dog has been impounded shall be given to the owner or custodian of the dog, if the same is known, by attaching a notice to door at the residence thereof or by mailing a notice thereto. In addition to any fine which may be imposed, any person convicted of harboring or keeping a rabid, dangerous, vicious or mischievous dog within the limits of the city shall immediately cause such dog to be removed from the city limits. In the event such dog is not immediately removed from the city limits by the owner or keeper, an animal control officer shall destroy such dog. In the discharge of his duties hereunder, such officer 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 or destroy the same.

J.	Female Dogs In Season: The owners of female dogs in season shall cause such dogs to be penned or enclosed in such a manner as to preclude other dogs from attacking or being with such female dog in a manner which would create a public nuisance. Female dogs in season, which are not securely confined or are off the premises of the owner without being controlled by chain, cord or leash are hereby deemed a public nuisance and may be impounded by the Department of Animal Control. Breeding of all female animals shall be within enclosures so arranged as to prohibit the view of such breeding and shall be supervised by those having proprietary interest in the breeding of such animals. (1987 Code § 6-1-3)

K.	Service Dogs: Service dogs will be required to have a City dog license each year and also must show proof of rabies vaccination. Documentation from a doctor must also be presented stating the need for the service dog. (Ord. 2017-4, 11-9-2017)

6-1-6:		RABIES CONTROL:

A. Vaccinations Required: It shall be unlawful for any person to own, keep or harbor a dog over the age of six (6) months within the limits of this City unless such dog has been vaccinated for rabies by a licensed veterinarian within one year, two (2) years or three (3) years, whichever period of time the vaccine administered by the veterinarian is active, preceding the date on which such dog is kept or harbored, and unless the owner or keeper of such dog has a certificate from such veterinarian or clinic showing the date of the last vaccination and the number of the vaccination tag issued by the veterinarian at the time of the vaccination.

B.	Vaccination Tag Attached: Every owner or keeper of any dog shall cause to be attached to such dog's collar required by subsection 6-1-5G of this chapter, a rabies vaccination tag for such dog. (Res. 1-14-93A, 1-14-1993)

C.	Bites; Reporting And Impounding: Whenever a dog bites a person so as to cause an abrasion of the skin, any person having knowledge of that fact shall immediately notify an animal control officer who shall have the dog impounded and quarantined for a period of ten (10) days. The dog shall be examined immediately by a veterinarian after it has bitten anyone and again at the end of the ten (10) day period. If at the end of ten (10) days, the veterinarian is convinced that the dog is then free from rabies, the dog shall be released from quarantine or from the pound, as the case may be. If the dog dies in the meanwhile, its head shall be sent to the State Department of Health for examination for rabies. (Res. 1-14-1993A, 1-14-1993; amd. 2004 Code)

D.	Failure To Allow Examination: It shall be unlawful for the owner or keeper of any dog which has bitten a person so 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, law enforcement officer or appropriate health official, or to fail, refuse or neglect to allow, or in any way prevent such dog from being impounded and quarantined. (Res. 1-14-93A, 1-14-1993)

6-1-7:		KENNELS2:

A. Unlawful Zones: It shall be unlawful for any person, partnership or corporation to maintain a hobby or commercial kennel within Zones R-2-8000, R-4-8000 or I-1 of the City.

B.	Permitted Zones: Hobby or commercial kennels may be allowed within Zone RR-1 of the City.

Commercial kennels only may be allowed in Zone C-1 of the City. (Ord. 2013-1, 1-10-2013)

C.	Permit Required:

1.	No person, partnership or corporation shall operate a commercial kennel or hobby kennel, or animal shelter, without first obtaining a permit in compliance with this section.

2.	All such kennels or shelters shall comply with the provisions of this chapter, the City Development Code and other applicable laws. (1987 Code § 6-1-5)

D.	Fees For Kennels: Kennel permits shall be issued after payment of the applicable fees in such amounts as established by resolution of the City Council. (1987 Code § 6-1-5; amd. 2004 Code)

E.	Issuance Of Permit:

1.	Upon a showing by an applicant for a permit that he is willing and able to comply with the regulations and provisions of this chapter, a permit shall be issued upon payment of the applicable fee.

2.	The permit period shall begin with the calendar year and shall run for one year. Renewal applications for permits shall be made thirty (30) days prior to, and up to sixty (60) days after the start of the calendar year. Applications for permit to establish a new commercial animal establishment under the provisions of this chapter may be made at any time.

3.	If there is a change in ownership of a commercial animal establishment, the new owner may have the current permit transferred to his name upon payment of the applicable transfer fee.

4.	Every facility regulated by this chapter shall be considered a separate enterprise and shall require an individual permit.

5.	No fee may be required "of" or "for" any veterinary hospital, animal shelter or government operated zoological park. (1987 Code § 6-1-5)

6.	Failure to obtain a permit before opening any facility covered in this section shall be punishable as an infraction and, upon conviction, subject to penalty as provided in section 1-4-1 of this Code. (1987 Code § 6-1-5; amd. 2004 Code)

7.	Any person who has a change in the category under which a permit was issued shall be subject to reclassification and appropriate adjustment of the permit fee shall be made.

8.	After zoning requirements have been met and applicant has agreed to standards and regulations regarding kennels, and signed the application, the animal control officer or City Council may approve the issuance of the permit.

F.	Standards: All kennels maintained pursuant to this section shall comply with the following standards:

1.	Enclosures must be provided which shall allow adequate protection against weather extremes.

2.	Floors of buildings, runs and walls shall be of an appropriate material as required by the specific breed of dog and also to permit proper cleaning and disinfecting.

3.	Adequate ventilation shall be maintained and an appropriate temperature provided as required by the specific breed of dog housed therein.

4.	Each animal shall have sufficient space to stand up, lie down and turn around without touching the sides or tops of cages.

5.	Runs shall provide an adequate exercise area and protection from the weather.

6.	All animal quarters and runs are to be kept clean, dry and in a sanitary condition.

7.	The food shall be free of contamination, palatable and of sufficient nutritive value as to meet the normal daily requirements for the condition and size of the animal.

8.	Fresh water is to be available at all times. Water vessels shall be mounted or secured in a manner that prevents tipping and be of the removable type and kept clean.

9.	A commercial kennel permit holder must keep a record of all dogs being housed in the kennel. This record must show the following:

a.	Breed of dog and description (including dog's name).

b.	Dog owner's name and address.

c.	Date the dog was placed in the kennel.

d.	Date the dog leaves the kennel.

10.	Dogs which are not owned by the commercial kennel permit holder must show proof that any such dog six (6) months of age or older has a current rabies vaccination and has been licensed by the owner in the city or county where the dog is normally housed.

G.	Location: Before the kennel license can be issued, the following conditions concerning the location of the kennel must be met:

1.	Hobby kennels must be one hundred feet (100') away from any neighboring house and seventy five feet (75') from any road.

2.	Commercial kennels must be two hundred feet (200') from any neighboring house and one hundred fifty feet (150') from any road.

H.	Inspections: The animal control officer shall have authority to enter the premises of any person to inspect and assure compliance with this chapter and section. (1987 Code § 6-1-5)

6-1-8:		REGULATIONS AND REQUIREMENTS:

A. Maximum Dogs Allowed Within Zones3:

1.	The maximum number of dogs allowed in Zones R-2-8000, R-4-8000, C-1 (without a commercial kennel license), or I-1 will be two (2) dogs per household.

2.	The maximum number of dogs allowed in Zone RR-1 will be three (3) dogs, without a kennel license. (Ord. 2013-1, 1-10-2013)

3.	Any household having a greater number of dogs than specified in the above listed zones that were licensed with the City in 1999 through May 4, 2000, will be allowed to keep such dogs that are over the maximum until the animal is sold, given away or dies. Replacement of a greater number of dogs than allowed in this section will constitute a violation of this section.

4.	Pups born to female dogs kept in the above zones must be sold, given away or transferred to the animal control officer before reaching six (6) months of age where the allowed maximum number of dogs will be exceeded. (1987 Code § 6-1-6)

5.	More than two (2) dogs will be allowed if the number over two (2) are certified service dogs. (Ord. 2017-4, 11-9-2017)

B.	Keeping Of Wild Animals:

1.	No person shall keep or permit to be kept on his premises any wild or vicious animal for display or for exhibition purposes, whether gratuitously or for a fee. This subsection shall not be construed to apply to zoological parks, performing animals exhibitions or circuses.

2.	No person shall keep or permit to be kept any wild animal as a pet.

C.	Performing Animal Exhibitions:

1.	No performing animal exhibition or circus shall be permitted in which animals are induced or encouraged to perform through the use of chemical, mechanical, electrical or manual devices in a manner which will cause, or is likely to cause, injury or suffering.

2.	All equipment used on a performing animal shall fit properly and be in good working condition.

D.	Animal Waste: The owner of every animal shall be responsible for the removal of any excreta deposited by his animal on public walks, recreation areas or private property.

E.	Spaying Or Neutering: No unclaimed dog or cat shall be released for adoption without being spayed or neutered, or without a written agreement from the adopter guaranteeing that such animal will be spayed or neutered. (1987 Code § 6-1-6)

F.	Poisoning Animals Prohibited: Any person who wilfully, unlawfully and maliciously administers any poison to any animal which is the property of another, or who maliciously exposes any poisonous substance with intent that the same shall be taken or swallowed by any such animals, shall be guilty of a Class B misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this Code.

G.	Hindering Or Obstructing Enforcement Prohibited: It is unlawful for any person to interfere with, molest, hinder or prevent the animal control officer from discharging his duties. Any person who hinders, delays, interferes with or obstructs the animal control officer while engaging in capturing, securing or taking to the animal shelter any animal or animals to be impounded, or who breaks open or in any manner, directly or indirectly, aids, counsels or advises the breaking open of any animal shelter or other vehicle or live animal trap, used for the collecting or conveying of any animals to the shelter, shall be deemed guilty of a Class B misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this Code. (1987 Code § 6-1-6; amd. 2004 Code)

6-1-9:		ADMINISTRATION AND ENFORCEMENT:

A.	Revocation Of Licenses Or Permits:

1.	The city council may revoke any permit or license if the person holding the permit or license refuses or fails to comply with this chapter, the regulations promulgated by said authorities, or any law governing the protection and keeping of animals.

2.	Any person whose permit or license is revoked shall, within ten (10) days thereafter, humanely dispose of all animals owned, kept or harbored by such person and no part of the permit or license fee shall be refunded.

3.	It shall be a condition of the issuance of any permit or license that the licensing authorities, animal control officer or humane officer shall be permitted to inspect all animals and the premises where animals are kept at any time and shall, if permission for such inspections is refused, revoke the permit or license of the refusing owner.

4.	If the applicant has withheld or falsified any information on the application, the licensing authorities shall refuse to issue a permit or license.

5.	No person who has been convicted of cruelty to animals shall be issued a permit or license to operate a commercial animal establishment. (1987 Code § 6-1-7.1)

6.	Any person having been denied a license or permit may not reapply for a period of thirty (30) days. Each reapplication shall be accompanied by a fee in such amount as established by resolution of the city council. (1987 Code § 6-1-7.1; amd. 2004 Code)

B.	Impoundment:

1.	Impoundment will be under the jurisdiction of Emery County animal control.

2.	Unrestrained dogs and nuisance animals shall be taken by the police, animal control officers or humane officers and impounded in an animal shelter and there confined in a humane manner.

3.	Impounded dogs and cats shall be kept for not less than five (5) working days.

4.	If by a license tag or other means, the owner of an impounded animal can be identified, the animal shelter personnel should notify the owner by telephone, mail or personal contact.

5.	An owner reclaiming an impounded dog or cat shall pay the fee imposed in accordance with the Emery County animal control ordinance and animal shelter.

6.	Any dog or cat not reclaimed by its owner within five (5) working days shall become the property of Emery County, or humane society, and shall be placed for adoption in a suitable home or humanely euthanized.

7.	Any other regulations after impoundment shall be imposed through the Emery County animal control ordinances by means of Emery County animal control officers.

8.	Any livestock animal not reclaimed by its owner within thirty (30) days shall become the property of Emery County and may be auctioned off to defray expenses.

9.	In addition to, or in lieu of impounding an animal found at large, the animal control officer, may issue to the known owner of such animal a citation of ordinance violation. In the event that the owner does not appear within the time period prescribed, a criminal warrant shall be initiated before a magistrate and, upon conviction of a violation of this chapter, the owner shall be punished as provided in subsection D of this section.

10.	The owner of an impounded animal may also be proceeded against for violation of this chapter. (1987 Code § 6-1-7.2)

C.	Isolation Of Biting Animals:

1.	Any animal which bites or otherwise exposes a person to the danger of any disease shall be isolated in strict confinement, at the owner's expense, at the Emery County animal shelter, and observed for at least ten (10) days for dogs and cats, after the day of infliction of the bite.

2.	Notwithstanding the foregoing provisions, Emery County animal control officers may authorize, with the permission of the owner and other legal restrictions permitting, the euthanasia of a biting animal for the purpose of laboratory examination for rabies using the fluorescent rabies and antibody (FRA) test in an approved public health laboratory. (1987 Code § 6-1-7.3)

D.	Enforcement; Notice:

1.	Upon any violation of this chapter, the city or animal control officer or any peace officer may issue a citation of ordinance violation to the person in violation to appear in court; containing the name and address of such person, identification of the animal, the time, place and offense charged, and also the time and place where such person shall appear on court.

2.	The time specified in said notice to appear must be at least five (5) and no longer than fourteen (14) days after such issuance, unless the person in violation shall demand an earlier hearing.

3.	The place specified in said notice to appear must be made before the Emery County justice court.

4.	The person in violation may make a written promise to so appear in court by signing at least one copy of the written notice. If the written promise to appear is signed, a copy of said notice shall be given to the person promising to appear, and the original shall be filed with the court before whom he/she is to appear. The original of this notice filed with the court shall, in lieu of a verified complaint, constitute a complaint to which the defendant may plead guilty. Any person who fails to appear after the written promise to appear in court, is guilty of a violation of this chapter.

5.	If the person in violation refuses to sign the promise to appear, verified information must be filed before the court against the person in violation, thereupon a summons to appear will be issued out of the Emery County justice court. (1987 Code § 6-1-7.4)

6-1-10:		PENALTY:

Except as may be otherwise provided herein, violation of any provision of this chapter shall be a class B misdemeanor and, upon conviction, subject to penalty as provided in section 1-4-1 of this code. (1987 Code § 6-1-7.5; amd. 2004 Code)