Agenda Item Title:
Title
Animal Services Division recommending amendments to Title 12-1-11, Animals Running At-large.
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Presenter:
Ian Williams, Animal Services Director
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Description/Background:
An update to Sandy City's current leash law ordinance is proposed due to complications with the current language in enforcement. The use of the word 'should' in Sec. 12-1-11 regarding animals running at large has inadvertently weakened legal enforcement when contested in court.
Current Wording:
Sec. 12-1-11. Animals Running at Large.
It should be unlawful for the custodian of any animal to allow such animal at any time to run at large. The custodian of an animal found running at large shall be strictly liable for a violation of this section regardless of the precautions taken to prevent the escape of the animal and regardless of whether or not he knows the animal is running at large. The first violation of this section shall be an infraction. A second or subsequent offense shall be a Class C misdemeanor.
Issue: The term 'should' suggests a recommendation rather than a mandatory action, leading to interpretive discretion and enforcement challenges.
To resolve ambiguity and ensure enforceability, we have collaborated with the City Prosecutor and City attorneys to draft revisions to Sec. 12-1-11. These revisions provide clarity and present strict compliance requirements through clear language.
Proposed Updates:
The attached amendment contains an update where "should be" is replaced with "is". See Exhibit A.
Recommended Action and/or Suggested Motion:
Recommendation
I move to adopt Ordinance 25-18, an ordinance amending the language of Title 12-1-11.