Agenda Item Title:
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Animal Services Division recommending that the Council consider 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:
Overview:
An update to Sandy City's current leash law ordinance is in progress due to complications in its 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.
Existing Ordinance Details:
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:
- Two versions of the revised ordinance have been created for council review.
- Each version employs straightforward language to stipulate explicit compliance, eliminating interpretative discretion.
The revisions are prepared for council consideration.
Further action to be taken:
This is an informational report, and final action by the Council is tentatively scheduled for July 15, 2025.
Recommended Action and/or Suggested Motion:
Recommendation
This evening animal services is looking for council directi...
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