Please support the cause- Public Hearing tonight (Tuesday 3/1/11)

Tonight's the night for the 2nd and probably final public hearing with the city Planning Commission.  My guess is final touches will be put on the draft code (see previous blog post), public input will be allowed (pro and con) and then it will go to a vote by the planning commission.  Unfortunately, my personal life calendar and my work calendar did not interface in my mind and I will be unable to attend the meeting because I will be doing a phone system upgrade at work.  I have heard rumors that the police will be at the meeting to speak against having a code.  They probably perceive them as nuisance animals.  Unfortunately that is a misconception.  Dogs are noisier and smellier, cats can seldom be kept only in an owners yard.  I just think that chickens are not a big threat. 

The ordinance should be welcomed by city personnel because it gives them the capacity to control the households with chickens based on rules of the ordinance.  Without it they are stuck with a vaguely written code (see portion of city code below) which I easily interpreted as allowing home owners to possess them.

TITLE 4. ANIMALS AND FOWL

1

Chapter 4.01. Definition of Terms.

Terms set out in this chapter have the meaning designated when used in this title unless otherwise

indicated by the context.

1. Animal. Any and all types of livestock, dogs and cats, and all other subhuman creatures, both

domesticated and wild, male and female, singular and plural.

2. Animal Boarding Establishment. Any establishment that takes in animals and boards them for

profit.

3. Animal Grooming Parlor. Any establishment maintained for the purpose of offering cosmetology

services for animals at a profit.

4. Animal Shelter. Any facility owned and operated by a governmental entity or any animal welfare

organization which is incorporated within the State of Utah for the purpose of preventing cruelty to animals

and used for the care and custody of seized, stray, homeless, quarantined, abandoned, or unwanted dogs,

cats, or other domestic animals.

5. Animals at Large. An animal shall be considered to be “at large” when it is off the owner’s

property and not under immediate control, by means of a durable restraint device capable of keeping the

animal restrained; OR an animal that is on the property of the owner and not securely confined by a leash,

building, fenced area, or appropriate transport device.

6. Bite. Any actual puncture, tear, or abrasion of the skin inflicted by the teeth of an animal.

7. Cat. Any age feline, of the domestic type.

8. Cattery. Land or building used in the keeping of three (3) or more cats, six (6) months or older.

9. Dog. Any Canis Familiaris over six (6) months of age. Any Canis Familiaris under the age of six

(6) months is a puppy.

10. Domesticated Animals. Animals accustomed to living in or about the habitation of man, including

but not limited to cats, dogs, rabbits, fowls, horses, swine, goats, sheep, mules, donkeys, lamas, and cattle.

11. Government Working Dog. A dog trained to assist officials of government agencies in law

enforcement exercises.

12. Guide Dog. A dog trained and certified by a nationally recognized training establishment to assist

persons that are “visually-impaired,” “hearing-impaired,” or ”mobility-limited.”

13. Kennel. Land or buildings used in the keeping of three (3) or more dogs older than four (4)

months.

14. Livestock. Any normally domesticated animal that is ordinarily kept on a farm, such as cattle,

swine, sheep, goats, mules, burros, horses, geese, ducks, turkeys, llamas, etc.

15. Owner. Any person or persons, firm association or corporation or other entity owning, keeping

or harboring the animal in question, or any person having charge, care, custody or control of such animal.

16. Pet. Any animals ordinarily permitted in Brigham City residences and kept for the company or

pleasure of Brigham City residents, such as domesticated dogs, domesticated cats, and domesticated birds.

Pets also include tropical fish, amphibians, reptiles, or invertebrates of a number that do not constitute a health

hazard or nuisance, and can be safely and humanely kept in aquariums, cages, or enclosures, the cumulative

size of which shall not exceed fifty (50) cubic feet per household. Pets shall not include exotic, pygmy, or

dwarf variations of animals defined as either “wild animals” or “livestock,” including but not limited to, miniature

horses, pygmy goats, and Vietnamese pot-bellied pigs, notwithstanding that such animals may be kept as

household pets by residents of other communities.2