ARTICLE II. IN GENERAL Sec. 5-13 through 5-14 Sec. 5-13. Public nuisance. The introduction, possession or maintenance of any animal, or the allowing of any animal to be in contravention of this chapter is, in addition to being a misdemeanor, hereby declare to be a public nuisance. The definition, public health officer, and peace officers, are hereby authorized directed and empowered to summarily abate any such public nuisance by any means reasonably necessary, including but not limited to the destruction of the animal or animals involved.   A. Any animal which does any of the following shall be deemed a nuisance:     1. Causes damage to the property of anyone other than its owner or custodian;     2. Is a vicious animal as defined in this chapter and kept in a manner contrary to this chapter;     3. Causes unreasonable fouling of the air by odors;     4. Causes unsanitary conditions in enclosures or surroundings;     5. Defecates on any public sidewalk, park or building, or on any private property without the consent of the owner of such private property unless the owner or custodian of such animal shall remove any such defecation to a proper trash receptacle. Unsighted persons while relying on a guide dog shall be exempt from this section.     6. Barks, whines, or howls, or makes other disturbing noises in an excessive, continuous, or untimely fashion;     7. Molests passersby or chases passing vehicles;     8. Attacks other domestic animals;     9. Otherwise acts so as to constitute a nuisance or public nuisance under the provisions of Chapter 10, Title 76, Utah Code Annotated (1953)   B. An animal is a nuisance if it is determined by the department to be a nuisance by virtue of being offensive or dangerous to the public health, welfare, or safety.   C. Any animals which, by virtue of the number maintained, are determined by the department to be offensive or dangerous to the public health, welfare or safety. Sec. 5-14. Attacks by dogs.   A. Attacking dogs. It is unlawful for the owner or person having charge, care, custody, or control of any dog to allow such dog to attack, chase, or worry any person, any domestic animal having a commercial value, or any species of hoofed protected wildlife, or to attack domestic fowl. "Worry, as used in this section, means to harass by tearing, biting, or shaking with the teeth.   B. Owner liability. The owner in violation of subsection A of this section shall be strictly liable for violation of this section. In addition to being subject to prosecution under subsection A, the owner of such dog shall also be liable in damages to any person injured, or to the owner of any animal(s) injured or destroyed thereby.   C. Defenses. The following shall be considered in mitigating the penalties or damages, or in dismissing the charge:     1. That the dog was properly confined on the premises;     2. That the dog was deliberately or maliciously provoked.   D. Dogs may be killed. Any law enforcement officer may kill a dog while it is committing any of the acts specified in subsection A of this section or while the dog is being pursued thereafter.
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