After three years of discussions and presentations on the subject, Herriman City has revised its animal code. 

One of the final discussions took place at a City Council work meeting on Feb. 14, where, for nearly an hour, members of the City Council and other city officials explored the number of animals residents may have, restraining dogs, female canines in heat, penalties for violations, breeding and kennels. The city aimed to simplify, condense, shorten and clarify Herriman’s animal code while omitting redundancies and making it more readable. 

“Typically what we like to do is see what other municipalities are doing,” City Attorney Todd Sheeran said.  

Seventeen Salt Lake County municipalities restrict the number of animals per residence. Magna and Kearns are among the few that don’t. On average, residents in Salt Lake County may have four animals. Likewise, in Herriman, residents may own no more than four nonagricultural animals with up to three of one type of animal. 

“For example, you can have three dogs and a cat (3+1), but not four dogs. There isn’t a restriction on males versus females,” Communications Manager Jon LaFollette said. Exceptions to this rule include conditional permits for breeders, fostering and hobbyists. 

Limitations on numbers were examined at length. “There should be some consideration over the kind of property it is… a quarter-acre residential lot would be different than a five-acre agricultural lot,” Councilmember Steven Shields proposed. 

Councilmember Sherrie Ohrn shied away from choosing a specific number to allow. “Why would we limit it to a certain arbitrary number… it should just simply be, your animals have to be treated humanely in our city,” she said, also recognizing the need to limit the impact on neighbors. Other personnel noted that restrictions help the city deal with problems when they arise. 

Another topic of interest was rabies vaccinations. Herriman requires that unvaccinated animals exposed to a rabid animal be either euthanized or quarantined for up to six months where they are monitored by a veterinarian at the owner’s expense. 

“Monitoring parameters are up to the veterinarian, but the intent is to make sure the animal is healthy and safe,” LaFollette said. Acceptable locations are approved at the discretion of Herriman Animal Services. Sadly, if the animal shows symptoms of rabies during quarantine, it must be euthanized.

The city has also received numerous comments about leashes. With the warmer weather, residents begin to venture outside more, but for some, outdoor recreation is becoming a nerve-wracking endeavor because of the fear of uncontrolled dogs. “I see dogs off leash ALL the time. It’s become an epidemic of people thinking their animal wouldn’t hurt another,” Bree Binks-Pestka said via Facebook. 

At the February work meeting, Ohrn made a similar comment: “I see all over the city people not having their dogs on a leash.” 

Because of experiences with out-of-control canines, some residents are increasingly uneasy when they go for walks. “My brother’s white schnauzer [in Herriman] was attacked this summer and died… and the owners didn’t want to take responsibility for having their dog out front [unleashed],” posted Ligaya Dyan Peterson on Facebook. 

When out and about with or without their pups, some residents carry pepper spray or hornet spray, and one even revealed that she now carries a gun. Some owners have also opted to stop walking their dogs altogether. “The number of irresponsible pet owners in Herriman is out of control,” declared resident Julie Hill Meisner on Facebook. 

Debbie Yeager-Sauve also shared her experiences on the social media platform. “Our small dog was attacked while we were walking… He ended up with 8 stitches in his head… I’ve had problems with large dogs on extendable leashes aggressively approaching my two small dogs… You can’t take a relaxing walk without having to be ‘on guard’ all the time,” she explained.

Residents have the option of immediately reporting an aggressive dog to Animal Services and are encouraged to call 911 if they feel they are in danger. “People have a right to reasonably protect themselves against any real threats,” LaFollette said. 

In addition, many residents are frustrated that they are responsible for the safety of other dogs. “It has happened to me several times… where a small dog off leash… will approach my big dog and… [get bitten]… Again, we are on leash, they are not,” posted Brittney Walk via Facebook. Large breed owner Jesse Mlaker also explained his struggles with off-leash dogs. “My dog is not aggressive and is the one being attacked while we walk him,” he said. “Happens all the time… I break up the fights. But… my dog could really harm theirs… and it’s been up to me to keep their off-leash dogs safe.” 

Three leash options were explored during the Valentine’s Day work meeting: leashes for all unconfined dogs, e-collars within sight if the owner carries a leash, or no leashes as long as the owner has “control.” Most city officials were in favor of the first option. The appropriate length of leashes came up as well. 

“As a dog owner, I’m of the opinion that the length of the leash does matter… six feet makes a lot of sense to me because that’s how far I can reach,” Councilmember Jared Henderson said. 

Enforcement was also a concern. The council seemed to agree that because of limited resources, animal ordinances are usually only actively enforced when neighbors complain or a dog escapes and roams. 

“[Ordinances] are simply a tool for enforcement or liability in a tough situation. We focus on education first and repeat offenders,” Shields said. “[Ordinances] will allow for the ability to change bad actors.” Attendees recognized that they didn’t want to get someone in trouble for playing fetch with their off-leash dog at a park.

Technically, any violation of the animal code can be escalated in severe cases to a Class B Misdemeanor. While misdemeanors are more serious crimes than infractions, they are not as serious as felonies. There are also three classes of misdemeanors, A, B, and C, with A being the most serious and C being the least. “Examples of Class B crimes include prostitution or gambling. A person convicted… can face a maximum of six months in a county jail… [or] be required to pay $1,000 or less in fines,” the website of Sandy law office TR Spencer states. 

Drunk driving also falls into this category. Class B misdemeanors usually remain on someone’s record for four years and can have serious repercussions, including affecting future educational and job opportunities. “Animal code violations are enforced as infractions except (very rarely) in severe/frequently repeating or egregious cases,” LaFollette said. “Our goal is simply compliance and safety.” 

Penalties for infractions may include fines up to $750 and compensatory service.

The city also discussed decreasing the severity of punishments for code violations. In South Jordan, residents are charged with infractions for first-time offenses for a dog at large, but if there is another incident within five years, they are then charged with a Class B misdemeanor. Many at the work meeting in February agreed that five years was too long, but if a dog attacks someone, owners should be charged with a misdemeanor. 

“The vast majority of cases [in Herriman] end in a plea in abeyance, which grants a time period for the person to come into compliance… and the incident is no longer on their record,” LaFollette said. Herriman may also choose to issue a citation or obtain a court order to ensure compliance. 

City officials universally acknowledged the need for dogs to be properly licensed. In Herriman, dogs, cats and ferrets must be licensed every year. Along with the application and licensing fee, owners must submit rabies and sterilization documents. The owner will receive a nontransferable tag stamped with the license number, which animals must wear at all times unless they have been chipped and are on their owner’s property. 

The thorough discussion culminated in a decision at the March 13 City Council meeting to adopt an amended code. After another hour of discussion, the council voted to completely repeal the current code and replace it with the updated one written by city staff and presented by Sheeran. “We cleaned up definitions and made it consistent… and differentiated between animals and livestock, which wasn’t clear before,” Sheeran said. A provision in the prior code granting permits for vicious or dangerous animals was removed and stipulations for nuisances were simplified to specify primarily barking and whining. 

At least one Herriman resident hopes that the barking ordinance will be enforced more actively. Kerry Kemp Dalling has heard her neighbor’s dog barking daily for years. Sometimes she and her husband can’t hear the TV, and the uncooperative neighbor has shouted obscenities and insults at her. 

“We can’t get any peace,” Dalling said. “The barking is so loud and shrill.” 

Herriman Animal Services told her she needed to complete a 10-day log documenting the barking, which she completed in September of 2023. She contacted City Prosecutor Matthew Brooks on Nov. 7, who told her that the city would file a summons for the owner with a court date sometime in December. The case was adjudicated in January, and as far as the city knew, the issue had been resolved, but Dalling has claimed that the dog continues to disrupt her life. “With these sorts of cases, the adjudication is completed and there’s often a time period for people to come into compliance. If there aren’t any reported issues in that time, then it’s considered done,” LaFollette said. In March, Dalling alerted the city to the continued problem, and the case has been reopened. The penalty for noncompliance with the nuisance code is now officially an infraction rather than a misdemeanor.

The updated code also provides protocol for when an animal has been hit by a car, and penalties for some violations have been changed per the work meeting discussion. If a dog bites someone, it is still a Class B misdemeanor for the owner, but if a dog gets loose or relieves itself in someone else’s yard, it is now only an infraction for first offenses. For repeat offenses within three years—instead of five—the owner will be charged with a Class C misdemeanor and then a Class B. The current code also clarifies the process of impounding and disposing of animals for staff and continues to limit the number of animals per residential unit to four save for a few exceptions. 

At the March 13 meeting, Ohrn proposed dropping the limit altogether, and Mayor Lorin Palmer polled Councilmembers Shields, Henderson and Teddy Hodges about omitting the cap; none were in favor. 

Additionally, animal licensing has been simplified, and unconfined dogs must remain on a leash not to exceed eight feet in length, which is consistent with current leash regulations for parks. Not surprisingly, Herriman continues to require dogs to be vaccinated for rabies. Regulations for all animal establishments, such as shelters and pet shops, are now standardized and have been moved to the section of the city code dealing with business licenses. Other provisions of the code are effectively the same as they were prior to the revision.

Before voting on the updated code, Ohrn requested data from law enforcement to determine if the number of animals present makes a difference in the ability of officers to manage a situation. “If I’m going to make a rule that I know is going to impact you, if… you’re gonna have to give away two of your dogs…, it’s gonna hurt…,” she said sympathetically. “I need to be able to support my decision with data.” 

Shields voiced his agreement, adding, “If we’re going to have an ordinance, we should have a reason for it.” 

Because she is concerned the number restriction negatively impacts the community, Ohrn voted no on the updated code resolution, while Henderson, Hodges and Shields voted yes in order to clean up the code as soon as possible and facilitate enforcement. Further discussion on the number restriction will take place at a later date after the council has reviewed the data requested by Ohrn. Sheeran is optimistic that the new code will simplify enforcement. 

“It was confusing and hard to implement and took an enormous amount of staff time trying to follow all [those] procedures,” he said. λ