SALT LAKE CITY (CN) – A conviction for operating an illegal dog kennel will stand because the city ordinance is not unconstitutionally vague, the Utah Court of Appeals ruled.
Jeff Popowich was convicted of four counts of failure to license his dogs and one count of running an illegal kennel, since he owned more dogs than the city ordinance allowed.
Judge Bench ruled that the ordinance clearly states that a kennel owner must obtain a permit, and meet sanitation and safety standards.
“Defendant has failed to show that an ordinary person would not understand what conduct is prohibited by the ordinance,” Bench ruled.
Bench also ruled that Popowich could appeal the constitutionality of the city ordinance, but not the sufficiency of the evidence against him.