§ 11-46-101 . Title
§ 11-46-102 . Definitions
§ 11-46-103 . Stray animals
§ 11-46-104. County tax for provision of animal welfare services
§ 11-46-101. Title
This chapter is known as the “Animal Welfare Act.”
Credits
Laws 2011, c. 130, § 1, eff. May 10, 2011.
§ 11-46-102. Definitions
As used in this chapter:
(1)(a) “Animal” means a cat or dog.
(b) “Animal” does not include livestock, as that term is defined in Section 4-1-109.
(2) “Animal control officer” means any person employed or appointed by a county or a municipality who is authorized to investigate violations of laws and ordinances concerning animals, to issue citations in accordance with Utah law, and to take custody of animals as appropriate in the enforcement of laws and ordinances concerning animals.
(3)(a) “Animal shelter” means a facility or program that provides services for stray, lost, or unwanted animals, including holding and placing the animals for adoption.
(b) “Animal shelter” includes a private humane society or private animal welfare organization.
(c) “Animal shelter” does not include an institution, as that term is defined in Section 26B-1-236, that is conducting research on animals.
(4) “Person” means an individual, an entity, or a representative of an entity.
Credits
Laws 2011, c. 130, § 2, eff. May 10, 2011; Laws 2023, c. 327, § 22, eff. May 3, 2023; Laws 2023, c. 360, § 1, eff. May 3, 2023.
§ 11-46-103. Stray animals
(1) Each municipal or county animal control officer shall hold or cause to be held at an animal shelter any unidentified or unclaimed stray animal in safe and humane custody for a minimum of five business days after the time of impound and prior to making any final disposition of the animal.
(2) An animal shelter shall ensure that a record of each held animal is maintained that includes the:
(a) date of impound;
(b) date of disposition; and
(c) method of disposition, which may be:
(i) placement in an adoptive home or other transfer of the animal, which shall be in accordance with Part 2, Animal Shelter Pet Sterilization Act;
(ii) return to the animal's owner;
(iii) placement in a community cat program as defined in Section 11-46-302; or
(iv) euthanasia in accordance with Part 4, Euthanasia of Shelter Animals.
(3) An unidentified or unclaimed stray animal may be euthanized before the completion of the five working day minimum holding period to prevent unnecessary suffering due to serious injury or disease if the euthanasia complies with:
(a) written agency or department policies and procedures;
(b) local ordinances; and
(c) Part 4, Euthanasia of Shelter Animals.
(4) An unidentified or unclaimed stray animal shall be returned to the animal's owner upon:
(a) the establishment of proof of ownership;
(b) compliance with the requirements of applicable local ordinances; and
(c) compliance with Part 2, Animal Shelter Pet Sterilization Act.
Credits
Laws 2011, c. 130, § 3, eff. May 10, 2011; Laws 2023, c. 360, § 2, eff. May 3, 2023.
§ 11-46-104. County tax for provision of animal welfare services
(1) As used in this section:
(a) “County” means a county:
(i) of the second, third, fourth, fifth, or sixth class; and
(ii) in which the county is the sole provider of animal welfare services under this part.
(b) “Municipality” means a city or a town that receives animal welfare services from the county.
(2) Subject to Subsections (5) and (6), a legislative body in a county may levy annually a tax not to exceed .0002 of taxable value of taxable property in the county to provide the services described in this chapter.
(3)(a) Except as provided in Section 17-36-31, the levy described in this section is in addition to other taxes that the county is authorized to levy.
(b) The levy described in this section is not subject to the aggregate maximum levy limitation described in Section 59-2-908.
(4)(a) The county shall levy and collect the tax described in this section in the same manner as other general taxes of the county.
(b) The county shall deposit revenue collected from the levy described in this section into a fund known as the county animal welfare fund.
(5) Before a county that provides animal welfare services on behalf of one or more municipalities may impose a tax under this section for the first time:
(a) the county shall notify each municipality of:
(i) the total cost to the county for providing animal welfare services; and
(ii) the total amount of revenue the county will generate by imposing a levy under this section;
(b) the county and the municipalities shall determine the county's and each municipality's percentage share of the county's cost for providing animal welfare services; and
(c) the county shall notify the State Tax Commission of:
(i) the names of the municipalities;
(ii) the revenue calculated by multiplying the county's percentage share of the cost for providing animal welfare services by the total amount of revenue the county will generate by imposing a levy under this section; and
(iii) for each municipality described in Subsection (5)(c)(i), the revenue calculated by multiplying the municipality's percentage share of the cost for providing animal welfare services by the total amount of revenue the county will generate by imposing a levy under this section.
(6) A county, as a condition of providing animal welfare services, may not prohibit a municipality from imposing a local animal control ordinance within the municipality that is different than a county animal control ordinance.
Credits
Laws 2021, c. 434, § 3, eff. July 1, 2021.