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Utah

West's Utah Code Annotated. Title 10. Utah Municipal Code. Title 4. Utah Agricultural Code. Title 18. Dogs. Title 23. Wildlife Resources Code of Utah. Title 26. Utah Health Code. Title 58. Occupations and Professions.

Statute Details
Printable Version
Citation: U.C.A. 1953 10-8-65; 4-40-101 - 102; 18-1-1 - 3; 23-17-8 - 9; 23-20-3; 26-6-1 - 15; 26-26-1 - 7; 58-28-601

Citation: UT ST 10-8-65; 4-40-101 - 102; 18-1-1 - 3; 23-17-8 - 9; 23-20-3; 26-6-1 - 15; 26-26-1 - 7; 58-28-601


Last Checked by Web Center Staff: 01/2014

Summary:   These Utah statutes comprise the state's dog laws.  Among the provisions include municipal pound pet sterilization provisions, rabies control laws, hunting laws that impact dogs, and laws concerning injuries caused by dogs.


Statute in Full:

Title 10. Utah Municipal Code.  Chapter 8. Powers and Duties of All Cities.  Article 1. General Powers

§ 10-8-65. Dogs--License and tax--Destruction, sale or other disposal

Title 4. Utah Agricultural Code. Chapter 40. Cat and Dog Community Spay and Neuter Program Restricted Account Act

§ 4-40-101. Title

§ 4-40-102. Cat and Dog Community Spay and Neuter Program Restricted Account--Interest--Use of contributions and interest

Title 18. Dogs.  Chapter 1. Injuries by Dogs.

§ 18-1-1. Liability of owners--Scienter--Dogs used in law enforcement

§ 18-1-2. Dogs acting together--Actions--Parties--Judgment

§ 18-1-3. Dogs attacking domestic animals, assistance animals, hoofed protected wildlife, or domestic fowls

Title 23. Wildlife Resources Code of Utah.  Chapter 17. Birds.

§ 23-17-8. Dog field meets

§ 23-17-9. Training of dogs--Use of protected or privately owned wildlife

Title 23. Wildlife Resources Code of Utah. Chapter 20. Enforcement--Violations and Penalties.

§ 23-20-3. Taking, transporting, selling, or purchasing protected wildlife illegal except as authorized--Penalty (see section "m" for dog provision) 

Title 26. Utah Health Code.  Chapter 6. Utah Communicable Disease Control Act. 

§ 26-6-1. Short title

§ 26-6-2. Definitions

[§ 26-6-3 - § 26-6-10. Repealed by Laws 1996, c. 211, § 19, eff. April 29, 1996 (related to HIV, Tuberculosis, and other human-related diseases) omitted]

§ 26-6-11. Rabies or other animal disease--Investigation and order of quarantine

§ 26-6-12. Rabies or other animal disease--Investigation following order of quarantine

§ 26-6-13. Rabies or other animal disease--Authority of peace officer to kill or capture animals

§ 26-6-14. Rabies or other animal disease--Quarantine defined

§ 26-6-15. Rabies or other animal disease--Possession of animal in violation of chapter a misdemeanor

[§ 26-6-16 - § 26-6-30(related to venereal diseases and confidentiality of patient information) omitted]

Title 26. Utah Health Code.  Chapter 26. Experimental Animals.

§ 26-26-1. "Institution" defined

§ 26-26-2. Authorization for institutions to obtain impounded animals

§ 26-26-3. Minimum period of impoundment--Efforts required to contact owner and to make animal available--Prerogative of person voluntarily providing animal

§ 26-26-4. Institution to pay transportation expense--Restrictions on use of animals--Fee

§ 26-26-5. Records of animals required

§ 26-26-6. Revocation of authorization

§ 26-26-7. Adoption of rules by department--Inspection and investigation of institutions

Title 58. Occupations and Professions.  Chapter 28. Veterinary Practice Act.

§ 58-28-601 Animal abandonment

 

 

 

Title 10. Utah Municipal Code.  Chapter 8. Powers and Duties of All Cities.  Article 1. General Powers

§ 10-8-65. Dogs--License and tax--Destruction, sale or other disposal

They may license, tax, regulate or prohibit the keeping of dogs, and authorize the destruction, sale or other disposal of the same when at large contrary to ordinance.

Laws 1911, c. 120, § 1; Laws 1915, c. 100, § 1; Laws 1967, c. 23, § 1.

 

Title 18. Dogs.  Chapter 1. Injuries by Dogs.

§ 18-1-1. Liability of owners--Scienter--Dogs used in law enforcement

(1) Every person owning or keeping a dog is liable in damages for injury committed by the dog, and it is not necessary in the action brought therefor to allege or prove that the dog was of a vicious or mischievous disposition or that the owner or keeper of the dog knew that it was vicious or mischievous .

(2) Notwithstanding Subsection (1), neither the state nor any county, city, or town in the state nor any peace officer employed by any of them shall be liable in damages for injury committed by a dog , if:

(a) the dog has been trained to assist in law enforcement ; and

(b) the injury occurs while the dog is reasonably and carefully being used in the apprehension, arrest, or location of a suspected offender or in maintaining or controlling the public order.

CREDIT(S)

Laws 1971, c. 29, § 1; Laws 2011, c. 297, § 47, eff. May 10, 2011.

 

§ 18-1-2. Dogs acting together--Actions--Parties--Judgment

Where any injury has been committed by two or more dogs acting together and such dogs are owned or kept by different persons, all such persons may be joined as defendants in the same action to recover damages therefor, and the amount found by the court or jury as damages for such injury shall be apportioned among the several defendants found liable and judgment shall be entered severally against them for the amount so apportioned.

Codifications R.S. 1898, § 71; C.L. 1907, § 71; C.L. 1917, § 113; R.S. 1933, § 24-0-2; C. 1943, § 24-0-2.

 

§ 18-1-3. Dogs attacking domestic animals, assistance animals, hoofed protected wildlife, or domestic fowls

Any person may injure or kill a dog while:

(1) the dog is attacking, chasing, or worrying:

(a) a domestic animal having a commercial value;

(b) a service animal, as defined in Section 62A-5b-102; or

(c) any species of hoofed protected wildlife;

(2) the dog is attacking domestic fowls; or

(3) the dog is being pursued for committing an act described in Subsection (1) or (2).

CREDIT(S)

Laws 1933, c. 17, § 1; Laws 1973, c. 27, § 1; Laws 2000, c. 302, § 1, eff. May 1, 2000; Laws 2007, c. 22, § 1, eff. April 30, 2007.

Codifications C. 1943, § 24-0-3.

 

Title 23. Wildlife Resources Code of Utah.  Chapter 17. Birds.

§ 23-17-8. Dog field meets

It is lawful within the state to hold dog field meets or trials where dogs are permitted to work in exhibition or contest where the skill of dogs is demonstrated by locating or retrieving birds which have been obtained from a legal source. Before any meet or trial is held, application shall be made in writing to the Division of Wildlife Resources, which may authorize the meet or trial under rules and regulations promulgated by the Wildlife Board.

CREDIT(S)

Laws 1971, c. 46, § 58; Laws 2011, c. 297, § 113, eff. May 10, 2011.

 

§ 23-17-9. Training of dogs--Use of protected or privately owned wildlife

The Wildlife Board may authorize the use of protected wildlife or privately owned wildlife for the training of dogs within the state of Utah under rules and regulations it may promulgate.

CREDIT(S)

Laws 1971, c. 46, § 59.

 

Title 23. Wildlife Resources Code of Utah. Chapter 20. Enforcement--Violations and Penalties.

§ 23-20-3. Taking, transporting, selling, or purchasing protected wildlife illegal except as authorized--Penalty

(1) Except as provided in this title or a rule, proclamation, or order of the Wildlife Board, a person may not:

(a) take protected wildlife or its parts;

(b) collect, import, possess, transport, propagate, store, donate, transfer, or export protected wildlife or its parts;

(c) take, possess, sell, purchase, barter, donate, or trade protected wildlife or its parts without having previously procured the necessary licenses, permits, tags, stamps, certificates of registration, authorizations, and receipts required in this title or a rule, proclamation, or order of the Wildlife Board;

(d) take protected wildlife with any weapon, ammunition, implement, tool, device, or any part of any of these not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;

(e) possess while in pursuit of protected wildlife any weapon, ammunition, implement, tool, device, or any part of any of these not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;

(f) take protected wildlife using any method, means, process, or practice not specifically authorized in this title or a rule, proclamation, or order of the Wildlife Board;

(g) take protected wildlife outside the season dates, location boundaries, and daily time frames established in rule, proclamation, or order of the Wildlife Board;

(h) take protected wildlife in excess of the bag and possession limits established in rule, proclamation, or order of the Wildlife Board;

(i) take protected wildlife in an area closed to hunting, trapping, or fishing by rule, proclamation, or order of the Wildlife Board, or by executive order of the division director pursuant to Subsection 23-14-8(4);

(j) practice falconry or capture, possess, or use birds in falconry;

(k) take any wildlife from an airplane or any other airborne vehicle or device or any motorized terrestrial or aquatic vehicle, including snowmobiles and other recreational vehicles;

(l) hold in captivity at any time any live protected wildlife;

(m) use or permit a dog or other domestic or trained animal to take protected wildlife;

(n) remove, damage, or destroy an occupied nest of protected wildlife;

(o) release captured or captive wildlife into the wild;

(p) use spotlighting to take protected wildlife;

(q) employ or use a means of concealment or camouflage while taking protected wildlife which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;

(r) possess or use bait or other attractant to take protected wildlife which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board;

(s) use any decoy or recorded or electronically amplified call which is prohibited in this title or a rule, proclamation, or order of the Wildlife Board to take protected wildlife;

(t) commercially harvest protected wildlife, including brine shrimp and brine shrimp eggs;

(u) utilize protected wildlife for commercial purposes or financial gain;

(v) enter, establish, or hold a contest or tournament involving the taking of protected wildlife;

(w) operate or participate in a commercial hunting area as described in Section 23-17-6; or

(x) operate or participate in a cooperative wildlife management unit as defined in Section 23-23-2.

(2) Possession of protected wildlife without a valid license, permit, tag, certificate of registration, bill of sale, or invoice is prima facie evidence that the protected wildlife was illegally taken and is illegally held in possession.

(3) A person is guilty of a class B misdemeanor if the person:

(a) violates any provision of Subsection (1); and

(b) does so with criminal negligence as defined in Subsection 76-2-103(4).

CREDIT(S)

Laws 1992, c. 27, § 3; Laws 1995, c. 211, § 24, eff. May 1, 1995; Laws 2009, c. 347, § 2, eff. May 12, 2009.

 

Title 26. Utah Health Code.  Chapter 6. Utah Communicable Disease Control Act.

§26-6-1. Short title

This chapter shall be known and may be cited as the "Utah Communicable Disease Control Act."

Laws 1981, c. 126, § 7.

 

§ 26-6-2. Definitions

As used in this chapter:

(1) “Ambulatory surgical center” is as defined in Section 26-21-2.

(2) “Carrier” means an infected individual or animal who harbors a specific infectious agent in the absence of discernible clinical disease and serves as a potential source of infection for man. The carrier state may occur in an individual with an infection that is inapparent throughout its course, commonly known as healthy or asymptomatic carrier, or during the incubation period, convalescence, and postconvalescence of an individual with a clinically recognizable disease, commonly known as incubatory carrier or convalescent carrier. Under either circumstance the carrier state may be of short duration, as a temporary or transient carrier, or long duration, as a chronic carrier.

(3) “Communicable disease” means illness due to a specific infectious agent or its toxic products which arises through transmission of that agent or its products from a reservoir to a susceptible host, either directly, as from an infected individual or animal, or indirectly, through an intermediate plant or animal host, vector, or the inanimate environment.

(4) “Communicable period” means the time or times during which an infectious agent may be transferred directly or indirectly from an infected individual to another individual, from an infected animal to man, or from an infected man to an animal, including arthropods.

(5) “Contact” means an individual or animal having had association with an infected individual, animal, or contaminated environment so as to have had an opportunity to acquire the infection.

(6) “End stage renal disease facility” is as defined in Section 26-21-2.

(7) “Epidemic” means the occurrence or outbreak in a community or region of cases of an illness clearly in excess of normal expectancy and derived from a common or propagated source. The number of cases indicating an epidemic will vary according to the infectious agent, size, and type of population exposed, previous experience or lack of exposure to the disease, and time and place of occurrence. Epidemicity is considered to be relative to usual frequency of the disease in the same area, among the specified population, at the same season of the year.

(8) “General acute hospital” is as defined in Section 26-21-2.

(9) “Incubation period” means the time interval between exposure to an infectious agent and appearance of the first sign or symptom of the disease in question.

(10) “Infected individual” means an individual who harbors an infectious agent and who has manifest disease or inapparent infection. An infected individual is one from whom the infectious agent can be naturally acquired.

(11) “Infection” means the entry and development or multiplication of an infectious agent in the body of man or animals. Infection is not synonymous with infectious disease; the result may be inapparent or manifest. The presence of living infectious agents on exterior surfaces of the body, or upon articles of apparel or soiled articles, is not infection, but contamination of such surfaces and articles.

(12) “Infectious agent” means an organism such as a virus, rickettsia, bacteria, fungus, protozoan, or helminth that is capable of producing infection or infectious disease.

(13) “Infectious disease” means a disease of man or animals resulting from an infection.

(14) “Isolation” means the separation, for the period of communicability, of infected individuals or animals from others, in such places and under such conditions as to prevent the direct or indirect conveyance of the infectious agent from those infected to those who are susceptible or who may spread the agent to others.

(15) “Quarantine” means the restriction of the activities of well individuals or animals who have been exposed to a communicable disease during its period of communicability to prevent disease transmission.

(16) “School” means a public, private, or parochial nursery school, licensed or unlicensed day care center, child care facility, family care home, headstart program, kindergarten, elementary, or secondary school through grade 12.

(17) “Sexually transmitted disease” means those diseases transmitted through sexual intercourse or any other sexual contact.

(18) “Specialty hospital” is as defined in Section 26-21-2.

CREDIT(S)

Laws 1981, c. 126, § 7; Laws 1996, c. 211, § 1, eff. April 29, 1996; Laws 2012, c. 150, § 1, eff. July 1, 2012.

 

[§ 26-6-3 - § 26-6-10 related to HIV, Tuberculosis, and other human-related diseases - omitted]

 

§26-6-11. Rabies or other animal disease--Investigation and order of quarantine

Whenever rabies or any other animal disease dangerous to the health of human beings is reported, the department shall investigate to determine whether such disease exists, and the probable area of the state in which man or beast is thereby endangered. If the department finds that such disease exists, a quarantine may be declared against all animals designated in the quarantine order and within the area specified in the order. If the quarantine is for the purpose of preventing the spread of rabies or hydrophobia, the order shall contain a warning to the owners of dogs within the quarantined area to confine or muzzle all dogs to prevent biting. Any dog not muzzled found running at large in a quarantined area or any dog known to have been removed from or escaped from such area, may be killed by any person without liability therefor.

Laws 1981, c. 126, § 7.

 

§26-6-12. Rabies or other animal disease--Investigation following order of quarantine

Following the order of quarantine the department shall make a thorough investigation as to the extent of the disease, the probable number of persons and beasts exposed, and the area involved.

Laws 1981, c. 126, § 7.

 

§26-6-13. Rabies or other animal disease--Authority of peace officer to kill or capture animals

During the period any quarantine order is in force all peace officers may kill or capture and hold for further action by the department all animals in a quarantined area not held in restraint on private premises.

Laws 1981, c. 126, § 7.

 

§26-6-14. Rabies or other animal disease--Quarantine defined

Quarantine for the purposes of sections 26-6-11 through 26-6-13 means strict confinement upon the private premises of the owners, under restraint by leash, closed cage or paddock of all animals specified by the order.

Laws 1981, c. 126, § 7.

 

§26-6-15. Rabies or other animal disease--Possession of animal in violation of chapter a misdemeanor

Any person in possession of any animal being held in violation of this chapter is guilty of a class C misdemeanor.

Laws 1981, c. 126, § 7.

 

Title 26. Utah Health Code.  Chapter 26. Experimental Animals.

§ 26-26-1. "Institution" defined

As used in this chapter, "institution" means any school or college of agriculture, veterinary medicine, medicine, pharmacy, dentistry or other educational, hospital or scientific establishment properly concerned with the investigation of or instruction concerning the structure or functions of living organisms, the cause, prevention, control or cure of diseases or abnormal condition of human beings or animals.

Laws 1981, c. 126, § 25.

 

§ 26-26-2. Authorization for institutions to obtain impounded animals

Institutions may apply to the department for authorization to obtain animals from establishments maintained for the impounding, care and disposal of animals seized by lawful authority. If, after investigation, the department finds that the institution meets the requirements of this chapter and its rules and that the public interest will be served thereby, it may authorize the institution to obtain animals under this chapter.

Laws 1981, c. 126, § 25.

 

§ 26-26-3. Minimum period of impoundment--Efforts required to contact owner and to make animal available--Prerogative of person voluntarily providing animal

(1) Subject to Subsection (2), the governing body of the county or municipality in which an establishment is located may make available to an authorized institution as many impounded animals in that establishment as the institution may request .

(2) A governing body described in Subsection (1) may not make an impounded animal available to an institution, unless:

(a) the animal has been legally impounded for the longer of:

(i) at least five days ; or

(ii) the minimum period provided for by local ordinance;

(b) the animal has not been claimed or redeemed by:

(i) the animal's owner; or

(ii) any other person entitled to claim or redeem the animal; and

(c) the establishment has made a reasonable effort to:

(i) find the rightful owner of the animal, including checking if the animal has a tag or microchip; and

(ii) if the owner is not found, make the animal available to others during the impound period. Owners of animals who voluntarily provide their animals to an establishment may, by signature, determine whether or not the animal may be provided to an institution or used for research or educational purposes.

CREDIT(S)

Laws 1981, c. 126, § 25; Laws 1989, c. 80, § 1; Laws 2010, c. 241, § 1, eff. May 11, 2010.

 

§ 26-26-4. Institution to pay transportation expense--Restrictions on use of animals--Fee

The authorized institution shall provide, at its own expense, for the transportation of such animals from the establishment to the institution and shall use them only in the conduct of scientific and educational activities and for no other purpose. The institution shall reimburse the establishment for animals received. The fee shall be, at a minimum, $15 for cats and $20 for dogs. That fee shall be increased as determined by the department, based on fluctuations or changes in the Consumer Price Index.

Laws 1981, c. 126, § 25; Laws 1989, c. 80, § 2.

 

§ 26-26-5. Records of animals required

Each establishment referred to in section 26-26-2 shall keep a public record of all animals received and disposed of.

Laws 1981, c. 126, § 25.

 

§ 26-26-6. Revocation of authorization

The department upon 15 days written notice and an opportunity to be heard, may revoke an institution's authorization if the institution has violated any provision of this chapter, or has failed to comply with the conditions required by the department in respect to the issuance of authorization.

Laws 1981, c. 126, § 25.

 

§ 26-26-7. Adoption of rules by department--Inspection and investigation of institutions

(1) In carrying out the provisions of this chapter, the department may adopt rules for:

(a) controlling the humane use of animals;

(b) diagnosis and treatment of human and animal diseases;

(c) advancement of veterinary, dental, medical, and biological sciences; and

(d) testing, improvement, and standardization of laboratory specimens, biologic projects, pharmaceuticals, and drugs.

(2) The department may inspect or investigate any institution that applies for or is authorized to obtain animals.

Laws 1981, c. 126, § 25; Laws 1989, c. 80, § 3.

 

Title 58. Occupations and Professions.  Chapter 28. Veterinary Practice Act.

§ 58-28-601. Animal abandonment

(1) Any animal which suffers abandonment for a period of five days may be sold or placed in the custody of the nearest humane society or county dog pound if the animal is not picked up within seven days after mailing a notification, by certified mail, to the last known address of the person placing the animal in the veterinarian's custody. If no humane society or dog pound is located in the county, the animal may be disposed of in a humane manner.

(2) A veterinarian who complies with this section is relieved from liability for the disposal or sale of abandoned animals.

Laws 2006, c. 109, § 17, eff. May 1, 2006.

 

Title 4. Utah Agricultural Code. Chapter 40. Cat and Dog Community Spay and Neuter Program Restricted Account Act


§ 4-40-101. Title

This chapter is known as the “Cat and Dog Community Spay and Neuter Program Restricted Account Act.”

CREDIT(S)

Laws 2011, c. 124, § 1, eff. July 1, 2011.

 

§ 4-40-102. Cat and Dog Community Spay and Neuter Program Restricted Account--Interest--Use of contributions and interest

(1) There is created within the General Fund the Cat and Dog Community Spay and Neuter Program Restricted Account.

(2) The account shall be funded by contributions deposited into the Cat and Dog Community Spay and Neuter Program Restricted Account in accordance with Section 59-10-1310.

(3)(a) The Cat and Dog Community Spay and Neuter Program Restricted Account shall earn interest.

(b) Interest earned on the Cat and Dog Community Spay and Neuter Program Restricted Account shall be deposited into the Cat and Dog Community Spay and Neuter Program Restricted Account.

(4) The Department of Agriculture shall distribute contributions and interest deposited into the Cat and Dog Community Spay and Neuter Program Restricted Account to one or more organizations that:

(a) are exempt from federal income taxation under Section 501(c)(3), Internal Revenue Code; or

(b) operate as a city or county animal shelter.

(5)(a) An organization described in Subsection (4) may apply to the department to receive a distribution in accordance with Subsection (4).

(b) An organization that receives a distribution from the department in accordance with Subsection (4):

(i) shall expend the distribution only to spay or neuter dogs and cats:

(A) owned by persons having low incomes; and

(B) by veterinarians who are licensed by Title 58, Chapter 28, Veterinary Practice Act; and

(ii) may not expend the distribution for any administrative cost relating to an expenditure authorized by Subsection (5)(b)(i).

(c) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the department may make rules:

(i) providing procedures and requirements for an organization to apply to the department to receive a distribution in accordance with Subsection (4); and

(ii) to define what constitutes a person having a low income.

CREDIT(S)

Laws 2011, c. 124, § 2, eff. July 1, 2011.


 



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