§ 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) “Animal” means a cat or dog.
(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 take custody of animals as appropriate in the enforcement of the laws and ordinances.
(3) “Animal shelter” means a facility or program:
(a) providing services for stray, lost, or unwanted animals, including holding and placing the animals for adoption, but does not include an institution conducting research on animals, as defined in Section 26-26-1; or
(b) a private humane society or private animal welfare organization.
(4) “Person” means an individual, an entity, or a representative of an entity.
Credits
Laws 2011, c. 130, § 2, eff. May 10, 2011.
§ 11-46-103. Stray animals
(1) Each municipal or county animal control officer shall hold 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) A record of each animal held shall be maintained. The record shall include:
(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 compliance with Part 2, Animal Shelter Pet Sterilization Act;
(ii) return to its owner;
(iii) placement in a community cat program as defined in Section 11-46-302; or
(iv) euthanasia.
(3) An unidentified or unclaimed stray animal may be euthanized prior to the completion of the five working day minimum holding period to prevent unnecessary suffering due to serious injury or disease, if the euthanasia is in compliance with written agency or department policies and procedures, and with any local ordinances allowing the euthanasia.
(4) An unidentified or unclaimed stray animal shall be returned to its owner upon:
(a) proof of ownership;
(b) compliance with requirements of local animal control ordinances; and
(c) compliance with Part 2, Animal Shelter Pet Sterilization Act.
Credits
Laws 2011, c. 130, § 3, eff. May 10, 2011.
§ 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.