Under this Utah act, a shelter may not transfer an unsterilized animal for adoption unless the shelter has a written agreement in which the recipient agrees to have the animal sterilized and gives the shelter a sterilization deposit. If a recipient fails to comply with the agreement, the animal may be seized and impounded, and the recipient forfeits the deposit. A first violation may result in a civil penalty of $250.
§ 11-46-201 . Title
§ 11-46-202 . Definitions
§ 11-46-203 . Animal shelters to transfer only sterilized animals, or shall require sterilization deposit
§ 11-46-204 . Sterilization deposit
§ 11-46-205 . Failure to comply with sterilization agreement
§ 11-46-206 . Sterilization deposit--When required for redemption by owner of impounded animal
§ 11-46-207 . Penalties
§ 11-46-208 . Local ordinances may be no less restrictive
Laws 2011, c. 130, § 4, eff. May 10, 2011.
(Formerly cited as UT ST § 17-42-102)
In addition to the definitions in Section 11-46-102, as used in this part:
(1) “Proof of sterilization” means a written document signed by a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, stating:
(a) a specified animal has been sterilized;
(b) the date on which the sterilization was performed; and
(c) the location where the sterilization was performed.
(2) “Recipient” means the person to whom an animal shelter transfers an animal for adoption.
(3) “Sterilization deposit” means the portion of a fee charged by an animal shelter to a recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in accordance with an agreement between the recipient or the claimant and the animal shelter.
(4) “Sterilized” means that an animal has been surgically altered either by the spaying of a female animal or by the neutering of a male animal, so it is unable to reproduce.
(5) “Transfer” means that an animal shelter sells, gives away, places for adoption, or transfers an animal to a recipient.
Laws 2011, c. 130, § 5, eff. May 10, 2011.
(Formerly cited as UT ST § 17-42-103)
(1) An animal shelter may not transfer an animal that has not been sterilized, except as provided in Subsection (2) or Section 11-46-206.
(2) An animal shelter may transfer an animal for adoption that has not been sterilized only if the animal shelter:
(a) establishes a written agreement, executed by the recipient, stating the animal is not sterilized and the recipient agrees in writing to be responsible for ensuring the animal is sterilized:
(i) within 30 days after the agreement is signed, if the animal is six months of age or older; or
(ii) if the animal is younger than six months of age, within 30 days after the animal becomes six months of age; and
(b) receives from the recipient a sterilization deposit as provided under Section 11-46-204, the terms of which are part of the written agreement executed by the recipient in accordance with this section.
(3) The shelter may waive the sterilization deposit and release any unsterilized animal to a sponsor, as defined in Section 11-46-302, provided the sponsor is a non-profit organization that qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code and provides proof of sterilization within 30 days.
Laws 2011, c. 130, § 6, eff. May 10, 2011.
(Formerly cited as UT ST § 17-42-104)
(1) A sterilization deposit may be:
(a) a portion of the adoption fee or purchase price of the animal, which will enable the adopter to take the animal for sterilization to a veterinarian with whom the animal shelter has an agreement that the veterinarian will bill the animal shelter directly for the sterilization;
(b) a deposit that is:
(i) refundable to the recipient if proof of sterilization of the animal within the appropriate time limits under Section 11-46-203 is presented to the animal shelter not more than three months after the date the animal is sterilized; and
(ii) forfeited to the animal shelter if proof of sterilization is not presented to the animal shelter in compliance with Subsection (1)(b)(i); or
(c) a deposit under Section 11-46-206 required for an owner to claim an unsterilized animal impounded at the animal shelter.
(2) Sterilization deposits under Subsection (1) shall reflect the average reduced cost of a sterilization of an animal, based on the gender and weight of the animal, that is reasonably available in the area where the animal shelter is located, but the deposit may not be less than $25.
(3) If a female animal and her litter are transferred to one person, a sterilization deposit is required only for the female animal.
(4) All sterilization deposits forfeited or unclaimed under this section shall be retained by the animal shelter and used by the animal shelter only for:
(a) a program to sterilize animals, which may include a sliding scale fee program;
(b) a public education program to reduce and prevent overpopulation of animals and the related costs to local governments;
(c) a follow-up program to assure that animals transferred by the animal shelter are sterilized in accordance with the agreement executed under Section 11-46-203; and
(d) any additional costs incurred by the animal shelter in the administration of the requirements of this chapter.
Laws 2011, c. 130, § 7, eff. May 10, 2011.
(Formerly cited as UT ST § 17-42-105)
If a recipient fails to comply with the sterilization agreement under Subsection 11-46-203(2):
(1) the failure is ground for seizure and impoundment of the animal by the animal shelter from whom the recipient obtained the animal;
(2) the recipient relinquishes all ownership rights regarding the animal and any claim to expenses incurred in maintenance and care of the animal; and
(3) the recipient forfeits the sterilization deposit.
Laws 2011, c. 130, § 8, eff. May 10, 2011.
(Formerly cited as UT ST § 17-42-105.5)
(1) Upon the second impound within a 12-month period and upon any subsequent impound of an animal that is claimed by its owner, an animal shelter may release the impounded animal to its owner only upon payment of all impound fees required by the shelter and:
(a) receipt of proof the animal has been sterilized; or
(b) a sterilization deposit.
(2) The sterilization deposit shall be refunded to the owner only if the owner provides proof of sterilization to the animal shelter within 30 days of release of the animal to the owner.
Laws 2011, c. 130, § 9, eff. May 10, 2011.
(Formerly cited as UT ST § 17-42-106)
(1)(a) A person who knowingly commits any of the violations in Subsection (2) is subject to a civil penalty of not less than $250 on a first violation, and a civil penalty of not less than $500 on any second or subsequent violation.
(b) The administrator of the animal shelter imposes the civil penalties under this section.
(2) A person is subject to the civil penalties under Subsection (1) who:
(a) falsifies any proof of sterilization submitted for the purpose of compliance with this part;
(b) provides to an animal shelter or a licensed veterinarian inaccurate information regarding ownership of any animal required to be submitted for sterilization under this part;
(c) submits to an animal shelter false information regarding sterilization fees or fee schedules; or
(d) issues a check for insufficient funds for any sterilization deposit required of the person under this part.
(3) A person who contests a civil penalty imposed under this section is entitled to an administrative hearing that provides for the person's rights of due process.
(4) All penalties collected under this section shall be retained by the animal shelter imposing the penalties, to be used solely for the purposes of Subsection 11-46-204(4).
Laws 2011, c. 130, § 10, eff. May 10, 2011.
(Formerly cited as UT ST § 17-42-107)
Local ordinances or the adoption or placement procedures of any animal shelter shall be at least as restrictive as the provisions of this part.
Laws 2011, c. 130, § 11, eff. May 10, 2011.