Statutes

Statute by categorysort descending Citation Summary
US - Tuna Fishing - Legislative History of the MMPA (1981) 1981 U.S.C.C.A.N. 1458

This legislative history outlines the background and analysis of the 1981 amendments to the Marine Mammal Protection Act.  Of particular note is the discussion related to the "zero mortality" goal for dolphins in the tuna fishing industry.

US - Tuna Fishing - Legislative History of the MMPA (1988) 1988 WL 169926

This legislative history provides the background and section by section analysis of the 1988 amendments to the Marine Mammal Protection Act.  As in 1981, the focus of the amendments rests with the mortality of dolphins from the tuna fishing industry.

US - Whales - Chapter 14A. Whale Conservation and Protection. 16 U.S.C.A. § 917 - 917d

These statutes extended federal authority and responsibility over the conservation and protection of all mammals including certain species of whales. The statutes also granted the Secretary of Commerce with authority to complete a comprehensive study of all whales in an effort to conserve and protect them effectively.

US - Whales - Whaling Convention Act 16 U.S.C.A. § 916 - 916l

These federal statutes describe the Whaling Convention Act which granted authority to the Secretary of State and the Secretary of Commerce for regulation. The Act makes it unlawful for any person in the United States to engage in whaling, transporting, or selling any whale or whale products, that are taken or processed in violation of the Act. The Act also prohibits other unlawful conduct such as whaling without a license and failing to keep required returns, records, and reports.  Finally, the Act provide penalties for violations including a fine of not more than $10,000, imprisonment of not more than one year, or both. In addition the court may prohibit such person from whaling for a period of time.

US - Wildlife - Chapter 23. National Wilderness Preservation System. 16 U.S.C.A. §§ 1131 - 1136 Under this Act, Congress established a National Wilderness Preservation System to be composed of federally owned areas designated by Congress as "wilderness areas", and these shall be administered for the use and enjoyment of the American people in such manner as will leave them unimpaired for future use and enjoyment as wilderness, and so as to provide for the protection of these areas, the preservation of their wilderness character, and for the gathering and dissemination of information regarding their use and enjoyment as wilderness; and no Federal lands shall be designated as "wilderness areas" except as provided for in this chapter or by a subsequent Act.
UT - Abandonment - § 58-28-601. Animal abandonment U.C.A. 1953 § 58-28-601

This Utah statute provides that any animal abandoned at a veterinarian's office for a period of ten days may be sold or placed in the custody of the nearest humane society or county dog pound after giving notice to the owner.  If no humane society or dog pound is located in the county, the animal may be disposed of in a humane manner.

UT - Ag gag - § 76-6-112. Agricultural operation interference--Penalties U.C.A. 1953 § 76-6-112

This Utah law creates the crime of "agricultural operation interference ." A person commits agricultural operation interference if he or she records an image or sound from an agricultural operation by leaving a recording device without consent, obtains access to an agricultural operation under false pretenses, applies for employment with the intent to record, or without consent intentionally records the operation while committing criminal trespass.

UT - Agriculture - Title 4 Utah Agriculture Code U.C.A. 1953 § 4-2-301 - 305; § 4-2-401 - 402; § 4-2-501 to 504; § 4-31-1 to 4-31-119 The following statutes detail penalities for violating of the agricultural code. They also contain animal disease control provisions and detail the organization of the Department of Agriculture and Food.
UT - Assistance animal - Assistance Animal/Guide Dog Laws U.C.A. 1953 § 62A-5b-101 - 107; § 41-6a-1007; § 18-1-3; § 76-9-307; § 78B-3-701 - 703; § 10-8-65; § 17-50-336

The following statutes comprise the state's relevant assistance animal and guide dog laws.

UT - Breed - § 18-2-101. Regulation of dogs by a municipality U.C.A. 1953 § 18-2-101 This Utah law effective in 2015 prohibits a municipality from adopting breed-specific rule, regulation, policy, or ordinance regarding dogs. Any breed-specific rule, regulation, policy, or ordinance regarding dogs is void.
UT - Cats - Chapter 46. Animal Welfare Act. Part 3. Community Cat Act U.C.A. 1953 § 11-46-301 to 304

A shelter may release a cat prior to the 5-day holding period to a sponsor operating a community cat program. Such a cat is exempt from licensing requirements and feeding bans.  Community cat sponsors or caretakers do not have custody of any cat, and sterilization and vaccination records must be kept for three years.

UT - Cruelty - Consolidated Cruelty Statutes U.C.A. 1953 § 76-9-301 - 308

These Utah statutes comprise the state's anti-cruelty provisions.  "Animal" is defined as a live, nonhuman vertebrate creature, but animals raised for agricultural purposes and wildlife are excluded from the definition.  A person is guilty of cruelty to animals if the person intentionally, knowingly, recklessly, or with criminal negligence fails to provide necessary food, care, or shelter for an animal in his custody, abandons an animal in the person's custody, transports or confines an animal in a cruel manner, injures an animal, or causes any animal to fight with another animal for amusement or gain.  Aggravated cruelty (i.e., torturing, poisoning, or intentionally killing an animal) and dogfighting incur stiffer penalties.

UT - Dog - Consolidated Dog Laws U.C.A. 1953 § 10-8-65; § 4-40-101 - 102; § 18-1-1 - 4; § 18-2-101; § 23-17-8 - 9; § 23-20-3; § 26-6-1 - 15; § 26-26-1 - 7; § 58-28-601

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.

UT - Dog Bite - Title 18. Dogs. Chapter 1. Injuries by Dogs. U.C.A. 1953 § 18-1-1 to 4

This Utah statute provides that every person owning or keeping a dog shall be liable in damages for injury committed by such dog, and it shall not be necessary in any action brought therefor to allege or prove that such dog was of a vicious or mischievous disposition or that the owner or keeper thereof knew that it was vicious or mischievous.  This does not apply to dogs used by law enforcement officials. In 2014, a provision for the use of arbitration in personal injury from dog bite cases was added.

UT - Ecoterrorism - § 76-6-110. Offenses committed against animal enterprises--Definitions--Enhanced penalties U.C.A. 1953 § 76-6-110

This section comprises Utah's animal enterprise interference law. A person who commits any criminal offense with the intent to halt, impede, obstruct, or interfere with the lawful operation of an animal enterprise or to damage, take, or cause the loss of any property owned by, used by, or in the possession of a lawful animal enterprise, is subject to an enhanced penalty. These penalties enhancements raise the level of the crime one degree (e.g., a class C misdemeanor becomes a class B misdemeanor and a class A misdemeanor becomes a third degree felony).

UT - Endangered Species - Chapter 20. Enforcement--Violations and Penalties U.C.A. 1953 § 23-20-3 - 8 This Utah statute criminalizes the intentional or reckless abandonment of a carcass or killing of wildlife for pecuniary gain.  The statute lists the restitution value of species protected under the code (bald eagles $1,000 and golden eagles $500).  Further, the statute proscribes mandatory incarceration for felony convictions (aggregate value of species taken over $500)  where the motive of the individual was pecuniary gain.
UT - Equine Activity Liability - Part 2. Limitations on Liability for Equine and Livestock Activities U.C.A. 1953 § 78B-4-201 - 203

This Utah section states that it is presumed that participants in equine or livestock activities are aware of and understand that there are inherent risks associated with these activities.  Thus, an equine activity sponsor, equine professional, livestock activity sponsor, or livestock professional is not liable for an injury to or the death of a participant due to the inherent risks associated with these activities.  The section also requires an equine professional to give notice to participants of the limitation of liability, either by the posting of a sign or by the execution of a written release.

UT - Hunting - § 23-20-29. Interference with hunting prohibited--Action to recover damages--Exceptions U.C.A. 1953 § 23-20-29, 23-20-29.5

This section reflects Utah's hunter harassment provisions. A person is guilty of a class B misdemeanor who intentionally interferes with the right of a person, licensed and legally hunting, to take wildlife by driving, harassing, or intentionally disturbing any species of wildlife for the purpose of disrupting a legal hunt, trapping, or predator control. A person adversely affected, or the state, may bring a civil action for damages resulting from the violation or a seek a restraining order. This section does not apply to incidental interference with a hunt caused by lawful activities including, but not limited to, ranching, mining, and recreation.

UT - Hunting - § 23-20-4.5. Illegal taking, possession, or wanton destruction of protected wildlife U.C.A. 1953 § 23-20-4.5

This statute lists the restitution amounts for the illegal killing of certain species (including bald and golden eagles) of wildlife, with enhanced monetary penalties for "trophy" animals.   These funds are used in educational and wildlife enforcement activities by the state.  For discussion of federal Eagle Act, see Detailed Discussion .

UT - Impound - (Repealed) § 77-24-1.5. Safekeeping by officer pending disposition--Records required U.C.A. 1953 § 77-24-1.5 (§§ 77-24-1 to 77-24-5. Repealed by Laws 2013, c. 394, § 40, eff. July 1, 2013)

§§ 77-24-1 to 77-24-5. Repealed by Laws 2013, c. 394, § 40, eff. July 1, 2013 (Formerly: this Utah statute, amended in 2011, states that each peace officer shall hold all "property" in safe custody until it is received into evidence or disposed of as provided in this chapter. He or she must also maintain a record that identifies it. Note that the provisions related to specifically to animal impoundment/euthanasia were removed.)

UT - Impound - Chapter 46. Animal Welfare Act. Part 1. General Provisions U.C.A. 1953 § 11-46-101 - 103

Under this act, animal control officers must hold stray animals in safe and humane custody for a minimum of 5 business days prior to making any final disposition of the animal. A stray animal may be euthanized prior to the completion of the 5-day period to prevent unnecessary suffering due to serious injury or disease.

UT - Initiatives - Utah Supermajority for Hunting Initiatives, Proposition 5 (1998) Utah Supermajority for Hunting Initiatives, Proposition 5 (1998) (passed) Proposition 5 amends present provisions of the Utah Constitution regarding the power of the people of the state to initiate legislation and submit it to a vote of the people for approval or rejection by majority vote. This proposition requires a two-thirds vote in order to adopt by initiative a state law allowing, limiting, or prohibiting the taking of wildlife or the season for or method of taking wildlife. The measures passed with 56.1% of the vote.
UT - Invasive Species - Chapter 27. Aquatic Invasive Species Interdiction Act U.C.A. 1953 § 23-27-101 - 401

These statutes comprise the Utah Aquatic Invasive Species Interdiction Act. This Act makes it illegal to possess a Dreissena mussel, release one into a water body, or transport a conveyance or equipment that has been in an infested water without decontaminating it. A violation is an infraction, but a knowing or intentional violation is guilty of a class A misdemeanor.

UT - License - § 10-8-65. Dogs--License and tax--Destruction, sale or other disposal U.C.A. 1953 § 10-8-65

This Utah statute, under the chapter relating the general powers of all cities, provides that cities 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.

UT - Lien - § 38-2-1. Lien on livestock--For feed and care U.C.A. 1953 § 38-2-1 Every ranchman, farmer, agistor, herder of cattle, tavern keeper or livery stable keeper to whom any domestic animals shall be entrusted for the purpose of feeding, herding or pasturing shall have a lien upon such animals for the amount that may be due him for such feeding, herding or pasturing, and is authorized to retain possession of such animals until such amount is paid.
UT - Livestock - § 76-6-111. Wanton destruction of livestock--Penalties--Seizure and disposition of property U.C.A. 1953 § 76-6-111

This Utah statute makes wanton destruction of livestock a crime. A person is guilty if that person intentionally or knowingly and without the permission of the owner injures, physically alters, releases, or causes the death of livestock. Wanton destruction of livestock is punishable as a misdemeanor or a felony, depending on the value of the livestock.

UT - Native American - § 64-13-40. Worship for native American inmates U.C.A. 1953 § 64-13-40

This unique provision allows Native American inmates in Utah access to eagle parts and other traditional ceremonial objects for use in worship.  The inmate has the burden of establishing his or her Native American ancestry.

UT - Nuisance Animals - Chapter 18. Furbearers. U.C.A. 1953 § 23-18-1 to 6

These Utah statutes require a furbearer license to take furbearers, except for red fox, striped skunk, or beavers that are doing damage to private property (with authorization). Fur dealers must have a fur dealer certificate of registration from the Division of Wildlife Resources.

UT - Predator Control - Chapter 23. Agricultural and Wildlife Damage Prevention Act U.C.A. 1953 § 4-23-101 - 111 This Utah statute is known as the Agricultural and Wildlife Damage Prevention Act. It creates the Agricultural and Wildlife Damage Prevention Board and Agricultural and Wildlife Damage Prevention Account. This act also makes it a class B misdemeanor to hold a raccoon or coyote in captivity (with exceptions).
UT - Sterilization - Animal Welfare Act. Part 2. Animal Shelter Pet Sterilization Act U.C.A. 1953 § 11-46-201 - 208

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.

UT - Trusts - § 75-2-1001. Honorary trusts--Trusts for pets U.C.A. 1953 § 75-2-1001

This Utah statute provides that a trust for the care of a designated domestic or pet animal is valid. The trust terminates when no living animal is covered by the trust. Trusts under this section shall be liberally construed to presume against the merely precatory or honorary nature of the disposition, and to carry out the general intent of the transferor.

UT - Veterinary - Chapter 28. Veterinary Practice Act. U.C.A. 1953 § 58-28-101 - 606

These are the state's veterinary practice laws.  Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.

UT - Wildlife - Title 23. Wildlife Resources Code of Utah U.C.A. 1953 § 23-13-1 - 19

Under these Utah statutes, all wildlife is the property of the state unless held in private ownership, but it is illegal to hold protected wildlife in captivity, with exceptions, such as for furbearers. Other provisions deal with invasive species, forbid remote-controlled hunting, establish the Utah State Hunting and Fishing Day, and provide penalties for violations.

UT - Wolves - Chapter 29. Wolf Management Act U.C.A. 1953 § 23-29-101 - 202

Under the Utah Wolf Management Act, wolves must be managed so as to prevent the establishment of a viable pack anywhere in the state where the wolf is not listed as threatened or endangered until the wolf is delisted. If a wolf is discovered in an area where wolves are listed as threatened or endangered, the division must request its immediate removal from the state by the United States Fish and Wildlife Service.

VA - Assistance animal - Assistance Animal/Guide Dog Laws Va. Code Ann. § 3.2-6528, 6588; § 46.2-932.1 - 934; § 51.5-40.1 - 51.5-46; § 36-96.1.1 - 3.2

The following statutes comprise the state's relevant assistance animal and guide dog laws.

VA - Breeder - § 3.2-6500. Definitions (definitions for commercial breeder) Va. Code Ann. § 3.2-6500

Provides most recent definitions for terms used throughout the rest of the statute, including but not limited to private and public animal shelters, commercial breeder, shelter, pet shop, and kennel.

VA - Cemeteries, Pet - Article 8. Pet Cemeteries VA Code Ann. §§ 57-39.20 - 57-39.25

This Virginia chapter concerns pet cemeteries. “Pet cemetery” means land, together with any structures, facilities, or buildings appurtenant thereto provided to members of the public for use or reservation for use for the individual interment, above or below ground, of pet remains. The owner of land used for a pet cemetery must file a declaration in the office of the clerk restricting the land use. Each pet cemetery operation must establish a "perpetual care fund" of  at least $12,000 before the first plot is sold in the pet cemetery. Violation of § 57-39.22 relating to the perpetual care fund is a Class 3 misdemeanor.

VA - Cruelty - Article 7. Animal Control Officers and Humane Investigators. Article 8. Search, Seizure, Impounding, and Enforcem Va. Code Ann. § 3.2-6555 - 3.2-6569

These chapters relate to the qualifications and duties of animal control officers and the procedures for impounding stray animals.

VA - Cruelty - Consolidated Cruelty Statutes Va. Code Ann. §§ 3.2-6500 - 6590; Va. Code Ann. § 18.2-361; § 18.2-144.1

These Virginia statutes set forth Title 3.2, the Comprehensive Animal Care laws, which include the state's anti-cruelty and animal fighting provisions. For the purposes of § 3.2-6570, the operative animal cruelty law, animal means any nonhuman vertebrate species including fish except those fish captured and killed or disposed of in a reasonable and customary manner. The section has a misdemeanor animal cruelty law as well as a felony provision related to torture or willful infliction of cruelty. The section requires companion animal owners to provide adequate care.

VA - Dangerous - § 3.2-6540. Control of dangerous or vicious dogs; penalties Va. Code Ann. § 3.2-6540 - 6542

These Virginia statutes amended in 2013 provide the state's dangerous dog laws. The first law outlines control procedures for a dangerous dog, defined as a canine or canine crossbreed that has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or killed a companion animal that is a dog or cat.. The new section deals with a "vicious dog," defined as a canine or canine crossbreed that has (i) killed a person, (ii) inflicted serious injury to a person, or (iii) continued to exhibit the behavior that resulted in a previous finding by a court or, on or before July 1, 2006, by an animal control officer as authorized by ordinance that it is a dangerous dog, provided that its owner has been given notice of that finding.

VA - Dangerous - § 3.2-6541. Authority to prohibit training of attack dogs Va. Code Ann. § 3.2-6541

This Virginia statute provides that Fairfax County may enact an ordinance that prohibits persons from training dogs on residential property to attack.

VA - Dangerous - § 3.2-6553. Compensation for livestock and poultry killed by dogs Va. Code Ann. § 3.2-6553 This Virginia statute states that any person who has any livestock or poultry killed or injured by any dog not his or her own shall be entitled to receive the fair market value of such livestock or poultry not to exceed $750 per animal or $10 per fowl, provided that the claimant has furnished evidence, the animal control officer was notified within seventy-two hours after discovery of the damage, and the claimant has exhausted other legal remedies.  However, local jurisdictions may by ordinance waive the last two requirements provided that the ordinance adopted requires that the animal control officer has conducted an investigation and that his investigation supports the claim.
VA - Disaster - § 44-146.18. Department of Emergency Services continued as Department of Emergency Management; VA Code Ann. § 44-146.18

In Virginia, the State Department of Emergency Management must develop an emergency response plan to address the needs of individuals with household pets and service animals in the event of a disaster (subsection (B)(19)).

VA - Dogs - Consolidated Dog Laws Va. Code Ann. § 3.2-5900 - 6590; § 15.2-981; § 18.2-97, 97.1; § 18.2-313.1; § 18.2-403.3; § 29.1-422; § 29.1-516.1; § 32.1-48.1 - .4

These Virginia statutes comprise the state's dog laws.  Among the provisions include laws on the sale of dogs, rabies control laws, and sections concerning damage done by dogs.

VA - Domestic Violence - Protective orders Va. Code Ann.§§ 16.1-253, 16.1-253.1, 16.1-253.4, 16.1-279.1, 19.2-152.8, 19.2-152.9, and 19.2-152.10 In 2014, Virginia amended its Protective Order laws to grant petitioners possession of any “companion animal," so long as the petitioner is considered the owner. Companion animals include any family pets, such as dogs, cats, hamsters, etc., but do not include farm animals. To be considered an owner, a petitioner must either have a property interest in the animal, keep or house the animal, have the animal in their care, or have acted as a custodian of the animal. This new provision is now included in Virginia's Emergency Protective Orders, Preliminary Protective Orders, and Protective Orders.
VA - Education - § 22.1-200.01. Alternatives to animal dissection VA Code Ann. § 22.1-200.01 This Virginia law states that local school divisions shall provide students with alternatives to animal dissection techniques. The Board of Education shall establish guidelines to be implemented by local school divisions regarding such alternative dissection techniques. In addition, those guidelines must provide notification to students and parents of the option to decline participation in animal dissection.
VA - Endangered Species - Article 6. Endangered Species. Va. Code Ann. §§ 29.1-563 - 570 The taking, transportation, possession, sale, or offer for sale within the Commonwealth of any fish or wildlife appearing on any list of threatened or endangered species published by the United States Secretary of the Interior pursuant to the provisions of the federal Endangered Species Act of 1973 (P.L. 93-205), or any modifications or amendments thereto, is prohibited except as provided in § 29.1-568. Interestingly, the state mandates that anyone who keeps a non-native or exotic reptile must keep the reptile so as to prevent it from running-at-large or escaping.  Violation of this provision is a Class 2 misdemeanor.
VA - Equine - Chapter 62. Equine Activity Liability/Chapter 63. Ox Activity Liability Va. Code Ann. § 3.2-6200 - 6302

This Virginia section provides that an equine activity sponsor, an equine professional, or any other person shall not be liable for an injury to or death of a participant resulting from the intrinsic dangers of equine activities.  Liability is not limited where the equine professional intentionally injures the participant, commits an act or omission that constitutes negligence for the safety of the participant, or knowingly provides faulty equipment or tack that causes injury.  The statute seems to imply that a waiver should be executed when a participant engages in equine activities to adequately insulate the equine professional.

VA - Exotic Pets - Article 11. Hybrid Canines Va. Code Ann. § 3.2-6581 - 6584

This section provides Virginia's hybrid canine laws (registered or described to a veterinarian, animal control, or other listed authority as a wolf or coyote-dog cross) . Under the section, any locality may, by ordinance, establish a permit system to ensure the adequate confinement and responsible ownership of hybrid canines. Violation of an ordinance enacted pursuant to this section is a Class 3 misdemeanor for the first violation and a Class 1 misdemeanor for any subsequent violation. Further, it is the duty of any animal control officer or other officer who may find a hybrid canine in the act of killing or injuring livestock or poultry to kill such hybrid canine forthwith, whether such hybrid canine bears a tag or not.

VA - Facility dog - § 18.2-67.9:1. Use of a certified facility dog for testimony in a criminal proceeding VA Code Ann. § 18.2-67.9:1 This Virginia law, enacted in 2018, allows either party in a criminal proceeding to apply for an order from the court allowing a certified facility dog to be present with a witness testifying before the court through in-person testimony or testimony televised by two-way closed-circuit television. A court may allow if it several factors are found by a preponderance of the evidence. In this section, a “certified facility dog” means a dog that (i) has completed training and been certified by a program accredited by Assistance Dogs International or by another assistance dog organization that is a member of an organization whose main purpose is to improve training, placement, and utilization of assistance dogs and (ii) is accompanied by a duly trained handler.

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