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H.B. 158
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ANIMAL SHELTER PET STERILIZATION
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ACT AMENDMENTS
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2000 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Gerry A. Adair
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AN ACT RELATING TO LOCAL GOVERNMENT; AMENDING PROVISIONS REGARDING
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ANIMAL SHELTERS TO CLARIFY THAT STATE LAW DOES NOT REQUIRE
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STERILIZATION OF AN IMPOUNDED LOST ANIMAL IN ORDER TO RECLAIM IT.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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10-17-102, as enacted by Chapter 156, Laws of Utah 1998
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10-17-103, as enacted by Chapter 156, Laws of Utah 1998
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10-17-104, as enacted by Chapter 156, Laws of Utah 1998
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17-42-102, as enacted by Chapter 156, Laws of Utah 1998
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17-42-103, as enacted by Chapter 156, Laws of Utah 1998
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17-42-104, as enacted by Chapter 156, Laws of Utah 1998
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77-24-1.5, as last amended by Chapter 156, Laws of Utah 1998
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
10-17-102
is amended to read:
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10-17-102. Definitions.
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As used in this chapter:
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(1) "Animal" means a cat or dog.
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(2) "Animal shelter" means a facility or program:
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(a) providing services for stray, lost, or unwanted animals, including holding and placing
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the animals for adoption, but does not include an institution conducting research on animals, as
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defined in Section
26-26-1
; and
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(b) operated by:
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(i) a first or second class county as defined in Section
17-16-13
;
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(ii) a municipality with a population of 40,000 or greater;
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(iii) a first or second class county operating the shelter jointly with any municipality; or
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(iv) a private humane society or private animal welfare organization located within a first
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or second class county or within a municipality with a population of 40,000 or greater.
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(3) "Person" means an individual, an entity, or a representative of an entity.
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(4) "Proof of sterilization" means a written document signed by a veterinarian licensed
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under Title 58, Chapter 28, Veterinary Practice Act, stating:
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(a) a specified animal has been sterilized;
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(b) the date on which the sterilization was performed; and
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(c) the location where the sterilization was performed.
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(5) "Recipient" means the person to whom an animal shelter transfers an animal for
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adoption.
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(6) "Sterilization deposit" means the portion of a fee charged by an animal shelter to a
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recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in
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accordance with an agreement between the recipient or the claimant and the animal shelter.
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(7) "Sterilized" means that an animal has been surgically altered, either by the spaying of
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a female animal or by the neutering of a male animal, so it is unable to reproduce.
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(8) "Transfer" means that an animal shelter sells, gives away, or by other procedures places
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[for adoption, or transfers] an animal [to] with a recipient for adoption.
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Section 2.
Section
10-17-103
is amended to read:
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10-17-103. Animal shelters shall transfer only sterilized animals, or shall require
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sterilization deposit.
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(1) An animal shelter may not transfer to a recipient an animal that has not been sterilized,
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except as provided in Subsection (2).
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(2) An animal shelter may transfer to a recipient an animal that has not been sterilized only
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if the animal shelter:
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(a) establishes a written agreement, executed by the recipient, stating the animal is not
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sterilized and the recipient agrees in writing to be responsible for ensuring the animal is sterilized:
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(i) within 30 days after the agreement is signed, if the animal is six months of age or older;
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or
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(ii) if the animal is younger than six months of age, within 30 days after the animal
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becomes six months of age; and
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(b) receives from the recipient a sterilization deposit as provided under Section
10-17-104
,
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the terms of which are part of the written agreement executed by the recipient under this section.
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Section 3.
Section
10-17-104
is amended to read:
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10-17-104. Sterilization deposit.
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(1) A sterilization deposit [may be] is:
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(a) a portion of the adoption fee or purchase price of the pet, which will enable the adopter
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to take the pet for sterilization to a veterinarian with whom the animal shelter has an agreement
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that the veterinarian will bill the animal shelter directly for the sterilization; or
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(b) a deposit that is:
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(i) refundable to the recipient if proof of sterilization of the animal within the appropriate
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time limits under Section
10-17-103
is presented to the animal shelter not more than three months
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after the date the animal is sterilized; and
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(ii) forfeited to the animal shelter if proof of sterilization is not presented to the animal
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shelter in compliance with Subsection (1)(b)(i)[; or].
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[(c) a deposit under Section
10-17-106
required to claim an unsterilized animal impounded
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at the animal shelter.]
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(2) Sterilization deposits under Subsection (1) shall reflect the average reduced cost of a
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sterilization of an animal, based on the gender and weight of the animal, that is reasonably
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available in the area where the animal shelter is located, but the deposit may not be less than $25.
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(3) If a female dog or cat and her litter are transferred to one person, a sterilization deposit
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is required only for the female dog or cat.
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(4) All sterilization deposits forfeited or unclaimed under this section shall be retained by
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the animal shelter and shall be used by the animal shelter only for:
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(a) a program to sterilize animals, which may include a sliding scale fee program;
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(b) a public education program to reduce and prevent overpopulation of animals and the
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related costs to local governments;
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(c) a follow-up program to assure that animals transferred by the animal shelter are
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sterilized in accordance with the agreement executed under Section
10-17-103
; and
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(d) any additional costs incurred by the animal shelter in the administration of the
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requirements of this chapter.
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Section 4.
Section
17-42-102
is amended to read:
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17-42-102. Definitions.
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As used in this chapter:
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(1) "Animal" means a cat or dog.
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(2) "Animal shelter" means a facility or program:
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(a) providing services for stray, lost, or unwanted animals, including holding and placing
97
the animals for adoption, but does not include an institution conducting research on animals, as
98
defined in Section
26-26-1
; and
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(b) operated by:
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(i) a first or second class county as defined in Section
17-16-13
;
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(ii) a municipality with a population of 40,000 or greater;
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(iii) a first or second class county operating the shelter jointly with any municipality; or
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(iv) a private humane society or private animal welfare organization located within a first
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or second class county or within a municipality with a population of 40,000 or greater.
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(3) "Person" means an individual, an entity, or a representative of an entity.
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(4) "Proof of sterilization" means a written document signed by a veterinarian licensed
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under Title 58, Chapter 28, Veterinary Practice Act, stating:
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(a) a specified animal has been sterilized;
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(b) the date on which the sterilization was performed; and
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(c) the location where the sterilization was performed.
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(5) "Recipient" means the person to whom an animal shelter transfers an animal for
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adoption.
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(6) "Sterilization deposit" means the portion of a fee charged by an animal shelter to a
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recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in
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accordance with an agreement between the recipient or the claimant and the animal shelter.
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(7) "Sterilized" means that an animal has been surgically altered either by the spaying of
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a female animal or by the neutering of a male animal, so it is unable to reproduce.
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(8) "Transfer" means that an animal shelter sells, gives away, or by other procedure places
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[for adoption, or transfers] an animal [to] with a recipient for adoption.
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Section 5.
Section
17-42-103
is amended to read:
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17-42-103. Animal shelters shall transfer only sterilized animals, or shall require
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sterilization deposit.
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(1) An animal shelter may not transfer to a recipient an animal that has not been sterilized,
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except as provided in Subsection (2).
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(2) An animal shelter may transfer to a recipient an animal that has not been sterilized only
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if the animal shelter:
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(a) establishes a written agreement, executed by the recipient, stating the animal is not
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sterilized and the recipient agrees in writing to be responsible for ensuring the animal is sterilized:
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(i) within 30 days after the agreement is signed, if the animal is six months of age or older;
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or
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(ii) if the animal is younger than six months of age, within 30 days after the animal
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becomes six months of age; and
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(b) receives from the recipient a sterilization deposit as provided under Section
17-42-104
,
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the terms of which are part of the written agreement executed by the recipient under this section.
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Section 6.
Section
17-42-104
is amended to read:
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17-42-104. Sterilization deposit.
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(1) A sterilization deposit [may be] is:
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(a) a portion of the adoption fee or purchase price of the pet, which will enable the adopter
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to take the pet for sterilization to a veterinarian with whom the animal shelter has an agreement
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that the veterinarian will bill the animal shelter directly for the sterilization; or
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(b) a deposit that is:
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(i) refundable to the recipient if proof of sterilization of the animal within the appropriate
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time limits under Section
17-42-103
is presented to the animal shelter not more than three months
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after the date the animal is sterilized; and
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(ii) forfeited to the animal shelter if proof of sterilization is not presented to the animal
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shelter in compliance with Subsection (1)(b)(i)[; or].
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[(c) a deposit under Section
17-42-106
required to claim an unsterilized animal impounded
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at the animal shelter.]
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(2) Sterilization deposits under Subsection (1) shall reflect the average reduced cost of a
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sterilization of an animal, based on the gender and weight of the animal, that is reasonably
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available in the area where the animal shelter is located, but the deposit may not be less than $25.
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(3) If a female dog or cat and her litter are transferred to one person, a sterilization deposit
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is required only for the female dog or cat.
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(4) All sterilization deposits forfeited or unclaimed under this section shall be retained by
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the animal shelter and shall be used by the animal shelter only for:
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(a) a program to sterilize animals, which may include a sliding scale fee program;
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(b) a public education program to reduce and prevent overpopulation of animals and the
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related costs to local governments;
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(c) a follow-up program to assure that animals transferred by the animal shelter are
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sterilized in accordance with the agreement executed under Section
17-42-103
; and
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(d) any additional costs incurred by the animal shelter in the administration of the
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requirements of this chapter.
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Section 7.
Section
77-24-1.5
is amended to read:
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77-24-1.5. Safekeeping by officer pending disposition -- Records required -- Stray
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animals.
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(1) Each peace officer shall:
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(a) hold custodial property in safe custody:
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(i) until it is received into evidence; or
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(ii) if it is not used as evidence, until it can be disposed of as provided in this chapter; and
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(b) maintain a proper record of the custodial property that identifies:
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(i) the owner of the custodial property, if known; and
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(ii) the case for which it was taken or received and is being held.
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(2) (a) Each municipal or county animal control officer shall hold any unidentified or
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unclaimed stray dog or stray cat in safe and humane custody for a minimum of three working days
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after the time of impound prior to making any final disposition of the animal, including:
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(i) placement in an adoptive home [or other transfer of the animal], which shall be in
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compliance with Title 10, Chapter 17, Municipal Animal Shelter Pet Sterilization Act, or Title 17,
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Chapter 42, County Animal Shelter Pet Sterilization Act; or
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(ii) euthanasia.
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(b) An unidentified or unclaimed stray dog or stray cat may be euthanized prior to the
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completion of the three working day minimum holding period to prevent unnecessary suffering due
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to serious injury or disease, if the euthanasia is in compliance with written established agency or
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department policies and procedures, and with any local ordinances allowing the destruction.
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(c) An unidentified or unclaimed stray dog or stray cat shall be returned to its owner upon:
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(i) proof of ownership; and
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(ii) compliance with requirements of local animal control ordinances[; and].
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[(iii) compliance with Title 10, Chapter 17, Municipal Animal Shelter Pet Sterilization
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Act, or Title 17, Chapter 42, County Animal Shelter Pet Sterilization Act.]
Legislative Review Note
as of 1-24-00 7:19 AM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.