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S.B. 206

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SHELTER ADOPTED ANIMALS - PET NEUTERING

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1997 GENERAL SESSION

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STATE OF UTAH

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Sponsor: Robert C. Steiner

5    AN ACT RELATING TO LOCAL GOVERNMENT AND ANIMAL WELFARE; PROVIDING
6    THAT ANIMAL SHELTERS AND ORGANIZATIONS SHALL ALTER CATS AND DOGS
7    BEFORE PLACEMENT; REQUIRING THAT IF A CAT OR DOG IS NOT STERILIZED
8    WHEN RELEASED, THE PERSON RECEIVING THE ANIMAL PROVIDE A
9    STERILIZATION DEPOSIT THAT IS SUBJECT TO FORFEITURE FOR
10    NONCOMPLIANCE; PROVIDING THAT ANIMAL SHELTERS SHALL APPLY
11    FORFEITED DEPOSITS TO REDUCING PET OVERPOPULATION; AND PROVIDING
12    AN EFFECTIVE DATE.
13    This act affects sections of Utah Code Annotated 1953 as follows:
14    AMENDS:
15         77-24-1.5, as last amended by Chapter 104, Laws of Utah 1995
16    ENACTS:
17         10-17-1, Utah Code Annotated 1953
18         10-17-2, Utah Code Annotated 1953
19         10-17-3, Utah Code Annotated 1953
20         10-17-4, Utah Code Annotated 1953
21         10-17-5, Utah Code Annotated 1953
22         10-17-6, Utah Code Annotated 1953
23         10-17-7, Utah Code Annotated 1953
24         10-17-8, Utah Code Annotated 1953
25         17-42-1, Utah Code Annotated 1953
26         17-42-2, Utah Code Annotated 1953
27         17-42-3, Utah Code Annotated 1953


1         17-42-4, Utah Code Annotated 1953
2         17-42-5, Utah Code Annotated 1953
3         17-42-6, Utah Code Annotated 1953
4         17-42-7, Utah Code Annotated 1953
5         17-42-8, Utah Code Annotated 1953
6    Be it enacted by the Legislature of the state of Utah:
7        Section 1. Section 10-17-1 is enacted to read:
8    
CHAPTER 17. ANIMAL SHELTER PET STERILIZATION ACT

9         10-17-1. Title.
10        This chapter is known as the "Animal Shelter Pet Sterilization Act."
11        Section 2. Section 10-17-2 is enacted to read:
12         10-17-2. Definitions.
13        As used in this chapter:
14        (1) "Animal" means a cat or dog.
15        (2) "Animal shelter" means a facility or program:
16        (a) providing services for stray, lost, or unwanted animals, including holding and placing
17    the animals for adoption; and
18        (b) operated by a county or municipality, or by a county and municipality jointly, or by
19    a private humane society or private animal welfare organization.
20        (3) "Person" means an individual, an entity, or a representative of an entity.
21        (4) "Proof of sterilization" means a written document signed by a veterinarian licensed
22    under Title 58, Chapter 28, Veterinary Practice Act, stating:
23        (a) a specified animal has been sterilized;
24        (b) the date on which the sterilization was performed; and
25        (c) the location where the sterilization was performed.
26        (5) "Recipient" means the person to whom an animal is sold, given, transferred, or placed
27    for adoption by an animal shelter.
28        (6) "Sterilized" means that an animal has been surgically altered so it is unable to
29    reproduce, either by the spaying of a female animal or by the neutering of a male animal.
30        (7) "Sterilization deposit" means the portion of a fee charged by an animal shelter to a
31    recipient or claimant of an unsterilized animal to ensure the animal is timely spayed or neutered

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1    in accordance with an agreement between the recipient or the claimant and the animal shelter.
2        (8) "Transfer" means that an animal shelter sells, gives away, places for adoption, or
3    transfers an animal to a recipient.
4        Section 3. Section 10-17-3 is enacted to read:
5         10-17-3. Animal shelters shall transfer only sterilized animals, or shall require
6     sterilization deposit.
7        (1) An animal shelter may not transfer an animal that has not been sterilized, except as
8    provided in Subsection (2).
9        (2) An animal shelter may transfer an animal that has not been sterilized only if the animal
10    shelter:
11        (a) establishes a written agreement, executed by the recipient, stating the animal is not
12    sterilized and the recipient agrees in writing to be responsible for ensuring the animal is sterilized:
13        (i) within 30 days after the agreement is signed, if the animal is six months of age or older;
14    or
15        (ii) if the animal is younger than six months of age, within 30 days after the animal
16    becomes six months of age; and
17        (b) receives from the recipient a sterilization deposit as provided under Section 10-17-4,
18    the terms of which are part of the written agreement executed by the recipient under this section.
19        Section 4. Section 10-17-4 is enacted to read:
20         10-17-4. Sterilization deposit.
21        (1) A sterilization deposit may be:
22        (a) a portion of the adoption fee or purchase price of the pet which will enable the adopter
23    to take the pet for sterilization to a veterinarian with whom the animal shelter has an agreement
24    that the veterinarian will bill the animal shelter directly for the sterilization;
25        (b) a deposit that is:
26        (i) refundable to the recipient if proof of sterilization of the animal within the appropriate
27    time limits under Section 10-17-3 is presented to the animal shelter not more than three months
28    after the date the animal is sterilized; and
29        (ii) forfeited to the animal shelter if proof of sterilization is not presented to the animal
30    shelter in compliance with Subsection (1)(b)(i); or
31        (c) a deposit under Section 10-17-6 required to claim an unsterilized animal impounded

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1    at the animal shelter.
2        (2) Sterilization deposits under Subsection (1) shall reflect the average reduced cost of a
3    sterilization of an animal, based on the gender and weight of the animal, that is reasonably
4    available in the area where the animal shelter is located, but the deposit may not be less than $25.
5        (3) If a female dog or cat and her offspring are transferred to one person, a sterilization
6    deposit is required only for the female dog or cat.
7        (4) All sterilization deposits forfeited or unclaimed under this section shall be retained by
8    the animal shelter and shall be used by the animal shelter only for:
9        (a) a program to spay animals, which may include a sliding scale fee program;
10        (b) a public education program to reduce and prevent overpopulation of animals and the
11    related costs to local governments;
12        (c) a follow-up program to assure that animals transferred by the animal shelter are
13    sterilized in accordance with the agreement executed under Section 10-17-3; and
14        (d) any additional costs incurred by the animal shelter in the administration of the
15    requirements of this chapter.
16        Section 5. Section 10-17-5 is enacted to read:
17         10-17-5. Failure to comply with sterilization agreement.
18        If a recipient fails to comply with the sterilization agreement under Section 10-17-3:
19        (1) the failure is ground for seizure and impoundment of the animal by the animal shelter
20    from whom the recipient obtained the animal;
21        (2) the recipient relinquishes all ownership rights regarding the animal and any claim to
22    expenses incurred in maintenance and care of the animal; and
23        (3) the recipient forfeits the sterilization deposit.
24        Section 6. Section 10-17-6 is enacted to read:
25         10-17-6. Sterilization deposit for redemption of impounded animal.
26        (1) An animal shelter may release an impounded animal to its owner only upon payment
27    of all impound fees required by the shelter and:
28        (a) receipt of proof the animal has been sterilized; or
29        (b) a sterilization deposit.
30        (2) The sterilization deposit shall be refunded to the owner only if the owner provides
31    proof of sterilization to the animal shelter within 30 days of release of the animal to the owner.

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1        Section 7. Section 10-17-7 is enacted to read:
2         10-17-7. Penalties.
3        (1) (a) A person who knowingly commits any of the violations in Subsection (2) is subject
4    to a civil penalty of not less than $250 on a first violation of Subsection (2), and a civil penalty of
5    not less than $500 on any second or subsequent violation of Subsection (2).
6        (b) The administrator of the animal shelter imposes the civil penalties under this section.
7        (2) A person is subject to the civil penalties under Subsection (1) who:
8        (a) falsifies any proof of sterilization submitted for the purpose of compliance with this
9    chapter;
10        (b) provides to an animal shelter or a licensed veterinarian inaccurate information
11    regarding ownership of any animal required to be submitted for sterilization under this chapter;
12        (c) submits to an animal shelter false information regarding sterilization fees or fee
13    schedules; or
14        (d) issues a check for insufficient funds for any sterilization deposit required of the person
15    under this chapter.
16        (3) A person who contests a civil penalty imposed against him under this section is entitled
17    to an administrative hearing that provides for the person's rights of due process.
18        (4) All penalties collected under this section shall be retained by the animal shelter
19    imposing the penalties, to be used solely for the purposes under Subsection 10-17-4(4).
20        Section 8. Section 10-17-8 is enacted to read:
21         10-17-8. Local ordinances may be no less restrictive.
22        Local ordinances or the adoption or placement procedures of any animal shelter shall be
23    at least as restrictive as the provisions of this chapter.
24        Section 9. Section 17-42-1 is enacted to read:
25    
CHAPTER 42. ANIMAL SHELTER PET STERILIZATION ACT

26         17-42-1. Title.
27        This chapter is known as the "Animal Shelter Pet Sterilization Act."
28        Section 10. Section 17-42-2 is enacted to read:
29         17-42-2. Definitions.
30        As used in this chapter:
31        (1) "Animal" means a cat or dog.

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1        (2) "Animal shelter" means a facility or program:
2        (a) providing services for stray, lost, or unwanted animals, including holding and placing
3    the animals for adoption; and
4        (b) operated by a county or municipality, or by a county and municipality jointly, or by
5    a private humane society or private animal welfare organization.
6        (3) "Person" means an individual, an entity, or a representative of an entity.
7        (4) "Proof of sterilization" means a written document signed by a veterinarian licensed
8    under Title 58, Chapter 28, Veterinary Practice Act, stating:
9        (a) a specified animal has been sterilized;
10        (b) the date on which the sterilization was performed; and
11        (c) the location where the sterilization was performed.
12        (5) "Recipient" means the person to whom an animal is sold, given, transferred, or placed
13    for adoption by an animal shelter.
14        (6) "Sterilized" means that an animal has been surgically rendered unable to reproduce,
15    either by the spaying of a female animal or by the neutering of a male animal.
16        (7) "Sterilization deposit" means the portion of a fee charged by an animal shelter to a
17    recipient or claimant of an unsterilized animal to ensure the animal is timely spayed or neutered
18    in accordance with an agreement between the recipient or the claimant and the animal shelter.
19        (8) "Transfer" means that an animal shelter sells, gives away, places for adoption, or
20    transfers an animal to a recipient.
21        Section 11. Section 17-42-3 is enacted to read:
22         17-42-3. Animal shelters shall transfer only sterilized animals, or shall require
23     sterilization deposit.
24        (1) An animal shelter may not transfer an animal that has not been sterilized, except as
25    provided in Subsection (2).
26        (2) An animal shelter may transfer an animal that has not been sterilized only if the animal
27    shelter:
28        (a) establishes a written agreement, executed by the recipient, stating the animal is not
29    sterilized and the recipient agrees in writing to be responsible for ensuring the animal is sterilized:
30        (i) within 30 days after the agreement is signed, if the animal is six months of age or older;
31    or

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1        (ii) if the animal is younger than six months of age, within 30 days after the animal
2    becomes six months of age; and
3        (b) receives from the recipient a sterilization deposit as provided under Section 17-42-4,
4    the terms of which are part of the written agreement executed by the recipient under this section.
5        Section 12. Section 17-42-4 is enacted to read:
6         17-42-4. Sterilization deposit.
7        (1) A sterilization deposit may be:
8        (a) a portion of the adoption fee or purchase price of the pet which will enable the adopter
9    to take the pet for sterilization to a veterinarian with whom the animal shelter has an agreement
10    that the veterinarian will bill the animal shelter directly for the sterilization;
11        (b) a deposit that is:
12        (i) refundable to the recipient if proof of sterilization of the animal within the appropriate
13    time limits under Section 17-42-3 is presented to the animal shelter not more than three months
14    after the date the animal is sterilized; and
15        (ii) forfeited to the animal shelter if proof of sterilization is not presented to the animal
16    shelter in compliance with Subsection (1)(b)(i); or
17        (c) a deposit under Section 17-42-6 required to claim an unsterilized animal impounded
18    at the animal shelter.
19        (2) Sterilization deposits under Subsection (1) shall reflect the average reduced cost of a
20    sterilization of an animal, based on the gender and weight of the animal, that is reasonably
21    available in the area where the animal shelter is located, but the deposit may not be less than $25.
22        (3) If a female dog or cat and her offspring are transferred to one person, a sterilization
23    deposit is required only for the female dog or cat.
24        (4) All sterilization deposits forfeited or unclaimed under this section shall be retained by
25    the animal shelter and shall be used by the animal shelter only for:
26        (a) a program to spay animals, which may include a sliding scale fee program;
27        (b) a public education program to reduce and prevent overpopulation of animals and the
28    related costs to local governments;
29        (c) a follow-up program to assure that animals transferred by the animal shelter are
30    sterilized in accordance with the agreement executed under Section 17-42-3; and
31        (d) any additional costs incurred by the animal shelter in the administration of the

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1    requirements of this chapter.
2        Section 13. Section 17-42-5 is enacted to read:
3         17-42-5. Failure to comply with sterilization agreement.
4        If a recipient fails to comply with the sterilization agreement under Section 17-42-3:
5        (1) the failure is ground for seizure and impoundment of the animal by the animal shelter
6    from whom the recipient obtained the animal;
7        (2) the recipient relinquishes all ownership rights regarding the animal and any claim to
8    expenses incurred in maintenance and care of the animal; and
9        (3) the recipient forfeits the sterilization deposit.
10        Section 14. Section 17-42-6 is enacted to read:
11         17-42-6. Sterilization deposit for redemption of impounded animal.
12        (1) An animal shelter may release an impounded animal to its owner only upon payment
13    of all impound fees required by the shelter and:
14        (a) receipt of proof the animal has been sterilized; or
15        (b) a sterilization deposit.
16        (2) The sterilization deposit shall be refunded to the owner only if the owner provides
17    proof of sterilization to the animal shelter within 30 days of release of the animal to the owner.
18        Section 15. Section 17-42-7 is enacted to read:
19         17-42-7. Penalties.
20        (1) (a) A person who knowingly commits any of the violations in Subsection (2) is subject
21    to a civil penalty of not less than $250 on a first violation of Subsection (2), and a civil penalty of
22    not less than $500 on any second or subsequent violation of Subsection (2).
23        (b) The administrator of the animal shelter imposes the civil penalties under this section.
24        (2) A person is subject to the civil penalties under Subsection (1) who:
25        (a) falsifies any proof of sterilization submitted for the purpose of compliance with this
26    chapter;
27        (b) provides to an animal shelter or a licensed veterinarian inaccurate information
28    regarding ownership of any animal required to be submitted for sterilization under this chapter;
29        (c) submits to an animal shelter false information regarding sterilization fees or fee
30    schedules; or
31        (d) issues a check for insufficient funds for any sterilization deposit required of the person

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1    under this chapter.
2        (3) A person who contests a civil penalty imposed against him under this section is entitled
3    to an administrative hearing that provides for the person's rights of due process.
4        (4) All penalties collected under this section shall be retained by the animal shelter
5    imposing the penalties, to be used solely for the purposes under Subsection 17-42-4(4).
6        Section 16. Section 17-42-8 is enacted to read:
7         17-42-8. Local ordinances may be no less restrictive.
8        Local ordinances or the adoption or placement procedures of any animal shelter shall be
9    at least as restrictive as the provisions of this chapter.
10        Section 17. Section 77-24-1.5 is amended to read:
11         77-24-1.5. Safekeeping by officer pending disposition -- Records required -- Stray
12     animals.
13        (1) Each peace officer shall:
14        (a) hold custodial property in safe custody:
15        (i) until it is received into evidence; or
16        (ii) if it is not used as evidence, until it can be disposed of as provided in this chapter; and
17        (b) maintain a proper record of the custodial property that identifies:
18        (i) the owner of the custodial property, if known; and
19        (ii) the case for which it was taken or received and is being held.
20        (2) (a) Each municipal or county animal control officer shall hold any unidentified or
21    unclaimed stray dog or stray cat in safe and humane custody for a minimum of three working days
22    after the time of impound prior to making any final disposition of the animal, including:
23        (i) placement in an adoptive home or other transfer of the animal, which shall be in
24    compliance with Title 10, Chapter 17, Animal Shelter Pet Sterilization Act, or Title 17, Chapter
25    42, Animal Shelter Pet Sterilization Act; or
26        (ii) euthanasia.
27        (b) An unidentified or unclaimed stray dog or stray cat may be euthanized prior to the
28    completion of the three working day minimum holding period to prevent unnecessary suffering
29    due to serious injury or disease, if the euthanasia is in compliance with written established agency
30    or department policies and procedures, and with any local ordinances allowing the destruction.
31        (c) An unidentified or unclaimed stray dog or stray cat shall be returned to its owner upon:

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1        (i) proof of ownership [and upon];
2        (ii) compliance with requirements of local animal control ordinances; and
3        (iii) compliance with Title 10, Chapter 17, Animal Shelter Pet Sterilization Act, or Title
4    17, Chapter 42, Animal Shelter Pet Sterilization Act.
5        Section 18. Effective date.
6        If approved by two-thirds of all the members elected to each house, this act takes effect
7    upon approval by the governor, or the day following the constitutional time limit of Utah
8    Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
9    date of veto override.




Legislative Review Note
    as of 2-19-97 4:52 PM


A limited legal review of this bill raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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