First Substitute H.B. 273

Representative Jennifer M. Seelig proposes the following substitute bill:

1 ANIMAL CONTROL AMENDMENTS
2 2011 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Jennifer M. Seelig
5 Senate Sponsor: Dennis E. Stowell
6
7 LONG TITLE
8 General Description:
9 This bill requires with certain exceptions that a municipal or county animal control
10 officer hold any unidentified or unclaimed stray dog or stray cat for a minimum of five
11 working days.
12 Highlighted Provisions:
13 This bill:
14 . defines terms;
15 . requires with certain exceptions that a municipal or county animal control officer
16 hold any unidentified or unclaimed stray dog or stray cat for a minimum of five
17 working days; and
18 . makes technical corrections.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 77-24-1.5, as last amended by Laws of Utah 2005, Chapter 126

26
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 77-24-1.5 is amended to read:
29 77-24-1.5. Safekeeping by officer pending disposition -- Records required -- Stray
30 animals.
31 (1) As used in this section:
32 (a) "Community cat" means a feral or free-roaming cat that:
33 (i) is without visibly discernable or microchip owner identification of any kind; and
34 (ii) is sterilized, vaccinated, and ear-tipped.
35 (b) "Community cat management program" means a program in which a community
36 cat is sterilized, vaccinated, eartipped, and returned to the location where it congregates with
37 other cats.
38 [(1)] (2) Each peace officer shall:
39 (a) hold all property in safe custody:
40 (i) until it is received into evidence; or
41 (ii) if it is not used as evidence, until it can be disposed of as provided in this chapter;
42 and
43 (b) maintain a proper record of the property that identifies:
44 (i) the owner of the property, if known; and
45 (ii) the case for which it was taken or received and is being held.
46 [(2)] (3) (a) [Each] Except as provided in Subsection (3)(d), each municipal or county
47 animal control officer shall hold any unidentified or unclaimed stray dog or stray cat in safe and
48 humane custody for a minimum of [three] five working days after the time of impound prior to
49 making any final disposition of the animal, including:
50 (i) placement in an adoptive home or other transfer of the animal, which shall be in
51 compliance with Title 10, Chapter 17, Municipal Animal Shelter Pet Sterilization Act, or Title
52 17, Chapter 42, County Animal Shelter Pet Sterilization Act; or
53 (ii) euthanasia.
54 (b) An unidentified or unclaimed stray dog or stray cat may be euthanized prior to the
55 completion of the [three] five working day minimum holding period to prevent unnecessary
56 suffering due to serious injury or disease, if the euthanasia is in compliance with written

57 established agency or department policies and procedures, and with any local ordinances
58 allowing the destruction.
59 (c) An unidentified or unclaimed stray dog or stray cat shall be returned to its owner
60 upon:
61 (i) proof of ownership;
62 (ii) compliance with requirements of local animal control ordinances; and
63 (iii) compliance with Title 10, Chapter 17, Municipal Animal Shelter Pet Sterilization
64 Act, or Title 17, Chapter 42, County Animal Shelter Pet Sterilization Act.
65 (d) A municipal or county animal control officer may release a community cat that is
66 part of a community cat management program before the five working day period described in
67 Subsection (3)(a).