2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill modifies the authority of a political subdivision to enact regulations regarding
10 animal enterprises and working animals.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms, including "animal enterprise" and "working animal"; and
14 ▸ except for certain exceptions, prohibits a municipality or a county from adopting or
15 enforcing an ordinance or other regulation that prohibits or effectively prohibits the
16 operation of an animal enterprise or the use of a working animal.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 11-46a-101, Utah Code Annotated 1953
24 11-46a-102, Utah Code Annotated 1953
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 11-46a-101 is enacted to read:
28
29 11-46a-101. Definitions.
30 As used in this chapter:
31 (1) (a) "Animal" means any nonhuman vertebrate life form.
32 (b) "Animal" does not include domestic cats, domestic dogs, exotic animals, or
33 reptiles.
34 (2) (a) "Animal enterprise" means a commercial enterprise, an academic enterprise, or
35 a competition that uses or sells animals or animal products for profit, food or fiber production,
36 agriculture, education, research, sport, or testing.
37 (b) "Animal enterprise" includes an animal competition, exposition, fair, rodeo, farm,
38 feedlot, furrier, ranch, or event intended to exhibit or advance agricultural arts and sciences.
39 (c) "Animal enterprise" does not include an aquarium, circus, horse and carriage
40 operation, retail pet store, or zoo.
41 (3) "Exotic animal" means a:
42 (a) member of the family Felidae not indigenous to Utah, except the species Felis catus
43 (domestic cat);
44 (b) nonhuman primate;
45 (c) nonwolf member of the family Canidae not indigenous to Utah, except the species
46 Canis familiaris (domestic dog);
47 (d) bear; and
48 (e) member of the order Crocodylia.
49 (4) "Political subdivision" means:
50 (a) a city, town, or metro township; or
51 (b) a county, as it relates to the licensing and regulation of an animal enterprise or
52 working animal in the unincorporated area of the county.
53 (5) (a) "Working animal" means an animal used for performing a specific duty or
54 function in commerce, including an animal used for entertainment, herding, transportation,
55 education, or exhibition.
56 (b) "Working animal" does not include a horse and carriage operation.
57 Section 2. Section 11-46a-102 is enacted to read:
58 11-46a-102. Limitations on animal enterprise and working animal regulations.
59 (1) Subject to Subsection (2), a political subdivision may not adopt or enforce an
60 ordinance or other regulation that prohibits or effectively prohibits:
61 (a) the operation of an animal enterprise;
62 (b) the use of a working animal; or
63 (c) domestic dogs from:
64 (i) actively participating in an exposition or rodeo; or
65 (ii) performing a specific duty as a working animal.
66 (2) Subsection (1) does not apply to an ordinance or other regulation that a political
67 subdivision adopts or enforces if the ordinance or other regulation:
68 (a) enforces a state or federal law;
69 (b) is a land use regulation as that term is defined in Section 10-9a-103; or
70 (c) is adopted or enforced, in accordance with Section 10-8-15 or 19-4-113, to protect:
71 (i) drinking water or a source of drinking water from pollution; or
72 (ii) a waterworks system.