reglab/statecodes huggingface dataset:
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 42b - Convention and Tourism Business Assessment Area Act › Section 105 - Protests.

Effective 5/4/2022
11-42b-105.
Protests.
(1) An owner of a benefitted property that is proposed to be assessed and who does not want the benefitted property to be included in the assessment area may, within 30 days after the day of the hearing described in Section 11-42b-106, file a written protest with the legislative body:
(a) against:
(i) the designation of an assessment area;
(ii) the inclusion of the owner's benefitted property in the proposed assessment area; or
(iii) the proposed beneficial activities to be implemented; or
(b) protesting:
(i) whether the assessment meets the requirements of Section 11-42b-102; or
(ii) any other aspect of the proposed designation of an assessment area.
(2) Each protest under Subsection (1) shall:
(a) describe or otherwise identify the benefitted property owned by the person filing the protest; and
(b) include the signature of the owner of the benefitted property.
(3) An owner subject to assessment may withdraw a protest at any time before the expiration of the 30-day period described in Subsection (1) by filing a written withdrawal with the legislative body.
(4) If the legislative body intends to assess benefitted properties within the proposed assessment area by establishing benefit zones, as described in Subsection 11-42b-102(2)(b)(ii), and the legislative body has clearly noticed the legislative body's intent, the legislative body shall:
(a) in determining whether adequate protests have been filed, aggregate the protests by the type of beneficial activity or by classification; and
(b) apply to and calculate for each type of beneficial activity or classification the threshold requirements of adequate protests.
(5) The failure of an owner of a benefitted property within the proposed assessment area to file a timely written protest constitutes a waiver of any objection to:
(a) the designation of the assessment area;
(b) any beneficial activity to be implemented within the assessment area;
(c) the inclusion of the owner's benefitted property within the assessment area; and
(d) the fact, but not amount, of benefit to the owner's benefitted property.
(6) The legislative body shall post the total and percentage of the written protests the legislative body receives under this section on the legislative body's website, or, if no website is available, at the legislative body's place of business at least five days before the public meeting described in Section 11-42b-106.
Enacted by Chapter 376, 2022 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 42b - Convention and Tourism Business Assessment Area Act › Section 106 - Public hearing.

Effective 5/4/2022
11-42b-106.
Public hearing.
(1) On the date and at the time and place specified in the notice under Section 11-42b-104, the legislative body shall hold a public hearing.
(2)
(a) The legislative body:
(i) subject to Subsection (2)(a)(ii), may continue the public hearing from time to time to a fixed future date and time; and
(ii) may not hold a public hearing that is a continuance less than five days before the deadline for filing protests described in Section 11-42b-105.
(b) The continuance of a public hearing does not restart or extend the protest period described in Subsection 11-42b-105.
(3) At the public hearing, the legislative body shall hear all:
(a) objections to the designation of the proposed assessment area or the beneficial activities proposed to be implemented within the assessment area;
(b) objections to whether the assessment will meet the requirements of Section 11-42b-102; and
(c) persons desiring to be heard.
Enacted by Chapter 376, 2022 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 42b - Convention and Tourism Business Assessment Area Act › Section 107 - Public meeting -- Adoption of ordinance or resolution regarding proposed assessment area -- Limitations.

Effective 5/4/2022
11-42b-107.
Public meeting -- Adoption of ordinance or resolution regarding proposed assessment area -- Limitations.
(1)
(a) After holding a public hearing under Section 11-42b-106 and within 90 days after the day that the protest period expires in accordance with Section 11-42b-105, the legislative body shall:
(i) count the written protests filed or withdrawn in accordance with Section 11-42b-105 and calculate whether adequate protests have been filed; and
(ii) hold a public meeting to announce the protest tally and whether adequate protests have been filed.
(b) Adequate protests are filed under Subsection (1)(a) if protests have been filed by a qualified number of owners.
(c) If adequate protests are not filed, the legislative body at the public meeting may adopt a resolution or ordinance:
(i) abandoning the proposal to designate an assessment area; or
(ii)
(A) designating an assessment area; and
(B) approving a management plan as proposed under Section 11-42b-103, or with changes under Subsection (1)(e).
(d) If adequate protests are filed, the legislative body at the public meeting:
(i) may not adopt a resolution or ordinance designating the assessment area; and
(ii) may adopt a resolution or ordinance to abandon the proposal to designate the assessment area.
(e) In the absence of adequate protests upon the expiration of the protest period and subject to Subsection (1)(e)(ii), the legislative body may make changes to:
(i) a beneficial activity proposed for implementation under the proposed management plan; or
(ii) the area or areas proposed to be included within the assessment area under the proposed management plan.
(2) A legislative body may not make a change in accordance with Subsection (1)(e)(i) if the change would result in:
(a) a change in the nature of a beneficial activity or reduction in the estimated amount of benefit to a benefitted property, whether in size, quality, or otherwise, than that described in the proposed management plan;
(b) an estimated total assessment to any benefitted business within the assessment area that exceeds the estimate described in the proposed management plan; or
(c) a financing term that extends beyond the estimated term of financing under the proposed management plan.
(3) After the adoption of an ordinance or resolution described in Subsection (1)(c)(ii), the legislative body may contract with a third party administrator to provide beneficial activities within the assessment area.
Enacted by Chapter 376, 2022 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 42b - Convention and Tourism Business Assessment Area Act › Section 108 - Amendments to management plan -- Procedure -- Notice requirements.

Effective 5/3/2023
11-42b-108.
Amendments to management plan -- Procedure -- Notice requirements.
(1) After the legislative body adopts an ordinance or resolution approving a management plan as provided in Subsection 11-42b-107(1)(c)(ii) and contracts with a third party administrator to provide beneficial activities within the assessment area, the legislative body may amend the management plan if:
(a) the third party administrator submits to the legislative body a written request for amendments;
(b) subject to Subsection (2), the legislative body gives notice of the proposed amendments;
(c) the legislative body holds a public meeting no more than 90 days after the day on which the legislative body gives notice under Subsection (1)(b); and
(d) at the public meeting described in Subsection (1)(c), the legislative body adopts an ordinance or resolution approving the amendments to the management plan.
(2) The notice described in Subsection (1)(b) shall:
(a) describe the proposed amendments to the management plan;
(b) state the date, time, and place of the public meeting described in Subsection (1)(c); and
(c) be published for the assessment area, as a class B notice under Section 63G-30-102, for at least 20 days, but not more than 35 days, before the day of the public meeting described in Subsection (1)(c).
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 42b - Convention and Tourism Business Assessment Area Act › Section 109 - Renewal of assessment area designation -- Procedure -- Disposition of previous revenues -- Notice requirements.

Effective 5/3/2023
11-42b-109.
Renewal of assessment area designation -- Procedure -- Disposition of previous revenues -- Notice requirements.
(1) Upon the expiration of an assessment area, the legislative body may, for a period not to exceed 10 years, renew the assessment area as provided in this section.
(2)
(a) If there are no changes to the management plan or the designation of the third party administrator, the legislative body may not renew the assessment area unless:
(i) subject to Subsection (2)(c), the legislative body gives notice of the proposed renewal;
(ii) the legislative body holds a public meeting no more than 90 days after the day on which the legislative body gives notice under Subsection (2)(a)(i); and
(iii) at the public meeting described in Subsection (2)(a)(ii), the legislative body adopts an ordinance or resolution renewing the assessment area designation.
(b) If there are changes to the management plan or the designation of the third party administrator, the legislative body may not renew the assessment area unless the legislative body:
(i) gives notice of the proposed renewal in accordance with Section 11-42b-104;
(ii) receives and considers all protests filed under Section 11-42b-105;
(iii) holds a public hearing as provided in Section 11-42b-106;
(iv) holds a public meeting as provided in Section 11-42b-107; and
(v) at the public meeting described in Subsection (2)(b)(iv), adopts an ordinance or resolution renewing the assessment area.
(c) The notice described in Subsection (2)(a)(i) shall:
(i) state:
(A) that the legislative body proposes to renew the assessment area with no changes; and
(B) the date, time, and place of the public meeting described in Subsection (2)(a)(ii); and
(ii) be published for the assessment area, as a class B notice under Section 63G-30-102, for at least 20 days, but not more than 35 days, before the day of the public meeting described in Subsection (2)(a)(ii).
(3)
(a) Upon renewal of an assessment area, any remaining revenues derived from the levy of assessments, or any revenues derived from the sale of assets acquired with the revenues, shall be transferred to the renewed assessment area.
(b) If the renewed assessment area includes a benefitted property that was not included in the previous assessment area, the third party administrator may only expend revenues described in Subsection (3)(a) on benefitted properties that were included in the previous assessment area.
(c) If the renewed assessment area does not include a benefitted property that was included in the previous assessment area, the third party administrator shall refund to the owner of the benefitted property the revenues described in Subsection (3)(a) attributable to the benefitted property.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 42b - Convention and Tourism Business Assessment Area Act › Section 110 - Dissolution of assessment area -- Procedure -- Disposition of revenues -- Notice requirements.

Effective 5/3/2023
11-42b-110.
Dissolution of assessment area -- Procedure -- Disposition of revenues -- Notice requirements.
(1) The legislative body may dissolve an assessment area before the assessment area expires as provided in this section.
(2) The legislative body may not dissolve an assessment area under Subsection (1) unless:
(a)
(i) the legislative body determines there has been a misappropriation of funds, malfeasance, or a violation of law in connection with the management of the assessment area; or
(ii) a petition to dissolve the assessment area:
(A) is signed by a qualified number of owners; and
(B) is submitted to the legislative body within the period described in Subsection (3);
(b) subject to Subsection (4), the legislative body gives notice of the proposed dissolution;
(c) the legislative body holds a public meeting; and
(d) at the public meeting described in Subsection (2)(c), the legislative body adopts an ordinance or resolution dissolving the assessment area.
(3) The owners of benefitted properties may submit to the legislative body a petition described in Subsection (2)(a)(ii):
(a) within a 30-day period that begins after the day on which the assessment area is designated by ordinance or resolution under Section 11-42b-107; or
(b) within the same 30-day period during each subsequent year in which the assessment area exists.
(4) The notice described in Subsection (2)(b) shall:
(a) state:
(i) the reasons for the proposed dissolution; and
(ii) the date, time, and place of the public meeting described in Subsection (2)(c); and
(b) be published for the assessment area, as a class B notice under Section 63G-30-102, for at least 20 days, but not more than 35 days, before the day of the public meeting described in Subsection (2)(c).
(5) Upon the dissolution of an assessment area, the third party administrator shall return to the owner of each benefitted property any remaining revenues attributable to the benefitted property.
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 42b - Convention and Tourism Business Assessment Area Act › Section 111 - Action to contest assessment or proceeding.

Effective 5/4/2022
11-42b-111.
Action to contest assessment or proceeding.
(1) A person who contests an assessment or any proceeding to designate an assessment area may commence a civil action against the specified county to:
(a) set aside a proceeding to designate an assessment area; or
(b) enjoin the levy or collection of an assessment.
(2) A person bringing an action under Subsection (1) shall bring the action in the district court with jurisdiction in the specified county.
(3)
(a) Except as provided in Subsection (3)(b), a person may not begin the action against or serve a summons relating to the action on the specified county more than 30 days after:
(i) the effective date of the designation ordinance or resolution adopted under Section 11-42b-107, if the action relates to the designation of an assessment area or the levying of an assessment; or
(ii) the effective date of the ordinance or resolution adopted under Section 11-42b-108, if the action relates to the levying of an assessment under an amended management plan.
(b) If each benefitted property within an assessment area consents to the designation of the assessment area and the levying of an assessment, or if each benefitted property within an assessment area consents to the amendments to the management plan, as applicable, a person may not bring an action against or serve a summons relating to the action on the specified county more than 15 days after:
(i) the effective date of the designation ordinance or resolution adopted under Section 11-42b-107, if the action relates to the designation of an assessment area or the levying of an assessment; or
(ii) the effective date of the ordinance or resolution adopted under Section 11-42b-108, if the action relates to the levying of an assessment under an amended management plan.
(4) An action under Subsection (1) is the exclusive remedy of a person who contests an assessment or any proceeding to designate an assessment area.
(5) A court may not set aside, in part or in whole or declare invalid an assessment, a proceeding to designate an assessment area, or a proceeding to levy an assessment that meets the requirements of Section 11-42b-102 because of an error or irregularity that does not relate to the equity or justice of the assessment or proceeding.
(6)
(a) A person may bring a claim of misuse of assessment funds through a mandamus action regardless of the expiration of the period for bringing an action under Subsection (3).
(b) This section does not prohibit the filing of criminal charges against or the prosecution of a party for the misuse of assessment funds.
Enacted by Chapter 376, 2022 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 42b - Convention and Tourism Business Assessment Area Act › Section 112 - No limitation on other county powers.

Effective 5/4/2022
11-42b-112.
No limitation on other county powers.
(1) This chapter does not limit a power that a specified county has under other applicable law to:
(a) make an improvement or provide a service;
(b) create a district;
(c) levy an assessment or tax; or
(d) issue a bond or a refunding bond.
(2) If there is a conflict between a provision of this chapter and any other statutory provision, the provision of this chapter governs.
Enacted by Chapter 376, 2022 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 42b - Convention and Tourism Business Assessment Area Act › Section 113 - Severability.

Effective 5/4/2022
11-42b-113.
Severability.
A court's invalidation of any provision of this chapter does not affect the validity of any other provision of this chapter.
Enacted by Chapter 376, 2022 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 43 - Memorials and Public Land › Section 102 - Memorials by political subdivisions.

Effective 2/27/2023
11-43-102.
Memorials by political subdivisions.
(1) As used in this section:
(a) "Political subdivision" means any county, city, town, or school district.
(b) "Political subdivision" does not include a special district under Title 17B, Limited Purpose Local Government Entities - Special Districts, or a special service district under Title 17D, Chapter 1, Special Service District Act.
(2) A political subdivision may authorize the use or donation of the political subdivision's land for the purpose of maintaining, erecting, or contributing to the erection or maintenance of a memorial to commemorate those individuals who have:
(a) participated in or have given their lives in any of the one or more wars or military conflicts in which the United States of America has been a participant; or
(b) given their lives in association with public service on behalf of the state or the political subdivision, including firefighters, peace officers, highway patrol officers, or other public servants.
(3) The use or donation of a political subdivision's land in relation to a memorial described in Subsection (2) may include:
(a) using or appropriating public funds for the purchase, development, improvement, or maintenance of public land on which a memorial is located or established;
(b) using or appropriating public funds for the erection, improvement, or maintenance of a memorial;
(c) donating or selling public land for use in relation to a memorial; or
(d) authorizing the use of a political subdivision's land for a memorial that is funded or maintained in part or in full by another public or private entity.
(4) The political subdivision may specify the form, placement, and design of a memorial that is subject to this section.
Amended by Chapter 16, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 44 - Performance Efficiency Act › Part 2 - Performance Efficiency Programs and Agreements › Section 201 - Political subdivision responsibilities -- State responsibilities.

Effective 5/12/2020
11-44-201.
Political subdivision responsibilities -- State responsibilities.
(1) A political subdivision may:
(a) enter into a performance efficiency agreement;
(b) develop and administer a performance efficiency program;
(c) analyze energy consumption by the political subdivision;
(d) designate a staff member who is responsible for a performance efficiency program; and
(e) provide the governing body of the political subdivision with information regarding the performance efficiency program.
(2) The following entities may provide information, technical resources, and other assistance to a political subdivision acting under this chapter:
(a) the Utah Geological Survey, created in Section 79-3-201;
(b) the State Board of Education;
(c) the Division of Purchasing and General Services, created in Section 63A-2-101; and
(d) the Division of Facilities Construction and Management, created in Section 63A-5b-301.
Amended by Chapter 152, 2020 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 44 - Performance Efficiency Act › Part 2 - Performance Efficiency Programs and Agreements › Section 202 - Types of agreements.

Effective 5/12/2015
11-44-202.
Types of agreements.
Notwithstanding Section 63G-6a-1205, a political subdivision shall structure a performance efficiency agreement as a guaranteed performance efficiency agreement, which shall include:
(1) the design and installation of a performance efficiency measure, if applicable;
(2) operation and maintenance of a performance efficiency measure implemented; and
(3) guaranteed annual cost savings that meet or exceed the total annual agreement payments by the political subdivision under the agreement, including financing charges incurred by the political subdivision over the life of the agreement.
Amended by Chapter 181, 2015 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 44 - Performance Efficiency Act › Part 2 - Performance Efficiency Programs and Agreements › Section 203 - Length of agreements.

Effective 5/12/2015
11-44-203.
Length of agreements.
A political subdivision may only enter into a performance efficiency agreement for more than one year if the political subdivision finds that the amount the political subdivision would spend on the performance efficiency measure will not exceed the amount of the cost savings over 20 years from the date of installation of the performance efficiency measure.
Amended by Chapter 181, 2015 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 44 - Performance Efficiency Act › Part 3 - Qualified Performance Efficiency Service Providers › Section 301 - Selection.

Effective 5/12/2015
11-44-301.
Selection.
(1) A political subdivision shall follow the procedures outlined in Title 63G, Chapter 6a, Utah Procurement Code, when selecting a qualified performance efficiency service provider.
(2) The Division of Purchasing shall maintain a list of qualified performance efficiency service providers.
(3) The qualified performance efficiency service provider selected from the bid process shall prepare an investment grade audit, which shall become part of the final agreement between the political subdivision and the qualified performance efficiency service provider.
(4) The audit shall include:
(a) a detailed description of the performance efficiency measure;
(b) an estimated cost; and
(c) a projected cost savings.
Amended by Chapter 181, 2015 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 44 - Performance Efficiency Act › Part 3 - Qualified Performance Efficiency Service Providers › Section 302 - Annual reports.

Effective 5/12/2015
11-44-302.
Annual reports.
During the term of a performance efficiency agreement, the qualified performance efficiency service provider shall submit an annual report to the political subdivision that provides the cost savings attributable to the performance efficiency measures taken by the political subdivision.
Amended by Chapter 181, 2015 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 45 - Loan Program for Energy Efficiency Projects › Part 1 - General Provisions › Section 102 - Definitions.

Effective 7/1/2021
11-45-102.
Definitions.
As used in this chapter:
(1) "Energy code" means the energy efficiency code adopted under Section 15A-1-204.
(2)
(a) "Energy efficiency project" means:
(i) for an existing building, a retrofit to improve energy efficiency; or
(ii) for a new building, an enhancement to improve energy efficiency beyond the minimum required by the energy code.
(b) "Energy efficiency projects" include the following expenses:
(i) construction;
(ii) engineering;
(iii) energy audit; or
(iv) inspection.
(3) "Fund" means the Energy Efficiency Fund created in Part 2, Energy Efficiency Fund.
(4) "Office" means the Office of Energy Development created in Section 79-6-401.
(5) "Political subdivision" means a county, city, town, or school district.
Amended by Chapter 280, 2021 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 45 - Loan Program for Energy Efficiency Projects › Part 2 - Energy Efficiency Fund › Section 201 - Energy Efficiency Fund -- Creation.

11-45-201.
Energy Efficiency Fund -- Creation.
(1) There is created a revolving loan fund known as the Energy Efficiency Fund.
(2) The fund shall consist of:
(a) money appropriated to it by the Legislature;
(b) money received for the repayment of loans made from the fund;
(c) money made available to the state for energy efficiency from any source; and
(d) interest earned on the fund.
Renumbered and Amended by Chapter 72, 2010 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 45 - Loan Program for Energy Efficiency Projects › Part 2 - Energy Efficiency Fund › Section 202 - Criteria for loans.

11-45-202.
Criteria for loans.
(1) The office shall make a loan from the fund to a political subdivision only to finance an energy efficiency project.
(2) The office may not make a loan from the fund:
(a) to finance a political subdivision's compliance with the energy code in the construction of a new building; or
(b) with a term of less than two years or more than 12 years.
Amended by Chapter 37, 2012 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 45 - Loan Program for Energy Efficiency Projects › Part 2 - Energy Efficiency Fund › Section 203 - Applications.

11-45-203.
Applications.
(1) A political subdivision shall submit an application to the office in the form and containing the information that the office requires, which shall include the plans and specifications for the proposed energy efficiency project.
(2)
(a) In the application, a political subdivision may request a loan to cover all or part of the cost of an energy efficiency project.
(b) If an application is rejected, the office shall notify the applicant stating the reasons for the rejection.
Amended by Chapter 37, 2012 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 45 - Loan Program for Energy Efficiency Projects › Part 2 - Energy Efficiency Fund › Section 204 - Energy advisor to make rules establishing criteria.

11-45-204.
Energy advisor to make rules establishing criteria.
(1) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, the office shall make rules to determine:
(a) eligibility for a loan; and
(b) priorities among energy efficiency projects.
(2) When making a rule to determine priorities among energy efficiency projects, the office may consider the following:
(a) possible additional sources of revenue;
(b) feasibility and practicality of an energy efficiency project;
(c) energy savings;
(d) annual energy cost savings;
(e) projected energy cost payback;
(f) financial need of the public facility owner;
(g) environmental and other benefits to the state and local community; and
(h) availability of federal funds.
Amended by Chapter 37, 2012 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 45 - Loan Program for Energy Efficiency Projects › Part 2 - Energy Efficiency Fund › Section 205 - Approval of loan by energy advisor.

11-45-205.
Approval of loan by energy advisor.
(1) In approving a loan, the office shall:
(a) review the loan application, plans, and specifications for the project;
(b) determine whether or not to grant the loan by applying the office's eligibility criteria; and
(c) if the loan is granted, prioritize the energy efficiency project by applying the office's priority criteria.
(2) The office may provide conditions on a loan to ensure that:
(a) the proceeds of the loan will be used to pay the cost of the project; and
(b) the project will be completed.
Amended by Chapter 37, 2012 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 46 - Animal Welfare Act › Part 1 - General Provisions › Section 102 - Definitions.

Effective 5/3/2023
11-46-102.
Definitions.
As used in this chapter:
(1)
(a) "Animal" means a cat or dog.
(b) "Animal" does not include livestock, as that term is defined in Section 4-1-109.
(2) "Animal control officer" means any person employed or appointed by a county or a municipality who is authorized to investigate violations of laws and ordinances concerning animals, to issue citations in accordance with Utah law, and to take custody of animals as appropriate in the enforcement of laws and ordinances concerning animals.
(3)
(a) "Animal shelter" means a facility or program that provides services for stray, lost, or unwanted animals, including holding and placing the animals for adoption.
(b) "Animal shelter" includes a private humane society or private animal welfare organization.
(c) "Animal shelter" does not include an institution, as that term is defined in Section 26B-1-236, that is conducting research on animals.
(4) "Person" means an individual, an entity, or a representative of an entity.
Amended by Chapter 327, 2023 General Session
Amended by Chapter 360, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 46 - Animal Welfare Act › Part 1 - General Provisions › Section 103 - Stray animals.

Effective 5/3/2023
11-46-103.
Stray animals.
(1) Each municipal or county animal control officer shall hold or cause to be held at an animal shelter any unidentified or unclaimed stray animal in safe and humane custody for a minimum of five business days after the time of impound and prior to making any final disposition of the animal.
(2) An animal shelter shall ensure that a record of each held animal is maintained that includes the:
(a) date of impound;
(b) date of disposition; and
(c) method of disposition, which may be:
(i) placement in an adoptive home or other transfer of the animal, which shall be in accordance with Part 2, Animal Shelter Pet Sterilization Act;
(ii) return to the animal's owner;
(iii) placement in a community cat program as defined in Section 11-46-302; or
(iv) euthanasia in accordance with Part 4, Euthanasia of Shelter Animals.
(3) An unidentified or unclaimed stray animal may be euthanized before the completion of the five working day minimum holding period to prevent unnecessary suffering due to serious injury or disease if the euthanasia complies with:
(a) written agency or department policies and procedures;
(b) local ordinances; and
(c)Part 4, Euthanasia of Shelter Animals.
(4) An unidentified or unclaimed stray animal shall be returned to the animal's owner upon:
(a) the establishment of proof of ownership;
(b) compliance with the requirements of applicable local ordinances; and
(c) compliance with Part 2, Animal Shelter Pet Sterilization Act.
Amended by Chapter 360, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 46 - Animal Welfare Act › Part 1 - General Provisions › Section 104 - County tax for provision of animal welfare services.

Effective 7/1/2021
11-46-104.
County tax for provision of animal welfare services.
(1) As used in this section:
(a) "County" means a county:
(i) of the second, third, fourth, fifth, or sixth class; and
(ii) in which the county is the sole provider of animal welfare services under this part.
(b) "Municipality" means a city or a town that receives animal welfare services from the county.
(2) Subject to Subsections (5) and (6), a legislative body in a county may levy annually a tax not to exceed .0002 of taxable value of taxable property in the county to provide the services described in this chapter.
(3)
(a) Except as provided in Section 17-36-31, the levy described in this section is in addition to other taxes that the county is authorized to levy.
(b) The levy described in this section is not subject to the aggregate maximum levy limitation described in Section 59-2-908.
(4)
(a) The county shall levy and collect the tax described in this section in the same manner as other general taxes of the county.
(b) The county shall deposit revenue collected from the levy described in this section into a fund known as the county animal welfare fund.
(5) Before a county that provides animal welfare services on behalf of one or more municipalities may impose a tax under this section for the first time:
(a) the county shall notify each municipality of:
(i) the total cost to the county for providing animal welfare services; and
(ii) the total amount of revenue the county will generate by imposing a levy under this section;
(b) the county and the municipalities shall determine the county's and each municipality's percentage share of the county's cost for providing animal welfare services; and
(c) the county shall notify the State Tax Commission of:
(i) the names of the municipalities;
(ii) the revenue calculated by multiplying the county's percentage share of the cost for providing animal welfare services by the total amount of revenue the county will generate by imposing a levy under this section; and
(iii) for each municipality described in Subsection (5)(c)(i), the revenue calculated by multiplying the municipality's percentage share of the cost for providing animal welfare services by the total amount of revenue the county will generate by imposing a levy under this section.
(6) A county, as a condition of providing animal welfare services, may not prohibit a municipality from imposing a local animal control ordinance within the municipality that is different than a county animal control ordinance.
Enacted by Chapter 434, 2021 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 46 - Animal Welfare Act › Part 2 - Animal Shelter Pet Sterilization Act › Section 202 - Definitions.

11-46-202.
Definitions.
In addition to the definitions in Section 11-46-102, as used in this part:
(1) "Proof of sterilization" means a written document signed by a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, stating:
(a) a specified animal has been sterilized;
(b) the date on which the sterilization was performed; and
(c) the location where the sterilization was performed.
(2) "Recipient" means the person to whom an animal shelter transfers an animal for adoption.
(3) "Sterilization deposit" means the portion of a fee charged by an animal shelter to a recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in accordance with an agreement between the recipient or the claimant and the animal shelter.
(4) "Sterilized" means that an animal has been surgically altered either by the spaying of a female animal or by the neutering of a male animal, so it is unable to reproduce.
(5) "Transfer" means that an animal shelter sells, gives away, places for adoption, or transfers an animal to a recipient.
Renumbered and Amended by Chapter 130, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 46 - Animal Welfare Act › Part 2 - Animal Shelter Pet Sterilization Act › Section 203 - Animal shelters to transfer only sterilized animals, or shall require sterilization deposit.

11-46-203.
Animal shelters to transfer only sterilized animals, or shall require sterilization deposit.
(1) An animal shelter may not transfer an animal that has not been sterilized, except as provided in Subsection (2) or Section 11-46-206.
(2) An animal shelter may transfer an animal for adoption that has not been sterilized only if the animal shelter:
(a) establishes a written agreement, executed by the recipient, stating the animal is not sterilized and the recipient agrees in writing to be responsible for ensuring the animal is sterilized:
(i) within 30 days after the agreement is signed, if the animal is six months of age or older; or
(ii) if the animal is younger than six months of age, within 30 days after the animal becomes six months of age; and
(b) receives from the recipient a sterilization deposit as provided under Section 11-46-204, the terms of which are part of the written agreement executed by the recipient in accordance with this section.
(3) The shelter may waive the sterilization deposit and release any unsterilized animal to a sponsor, as defined in Section 11-46-302, provided the sponsor is a non-profit organization that qualifies as being tax exempt under Section 501(c)(3) of the Internal Revenue Code and provides proof of sterilization within 30 days.
Renumbered and Amended by Chapter 130, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 46 - Animal Welfare Act › Part 2 - Animal Shelter Pet Sterilization Act › Section 204 - Sterilization deposit.

11-46-204.
Sterilization deposit.
(1) A sterilization deposit may be:
(a) a portion of the adoption fee or purchase price of the animal, which will enable the adopter to take the animal for sterilization to a veterinarian with whom the animal shelter has an agreement that the veterinarian will bill the animal shelter directly for the sterilization;
(b) a deposit that is:
(i) refundable to the recipient if proof of sterilization of the animal within the appropriate time limits under Section 11-46-203 is presented to the animal shelter not more than three months after the date the animal is sterilized; and
(ii) forfeited to the animal shelter if proof of sterilization is not presented to the animal shelter in compliance with Subsection (1)(b)(i); or
(c) a deposit under Section 11-46-206 required for an owner to claim an unsterilized animal impounded at the animal shelter.
(2) Sterilization deposits under Subsection (1) shall reflect the average reduced cost of a sterilization of an animal, based on the gender and weight of the animal, that is reasonably available in the area where the animal shelter is located, but the deposit may not be less than $25.
(3) If a female animal and her litter are transferred to one person, a sterilization deposit is required only for the female animal.
(4) All sterilization deposits forfeited or unclaimed under this section shall be retained by the animal shelter and used by the animal shelter only for:
(a) a program to sterilize animals, which may include a sliding scale fee program;
(b) a public education program to reduce and prevent overpopulation of animals and the related costs to local governments;
(c) a follow-up program to assure that animals transferred by the animal shelter are sterilized in accordance with the agreement executed under Section 11-46-203; and
(d) any additional costs incurred by the animal shelter in the administration of the requirements of this chapter.
Renumbered and Amended by Chapter 130, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 46 - Animal Welfare Act › Part 2 - Animal Shelter Pet Sterilization Act › Section 205 - Failure to comply with sterilization agreement.

11-46-205.
Failure to comply with sterilization agreement.
If a recipient fails to comply with the sterilization agreement under Subsection 11-46-203(2):
(1) the failure is ground for seizure and impoundment of the animal by the animal shelter from whom the recipient obtained the animal;
(2) the recipient relinquishes all ownership rights regarding the animal and any claim to expenses incurred in maintenance and care of the animal; and
(3) the recipient forfeits the sterilization deposit.
Renumbered and Amended by Chapter 130, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 46 - Animal Welfare Act › Part 2 - Animal Shelter Pet Sterilization Act › Section 206 - Sterilization deposit -- When required for redemption by owner of impounded animal.

11-46-206.
Sterilization deposit -- When required for redemption by owner of impounded animal.
(1) Upon the second impound within a 12-month period and upon any subsequent impound of an animal that is claimed by its owner, an animal shelter may release the impounded animal to its owner only upon payment of all impound fees required by the shelter and:
(a) receipt of proof the animal has been sterilized; or
(b) a sterilization deposit.
(2) The sterilization deposit shall be refunded to the owner only if the owner provides proof of sterilization to the animal shelter within 30 days of release of the animal to the owner.
Renumbered and Amended by Chapter 130, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 46 - Animal Welfare Act › Part 2 - Animal Shelter Pet Sterilization Act › Section 207 - Penalties.

11-46-207.
Penalties.
(1)
(a) A person who knowingly commits any of the violations in Subsection (2) is subject to a civil penalty of not less than $250 on a first violation, and a civil penalty of not less than $500 on any second or subsequent violation.
(b) The administrator of the animal shelter imposes the civil penalties under this section.
(2) A person is subject to the civil penalties under Subsection (1) who:
(a) falsifies any proof of sterilization submitted for the purpose of compliance with this part;
(b) provides to an animal shelter or a licensed veterinarian inaccurate information regarding ownership of any animal required to be submitted for sterilization under this part;
(c) submits to an animal shelter false information regarding sterilization fees or fee schedules; or
(d) issues a check for insufficient funds for any sterilization deposit required of the person under this part.
(3) A person who contests a civil penalty imposed under this section is entitled to an administrative hearing that provides for the person's rights of due process.
(4) All penalties collected under this section shall be retained by the animal shelter imposing the penalties, to be used solely for the purposes of Subsection 11-46-204(4).
Renumbered and Amended by Chapter 130, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 46 - Animal Welfare Act › Part 2 - Animal Shelter Pet Sterilization Act › Section 208 - Local ordinances may be no less restrictive.

11-46-208.
Local ordinances may be no less restrictive.
Local ordinances or the adoption or placement procedures of any animal shelter shall be at least as restrictive as the provisions of this part.
Renumbered and Amended by Chapter 130, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 46 - Animal Welfare Act › Part 3 - Community Cat Act › Section 302 - Definitions.

Effective 7/1/2023
11-46-302.
Definitions.
In addition to the definitions in Sections 11-46-102 and 11-46-202, as used in this part:
(1) "Community cat" means a feral or free-roaming cat that is without visibly discernable or microchip owner identification of any kind, and has been sterilized, vaccinated, and ear-tipped.
(2) "Community cat caretaker" means any person other than an owner who provides food, water, or shelter to a community cat or community cat colony.
(3) "Community cat colony" means a group of cats that congregate together. Although not every cat in a colony may be a community cat, any cats owned by individuals that congregate with a colony are considered part of it.
(4) "Community cat program" means a program pursuant to which feral cats are sterilized, vaccinated against rabies, ear-tipped, and returned to the location where they congregate.
(5) "Ear-tipping" means removing approximately a quarter-inch off the tip of a cat's left ear while the cat is anesthetized for sterilization.
(6) "Feral" has the same meaning as in Section 23A-1-101.
(7) "Sponsor" means any person or organization that traps feral cats, sterilizes, vaccinates against rabies, and ear-tips them before returning them to the location where they were trapped. A sponsor may be any animal humane society, non-profit organization, animal rescue, adoption organization, or a designated community cat caretaker that also maintains written records on community cats.
Amended by Chapter 34, 2023 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 46 - Animal Welfare Act › Part 3 - Community Cat Act › Section 303 - Community cats.

11-46-303.
Community cats.
(1) A cat received by a shelter under the provisions of Section 11-46-103 may be released prior to the five-day holding period to a sponsor that operates a community cat program.
(2) A community cat is:
(a) exempt from licensing requirements and feeding bans; and
(b) eligible for release from an animal shelter prior to the mandatory five-day hold period in Section 11-46-103.
(3) Community cat sponsors or caretakers do not have custody, as defined in Section 76-9-301, of any cat in a community cat colony. Cats in a colony that are obviously owned, as evidenced by a collar, tags, microchip, or other discernable owner identification, are not exempt from the provisions of Title 76, Chapter 9, Part 3, Cruelty to Animals.
(4) Sterilization and vaccination records shall be maintained for a minimum of three years and be available to an animal control officer upon request.
Enacted by Chapter 130, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 46 - Animal Welfare Act › Part 3 - Community Cat Act › Section 304 - Permit process for community cat colonies.

11-46-304.
Permit process for community cat colonies.
(1) A county or municipality may create a permitting process for community cat colonies.
(2) Any permitting process created by a county or municipality shall provide notice to adjacent property owners by:
(a) mailing notice to the record owner of each parcel within parameters specified by the permitting process; or
(b) posting notice on the property with a sign of sufficient size, durability, print quality, and location that is reasonably calculated to give notice to passers-by.
Enacted by Chapter 130, 2011 General Session
2023 Utah Code › Title 11 - Cities, Counties, and Local Taxing Units › Chapter 46 - Animal Welfare Act › Part 4 - Euthanasia of Shelter Animals › Section 401 - Euthanasia of shelter animals -- Permitted methods.

Effective 5/3/2023
11-46-401.
Euthanasia of shelter animals -- Permitted methods.
(1) Subject to Subsection (2), and except as provided in Subsection (3), on or after October 1, 2023, an animal shelter may euthanize an animal only by administering a drug that the U.S. Food and Drug Administration has approved for the euthanasia of an animal, as that term is defined in this chapter.
(2) An animal shelter may euthanize an animal only by:
(a) intravenous injection by hypodermic needle;
(b) intraperitoneal injection by hypodermic needle; or
(c) if an animal is unconscious, intracardial injection by hypodermic needle.
(3)
(a) Subsection (1) does not apply to an animal control officer who, subject to Subsection (3)(b), euthanizes an animal in an emergency situation outside of an animal shelter's facility or place of business.
(b) If an animal control officer euthanizes an animal in an emergency situation, the officer shall use, in the officer's judgment, the most humane method available to the officer.
Enacted by Chapter 360, 2023 General Session