(1) As used in this section: (a) "Animal organization" includes both an animal rescue group and an animal shelter. (b) "Animal rescue group" includes a private humane society or a private animal welfare organization. (c) "Animal shelter" does not include a private humane society or a private animal welfare organization. (2) An animal held by or in the custody of an animal shelter that is not adopted, transferred to another animal shelter or an animal rescue group, placed into a community cat program as described in Part 3, Community Cat Act, or reclaimed by the animal's owner, may be euthanized: (a) if no reasonable alternatives to euthanasia are available; and (b) in accordance with the requirements of this part. (3) (a) An animal shelter may euthanize an animal: (i) only after: (A) the holding period for the animal required by Section 11-46-103 is expired; (B) notifying animal shelter and animal rescue groups, except as provided in Subsection (5), that have expressed an interest in receiving animals at risk of euthanasia; (C) no animal shelter or animal rescue group requests the transfer of the animal within two business days after the day on which the animal shelter makes the notice described in Subsection (3)(a)(i)(A); and (D) no animal shelter or animal rescue group collects the animal within two business days after the day on which the animal shelter makes the notice described in Subsection (3)(a) (i)(A); (ii) to prevent unnecessary suffering due to serious injury or disease, in accordance with Subsection 11-46-103(3); or (iii) if the animal is a dog that has been determined to be dangerous or vicious under state or local law. (b) The time periods described in Subsections (3)(a)(i)(C) and (D) may run concurrently with: (i) the holding period required by Section 11-46-103; and (ii) any holding period required by an applicable local ordinance. (4) (a) An animal shelter may provide the notice described in Subsection (3)(a)(i)(B) in accordance with the animal shelter's established internal policies and procedures. (b) An animal organization is responsible for monitoring messages left for the animal organization. (c) If an animal organization maintains an electronic or other digital forum in which an animal shelter may post notices about animals available for placement, the animal organization that maintains the forum is responsible for monitoring the forum. (5) (a) Nothing in Subsection (3)(a)(i) requires an animal shelter to notify or release an animal to an animal rescue group if the animal shelter knows or has reason to believe that: (i) any of the animal rescue group's current directors, officers, or employees have been convicted of a crime related to animal cruelty or neglect; (ii) any of the animal rescue group's current directors, officers, or employees have pending charges related to animal cruelty or neglect; or (iii) the animal rescue group is constrained by court order that prevents the organization from taking in or keeping animals. (b) Subsection (5)(a) does not impose an obligation on an animal shelter to investigate, verify, or monitor: (i) the criminal history or pending criminal charges of or for a director, officer, or employee of an animal rescue group; or (ii) whether an animal rescue group is subject to a court order described in Subsection (5)(a) (iii). (6) An animal shelter is not liable for an act or omission under this section if the animal shelter acts in good faith based on the information available to the animal shelter at the time of the act or omission.
‹ Prev All Utah sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.