(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.

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Terms Used In Utah Code 11-46-203

  • Animal: means a cat or dog. See Utah Code 11-46-102
  • Animal shelter: includes a private humane society or private animal welfare organization. See Utah Code 11-46-102
  • Proof of sterilization: means a written document signed by a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, stating:
         (1)(a) a specified animal has been sterilized;
         (1)(b) the date on which the sterilization was performed; and
         (1)(c) the location where the sterilization was performed. See Utah Code 11-46-202
  • Recipient: means the person to whom an animal shelter transfers an animal for adoption. See Utah Code 11-46-202
  • 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. See Utah Code 11-46-202
  • 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. See Utah Code 11-46-202
  • Transfer: means that an animal shelter sells, gives away, places for adoption, or transfers an animal to a recipient. See Utah Code 11-46-202
  • Writing: includes :
         (48)(a) printing;
         (48)(b) handwriting; and
         (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5
(2) An animal shelter may transfer an animal for adoption that has not been sterilized only if the animal shelter:

     (2)(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:

          (2)(a)(i) within 30 days after the agreement is signed, if the animal is six months of age or older; or
          (2)(a)(ii) if the animal is younger than six months of age, within 30 days after the animal becomes six months of age; and
     (2)(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.