76-13-102. Officer's authority to take possession of an abused animal -- Lien for care -- Humane destruction.

634 words·~3 min read·/ut/title-76/chapter-13/76-13-102

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Effective 5/6/2026

(a)As used in this section:

(i)"Animal abuse offense" means an offense described in Section 76-13-202 , 76-13-203 , 76-13-204 , 76-13-207 , 76-13-212 , or 76-13-213 .

(ii)"Animal control officer" means the same as that term is defined in Section 11-46-102 .

(iii)"Minimum care" means the following, taking into account the species, age, and physical condition of the animal:

(A)appropriate and essential food and water; and

(B)adequate protection, including appropriate shelter, against extreme weather conditions.

(iv)"Peace officer" means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications.

(b)Terms defined in Sections 76-1-101.5 and 76-13-101 apply to this section.

(a)A peace officer or animal control officer may take possession of an animal that is involved in an animal abuse offense and, after reasonable efforts to notify the owner, may provide shelter and care for the animal at any appropriate private or public facility or, upon permission from the owner, may:

(i)destroy the animal; or

(ii)subject to Subsection (2)(b) , place the animal:

(A)with any appropriate individual that does not reside with the owner;

(B)with a public or private entity or agency that demonstrates a willingness to accept and care for the animal; or

(C)with any other appropriate animal care agency for further disposition in accordance with accepted practices for humane treatment of animals.

(b)An individual, entity, or agency who receives an animal under Subsection (2)(a)(ii) :

(i)obtains the ownership rights to the animal and shall execute an agreement to:

(A)provide minimum care to the animal; and

(B)not allow the former owner to possess, care for, or interact with the animal; and

(ii)retains the right to resell or otherwise make disposition of the animal in accordance with accepted practices for humane treatment of animals.

(a)A peace officer or animal control officer caring for an animal under this section has a lien for the reasonable value of the care provided to the animal and, if applicable, the reasonable value for the destruction of the animal.

(b)A court, upon proof that the owner has been notified at least five days earlier of the lien and amount due, and the owner has not voluntarily given up ownership rights under Subsection (2)(a)(ii) , shall order:

(i)the animal sold at public auction or destroyed; or

(ii)the ownership rights to the animal be transferred to:

(A)any appropriate individual that does not reside with the owner;

(B)a public or private entity or agency that demonstrates a willingness to accept and care for the animal; or

(C)an appropriate animal care agency for further disposition in accordance with accepted practices for humane treatment of animals.

(c)An individual, entity, or agency who receives the rights to an animal under Subsection (3)(b) :

(i)shall execute an agreement to:

(A)provide minimum care to the animal; and

(B)not allow the former owner to possess, care for, or interact with the animal; and

(ii)retains the right to resell or otherwise make disposition of the animal in accordance with accepted practices for humane treatment of animals.

(a)A peace officer or animal control officer may humanely destroy an animal found suffering past recovery for any useful purpose.

(b)Before destroying the animal under Subsection (4)(a) , the peace officer or animal control officer shall obtain:

(i)the judgment of a veterinarian or of two reputable citizens called by the officer to view the animal in the officer's presence, of the animal's nonrecoverable condition; or

(ii)consent to the destruction from the owner of the animal.

Amended by Chapter 399 , 2026 General Session