As used in this chapter:
ANIMAL: A cat or dog.
ANIMAL SHELTER: A facility operated by the City, a private humane society or private animal welfare organization, providing services for stray, lost, or unwanted animals, including holding and placing the animals for adoption, but does not include an institution conducting research on animals as defined in Utah Code Annotated section 26-26-1.
PERSON: An individual, an entity, or a representative of an entity.
PROOF OF STERILIZATION: A written document signed by a licensed veterinarian 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.
RECIPIENT: The person to whom an animal shelter transfers an animal for adoption or redemption after impoundment.
STERILIZATION DEPOSIT: The portion of a fee charged by an animal shelter to a recipient for the mandatory sterilization of an adopted animal or claimant of an unsterilized, impounded animal to ensure the animal is timely sterilized.
STERILIZED: 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.
TRANSFER: That an animal shelter places for adoption, or releases after impoundment, an animal to a recipient. (Ord. 17-15)
A. An animal shelter may not transfer an animal that has not been sterilized, except as provided in subsection B of this section.
B. An animal shelter may transfer an animal that has not been sterilized only if:
1. The recipient enters into a written sterilization agreement with the City or designee agreeing to be responsible for ensuring the animal is sterilized within thirty (30) days after the agreement is signed if the animal is four (4) months of age or older or within thirty (30) days after the animal becomes four (4) months of age; and
2. The animal shelter receives from the recipient a sterilization deposit as provided under section 6.22.030 of this chapter. (Ord. 17-15)
A. A sterilization deposit shall be:
1. Paid to the City for the purpose of ensuring the sterilization of an animal that has been impounded or is to be adopted. Sterilization must be completed within thirty (30) days of the deposit being made unless extension of the thirty (30) day period has been duly authorized by the City;
2. Forfeited to the City if proof of sterilization is not presented to the animal shelter in compliance with subsection A1 of this section;
3. Required to be paid in order to claim or adopt an unsterilized animal impounded at the City's designated animal impound facility.
B. If a female dog or cat and her litter are transferred to one (1) person, a sterilization deposit is required only for the female dog or cat.
C. All forfeited or unclaimed sterilization deposits made under this section shall be retained by the City and shall be used for:
1. Programs to sterilize animals;
2. Public education programs to reduce and prevent overpopulation of animals; or
3. Any additional costs incurred by the City in the administration of this chapter.
D. If a recipient fails to comply with the written sterilization agreement under subsection 6.22.020B of this chapter, the recipient shall be notified of the violation. Within five (5) days of receiving notice, the recipient may appeal the violation to the City's Police Chief for a hearing and review. The City Police Chief or designee, shall within ten (10) days of receiving the appeal, hold a hearing. The City Police Chief or designee, within ten (10) days following the hearing, may decide the matter and order any or all of the following:
1. That the City or its designee may seize and impound the animal;
2. That the recipient relinquishes all ownership rights to the animal and any claim to expenses incurred by recipient in maintaining and caring for the animal; and
3. That the recipient forfeits the sterilization deposit.
E. Should a recipient subject to subsection D of this section fail to request a hearing within five (5) days of receiving notice of a violation, the consequences under subsections D1, D2, and D3 of this section shall be imposed by the City.
(Ord. 20-23: Ord. 17-15)
A. Upon the second impound within a twelve (12) month period and upon any subsequent impound of an animal that is claimed by its owner, an animal shelter may release the animal to its owner only upon payment of all impound fees required by the shelter and:
1. Receipt of proof the animal has been sterilized; or
2. A written sterilization agreement and sterilization deposit.
B. The sterilization deposit shall be refunded to the owner only if the owner provides proof of sterilization to the animal shelter within thirty (30) days of release of the animal to the owner. (Ord. 17-15)
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