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[Utah Code Table of Contents]
[TITLE 4. Table of Contents]
4-25-1 Definition.
For the purpose of this chapter "estray" means any unbranded
sheep, cattle, horses, mules, or asses found running at large,
or any branded sheep, cattle, horses, mules, or asses found
running at large whose owner cannot be found after reasonable
search, or any swine found running at large whose owner cannot
be found after reasonable search; but it does not mean nor
include any unweaned animal specified in this section that
is running with its mother.
1988
4-25-2 County responsibility for estrays - Contracts with other local governments authorized.
Each county is responsible for the disposition of all
estrays found within its boundaries. Each county in the discharge
of its responsibility, however, may contract upon mutually
agreeable terms with any city, town, or other county with
an animal control office to perform any or all of the functions
imposed by this chapter.
1983
4-25-3 Department authorized to make and enforce rules.
The department is authorized, subject to Title 63, Chapter
46a, Utah Administrative Rulemaking Act, to make and enforce
such rules as in its judgment are necessary to administer
and enforce this chapter.
1995
4-25-4 Possession of estrays - Determination and location of owner - Sale - Disposition of proceeds - Notice - Title of purchaser - Immunity from liability.
(1) Each county, except as otherwise provided in Section 4-25-5 , shall take physical possession of any estray it finds within its boundaries and attempt to determine the name and location of the animal's owner. The department shall assist any county which requests its help in locating the name and location of the owner or other person responsible for such animal. If ownership of the estray cannot be determined, or, if having determined ownership, neither the county nor the department is able to locate the owner within a reasonable period of time, the animal, notwithstanding Title 67, Chapter 4a, Unclaimed Property Act, shall be sold at a livestock or other appropriate market and the proceeds of such sale paid, after the deduction of feed, transportation, and market costs, to the county causing the sale of such estray.
(2) No sale of an estray under this section shall be conducted without notice of the intended sale being published at least once ten days before the date of sale in a publication with general circulation within the county where the estray was taken into custody.
(3) The purchaser of an estray sold under this section shall receive title to the estray free and clear of all claims of the owner and any person claiming through the owner.
(4) The county, provided it complies with this chapter,
is immune from liability on account of any estray sold at
a livestock or other appropriate market.
1997
4-25-5 Report of estrays - Possession - Relief from liability.
(1) Any person, other than an official of the county or of an animal control office under contract with the county, who finds an estray shall report such fact to the county or animal control office immediately. The county or the animal control office upon receipt of notification shall either take possession of the estray or, if deemed appropriate, authorize the person in possession of the estray to maintain and care for it pending determination and location of its owner.
(2) Any person who gives notice of an estray and delivers
it to the county or animal control office is relieved of
all liability to third persons on account of the estray to
the extent of the value of the animal.
1983
4-25-6 Compensation for care of estrays - Liability of county - Notice required.
(1) A person who finds an estray and who, after giving notice is authorized by the county to maintain and care for it, is entitled to compensation from the owner, or from the county, as the case may be, for the reasonable costs of feeding and maintaining the animal; provided, that the county is liable for such cost only if the owner is not located after diligent search.
(2) No person who finds an estray however, is entitled
to reimbursement for feed and maintenance or for any other
cost incurred on behalf of the estray before such time as
notice of the estray is given to the county or to the appropriate
animal control office.
1983
4-25-7 County legislative body authorized to adopt fence ordinance in derogation of common law - Lawful fence to be specified by ordinance.
The county legislative body of any county is authorized
through ordinance to declare and enforce a general policy
within the county for the fencing of farms, subdivisions,
or other private property, to allow domestic animals to graze
without trespassing on farms, subdivisions, or other private
property. If such an ordinance is adopted, the county legislative
body shall through ordinance declare and specify what constitutes
a lawful fence.
1993
4-25-8 Owner liable for trespass of animals - Exception - Intervention by county representative.
(1) The owner of any neat cattle, horse, ass, mule, sheep, goat, or swine that trespasses upon the premises of another person, except in cases where the premises are not enclosed by a lawful fence in a county or municipality that has adopted a fence ordinance, is liable in a civil action to the owner or occupant of the premises for any damage inflicted by the trespass.
(2) A county representative may intervene to remove the animal and the county is entitled to fair compensation for costs incurred. If the animal is not claimed within ten days after written notification is sent to its owner, a county representative may sell the animal to cover costs incurred.
(3) Notwithstanding Subsections (1) and (2), the owner of any neat cattle, horse, ass, mule, sheep, goat, or swine that trespasses upon the premises of another person is not liable in a civil action to the owner or occupant of the premises for damage inflicted by the trespass if:
(a) the animal enters the premises from an historic livestock trail, as defined in Section 57-13b-102 ; and
(b) the premises that was trespassed is not enclosed by
an adequate fence at the time the trespass occurs.
2005
4-25-9 Animals running at large - Prohibition - Limited exception.
No person who owns or is in possession of a stallion,
jack, or ridgeling over 18 months old, or a ram over three
months old, shall permit it to run at large within the limits
of, or on the summer range of, any town or settlement; provided,
that two-thirds of the voters of any county or isolated part
of a county may elect through an election to make this section
ineffective in all or part of the county during part of the
year.
1979
4-25-10 Bulls - Number required on range during breeding season.
No person during breeding season shall turn loose or range
any cattle upon a federal range or forest reserve located
in this state without ranging one bull for every 30 head
of female breeding cattle ranged; provided, that a person
ranging any portion of 30 head of female breeding cattle
may arrange for an interest in a bull which is ranging on
the federal range or the forest reserve where such breeding
cattle are located.
1979
4-25-11 Determination and enforcement of bull running policy by range association.
A local range association may determine and enforce a
general policy regarding the type and quality of bulls allowed
to run at large upon a community allotment of public lands
located in this state.
1988
4-25-12 Permitting swine to trespass after notice - Class "C" misdemeanor.
The owner or person in control of any swine that permits
it to trespass upon the improved private property of another
person within three days after receipt of written notice
demanding that the owner or person in control prevent further
trespass is guilty of a class "C" misdemeanor; provided,
that the owner or person in control of the swine is entitled
to a reasonable time after notice for removal of the trespassing
animal.
1979
4-25-14 Impounded livestock - Determination and location of owner - Sale - Disposition of proceeds - Notice - Title of purchaser - Immunity from liability.
(1) As used in this section, "impounded livestock" means cattle, calves, horses, mules, sheep, goats, hogs, or domesticated elk seized and retained in legal custody.
(2) (a) Each county may:
(i) take physical possession of impounded livestock seized and retained within its boundaries; and
(ii) attempt to determine the name and location of the impounded livestock's owner.
(b) The department shall assist a county who requests help in locating the name and location of the owner or other person responsible for the impounded livestock.
(c) If ownership of the impounded livestock cannot be determined, or, if having determined ownership, neither the county nor the department is able to locate the owner within a reasonable period of time, the impounded livestock, notwithstanding Title 67, Chapter 4a, Unclaimed Property Act, shall be sold at a livestock or other appropriate market, and the proceeds of the sale paid, after the deduction of feed, transportation, and market costs, to the State School Fund created by the Utah Constitution Article X, Section 5, Subsection (1).
(3) Notice of the intended sale of the impounded livestock must be published:
(a) at least ten days prior to the date of sale; and
(b) in a publication with general circulation within the county where the impounded livestock was taken into custody.
(4) The purchaser of impounded livestock sold under this section shall receive title to the impounded livestock free and clear of all claims of the owner or any person claiming title through the owner.
(5) If the county complies with the provisions of this
section, it is immune from liability for the sale of impounded
livestock sold at a livestock or other appropriate market.
2002
