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[Utah Code Table of Contents]
[TITLE 47. Table of Contents]
47-2-1 "Abandoned horse" defined.
The term "abandoned horse" as used in this chapter means
any horse, ass, mule or other animal of the genus Equus,
unbranded, or, if branded, that has escaped assessment for
taxation for the year next preceding the killing of such
animal as hereinafter provided for, and running at large
upon the open range of this state, and includes a foal running
with a dam coming within the above definition. An animal
not bearing a decipherable brand recorded in the office of
the recorder of marks and brands shall be deemed unbranded.
1953
47-2-2 "Open range" defined.
The term "open range" means all land not privately owned,
and includes all roads, outside of private inclosures, used
by the public, whether the same have been formally dedicated
to the public or not.
1953
47-2-3 Abandoned horses on open range declared a nuisance.
It shall be unlawful for any person to suffer or permit
any abandoned horse to run at large upon the open range,
and every abandoned horse is declared to be a public nuisance
and a public menace, and is condemned subject to the right
of its owner to reclaim it under the conditions hereinafter
provided.
1953
47-2-4 Elimination by the county executive - Notice of intention.
The county executive may provide for the elimination of abandoned horses in the respective counties in the following manner:
They shall cause notice to be published at least once a week for three successive weeks in some newspaper of general circulation published in the county, and the notice shall also be posted in at least five public places outside of the county seat on public highways in such county, and in three public places at the county seat, one of which shall be at the front door of the courthouse. The notices posted outside of the county seat shall be posted not less than two miles apart, and all posted notices shall be posted at least 30 days before the date which the county executive shall fix for the beginning of the elimination of abandoned horses from the range in such county as hereinafter provided. If no newspaper is published in the county, publication in a newspaper shall not be required.
The notice shall be substantially in the following form:
Notice is hereby given that in accordance with the provisions of law the county executive of ____ County, Utah, will proceed to eliminate abandoned horses from the open range in said county, and that beginning on __________(month\day\year), a drive will be held, and all abandoned horses running upon the open range will, under the direction and supervision of the county executive, be eliminated. All owners of horses running upon the open range are hereby given notice to file with the county executive a description of the horses, and the brands or marks thereon.
Dated this __________(month\day\year). By order of the
county executive of ____ County, Utah. _______________ County
Clerk.
2000
47-2-5 Elimination by the county legislative body - Method - Sale.
A policy for the manner and method of eliminating abandoned
horses from the open range shall be in the discretion of
the county legislative body, and it shall be its duty to
so eliminate abandoned horses, using the means most effective
and economical under the circumstances. The county executive
may sell all captured horses.
1993
47-2-6 Owners may reclaim - Damages - Taxes.
Any person owning any horses which are running at large
in any county in which the county executive has given notice
of intention to make a drive, as provided in this chapter,
may within 30 days after the posting or the first publication
of the notice mentioned in Section
47-2-4
file with the county executive a description
of such horses claimed by him, giving the marks and brands,
if any, which appear thereon, and, if the county executive
shall take into its possession any horses so claimed, it
shall by registered letter addressed to the owner or claimant
of such horses notify him that the same may be claimed within
ten days from the mailing of such notice; and such owner
or claimant shall be permitted upon application to the county
legislative body to take possession of such horses upon payment
of the expense of caring for the same from the date of capture.
If any horses are killed by order of the county executive
under the provisions of this chapter, a description of which
has been reported by the owner thereof to the county legislative
body, and ownership of such animals can be satisfactorily
established, such owner shall receive as damage therefor
a sum not exceeding $10 for each animal; provided, that he
has paid all taxes assessed against said animal; provided
further, that payment of such claims may be made only from
proceeds of sales of captured horses.
1994
47-2-7 Elimination from private property on request.
Abandoned horses may be eliminated from privately owned
land by the county executive in the same manner as from the
open range when requested so to do by the owner of such land.
1993
