ESTRAYS

Salt Lake City Code tit. 8, ch. 8.12

in effect

Salt Lake City Code § 8.12.010 IMPOUNDING AND DISPOSAL OF ESTRAYS GENERALLY

8.12.010: IMPOUNDING AND DISPOSAL OF ESTRAYS GENERALLY: It is made the duty of the director of animal services to take into his/her possession and impound all estrays running at large, and to dispose of the same as hereinafter provided. Whenever the word "estray" appears in this chapter, it is defined to mean any valuable animal, except dogs or cats, not wild, found wandering from its owner. (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.020 NOTICE OF SALE OF ESTRAYS

8.12.020: NOTICE OF SALE OF ESTRAYS: Within five (5) business days after an estray shall come into the possession of the director of animal services, the director may advertise the same in a newspaper published in the county, having general circulation in the county, by publishing a notice in at least one issue of said paper, at least five (5) days before the sale, and by posting notices for a period of ten (10) days in three (3) public places in the city, one of which places shall be at or near the post office. The director shall immediately deliver a copy of such notice to the county clerk, or mail the same to him/her by registered letter. The notice so filed with the clerk shall be available during reasonable hours for inspection by the public free of charge. The notice herein provided for shall contain a description of the animals, including all makes and brands, when taken, the day, hour, and place of sale, and may be substantially in the following form: NOTICE State of Utah, County of Salt Lake, In Salt Lake City, I have in my possession the following described estray animals, which, if not claimed and taken away, will be sold at public auction to the highest cash bidder at the Animal Shelter in Salt Lake City on , the day of , 20 , at the hour of . (description of animals) Said estrays were taken up by me in said city on the day of , 20 . Director, Animal Services (Ord. 21-14, 2014)

Salt Lake City Code § 8.12.030 RETURN TO OWNER ON PAYMENT OF COSTS; SALE

8.12.030: RETURN TO OWNER ON PAYMENT OF COSTS; SALE: If at any time before the sale of any estrays, such animals shall be claimed and proved to be the property of any person, the animal services director shall deliver them to the owner upon receiving from the owner the cost of impounding, keeping and advertising the same. If the animals are not so claimed and taken away, the director shall, at the time and place mentioned in the notice, proceed to sell the same, one at a time, to the highest cash bidder, and shall execute and deliver a bill of sale transferring said animals to the purchaser or purchasers thereof, which bill of sale shall be substantially in the following form: I hereby certify that in pursuance of the law regulating the disposal of estrays and trespassing animals, I have this day sold to for the sum of $ , he/she being the highest bidder, head of , described as follows, to wit: (description of animals) Witness my hand this day of , 19 . Director, Animal Services The director shall immediately file a copy of such bill of sale with the county clerk or forward the same to him/her by registered mail. The copy so filed with the clerk shall be preserved for a period of two (2) years and shall be open to inspection during all reasonable hours without charge. Such bill of sale shall transfer and vest in such purchaser the full title to the animals thus sold. (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.040 RECORD OF ESTRAYS

8.12.040: RECORD OF ESTRAYS: The director of animal services shall keep an accurate record of all estrays received by him/her, their age, color, sex, marks, and brands, the time and place of taking and the expense of keeping and selling the same, all animals claimed and taken away, all animals sold and to whom sold and the amount paid, all monies paid to owners after sale, all monies paid into the city treasury, and all other matters necessary to a compliance with the provisions of this chapter. The mayor shall provide the director with a suitable book, in which shall be entered the records required by law to be kept by the director. Such records shall be open to the inspection of the public at all reasonable hours, and shall be deposited by the director with his/her successor in office. (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.050 TRESPASSING ANIMALS; DAMAGING; IMPOUNDING

8.12.050: TRESPASSING ANIMALS; DAMAGING; IMPOUNDING: If any cattle, horses, asses, mules, sheep, goats or swine shall trespass or do damage upon the premises of any person, the party aggrieved, whether such be the owner or occupant of such premises, may recover damages by an action at law against the owner of the trespassing animals, or by distraining and impounding said animals in the manner provided herein. (Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.060 APPRAISEMENT OF DAMAGES

8.12.060: APPRAISEMENT OF DAMAGES: The owner or occupant of any property may distrain any or all of said animals trespassing or doing damage thereon. He/she shall, within twenty four (24) hours thereafter, deliver said animals to the director of animal services, together with a certificate of the appraisement of the damage done by such animals. Such appraisement must be made by a qualified disinterested person of adult age. It must state the amount of the damage, the time when committed, the name of the person damaged, the name of the owner of the animals, if known, and if not known, it must state that fact, together with a description of the animals, including all visible marks and brands. If the animals appear to be owned by different parties, a separate appraisement and a separate certificate thereof shall be made of the damage done by the lot or group of animals which appear to belong to each of the different owners. In such cases, the owners shall be notified separately, and each lot or group of animals shall be advertised and sold separately in the same manner as though the damage had been done by different animals at different times. (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.070 OWNER TO BE NOTIFIED

8.12.070: OWNER TO BE NOTIFIED: The person distraining the animals must, if the owner of the same be known to such person and if the owner resides within ten (10) miles of the place of the trespass, immediately deliver to such owner, or leave at his/her place of residence if he/she cannot be found, a copy of such certificate of appraisement; but if the owner does not live within ten (10) miles of the place of trespass, the party distraining the animals may, at his/her option, deliver a copy of such certificate to the owner in person, or deposit the same in the nearest post office in a registered letter addressed to said owner. He/she shall be entitled to charge fifteen cents ($0.15) a mile one way for the first ten (10) miles necessarily traveled in delivering such certificate, and ten cents ($0.10) for each additional mile, to be taxed as costs against the animals. (Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.080 FAILURE TO NOTIFY WAIVES DAMAGES

8.12.080: FAILURE TO NOTIFY WAIVES DAMAGES: If the party distraining any animals shall fail to deliver them or the certificate of appraisement to the director of animal services within twenty four (24) hours, or shall fail to deliver to the owners of the animals, if known, a copy of the certificate of appraisement within forty eight (48) hours after he/she receives the same, or to deposit the same in the post office as herein provided, said party shall not be entitled to recover damages under the provisions of this chapter. (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.090 WHERE OWNER UNKNOWN; DUTY OF DIRECTOR OF ANIMAL SERVICES

8.12.090: WHERE OWNER UNKNOWN; DUTY OF DIRECTOR OF ANIMAL SERVICES: Whenever any animals are delivered to the director of animal services, and the certificate of appraisement is filed with him/her as herein provided and such certificate states that the owner is unknown, the director of animal services shall immediately examine all brand books or brand sheets in his/her possession, and if the owner be ascertained thereby, or if the owner be already known to the director of animal services, the director shall, if the owner lives within ten (10) miles, immediately deliver a copy of such certificate of appraisement to such owner or leave the same at the owner's residence if he/she cannot be found; if the owner lives more than ten (10) miles away, the director of animal services may, at his/her option, deliver such copy personally to the owner or deposit the same in the nearest post office in a registered letter addressed to such owner. The director shall, however, serve a copy in one of the ways provided herein; provided, that whenever personal service of a copy of any paper is required by this chapter, service by agent shall be deemed sufficient. (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.100 NOTICE OF SALE OF DISTRAINED ANIMALS

8.12.100: NOTICE OF SALE OF DISTRAINED ANIMALS: As soon as such animals are delivered to the director of animal services, the director shall immediately proceed to advertise the same as hereinafter provided, except when the owner is known and has been notified, in which case he/she shall hold said animals forty eight (48) hours before advertising the same. The director shall advertise in a newspaper published in the county, having general circulation in the county, by publishing a notice in at least one issue of said paper, and by posting notices in three (3) of the most public places in the city, one of which shall be at or near the post office, and shall deliver a copy of the same to the county clerk, or send the same by officer or by registered mail. The clerk shall preserve such notice and post a copy thereof. The notice herein provided for shall state the time when the damage was done and the amount thereof, the name of the party damaged, a description of the animals, including all visible marks and brands, and the day, hour, and place at which such animals will be sold, which shall be not less than ten (10) or more than twenty (20) days from the time of posting such notice; said notices may be substantially in the following form: SALE OF ANIMALS FOR DAMAGES State of Utah, County of Salt Lake, In the City of Salt Lake. I have in my possession the following described animals, which, if not claimed and taken away, will be sold at public auction to the highest cash bidder at the animal shelter in Salt Lake City, on the day of , 19 . Animal Services Director (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.110 OWNER MAY PAY AND TAKE ANIMALS; DISPUTED APPRAISAL

8.12.110: OWNER MAY PAY AND TAKE ANIMALS; DISPUTED APPRAISAL: The owner of any trespassing animals taken up under the provisions of this chapter may, at any time before the sale thereof, claim and take such animals away upon paying the amount of damages set forth in the certificate of appraisement and the accrued costs, and if such animals are included in a lot or group of animals belonging to other parties, against which the damages and costs are assessed as a whole, he/she shall pay his/her proportion of the total amount of damages and costs assessed against such animals, according to the number of animals he/she owns when compared with the number of the entire lot or group. If said owner deems the appraisal too high, he/she may choose another appraiser having the qualifications herein provided, who with the first shall make a new appraisal, and if they cannot agree, they shall choose a third and the three (3) shall proceed to make another appraisal, and the decision of the majority shall be final. (Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.120 SALE; BILL OF SALE

8.12.120: SALE; BILL OF SALE: If such animals are not claimed and taken away by the owner, the director of animal services shall, at the time and place set forth in the notice of sale, proceed to sell such animals, one at a time, to the highest cash bidder. If the owner of any lot of animals to be sold is known, the director of animal services shall sell only enough of said animals to pay the damages and costs, and the remainder may be turned over to the owner at any time thereafter; but if the owner be not known, the director of animal services shall proceed to sell all of said animals so advertised for sale. The director shall execute and deliver a bill of sale therefor, and file a copy with the county clerk as hereinbefore provided. Said copies shall be preserved for a period of two (2) years and shall be open for inspection at all reasonable hours, free of charge. (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.130 RECORD OF TRESPASSING ANIMALS

8.12.130: RECORD OF TRESPASSING ANIMALS: The director of animal services shall keep an accurate record of all trespassing animals received by him/her, which shall contain all the items required by this title, together with the names of the injured party and the owner of the animals, the amount of the damages claimed, and all other matters necessary to a complete account of the transaction. Such record shall be open for inspection at all reasonable hours without charge. (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.140 UNLAWFUL SALES

8.12.140: UNLAWFUL SALES: The owner of any animals unlawfully impounded or sold may maintain an action to recover the same and damages for the detention thereof. (Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.150 RETAKING ANIMALS UNLAWFULLY

8.12.150: RETAKING ANIMALS UNLAWFULLY: It is unlawful for anyone to take an animal out of the possession of anyone lawfully holding the same under the provisions of this chapter, either by stealth, force, fraud, or to intercept or hinder any person lawfully taking up or attempting to take up such animals. (Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.160 ANIMAL SHELTER

8.12.160: ANIMAL SHELTER: The director of animal services shall furnish suitable premises to be used as the animal shelter, and it shall be the duty of the director of animal services to take charge of the premises, which shall be designated as the animal shelter and keep said premises in a clean and orderly condition. It shall be said director's duty to receive and care for all animals committed to his/her charge; to examine records, marks and brands; and to exercise diligence in locating the owners of such animals and to notify them if found. (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.170 BILL OF DAMAGE

8.12.170: BILL OF DAMAGE: The director of animal services shall receive and file all bills of damage duly presented, and enter the amounts in his/her books, which shall be open to the inspection of the public. The director shall not deliver any animal to the owner until all costs and damages are paid. (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.180 PROCEEDS OF SALE

8.12.180: PROCEEDS OF SALE: The net proceeds of the sale of all animals, as herein provided, shall be paid into the city treasury, subject to the order of the owners of said animals, if applied for within six (6) months from date of sale. If not applied for within that time, the city treasurer shall transfer the amount into the general fund. (Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.190 ADVERTISING BILLS

8.12.190: ADVERTISING BILLS: All bills for advertising shall be certified to by the director of animal services, and if correct, shall be ordered paid by the city. (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.200 ANIMALS AT LARGE

8.12.200: ANIMALS AT LARGE: No cattle, horses, mules, sheep, goats or swine shall be allowed to run at large, or be herded, picketed, or staked out upon any street, sidewalk or any other public place within the limits of the city, and all such animals so found may be taken up and driven to the animal shelter; provided that nothing herein contained shall be so construed as to prevent any person from driving milk cows, work cattle, horses, mules or other animals from outside the city limits to any enclosure within the city limits, or from any enclosure in the city to a place outside the city or from any enclosure to another within the limits of the city. (Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.210 DETENTION OF ANIMALS

8.12.210: DETENTION OF ANIMALS: It is unlawful for any person other than the director of animal services to take up an animal of another, under the provisions of this chapter, and retain it more than eighteen (18) hours. (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.220 MALICIOUS IMPOUNDING

8.12.220: MALICIOUS IMPOUNDING: It is unlawful for any person maliciously to secrete or impound an animal of another pursuant to the provisions of this chapter. (Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.230 FEES

8.12.230: FEES: The director of animal services shall collect and retain the fees shown on the Salt Lake City consolidated fee schedule for his/her services regarding impound, board, and transportation for livestock. (Ord. 24-11, 2011)

Salt Lake City Code § 8.12.240 MONTHLY STATEMENT

8.12.240: MONTHLY STATEMENT: It shall be the duty of the director of animal services to make monthly, a statement of the business transacted by him/her in connection with the animal shelter, showing in detail all animals received, sold, advertised or handled by such director, together with a detailed statement of all monies expended and received. (Ord. 69-99 § 9, 1999: Ord. 24-89 § 1, 1989)

Salt Lake City Code § 8.12.250 RESPONSIBILITY FOR FENCING

8.12.250: RESPONSIBILITY FOR FENCING: The owner, occupant or lessor of any property used to confine, keep or pasture any cattle, horses, asses, mules, sheep, goats, swine or other types of livestock or large animals shall install and maintain in good repair a fence around the perimeter of said property sufficient to ensure that no such animal contained therein shall be able to escape such property to run at large. All gates installed shall be locked and shall be of such a type that no animal contained within shall be able to escape and run at large by any means. (Ord. 24-89 § 1, 1989)

Source: Salt Lake City, Utah, City Code (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/saltlakecityut/latest/saltlakecity_ut/0-0-0-49976Fetched: 11/1/2026