Utah Code 41-6a-408. Peace officer investigating accident to notify owner if livestock or broken fence involved — Exempt from liability

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(1)

A peace officer investigating an accident resulting in injury or death of any livestock shall make reasonable efforts as soon as possible to:

Terms Used In Utah Code 41-6a-408

Law enforcement agency: means the same as that term is as defined in Section 53-1-102. See Utah Code 41-6a-102
Peace officer: means a peace officer authorized under Title 53, Chapter 13, Peace Officer Classifications, to direct or regulate traffic or to make arrests for violations of traffic laws. See Utah Code 41-6a-102
Property: includes both real and personal property. See Utah Code 68-3-12.5

(a)	locate the owner of the livestock;

(b)	inform the owner of the injured or dead animal; and

(c)

(i)	make arrangements with the owner of the livestock to deliver, mail, email, fax, or otherwise provide the owner of the livestock a copy of the accident report prepared in accordance with Section 41-6a-404; or

(ii)	advise the owner of the livestock where a copy of the accident report prepared in accordance with Section 41-6a-404 may be obtained.

(2)	A peace officer investigating an accident resulting in a broken fence, if it appears the fence contains or controls the movement of livestock, shall make reasonable efforts as soon as possible to locate the owner of the property and inform the owner of the broken fence.

(3)

(a)	Civil or criminal liability for claims does not arise against any peace officer for failure to locate the owner of the livestock or property.

(b)	Subsection (3)(a) does not preclude disciplinary action by the law enforcement agency against a peace officer for failure to perform duties required by this section.

Amended by Chapter 220, 2010 General Session

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