Terms Used In Utah Code > Title 11 > Chapter 46 > Part 2 - Animal Shelter Pet Sterilization Act

• Account: means the Environmental Voluntary Cleanup restricted account created under Section 19-8-103. See Utah Code 19-8-102
• Address: includes :

  (i)	a post office box number;

  (ii)	a rural free delivery route number; and

  (iii)

  a street name and number. See Utah Code 16-6a-102 Adjudicative proceeding: means :Utah Code 68-3-12.5 Administrative proceeding: means an adjudicatory proceeding conducted by the department or other government entity with authority to enforce any environmental law, including any notice of violation proceeding, any department proceeding listed in Section 19-1-305, or any proceeding conducted pursuant to Title 63G, Chapter 4, Administrative Procedures Act. See Utah Code 19-7-103 Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5 Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote. Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102 Agriculture water: means : (a)  water used by a farmer, rancher, or feed lot for the production of food, fiber, or fuel; (b)  return flows from irrigated agriculture; and (c)  agricultural storm water runoff. See Utah Code 19-5-102 Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Animal: means a cat or dog. See Utah Code 11-46-102 Animal shelter: includes a private humane society or private animal welfare organization. See Utah Code 11-46-102 Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Applicant: means the person: (a)  who submits an application to participate in a voluntary cleanup agreement under this chapter; or (b)  who enters into a voluntary cleanup agreement made under this chapter with the executive director. See Utah Code 19-8-102 Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Articles of incorporation: include : (a)  amended articles of incorporation; (b)  restated articles of incorporation; (c)  articles of merger; and (d)  a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Board: means the Water Quality Board created in Section 19-1-106. See Utah Code 19-5-102 Board: means the Drinking Water Board appointed under Section 19-4-103. See Utah Code 19-4-102 board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102 Bylaws: includes : (i)  amended bylaws; and (ii)  restated bylaws. See Utah Code 16-6a-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102 Commission: means the Conservation Commission, created in Section 4-18-104. See Utah Code 19-5-102 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Community water system: means a public water system that serves residents year-round. See Utah Code 19-4-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contaminant: means a physical, chemical, biological, or radiological substance or matter in water. See Utah Code 19-5-102 Contaminant: means : (a)  hazardous materials as defined in Section 19-6-302; (b)  hazardous substance as defined in Section 19-6-302; (c)  hazardous waste as defined in Section 19-6-102; (d)  hazardous waste constituent listed in 40 C. See Utah Code 19-8-102 Contaminant: means a physical, chemical, biological, or radiological substance or matter in water. See Utah Code 19-4-102 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. cooperative: means a nonprofit corporation organized or existing under this chapter. See Utah Code 16-6a-102 Corporate name: means : (a)  the name of a domestic corporation as stated in the domestic corporation's articles of incorporation; (b)  the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation; (c)  the name of a foreign corporation as stated in the foreign corporation's: (i)  articles of incorporation; or (ii)  document of similar import to articles of incorporation; or (d)  the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's: (i)  articles of incorporation; or (ii)  document of similar import to articles of incorporation. See Utah Code 16-6a-102 Corporation: means a nonprofit corporation or a profit corporation. See Utah Code 16-4-102 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. County legislative body: means :Utah Code 68-3-12.5 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Delegate: means a person elected or appointed to vote in a representative assembly: (a)  for the election of a director; or (b)  on matters other than the election of a director. See Utah Code 16-6a-102 Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102 Director: means the director of the Division of Water Quality or, for purposes of groundwater quality at a facility licensed by and under the jurisdiction of the Division of Waste Management and Radiation Control, the director of the Division of Waste Management and Radiation Control. See Utah Code 19-5-102 Director: means a member of the board of directors. See Utah Code 16-6a-102 Director: means the director of the Division of Drinking Water. See Utah Code 19-4-102 Discharge: means the addition of a pollutant to waters of the state. See Utah Code 19-5-102 Discharge permit: means a permit issued to a person who: (a)  discharges or whose activities would probably result in a discharge of pollutants into the waters of the state; or (b)  generates or manages sewage sludge. See Utah Code 19-5-102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Disposal system: means a system for disposing of wastes and includes sewerage systems and treatment works. See Utah Code 19-5-102 Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's: (i)  members; (ii)  directors; or (iii)  officers. See Utah Code 16-6a-102 Division: means the Division of Water Quality, created in Subsection 19-1-105(1)(e). See Utah Code 19-5-102 Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102 Division: means the Division of Drinking Water, created in Subsection 19-1-105(1)(b). See Utah Code 19-4-102 domestic corporation: means a corporation for profit that: (a)  is not a foreign corporation; and (b)  is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. See Utah Code 16-6a-102 domestic nonprofit corporation: means an entity that: (a)  is not a foreign nonprofit corporation; and (b)  is incorporated under or subject to this chapter. See Utah Code 16-6a-102 Effluent limitations: means restrictions, requirements, or prohibitions, including schedules of compliance established under this chapter, that apply to discharges. See Utah Code 19-5-102 Employee: includes an officer of a nonprofit corporation. See Utah Code 16-6a-102 Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs. Entity: includes : (a)  a domestic or foreign corporation; (b)  a domestic or foreign nonprofit corporation; (c)  a limited liability company; (d)  a profit or nonprofit unincorporated association; (e)  a business trust; (f)  an estate; (g)  a partnership; (h)  a trust; (i)  two or more persons having a joint or common economic interest; (j)  a state; (k)  the United States; or (l)  a foreign government. See Utah Code 16-6a-102 Environmental audit report: means any document, information, report, finding, communication, note, drawing, graph, chart, photograph, survey, suggestion, or opinion, whether in preliminary, draft, or final form, prepared as the result of or in response to an environmental self-evaluation. See Utah Code 19-7-103 Environmental law: means any requirement contained in this title, or in rules made under this title, or in any rules, orders, permits, licenses, or closure plans issued or approved by the department, or in any other provision or ordinance addressing protection of the environment. See Utah Code 19-7-103 Environmental self-evaluation: means a self-initiated assessment, audit, or review, not otherwise expressly required by an environmental law, that is performed to determine whether a person is in compliance with environmental laws. See Utah Code 19-7-103 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Executive director: means the executive director of the Utah Department of Environmental Quality or the executive director's representative. See Utah Code 19-8-102 Executive director: means the executive director of the department appointed pursuant to Section 19-1-104. See Utah Code 19-1-103 Executive director: means the executive director of the Department of Commerce. See Utah Code 16-6a-102 Fiduciary: A trustee, executor, or administrator. Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102 Foreign nonprofit corporation: means an entity: (a)  incorporated under a law other than the laws of this state; and (b)  that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102 Governmental entity: means : (a)  (i)  the executive branch of the state; (ii)  the judicial branch of the state; (iii)  the legislative branch of the state; (iv)  an independent entity, as defined in Section 63E-1-102; (v)  a political subdivision of the state; (vi)  a state institution of higher education, as defined in Section 53B-3-102; (vii)  an entity within the state system of public education; or (viii)  the National Guard; or (b)  any of the following that is established or controlled by a governmental entity listed in Subsection (28)(a) to carry out the public's business: (i)  an office; (ii)  a division; (iii)  an agency; (iv)  a board; (v)  a bureau; (vi)  a committee; (vii)  a department; (viii)  an advisory board; (ix)  an administrative unit; or (x)  a commission. See Utah Code 16-6a-102 Governmental subdivision: means : (a)  a county; (b)  a city; (c)  a town; or (d)  another type of governmental subdivision authorized by the laws of this state. See Utah Code 16-6a-102 Groundwater source: includes : (i)  a well; (ii)  a spring; (iii)  a tunnel; or (iv)  an adit. See Utah Code 19-4-102 Individual: means : (a)  a natural person; (b)  the estate of an incompetent individual; or (c)  the estate of a deceased individual. See Utah Code 16-6a-102 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. Internal Revenue Code: means the federal "Internal Revenue Code of 1986" as amended from time to time, or to corresponding provisions of subsequent internal revenue laws of the United States of America. See Utah Code 16-6a-102 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :Utah Code 68-3-12.5 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Legal tender: coins, dollar bills, or other currency issued by a government as official money. Source: U.S. Mint Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Lien: A claim against real or personal property in satisfaction of a debt. Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local health department: means a local health department as defined in 1. See Utah Code 19-1-103 Member: includes : (i)  "voting member"; and (ii)  a shareholder in a water company. See Utah Code 16-6a-102 Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102 money: means : (i)  legal tender; (ii)  a negotiable instrument; or (iii)  other cash equivalent readily convertible into legal tender. See Utah Code 16-6a-102 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Mutual benefit corporation: means a nonprofit corporation: (a)  that issues shares of stock to its members evidencing a right to receive distribution of water or otherwise representing property rights; or (b)  all of whose assets are contributed or acquired by or for the members of the nonprofit corporation or their predecessors in interest to serve the mutual purposes of the members. See Utah Code 16-6a-102 Nonprofit corporation: means a nonprofit corporation as defined in Section 16-6a-102. See Utah Code 16-4-102 Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Oversight: Committee review of the activities of a Federal agency or program. Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means an individual, trust, firm, estate, company, corporation, partnership, association, state, state or federal agency or entity, municipality, commission, or political subdivision of a state. See Utah Code 19-1-103 Person: means an: (a)  individual; or (b)  entity. See Utah Code 16-6a-102 Person: means an individual, an entity, or a representative of an entity. See Utah Code 11-46-102 Personal property: includes :Utah Code 68-3-12.5 Personal property: All property that is not real property. Plaintiff: The person who files the complaint in a civil lawsuit. pollutant: means dredged spoil, solid waste, incinerator residue, sewage, garbage, sewage sludge, munitions, chemical wastes, biological materials, radioactive materials, heat, wrecked or discarded equipment, rock, sand, cellar dirt, and industrial, municipal, and agricultural waste discharged into water. See Utah Code 19-5-102 Pollution: means a man-made or man-induced alteration of the chemical, physical, biological, or radiological integrity of waters of the state, unless the alteration is necessary for the public health and safety. See Utah Code 19-5-102 Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Principal office: means : (a)  the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including: (i)  an annual report; (ii)  an application for a certificate of authority; or (iii)  a notice of change of principal office; or (b)  if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102 Probable cause: A reasonable ground for belief that the offender violated a specific law. Proceeding: includes : (a)  a civil suit; (b)  arbitration; (c)  mediation; (d)  a criminal action; (e)  an administrative action; or (f)  an investigatory action. See Utah Code 16-6a-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Profit corporation: means a corporation as defined in Section 16-10a-102. See Utah Code 16-4-102 Program: means the Voluntary Environmental Cleanup Program created under this chapter. See Utah Code 19-8-102 Proof of sterilization: means a written document signed by a veterinarian licensed under Title 58, Chapter 28, Veterinary Practice Act, 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. See Utah Code 11-46-202 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public water system: includes : (i)  a collection, treatment, storage, or distribution facility under the control of the operator and used primarily in connection with the system; and (ii)  a collection, pretreatment, or storage facility used primarily in connection with the system but not under the operator's control. See Utah Code 19-4-102 Publicly owned treatment works: means a facility for the treatment of pollutants owned by the state, its political subdivisions, or other public entity. See Utah Code 19-5-102 Quorum: The number of legislators that must be present to do business. Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received: (a)  by the domestic or foreign nonprofit corporation at: (i)  its registered office in this state; or (ii)  its principal office; (b)  by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or (c)  by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102 Recipient: means the person to whom an animal shelter transfers an animal for adoption. See Utah Code 11-46-202 Record date: means the date established under 6, or 7, on which a nonprofit corporation determines the identity of the nonprofit corporation's members. See Utah Code 16-6a-102 Registered agent: means the registered agent of: (a)  a domestic nonprofit corporation; or (b)  a foreign nonprofit corporation. See Utah Code 16-6a-102 Registered office: means the office within this state designated by a domestic or foreign nonprofit corporation as its registered office in the most recent document on file with the division providing that information, including: (a)  articles of incorporation; (b)  an application for a certificate of authority; or (c)  a notice of change of registered office. See Utah Code 16-6a-102 Retail water supplier: means a person that: (a)  supplies water for human consumption and other domestic uses to an end user; and (b)  has more than 500 service connections. See Utah Code 19-4-102 Secretary: means the corporate officer to whom the bylaws or the board of directors delegates responsibility under Subsection 16-6a-818(3) for: (a)  the preparation and maintenance of: (i)  minutes of the meetings of: (A)  the board of directors; or (B)  the members; and (ii)  the other records and information required to be kept by the nonprofit corporation pursuant to Section 16-6a-1601; and (b)  authenticating records of the nonprofit corporation. See Utah Code 16-6a-102 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Sewage sludge: means solid, semisolid, or liquid residue removed during the treatment of municipal wastewater or domestic sewage. See Utah Code 19-5-102 Sewerage system: means pipelines or conduits, pumping stations, and other constructions, devices, appurtenances, and facilities used for collecting or conducting wastes to a point of ultimate disposal. See Utah Code 19-5-102 Share: means a share as defined in: (a)  Section 16-6a-102 for a nonprofit corporation; and (b)  Section 16-10a-102 for a profit corporation. See Utah Code 16-4-102 Share: means a unit of interest in a nonprofit corporation. See Utah Code 16-6a-102 Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-102 Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Statute: A law passed by a legislature. Sterilization deposit: means the portion of a fee charged by an animal shelter to a recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in accordance with an agreement between the recipient or the claimant and the animal shelter. See Utah Code 11-46-202 Sterilized: means 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. See Utah Code 11-46-202 Supplier: means a person who owns or operates a public water system. See Utah Code 19-4-102 Total maximum daily load: means a calculation of the maximum amount of a pollutant that a body of water can receive and still meet water quality standards. See Utah Code 19-5-102 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Transfer: means that an animal shelter sells, gives away, places for adoption, or transfers an animal to a recipient. See Utah Code 11-46-202 Treatment works: means a plant, disposal field, lagoon, dam, pumping station, incinerator, or other works used for the purpose of treating, stabilizing, or holding wastes. See Utah Code 19-5-102 Tribe: means a tribe, band, nation, pueblo, or other organized group or community of Indians, including an Alaska Native village, that is legally recognized as eligible for and is consistent with a special program, service, or entitlement provided by the United States to Indians because of their status as Indians. See Utah Code 16-6a-102 Trustee: A person or institution holding and administering property in trust. Underground injection: means the subsurface emplacement of fluids by well injection. See Utah Code 19-5-102 Underground wastewater disposal system: means a system for underground disposal of domestic wastewater discharges as defined by the board and the executive director. See Utah Code 19-5-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 United States: includes a district, authority, office, bureau, commission, department, and another agency of the United States of America. See Utah Code 16-6a-102 Vessel: when used with reference to shipping, includes a steamboat, canal boat, and every structure adapted to be navigated from place to place. See Utah Code 68-3-12.5 Vote: includes authorization by: (a)  written ballot; and (b)  written consent. See Utah Code 16-6a-102 Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-102 voting member: includes a "shareholder" if the nonprofit corporation has shareholders. See Utah Code 16-6a-102 Water company: means a corporation in which a shareholder has the right, based on the shareholder's shares, to receive a proportionate share of water delivered by the corporation. See Utah Code 16-4-102 Water company: means : (a)  the same as that term is defined in Subsection 16-4-102(5); or (b)  a mutual benefit corporation, when the stock in the mutual benefit corporation represents a right to receive a distribution of water for beneficial use. See Utah Code 16-6a-102 Wholesale water supplier: means a person that provides most of that person's water to a retail water supplier. See Utah Code 19-4-102 Writing: includes :Utah Code 68-3-12.5