§ 11-46-301 Title
§ 11-46-302 Definitions
§ 11-46-302 v2 Definitions
§ 11-46-303 Community cats
§ 11-46-304 Permit process for community cat colonies

Terms Used In Utah Code > Title 11 > Chapter 46 > Part 3 - Community Cat 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
  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
  • agent: include any person who, while serving the indicated relationship to the nonprofit corporation, at the nonprofit corporation's request, is or was serving as a director, officer, partner, trustee, employee, fiduciary, or agent of:
    (i) another domestic or foreign corporation;
    (ii) another person; or
    (iii) an employee benefit plan. See Utah Code 16-6a-901
  • Agreement: means a voluntary cleanup agreement under this chapter. See Utah Code 19-8-102
  • 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
  • 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
  • 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.
  • Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court.
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
  • Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-1-102
  • 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
  • Community cat: means a feral or free-roaming cat that is without visibly discernable or microchip owner identification of any kind, and has been sterilized, vaccinated, and ear-tipped. See Utah Code 11-46-302
  • Community cat caretaker: means any person other than an owner who provides food, water, or shelter to a community cat or community cat colony. See Utah Code 11-46-302
  • Community cat colony: means a group of cats that congregate together. See Utah Code 11-46-302
  • Completion: means , regarding property covered by an agreement:
    (a) no further response actions are necessary; or
    (b) the applicant is satisfactorily maintaining the engineering controls, remediation systems, postclosure care, and institutional controls to the extent required pursuant to the voluntary cleanup agreement. See Utah Code 19-8-102
  • 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
  • Contract: A legal written agreement that becomes binding when signed.
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • Corporate records: means the records described in Section 16-6a-1601. See Utah Code 16-6a-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.
  • 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 a member of the board of directors. See Utah Code 16-6a-102
  • Director: includes , unless the context requires otherwise, the estate or personal representative of a director. See Utah Code 16-6a-901
  • 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 Corporations and Commercial Code. See Utah Code 16-6a-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
  • Donor: The person who makes a gift.
  • Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
  • Election officer: means :
    (a) the lieutenant governor, for all statewide ballots and elections;
    (b) the county clerk for:
    (i) a county ballot and election; and
    (ii) a ballot and election as a provider election officer as provided in Section 20A-5-400. See Utah Code 20A-1-102
  • 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 assessment: means the assessment described in Section 19-8-107. See Utah Code 19-8-102
  • 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 state Department of Environment Quality or the executive director's designated representative. See Utah Code 19-10-102
  • Expenses: includes attorneys' fees. See Utah Code 16-6a-901
  • 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
  • Fraud: Intentional deception resulting in injury to another.
  • Indemnification: In general, a collateral contract or assurance under which one person agrees to secure another person against either anticipated financial losses or potential adverse legal consequences. Source: FDIC
  • 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.
  • institutional control: means , with respect to real property, any deed restriction, restrictive covenant, easement, reservation, environmental notice, engineering control, or other restriction or obligation that is designed to protect human health or the environment and:
    (a) is established in connection with a cleanup or risk assessment that is reviewed, overseen, conducted, or administered by the department; and
    (b) 
    (i) limits the use of the real property, groundwater, or surface water;
    (ii) limits activities that may be performed on or at the property; or
    (iii) requires maintenance of any engineering or other control. See Utah Code 19-10-102
  • Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC
  • 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
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Liability: means the obligation incurred with respect to a proceeding to pay a judgment, settlement, penalty, or fine, including:
    (a) an excise tax assessed with respect to an employee benefit plan; or
    (b) reasonable expenses. See Utah Code 16-6a-901
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local political subdivision: means a county, a municipality, a local district, or a special school district. See Utah Code 20A-1-102
  • mailing: includes registered or certified mail for which the proper fee is paid. See Utah Code 16-6a-102
  • 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
  • Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
  • Municipality: means a city, town, or metro township. See Utah Code 20A-1-102
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonprofit corporation: includes any domestic or foreign entity that is a predecessor of a nonprofit corporation by reason of a merger or other transaction in which the predecessor's existence ceased upon consummation of the transaction. See Utah Code 16-6a-901
  • 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.
  • Official capacity: means :
    (i) when used with respect to a director, the office of director in a corporation; and
    (ii) when used with respect to a person other than a director, as contemplated in Section 16-6a-907, the office in a corporation held by the officer or the employment, fiduciary, or agency relationship undertaken by the person on behalf of the corporation. See Utah Code 16-6a-901
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Party: includes an individual who was, is, or is threatened to be made a named defendant or respondent in a proceeding. See Utah Code 16-6a-901
  • Party related to a director: means :
    (a) the spouse of the director;
    (b) a child of the director;
    (c) a grandchild of the director;
    (d) a sibling of the director;
    (e) a parent of the director;
    (f) the spouse of an individual described in Subsections (38)(b) through (e);
    (g) an individual having the same home as the director;
    (h) a trust or estate of which the director or another individual specified in this Subsection (38) is a substantial beneficiary; or
    (i) any of the following of which the director is a fiduciary:
    (i) a trust;
    (ii) an estate;
    (iii) an incompetent;
    (iv) a conservatee; or
    (v) a minor. See Utah Code 16-6a-102
  • 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
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
  • 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
  • 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
  • Proceeding: means any threatened, pending, or completed action, suit, or proceeding, whether civil, criminal, administrative, or investigative and whether formal or informal. See Utah Code 16-6a-901
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Program: means the Voluntary Environmental Cleanup Program created under this chapter. See Utah Code 19-8-102
  • Property: includes both real and personal property. See Utah Code 68-3-12.5
  • Provider election officer: means an election officer who enters into a contract or interlocal agreement with a contracting election officer to conduct an election for the contracting election officer's local political subdivision in accordance with Section 20A-5-400. See Utah Code 20A-1-102
  • Quorum: The number of legislators that must be present to do business.
  • real property: includes :Utah Code 68-3-12.5
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • 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
  • 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 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
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Response action: means the cleanup or removal of a contaminant from the environment. See Utah Code 19-8-102
  • 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
  • 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.
  • 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
  • Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
  • Sponsor: means any person or organization that traps feral cats, sterilizes, vaccinates against rabies, and ear-tips them before returning them to the location where they were trapped. See Utah Code 11-46-302
  • 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.
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
  • Trustee: A person or institution holding and administering property in trust.
  • 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
  • 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
  • Writing: includes :Utah Code 68-3-12.5