R657-65-3. Authorization to Create and Administer an Urban Deer Control Plan

  (1) A city with a resident deer population that is significantly damaging private property or threatening public safety within its boundaries may request the Division for a certificate of registration ("COR") to design, create, and administer an urban deer control plan.

  (2) The Division may issue an urban deer control plan COR to a city, provided:

  (a) the application is filed by a city;

  (b) resident deer are collectively causing significant damage to private property or threatening public safety within the city's incorporated boundaries;

  (c) it has enacted an ordinance prohibiting the feeding of deer, elk, and moose;

  (d) it has general liability insurance in the amount of $1,000,000.00 or more that covers liability claims that may arise from designing, creating, and administering an urban deer control plan;

  (e) it agrees, without waiving immunity or any other limitation or provision in the Utah Governmental Immunity Act, Utah Code Sections 63G-7-101 through 63G-7-904, to hold harmless and indemnify the Division against any claims or damages arising from its deer removal activities undertaken pursuant to the urban deer control plan COR, except for any allocated share of fault and damages attributable to the Division's actual involvement in deer removal activities on the ground: and

  (f) it submits with its application the estimated population of resident deer in the city and the final target population number it seeks to achieve through deer removal.