[Amended 3-26-2002 by Ord. No. 02-4]
A.
Every new owner of a dog or cat adopted from a releasing agency shall cause the dog or cat to be sterilized pursuant to the agreement required by Subsection B(2) of this section.
B.
A dog or cat shall not be released for adoption from
a releasing agency unless:
(1)
The animal has already been sterilized; or
(2)
The individual adopting the animal signs an agreement
to have the animal sterilized by a licensed veterinarian within 30
days of the adoption if the animal is sexually mature or within 30
days after the animal reaches six months of age if the animal is not
sexually mature at the time of adoption.
C.
A releasing agency may extend for 30 days the date
by which a dog or cat must be sterilized on presentation of a written
report from a veterinarian stating that the life or health of the
adopted animal may be jeopardized by sterilization. In cases involving
extenuating circumstances, the veterinarian and the releasing agency
may negotiate the terms of an extension of the date by which the animal
must be sterilized.
D.
Nothing in this section shall preclude the sterilization
of a sexually immature dog or cat upon the written agreement of the
veterinarian, the releasing agency and the new owner.
E.
Upon the petition of an animal control officer, humane
investigator, the State Veterinarian or a State Veterinarian's representative
to the district court of the County or city where a violation of this
article occurs, the court may order the new owner to take any steps
necessary to comply with the requirements of this article. This remedy
shall be exclusive of and in addition to any civil penalty which may
be imposed under this article.
A.
The date of the agreement.
B.
The names, addresses and signatures of the releasing
agency and the new owner.
C.
A description of the dog or cat to be adopted.
D.
The date by which the dog or cat is required to be
sterilized.
E.
A statement printed in conspicuous, bold print that
sterilization of the dog or cat is required under this article; that
a person who violates this article is subject to a civil penalty;
and that the new owner may be compelled to comply with the provisions
of this article.
Each new owner who signs a sterilization agreement
shall, within seven days of the sterilization, cause to be delivered
or mailed to the releasing agency written confirmation signed by the
veterinarian who performed the sterilization. The confirmation shall
briefly describe the dog or cat; include the new owner's name and
address; certify that the sterilization was performed; and specify
the date of the procedure. Any person who violates this section shall
be subject to a civil penalty not to exceed $150.
If an adopted dog or cat is lost or stolen or
dies before the animal is sterilized and before the date by which
the dog or cat is required to be sterilized, the new owner shall,
within seven days of the animal's disappearance or death, notify the
releasing agency of the animal's disappearance or death. Any person
who violates this section shall be subject to a civil penalty not
to exceed $25.
This article shall not apply to an owner reclaiming
his dog or cat from a releasing agency.
The County or releasing agency may charge and
collect from the new owner a reasonable fee or deposit as determined
from time to time before releasing a dog or cat for adoption to ensure
sterilization.
Any animal control officer, humane investigator,
the State Veterinarian or State Veterinarian's representative shall
be entitled to bring a civil action for any violation of this article
which is subject to a civil penalty. Any civil penalty assessed pursuant
to this article shall be paid into the treasury of the County and
used for the purpose of defraying the costs of local animal control,
including efforts to promote sterilization of dogs or cats.
