Sec. 3-17. - Mandatory spaying and neutering of dogs and cats adopted from a licensed releasing agency.

(a)

(1)

No licensed releasing agency shall release, sell, trade, give away, exchange, adopt out, or otherwise transfer with or without a fee any dog or cat that has not been spayed or neutered unless the adopting party executes a written agreement with the licensed releasing agency to have the dog or cat spayed or neutered within 30 days of the adoption date or within 30 days from the date that the dog or cat reaches sexual maturity, with the cost of the spaying or neutering to be the responsibility of the adopting party.

(2)

The written agreement must include the dog or cat's age, sex, and general description; the date of adoption and the date by which the dog or cat must be spayed or neutered; the adopting party's name, address, phone number, and signature; the licensed releasing agency's name, address, phone number, and the dollar amount of the deposit remitted.

(3)

There shall be a spay/neuter program at the city animal shelter for animals, which program shall be adopted by the animal control officer with the approval of the mayor. There shall be an adoption fee for animals adopted from the city animal shelter set by the animal control officer subject to the approval of the mayor.

(4)

Alternatively, the licensed releasing agency shall make appropriate arrangements for the spaying or neutering of the dog or cat by a licensed veterinarian and have the surgery completed before releasing the dog or cat to the adopting party.

(b)

The following are exemptions from the provisions of subsection (a):

(1)

a.

A licensed releasing agency returns a stray dog or cat to its owner.

b.

A licensed releasing agency receives a written report from a licensed veterinarian stating that the life of the dog or cat would be jeopardized by the surgery and that this health condition is likely to be permanent.

c.

A licensed releasing agency receives a written report from a licensed veterinarian stating that there is a temporary health condition, including sexual immaturity, which would make surgery life threatening to the dog or cat or impracticable, in which instance the licensed releasing agency shall grant the adopting party an appropriate extension of time in which to have the dog or cat spayed or neutered based on the veterinarian's report.

d.

A licensed releasing agency transfers a dog or cat to another licensed releasing agency.

(2)

The exemptions provided in subsections (1)b. and (1)c. above are only applicable if the licensed releasing agency receives a written report from a licensed veterinarian within the 30-day period during which the spaying or neutering would otherwise be required, or in the case of a report contemplated by subsection (1)b., the report may be provided to the licensed releasing agency during any temporary extension period provided by subsection (1)c., if the health condition of the dog or cat has changed.

(c)

If requested to do so, a licensed releasing agency shall refund deposited funds to the adopting party upon reasonable proof being presented to the releasing agency by the adopting party that the dog or cat died before the expiration of the period during which the spaying or neutering was required to be completed.

(d)

Any and all licensed releasing agencies:

(1)

May enter into cooperative agreements with each other and with veterinarians in carrying out this section; and

(2)

Shall make a good faith effort to cause an adopting party to comply with this section.

(Ch. 449, § I, 5-6-08; Ch. 755, § I, 12-3-19; Ch. 877, § I, 6-6-23)