A.    For the purposes of this section, the following definitions shall apply:

    1.    “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.

    2.    “Recipient” means the person to whom an animal shelter transfers an animal for adoption.

    3.    “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.

    4.    “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.

    5.    “Transfer” means that an animal shelter sells, gives away, places for adoption, or transfers an animal to a recipient.

    B. 1. An animal shelter may not transfer an animal that has not been sterilized, except as provided in this section.

    2.    An animal shelter may transfer an animal for adoption that has not been sterilized only if the animal shelter:

    a.    Establishes a written agreement, executed by the recipient, stating the animal is not sterilized and the recipient agrees in writing to be responsible for ensuring the animal is sterilized:

    i.    Within thirty (30) days after the agreement is signed, if the animal is six months of age or older, or

    ii.    If the animal is younger than six months of age, within thirty (30) days after the animal becomes six months of age; and

    b.    Receives from the recipient a sterilization deposit as provided under this section the terms of which are part of the written agreement executed by the recipient under this section.

    C. 1. A sterilization deposit may be:

    a.    A portion of the adoption fee or purchase price of the pet, which will enable the adopter to take the pet for sterilization to a veterinarian with whom the animal shelter has an agreement that the veterinarian will bill the animal shelter directly for the sterilization;

    b.    A deposit that is:

    i.    Refundable to the recipient if proof of sterilization of the animal within the appropriate time limits under this section is presented to the animal shelter not more than three months after the date the animal is sterilized, and

    ii.    Forfeited to the animal shelter if proof of sterilization is not presented to the animal shelter in compliance with subsection (c)(1)(b)(i) of this section; or

    c.    A deposit under this section required for an owner to claim an unsterilized animal impounded at the animal shelter.

    2.    Sterilization deposits under subsection (C)(1) of this section shall reflect the average reduced cost of a sterilization of an animal, based on the gender and weight of the animal, that is reasonably available in the area where the animal shelter is located, but the deposit may not be less than twenty-five dollars ($25.00).

    3.    If a female dog or cat and her litter are transferred to one person, a sterilization deposit is required only for the female dog or cat.

    4.    All sterilization deposits forfeited or unclaimed under this section shall be retained by the animal shelter and shall be used by the animal shelter only for:

    a.    A program to sterilize animals, which may include a sliding scale fee program;

    b.    A public education program to reduce and prevent overpopulation of animals and the related costs to local governments;

    c.    A follow-up program to assure that animals transferred by the animal shelter are sterilized in accordance with the agreement executed under this section; and

    d.    Any additional costs incurred by the animal shelter in the administration of the requirements of this section.

    D.    If a recipient fails to comply with the sterilization agreement under this section:

    1.    The failure is ground for seizure and impoundment of the animal by the animal shelter from whom the recipient obtained the animal;

    2.    The recipient relinquishes all ownership rights regarding the animal and any claim to expenses incurred in maintenance and care of the animal; and

    3.    The recipient forfeits the sterilization deposit.

    E. 1. Upon the second impound within a twelve (12) month period and upon any subsequent impound of an animal that is claimed by its owner, an animal shelter may release the impounded animal to its owner only upon payment of all impound fees required by the shelter and:

    a.    Receipt of proof the animal has been sterilized; or

    b.    A sterilization deposit.

    2.    The sterilization deposit shall be refunded to the owner only if the owner provides proof of sterilization to the animal shelter within thirty (30) days of release of the animal to the owner.

    F. 1. a. A person who knowingly commits any of the violations in subsection (F)(2) of this section is subject to a civil penalty of not less than two hundred fifty dollars ($250.00) on a first violation of said subsection, and a civil penalty of not less than five hundred dollars ($500.00) on any second or subsequent violation of said subsection.

    b.    The administrator of the animal shelter imposes the civil penalties under this section.

    2.    A person is subject to the civil penalties under subsection (F)(1) of this section who:

    a.    Falsifies any proof of sterilization submitted for the purpose of compliance with this section;

    b.    Provides to an animal shelter or a licensed veterinarian inaccurate information regarding ownership of any animal required to be submitted for sterilization under this section;

    c.    Submits to an animal shelter false information regarding sterilization fees or fee schedules; or

    d.    Issues a check for insufficient funds for any sterilization deposit required of the person under this chapter.

    3.    A person who contests a civil penalty imposed against him or her under this section is entitled to an administrative hearing that provides for the person’ s rights of due process.

    4.    All penalties collected under this section shall be retained by the animal shelter imposing the penalties, to be used solely for the purposes under this section. (Ord. 9-2000 § 24: Ord. 7-1992 § 5.06)