11-1022. Sterilization of impounded dogs and cats; definitions

A. A dog or cat shall not be released for adoption from a county, city or town pound or from an animal shelter unless one of the following applies:

1. The dog or cat has been first surgically spayed or neutered or sterilized by another procedure.

2. There is no veterinary facility capable of performing sterilization within a twenty mile radius of the pound or shelter.

3. A veterinarian determines that a medical contraindication for sterilization exists that reasonably requires postponement of the sterilization until the surgery or another approved sterilization procedure can be performed in a safe and humane manner.

B. If subsection A, paragraph 2 or 3 of this section applies, the adopting party shall sign an agreement to have the dog or cat sterilized by a veterinarian within thirty days or within fifteen days of a veterinarian's determination that sterilization may be performed in a safe and humane manner and shall deposit with the pound or shelter an amount sufficient to ensure that the dog or cat will be sterilized.

C. If the adoption fee includes the cost of sterilization, no deposit is required.  The amount of the deposit required by subsection B of this section shall be determined by the pound or shelter to be comparable to the lowest fee charged by veterinarians in the county.  The pound or shelter shall refund to the adopting party any monies deposited pursuant to the agreement if within the time provided in the agreement there is presented a written statement signed by a licensed veterinarian that the adopted dog or cat has been sterilized.

D. Any deposit monies that are not refunded under subsection C of this section shall be used only for the following purposes:

1. Sterilization of dogs and cats.

2. Public education to prevent overpopulation of dogs and cats.

3. Costs of confirming that adopted dogs and cats are sterilized.

E. This section does not apply to a county or incorporated city or town that adopts an ordinance or resolution for dog and cat sterilization that exceeds the requirements of this section.

F. A dog or cat shall not be released to its owner from a county, city or town pound or from an animal shelter unless one of the following applies:

1. The dog has a current dog license pursuant to section 11-1008 at the time the dog entered the pound or shelter.

2. The dog or cat has been sterilized and implanted with a microchip for the purposes of identification at the dog or cat owner's expense.

3. There is no veterinary facility capable of performing sterilization within a twenty mile radius of the pound or shelter.

4. A veterinarian determines that a medical contraindication for sterilization exists that reasonably requires postponement of the sterilization until the surgery or another approved sterilization procedure can be performed in a safe and humane manner.

5. The owner pays a fifty dollar recovery fee, in addition to any fees and costs otherwise required pursuant to this article.

G. Before sterilizing an animal pursuant to subsection F, paragraph 2 of this section, an animal shelter shall hold the impounded dog or cat for a minimum of seventy-two hours and make reasonable efforts to locate its owner by inspecting it for microchips, tattoos or other identifying information.

H. For the purposes of this section:

1. "Animal shelter" means a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit corporate organization devoted to the welfare, protection and humane treatment of animals.

2. "Sterilization" means the surgical removal of the reproductive organs of a dog or cat or the use of humane nonsurgical methods and technologies approved by the food and drug administration, the United States department of agriculture or the environmental protection agency to permanently render the animal unable to reproduce.