§ 4-19-16. 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 in accordance
with subsections (a)(2) and (a)(3).
(2) The licensed releasing agency is authorized to enter into a written adoption agreement
with the adopting party provided that at the time of execution of the written agreement,
the licensed releasing agency collect from the adopting party an amount equal to the
cost to the licensed releasing agency for the spaying or neutering of the dog or cat
to be adopted. The written agreement must include the dog or cat's age, sex, and general
description; the date the adoption agreement was executed; the date by which the licensed
releasing agency anticipates that the dog or cat will be spayed or neutered; the date
by which the adoptive party shall claim the dog or cat; the adopting party's name,
address, phone number, and signature; the licensed releasing agency's name, address,
phone number, and the dollar amount remitted to the licensed releasing agency for
the cost of spaying or neutering the dog or cat.
(3) After execution of the agreement, the licensed releasing agency shall cause the dog
or cat to be spayed or neutered and, when medically fit, shall transfer custody of
the dog or cat to the adopting party. Any dog or cat that is not claimed by the adoptive
party within ten (10) days of the date enumerated in the written adoption agreement
shall be considered unclaimed and may be offered for adoption to another party.
(b) The following are exemptions from the provisions of subsection (a):
(1) A licensed releasing agency returns a stray dog or cat to its owner.
(2) 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.
(3) 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 enter into a written agreement for the spaying
or neutering of the dog or cat upon resolution of the temporary health condition or
the animal reaching maturity and shall collect from the adopting party an amount equal
to the cost to the licensed releasing agency for the spaying or neutering of the dog
or cat to be adopted. The licensed releasing agency may then allow the transfer of
the dog or cat to the adopting party who shall return the dog or cat to the licensed
releasing agency for spaying or neutering upon resolution of the temporary health
condition or the animal reaching sexual maturity. The licensed releasing agency may
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.
(4) A licensed releasing agency transfers a dog or cat to another licensed releasing agency.
(c) If requested to do so, a licensed releasing agency shall refund fees collected for
the purpose of spaying or neutering the dog or cat 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 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.