(A) A public or private animal shelter, animal control agency operated by a political subdivision of this State, humane society, or public or private rescue organization shall make provisions for the sterilization of all dogs or cats acquired from the shelter, agency, society, or rescue organization by:
(1) providing sterilization by a licensed veterinarian before relinquishing custody of the animal; or
(2) entering into a written agreement with the person acquiring the animal guaranteeing that sterilization will be performed by a licensed veterinarian within thirty days after acquisition of a sexually mature animal or no later than six months of age except upon a written statement issued by a licensed veterinarian stating that such surgery would threaten the life of the animal.
(B) This section does not apply to a privately owned animal which the shelter, agency, society, or rescue organization may have in its possession for any reason if the owner of the animal claims or presents evidence that the animal is his property.
(C) All costs of sterilization pursuant to this section are the responsibility of the person acquiring the animal and, if performed before acquisition, may be included in the fees charged by the shelter, agency, society, or rescue organization for the animal.
(D) A person acquiring an animal from a shelter, an agency, a society, or a rescue organization which is not sterile at the time of acquisition shall submit to the shelter, agency, society, or rescue organization a signed statement from the licensed veterinarian performing the sterilization required by subsection (A) within seven days after sterilization attesting that the sterilization has been performed.
HISTORY: 1998 Act No. 271, Section 1, eff upon approval (became law without the Governor's signature on April 8, 1998); 2019 Act No. 43 (S.105), Section 8, eff May 16, 2019.
Editor's Note
2019 Act No. 43, Section 10, provides as follows:
"SECTION 10. The General Assembly finds it is the best practice for a shelter, public or private, to prepare and maintain records documenting the number of animals admitted to the facility and the method by which those animals exit the facility, whether by adoption, fostering, natural death, euthanasia, transfer to another state, or other means of discharge."
Effect of Amendment
2019 Act No. 43, Section 8, in (A), substituted "rescue organization" for "animal refuge" and "rescue organization" for "refuge"; in (B) and (C), substituted "rescue organization" for "refuge"; and in (D), substituted "rescue organization" for "refuge" in two places.