7-12-065  Redemption of dogs and cats.
   (a)   Except as provided elsewhere in this section, any dog or cat impounded under Sections 7-12-040(a), 7-12-080, or 7-12-290 shall, prior to the animal’s return to its owner:
      (1)   have a microchip implanted if it does not already have one;
      (2)   have a confirmed current rabies vaccination; and
      (3)   if the dog or cat is capable of reproduction, be sterilized.
   (b)   An owner may receive the animal without compliance with subsection (a)(1) or (3) if:
      (1)   The Executive Director determines that microchipping and/or sterilization would endanger the life or health of the animal, or
      (2)   The owner contests microchipping and/or sterilization within the stray hold period set forth in Section 7-12-060 by filing a written request for a hearing.
   (c)   An owner who redeems an animal pursuant to subsection (b)(1) shall, within thirty days of redeeming the animal, provide the Department with either:
      (1)   proof that the owner had the animal microchipped and/or sterilized; or
      (2)   a veterinarian’s certificate stating that the animal cannot be sterilized without endangering the life or health of the animal.
   (d)   If the owner requests a hearing pursuant to subsection (b)(2), the Department of Administrative Hearings shall appoint an administrative law officer, who shall hold a hearing, at which all interested parties may present testimony and any other relevant evidence, within 15 days of the request. If the administrative law officer upholds the Executive Director’s determination that the cat or dog is subject to the requirements of subsection (a), then the owner shall complete the ordered procedures and provide the Department with the documentation required in subsection (c) within thirty-five days after the administrative law officer’s order. If the owner appeals to the circuit court during that time period, the order to sterilize and implant a microchip in the animal shall be stayed until resolution of such appeal.
(Added Coun. J. 12-4-02, p. 99026, § 4.1; Amend Coun. J. 3-14-07, p. 99838, § 1; Amend Coun. J. 11-16-16, p. 37901, Art. I, § 10; Amend Coun. J. 4-18-18, p. 75057, § 2)