(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
NEUTER. To render a male dog or cat unable to reproduce.
NEW OWNER or OWNER. A person legally competent to enter a contract acquiring a dog or cat from a releasing agency.
RELEASING AGENCY. Any pound, shelter, or humane society organization, whether public or private.
SPAY. To remove the ovaries of a female dog or cat in order to render said animal unable to reproduce.
STERILIZATION. To spay or neuter a dog or cat.
(B) Spaying or neutering as condition for release of certain animals. All dogs or cats adopted from the Hobart Animal Control Shelter shall not be released unless said animal has been surgically spayed or neutered or unless the adopting party agrees to have the animals sterilized and deposits a sum of $40 with the releasing agency.
(C) Refund of deposit upon proof of spaying or neutering.
(1) The funds deposited with the releasing agency shall be refunded to the adopting party upon the adopting party’s presentation of a written statement signed by a licensed veterinarian that the adopted animal has been spayed or neutered.
(2) However, no refunds shall be made unless said animal was spayed or neutered within 60 days of adoption in the case of adult animals; or, in the case of infant animals, within 30 days of the date the female animal detained the age of six months, or a male animal attained the age of eight months.
(D) Sterilization agreement.
This Agreement is made and entered into this day of , 20 , by and between:
(Releasing Agency) (New Owner)
Name Name
Address Address
City Telephone City Telephone
In consideration of the releasing of said animal, and in further consideration of mutual obligations herein, Releasing Agency releases the following animal to the New Owner:
(describe animal)
1. Releasing Agency agrees to release the above listed animal into the care of the New Owner and refund the New Owner’s spay/neuter deposit provided that:
1. The animal is sterilized by a graduate licensed veterinarian by
(give date)
2. A written statement signed by the veterinarian performing the sterilization, that the animal has been sterilized by the stated date is given to the Releasing Agency.
2. New Owner accepts the above listed animal and agrees:
1. To have the animal sterilized by a graduate licensed veterinarian by
(give date)
2. To provide written evidence to the Releasing Agency from the veterinarian performing the sterilization that the animal has been sterilized by the above date listed.
This agreement shall be binding upon the assigns, heirs, executors, and administrators of the respective parties.
The parties hereto have hereunto set their hands the day and year first above written.
Releasing Agency (Signature of Agent) New Owner (Signature of)
(E) Extension of time to spay or neuter. Upon presentation of a written report from a licensed veterinarian stating that the life of health of an adopted animal may be jeopardized by surgery, the releasing agency shall grant a 30-day extension of the period within the spay or neuter surgery would otherwise be required. Further extensions may be granted upon additional veterinary reports stating that necessity.
(F) Death of adopted animal - refund of deposited funds. If requested to do so, releasing agencies shall refund deposited funds to the adopting party upon reasonable proof being presented to the releasing agency by the adopting party that the adopted animal died before the expiration of the period during which the spaying or neutering was required to be completed.
(G) Disposition of forfeited funds - record of accounts.
(1) Funds which have been forfeited by adopting parties shall be placed in a separate account, which shall be an interest-bearing account whenever feasible and releasing agencies shall allocate funds from said account to programs which directly promote, subsidize, or otherwise reduce the cost of spaying or neutering animals of the releasing agency.
(2) The releasing agency shall maintain accurate records of accounts which fund spay/neuter programs.
(H) Adoption standards.
(1) Subject to the provisions and purposes of the Dog and Cat Sterilization Act, being 4 O.S. §§ 499 et seq., and laws of the State of Oklahoma, releasing agencies may establish adoption standards for pets in their care.
(2) Provided, however, that in the case of public facilities said standards must be reasonably related to the prevention of cruelty to animals, the responsible management of dogs and cats in the interest of preserving public health and welfare, and shall be applied in a fair and equal manner to all potential adopters.
(Prior Code, § 4-138) (Ord. 2020-01, passed 6-12-2020)