(a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning:
(1) Animal adoption or adoption means the transfer of possession and ownership of a dog or cat from a person or entity that did not originally breed the animal, is not commercially selling the animal for a profit, or is classified as exempt from federal taxation under section 501(c) of the Internal Revenue Code (26 U.S.C. sec. 501(c)).
(2) Adoption agency or agency means any person or not-for-profit entity offering ten (10) or more animals for adoption in any calendar year or conducting animal adoptions within Fayette County.
(3) Adopter means the person or entity that accepts the transfer of possession and ownership of an animal from an adoption agency.
(4) Adoption fee means the consideration, monetary or otherwise, exchanged for the adoption of an animal, including all costs paid or to be paid by the adopter.
(5) Animal means a dog or a cat.
(b) Any person who in any calendar year offers ten (10) or more animals for adoption within Fayette County shall be considered an adoption agency and shall comply with the following conditions:
(1) Provide the adopter with a comprehensive list of medical care and services provided to the animal as of the date of adoption and the adoption agency's policy for returning animals.
(2) Shall, at a minimum, spay or neuter, vaccinate for rabies, obtain and maintain all applicable state and local licenses, and microchip with an identification tag all animals offered for adoption. On the date of the adoption, the adoption agency shall provide the adopter with documentary evidence of compliance with this subsection.
(3) Shall post at each location where animals are available for adoption, in a conspicuous place, a sign containing the name (including corporate or company status), business address, and telephone number of the adoption agency and the name of the person responsible for the adoption agency's compliance with this section.
(4) Shall provide the adopter with a copy of the information required in subsection (b)(3) and an itemized list of the adoption fees.
(5) If it is not medically advisable to neuter or spay the animal offered for adoption, then the adoption agency and the adopter shall enter into a written adoption contract in which the adopter agrees to have the animal spayed or neutered within a period of four (4) months from the date of adoption and the adoption agency agrees to pay the cost of neutering or spaying the animal at the appropriate time. A written statement from a licensed veterinarian shall be required to qualify for the temporary exemption from neutering or spaying. Evidence of payment for the cost of neutering or spaying the animal shall be provided in writing to the person adopting the animal on the date of the adoption.
(c) A violation of subsection (b) shall be a misdemeanor, punished by a fine of up to five hundred dollars ($500.00). Each day's continuance of any such violation shall be a separate offense and each animal offered for adoption or adopted in violation of this section shall be considered a separate offense.
(d) Any animal offered for adoption in violation of the provisions of this section may be seized and impounded by the urban county government and may be confined at the urban county government animal shelter until all violations are corrected and all fines paid. The urban county government or its designee may transfer title to any animal impounded for a period greater than thirty (30) days.
(Ord. No. 304-2001, § 1, 12-6-01)