§ 90.05  ADOPTION OF CATS OR DOGS.
   The Animal Control Manager shall be authorized to place for adoption dogs or cats impounded by the city under the following conditions:
   (A)   The Animal Control Manager shall determine whether a dog or cat is healthy enough for adoption and its health and age adequate for vaccination.  However, such decision by the Animal Control Manager shall not constitute a warranty of the health or age of the animal.
   (B)   There will be an adoption fee for all dogs and cats at an amount set by the City Council.
   (C)   Requirements for adoption of dog or cat age 16 weeks or older.
      (1)   Vaccination fee.
         (a)   In the event said adopted dog or cat age 16 weeks or older is not vaccinated, a fee in an amount set by the City Council shall be paid for the issuance of a rabies vaccination voucher which the adopting person is to present to any veterinarian within one week for vaccination against rabies of the adopted dog or cat. The veterinarian shall present the voucher with a statement verifying the vaccination to the Animal Control Manager for receipt of the prepaid fee or the veterinarian's fee for administering the vaccination, whichever is less.
         (b)   A person commits an offense if after adopting a dog or cat 16 weeks of age or older he knowingly fails to obtain a rabies vaccination for such animal within one week of the adoption date.
         (c)   It shall be presumed that the person failed to have the animal vaccinated if within ten days of the adoption date he has not presented the Animal Control Manager with proof of the vaccination. Such proof shall be in the form of a receipt from the veterinarian administering the vaccination.
         (d)   The Animal Control Manager shall be authorized to reimpound any dog or cat adopted under this division (C) if the vaccination is not obtained within the required time. In such case there shall be no refund of the adoption fee, and ownership of the animal shall revert to the city.
      (2)   License fee.  In the event the adopted dog or cat age 16 weeks or older is not licensed, the adopting person shall present to the Animal Control Manager the license fee as set forth in § 90.23.1.
   (D)   Requirements for adoption of a dog or cat under 16 weeks of age.
      (1)   Vaccination fee.
         (a)   In the event the dog or cat to be adopted is under 16 weeks of age, the vaccination will not be required until the animal is 16 weeks of age. A fee in an amount set by the City Council shall be paid for the issuance of a rabies vaccination voucher which the adopting person is to present to any veterinarian. The veterinarian shall present the certificate with a statement verifying the vaccination to the Animal Control Manager for receipt of the prepaid fee or the veterinarian's fee for administering the vaccination, whichever is less.
         (b)   A person who adopts a dog or cat under this division (D) commits an offense if he knowingly fails to obtain a rabies vaccination for such animal within the age limits required in this division (D).
         (c)   It shall be presumed that the person failed to have the animal vaccinated when it turned 16 weeks of age, if within seven business days of the animal turning 16 weeks of age, the owner has not presented proof of vaccination to the Animal Control Manager. Proof shall be in the form of a receipt from the veterinarian administering the vaccine.
         (d)   The Animal Control Manager shall be authorized to reimpound the adopted dog or cat under this division (D) if the vaccination is not obtained within the required age limits. In such case there shall be no refund of the adoption fee, and ownership of the animal shall revert to the city.
      (2)   License fee.
         (a)   Within one week after a dog or cat, which was under 16 weeks old when adopted, is vaccinated against rabies, the adopting person shall furnish to the Animal Control Manager the original adoption receipt and proof of vaccination to receive the city license.
         (b)   The adopting person shall pay the Animal Control Manager the license fee as set out in § 90.23.1 if the animal is to remain within the corporate city limits of Mansfield.
      (3)   Core vaccine fee.
         (a)   In the event an adopted dog or cat age six weeks or older is not vaccinated against Canine Distemper (CDV), Infectious Canine Hepatitis (ICH), Canine Parvovirus (CPV), Canine Parainfluenza Virus, Feline Viral Rhinotracheitis (FVR), Feline Calicivirus (FCV), or Feline Panleukopenia (FPL) there will be a core vaccination fee at an amount set by the City Council.
         (b)   Upon payment of the core vaccination fee, the dog or cat will be provided such service by the Animal Control Manager.
         (c)   In the event the adopted dog or cat is under six weeks of age, a voucher will be presented to the adopting person which the person may present to Animal Control, for rendering such service, upon the adopted dog or cat reaching six weeks of age.
      (4)   Microchip fee.
         (a)   In the event an adopted dog or cat does not have microchip identification there will be a microchip implantation at a fee at an amount set by the City Council.
         (b)   Upon payment of the microchip fee, the dog or cat will be provided microchip implantation by the Animal Control Manager.
   (E)   Sterilization.
      (1)   Written agreement. A person adopting a dog or cat that has not been sterilized shall sign a written agreement that they will have the animal sterilized:
         (a)   Within 30 days after adoption if the dog or cat is an adult; or
         (b)   Within 30 days after a specified date estimated by the Animal Control Manager to be the date an adopted infant female dog or cat becomes six months old or an adopted infant male dog or cat becomes eight months old.
      (2)   Fee.
         (a)   A person adopting an unsterilized animal shall pay the Animal Control Manager a sterilization fee in an amount set by the City Council, and shall receive a spaying or neutering voucher.
         (b)   Within the sterilization date, the adopting person shall present the voucher to the licensed veterinarian who performed the sterilization of the adopted animal.
         (c)   The veterinarian shall present the certificate to the Animal Control Manager, along with a statement verifying that the animal was sterilized, for receipt of the prepaid fee or the veterinarian's fee, whichever is less.
      (3)   Offense.
         (a)   A person who signs a sterilization agreement commits an offense if he fails to have the animal sterilized on or before the sterilization completion date stated in the agreement.
         (b)   If the sterilization date falls on a Saturday, Sunday or legal holiday, the deadline is extended to the first day that is not a Saturday, Sunday or legal holiday.
         (c)   The Animal Control Manager may extend the sterilization deadline for 30 days upon presentation by the adopting person of a written report by a licensed veterinarian stating that the life or health of the adopted animal may be jeopardized by surgery. There is no limit to the number of extensions that may be granted under this division (E).
      (4)   Confirmation of sterilization.
         (a)   A person who signs a sterilization agreement shall deliver to the Animal Control Manager a letter signed by the veterinarian who performed the surgery. The letter shall be delivered in person or by mail not later than the seventh day after the date on which the animal was sterilized. The letter shall state that the animal has been sterilized, briefly describe the animal and provide the date of sterilization.
         (b)   If an adopted animal dies on or before the sterilization completion date, the adopting person shall deliver to the Animal Control Manager a signed letter stating that the animal is dead. The letter shall be delivered not later than seven days after the date of the animal's death, and shall describe the cause of death if known and provide the date of death. This letter shall be in lieu of the letter required in division (E)(4)(a) of this section.
         (c)   If an adopted animal is lost or stolen before the sterilization date, the adopting person shall deliver to the Animal Control Manager a signed letter stating that the animal is lost or stolen. The letter shall be delivered not later than seven days after the date of the animal's disappearance and shall describe the circumstances surrounding the disappearance and the approximate date of disappearance. This letter shall be in lieu of the letter required in division (E)(4)(a) of this section.
      (5)   Prosecution.
         (a)   If the Animal Control Manager does not receive a letter under division (E)(4) of this section before the expiration of the seventh day after the sterilization completion date, he shall file a complaint against the adopting person in the Mansfield Municipal Court.
         (b)   In a prosecution of a person for failing to sterilize an adopted animal by the sterilization completion date, it shall be presumed that the failure of such person to deliver to the Animal Control Manager a letter required by division (E)(4) of this section is the result of the person's refusal to have the adopted animal sterilized. The person may rebut this presumption at trial with the proof required by division (E)(4) of this section.
      (6)   Reclamation of animal.  The Animal Control Manager may reclaim an adopted animal after the expiration of the seventh day after the sterilization completion date, if the Animal Control Manager has not received a letter as outlined in division (E)(4) of this section. In such case there shall be no refund of the adoption fee, and ownership of the animal shall revert to the city.
(Ord. OR-1787-10, passed 10-11-10)