Lovejoy, Georgia

Sec. 8-238. – Adoption.

The animal control unit may convey ownership, permit adoption, of any animal which has become the property of the animal control unit, except dogs which have been designated as dangerous and potentially dangerous, to a responsible person subject to such conditions as may be prescribed by the animal control unit, including, but without limitation, the following:

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(3) Evidence satisfactory to the animal control unit that the animal has been, or will be, neutered or spayed.

ARTICLE XI. – STERILIZATION OF DOGS AND CATS

Sec. 8-284. – Purpose.

The mayor and council find that the breeding of dogs and cats acquired by the public from animal control shelters and private animal shelters and humane societies results in the birth of hundreds of animals who become strays, suffer privation and death, constitute a public nuisance and health hazard, and ultimately are impounded and destroyed at great public expense. It is therefore declared to be the policy of the city that preventing the breeding of dogs and cats acquired from such shelters and humane societies be encouraged.

Sec. 8-286. – Regulations.

(a) Any public or private animal shelter, animal control agency operated by the state, county or a municipality, humane society, or public or private animal refuge shall make provisions for the sterilization of all dogs or cats acquired from such shelter, agency, society, or refuge by:

(1) Providing sterilization by a licensed veterinarian before relinquishing custody of the animal.

(2) Entering into a written agreement with the person acquiring such animal guaranteeing that sterilization will be performed by a licensed veterinarian within 30 days after acquisition of such animal in the case of an adult animal or within 30 days of the sexual maturity of the animal in the case of an immature animal; provided, however, that the requirements of this section shall not apply to any privately-owned animal which any shelter, agency, society, or refuge may have in its possession for any reason, and the owner of such animal claims or presents evidence that such animal is the property of such person.

(b) Fee and cost responsibility.

(1) All costs of sterilization pursuant to this section shall be the responsibility of the person acquiring such animal and, if performed prior to acquisition, may be included in any fees charged by the shelter, agency, society, or refuge for such animal.

(2) A sterilization bond shall be paid by the adopting person at the time of adoption. The amount of the sterilization bond shall be determined by the chief, county police department, or his designee; it shall not exceed the amount of the highest cost of sterilization charged by veterinarians participating in the sterilization bond program.

(3) The sterilization bond is redeemed by the licensed veterinarian who performs the sterilization and completes the written statement attesting the same, who should be a licensed veterinarian who has agreed previously to participate in the sterilization bond program.

(4) The adopting person may redeem the sterilization bond upon presentation of satisfactory proof of sterilization, in a manner acceptable to the county animal control unit commander. The remaining cost of sterilization, if any, shall be the sole responsibility of the adopting person.

(5) The sterilization bond will have a fixed expiration date, determined by the due date of the sterilization; however, such expiration date and due date may be extended in accordance with the provisions of section 8-286 and subsection (i) of this section. Upon the expiration of the sterilization bond, the sterilization bond shall be forfeited to the county animal control unit.

(c) Any person acquiring an animal from a public or private animal shelter, animal control agency operated by the state, county or a municipality, humane society, or public or private animal refuge, which animal is not sterile at the time of acquisition, shall submit to the animal shelter, animal control agency, humane society, or public or private animal refuge a signed statement from the licensed veterinarian performing the sterilization required by this section within seven days after such sterilization attesting that such sterilization has been performed.

(d) Every public or private animal shelter, animal control agency operated by the state, county or a municipality, humane society, or public or private animal refuge selling or offering for sale or exchange any dog or cat shall maintain and furnish to any person acquiring an animal from such shelter, agency, society, or refuge a current list of veterinarians licensed in this state who have notified the shelter, agency, society, or refuge that they are willing to perform sterilizations and the cost for such procedures.

(e) In the event of the death of an adopted cat or dog before the due date of the sterilization, the adopting person shall establish the death of said cat or dog:

(1) By filing with the city animal control unit an affidavit attesting to the fact the animal has died; or

(2) By leaving the body of the dog or cat with personnel of the county animal control unit for verification of death; or

(3) By providing to personnel of the county animal control unit a statement from a licensed veterinarian attesting to the death of the animal.

The proof of death of the cat or dog must be provided to the animal control unit before the due date of sterilization. If the adopting person does not provide such proof within the period specified, he may be charged for failure to sterilize under this section.

(f) In the event that the adopted dog or cat is stolen, the adopting person shall file a police report with the appropriate jurisdiction, stating the circumstances of theft and a description of the animal in as much detail as possible. The police report shall be presented to animal control before the due date of the sterilization to relieve the adopting person of the sterilization requirement.

(g) In the event that the adopted dog or cat runs away, or is lost or is given away by the adopting person, the adopting person shall not be relieved from the sterilization requirement. However, upon disposition of a case where this subsection is applicable, the adopting person shall be relieved of future responsibility as to that dog or cat.

(h) If the dog or cat is unable to be sterilized due to a medical condition or other reason which would affect the dog’s or cat’s well-being, the adopting person shall provide a written statement from a licensed veterinarian attesting to the condition preventing the animal’s sterilization. If such written statement is not in the possession of the animal control unit on or before the due date for sterilization, it shall constitute the offense of failure to sterilize against the adopting person.

(i) It shall be the sole responsibility of the adopting person to provide proof of sterilization, on or before the due date of sterilization, to the county animal control unit. In the event of a dispute as to the due date of sterilization, a licensed veterinarian shall determine the due date of sterilization; said determination shall be in writing and in the possession of the animal control unit on or before the previous due date of sterilization. If such proof or such determination is not in the possession of the county animal control unit on or before the due date for sterilization, it shall constitute the offense of failure to sterilize against the adopting person.

Sec. 8-287. – Penalty for violation.

Any person who violates any provision of this article shall be guilty of a misdemeanor and punished as provided in section 1-11. Each and every violation of the provisions of this chapter shall constitute a separate offense.