Van Buren Township, Michigan

Sec. 14-2. – Adoption contracts.

(a) Except as otherwise provided in this section, an animal control shelter or animal protection shelter shall not permit a person to adopt a dog or cat that has not been altered, unless that person has entered into a contract for the alteration of the dog or cat with the animal control shelter or animal protection shelter. The contract shall state that the adopting person agrees to have an alteration on the dog or cat and shall otherwise comply with this section.

(b) A contract with an animal control shelter or animal protection shelter entered into pursuant to subsection (1) shall require the adopting person to have an alteration performed on the dog or cat within four weeks after the adoption date if at the time of adoption the dog or cat is six months of age or older. If the dog or cat to be adopted is under six months of age at the time of adoption, the contract shall contain the date upon which the dog or cat will be six months of age and shall require the person adopting the dog or cat to have an alteration performed on the dog or cat within four weeks after that date. This section does not prevent a veterinarian from performing an alteration on a dog or cat that is under six months of age.

(c) Upon certification by a veterinarian in writing that a dog or cat has serious, permanent medical or health problem that prevents an alteration, the dog or cat adopted is not required to be altered. Upon certification by a veterinarian in writing that an alteration poses a serious, temporary medical or health problem, the alteration may be postponed. The person adopting the dog or cat shall have it reevaluated by a veterinarian at intervals not to exceed 14 days and shall have the alteration performed no later than seven days after a veterinarian determines that the temporary problem is resolved.

(d) Except as otherwise provided in subsection (6) a contract entered into pursuant to subsection (1) shall require the adopting person to leave with the animal control shelter or animal protection shelter, or a designee of the animal control shelter or animal protection shelter, a fee to be established by resolution of the township board of trustees that indicates the person’s intention to have the adopted dog or cat altered within the time provided pursuant to subsection (2). If the person fails to comply with the terms of the contract, the deposit is forfeited. The good faith deposit shall be returned to the adopting person if the adopting person submits written certification from a veterinarian of either of the following:

(1) The dog or cat has been altered within the time period in which the alteration was required under subsection (2).

(2) The dog or cat has a serious, permanent medical or health problem that prevents an alteration.

(e) If the adopting person complies with the terms of a contract entered into under subsection (1), the good faith deposit (fee shall be established by resolution of the township board of trustees) shall be refunded by the animal control shelter, animal protection shelter, or a designee of the animal control shelter or animal protection shelter, upon submission by the adopting person of written certification by a veterinarian that the adopted dog or cat was altered. The certificate shall include the date of alteration; the name of the owner of the dog or cat; the description of the dog or cat; and the signature of the veterinarian who performed the alteration.

(f) The good faith deposit under subsection (4) is not required if one or more of the following apply:

(1) A dog is transferred to a local, state, or federal law enforcement agency.

(2) A dog is transferred to an organization or trainer that trains guide or lead dogs for blind persons, hearing dogs for deaf or audibly impaired persons, or service dogs for physically limited persons.

(3) A dog or cat is transferred to another animal control shelter or animal protection shelter or is transferred to a person who will transfer the animal to another animal control shelter or animal protection shelter. Before the first animal control shelter or animal protection shelter releases the animal, it shall obtain from the person to whom the animal is to be released a written statement by the second animal control shelter or animal protection shelter that it is willing to accept the animal for purposes of adoption or humane euthanasia. Promptly after receipt of the animal by the second animal control shelter or animal protection shelter, the person to whom the animal was released shall provide the first animal control shelter or animal protection shelter with a written statement by the second animal control shelter or animal protection shelter containing a description of the dog or cat and acknowledging its receipt on a date specified in the statement.

(g) A contract entered into pursuant to subsection (1) shall include a statement that if the terms of the contract are breached because a person adopting a dog or cat fails to have the animal altered as requested in the contract, then the person agrees to pay liquidated damages (fee shall be established by resolution of the township board of trustees) or actual reasonable costs incurred by the animal control shelter or animal protection shelter to enforce the contract. Immediately before a person signs the contract, a representative of the animal control shelter or animal protection shelter shall verbally direct the person’s attention to the liquidated damages agreement in the contract.

(h) If a person fails to comply with a contract for the alteration of a dog or cat as required under subsection (6), a court with appropriate jurisdiction may order the transfer of ownership of the adopted animal only to one of the following:

(1) The facility from which the animal was adopted.

(2) A veterinarian, animal control shelter, or animal protection shelter willing to accept the animal and either humanely euthanize the animal or adopt the animal to an owner who agrees to have the animal altered.