5-2-11: STERILIZATION REQUIREMENTS:
A. Definitions: As used in this section:
AGREEMENT: The city of St. George animal shelter’s written animal sterilization agreement.
ANIMAL: A cat or dog.
ANIMAL SHELTER: The city of St. George animal shelter.
CLAIMANT: An owner claiming an animal upon the animal’s second impound within a twelve (12) month period and upon any subsequent impound of that animal.
PERSON: An individual, an entity or a representative of an entity.
PROOF OF STERILIZATION: A written document signed by a veterinarian licensed under Utah Code Annotated title 58, chapter 28, the Utah Veterinary Practice Act, stating: 1) a specified animal has been sterilized; 2) the date on which the sterilization was performed; and 3) the location where the sterilization was performed.
RECIPIENT: The person to whom the animal shelter transfers an animal for adoption.
STERILIZATION DEPOSIT: The portion of a fee charged by the animal shelter to a recipient or claimant of an unsterilized animal to ensure the animal is timely sterilized in accordance with an agreement between the recipient or the claimant and the animal shelter.
STERILIZED: An animal has been surgically altered, either by the spaying of a female animal or by the neutering of a male animal, so it is unable to reproduce.
TRANSFER: The animal shelter sells, gives away, places for adoption or transfers an animal to a recipient.
B. Sterilization Required; Written Agreement:
1. The animal shelter may not transfer an animal that has not been sterilized, except as provided below.
2. The animal shelter may transfer an animal for adoption that has not been sterilized only if:
a. Recipient signs the animal shelter’s written agreement which states that the animal is not sterilized and the recipient agrees to be responsible for ensuring the animal is sterilized:
(1) Within thirty (30) days after the agreement is signed, if the animal is six (6) months of age or older; or
(2) If the animal is younger than six (6) months of age, within thirty (30) days after the animal becomes six (6) months of age; and
b. The animal shelter receives from the recipient a sterilization deposit as provided under the terms of the written agreement executed by the recipient under this section.
C. Sterilization Deposit:
1. Recipient or claimant shall deposit with the animal shelter a sterilization deposit which will enable the recipient or claimant to take the animal for sterilization to a veterinarian with whom the animal shelter has an agreement that the veterinarian will bill the animal shelter directly for the sterilization.
2. The deposit shall be forfeited to the animal shelter if proof of sterilization is not presented to the animal shelter in compliance with subsection B of this section. (Ord. 2002-05-004, 5-16-2002)
3. Sterilization deposits shall reflect the average reduced cost of a sterilization of an animal, based on the gender and weight of the animal. The amount of the sterilization deposit shall conform to schedule A, which is attached to the ordinance codified herein and on file in the city office. (Ord. 2002-05-004, 5-16-2002; amd. 2003 Code)
4. If a female animal and her litter are transferred to one person, a sterilization deposit is required only for the female animal.
5. All sterilization deposits forfeited or unclaimed under this section shall be retained by the animal shelter and shall be used by the animal shelter only for:
a. A program to sterilize animals, which may include a sliding scale fee program;
b. A public education program to reduce and prevent overpopulation of animals and the related costs to the city;
c. A follow up program to assure that animals transferred by the animal shelter are sterilized in accordance with the agreement; and
d. Any additional costs incurred by the animal shelter in the administration of the requirements of this section.
D. Failure To Comply With Agreement: If a recipient or claimant fails to comply with the agreement:
1. The failure is grounds for seizure and impoundment of the animal by the animal shelter;
2. The recipient relinquishes all ownership rights regarding the animal and any claim to expenses incurred in maintenance and care of the animal; and
3. The recipient forfeits the sterilization deposit.
E. Deposit; When Required For Redemption By Claimant:
1. Upon the second impound within a twelve (12) month period and upon any subsequent impound of an animal that is claimed by its owner, an animal shelter may release the impounded animal to its owner only upon payment of all impound fees required by the shelter; and:
a. Receipt of proof the animal has been sterilized; or
b. A sterilization deposit.
2. The sterilization deposit shall be refunded to the claimant only if the claimant provides proof of sterilization to the animal shelter within thirty (30) days of release of the animal to the claimant.
F. Penalty; Appeal:
1.
a. A person who knowingly commits any of the violations in subsection F2 of this section is subject to a civil penalty of not less than two hundred fifty dollars ($250.00) on a first violation of subsection F2 of this section, and a civil penalty of not less than five hundred dollars ($500.00) on any second or subsequent violation of subsection F2 of this section.
b. The supervisor of the animal shelter imposes the civil penalties under this section.
2. A person is subject to the civil penalties under subsection F1a of this section who:
a. Falsifies any proof of sterilization submitted for the purpose of compliance with this section;
b. Provides to the animal shelter or a licensed veterinarian inaccurate information regarding ownership of any animal required to be submitted for sterilization under this section;
c. Submits to the animal shelter false information regarding sterilization fees or fee schedules; or
d. Issues a check for insufficient funds for any sterilization deposit required of the person or claimant under this section.
3. Any person or claimant who contests a civil penalty imposed under this section may appeal by filing a notice of appeal with the city recorder’s office within ten (10) days of the imposition of the penalty. The notice of appeal shall contain the person’s or claimant’s name, mailing address, daytime telephone number, and the relief sought. Upon receipt of the notice of appeal, the appeal officer shall conduct a hearing within five (5) working days following receipt of the notice of appeal, unless an extension is requested by the person or claimant. At the hearing, the appeal officer shall allow the animal control officer and the person or claimant, or a representative of either, to present any relevant evidence, including reliable hearsay evidence, and shall then, based on the evidence presented, affirm, modify or overturn the imposition of penalty.
4. The city council shall appoint an appeal officer to hear a notice of appeal from imposition of penalty.
5. All penalties collected under this section shall be retained by the animal shelter to be used solely for the purposes under subsection C5 of this section. (Ord. 2002-05-004, 5-16-2002)