2005 Arizona Revised Statutes - Revised Statutes §11-1022  Sterilization of impounded dogs and cats; definition

A. A dog or cat shall not be released for adoption from a county, city or town pound or from an animal shelter unless one of the following applies:

1. The dog or cat has been first surgically spayed or neutered.

2. There is no veterinary facility capable of performing surgical sterilization within a twenty mile radius of the pound or shelter.

3. A veterinarian determines that a medical contraindication for surgery exists that reasonably requires postponement of the surgery until the surgery can be performed in a safe and humane manner.

B. If subsection A, paragraph 2 or 3 applies, the adopting party shall sign an agreement to have the dog or cat spayed or neutered by a veterinarian within thirty days or within fifteen days of a veterinarian's determination that surgical sterilization may be performed in a safe and humane manner and shall deposit with the pound or shelter an amount sufficient to ensure that the dog or cat will be sterilized.

C. If the adoption fee includes the cost of spaying or neutering, then no deposit is required. The amount of the deposit required by subsection B shall be determined by the pound or shelter to be comparable to the lowest fee charged by veterinarians in the county. The pound or shelter shall refund to the adopting party any monies deposited pursuant to the agreement if within the time provided in the agreement there is presented a written statement signed by a licensed veterinarian that the adopted dog or cat has been spayed or neutered.

D. Any deposit monies that are not refunded under subsection C shall be used only for the following purposes:

1. Spaying or neutering dogs and cats.

2. Public education to prevent overpopulation of dogs and cats.

3. Costs of confirming that adopted dogs and cats are spayed or neutered.

E. This section does not apply to a county or incorporated city or town that adopts an ordinance or resolution for dog and cat sterilization that exceeds the requirements of this section.

F. For the purposes of this section, "animal shelter" means a duly incorporated humane society, animal welfare society, society for the prevention of cruelty to animals or other nonprofit corporate organization devoted to the welfare, protection and humane treatment of animals.