Full Statute Name:  West's Annotated Indiana Code. Title 15. Agriculture and Animals. Article 20. Animal Control. Chapter 4. Spay-Neuter Requirement for Animal Care Facilities

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Primary Citation:  IC 15-20-4-1 - 5 Country of Origin:  United States Last Checked:  November, 2018 Alternate Citation:  IN ST 15-20-4-1 - 5 Date Adopted:  2016
Summary: This Indiana chapter added in 2016 concerns the spay-neuter requirements for animal care facilities. Beginning July 1, 2021, except as provided in this chapter, a companion animal shall be spayed or neutered before adoption from an animal care facility.

15-20-4-1 “Animal care facility” defined

15-20-4-2 “Companion animal” defined

15-20-4-3 Requirement to spay or neuter companion animals before adoption

15-20-4-4 Spay or neuter exemption; conditions

15-20-4-5 Deposit; allocation; remittance of forfeited deposits to bureau of motor vehicles

 



15-20-4-1 “Animal care facility” defined

Sec. 1. As used in this chapter, “animal care facility” refers to an animal care facility (as defined in IC 6-9-39-1) that has companion animals that are available for adoption. The term includes the following:

(1) Governmental and private entities.

(2) Animal rescues.

Credits
As added by P.L.201-2016, SEC.3, eff. July 1, 2016.

 

15-20-4-2 “Companion animal” defined

Sec. 2. As used in this chapter, “companion animal” means a dog or a cat.

Credits
As added by P.L.201-2016, SEC.3, eff. July 1, 2016.

 

15-20-4-3 Requirement to spay or neuter companion animals before adoption

Sec. 3. Beginning July 1, 2021, except as provided in section 4 of this chapter, a companion animal shall be spayed or neutered before adoption from an animal care facility.

Credits
As added by P.L.201-2016, SEC.3, eff. July 1, 2016.

 

15-20-4-4 Spay or neuter exemption; conditions

Sec. 4. (a) A companion animal may be exempted from the requirements of section 3 of this chapter if a veterinarian (as defined in IC 15-17-2-102) determines, following an examination, that the companion animal:

(1) has a permanent health condition that precludes safe administration of a spay-neuter procedure;

(2) has a health condition that precludes safe administration of a spay-neuter procedure, but:

(A) the veterinarian determines that the health condition is not permanent and can be treated to allow for safe administration of a spay-neuter procedure not more than one hundred twenty (120) days after the date of the examination; and

(B) a deposit of seventy-five dollars ($75) is made to the animal care facility before adoption; or

(3) is less than six (6) months of age on the date of the examination and:

(A) the veterinarian determines that the companion animal cannot be safely spayed or neutered due to the age of the animal; and

(B) a deposit of seventy-five dollars ($75) is made to the animal care facility before adoption.

(b) In addition, a companion animal may be exempted from the requirements of section 3 of this chapter if:

(1) the companion animal is less than six (6) months of age, but is at an age as determined by the animal care facility in consultation with a veterinarian (as defined in IC 15-17-2-102) at which the companion animal can be safely spayed or neutered; and

(2) a deposit of seventy-five dollars ($75) is made to the animal care facility before adoption.

Credits
As added by P.L.201-2016, SEC.3, eff. July 1, 2016.

 

15-20-4-5 Deposit; allocation; remittance of forfeited deposits to bureau of motor vehicles

Sec. 5. (a) A deposit made under section 4(a)(2)(B), 4(a)(3)(B), or 4(b)(2) of this chapter shall be held by the animal care facility in a separate account. The deposit shall be:

(1) returned to the depositor not later than one hundred twenty (120) days after the date of receipt of the deposit by the animal care facility if proof is given that a spay-neuter procedure has been completed on the companion animal; or

(2) forfeited after one hundred twenty (120) days after the date of receipt of the deposit by the animal care facility, if proof is not given under subdivision (1).

(b) If a deposit is forfeited under subsection (a)(2), the animal care facility holding the deposit shall remit the forfeited deposit amount to the bureau of motor vehicles within a reasonable time. The bureau of motor vehicles shall deposit any amounts received under this section in a trust fund established under IC 9-18.5-12-14(f), for a special group that provides spay-neuter services.

Credits
As added by P.L.201-2016, SEC.3, eff. July 1, 2016. Amended by P.L.198-2016, SEC.647, eff. July 1, 2016.


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