Intro to Spay Neuter Agreements
Spay neuter agreement contracts are documents whose intent is to protect the welfare of puppies and kittens. They are used to ensure that animals are altered—which from a public policy perspective, is a good idea (to limit pet overpopulation). Where they often fall short, however, is in actually protecting the animals themselves (and that’s not because animals are not read the agreements). Too often, spay neuter agreement contracts are relieved of these otherwise important protections by the good faith exception that is often applied to them .
The purpose of agreements like these is to protect the welfare of animals, and while contracts are not the best way to do this, there are ways to make them work for everyone’s benefit (both those acquiring the animals and those who are seeking to use these contracts). My view is that they should be used in an approach that seeks to prevent overpopulation (as best we can) without negatively impacting animal welfare. Through ongoing education, through direct and regular contact with the people who are entering into agreements, and through fostering relationships that will keep the contractual protections top-of-mind throughout the animal’s life, it is possible to avoid the pitfalls that are often associated with spay neuter agreement contracts.
Elements of a Spay Neuter Contract
The key components that are typically a part of a spay neuter contract are identification information regarding the animal and the owner, or possessor, of the animal. The law should also require spaying or neutering of the animal by a certain age. The law should allow the owner a certain amount of time in order to accomplish the spaying or neutering. If the spaying or neutering is not accomplished within a specific range of time then there should be a steep penalty.
Identification information: the contract should demand that the owner provide identifying information regarding animal in a manner that allows authorities to become aware that the animal is indeed spayed or neutered. The most common method of providing identification is via microchip, tattoo, or receipt from the veterinarian for sterilization (some laws allow for the photograph, collar tag information and rabies tag number in lieu of a receipt).
Spaying/neutering requirements: if the pet is already altered the statute should require proof of that alteration at the time of adoption. If the pet is required to be altered by a future date the statute should require that the altered pet be returned to the shelter or rescue group from whom the pet was obtained. The spaying or neutering can be accomplished by the shelter or rescue group or offered at a heavily subsidized price via a spay neuter certificate provided to the owner. The contract can include further penalties if the owner does not comply with the alteration demand, however, such penalties should be fair and not subject to abuse by the local agencies in charge of enforcing such laws.
Time in which to comply: the amount of time that is given to the owner to alter the animal will vary from jurisdiction to jurisdiction. This is also dependent on the condition of the animal at the moment of adoption. A strict time frame provides sufficient incentive to the owner/date of adoption to maintain the animal until it is altered, however, adopting agencies should offer assistance to owners who may need extra time in order to spay or neuter the animal.
Penalties for non-compliance: a reasonable fine should be assessed to anyone who fails to abide by their spay/neuter contract.
Spay neuter restrictions on dogs: restricting the use of dogs is an issue that is limited to only some jurisdictions. A common restriction is the prohibition against tethering dogs outdoors in unprotected or unsafe environments for extended periods of time.
Legal Repercussions for Violating the Contract
Cases arising out of the enforcement of the spay/neuter agreement contracts are in a relatively early stage. However, it is clear that there are a number of legal implications as well as some responses by the courts. From the standpoint of the rescue group or animal shelter, the issue of whether it has standing, that is, has legal ability to pursue a lawsuit against a person to enforce the contract has been explicitly ruled upon only in the State of Wisconsin. There are also some cases currently pending in the state of Pennsylvania and a case pending before the Virginia Court of Appeals.
Frequently, the issue is whether this type of a contract is legal and enforceable. Some cities such as New York have adopted local ordinances, which would make the provisions of these agreements lawful. In addition, many of the provisions of the regulations establishing the dog laws of the State of New Jersey and its counties specifically reference the spay/neuter requirements discussed in the prior section of this article. These laws were found to be valid by the Superior Court of New Jersey in the case of Eagle v. New Jersey Division of Fish & Wildlife, 580 A.2d 1242 (1990). On a more general level, the courts seem to uphold the principles espoused in these agreements, finding defendants liable for the violating their terms or for giving them away to a third person without the purchaser’s consent, or shipping them out of state.
More substantive issues involve the extent to which lawsuits may be brought to compel a purchaser to comply with the terms of the contract or to order the animal to be returned to the shelter for spaying or neutering. As an initial matter, the listing of the statute, ordinance, regulation or the contract itself, which requires the spay/neuter procedure to be done is the basis upon which these lawsuits might successfully be pursued. A further requirement is that the transaction be involved in interstate commerce or within a single state as those requirements are defined in the federal Animal Welfare Act.
In one case from 1998, the Court upheld a rescue’s right to bring an action for specific performance of the provisions of the agreement requiring that the Animal, purchased from the rescue by persons named, be spayed by a certain date.
In regard to civil damages or a remedy at law, the New Jersey Supreme Court has held that the owner of property may sue another person, who has intentionally interfered with another’s right to possess such property or to actually take away such possession. For the shelter or rescue organization or individual, bringing an action for actual damages would not be a common approach because a damage award would probably not be substantial enough to warrant such a lawsuit. However, the threat of legal action to enforce the terms of the agreement is likely to suffice to ensure compliance. The threat of such legal action is sufficient to ensure that the Agreed Animals will not escape or be abandoned and be subject to large live traps and death by euthanasia or by starving them to death.
Advantages of Spay Neuter Contracts to Animal Shelters
Benefits of Spay Neuter Agreements for Animal Shelters
In addition to being proffered as a means of inducing prospective adoptees’ commitment to their new pet prior to a later home visit, most shelters impose an agreement that the adopter will have the pet spayed. Some have gone so far as to require the adopter pay a refundable deposit that will be repaid by the shelter once proof of spaying has been provided. There are several compelling reasons why animal shelters or treatment facilities should adopt such procedures generally.
First, requiring an adopter to agree to spay a pet promotes the long-term welfare of the animal. The risks associated with sexual stimulation and subsequent pregnancy, the unwanted births associated therewith, and exposure to sexually transmitted diseases, are all avoided by the act of sterilization. Spaying a female pet significantly reduces the risk of mammary tumors, uterine/pelvic tumor and pyometra. In addition, it virtually eliminates the potential for pseudopregnancy, a condition that can also lead to infection and disease. Secondly, spaying females prevents the associated potentially costly behaviors of mothers asserting dominance and protecting newborns . It also eliminates the risk of "escape" behavior in pregnant females in search of a more suitable territory and mate.
Spaying male pets likewise has numerous benefits. Sterilized males are less likely to escape confinement, mark their new territory with urine or neighbors’ gardens and other prized possessions, and become victims of inter-male aggression and other injuries. They are less prone to sexually motivated aggression and possibly sexually-transmitted diseases. Importantly, male pets that have been neutered are not likely to develop testicular cancer.
A second benefit associated with keeping potentially dangerous animals off the streets is cost-savings. It is well established that, following successful spay-neuter campaigns speared by public service campaigns, euthanasia rates in shelters decrease. The United States Centers for Disease Control link higher numbers of unwanted cats and dogs to the rise in non-lethal animal control techniques. Most major cities, and many smaller ones, are overwhelmed by the amount of unwanted and abandoned pets and the financial costs (both monetary and intangible) required to deal with them.
How to Write a Spay Neuter Agreement
In order to ensure a spay neuter agreement is properly established, one crucial step is completing a spay neuter agreement form. This should include a contract that incorporates all relevant factors and outlines the rights and responsibilities of both the owner and the person or organization performing the spaying or neutering. When creating a spay neuter contract, the following considerations should be kept in mind:
- Contracting parties: The owner and the sprayer/neuterer should be specified.
- Pet identification: The contract should identify the animal that is going to be sterilised. It should be clear so that there is not an issue where the pet owner claims he/she did not understand which animal was covered under the contract.
- Owner rights and responsibilities: The owner must be obliged to fulfil certain responsibilities and the rights associated with pet ownership should be clearly defined and enforced.
- Sterilisation rights and responsibilities: The person holding the required license or permit to perform the sterilisation must also have the relevant rights and follow obligations.
- Date and location for spay neuter: The contract should be signed and dated by both the owner and the person performing the procedure. Both parties should have a copy of it.
In addition to these contractual requirements, a simple checklist of what needs to be done before, during and after the procedure should be part of the contract requirements so that the parties are aware of the process involved.
A spay neuter agreement should be specific in its requirements, however it should also enable some flexibility. Where necessary, specific legislation regarding animals should also be incorporated as needed when it comes to sterilisation requirements.
In order to enforce such an agreement these should be witnessed or signed in front of a commissioner of oaths, or a lawyer who understands the requisite requirements.
FAQs on Spay Neuter Contracts
You can find answers to commonly asked questions about spay neuter contracts below:
Q: Is a spay neuter agreement legally enforceable?
A: Yes. Most state statutes and local ordinances make it clear that privately businesses have the right to engage in a contract with adopters, which can be enforced. In certain states such as Pennsylvania, the law even provides for both criminal and civil penalties when someone adopts a pet and not spays and neuters the pet.
Q: How does a business know whether adopters will comply with a spay neuter agreement?
A: First, most responsible adopters are mostly likely to want to comply because they too want to ensure their pet does not contribute to pet overpopulation. Second, businesses are less likely to encounter deceptive adopters who try to evade a spay neuter agreement. Such adopters are more likely to adopt without any contractual obligation and evading an informal agreement is much easier than a formal one.
Q: Is it difficult for a business to enforce a spay neuter agreement?
A: No. Violations of spay neuter agreements vary from one state to another , but where breeders are allowed to enforce them, they provide for simple, summary enforcement. For example, Pennsylvania is one of a handful of states that recognizes this right by making failure to spay and neuter an enforceable violation of any sale or adoption agreement made between a current owner or caretaker of an animal and any entity proposing to adopt or purchase the animal.
Q: What if an adopter cannot afford to spay or neuter a pet immediately after adoption, how does the business enforce the agreement?
A: While not ideal, the contracts allow adopters a reasonable time in which to spay and neuter the pet. For example, the pet owner must comply with the spay neuter agreement within 90 days of the pet’s adoption. This gives people enough time to come up with the funds needed to take their pet to the veterinarian.