THIS AGREEMENT pursuant to Mass. G.L. c. 140, Section 139A is entered into between
______(hereinafter the “Shelter”)
and
______(hereinafter the “Owner”) living at
name of adopter
______
address of adopter
for and in consideration of the release by Shelter to Owner of ______
description and name of animal
(hereinafter the “Dog” or “Cat”) for adoption without having been spayed/neutered, Owner hereby deposits with Shelter the sum of ______(the “Deposit”).
must be at least $40
The Deposit may be used by the Shelter to have Dog or Cat spayed/neutered by a licensed veterinarian; alternatively Owner may arrange to have Dog or Cat spayed/neutered by a licensed veterinarian of his choice, in which case Shelter will return the Deposit to Owner upon receipt of a writing from the veterinarian or clinic so chosen that Dog or Cat has been spayed/neutered by a licensed veterinarian.
Notwithstanding the foregoing, if Dog or Cat has not been spayed/neutered within sixty days from the date hereof [or within sixty days after reaching the age of six months on this date: ______] the Deposit shall be deemed unclaimed and shall not be returned to Owner.
Owner further acknowledges that if Dog or Cat is not spayed/neutered in accordance with this Agreement, he will be liable to such fines as may be fixed from time to time by the Department of Agricultural Resources and may also be required through judicial action to relinquish ownership of Dog or Cat.
Owner further acknowledges that s/he has received and read the attached statute.
SIGNED this day of , 20__. ______
FULL TEXT OF STATUTE
Chapter 140: Section 139A. Shelters; sale or gift of dog or cat not spayed or neutered
Section 139A. No shelter shall sell or give away any dog or cat that has not been spayed or neutered, unless a written agreement is entered into and a deposit of not less than $40 for spaying or neutering such dog or cat has been tendered to the shelter. The shelter may make appropriate arrangements for the spaying or neutering of such dog or cat by a licensed veterinarian, or may return the deposit to the person purchasing or receiving the dog or cat upon presentation of a written statement or receipt from a veterinarian or clinic that the dog or cat has been spayed or neutered by a licensed veterinarian.
Any dog or cat six months of age or older at the time it is sold or given away by the shelter shall be so spayed or neutered within sixty days, or the deposit shall be deemed unclaimed. Any dog or cat under six months of age at the time it is sold or given away by the shelter shall be so spayed or neutered within sixty days after reaching six months of age, or the deposit shall be deemed unclaimed.
Any deposit not claimed under this section shall be used only for the following purposes:
(1) a public education program to prevent overpopulation of dogs or cats;
(2) a program to spay or neuter dogs or cats;
(3) a follow up program to assure that animals sold or given away by the shelter are spayed or neutered; or
(4) costs incurred under this section.
A shelter may enter into a cooperative agreement with another shelter and with a veterinarian in carrying out the provisions of this section.
The commissioner may set fines for violations and may further establish regulations to ensure compliance with this section. Additionally, an animal control officer, an officer licensed under section 57 of chapter 22C, a police officer or the owner, director or a duly authorized agent of an animal shelter from which an animal was obtained may bring a petition in the district court within the judicial district of which the dog or cat is owned or kept for an action of forfeiture and relinquishment of ownership. Legal fees or court costs incurred in the enforcement of this section shall be the responsibility of the owner of the animal.
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