After a county shelter released a dog or cat under a written sterilization agreement, did the county have to police the adopter’s compliance?

Plain-English summary

Cherokee County asked in 2009 whether its animal shelter remained responsible after releasing a dog or cat under a written agreement requiring the acquirer to have the animal sterilized. The South Carolina Attorney General concluded that the county had no further responsibility or liability once the animal was released under that agreement, including no duty to ensure the acquirer later complied.

The quoted statute allowed a shelter to arrange sterilization before release or to obtain a written agreement guaranteeing sterilization by a licensed veterinarian within the statutory period. Another subsection required the acquiring person to submit a veterinarian’s signed confirmation after sterilization. The opinion located later compliance responsibility with that person and pointed to statutory forfeiture and damages for noncompliance.

Currency note

This opinion was issued in 2009. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Did the county shelter have to verify that sterilization occurred after release? A: The Attorney General said no further county duty to ensure compliance remained when the animal was released under the statutory written agreement.

Q: Who had to provide proof after the procedure?
A: The opinion quoted the requirement that the person acquiring an unsterilized animal submit a signed veterinarian’s statement after sterilization.

Q: What happened under the 2009 statute if the acquirer failed to comply? A: The opinion quoted forfeiture of ownership and liquidated damages payable to the shelter or similar organization, in addition to other available remedies.

Background and statutory framework

The question arose from Cherokee County’s operation of an animal shelter and possible use of written sterilization agreements. The Attorney General read S.C. Code Ann. § 47-3-480(A)(2) with the confirmation duty in S.C. Code Ann. § 47-3-480(D) and the noncompliance consequences in § 47-3-490. The letter dealt with responsibility after release under that specific statutory arrangement.

Citations and references

Statutes discussed: S.C. Code Ann. § 47-3-480(A)(2), S.C. Code Ann. § 47-3-480(D), and § 47-3-490.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/july-10-2009-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/2011/03/mathis-j-l-os-8820-7-10-09-cherokee-county-animal-shelter.pdf

Original opinion text

H ENRY M CM ASTER
AITORNEY G ENERAL

July 10, 2009

Joseph L. Mathis, Esquire
Cherokee County General Counsel
210 South Limestone Street, Suite 1
Gaffney, South Carolina 29340-3014
Dear Mr. Mathis:

1n a letter to this office you indicated that Cherokee County operates an animal shelter and there have been discussions regarding an agreement pursuant to S.C. Code Ann. § 47-3-480(A)(2). That provision states that (A) [a] public or private animal·shelter, animal control agency operated by a political subdivision of this State, humane society, or public or private animal refuge shall make provisions for the sterilization of all dogs or cats acquired from the shelter, agency, society, or refuge by: (1) providing sterilization by a licensed veterinarian before relinquishing custody of the animal; or (2) entering into a written agreement with the person acquiring the animal guaranteeing that sterilization will be performed by a licensed veterinarian within thirty days after acquisition of a sexually mature animal or no later than six months of age except upon a written statement issued by a licensed veterinarian stating that such surgery would threaten the life of the animal. You have questioned to what extent, if any, does the County remain involved or responsible if an agreement is made pursuant to Section 47-3-480(A)(2)? In other words, do the provisions of that section which allow an agreement to be made, relieve the County of all responsibility and liability once the animals are released to an agency or person through an agreement entered pursuant to that provision? Additionally, you question whether if the County is relieved at the point of release

REMBERT C. D ENNIS B uu.o L"IG

•

Posr O FFICE Box 11 549 •

COLUMBIA, SC 29211- 1549

• TeLEPHONB 803-734-3970 •

FACSIMll.E! 803-253-6283

Mr. Mathis
Page2
July 10, 2009

pursuant to such an agreement, does the County have any further responsibility to insure compliance with Section 47-3-480(A)(2) or S.C. Code Ann. § 47-3-480(D) by the person or agency acquiring the animals? The latter provision states that
[a] person acquiring an animal from a shelter, an agency, a society, or arefuge which is not sterile at the time of acquisition shall submit to the shelter, agency, society, or refuge a signed statement from the licensed veterinarian performing the sterilization required by subsection (A) within seven days after sterilization attesting that the sterilization has been performed. In the opinion of this office, the provisions of Section 47-3-480(A)(2) in allowing an agreement to be made with the person acquiring the animal which guarantees sterilization will be performed within the specified time limit relieves the County of all responsibility and liability once the animal is released. Support for such construction is found in the provisions of S.C. Code Ann.
§ 47-3-490 which state that
[a] person who fails to comply with Section 47-3-480(A)(2) or 47-3-480(D) must forfeit ownership of the dog(s) or cat(s) acquired from the shelter, agency, society, or refuge which adopted the animal to the owner. In addition to forfeiting ownership, the person who acquired the animal must pay to the shelter, agency, society, or refuge the sum of $200.00 as liquidated damages. Such remedies shall be in addition to any other legal or equitable remedies as may be available to the shelter, agency, society, or refuge for breach of the written agreement as provided for in Section 47-3-480(A)(2) or failure to comply with Section 47-3-480(D). Such construction is consistent with a prior opinion of this office dated June 23, 2009, a copy of which is enclosed, dealing with the release of animals to a Humane Society. You further questioned whether if the County is relieved at the point of release pursuant to such an agreement, does the County have any further responsibility to insure compliance with Section 47-3-480(A)(2) or S.C. Code Ann. § 47-3-480(D) by the person or agency acquiring the animals? Based upon review of the provisions ofS.C. Code Ann.§§ 47-3-470 et seq., in the opinion of this office, the County would not have any further responsibility to insure compliance with the referenced statutes. In the opinion of this office, the statutory requirements of a written agreement by the person acquiring the animal guaranteeing sterilization, as set forth in Section 47-3-480(A)(2) and the requirement of subsection (D) of such provision requiring the submission of a signed statement from a veterinarian performing the sterilization, in addition to the penalty of Section 4 7-3490 for failure to comply, would appear to absolve the County of any further responsibility to insure compliance with the referenced provisions.

Mr. Mathis
Page 3
July 10, 2009

With kind regards, I am,
Very truly yours,
Henry McMaster
Attorney General

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By:

REVIEWED AND APPROVED BY:

Robert D. Cook
Deputy Attorney General

Charles H. Richardson
Senior Assistant Attorney General