NRS574.655. Notification of sterilization to releasing agency; exceptions; effect of failure to comply.

      1.  Except as otherwise provided in subsection 2, a new owner who signs an agreement for sterilization and receives an unsterilized pet from a releasing agency shall:

      (a) Have that pet sterilized on or before the date specified in the agreement for sterilization; and

      (b) Submit to the releasing agency, on or before the date by which notification is required in the agreement for sterilization:

             (1) A letter signed by a veterinarian:

                   (I) Verifying that the pet has been sterilized;

                   (II) Stating the date on which the pet was sterilized; and

                   (III) Providing a physical description of the pet; and

             (2) A bill or receipt from the veterinarian verifying that the pet has been sterilized.

      2.  A new owner shall be deemed to have complied with the provisions of subsection 1 if the new owner submits to the releasing agency, on or before the date by which notification is required in the agreement for sterilization, a signed affidavit in which the new owner sets forth a compelling reason why he or she is unable to have the pet sterilized, including, without limitation, that the pet has been lost or stolen. For the purposes of this subsection, financial hardship or the negligent or willful failure of the new owner to have the pet sterilized does not constitute a compelling reason.

      3.  A releasing agency shall refund to a new owner the deposit paid pursuant to NRS 574.640 within 15 days after receipt of the letter and the bill or receipt required pursuant to subsection 1 or the affidavit required pursuant to subsection 2.

      4.  If a new owner fails to comply with subsection 1 or 2, the releasing agency:

      (a) Shall retain the deposit paid by the new owner;

      (b) May bring an action against the new owner in the Justice Court in whose jurisdiction the releasing agency is located to enforce the clause included in the agreement for sterilization pursuant to paragraph (i) of subsection 1 of NRS 574.645; and

      (c) May require the new owner to return the pet to the releasing agency pursuant to the clause included in the agreement for sterilization pursuant to paragraph (j) of subsection 1 of NRS 574.645. The releasing agency must notify the new owner in writing of its intent to enforce the clause included in the agreement pursuant to paragraph (j) of subsection 1 of NRS 574.645.

      (Added to NRS by 1997, 2556)