Pet Spay/Neuter laws

[LauraLW]

Texas:

Three months ago I adopted a kitten, and signed a contract agreeing to have it sterilized one month later. The contract signed said the kitten was female, and nine months old. When I brought it to the vet one week later, I was told the kitten was male, and only about four-five months old. This is significant because according to the law in this state, male kittens adopted as pets do not need to be sterilized until eight months of age. In any case, the kitten had a bad cold and was both too young and too sick(according to the vet) to neuter at that time. I received no contact from the animal shelter at any point, and even if the sex of the kitten was wrong, it wasn't important enough for me to address.

Anyway, one month later(just after the deadline), the kitten was well enough to operate on, and just barely old enough to neuter without any issues. I made an appointment, and he was sterilized, about one month after the day specified by the contract. When the vet called the shelter to verify that they would still pay the expired voucher to have the cat neutered, they agreed- but they also informed me that they would issue a citation for failure to neuter the cat by the deadline. This is a class C misdemeanor.

So, given that both the age and sex of the kitten was wrong, and that I had a sick kitten to take care of immediately after adoption, I believe I acted in good faith in having the animal neutered as soon as it was possible and reasonable to do so. I am not in violation of the law, and had the shelter been following the law as written, the contract should have allowed me more time to neuter the kitten. What legal recourse do I have, and am I likely to have to pay whatever fine associated with the citation?

 

[Zigner]

What did the management at the shelter say when you discussed this with them in person?

 

[xylene]

Wow, that's insane bureaucracy

BTW you have a ROCK SOLID defense of medical necessity to the charges.

 

[Just Blue]

Texas:

Three months ago I adopted a kitten, and signed a contract agreeing to have it sterilized one month later. The contract signed said the kitten was female, and nine months old. When I brought it to the vet one week later, I was told the kitten was male, and only about four-five months old. This is significant because according to the law in this state, male kittens adopted as pets do not need to be sterilized until eight months of age. In any case, the kitten had a bad cold and was both too young and too sick(according to the vet) to neuter at that time. I received no contact from the animal shelter at any point, and even if the sex of the kitten was wrong, it wasn't important enough for me to address.

Anyway, one month later(just after the deadline), the kitten was well enough to operate on, and just barely old enough to neuter without any issues. I made an appointment, and he was sterilized, about one month after the day specified by the contract. When the vet called the shelter to verify that they would still pay the expired voucher to have the cat neutered, they agreed- but they also informed me that they would issue a citation for failure to neuter the cat by the deadline. This is a class C misdemeanor.

So, given that both the age and sex of the kitten was wrong, and that I had a sick kitten to take care of immediately after adoption, I believe I acted in good faith in having the animal neutered as soon as it was possible and reasonable to do so. I am not in violation of the law, and had the shelter been following the law as written, the contract should have allowed me more time to neuter the kitten. What legal recourse do I have, and am I likely to have to pay whatever fine associated with the citation?

Did you bother lifting the tail of the kitten before adopting?

 

[Just Blue]

Wow, that's insane bureaucracy

BTW you have a ROCK SOLID defense of medical necessity to the charges.

Please reread the opening post. Thank You.

 

[Zigner]

Did you bother lifting the tail of the kitten before adopting?

Wow, that's a bit obtrusive and creepy, isn't it? Doesn't a kitten have a right to privacy?

 

[Zigner]

Please reread the opening post. Thank You.

I believe xylene is correct. The OP has been threatened with a misdemeanor for not doing something that would have run counter to medical (vet) advice as well as state law (if the OP is correct about the law for male kittens.)

 

[xylene]

Did you bother lifting the tail of the kitten before adopting?

It can be ambiguous, especially with a cat that is very small and underdeveloped.

 

[Just Blue]

Wow, that's a bit obtrusive and creepy, isn't it? Doesn't a kitten have a right to privacy?

Sadly no. Until the ACLU says so.

OP is either lying or an idiot. Because how on earth can anyone with half a brain not know a 9 month old female cat to a male? Perhaps a 9 DAY old kitten can not be ....identified. Perhaps the new year balls didn't drop yet.

 

[adjusterjack]

even if the sex of the kitten was wrong, it wasn't important enough for me to address.

That's why people get themselves into trouble. They don't do what they are supposed to do WHEN they are supposed to do it. You should have put the agency on written notice of the situation as soon as you figured out what happened.

What legal recourse do I have, and am I likely to have to pay whatever fine associated with the citation?

When and if you get served with a citation there is likely a process whereby you can plead not guilty, get a hearing, and bring your documentation, and the kitten if necessary.

 

[Just Blue]

I believe xylene is correct. The OP has been threatened with a misdemeanor for not doing something that would have run counter to medical (vet) advice as well as state law (if the OP is correct about the law for male kittens.)

I just think OP is a troll. Or I hope that there is not a human that is that dumb.

 

[Shadowbunny]

Did you elevate this to the supervisor(s) of the shelter? And is this a county shelter? If so, the supervisor at the shelter has a boss. I would be providing proof of the gender mix-up along with a note from the vet through their chain of command. Surely someone will let common sense prevail.

 

[LauraLW]

I just think OP is a troll. Or I hope that there is not a human that is that dumb.

I'll assume this is a sincere question, but I believe this is the only time I will respond to you, given how rude you're being: No, I'm not a troll, I don't know why you would think so. Yes, I checked his tail-end, and I thought it was a male. But when I was informed it was female, I figured the shelter knew better than me. I don't routinely sex kittens and it's been a long time since I've had a cat this young. Also, yes, his balls hadn't dropped yet, which was why the vet said he was too young. As for the age- again, I've not had cats this young in a while. He seemed about half the size of a full-grown cat, which can be anywhere from 5-9 months, depending on the breed. His teeth were what determined his age.

 

[LauraLW]

Did you elevate this to the supervisor(s) of the shelter? And is this a county shelter? If so, the supervisor at the shelter has a boss. I would be providing proof of the gender mix-up along with a note from the vet through their chain of command. Surely someone will let common sense prevail.

I spoke to the supervisor/Animal services manager, yes, she's the one who said they would be issuing the citation. From what I've(now) read about them online, this is a common practice from them, particularly the supervisor in question. As far as I can tell, it's a city shelter for the city I live in.

 

[LauraLW]

That's why people get themselves into trouble. They don't do what they are supposed to do WHEN they are supposed to do it. You should have put the agency on written notice of the situation as soon as you figured out what happened.



When and if you get served with a citation there is likely a process whereby you can plead not guilty, get a hearing, and bring your documentation, and the kitten if necessary.

If only. I've adopted many pets over the years, and I've never had anything like this happen before. It didn't occur to me, as there was a lot else going on at the time.

Ok, thanks