(a) It shall be unlawful for any pound, shelter, humane organization, or animal rescue group to release any dog or cat which has not been sterilized to a new owner except as provided in subsection (b) of this section.
(b) (1) In any county in the state, it shall be unlawful for any pound, shelter, humane organization, or animal rescue group to release to a new owner any dog or cat over three (3) months of age which has not been sterilized except as provided in subdivision (b)(2) of this section.
(2) (A) An animal which in the opinion of a veterinarian licensed to practice veterinary medicine in the State of Arkansas is medically compromised to the extent that it cannot withstand immediate sterilization may be temporarily released pursuant to a foster care agreement until such time as it can safely be sterilized or until two (2) veterinarians licensed to practice veterinary medicine in the State of Arkansas certify that it is unlikely that the animal will ever recover to the extent that it can be safely sterilized.
(B) (i) At that time, ownership of the animal may be transferred to an owner who certifies that the animal will not be used for breeding.
(ii) An owner who violates the agreement shall be subject to the penalties set forth in subsection (c) of this section.
(c) Violations of this section are declared to be misdemeanors punishable by a fine of not less than one hundred dollars ($100) nor more than five hundred dollars ($500).
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