West Virginia Code
1 - DEPARTMENT OF AGRICULTURE
1A - DIVISION OF FORESTRY
1B - SEDIMENT CONTROL DURING COMMER
1C - CARE OF LIVESTOCK
2 - MARKETING AGRICULTURAL PRODUCTS
2A - PUBLIC MARKETS
2B - INSPECTION OF MEAT AND POULTRY
2C - AUCTIONEERS
2D - IMITATION HONEY PRODUCT LAW
2E - HUMANE SLAUGHTER OF LIVESTOCK
2F - BEEF INDUSTRY SELF-IMPROVEMENT
2G - TREE FRUIT INDUSTRY SELF-IMPRO
2H - CAPTIVE CERVID FARMING ACT
3 - SALE OF FARM PRODUCTS BY COMMIS
4 - COOPERATIVE ASSOCIATIONS
5 - GRADING AND PACKING OF FRUITS A
5A - CONTROLLED ATMOSPHERE STORAGE
6 - DEMONSTRATION PACKINGHOUSES AND
7 - STATE AID FOR FAIRS
8 - COOPERATIVE EXTENSION WORKERS
9 - DISEASES AMONG DOMESTIC ANIMALS
9A - FEEDING OF UNTREATED GARBAGE T
10 - MALE BREEDING ANIMALS
10A - THE WEST VIRGINIA EGG MARKET
10B - LIVESTOCK DEALER'S LICENSING
11 - BULK MILK TRADE LAW
11A - DAIRY PRODUCTS AND IMITATION
11B - FROZEN DESSERTS AND IMITATIO
11C - SOUTHERN DAIRY COMPACT
11D - TRADITIONAL CHEESE PRODUCTIO
12 - INSECT PESTS, PLANT DISEASES
12A - LAND DIVISION
12B - INTERSTATE COMPACT ON PEST C
12C - INTERAGENCY COMMITTEE ON PES
12D - WEST VIRGINIA NOXIOUS WEED A
12E - INDUSTRIAL HEMP DEVELOPMENT
13 - INSPECTION AND PROTECTION OF
14 - WEST VIRGINIA COMMERCIAL FEED
15 - WEST VIRGINIA FERTILIZER LAW
15A - WEST VIRGINIA AGRICULTURAL L
16 - WEST VIRGINIA SEED LAW
16A - WEST VIRGINIA PESTICIDE CONT
16B - WEST VIRGINIA PESTICIDE USE
17 - FENCES
18 - GENERAL STOCK LAW
19 - PRESERVATION OF AGRICULTURAL
20 - DOGS AND CATS
20A - VACCINATION OF DOGS AND CATS
20B - SPAYING OR NEUTERING OF DOGS
19 - 20 B- 1
19 - 20 B- 2
19 - 20 B- 3
19 - 20 B- 4
19 - 20 B- 5
19 - 20 B- 6
20C - WEST VIRGINIA SPAY NEUTER AS
20D - PRIVATE CAUSE OF ACTION FOR
21 - DRAINAGE DISTRICTS
21A - CONSERVATION DISTRICTS
21B - WATERSHED IMPROVEMENT DISTRI
22 - VINEGARS
23 - HORSE AND DOG RACING
24 - INTERSTATE COMPACT ON LICENSU
25 - LIMITING LIABILITY OF LANDOWN
26 - GENERAL JOHN MCCAUSLAND MEMOR
27 - WEST VIRGINIA STATE FARM MUSE
28 - VITAMIN AND MINERAL ENRICHMEN
29 - PRODUCTION OF NONTRADITIONAL
30 - DONATED FOOD
31 - GUS R
32 - AQUACULTURE DEVELOPMENT
33 - EQUINE RESCUE FACILITIES ACT
34 - DANGEROUS WILD ANIMALS ACT
35 - FARMERS MARKETS
CHAPTER 19. AGRICULTURE.
ARTICLE 20B. SPAYING OR NEUTERING OF DOGS AND CATS.
This article may be cited as the "West Virginia Spay/Neuter Act."
(a) No person may adopt a dog or cat from an agency, including, but not limited to, an animal shelter, animal control agency or humane shelter operated by a municipality, county, or other governmental agency within the state, or a private organization operating a shelter from which animals are adopted or reclaimed, unless:
(1) The dog or cat has already been spayed or neutered;
(2) The dog or cat has been spayed or neutered by a licensed veterinarian while in the custody of the agency; or
(3) The new owner signs a written agreement with the agency stating that the new owner will have the dog or cat spayed or neutered by a licensed veterinarian:
(A) Within thirty days of the date of the adoption, if the dog or cat is sexually mature; or
(B) Within thirty days after the dog or cat reaches six months of age, if the dog or cat is not sexually mature at the time of the adoption.
(b) Any agency as set forth in subsection (a) of this section which has written policy of not permitting the adopted dog or cat from being released from the custody of the agency to the new owner until the dog or cat has been spayed or neutered, does not have to comply with the provisions of subdivision (3), subsection (a) of this section.
(c) Nothing in this section precludes the spaying or neutering of a sexually immature dog or cat at the discretion of a licensed veterinarian with the consent of the new owner.
(a) If the dog or cat being adopted has not been spayed or neutered, the agency may require a deposit of not more than $50 from the new owner prior to the adoption to ensure that the dog or cat is spayed or neutered. The new owner shall receive a refund of the deposit from the agency upon providing confirmation of the spaying or neutering.
(b) If the new owner fails to have the dog or cat spayed or neutered within the time frame established in section two of this article, or if the spaying or neutering is timely performed, but the new owner fails to request the return of the deposit within an additional thirty days after the date by which the spaying or neutering is required to be performed, the deposit shall be forfeited to the agency holding the deposit and shall be used by the agency to conduct programs to spay or neuter dogs and cats or to conduct educational programs in support of the spaying and neutering of dogs and cats.
If a person fails to comply with the provisions of this article, the agency may file a petition with a court of competent jurisdiction seeking compliance or requesting return of the dog or cat to the agency from which it was adopted.
A person failing to have a dog or cat spayed or neutered within the time frame established in section two of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than $150 nor more than $250.
Nothing in this article authorizes an agency to spay or neuter a dog or cat if the dog or cat is claimed by and returned to its lawful owner within five days of being taken into custody by the agency.