Can an Animal Shelter Require My Dog to Be Neutered Before Returning Him in Georgia?

Question

In the state of Georgia, does an animal shelter have the right to neuter my dog if I do not want him to be neutered? My dog got out one day and was taken to the animal shelter. They told me that he has to be neutered before I can get him back.

Answer

Local laws should be reviewed. Several municipalities in Georgia (and elsewhere) have enacted ordinances which require dogs and cats to be spayed/neutered prior to release from animal shelters to their “parents,” although some of these ordinances require spaying/neutering prior to such release only for the second or subsequent impoundment. For example, Athens-Clarke County, GA Code states, in part: “No dog or cat shall be released to its owner by the Animal Services Department more than once unless, prior to release, it is sexually sterilized at the owner's expense …” There are exceptions, such as when a veterinarian determines that there is a high likelihood that spaying/neutering will cause the dog or cat to “suffer serious bodily harm or death due to age or specified infirmity…”

Also important to note is that several municipalities in Georgia (and elsewhere) have enacted laws which provide that no person shall possess a dog or cat who is over a specified age (usually four or six months) unless such animal is spayed or neutered. Again, there are exceptions, such as for health reasons and for people who possess a breeder permit.