(a) Effective on June 29, 2006, it shall be mandatory for all cats and/or dogs of reproductive age to be spayed or neutered and inoculated for rabies prior to adoption from any of the following:

(1) A private animal welfare or rescue agency/group or organization;

(2) Any adoption clinic endorsed, operated, managed, or sponsored by an animal welfare or rescue agency, organizations, commercial enterprises or private parties or combination thereof; or

(3) An animal shelter as defined herein.

(b) Exceptions to the preadoption spay/neuter and rabies inoculation mandate shall be limited to the following:

(1) An animal which, following a medical examination by an accredited veterinarian, is found to be in a state of health which would preclude the safe and humane implementation of a spay/neuter procedure or rabies inoculation; or

(2) A dog or cat under the age of 6 months provided that:

a. The adopter shall post a deposit of $75; and

b. In the absence of an exemption as provided in paragraph (b)(1) of this section above, said deposit shall be held by the adopting agency until such time as:

1. Said deposit is rebated to the adopter upon proof that the spay/neuter procedures has been completed within 5 months of the date of adoption; and

2. The animal has received a rabies inoculation in accordance with the existing laws governing rabies inoculations and such inoculation was not postponed beyond the seventh month of age; or

3. The deposit is disbursed subject to and in accordance with the procedures elaborated in § 3017F(c) of this title below.

75 Del. Laws, c. 326, § 1; 79 Del. Laws, c. 377, § 2; 81 Del. Laws, c. 224, § 2.