§ 4-78. Mandatory spay and neuter.

(a)

Purpose. The city has determined that the unintended or uncontrolled breeding of dogs and cats within the city leads to many dogs, cats, puppies, and kittens being unwanted, becoming strays, suffering privation and death, being impounded and euthanized at great expense to the community, and constituting a public nuisance and public health hazard. It is, therefore, declared that every feasible means of reducing the number of unwanted dogs, cats, puppies, and kittens be encouraged.

(b)

Definitions.

Harbor means to own, keep, or provide care, shelter, protection, refuge, or nourishment to a dog or cat.

Microchip or electronic implantation means an electronic animal identification device (EAID).

Neuter means the medical procedure of removing the testes of a male dog or cat to render it incapable of breeding.

Owner means any person, firm, corporation, humane society, public or private nonprofit organization who harbors a dog or cat. If the person purporting to own a dog or cat is a minor, as defined by Florida Statutes, the minor's parent(s) or legal guardian shall be deemed the owner of the dog or cat for purposes of this chapter.

Service animal means a dog or cat meeting the definition of service animal in 287 C.F.R. § 36.104 and F.S. § 413.08(1)(d).

Spay means the medical procedure of removing the ovaries and uterus of a female dog or cat to render it incapable of breeding.

Unaltered shall mean an animal that has not been spayed or neutered.

(c)

Spaying, neutering of dogs and cats.

(1)

Requirement. No person may harbor a dog or cat six (6) months of age or older within the city limits that has not been spayed or neutered unless such person holds an unaltered animal permit for each unaltered dog or cat, unless the dog or cat is otherwise exempt under this section.

(2)

Unaltered animal permit.

a.

Qualifications. An owner of an unaltered dog or cat shall qualify for an unaltered animal permit if one (1) of the following is satisfied:

i.

Shows and competitions. The dog or cat is used to show, to compete or to breed, which is of a breed recognized by and registered with the American Kennel Club (AKC), United Kennel Club (UKC), American Dog Breeders Association (ADBA), Cat Fanciers' Association (CFA) or other registry approved by the animal control division and meets one (1) of the following requirements:

1.

The dog or cat has competed in at least one (1) show or sporting competition sanctioned by a national registry or approved by the animal control division, within the last three hundred sixty-five (365) days;

2.

The dog earned conformation, obedience, agility, carting, herding, hunting, protection, rally, sporting, working or other title from a purebred dog registry referenced above or other registry or dog sport association; or

3.

The owner of the dog or cat is a member of and the dog or cat is registered with a purebred dog breed club or cat fancier's association, approved by the animal control division, which maintains and enforces a code of ethics for dog or cat breeding that includes restrictions from breeding dogs or cats with genetic defects and life threatening health problems that commonly threaten the breed.

ii.

Medical fitness. A veterinarian licensed in the State of Florida certifies in writing that a dog or cat is medically unfit to undergo the required spay or neuter procedure because of a medical condition, including but not limited to age, would be substantially aggravated by the procedure or would likely result in the death of the dog or cat. The certification must state the date, if any, by which the dog or cat may be spayed or neutered. As soon as the medical condition that prevents a dog or cat from being spayed or neutered ceases to exist, it shall be the duty of the owner to have it spayed or neutered within thirty (30) days.

iii.

Law enforcement. The dog is currently used by a law enforcement agency for law enforcement purposes or is part of a recognized law enforcement animal breeding program.

iv.

Service animals. A dog or cat that is a service animal as defined in herein or is part of a recognized service animal breeding program approved by the animal control division.

v.

Breeders. The owner demonstrates to the animal control division proof of a stud contract for a particular dog or cat, membership in a national, state or local organization for the perpetuation of a given breed of dog or cat or proof of a litter produced by breeding of the dog or cat within the last three hundred sixty-five (365) days.

vi.

Hunting and herding dogs. The dog is currently used as or trained to be a hunting or herding dog and the dog is registered with a national, state or local hunting or herding dog association.

b.

Deadline. A dog or cat governed by this section shall be spayed or neutered by its owner or, if eligible, the owner shall obtain an unaltered animal permit within thirty (30) days of becoming six (6) months of age or, in the case of an owner whom acquired a dog or cat after it becoming six (6) months of age, thirty (30) days of acquisition.

c.

Microchipping. As a condition to obtaining an unaltered animal permit, an eligible dog or cat must be implanted with an identifying microchip and the owner must provide the microchip number to the animal control division.

d.

Place of residence. The address of the owner shall be presumed to be the residence of the dog or cat. All changes of address must be reported to the animal control division within thirty (30) calendar days following such change.

e.

Change in ownership. A permit holder shall notify the animal control division and the national registry applicable to the implanted microchip in writing of any change in ownership of a dog or cat within thirty (30) calendar days.

f.

Term of permit. An unaltered animal permit shall be valid for a period of one (1) year and must be renewed annually.

g.

Revocation. Upon receipt of information of violation of this section, the animal control officer may issue a notice of revocation to a permit holder. The notice of revocation shall provide a summary of the information of the violation and shall be sent by certified mail, return receipt requested, by hand delivery by a city police officer, code enforcement officer or animal control officer or upon posting of the property at the address listed in the permit application. Any request for hearing shall be filed by the permit holder with the animal control division within ten (10) days after the permit holder's receipt of said notice. The permit holder shall set forth the reasons why the permit holder believes the revocation would be an error. Failure to timely request a hearing shall render the revocation final. All hearings shall be conducted by the special master at the next regularly scheduled special master meeting that the request can be placed on the agenda after the receipt of a request for hearing. The original of the special master's written decision shall be filed with the animal control division, and copies shall be mailed to the permit holder.

h.

Penalty. Any person who violates any provision of this section is subject to the city's code enforcement procedures. These penalties shall not preclude the issuance of a notice of revocation to a holder of an unaltered animal permit for violations of this section. The city shall issue a citation for a violation of these regulations in the amount as established by resolution adopted by the city council. In the event the animal owner complies with these regulations within sixty (60) days of the citation and the animal owner has paid the fine, the city shall refund the fine paid upon satisfactory proof of compliance.

i.

None of the aforementioned qualifications shall be construed to authorize the breeding or harboring of dogs or cats in violation of the city's regulations or exempt the owner or his dog or cat from any other provision of this chapter.

(3)

Exemptions. A dog or cat that meets the following criteria shall be exempt from this section and not be required to obtain an unaltered animal permit:

a.

A dog or cat that is not owned by the occupant and is temporarily harbored on the property because guests visiting the occupant brought the animal or the occupant is caring for the dog or cat for a friend or relative who is on vacation who does not live within the city limits. The dog or cat cannot remain on the property for more than two (2) consecutive weeks during a calendar year and the occupant must have evidence that shows who is the owner of the animal.

b.

The dog or cat is being harbored by a lawful humane society/animal shelter under the provisions of the city's regulations, whether public or private, whose principal purpose is securing the adoption of dogs or cats or offering sanctuary for dogs or cats and certifies in writing to the animal control division that it does not engage in the breeding of dogs or cats, provided that the dog or cat is spayed or neutered prior to being placed for adoption or transferred by such organization in accordance with F.S. 823.15.

(Ord. No. 08-16, § 1, 9-8-08)