Westfield, Indiana

Sec. 10-2. – Definitions.

Backyard breeders are defined as:

(1) Individuals who allow for the careless home breeding of more than one female dog at a time;

(2) Individuals with less than 20 unaltered female dogs that are at least 12 months of age, that do not adhere to good breeding and sale practices or do not provide dogs and/or puppies adequate care as defined in this chapter;

(3) Individuals who sell un-weaned (under eight weeks old) and/or diseased puppies;

(4) Individuals who breed more than one female dog, for commercial reasons, that have not obtained a breeder’s permit from the Hamilton County Sheriff’s Office;

(5) This definition does not apply to humane societies, rescue groups, or foster homes.

Sec. 10-22. – Mandatory sterilization of dogs and cats; exceptions; breeder’s permit.

(a) Each dog and cat over the age of six months which is kept in the city shall be sterilized and rendered incapable of reproducing by a licensed veterinarian, with the following exceptions as long as the requirements noted herein are met:

(1) A free breeder’s permit has been secured according to the process noted in this section;

(2) Current pets are receiving adequate care, shelter, and veterinary care as defined in this chapter;

(3) The animal’s health or a special medical condition puts them at risk for complications due to surgery according to an authorized veterinarian;

(4) The owner is considered an approved breeder as defined in this chapter or has obtained the appropriate special use permit from the Hamilton County Zoning Board; or

(5) The owner has not surrendered an animal(s) to the Humane Society for Hamilton County or allowed an animal to run at large.

(b) A free breeder’s permit shall be obtained by the following individuals:

(1) Any person who intentionally causes or accidentally allows the breeding of a dog or cat they own.

(2) An approved breeder commercial animal establishment as defined in this chapter;

(3) Any person owning or having custody of a dog or cat which is older than six months of age, which has not been sterilized for any reason other than the exceptions noted herein.

(c) Such breeder’s permit shall:

(1) Allow the nonsterilization of animals owned by the permittee for one 12-month period after the date of issuance;

(2) Allow the nonsterilization of animals owned by the permittee for the life of the pet with the issuance of a letter from an authorized veterinarian stating the animal’s health or a special medical condition puts them at risk for complications due to surgery;

(3) Require the holder of the permit to furnish the division of animal control with information on the birth of each litter of dogs and cats as may be required by the division to register the litter and be assigned a letter number for each litter.

(d) The holder of a breeder’s permit shall:

(1) Transmit to the new owner or buyer the litter number of the animal acquired and the breeder’s permit number in order that the new owner has assurance and proof that the animal was legally bred;

(2) Immunize all dogs and cats offered for sale, trade, or other compensation or for free give away against the most common contagious diseases; for dogs against canine distemper, hepatitis, and parvovirus and for cats against feline rhinotracheitis, calicivirus, and panleukopenia;

(3) Not offer a puppy or kitten under the age of eight weeks for sale, trade or other compensation or for free giveaway; and

(4) Furnish a warrant of health for a period of not less than one week with the recommendation to have the animal examined by a licensed veterinarian for each animal sold, traded, or given away.

(e) Each breeder’s permit shall be obtained from the Hamilton County division of animal control or the Hamilton County Sheriff’s Office at no cost to the pet owner or approved breeder on an annual basis.

(f) Each holder of a valid breeder’s permit shall register additional litters with the Hamilton County division of animal control. Each additional litter registration shall comply with the same requirements as the original breeder’s permit. Failure to register each litter shall be considered a violation of this section and shall be punished by a fine of not less than $100.00 or more than $2,500.00.

Sec. 10-27 – Backyard breeders and puppy mills.

No person shall engage in, participate in, or assist with those activities defined as a backyard breeder or puppy mill in accordance with this chapter. A person violating this section may be fined up to $1,500.00 per occurrence.