Brevard County, Florida

Sec. 14-45. – Disposition of impounded animals.

(e) For the purposes of controlling pet overpopulation and ensuring all animals adopted from the animal control authority are sterilized in an expeditious manner, the animal control authority shall be considered the legal owner of: all stray dogs that remain in the shelter five days after intake/impound (i.e., on the sixth day sterilization may take place) unless positive, traceable ownership may be indicated by a registered microchip, county tag or private id tag; and, all stray cats, excluding feral cats, upon intake/impound unless positive, traceable ownership may be indicated by a registered microchip, county tag, other form of traceable permanent identification, or private identification tag. The animal control authority is hereby authorized to perform sterilization procedures on any animal anytime after it becomes property of the county. Such ownership provisions shall not affect the holding periods established in subsection 14-44(f).

Sec. 14-66. – Mandatory neutering of cats and dogs.

(a) All county-owned cats and dogs offered for adoption, sale or release from any animal shelter must be sterilized (spayed or neutered), by either:

(1) Providing sterilization by a licensed veterinarian before relinquishing custody of the animal; or

(2) Entering into a written agreement with the adopter or purchaser guaranteeing that sterilization will be performed within 30 days or prior to sexual maturity. The shelter or animal control authority shall require a sufficient deposit from the adopter or purchaser, which deposit shall be refundable upon presentation to the shelter or animal control authority of written evidence by the veterinarian performing the sterilization that the animal has been sterilized. The deposit or donation may be based upon recommended guidelines established by the Florida Federation of Humane Societies, and in the case of county owned shelters, shall be established by the board. Failure to comply with the provisions of this subsection shall be a noncriminal violation, punishable by civil penalty and forfeiture of the deposit or donation to the shelter or animal control authority. Any legal fees or court costs used for the enforcement of this subsection are the responsibility of the adopter. Upon the request of a licensed veterinarian, and for a valid reason, the shelter or animal control authority shall extend the time limit within which the animal must be sterilized. The deposit shall be forfeited after 31 days, and such funds shall be deposited in the spay neuter trust fund for sterilization programs.

(b) It is a violation of this article for any person to fail to comply with the provisions of this section.

Sec. 14-73. – Spay and neuter trust fund.

There is created the spay and neuter trust fund, a permanent trust fund of the county, into which shall be deposited monthly monies derived from the fees generated by difference between the costs for registering an altered animal versus the cost of registering an unaltered animal. There shall also be deposited into the spay and neuter trust fund any other monies which may be from time to time appropriated to this trust fund by the board, or monies, gifts, or donations donated by non-governmental sources. The monies deposited in this trust fund are to be appropriated by the director of the animal control authority or designee and shall be utilized and expended, solely for the education/promotion of sterilization and primarily for sterilization programs created and established in section 14-76. Monies deposited in this trust fund shall be available for expenditure notwithstanding fiscal years and shall not lapse at the end of any fiscal year. Expenditures from this trust fund shall not exceed actual revenues received at any time. The director of the county finance department is authorized and directed to make disbursements from this trust fund upon the written request of the director of the animal control authority, or designee, with respect to permitted expenditures. The animal control authority shall give to the county board of county commissioners an accounting of the disposition of the monies of this trust fund upon request of the board.

Sec. 14-74. – Education program.

(a) It is the intent of the county to provide a comprehensive education program for the public to educate all citizens in the proper care of animals, to promote the animal adoption program, to promote the sterilization of animals and to address other animal issues of general interest and concern to the citizens of the county. For that purpose, the county hereby establishes the education program as set forth in this section.

(b) The director of the animal control authority shall be responsible for the creation and administration of the education program, which will target both adults and children and will provide education and public awareness of animal issues such as: responsible pet health care; procedures for adoption of animals from the county; promoting the benefits of animal sterilization; avoiding nuisances; and other animal issues of general interest and concern to the citizens of the county.

(c) There shall be available to the animal control authority for this purpose an amount of money from the spay and neuter trust fund (the “trust fund”), created by section 14-73, of no more than 25 percent of the funds contained in the trust fund at the beginning of the fiscal year, and that are available for expenditure in this program. Any donations of monies, or in kind, by nongovernmental sources into the trust fund shall be subject to any specific conditions place upon their use by the donor.

Sec. 14-76. – Sterilization programs.

(a) It is the intent of the county to provide program(s) to promote the sterilization of companion animals as one of the important parts of a comprehensive program to reduce pet overpopulation and the growing intake by area pet shelters.

(b) The director of the animal control authority shall be responsible for the creation and administration of low cost sterilization programs for people with limited means who could not otherwise afford the procedure and any other programs that help reduce pet overpopulation and growing animal intake in area shelters. Such programs may include reimbursement rates for participating veterinarians based upon a fee schedule established by the director of the animal control authority that may be amended from time to time and shall be on file with the animal control authority. Funding for such programs shall come from the Spay/Neuter Trust Fund. The funds allocated shall be the difference in fees between registering sterilized animals versus non-sterilized animals.

(c) The director of the animal control authority is authorized to seek and accept grants, donations and other public and private funding to assist in the payment of sterilization programs.

Sec. 14-79. – Violation fee schedule.

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