Deltona, Florida

Sec. 14-238. – Mandatory spay and neuter.

(a) Purpose. The city has determined that the unintended or uncontrolled breeding of dogs and cats within the county 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) Spaying, neutering of dogs and cats.

(1) Requirement. No person may harbor a dog or cat six months of age or older within the city that has not been spayed or neutered unless such person holds an unaltered animal permit for each unaltered dog or cat, or 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 of the following is satisfied:

1. 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 bona fide registry and meets one of the following requirements:

2. Medical fitness. A veterinarian licensed in the state 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 30 days.

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

4. Service animals. A dog or cat that is a service animal or is part of a bona fide service animal breeding program.

5. Breeders. The owner demonstrates to the animal control division proof of a breeding contract for a dog or cat, membership in a bona fide 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 365 days.

6. 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 bona fide national, state or local hunting or herding dog association. Alternatively, the owner of the dog signs a statement under oath attesting that the dog is used, trained, or will be trained to be a hunting or herding dog.

b. None of the aforementioned qualifications shall be construed to authorize the breeding or harboring of dogs or cats in violation of the Land Use and Development Code of the City of Deltona or exempt the owner or his dog or cat from any other provision of this chapter.

c. 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 30 days of the dog or cat becoming six months of age. or, in the case of an owner whom acquired a dog or cat after it became six months of age, then within, 30 days of acquisition.

d. 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 city. This requirement shall not apply to hunting or herding dogs.

(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 temporarily harbored within the city for less than 120 days within any calendar year.

b. The dog or cat is being harbored by a lawful humane society/animal shelter under the provisions of the city, 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 requirements of F.S. § 823.15, are satisfied.

c. Any animal that qualifies for unaltered animal permit, as provided in (2) above.