Edgewater, Florida

Sec. 5-20. – Female animals in heat.

An owner of a female animal in heat must be in compliance of section 5-37 (Mandatory spay and neuter) and have complied with the requirements to hold an unaltered animal permit for said female animal.

It shall be a violation of this chapter for the owner of any female animal in heat to fail to keep the animal confined in a building or secure enclosure, veterinary hospital or boarding kennel in such a manner that the female animal cannot come in contact with another animal except for controlled and intentional breeding purposes. Any female animal not confined as herein provided shall be impounded and shall not be redeemed during the period of heat. Such animal shall be redeemed in accordance with the provisions of section 5-41.

Sec. 5-20.1. – Attempting to breed.

An unsterilized male animal attempting to breed with a female in heat who is in compliance of section 5-20 (Female animals in heat) and section 5-37 (Mandatory spay and neuter), shall be found in violation of section 5-14 (Running at large prohibited), [and] section 5-37 (Mandatory spay and neuter) and shall also be in violation of this section.

Sec. 5-31. – License required.

Every person who owns a dog, cat, ferret or other animal over the age of four months within the city shall annually obtain a license for such animal from the city’s animal control division no later than January 1 of each year. Expiration date of the annual license is December 31. Any renewal notice may be placed in a newspaper of general circulation or newsletter that is distributed to all residents.

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(3) Proof of sterilization. Any owner claiming that his or her dog, cat, ferret or other animal has been spayed or neutered must present certification from a licensed veterinarian showing that such operation has been performed.

(4) Payment of license fee. A license fee shall be paid at the time of application. The license fee shall be established by resolution of the city council and shall provide for a reduced fee for sterilized animals.

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(7) Breeder permit. An owner must obtain an annual permit through city’s animal control division for:

a. An adult animal intended for breeding purposes.

b. Any premises that harbors more than one unaltered dog or cat over six months of age.

Sec. 5-32. – License tag and breeder permit tag.

(b) Breeder permit tag. Persons breeding animals shall register and be issued a separate breeder permit tag upon completion and approval of the breeder permit application process through animal control. Each breeder permit tag shall have a license identification number which corresponds to the number on the breeder permit. The color of the metallic breeder permit tag shall be different than that of the license tag. Breeder permit tags shall be valid for one year from the date of issuance and for only one animal.

Breeders will be required to obtain the appropriate business tax receipt from the city to operate business as a breeder.

Sec. 5-36. – Breeding facilities and kennels.

The owner of a breeding facility must be in good standing and have registration privileges intact with the appropriate national animal registry. The owner must have three years’ documented experience in show clubs and participation in show trials.

(a) Residential areas.

(1) No person shall establish or maintain animal breeding on their residential premises without first obtaining an annual breeder permit and license tag for each unsterilized adult animal intended for breeding purposes. The license fee shall be established by resolution of the city council.

(2) Any animal intended for breeding must be a household pet and reside primarily inside the residence.

(3) At no time will the total number of adult animals exceed three per licensed breeder residence.

(4) The offspring of the animals bred may be sold by the owner upon compliance with all city, county and state requirements.

(5) There shall be only one species of dog or cat bred at any licensed breeder residence. There shall be no more than one litter produced per year per animal with a maximum of two litters per breeder residence per year.

(6) For protection and identification, all breeding animals will be identifiable by either a tattoo or implant device. An implant scanner must be on the premises if an implant device is used.

(7) Any person who is a breeder shall obtain an annual business tax receipt and certificate of use for their business.

Sec. 5-37. – Mandatory spay and neuter.

(a) Purpose. The unintended or uncontrolled breeding of dogs and cats within the city leads to many becoming unwanted strays, suffering privation, constituting a public nuisance and health hazard and can result in death. The unintended or uncontrolled breeding results in numerous animals being impounded and euthanized at great expense to the community. 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, 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:

i. The dog or cat has competed in at least one show or sporting competition sanctioned by a bona fide national registry within the last 365 calendar days;

ii. 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

iii. The owner of the dog or cat is a member of, and the dog or cat is registered with, a bona fide purebred dog breed club or cat fancier’s association, 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, or the owner signs a statement under oath attesting that the dog or cat is being trained to comply with subsections i. or ii., above.

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 calendar 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. The owner shall comply with this article relating to breeder permits, facilities, etc.

4. Service animals. A dog or cat that is a service animal as defined in this chapter, 28 CFR 36.104 and F.S. § 413.08 or is part of a bona fide service animal breeding program. The owner shall comply with this article relating to breeder permits, facilities, etc.

5. Breeders. The owner demonstrates to the animal control division proof of a breeding contract for a particular 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 calendar 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.

None of the aforementioned qualifications shall be construed to authorize the breeding or harboring of dogs or cats in violation of the Zoning Code of the City, or exempt the owner or their dog or cat from any other provisions of this chapter.

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 30 calendar days of the dog or cat becoming six months of age, or by September 1, 2011, whichever is later in time, or, in the case of an owner whom acquired a dog or cat after it becoming six months of age, 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. This requirement shall not apply to hunting or herding dogs.

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 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 30 calendar days.

f. Term of permit. An unaltered animal permit shall be valid for the life of the dog or cat.

g. Revocation. Upon receipt of information of violation of this section, the animal control division 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, hand delivery by a police 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 calendar 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 magistrate within 30 calendar days after the receipt of a request for hearing and in accordance with section 5-6. The original of the board’s written decision shall be filed with the animal control division and copies shall be mailed to the city attorney and permit holder. The original of the board’s written decision shall be filed with the animal control division and copies shall be mailed to the city attorney and permit holder.

h. Penalty. Any person who violates any provision of this section is subject to the enforcement procedures and penalties of this chapter. 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.

(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 30 calendar days within any calendar year.

(4) Fee. A permit fee shall be paid at the time of application. The unaltered/unsterilized animal permit fee shall be established by resolution of the city council.

Sec. 5-40. – Impoundment.

(c) Sterilization. Any animal impounded two times within a 12-month period must be sterilized prior to return to its owner. Sterilization will be at the owner’s expense. Any animal determined by a licensed veterinarian and the city’s animal services division to be at risk of unintended adverse effects from the sterilization procedure is exempt from this section.