New Smyrna Beach, Florida

Sec. 18-221. – Mandatory sterilization.

F.S. § 823.15 requires any person purchasing a cat or dog sold or released for adoption from any public or private animal shelter or animal control agency operated by a humane society to be sterilized within 30 days of its adoption or prior to sexual maturity. Violation of this policy may result in the forfeiture of the animal, any deposit or refund, plus cause the owner or adopter to be fined for a noncriminal violation as defined by F.S. § 775.08(3).

ARTICLE IX. – MANDATORY SPAY/NEUTER OF ANIMALS

Sec. 18-333. – Purpose.

The purpose of this article is to reduce the number of dogs and cats at large in the city and reduce the number of dogs and cats from the city being presented to area humane shelters.

Sec. 18-334. – Mandatory spay and neuter of dogs and cats.

All owned dogs and cats within the city must be spayed and neutered by six months of age unless exempted s provided by section 18-336.

Sec. 18-335. – Penalty.

Any person who violates the provisions of section 18-334 shall be subject to the provisions of F.S. ch. 162, relative to enforcement of code violations. As an alternative, a person may be given a civil citation as provided in section 18-2 of this chapter.

Sec. 18-336. – Exemptions.

The provisions of section 18-334 shall not apply if any of the following exemptions are applicable:

(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 America Kennel Club (AKC), American Dog Breeders Association (ADBA), Cat Fanciers Association (CFA), or other bona fide registry and meets one of the following requirements:

a. 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 days;

b. 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

c. 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 subsection a. or b. above.

(2) 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 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 as defined in F.S. § 413.08(1)(d), or is part of a bona fide service animal breeding program.

(5) Breeders. The owner demonstrates to the city 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 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 city’s zoning regulations, or exempt the owner or his dog or cat from any other provision of this chapter.