Ormond Beach, Florida

Sec. 5-84. – Mandatory spay and neuter.

(a) Purpose. The city has determined that the unintended or uncontrolled breeding of dogs and cats within the city limits 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 limits 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. The term “harbor” shall mean owning, possessing or providing shelter.

(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 registry approved by the community service division 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 national registry or approved by the community service division, within 365 days of a request for an unaltered animal permit;

(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 purebred dog breed club or Cat Fancier’s Association, approved by the community service division, 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.

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 recognized law enforcement animal breeding program.

4. Service animals. A dog or cat that is part of a recognized service animal breeding program approved by the community service division. A dog that has been trained and is used in the performance of recognized service activities or programs, as approved by the community service division.

5. Breeders. The owner demonstrates to the community service division proof of a stud contract for a particular dog or cat, membership in a 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 365 days of a request for an unaltered animal permit.

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 national, state or local hunting or herding dog association.

None of the aforementioned qualifications shall be construed to authorize the breeding or harboring of dogs or cats in violation of this Code or exempt the owner or his dog or cat from any other provision of this article.

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 days of the animal becoming six months of age; or, in the case of an owner that acquired a dog or cat after the animal attains six months of age, within 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 community service division. This requirement shall not apply to hunting or herding dogs.

d. Place of residence. The residence of a dog or cat shall be presumed to be the physical address of the person providing harbor to the animal. All changes of address must be reported to the community service division within 30 calendar days following such change.

e. Change in ownership. A permit holder shall notify the community service 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 a violation of this section, an animal control officer 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, by hand delivery by any member of the police department 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 community service division within ten 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 master within 30 days after the receipt of a request for hearing and in accordance with section 2-257. The original of the special master’s written decision shall be filed with the community service division, and copies shall be mailed to the city attorney and the permit holder.

h. Penalty. Any person who violates any provision of this section is subject to the city’s code enforcement procedures. 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. The city shall issue a citation for a violation of these regulations in the amount as established by resolution adopted by the city commission for a Class II violation as defined in section 2-261.

(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 limits 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 this Code, 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 community service division that it does not engage in the breeding of dogs or cats, provided that the dog or cat is spayed or neutered prior to being placed for adoption or transferred by such organization in accordance with F.S. § 823.15.