Ponce Inlet, Florida

Sec. 10-55. – Mandatory spay and neuter.

(a) Purpose. The town 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 town that has not been spayed or neutered unless such person holds an unaltered animal license 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:

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 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 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 or is part of a bona fide service animal breeding program.

5. Breeders. The owner demonstrates to the Department 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 Land Use and Development Code of the Town of Ponce Inlet, or exempt the owner or his or her dog or cat from any other provision 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 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 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 town administrative services department. 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 town administrative services department within 30 calendar days following such change.

e. Change in ownership. A permit holder shall notify the town administrative services department 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. Permits issued under the provisions of this section may be revoked by the town manager or his or her designee if any information provided on, or with, the permit application submitted by an owner is deemed to be false, or if the permit was issued in error. Any person who shall be dissatisfied with the revocation by the town manager or designee may file a written appeal to town council, together with any appeal fee as set by resolution of council, within ten days of such ruling. Failure to timely appeal the decision shall render the revocation final. The town manager or designee shall fix a time and place for hearing the appeal at the next regularly scheduled council meeting or special council meeting and shall provide a written notice by U.S. mail upon the appellant at the address provided by appellant, informing him/her thereof. If a special council meeting is requested, the appellant shall be required to pay costs associated with such meeting as set by resolution. Upon hearing, the action of the town council shall be final. All decisions of the town council shall be reduced to writing, and a copy provided to the applicant without charge. Any such decision by the town council shall state the facts and reasoning upon which the decision is based.

h. Penalty. Any person who violates any provision of this section is subject to the code enforcement procedures of the town.

(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 town 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 Land Use and Development Code of Ponce Inlet, Florida, 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 Section 828.15, Florida Statutes, are satisfied.