Spay/Neuter Law in Palm Beach County, Florida

Sec. 4-4. – Dog and cat control.

(b) A fine schedule for violations of this section shall be established by the Board by resolution. As a means to encourage owners to sterilize dogs, the following additional procedure has been implemented: When a first offense citation is issued to an owner of an unsterilized dog for violating paragraph (a) above, the Division is authorized to hold the citation for fifteen (15) working days, allowing time for the owner to have said dog sterilized. If proof of sterilization is presented to the Division in this time period, the citation shall not be processed through the County court system, thus waiving the citation fine for the owner. If the Division is not presented proof of sterilization within fifteen (15) working days, the citation will be processed.

Sec. 4-8. – Keeping/adopting stray animals.

(b) Adopting stray found animals. The Division, at its sole discretion, may permit residents who possess a stray dog or cat and who wish to provide it a permanent home, to legally adopt such animal by adhering to the following procedures:

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(7) Such animal(s) may become the property of a person if the following requirements are also met:

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c. The animal has been sterilized;

Sec. 4-12. – Redemption and adoption.

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(4) Fees and costs. The owner of an impounded animal shall pay all impoundment fees, daily boarding costs, medical expenses and other costs related to such impoundment prior to release of the animal. These fees shall be established by the Board. Notwithstanding the foregoing, if the owner of an unaltered dog or cat agrees to have the animal spayed or neutered prior to release from the Division, the owner shall pay the impoundment/redemption fee established by the Board for sterilized animals.

Sec. 4-13. – Adoption fees and sterilization requirements for dogs and cats.

(a) The Division shall be responsible for sterilizing every dog and cat prior to release except those dogs or cats that are a surgical risk or that are transferred to a humane society or private animal nonprofit organization that has agreed to have the dog/cat sterilized prior to adoption or return to field.

(b) Adopted dogs and cats not initially sterilized must be sterilized by the Division or a private veterinarian within thirty (30) days from the date of adoption. Upon the written request of a licensed veterinarian, and for a valid reason, the Division shall extend the time limit within which the animal must be sterilized.

(c) A fee for adoption shall be set by the Board by resolution. No portion of the adoption fee shall be refunded for sterilization performed by a private veterinarian.

(d) Any transfer of ownership of an adopted animal shall not occur until such animal has been sterilized and proof of sterilization has been provided to the Division

Sec. 4-23. – Kennel, excess animal habitat, commercial breeder, pet dealer, pet shop, grooming parlor, and commercial stable permits.

(b) Permit procedures and requirements.

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(15) No cat shall be bred unless it is a pedigreed cat registered as such with the Cat Fancier Association or the International Cat Association. No permit shall be issued for any commercial cat breeding operation unless the cats to be bred are pedigreed cats registered as such with the Cat Fancier Association or the International Cat Association.

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(g) Minimum general operational standards.

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(17) No person shall maintain unsterilized dogs over six (6) months of age or unsterilized cats over four (4) months of age together without first obtaining an appropriate breeding permit from the Division.

(i) Minimum operational standards for pet shops and pet dealers.

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(3) Notices and disclosures to purchasers.

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c. At the time of sale, each pet shop and pet dealer shall provide the purchaser with a written notice in twelve-point or greater type stating:

Pursuant to the Palm Beach County Animal Care and Control Ordinance, every owner of a dog or cat is required to obtain a license tag for each dog and cat from the Palm Beach County Division of Animal Care and Control (“Division”) or an authorized veterinarian. The license tag must be renewed every year, and proof of an up to date rabies vaccination is required to obtain or renew a license tag.

The Palm Beach County Board of County Commissioners has determined that the unintended or uncontrolled breeding of dogs and cats leads to pet overpopulation at great expense to the community and that every feasible means of reducing the number of unwanted dogs and cats should be encouraged. The Board of County Commissioners has also determined that spaying and neutering every dog and cat is one of the best ways to must be spayed or neutered by the time the dog is six (6) months old and every cat must be spayed or neutered by the time the cat is four (4) months old, unless certain exceptions apply.

Every owner must obtain an annual unaltered license tag from the Division or a veterinarian for each dog over the age of six (6) months and every cat over the age of four (4) months that is not spayed or neutered. A dog or cat with an unaltered license tag cannot be bred unless an appropriate breeding permit is first obtained from the Division.

No person shall breed any dog or cat in Palm Beach County without first obtaining a breeding permit.

Contact the Division at (561) 233-1200 or www.pbcgov.com/publicsafety/animalcare/ with questions about regulations pertaining to your new dog or cat.

The Division shall have the authority to establish an alternative written disclosure form that includes the essential elements of the written notice provided herein.

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(10) Exemption for humane societies, private nonprofit animal organizations animal rescue organizations and shelters.

a. A pet shop that allows a humane society, private nonprofit animal organization, animal rescue organization or shelter to use the pet shop’s premises for the purpose of making animals available for adoption shall be exempt from the provisions of subsections (i)(1)(2)(3) and (4) with respect to such animals, provided the pet shop does not have an ownership interest in such animals and the provisions of section 4-26 are followed. In addition, the pet shop shall post conspicuously on the cage or enclosure of each dog and cat offered for adoption a written notice in twelve-point or greater type identifying the humane society, private nonprofit animal organization, animal rescue organization or shelter from which the dog or cat may be adopted, the breed, the sex, the age, the relevant information known about the dog or cat and that the dog or cat must be sterilized prior to adoption.

b. A pet shop may adopt animals from a humane society, private nonprofit animal organization, animal rescue organization or shelter for the purpose of adopting those animals out through the pet shop. With regard to any animal adopted from a humane society, private nonprofit animal organization, animal rescue organization or shelter for the purpose of adoption through the pet shop, the pet shop shall comply with all requirements found in section 4-26(a)(2)—(10) and (d). In addition, the pet shop shall post conspicuously on the cage or enclosure of each dog and cat offered for adoption a written notice in twelve-point or greater type identifying the humane society, private nonprofit animal organization, animal rescue organization or shelter from which the dog or cat was obtained, the breed, the sex, the age, the relevant information known about the dog or cat and that the dog or cat must be sterilized prior to adoption.

Sec. 4-26. – Animal agencies.

(a) All humane societies shall:

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(9) Provide for the sterilization of every adopted dog and cat. Every dog and cat shall be sterilized prior to release, unless a veterinarian licensed to practice in the State of Florida certifies in writing that the dog or cat has a medical condition that would be substantially aggravated by such procedure or would likely cause the dog or cat’s death. A dog or cat may be temporarily released to a potential adopter if the adopter agrees in writing to bring the dog or cat to the Humane Society or authorized veterinarian for sterilization as soon as deemed safe by a veterinarian licensed to practice in the State of Florida.

Sec. 4-28. – Sterilization program for dogs and cats.

(a) Purpose. The Board 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 to be the public policy of the County 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) Every dog six (6) months of age or older and every cat four (4) months of age or older within the County shall be spayed or neutered, unless proof of one (1) of the following exemptions is provided to the Division:

a. The dog or cat is registered with a national or international club, association, or registry recognized by the Division, and the owner certifies in writing to the Division that the animal is being used, trained, or considered for use in a show(s), sporting competition(s), or other similar competitive event(s) held by one (1) or more national or international clubs, associations, or registries.

b. A veterinarian licensed in the State certifies in writing that the 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, that would be substantially aggravated by such procedure or would likely cause the dog or cat’s death. The writing must state the date by which the dog or cat may be safely spayed or neutered. The Division may extend the time for spaying or neutering a dog or cat or may exempt such dog or cat from the spay/neuter requirement based upon the written medical recommendation of a licensed veterinarian. For a dog or cat that is not spayed or neutered due to a health condition as provided herein, the license tag fee established by the Board for sterilized dogs or cats shall apply. 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 of such dog or cat to promptly comply with this section.

c. The dog is currently used by a law enforcement agency for law enforcement purposes.

d. The dog is a guide dog or service animal as defined in section 4-2 of this chapter.

e. The owner wishes to keep the dog unsterilized and certifies in writing to the Division that the dog will not be bred or used for stud purposes unless an appropriate breeder permit is first obtained from the Division.

f. The dog is used for breeding purposes by a licensed hobby or commercial breeder. The cat is used for breeding purposes by a licensed hobby or commercial breeder and is registered as a pedigreed cat with the Cat Fancier Association or the International Cat Association.

g. The dog or cat is being harbored by a shelter, humane society, or private animal nonprofit organization, whether public or private, whose principal purpose is securing the adoption of dogs or cats or offering sanctuary for dogs or cats, provided that the dog or cat is spayed or neutered prior to being placed for adoption.

Sec. 4-29. – Hobby breeder permits.

(a) Hobby breeder permits.

(1) No person shall breed a dog or cat or offer a dog or cat for breeding or stud purposes without first obtaining an appropriate breeding permit issued by the Division. No person shall maintain unsterilized dogs over six (6) months of age or unsterilized cats over four (4) months of age together without first obtaining an appropriate breeding permit from the Division. No cat shall be bred unless it is a pedigreed cat registered as such with the Cat Fancier Association or the International Cat Association. No hobby breeder permit shall be issued unless the cats to be bred are pedigreed cats registered as such with the Cat Fancier Association or the International Cat Association. The cost of the permit and other related fees shall be established by the Board by resolution.

(2) Hobby breeders shall:

a. Not breed more than two (2) litters or more than nineteen (19) dogs, cats, puppies, or kittens during a one-year period;

b. Not offer for sale, sell, trade, receive any compensation for or give away more than two (2) litters or more than nineteen (19) dogs, cats, puppies, or kittens during a one-year period;

c. Keep records for the duration of the hobby breeder permit and all permit renewals as to the birth of each litter of puppies or kittens and shall make such records available for review by the Division upon request;

d. Keep records including but not limited to records concerning rabies vaccinations, all other inoculations and any medical condition(s) of each dog, cat, puppy or kitten intended to be sold, given away, or otherwise conveyed;

e. On a quarterly basis, the name, address, and telephone number of the new owner of any dog, cat, puppy or kitten placed or a notice that no animal was sold during the quarter shall be provided to the Division;

f. Furnish to each new owner of a dog, cat, puppy or kitten the hobby breeder permit number so the new owner has proof and assurance that the animal was legally bred;

g. Not offer a puppy or kitten under the age of eight (8) weeks for sale, trade, other compensation or free giveaway, with the exception of animals taken to an animal shelter;

h. Recommend to each new owner that any animal sold, transferred or given away be examined by a licensed veterinarian within one (1) week of the date of transfer and notify the new owner of State requirements for rabies vaccinations;

i. List the person’s hobby breeder permit number on all advertisements and literature concerning the sale or free giveaway of any dog, cat, puppy or kitten of the hobby breeder;

j. Adhere to minimum standards regarding the care and manner of keeping of animals as provided in section 4-24, animal care; manner of keeping; and

k. Allow the Division to inspect the premises wherein an animal that is the subject of a hobby breeder permit is maintained and to view any animal that is the subject of the permit, if the Division has probable cause to believe that a violation of section 4-24, animal care; manner of keeping, exists. Such inspection will be limited to that necessary to ascertain compliance with section 4-24, animal care; manner of keeping. If a hobby breeder refuses to allow the Division to perform an inspection as provided herein, the Division may apply for a warrant pursuant to Florida Statutes Ch. 933. All reports of such inspections shall be in writing and maintained by the Division.

(3) A hobby breeder permit is valid for a period of one (1) year from the date of issuance and must be renewed annually. Renewal applications for permits shall be made at least thirty (30) days prior to expiration.

(4) A hobby breeder permit is not transferable, assignable, or refundable.

(5) Each person owning an animal intended to be used for breeding or studding shall obtain a hobby breeder permit prior to using any dog or cat for breeding or stud purposes. A hobby breeder must obtain an unaltered license tag for each unaltered dog or cat covered under the hobby breeder permit.

(b) Obtaining a hobby breeder permit.

(1) A person seeking a hobby breeder permit shall apply to the Division on a form approved by the Division.

(2) The permit application shall include but is not limited to the following information:

a. The name, address and telephone number of the applicant;

b. A statement as to whether the applicant has ever been convicted of the offense of cruelty to animals or had a final judgment entered against the applicant under F.S. § 828.073, or any other statute prohibiting animal neglect or mistreatment;

c. A description (species, breed, sex, age, coloration) of each animal under the permit; and

d. A description of the activity for which the permit is requested.

(3) If the applicant withholds or falsifies any information on the application, no permit shall be issued and any permit previously issued based on false or withheld information shall be revoked.

(4) No person previously convicted of cruelty to animals or who has had a final judgment entered against him/her pursuant to F.S. § 828.073, shall be issued a hobby breeder permit.

(1) The permit applicant shall complete an application, supply all information requested by the Division, and pay the applicable permit fee established by the Board by resolution.

(2) Permit applications shall be valid for thirty (30) days in order for applicants to make corrections to meet minimum compliance specifications.

(d) Violations.

(1) Failure to apply for a permit prior to operating as a hobby breeder shall constitute a violation.

(2) Failure to reapply for a permit at least thirty (30) days before expiration of the existing permit shall constitute a violation.

(3) Refusal to allow an animal control officer to inspect an animal or the premises as provided in section 4-29(a)(2)k. shall constitute a violation.

(4) It shall be a violation of this chapter to counterfeit a hobby breeder permit or official certificate of veterinary inspection or to maliciously destroy a hobby breeder permit.

(5) It shall be a violation of this section to advertise, display, attempt to sell or sell any dog or cat on any roadside or public right-of-way.

(e) Permit denial, revocation, and suspension.

(1) By notice of adverse action, the Division may deny, revoke or suspend any permit if it is determined that:

a. There has been a material misstatement or misrepresentation in the permit application;

b. The applicant/permit holder has been cited for at least three (3) violations of this chapter within a two-year period, each resulting in the imposition of a fine;

c. The permit holder/applicant has outstanding and unsatisfied civil penalties imposed due to a violation of this chapter;

d. The applicant/permit holder, his/her agent or a member of the household has been convicted of a violation of law involving cruelty to animals or has had a final judgment entered against him/her pursuant to Florida Statutes § 828.073; or

e. An animal under the care and responsibility of an applicant/permit holder has been found to be in need of immediate veterinary care that, if not treated, would result in suffering, pain or death.

(2) No permit fee shall be refunded for a permit that is revoked or suspended. For a permit that is denied after review, the permit fee shall be refunded as provided by the Board by resolution.

(f) Appeal process.

(1) Any applicant or permit holder who has been denied a permit or whose permit has been revoked or suspended may appeal this action to a Special Master within the ten-day period after the Division originates the adverse action. A written notice of appeal and appeal bond must be filed with the Division within ten (10) days of the notice of adverse action. The Board of County Commissioners is hereby authorized to establish the amount of the appeal bond by resolution. The appeal bond shall be remitted to the Division in the form of a money order, a certified check, a cashier’s check, or a bank check payable to the County.

(2) The appeal will be heard by a Special Master within thirty (30) calendar days after the applicant or permit holder has submitted a notice of appeal. The initial hearing on the appeal may be continued by the Division, the Special Master, or the applicant or permit holder beyond the thirty (30) calendar days for good cause shown.

(3) Unless otherwise provided herein, the hearing before the Special Master shall be governed as provided in section 4-30, Animal care and control Special Master hearing.

(4) The denial, revocation or suspension of the permit shall be upheld or reversed by the Special Master.

(5) All decisions by the Special Master shall be final and reviewable by writ of certiorari to the County Circuit Court.

(6) The Special Master shall provide the applicant or permit holder with written notice of his/her decision.

(g) Owner requirements following notice of adverse action and/or appeal process.

(1) If the notice of adverse action of denial, revocation or suspension of a hobby breeder permit is not appealed, the applicant or permit holder shall come into compliance with this chapter within ten (10) days after the notice of adverse action.

(2) Any person whose permit has been revoked may not reapply for a period of one (1) year. Each reapplication for a permit shall be accompanied by a fee to be established by the Board by resolution.

(h) Fee waiver. The Division shall waive the annual hobby breeder permit fee for any person/applicant who applies for a hobby breeder permit on or before August 1, 2008. For persons/applicants who apply for a hobby breeder permit during this period, the Division shall also annually waive the fee for two (2) unaltered dog or cat license tags. The fee waiver shall remain in effect for a hobby breeder so long as the hobby breeder remains in compliance with this chapter and F.S. ch. 828.

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