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Model Spay and Neuter Ordinances

The following is a sample of communities that have either mandated spaying and neutering, instituted differential licensing or placed restrictions on breeding.

California Belmont Los Angeles Pacific Grove San Mateo	New Mexico McKinley County
Colorado Aurora Denver Lake County	New Jersey Camden
Illinois Rock Island	New York New York City
Indiana Bloomington Fort Wayne Hamilton County	North Carolina Asheville Buncombe County
Maryland Baltimore City Montgomery County	Ohio Athens Richmond
Missouri St. Louis	Washington King County Tacoma

The following states require mandatory spaying or neutering of all animals adopted from animal shelters:

Arizona Arkansas California Connecticut District of Columbia Florida Georgia Illinois Iowa Kansas Kentucky Louisiana Massachusetts

Michigan Missouri Montana Nevada New Hampshire New Mexico New York North Dakota Oklahoma Rhode Island Texas Virginia

California

Belmont

• City Code outlines a differential licensing program for dogs and cats, as follows: unaltered dogs $21 ($.50 toward Animal Population Trust Fund), unaltered cats $11, spayed/neutered dogs $11, spayed/neutered cats $6.
  
• Having unaltered animals also requires that a breeding permit be obtained for $25.
  
• Guardians of unaltered animals are required to pay higher redemption fees when their animals are impounded at shelters. The impound charge is $20 for a spayed/neutered animal and is $40 for an unaltered animal ($30/$60 if an animal is not licensed). Each time impounded, the fee increases: second offense, $30/$60, third offense $90/$100, fourth offense $120/$140 and fifth offense and up $150/$170.
  
• If an animal is impounded twice in a three-year period, he or she will be sterilized before being released back to the guardian.

Article IA, Sec. 5-27.5 (a) No person shall own or harbor … any cat or dog over the age of six (6) months … has not been spayed or neutered, unless such person holds either a license to keep an unaltered dog or cat or license and permit for breeding cats or dogs issued by San Mateo County Animal Control Services. (b) A license shall be issued for an unaltered dog or cat if the owner signs a written statement that such animal will not be allowed to breed unless the owner has first obtained a breeding permit.
Article IA, Sec. 5-27.6 (d)(4) Any permit holder advertising to the public the availability of any animal for adoption or sale must prominently display the permit number in any publications in which they advertise. Further, the permit number must be provided to any person adopting or purchasing any animal bred by the permit holder.
Article IA, Sec. 5-27.7(d) Prior to release for adoption, any animal adopted from any animal welfare agency shall be spayed or neutered.
Article IA, Sec. 5-27.8(a) Any permit issued pursuant to section 5-27.6 be revoked if the animal control officer has reasonable cause to believe any of the following to be true: … (3) The permittee has failed to comply with any condition or requirement of the permit or has failed to pay any fee imposed under this Code.
Article IA, Sec. 5-27.9, Penalty for violation. (1) A fine not to exceed $100 for a first violation. (2) A fine … $200 for a second violation within one year. (3) A fine … $500 for each additional violation within the same year.

Los Angeles

• Spaying and neutering is mandatory for all dogs and cats in city limits unless the guardian has obtained a $100.00 annual unaltered animal permit.
  
• If the guardian wishes to breed the animal, they must also obtain a breeders license.
  
• All dogs bred for sale or trade must be registered and seller must disclose permit number and name of breeder in any advertisement.
  
• Violators will be fined $500.00 and would be considered a misdemeanor.
  
• Exempts animal shelters that have implemented an ongoing spay/neuter program.

(1) No person shall cause or allow any dog or cat owned, harbored or kept within the City of Los Angeles to breed without first obtaining a breeding permit, as described below. The term breeding permit means a written authorization, issued annually by the General Manager, giving its lawful holder permission to breed a dog or a cat.

(2) Each breeding permit shall be valid for one year from the date of issuance, and may be renewed annually, before its expiration date. Each applicant for such a permit shall pay an annual fee of $100.00. A separate permit must be obtained for each owned dog or cat which is allowed to breed.

(3) The Department shall administer an animal breeding permit program to allow the breeding of unaltered dogs and cats consistent with criteria and according to procedures established by the General Manager pursuant to Section 53.58 of this Code. Under no circumstances shall such a permit be issued to a person who has been convicted of animal cruelty or neglect.

(4) In addition to the criteria and procedures established by the General Manager pursuant to Paragraph 3 of this subsection, all breeding permits shall contain the following terms and conditions:

a. The owner of an unaltered female dog or cat shall not allow the whelping of more than one litter in any household within the permit year. Notwithstanding this provision, the General Manager is hereby authorized, upon application of a permittee, to allow on a one time basis the whelping of up to two dog or cat litters per breeding animal within any domestic household within a permit year, if the permittee establishes, according to regulations promulgated by the General Manager, that such breeding is required to protect the health of the animal or avert a substantial economic loss to the permittee. In the event that a permittee is forced to euthanized a litter of dogs or cats, the General Manager may authorize the whelping of one additional litter of dogs or cats within the same permit year by the permittee;

b. No offspring may be sold, adopted, bartered, or otherwise transferred, whether for compensation or otherwise, until it has reached the age of at least eight weeks;

c. No offspring may be sold or adopted until immunized against common diseases. The sale or adoption of a dog or cat shall include a statement signed by the seller or adopter attesting to the signatory’s knowledge of the animal’s health, and the animal’s immunization history;

d. Any holder of a breeding permit who advertises to the public the availability of any dog or cat for sale, adoption, or transfer, whether for compensation or otherwise, must prominently display the permit number in any such advertisement. Further, the breeding permit holder must provide the permit number to any person who purchases, adopts or received any animal from the permit holder and include the permit number on any receipt of sale or transfer document;

e. Commercial establishments selling locally bred dogs or cats shall prominently display the breeding permit number(s) of the breeder(s) whose dogs and cats are sold in said establishments and any other pertinent information required by the General Manager; Commercial establishments selling dogs and cats which were not bred within the City of Los Angeles shall prominently display the name and address of the breeder(s) of such dogs and cats and any other pertinent information required by the General Manager;

f. Any breeding permit holder selling or otherwise transferring a dog or a cat, whether for compensation or otherwise, shall submit to the Los Angeles Department of Animal Regulation the name, address, and telephone number of the animal’s new owner within five days from the sale or other transfer, on a Department approved form; and

g. Any breeding permit holder or commercial establishment which sells or otherwise transfers a dog or cat, whether for compensation or otherwise, shall provide to the new animal owner City application(s) for a license and permit as well as written information regarding the license and permit requirements of the City of Los Angeles applicable to such animal.

(5) The following animals are exempt from the breeding permit requirements:

(1) Dogs documented as having been appropriately trained and actively used by law enforcement agencies for law enforcement and rescue activities;

(2) Dogs documented as guide, signal, or service dogs pursuant to California Penal Code Section 365.5(d), (e) & (f) and successor sections;

(3) Dogs and cats certified by a licensed veterinarian as not being suitable subjects for spaying and neutering due to health reasons;

(4) Dogs and cats under the care of governmental animal control agencies; animal rescue organizations which have demonstrated to the Department that they have implemented an ongoing spay/neuter plan, as well as an adoption plan; or humane societies or societies for the prevention of cruelty to animals, of such societies are incorporated under the provision of California Corporations Code Section 10400 and the Nonprofit Public Benefit Corporation Law in Part 2 of the California Corporations Code, beginning at Section 5110, and successor sections; and

(5) Dogs documented as enrolled in a guide, signal or service dog breeding program administered by a person licensed under Chapter 9.5.

Penalties:

(1) Any cat or dog owner found by the Department to be in violation of the breeding permit provision of this section may correct the violation(s) by providing conclusive proof to the Department that the dog(s) or cat(s) have been spayed or neutered, or by obtaining the necessary permits(s) mentioned in this section, no later than forty five days from the date when the Department had first notified the owner of the violation. Should the owner fail to correct the violation(s) in the manner described above, the Department shall impose a $500.00 civil penalty on the dog or cat owner. Notice of this penalty shall be served by the Department on the dog or cat owner in the manner allowed by Section 11(i) of this Code. This penalty shall not be waived by the Department upon the transfer or abandonment of the dog or cat by the non compliant owner. This penalty shall be imposed in addition to any other applicable civil or criminal penalties.

If the civil penalty mentioned above is not paid and the owner does not spay/neuter his/her dog(s) or cat(s) or obtains the breeding permit(s) required under Subsection (c), above, within fifteen days from the date when the Department first notified the owner of the imposition of the civil penalty mentioned in Section (d)(1), the continuing violation of the breeding permit requirement of this section becomes a misdemeanor and may be prosecuted as such.

(2) The Department may revoke any permit issued.

Pacific Grove

• All dogs and cats are required to be spayed or neutered unless the guardian obtains an unaltered dog permit.
  
• There is a licensing differential of $7.50 for a spayed or neutered animal and $30 for an unaltered animal.
  
• Impoundment fees for licensed and spayed or neutered dogs are waived; licensed, unaltered dogs may be waived if the guardian signs an agreement to spay or neuter the dog within 10 days.
  
• Guardians who wish to breed their dog or cat may purchase a breeder’s permit, which allows no more than one litter per adult female per year. Guardians who wish to produce more than one litter each year may apply for a commercial breeder’s permit.

Ord. 10.04.100 (1) Licensed and Sterilized Dogs. For a currently licensed dog that has been sterilized, the reclaiming owner shall be granted a waiver from the impoundment fee for the first-time impoundment of the dog. (2) Licensed Dogs, Unsterilized. For a licensed but unsterilized dog, the first-time impoundment fee and unsterilized dog fee may be waived at the request of the reclaiming owner provided that, prior to release of the dog, the “Delivery to Veterinarian” procedure, as defined in subsection (d), is followed.
Ord. 10.04.100 (3) (d) Delivery to Veterinarian Procedure. The owner shall volunteer the animal for sterilization and deposit the requisite fee with a licensed veterinarian. In return, the veterinarian shall provide the owner with a receipt certifying that sterilization of the animal has been paid for and scheduled or that health considerations preclude sterilization. Upon presentation of such receipt and certification to the holding agency, the animal shall be released to the owner. Sterilization under this procedure shall take place no later than ten days after release … In the event of failure to meet the appropriate deadline, the deposit shall be forfeited, and after deducting reasonable costs, the veterinarian shall return the remainder to the city or its designee for educational purposes related to pet sterilization programs.
Ord. 10.18.010, Sterilization of Adopted Animals--Fees. (a) No unsterilized dog or cat shall be released by the city or its designee for adoption unless the adopter first follows the “Delivery to Veterinarian” procedure.
Ord. 10.16.040 Breeding. (1) The requirement for a breeding permit may be waived if, on the first occasion of such birth, the litter is delivered to the S.P.C.A. for humane disposition, the owner has the parent animal sterilized, and proof of such actions is provided to the city or its designated representative.
(4) Permits shall apply to no more than one litter per adult female per year regardless of litter size, except as follows: Owners wishing to produce litters at a rate higher than one per year may be issued a commercial breeding permit upon completion of the appropriate application and payment of the fee established by resolution of the council. The commercial breeding permit is not subject to the single litter limitation.

San Mateo

• Any dog or cat over 6 months of age must be spayed or neutered, unless the guardian holds an unaltered license.
  
• If the animal breeds accidentally, the guardian must obtain a breeder’s permit in addition to the unaltered license.
  
• Any guardian redeeming an impounded unaltered animal will be required to pay a spay/neuter fee in the amount of $35 in addition to the impound fees imposed. This fee will be refunded if the animal is spayed or neutered within 30 days. Any unaltered animal impounded twice or more within a 3-year period will be altered at the guardian’s expense prior to redemption. At the option of the guardian, required spaying or neutering may be performed by a private veterinarian.
  
• There are differential licensing charges: $11 for spayed or neutered dogs and $21 (which includes a $.50 surcharge for the Animal Population Trust Fund) for unaltered dogs. Spayed/neutered cats are $6 and $11 for unaltered cats.
  
• Penalties for violation, of spay/neuter ordinances are fines not to exceed $100 on the first offense, $200 on the second offense, and $500 for each additional violation of the same ordinance within one year.

Chap. 8.02.090, Sec. 3332.4 (a) No person shall own or harbor within the City any cat or dog over the age of six months which has not been spayed or neutered, unless such person holds either a license to keep an unaltered dog or cat or a license and permit for breeding cats or dogs.

Chap. 8.02, Sec. 3330.8 Upon redemption of any impounded unaltered animal, the owner will be required to pay a spay/neuter fee in the amount of $35.0 in addition to the impound fees imposed under Section 3330.12. Such fee shall be refundable upon proof of spaying /neutering of the animal within 30 days of the redemption date. Any unaltered animal impounded twice or more within a three-year period shall be altered at the owner’s expense prior to redemption. At the option of the owner, required spaying or neutering may be performed by a private veterinarian.

Colorado

Aurora

• Differential licensing allows for a reduced cost for spayed/neutered animals.
  
• Permits for unaltered animals may be purchased for $25 (in addition to the annual $7 license fee), and the animals are not allowed to breed.
  
• All litters born are is required to have a litter permit and registration number.
  
• A breeder’s permit required for professional breeders ($85/year) for anyone selling for giving away animals and is required to be displayed for any animal for sale. The permit must be purchased before producing a litter of puppies or kittens.
  
• Cats are prohibited from running at large.

Sec. 14-42 (a) Spay or Neuter Required It shall be unlawful to own, possess or keep in the city any dog or cat over the age of six months that has not been spayed or neutered, except as provided in subsection (b) of this section.

Sec. 14-42 (b) Exceptions. The following are exceptions to the spay or neuter requirements in subsection (a) of this section:

(1) Medical. A licensed veterinarian has determined that an animal is medically unsuited to undergo the surgical procedure. A signed statement from a licensed veterinarian is required and shall state specifically the medical grounds for the exemption.
(2) Temporary medical. When the animal’s medical condition is temporary in nature, the licensed veterinarian shall sign a written statement as to the prognosis of when the surgery may be performed. The date given on that prognosis shall become the expiration date of the temporary medical exemption. After the period of the temporary medical exemption, spay or neuter shall be required unless a licensed veterinarian provides another temporary medical exemption and prognosis of when the surgery may be performed.
(3) Transitory status. An animal which is temporarily in the city. When an animal is temporarily in the city for breeding purposes, the owner of such animal is required to have and present, when requested, a certificate of health signed by a licensed veterinarian.
(4) Intact permit. An owner obtains an annual intact animal permit and is in compliance with the city annual licensing requirements contained in this chapter.

Sec. 14-42 (c) Litter Permit and Registration Number. All litters, or a portion thereof, of puppies or kittens that are to be whelped, queened, sold, traded, bartered, given away, or otherwise transferred within the City of Aurora shall have a litter permit and registration number. (1) The owner or possessor shall obtain a litter permit and registration number within one week of obtaining possession of any litter, or portion thereof, of puppies orkittens. (2) Owners or possessors shall abide by all the litter permit and registration administrative requirements. (3)The litter permit and registration number requirements, of this subsection shall not apply to pet shops.
Sec. 14-42 (d) Penalty. Any owner found guilty of violating this section and not classified within the exceptions shall be subject to both fine and imprisonment as provided by section 1-13 if this Code. Upon the first conviction, the court shall impose a fine of not less that $100.00. A portion of the minimum monetary fines and imprisonment may be suspended by the municipal court only if the owner of any animal in violation presents to the court proof of the spay or neuter of the animal. Upon a second conviction, in addition to any penalty provided by section 113, the owner shall be required to spay or neuter the animal (unless the owner provides a written statement from a licensed veterinarian that the spay or neuter procedure would be harmful or dangerous to the health of the animal). Nothing in this subsection shall be construed as preventing the animal care officer from instituting a proceeding in the municipal court for violation of this section where there has been no impoundment.

Denver

• Breeding is illegal in Denver County.
  
• Spaying and neutering is mandatory for all animals over 6 months old unless there is a medical reason for an exemption.
  
• Guardians who do not want to spay or neuter their companion animals must pay $43 each year for an “intact permit.” If denied an intact permit, by law the animal must be spayed or neutered. An intact permit is not a breeding permit; breeding is illegal.
  
• If guardians fail to comply with the spay/neuter municipal codes, the animal’s license will be revoked and the animal could be impounded.

Ord. No. 999-95, Sec. 8-70. It is the purpose of this section to promote the health, safety and general welfare of the residents of the city by reducing the number of stray dogs and cats. The council finds that each year tens of thousands of dogs and cats are euthanized in the city because they are not wanted. It is the purpose of this section to eliminate the excessive numbers of unwanted animals and thereby stop the needless killing of these animals by restricting the breeding practices of pet owners and breeders through legislation that is both reasonable and enforceable.

Ord. No. 999-95, Sec. 8-71. It shall be unlawful to own, possess or keep in the city any dog or cat over the age of six (6) months that has not been spayed or neutered.

Ord. No. 999-95, Sec. 8-73. Notwithstanding the provisions of sections 1-13, any person cited with violation of this article shall have his or her citation dismissed if there is proof of compliance with the terms of this article within thirty (30) days of the date of the summons or impoundment.

Lake County

• Differential fines for animals running loose charging allow for $100 for unaltered animals and $25 for spayed/neutered animals.

Illinois

Rock Island

• It is mandatory to spay or neuter all dogs and cats unless the guardian pays for an “unaltered license” ($30).
  
• Differential licensing establishes fees of $6 for spayed/neutered animals and $30 for unaltered animals. Discounts for senior citizens are $15 for unaltered animals and $3 for spayed or neutered animals.
  
• Breeders must also pay a license fee of $6 for each dog over 6 months of age in addition to the $50 breeding license.
  
• Any dog or cat who is impounded for the second time will be spayed or neutered. The guardian will pay a $50 penalty fee in addition to the reasonable cost of this mandatory sterilization when redeeming the animal from the shelter.

Div. 2, Dogs and Cats. Sec. 7-146. Spaying And Neutering: (a) No person shall own, harbor or keep within the City any cat or dog over the age of six (6) months which has not been spayed or neutered, unless such person holds either a license for breeding cats or dogs issued by the City or possesses an unaltered dog or cat license as stated in this section or a written certificate from a licensed veterinarian that, due to health considerations, the animal should not be spayed or neutered.

Div. 3, Impoundment. Sec. 7-156. (3) Any dog or cat that is impounded a second time within a one-year period shall be altered. The owner shall pay a penalty in the sum of fifty dollars ($50.00) for a second impoundment and in addition thereto the reasonable cost for the mandatory altering of the animal if the altering would not endanger the health of the animal.

Indiana

Bloomington

• Any guardians who intentionally or unintentionally cause or allow their companion animal to breed must first acquire a breeding permit.
  
• Breeders are required to keep a record of all births sales, information on each buyer, and proof that each animal was legally bred.
  
• Breeders are limited to only one litter each year.
  
• Permit fees are waived for guardians who spay or neuter their animal within 14 weeks after giving birth to a litter or who relinquish the adult dog or cat to the animal shelter.

7.22.010, Minor Breeder Permit Required. No individual or business shall be a minor breeder without obtaining a permit in compliance with this chapter.

(a) A minor breeder permit shall be obtained by: (1) Any individual who intentionally or unintentionally causes or allows the breeding of a cat or dog, or makes a cat or dog available for breeding purposes; or (2) Any person who offers for sale, sells, trades, receives for any compensation or gives away any litter of dogs or cats, with the exception of litters taken to the animal shelter.

(b) Minor breeders shall also: (1) Breed only one dog or one cat which results in the birthing of a maximum of one litter in a twelve-month period; (2) Not offer for sale, sell, trade, receive any compensation or give away more than one litter of dogs or one litter or cats in a twelve-month period, with the exception of a litter of dogs or cats taken to the animal shelter; (3) Keep records as to the birth of each litter of dogs or cats as may be required by the animal control department; (4) Keep records of the name, address and telephone number of each buyer or new owner of any dog or cat sold or transferred; (5) Furnish to each buyer or new owner of an animal the minor breeder permit number of the minor breeder in order that the new owner has proof and assurance that the animal was legally bred; (6) Not offer a puppy or kitten under the age of eight weeks of age for sale, trade, or other compensation or free giveaway, with the exception of animals taken to the animal shelter; (7) Recommend that any animal sold, transferred or given away be examined by a licensed veterinarian within one week of he date of transfer; and (8) List their minor breeder permit number on all public notices advertising the sale or free giveaway of litters of or individual puppies or kittens.

(c) Any owner or person having custody of a dog or cat which has been altered within fourteen weeks after giving birth to a litter or who relinquishes the adult dog or cat to the animal shelter within fourteen weeks of the birth date of the litter shall have all permit requirements waived.

7.22.020, Major Breeder Permit Required. No individual or business shall be a major breeder without obtaining a permit in compliance with this chapter.
(a) A major breeder permit shall be obtained by: (1) Any individual who intentionally or unintentionally causes or allows the breeding of a cat or dog, or makes a cat or dog available for breeding purposes; or (2) Any person who offers for sale, sells, trades, receives for any compensation or gives away any litter of dogs or cats, with the exception of litters taken to the animal shelter.
(b) Major breeders shall also: (1) Not allow the birthing of more than one litter per female dog or cat in a twelve-month period; (2) Keep records as to the birth of each litter of dogs or cats as may be required by the animal control department; (3) Keep records of the name, address and telephone number of each buyer or new owner of any dog or cat sold or transferred; (4) Furnish to each buyer or new owner of an animal the major breeder permit number of the major breeder in order that the new owner has proof and assurance that the animal was legally bred; (5) Not offer a puppy or kitten under the age of eight weeks of age for sale, trade, or other compensation or free giveaway, with the exception of animals taken to the animal shelter; (6) Recommend that any animal sold, transferred or given away be examined by a licensed veterinarian within one week of the date of transfer; and (7) List their major breeder number on all public notices advertising the sale or free giveaway of litters of or individual puppies or kittens.

7.22.050, Breeder Permit Periods. (a) Minor breeder permits shall be valid for a period of one year from the date of issuance. (b) Major breeder permits shall be issued on a litter-by-litter basis and shall be valid for one year from the date of application.

7.22.060, Fees. Fees for breeder permits shall be: (a) Minor breeder permit $60.00; (b) Major breeder permit $100.00 per litter.

Fort Wayne

• There is a licensing differential charging $4 for spayed or neutered animals and $25 for unaltered animals.
  
• Breeding is illegal unless a guardian obtains either a minor or major breeding permit.
  
• A minor breeding permit costs $40 and may be obtained by a guardian who intentionally or accidentally causes the breeding of a cat or dog and who offers any litters for sale or trade.
  
• A major breeding permit costs $100 each year in addition to a kennel/cattery fee. This is for professional breeders.
  
• If guardians spay or neuter an animal within 10 weeks of the birth of a litter, the guardians must purchase a minor breeder permit for $10.
  
• Breeders are only permitted to allow their animals to have one litter in a 12-month period.
  
• Guardians who allow their animals to breed and do not wish to spay or neuter or relinquish the animals to the Department of Animal Control, must have their animals microchipped and registered within 30 days of receiving a notice.
  
• Guardians of animals who have bred are required to furnish animal control with information on the birth of each litter, as well as records of sale, adoption, buyers/adopters (name, address, phone number), and must immunize all animals in each litter.

Ord. 91.055. Major Breeders Permit.(A) A major breeder’s permit shall be obtained by: (1) Any person who intentionally or accidentally causes the breeding of a cat or dog or makes a cat or dog available for breeding purposes; or (2) Any person who offers for sale, sells, trades, receives other compensation or gives away any litters of dogs or cats; excepting a litter of dogs or cats taken to the Department of Animal Control; (B) And such person shall: (1) Not allow the birthing of more than one litter per female dog or cat in a 12-month period; and (2) Furnish the Department of Animal Control with information on the birth of each litter of dogs or cats as may be required by Department of Animal control to register that litter of dogs or cats with Department of Animal Control, and to be assigned a litter number for each litter.

Ord. 91.056. Minor Breeders Permit. (A) A minor breeder’s permit shall be obtained by: (1) Any person who intentionally or accidentally causes the breeding of a cat or dog or makes a cat or dogs available for breeding purposes; (2) Any person who offers for sale, sells, trades, receives other compensation or gives away any litters of dogs or cats; excepting a litter of dogs or cats taken to the Department of Animal Control; (3) Any owner or person having custody of a dog or cat that has delivered a litter or caused the delivery of a litter, who chooses not to relinquish the animal to the Department of Animal Control and also chooses not to have the animal spayed or neutered shall cause the animal to be implanted with a microchip and to register this dog or cat within 30 days of having received notice to accomplish this procedure from the Department of Animal Control. (B) And such person shall: (1) Be allowed to breed only one dog or one cat which results in the birthing of a maximum of one litter in a 12-month period … (8)(C) Any owner or person having custody of a dog or cat which has been neutered within 10 weeks after giving birth to a litter or who turns the adult dog or cat over to the Department of Animal Control within 10 weeks of the birth date of the litter will be required to purchase a minor breeder permit at the rate of $10. (D) Any owner or person having custody of a dog or cat which has delivered a litter, who chooses not to relinquish said animal to the Department of Animal Control and also chooses not to have the animal neutered, will be required to purchase a minor breeder permit at the rate of $40 plus any applicable kennel/cattery permit fee. The permit shall be issued provided all requirements of this chapter are met.

Hamilton County

• Spaying and Neutering is mandatory by the time any dog or cat is 9 months old unless the guardian obtains a $50 breeder’s permit.
  
• Any guardian intentionally or accidentally breeding an animal is required to purchase the $50 breeders permit.
  
• The ordinance also limits the number of litters a breeder can have, sell, trade or give away.

Maryland

Baltimore City

• Differential licensing charges $10 for a spayed or neutered dog or cat and $30 for an unaltered animal.
  
• In April 2002, a law was passed that gives animal control the authority to put a microchip implant into animals the first time they are found roaming the streets.
  
• On the second impoundment, the animal is required to be spayed or neutered at the guardian’s expense.

Sec. 10-309 (c) Impoundment; Conditions for Return to Owners. (1) On a first or subsequent impoundment of a dog or cat, the Commissioner may require that, as a condition for the animal’s return to its owner or keeper: (i) a microchip, containing the information the Commissioner specifies, be surgically implanted in the animal; and (ii) the owner or keeper agree to keep the information current, as directed by the Commissioner. (2) On a second or subsequent impoundment, the Commissioner may require that, as a condition of the animal’s return to its owner or keeper, the animal to be altered. (3) The costs incurred in these procedures must be paid by the owner or keeper when reclaiming the animal.

Montgomery County

• Animal control agencies and shelters have the authority to spay or neuter any dog or cat that is impounded two or more times, at the owner’s expense.
  
• The county is mandated to provide the county residents with spay/neuter clinics and offer services at uniform or reduced rate.

Sec. 5-303 (7) (d) Multiple Impoundments. (1) If an unaltered dog or cat is impounded 2 or more times, the owner must have the animal altered at the owner’s expense or surrender the animal to the Director.

Sec. 5-403 (a) The county directly or by contract must establish one or more clinics where county residents may have dogs or cats altered in a humane manner by a licensed veterinarian for a fee set by regulation. The county may contract for altering services by a licensed veterinarian at the veterinarian’s own place of business. The fee may be: (1) uniform or based on ability to pay; and (2) waived or reduced for financial hardship.

Missouri

St. Louis

• Any impounded stray animal will be spayed or neutered at the guardian’s expense.
  
• All stray animals caught or impounded by animal control will be microchipped.
  
• Differential licensing charges $50 for unaltered animals and $4 for spayed or neutered animals.
  
• Any citizen who fails to comply with this ordinance will be fined.

Sec. 10.04.150 to 10.04.160 Release fees—dogs or cats. No dog or cat should be finally released unless procedures approved by the Health Commissioner to have it spayed or neutered and micro-chipped for identification have been followed.

Sec. 10.04.065 Neuter Assistance and Education Fund. All fees and penalties collected under the provisions of Sections 10.04.150 and 10.04.160, not to exceed Twenty Thousand Dollars ($20,000) each fiscal year, shall be deposited into a special fund to be known as the Neuter Assistance and Education Fund (the Fund). The purpose of the Fund shall be to offer financial assistance to qualified St. Louis City residents for the spaying and neutering of their dogs and cats and to create public awareness regarding efforts to control pet overpopulation in the City of St. Louis. ... No dog or cat should be finally released unless procedures approved by the Health Commissioner to have it spayed or neutered have been followed.

New Mexico

McKinley County

• Differential licensing charges $25 for unaltered dogs and cats and $5 for spayed or neutered animals.
  
• With proof of sterilization, the county will refund $20 of the unaltered license fee if provided within 45 days.
  
• Breeders are required to pay an additional $35 for a breeder’s permit.

6-2-15: (A) License Fees: 1. The annual license fee for each unneutered or unspayed dog or cat shall be $25.00; $20.00 will be refunded if proof of spaying or neutering is provided to the Center within forty-five (45) days. 2. The annual license fee for each unneutered or unspayed dog or cat which is owned by a person sixty-two (62) years of age or older shall be $25.00 annually; $22.00 will be refunded if spayed or neutered within forty-five (45) days. 3. For each neutered or spayed dog or cat, and for each dog or cat for which neutering or spaying has been certified as a surgical risk, the annual sterilized license fee shall be $5.00. Proof of qualification for sterilized license can only be made with a written certificate from a licensed veterinarian stating that the animal has been neutered or spayed or that neutering or spaying would be a surgical risk for the animal due to the animal’s age or condition. 4. The license fee shall not apply to specially trained dogs owned, harbored or kept for the purpose of assisting the blind or the deaf.

New Jersey

Camden

• Dogs and cats over the age of 6 months must be spayed or neutered.


• Animals with extreme medical conditions are excepted from the ordinance.


• Guardians of animals kept unaltered for any purpose must meet certain animal-care requirements and must obtain an annual permit from the city for $100.


• The law does not apply to animals kept in Camden for fewer than 30 days in a one-year period.
  § 210-39. Spaying or neutering required. [Amended 8-5-1999 by Ord. No. MC-3502]

It shall be unlawful to own, possess or keep in the City any dog or cat over the age of six months that has not been spayed or neutered, except as provided in § 210-40 of this article.
§ 210-40. Exceptions; permit to keep unspayed or unneutered pet.
The above prohibition shall not apply in the following situations:

A. Statement of veterinarian. If a licensed veterinarian states, in writing, that an animal is unfit to undergo the required surgical procedure because of an extreme health condition of the animal. Such extreme health conditions shall include, but not be limited to; severe cardiovascular comprise, bleeding disorder, respiratory disease and hepatic disease. The old age of an animal shall not, of itself, constitute an extreme health condition for purposes of this section.

B. If an animal is kept intact for any purpose, the owner of the animal shall be required to annually obtain a permit from the City to possess an animal that is not spayed or neutered. The permit shall be obtained for $100 and shall be issued or renewed only if the City determines that the following conditions have been met: [Amended 8-5-1999 by Ord. No. MC-3502; 3-22-2001 by Ord. No. MC-3643]

(1) The animal is examined regularly by a licensed veterinarian.
(2) The animal is vaccinated annually for rabies and other common diseases.
(3) The animal is housed properly.
(4) The owner has not been in violation of other animal-related ordinance or state laws in the past 24 months.

C. If an animal is temporarily in the City to participate in a show or event sponsored by a nonprofit, sanctioned animal organization.

D. If an animal is owned, possessed or kept in the City for fewer than 30 days in a one-year period. However, the owner must show proof of ownership and residency in a town other than the City with a valid, up-to-date dog or cat (if applicable) license and other.

New York

New York City

• All shelters and animal control agencies have the authority to spay/neuter all animals that are impounded, whether the animals are adopted or returned to their guardians.
  
• All shelters are required to provide sterilization services (exceptions are made for registered show dogs with proof of registry)
  
• All animals bought from a pet shop must be spayed or neutered.

Chap. 8, Sec. 17-804. Sterilization Required. A. No full-service shelter or other shelter for homeless animals required to have a permit issued pursuant to subdivision (b) of section 161.09 of the New York city health code shall release a dog or cat to a person claiming ownership thereof, or to a person adopting such dog or cat, unless such dog or cat has been sterilized by a licensed veterinarian; provided, however, that such requirement shall not apply: (1) if a licensed veterinarian certifies to such shelter that he or she has examined such dog or cat and found that because of a medical reason, the life of such dog or cat would be endangered by sterilization; provided, however, that such reason shall not consist solely of the youth of such dog or cat, if such dog or cat is at least eight weeks of age.

Chap. 8, Sec. 17-804 (4) b. No pet shop shall release to a consumer a dog or cat that has not been sterilized by a licensed veterinarian; provided, however, that such requirement shall not apply to a consumer who presents to the pet shop a letter from such consumer’s licensed veterinarian, dated within the immediately preceding ten days, stating the reason(s) why, in the opinion of such veterinarian, such dog or cat should not be sterilized until a later specific date, not to exceed four months following the date of such letter. Such letter shall state that such veterinarian will cause such dog or cat to be sterilized at the request of such consumer on or before such later specified date. Such veterinarian shall also provide to the pet shop a certificate, in such form and manner as determined by rules promulgated by the department, stating the date on which such sterilization was performed. Any consumer who provides a pet shop with a letter with respect to a later sterilization of a dog or cat must ensure that such animal is sterilized by the date indicated in the letter.

North Carolina

Asheville

• Requires owners of fertile animals to pay a $100 permit fee and calls for a $200 fine if owners don’t have an animal spayed or neutered within 30 days of receiving a citation.
  
• Makes it illegal to have a fertile animal older than 6 months without purchasing a permit.
  
• Prohibits animal adoption in public places unless the group conducting the adoption has a nonprofit status and unless the animals are spayed or neutered.

Changes to the Animal Control Ordinance Prior to May 17, 2005:

• City Council will have to decide between adopting a differential licensing or fertile animal permit scheme:

A. Differential licensing fees for fertile and unfertile dogs, Sec. 3-5 Annual Registration for Dogs

1. Annual registration for spayed/neutered dogs will be less than that for fertile dogs.
2. Owner must provide proof of sterilization when initially registering a dog.
3. The Fees and Charges Committee will set the annual fertile and unfertile license fees.

B. The Fertile Animal Permit

1. The owner of a fertile animal will have to pay the City a one-time $100.00 permit fee to keep a fertile animal within the
City.
2. The City will only enforce this section if the Animal Control Officer is investigating another violation of the ordinance.
3. If the owner if found to have a fertile animal without a permit, the fine is $200.00
4. If the owner gets the animal spayed or neutered within 30 days of the issuance of the fine, the City will waive the fine.

Buncombe County

• Cats and dogs over the age of 6 months must be spayed or neutered.


• Guardians of unaltered animals are required to hold a $100 unaltered animal permit.
  
• Citations will be issued to those guardians of unaltered animals who do not hold a permit if they are also in violation of any other aspect of the county’s ordinances pertaining to animals.
  
• Service and police dogs, animals kept in the county for less than 30 days, and those certified by a veterinarian to be unfit for alteration because of medical conditions are exempt from the ordinance.

Ordinance # 03-12-16

Ordinance Amending Chapter 6 “Animals” of the County Code of Ordinances

Dog and Cat Overpopulation

Spaying and neutering requirements; unaltered animals permit required. No person shall own or harbor any dog or cat over the age of six months that has not been spayed or neutered unless such person holds an unaltered animal permit issued for such animal by the department of animal services, or any successor agency authorized by law to issue such a permit, except: (a) persons who own or harbor service dogs or police work dogs; (b) individuals who are non-residents of Buncombe County and reside temporarily therein for a period not to exceed thirty days; (c) animal shelters and veterinary hospitals; and (d) persons who own or harbor a dog or cat and who are in possession of a certification signed by a licensed veterinarian stating that such animal is unfit to be spayed or neutered because such procedure would endanger the life of such animal.

Obtaining an Unaltered Animal Permit

Applicants must apply for permits required by this section with the Director of Animal Services. The fee for an unaltered animal permit shall be one hundred dollars. A tag will be issued identifying the animal as an unaltered animal and must be displayed at all times.

Effective date February 1, 2004. For 60 days after the effective date, warning citations will be issued for unaltered animals without a permit. After April 1, 2004, citations will be issued to owners of unaltered animals not holding a permit. If the animal is altered within 30 days, the citation will be waived. A citation will only be issued under this section if the animal is in violation of another provision of Chapter 6.

Ohio

Athens

• Any dog or cat over the age of six months must be spayed or neutered before being sold or given away.
  
• Any dog or cat under the age of six months must have proof of the purchase of spay or neuter services from a licensed veterinarian.
  
• Violations are subject to a minor misdemeanor fine of up to $100 with proceeds paid to the County Sick and Injured Animal Fund.

Section 9.01.09. Spaying and Neutering of Dogs and Cats

It shall be unlawful to sell or give away in the City of Athens, Ohio, any dog or cat over the age of six months that has not been spayed or neutered, except as provided in the exceptions contained herein.

It shall be unlawful to sell or give away in the City of Athens, Ohio, any dog or cat under the age of six months without proof of purchase of spay or neuter services from a licensed veterinarian, including a signed statement from the licensed veterinarian that such services will be rendered by the age of six months.

There is hereby excepted from the provisions of this Athens City Code Section the following:

(A) Any dog or cat that a licensed veterinarian has determined is medically unsuited to undergo the sterilization procedure. A signed statement from a licensed veterinarian is required, and the signed statement shall state specifically the medical grounds for the exemption. When the dog or cat’s medical condition precluding spaying or neutering is temporary, the licensed veterinarian shall sign a written statement as to the prognosis of when the surgery may be performed. The dog or cat shall be spayed or neutered immediately upon the expiration of the medical condition unless the veterinarian signs another written statement indicating the dog or cat's medical condition precludes it.

(B) The breeder of a dog or cat may sell or place their animals intact. The breeder of a dog or cat is defined as a person who owns or leases the dog or cat when the dam or queen was bred. To qualify for this exemption, the breeder must live in the City of Athens, Ohio. Proof of spay or neuter procedures for dogs and cats covered hereunder, shall be the responsibility of the seller, or person giving the dog or cat away. Evidence of spay or neuter procedures shall be available to the Athens City Dog Warden upon request. Any person cited pursuant to this section of the Athens City Code, shall have the citation dismissed, if there is proof of compliance within fourteen days after the date of the citation. Any person found guilty of violating this section of the Athens City Code shall be subject to a minor misdemeanor fine of up to one hundred dollars ($100.00) with proceeds paid to the County Sick and Injured Animal Fund. Each day, after the finding of guilty, that the violation continues shall constitute a separate offense.Virginia

Richmond

• Spaying and neutering is mandatory unless guardians pay $100 a year for a breeder’s permit.
  
• If the guardians fail to purchase the permit, they will be fined an additional $50.
  
• Breeding restrictions limit unsterilized animals to only whelp one litter per animal within the permit year.

Sec. 4-77 (a) No person shall cause or allow any dog or cat owned, harbored or kept within the City of Richmond to breed without first obtaining a breeding permit, as described below. The term “breeding permit” means a written authorization, issued annually by the Department of Public Health, giving its lawful holder permission to breed a dog or a cat. (b) Each breeding permit shall be valid for one year from the date of issuance, and may be renewed annually before its expiration date. Each applicant for such a permit shall pay an annual fee of one hundred dollars ($100.00) per dog or cat. A separate permit must be obtained for each owned dog or cat which is allowed to breed.

Sec. 4-77 (c) (1) The owner of a female dog or cat that is not sterilized shall not allow the whelping of more than one litter per animal in any household within the permit year.

Washington

King County

• All dogs and cats over 6 months old must be spayed or neutered unless the guardian buys an unaltered license for $55.
  
• The county was also very aggressive at marketing its licenses by making various grocery stores, pet supply shops, and veterinary clinics temporary sales outlets as well as operating door-to-door sales.
  
• It is illegal to advertise to King County residents the availability of any unaltered dog or cat.

Chap IV, Sec. 11.04.400. Mandatory Spaying and Neutering A. No person shall own or harbor any cat or dog over the age of six months that has not been spayed or neutered unless the person holds an unaltered animal license for the animal pursuant to K.C.C. 11.04.030.

Chap. IV, Sec. 11.04.510. Unaltered Dogs and Cats. Advertising requirements. No person in unincorporated King County shall publish or advertise to King County residents the availability of any unaltered cat or dog unless the publication or advertisement includes: the unaltered animal’s license number or the animal’s juvenile license number, provided, however that nothing in this chapter shall prohibit licensed breeders from advertising in national publications for sale of a planned litter or litters.

Tacoma

• It is mandatory to spay or neuter animals impounded for the second time.
  
• A licensing differential increased licensing of unaltered animals from $14 to $50.

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