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Model Spay-and-Neuter Ordinances

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

California Belmont City of Clearlake Hesperia Los Angeles City Los Angeles County Pacific Grove Sacramento San Mateo Santa Cruz County Colorado Aurora Denver Lake County Florida Palm Beach County Illinois Rock Island Indiana Bloomington Fort Wayne Hamilton County Maryland Baltimore City Montgomery County Missouri St. Louis

New Jersey Camden New Mexico McKinley County New York New York City North Carolina Asheville Buncombe County Ohio Athens Richmond Rhode Island Texas Houston 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 West 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.

City of Clearlake

• Spaying and neutering is mandatory for dogs and cats over the age of 4 months.
• Anyone intentionally caring or providing for a dog or cat is declared the “owner” of that animal and must sterilize that animal accordingly.
• Certain animals are exempted from this ordinance’s provisions.

7-10.1 No person shall own, harbor, or keep within the City of Clearlake, a dog or cat over the age of four months, which has not been spayed or neutered unless the dog or cat is exempted from the provisions of this section pursuant to Section 7-10.3.
7-10.2 Any person intentionally providing care or sustenance for a dog or cat shall be deemed the owner of such dog or cat and shall comply with Section 7-10.1.
7-10.3 The following animals are exempt from the provisions of Section 7-17.1.

(a) Dogs documented as having been appropriately trained and actually being used by public law enforcement agencies for law enforcement activities, or such dogs designated as breeding stock by an appropriate agency or organization approved by the Director of Animal Care & Control after consultation with knowledgeable professionals;
(b) Dogs having been appropriately trained and actually being used as a service dog, such as a guide dog, hearing dog, assistance dog, seizure alert dog, or social/therapy dog, or such dogs designated as breeding stock by an appropriate agency or organization approved by the Director of Animal Care & Control after consultation with knowledgeable professionals;
(c) Dogs documented as having been appropriately trained and actually being used by search and rescue agencies for search and rescue activities, or such dogs designated as breeding stock by an appropriate agency or organization approved by the Director of Animal Care & Control after consultation with knowledgeable professionals;
(d) Dogs or cats certified by a licensed veterinarian as having a health reason for not being spayed/neutered;
(e) Dogs which are appropriately trained and actually being used for herding of other animals, or as livestock guardian dogs, hunting dogs, or such dogs designated as breeding stock by an appropriate agency or organization approved by the Director of Animal Care & Control after consultation with knowledgeable Professionals;
(f) Dogs or cats boarded in a licensed kennel or a business, which boards such animals for professional training or resale;
(g) Dogs or cats which are registered with the American Kennel Club, the Cat Fancier Association or other recognized registry or trained and kept for the purpose of show, field trials or agility trials.

Section 2: The provisions of this ordinance shall not become operative until June 1, 2006.

Hesperia

• Any impounded animal shall be spayed or neutered at the guardian’s expense before being returned, with the exception of properly tagged and licensed dogs, unless those dogs have been found loose off their guardians’ property on three or more occasions in a three-year period.
• Any impounded animal shall be properly licensed at the guardian’s expense before being returned.
• Licensing charges are $50 a year for unaltered dogs and $12 for spayed or neutered dogs.

6.08.020E Any dog found running at large, running loose, or unrestrained off the owner’s property shall be required to be spayed or neutered and properly licensed, at the owner’s expense before being returned to their owner.

Exception: Any properly tagged and licensed dog shall not be required to be spayed or neutered as above unless found running at large, running loose, or unrestrained off the owner’s property on three or more occasions in a three-year period.

Los Angeles City (see below for Los Angeles County)

• No unaltered cats over the age of four months are allowed to be in a public place unsupervised.
• All dogs and cats must be spayed or neutered after the age of four months. Exemptions are provided for animals used in show and performance competitions, service animals, animals whose health would be endangered by the procedure, and animals with breeding permits.
• Unaltered dogs and cats must be microchipped.
• There is a penalty of $100 or 8 hours of community service for non-compliance, with increasing penalties for continued non-compliance.

Los Angeles Municipal Code 53.15.2

(b) Intact Dogs and Cats:

(1) No person who owns a cat over the age of four months shall cause, permit, or allow the cat to be in a public place unsupervised, unless the cat is spayed or neutered. The term public place shall include, but not be limited to, streets, highways, sidewalks, carnivals, shopping malls, flea markets, boardwalks, and areas in front of commercial establishments. This requirement applies to all unaltered cats, whether or not their owner(s) have obtained breeding permits pursuant to Subsection (c), below.
(2) No person, within the City of Los Angeles, shall own a dog or cat over the age of four months that has not been spayed or neutered, unless valid written documentation is provided to show proof that the animal is exempt from the requirement to be spayed or neutered by reason of one of the following, and is in compliance with Subdivisions (3) and (4) below:

A. The dog or cat is a breed approved by and is registered with a registry or association recognized by the Department through its Commission, whose program and practices are consistent with the humane treatment of animals, and the dog or cat is actively used to show or compete and has competed in at least one legitimate show or sporting competition hosted by, or under the approval of the recognized registry or association within the last two years, or is being trained or groomed to show or compete and is too young to have yet competed.
B. The dog has earned, or if under three years old, is actively being trained and in the process of earning, an agility, carting, herding, protection, rally, hunting, working, or other title from a registry or association approved by the Department through its Commission.
C. The dog is being, or has been appropriately trained and is actively used in a manner that meets the definition of guide, signal or service dog asset forth in Subdivisions (d), (e), and (f) of Section 365.5 of the Penal Code, or the dog is enrolled in a guide, signal or service dog breeding program administered by a person licensed under Chapter 9.5 (commencing with Section 7200) of Division 3 of the California Business and Professions Code.
D. The dog is appropriately trained or is in the process of being trained and is actively used by law enforcement agencies or the military for law enforcement, military or rescue activities.
E. The owner of the dog or cat provides a letter to the Department from a licensed veterinarian certifying that the animal's health would be best served by spaying after a specified date; or that due to age, poor health, or illness it is unsafe to spay or neuter the animal; or that arrangements have been made to spay or neuter the dog or cat within 60 days after the compliance deadline and the dog or cat is spayed or neutered within that 50-day period. This letter shall include the veterinarian's license number, the date by which the animal may be safely spayed or neutered, and updated periodically as necessary. In addition, if the letter from the licensed veterinarian certifies that arrangements have been made to spay or neuter the dog within 50 days from the date the dog reaches the age of four months, and the dog is spayed or neutered within that 50-day period, the owner shall qualify for the lower license fee and license tax for an altered dog. It shall be the owner's responsibility to comply with the spay/neuter provisions of this chapter, including paying the license fee and license tax.
F. The dog or cat has a valid breeding permit issued to the owner pursuant to Subsection (c) below.

(3) An unaltered dog or cat shall be implanted with an animal identification device identifying the owner of the animal.
(4) In addition to meeting one of the exemptions in this section, the dog license application for an unaltered dog shall contain the information requested by the Department, including the identification number of the implanted animal identification device, the name and address of the owner and the location at which the dog will be maintained.
(5) A license for an unaltered dog shall not be transferable, and shall not be issued to any person under the age of eighteen years.
(6) The provisions of this subsection become operative on October 1, 2008. However, an unaltered dog that has a valid dog license from the Department shall not be subject to this subsection until the dog license expires, or October 1, 2009, whichever occurs first.
(7) Any person owning, possessing, harboring or having custody and control of a cat or dog in violation of Subsection (b) or Subdivision (3) shall be given a notice to comply, and information regarding free and subsidized spay and neuter services. If the violation is not corrected within 50 days, it shall be deemed a second violation and the person shall pay a civil penalty in the amount of $100.00 or shall be allowed to perform eight hours of community service. The person must still spay or neuter the dog or cat. Failure to pay the civil penalty or perform the community service and/or failure to comply with the spay or neuter requirements of this section within the 60 day period, or any extension of that period permitted by the Department, shall be deemed a third violation. The Department shall impose a civil penalty in the amount of $500.00 or allow the person to perform forty hours of community service, in addition to spaying or neutering the dog or cat. After July 1, 2009, if after sixty days from the date of notification of a third violation, the $500.00 civil penalty is not paid or the forty hours of community service is not performed and/or the owner still has not spayed/neutered his/her dog(s) or cat(s) as required under Subsection (b) above, the continuing violation of this section may also be deemed a misdemeanor.
(8) There is hereby established an Animal Services Spay/Neuter Advisory Committee (Committee) for the purpose of advising the Board of Animal Services Commissioners on the impact of the City's spay/neuter policies on the City's low income residents. The Committee shall seek regular and systematic input on its recommendations, especially from low income residents.

A. The membership of the Committee shall consist of fifteen persons appointed by the City Council, with each Council member appointing one-person to the Committee.
B. The General Manager of the Department, or their designee, shall serve as a non-voting Secretary of the Committee.
C. The Committee shall select one of its members to be the chair of the Committee. The chair will also be the conduit between the Committee and the Commission, and if needed, with the Mayor and the City Council.
D. All proceedings of the Committee shall be subject to the provisions of the California Government Code Section 54950, et seq., as amended(Brown Act).
E. The Committee shall meet as frequently as necessary but at least four times during the year. The meetings of the Committee may be conducted by teleconference as provided in the Brown Act.
F. The members of the Committee shall serve without compensation, including any travel or per diem expenses.
G. The Committee shall complete its work and dissolve by October 30,2009.
H. The Committee shall do the following:

(1) Review the impact of the spay/neuter policies on the City's low income residents.
(2) Review the number of animals spayed/neutered, total exemptions provided, the waiting list if any for the spay/neuter services, the amount and timing of committed funding, and recommendations for legislative and administrative action needed tonsure that funding is allocated promptly to qualified providers of the spay/neuter programs.
(3) Review the quality of services and accountability measures.
(4) Review challenges faced by the spay/neuter program that impede the provision of best possible services.
(5) Make recommendations on any improvements and changes tithe spay/neuter program that will enhance its services and reduce the financial burden of the program on residents in low income areas.
(6) Provide a preliminary written report containing an evaluation of the program and any recommendations to the Commission, and provide a copy to the Mayor and the City Council by March 30, 2009,and a final report by October 30, 2009.

Los Angeles County (see above for Los Angeles City) – This law covers the unincorporated areas of the county.

• Dogs over four months old must be microchipped.
• Dogs over four months old must be spayed or neutered. Exemptions are provided for dogs used in show and performance competitions, service animals, or dogs whose health would be endangered by the procedure.
• Reasons for which an unaltered dog license could be revoked include allowing a female dog to have more than one litter per year, or more than four litters in her lifetime.
• There is a penalty of not more than $250 for non-compliance, with increasing penalties (including possible imprisonment) for continued non-compliance.
• Dogs who are impounded and who do not have an unaltered license must be spayed or neutered before being reclaimed.
• No shelter, animal control agency, or rescue society shall release cats who have not been spayed or neutered.
• The license fee for spayed or neutered cats will be half (or less) than the license fee for unaltered cats.
• If an unaltered cat is impounded, there is a penalty of $35, with increasing fines for subsequent occurrences.

10.20.185 Microchipping of dogs required.

All dogs over the age of four months must be implanted with an identifying microchip. The owner or custodian is required to provide the microchip number to the department, and shall notify the department and the national registry applicable to the implanted chip, of a change of ownership of the dog, or a change of address or telephone number. (Ord. 2006-0029 § 4, 2006.)

10.20.350 Mandatory spaying, neutering of dogs. [Editor’s note: For statutory provisions on the regulation of cats, see below for California State Food and Agriculture Code § 31750 et seq.]

A. No person may own, keep, or harbor a dog over the age of four months in violation of this section. An owner or custodian of an unaltered dog must have the dog spayed or neutered or obtain an unaltered dog license in accordance with Section 10.20.355.
B. The owner or custodian of a dog which is unable to be spayed or neutered without a high likelihood of suffering serious bodily harm or death due to age or infirmity, must obtain written confirmation of that fact from a licensed veterinarian. The writing must also state the date by which the dog may be safely spayed or neutered. If the dog is unable to be spayed or neutered within 30 days, the owner or custodian must apply for an unaltered dog license. (Ord. 2006-0029 § 5 (part), 2006.)

10.20.355 Unaltered dog license--Requirements.

An owner or custodian of an unaltered dog over the age of four months must obtain an annual unaltered dog license for the dog. The license shall be issued if the department has determined that all of the following conditions are met:

A. The dog is one of the following: a competition dog as defined in Section 10.08.095; a dog used by a law enforcement agency for law enforcement purposes; a qualified service or assistance dog as defined in Section 10.20.090; or a dog which is unable to be spayed or neutered as set forth in Section 10.20.350 B;
B. The owner or custodian has submitted the required application and has paid the fee set forth in Section 10.90.010(VI)(A); and
C. The unaltered dog will be maintained in accordance with the provisions of Los Angeles County Code Section 10.40.010, and with applicable state animal care and control laws. (Ord. 2006-0029 § 5 (part), 2006.)

10.20.360 Denial or revocation of unaltered dog license--Grounds and re-application.

A. The department may deny or revoke an unaltered dog license for one or more of the following reasons:

1. The applicant or licensee is not in compliance with all of the requirements of Section 10.20.355;
2. The department has received at least one complaint, verified by the complainant under penalty of perjury, that the applicant or licensee has allowed a dog to run loose or escape, or has otherwise been found to be neglectful of his or her dog or other animals;
3. The applicant or licensee has been previously cited for violating a state law, county code or other municipal provision relating to the care and control of animals;
4. The unaltered dog has been adjudicated by a court or an agency of appropriate jurisdiction to be a potentially dangerous or vicious dog, or to be a nuisance within the meaning of the Los Angeles County Code or under state law;
5. Any unaltered dog license held by the applicant has been revoked;
6. A female unaltered dog has had more than one litter per year, or five or more litters in her lifetime; or
7. The license application is discovered to contain a material misrepresentation of fact.

B. Re-application for unaltered dog license:

1. When an unaltered dog license is denied, the applicant may re-apply for a license upon a showing that the requirements of Section 10.20.355 have been met. The department shall refund one-half of the license fee when an application is denied. The applicant shall pay the full fee upon re-application.
2. When an unaltered dog license is revoked, the owner or custodian of the dog may apply for a new license after a thirty-day waiting period upon a showing that the requirements of Section 10.20.355 have been met. No part of an unaltered dog license fee is refundable when a license is revoked and the applicant shall pay the full fee upon re-application. (Ord. 2006-0029 § 5 (part), 2006.)

10.20.370 Transfer, sale and breeding of unaltered dog.

A. Offer for sale or transfer of unaltered dog: An owner or custodian who offers any unaltered dog for sale, trade, or adoption must include a valid unaltered dog license number with the offer of sale, trade or adoption, or otherwise state and establish compliance with Section 10.20.350. The license and microchip numbers must appear on a document transferring the dog to the new owner.
B. Transfer of unaltered dog: The owner or custodian of an unaltered dog over the age of four months, which is not a competition dog as defined in Section 10.08.095, must demonstrate compliance with Section 10.20.350 and 10.20.185 prior to the transfer, and must notify the department of the name and address of the transferee within ten days after the transfer.
C. Notification of litter and sale or transfer of puppies: Within thirty days after a litter is born to a female dog, the owner or custodian of the female dog shall advise the department in writing of the number of live born puppies. When a puppy under the age of four months is sold or otherwise transferred to another person, the owner or custodian shall advise the department of the name and address of the new owner or custodian, and the microchip number of the puppy, if applicable, within ten days after the transfer. (Ord. 2006-0029 § 5 (part), 2006.)

10.20.375 Penalties.

The penalties for violations of any provision of this part are as follows:

A. First violation. A first violation shall be an infraction punishable by a fine not to exceed $250. If the owner or custodian fails to correct the underlying cause of the violation within 30 days after being notified of the violation, it shall be deemed a second violation.
B. Second violation. A violation within a year of a first violation shall be deemed a second violation. A second violation is a misdemeanor punishable by imprisonment in the county jail for a period not to exceed six months or by a fine not to exceed $1,000, or by both such fine and imprisonment. Each subsequent violation within one year shall be considered an additional misdemeanor. (Ord. 2006-0029 § 5 (part), 2006.)

10.20.380 Impoundment of unaltered dog.

A. When an unaltered dog is impounded, the owner or custodian may reclaim the unaltered dog when one of the following occurs:

1. The dog is spayed or neutered by a department veterinarian at the expense of the owner or custodian. Such expense may include additional fees due to extraordinary care required;
2. The dog is spayed or neutered by another department approved veterinarian. The owner or custodian may arrange for another department approved veterinarian to spay or neuter the dog, and shall pay to the department the cost to deliver the dog to the chosen veterinarian. The cost to deliver the dog shall be based on the department’s hourly rate established by the Auditor-Controller, billed in minimum one hour increments. The veterinarian shall complete and return to the department within ten days, a statement confirming that the dog has been spayed or neutered and shall release the dog to the owner or custodian only after the spay or neuter procedure is complete; or,
3. At the discretion of the director, the dog may be released to the owner or custodian if he or she signs a statement under penalty of perjury, representing that the dog will be spayed or neutered and that he or she will submit a statement within ten days, signed by the veterinarian, confirming that the dog has been spayed or neutered.
4. If the owner or custodian demonstrates compliance with Section 10.20.350.

B. Costs of Impoundment.

1. The owner or custodian of the unaltered dog shall be responsible for the costs of impoundment, which shall include daily board costs.
2. The costs of impoundment shall be a lien on the dog, and the unaltered dog shall not be returned to its owner or custodian until the costs are paid. If the owner or custodian of an impounded unaltered dog does not pay the lien against the dog in full within fourteen days, the dog shall be deemed abandoned to the department in accordance with Section 10.36.310. (Ord. 2006-0029 § 5 (part), 2006.)

Regulation of cats, as provided by the California State Food and Agriculture Code

31751.3. (a) (1) Except as otherwise provided in subdivision (b), no public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall sell or give away to a new owner any cat that has not been spayed or neutered.
(2) For the purposes of this section, a "rescue group" is a for-profit or not-for-profit entity, or a collaboration of individuals with at least one of its purposes being the sale or placement of cats that have been removed from a public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane shelter or that have been previously owned by any person other than the original breeder of that cat.
(b) (1) If a veterinarian licensed to practice veterinary medicine in this state certifies that a cat is too sick or injured to be spayed or neutered, or that it would otherwise be detrimental to the health of the cat to be spayed or neutered, the adopter or purchaser shall pay the public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group a deposit of not less than forty dollars ($40), and not more than seventy-five dollars ($75).
(2) The entity shall establish the amount of the deposit at the level it determines is necessary to encourage the spaying or neutering of cats.
(3) The deposit shall be temporary, and shall only be retained until the cat is healthy enough to be spayed or neutered, as certified by a veterinarian licensed to practice veterinary medicine in this state.
(4) The cat shall be spayed or neutered within 14 business days of that certification.
(5) The adopter or purchaser shall obtain written proof of spaying or neutering from the veterinarian performing the operation.
(6) If the adopter or purchaser presents proof of spaying or neutering to the entity from which the cat was obtained within 30business days of obtaining the proof, the adopter or purchaser shall receive a full refund of the deposit.
(c) Public animal control agencies or shelters, society for the prevention of cruelty to animals shelters, humane society shelters, and rescue groups may enter into cooperative agreements with each other and with veterinarians in lieu of requiring spaying and neutering deposits to carry out this section.
(d) Any funds from unclaimed deposits made pursuant to this section, as it read on January 1, 1999, and any funds from deposits unclaimed after January 1, 2000, may be expended only for programs to spay or neuter cats and dogs, including agreements with a society for the prevention of cruelty to animals or a humane society or licensed veterinarian, to operate a program to spay or neuter cats and dogs.
(e) This section only applies to a county that has a population exceeding 100,000 persons as of January 1, 2000, and to cities within that county.

31751.5. Whenever a city or county requires cat license tags, any such tag shall be issued for one-half or less of the fee required foray cat, if a certificate is presented from a licensed veterinarian that the cat has been spayed or neutered.

31751.6. Any licensed cattery may be exempted pursuant to regulation or ordinance from any requirement to obtain a license tag for each cat within the cattery.

31751.7. (a) The owner of a nonspayed or unneutered cat that is impounded once by a city or county animal control agency or shelter, society for the prevention of cruelty to animals, or humane society, shall be fined thirty-five dollars ($35) on the first occurrence, fifty dollars ($50) on the second occurrence, and one hundred dollars($100) for the third or subsequent occurrence. These fines are for unneutered impounded animals only, and are not in lieu of any fines or impound fees imposed by any individual city, county, public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter.
(b) An animal control officer, humane officer, police officer, peace officer, or any agency authorized to enforce the Penal Code may write citations with a civil penalty stated in an amount corresponding to the violation as provided in subdivision (a). The fines shall be paid to the local municipality or public animal control agency or shelter, society for the prevention of cruelty to animals shelter, or humane society shelter. Any funds collected under this section shall be expended for the purpose of humane education, programs for low cost spaying and neutering of cats, and any additional costs incurred by the animal shelter in the administration of the requirements of this division.
(c) Local ordinances concerning the adoption or placement procedures of any public animal control agency or shelter, society for the prevention of cruelty to animals shelter, humane society shelter, or rescue group shall be at least as restrictive as this division.
(d) This section applies to each county and cities within each county, regardless of population.
(e) No city or county, society for the prevention of cruelty to animals, or humane society is subject to any civil action by the owner of a cat that is spayed or neutered in accordance with this section.

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.

Sacramento County

• All dogs and cats over the age of 4 months must be spay/neutered
• Licensing charges are $15 a year for altered animals and $150 a year for unaltered animals

8.24.030 b. No owner shall possess or harbor within the county any dog or cat over the age of four (4) moths that has not been sterilized, unless such person holds an unaltered license, unaltered license with reduced fee, or is otherwise exempted as set forth in Section 8.08.030 or 8.24.030(m). Upon written certification of a veterinarian that a dog or cat has been surgically sterilized, the amount of license fee shall be one-half or less than the fee established for intact dogs or cats.

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.

Santa Cruz County, California

• Spaying and neutering is mandatory for dogs and cats over the age of 6 months unless the caretaker receives written authorization by the director of animal control giving permission to maintain an unaltered dog or cat.
• Anyone intentionally caring or providing for a dog or cat is declared the “owner” of that animal and must sterilize that animal accordingly.
• Feral cat colony caretakers are required to trap cats over the age of 8 weeks and have them spayed or neutered.
• Breeders are permitted to allow their animals to have only one litter in a 12-month period.

6.10.030. A. No person shall own, harbor or keep within the unincorporated area of Santa Cruz County, a dog or cat over the age of six months, which has not been spayed or neutered unless such person holds an unaltered animal certification for the animal issued pursuant to Section 6.10.050.

6.10.030. B. Any person intentionally providing care or sustenance for a dog or cat shall be deemed the owner of such dog or cat and shall comply with this section.

6.10.040 A. It is unlawful for any person within the unincorporated area of the county intentionally to provide food, water or other forms of sustenance to a feral cat colony unless the person furnishes the director of animal control services with a signed statement agreeing to the following conditions:
1. Register with the director of animal control services as caring for feral cats;
2. Regularly feed the cat colony, including weekends and holidays;
3. Regularly and frequently trap the cats over the age of eight weeks and have them spayed or neutered;
4. Arrange to have all trapped cats tested for feline leukemia and feline immune deficiency virus, and to have those who test positive humanely euthanized or isolated indoors;
5. Identify all trapped cats by tipping their ears; and
6. Arrange to have all trapped cats vaccinated for rabies in addition to any other vaccination or immunization requirement imposed by the state.

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.

Florida

Palm Beach County, Florida

• Spaying and neutering is mandatory for dogs and cats who are 6 months old and older unless the guardian obtains an unaltered dog/cat license permit.
• Every cat in a feral cat colony must be spayed/neutered.
• Breeders shall not breed more than two litters or more than 19 dogs, cats, puppies, or nine kittens during a calendar year.

Part 6. Chapter 4, Section 28. (b) Spaying, neutering of dogs and cats.

(1) No person may own, keep, or harbor a dog or cat six (6) months of age or older that has not been spayed or neutered unless such person holds an unaltered license tag for each unaltered dog or cat, unless the dog or cat is otherwise exempt under this Ordinance.

(2) An owner of an unaltered dog or cat will be allowed to maintain the unaltered animal in Palm Beach County if any of the following criteria is met: 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 or more national or international clubs, associations, or registries. For a dog or cat that is not spayed or neutered due to current use as a show or competition dog or cat as provided herein, the license tag fee established by the Board for unsterilized dogs or cats shall apply. b. A veterinarian licensed in the State of Florida certifies in writing that a specific 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. For a dog that is not spayed or neutered due to current use by a law enforcement agency for law enforcement purposes as provided herein, the license tag fee established by the Board for police dogs shall apply. d. The dog or cat is a qualified guide dog or service animal as defined in Section 2 this Ordinance or is part of a recognized guide/service animal breeding program approved by the Division and is currently being bred or evaluated to produce guide/service animals. For a dog or cat that is not spayed or neutered due to current use as a qualified guide dog or service animal as provided herein, the license tag fee established by the Board for such animals shall apply. e. The owner wishes to keep the dog or cat unsterilized and certifies in writing to the Division that the dog or cat will not be bred or used for stud purposes unless an appropriate breeder permit is first obtained from the Division. For a dog or cat that is not spayed or neutered but will not be used for breeding or stud purposes, the license tag fee established by the Board for unsterilized animals shall apply.

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

• Owners of fertile animals are required 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.
• It is illegal to have a fertile animal older than 6 months without purchasing a permit.
• Animal adoption in public places is prohibited unless the group conducting the adoption has a nonprofit status and unless the animals are spayed or neutered.

Sec. 3-5 (b) Spaying and neutering requirements. Any person owning, keeping, harboring, or having custody of any dog or cat 6 months of age or older is required to spay or neuter said animal unless said person holds an unaltered animal permit issued by the license-collecting agent of the City, or any successor agency authorized by law to issue said permit, except:

(1) Persons who own, keep, harbor, or have custody of registered service dogs or working police dogs;
(2) Individuals who are non-residents of the City and reside temporarily therein for a period not to exceed thirty (30) days within a 12-month period;
(3) Animal shelters and veterinary hospitals; and
(4) Persons who own, keep, harbor or have custody of a dog or cat and who are in possession of a certification signed by a licensed veterinarian stating that the animal is unfit to be spayed or neutered because the procedure would endanger the life of the animal.

Sec. 3-5 (c) Obtaining an unaltered permit. Applicants must apply for unaltered permits with the license-collecting agent of the City. The lifetime fee for an unaltered animal permit shall be $100.00.

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.

Rhode Island

• Guardians are required to spay and neuter all cats over the age of 6 months, unless they pay a hefty price for a breeder?s permit for an intact animal.
• Violators are fined $75 for every month that they don?t comply; these fees are collected in Rhode Island?s spay and neuter fund.
• For those who cannot afford to alter their animals, subsidies are included to help low-income families reduce the overpopulation crisis.

4-24-3. Spaying and neutering. (a) No person, as defined by section 4-19-2, shall own or harbor, within the state, any cat over the age of six (6) months which has not been spayed or neutered, unless such person has adopted a cat from a licensed releasing agency as defined by section 4-19-2 and is subject to the spaying and neutering requirements of section 4-19-16 or holds either a license to keep an unaltered cat, or a license and permit for breeding cats issued by the animal control officer for the city or town in which they live, or unless the caretaker states that, due to age, health or illness it would be inappropriate to spay or neuter the cat and having in their possession a letter from a licensed veterinarian stating such, which shall be provided to the animal control officer. (b) An "intact" permit shall be issued for an unaltered 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. An "intact" permit may be issued by the animal control officer to an individual who refuses to spay or neuter their cat. The fee for such a permit shall be one hundred dollars ($100) per year. All funds from "intact" permits shall be deposited in the city or town's spay/neuter account. (c) Any person providing care or sustenance for an uninterrupted period of sixty (60) days or longer shall be deemed the owner of such animal and shall adhere to the provisions of this chapter. Provided, further, that cities and towns may, by ordinance, require a permit of persons who provide care or sustenance for colony(s) of feral cats.

4-24-13. Low-cost spay/neuter accounts. (a) All revenue generated pursuant to sections 4-24-9 and 4-24-10 shall be deposited in the respective city and towns spay/neuter accounts. Said funds shall be divided equally with fifty percent (50%) of which to be reserved for the exclusive use of funding a low-cost spay/neuter program for the animals of persons who qualify for one of the following public assistance programs or any other public assistance program as determined by the city or towns animal control officer:

(1) Any program which qualifies as public assistance pursuant to chapter 40-6;
(2) The food stamp program authorized by Title XIII of the federal Food and Agriculture Act of 1977, 7 USC 2011 et seq.;
(3) The supplemental security income program authorized by Title XVI of the federal Social Security Act, 42-USC 1381 et seq.;
(4) The federal Temporary Assistance for Needy Families Act authorized by 42 USC 601 et seq.; or
(5) The Medicaid program authorized by Title IX of the federal Social Security Act, 42 USC 1381.
Persons who are eligible for any of the aforementioned programs must provide proof that he or she is an eligible person to the animal control officer of that city or town to qualify for the low-cost spay/neuter provisions of this section.
(b) All remaining funds shall be deposited in the respective city or towns spay/neuter account to fund the spaying and neutering of animals currently residing in the city or towns pound and to fund low-cost spay/neuter programs.

Texas

Houston

A breeding and selling ordinance, which became effective July 1, requires anyone selling cats or dogs that aren't spayed or neutered to purchase a $100 annual permit. First-time offenders will get a warning with 30 days to comply. A citation can carry a fine of between $50 and $2,000.  

DIVISION 4. BREEDING AND SELLING*

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*Editor's note:  Ord. No. 2007-148, § 11, adopted January 31, 2007, amended Ch. 6, Div. 3 in its entirety to read as herein set out. Formerly, said division was entitled Impoundment generally. 

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Sec. 6-111. Permit required.

It shall be unlawful for any person to operate as a commercial breeder without a valid breeder's permit.

(Ord. No. 07-148, § 11, 1-31-07)

Sec. 6-112. Application for permit.

(a)   A person who wishes to operate as a commercial breeder may apply to the director for a breeder's permit. An application for a breeder's permit shall include:

(1)   The name, address, and telephone number of the applicant;
(2)   The name, address, and telephone number of the location where the breeding will be conducted;
(3)   A description of the types of animals to be bred; and
(4)   Any other information deemed necessary by the director.

(b)   The director shall issue the breeder's permit if the applicant meets the qualifications to obtain such permit. A breeder's permit shall be denied if the applicant fails to:

(1)   Complete the application for a breeders permit;
(2)   Properly restrain the dogs and cats in his care and custody;
(3)   Adequately care for and protect the dogs and cats in his care and custody;
(4)   Meet all requirements specified on the commercial breeder permit; or
(5)   Pay all required fees pertaining to the breeder's permit.

(Ord. No. 07-148, § 11, 1-31-07)

Sec. 6-113. Grounds for revocation.

A breeder's permit shall be revoked if the permit holder fails to comply with the provisions set forth in subsection (b) of section 6-112 of this Code.

(Ord. No. 07-148, § 11, 1-31-07)

Sec. 6-114. Fees.

The annual fee for a breeder's permit shall be $100.00. A permit shall expire one year from the date of issuance and must be renewed prior to its expiration. Failure to timely renew a permit will result in the assessment of a late fee of $25.00 against the permit holder.

(Ord. No. 07-148, § 11, 1-31-07)

Sec. 6-115. Notice of denial or revocation.

If the director denies an application or a request for renewal, or revokes an existing permit, he shall provide notice of the denial or revocation to the applicant or permit holder in writing not later than the 10th business day after the determination to deny an application or renewal or to revoke a permit. The notice of denial or revocation shall be sent to the permit holder or applicant by certified mail, return receipt requested, addressed to the permit holder or applicant.

(Ord. No. 07-148, § 11, 1-31-07)

Sec. 6-116. Appeal.

A person may appeal the denial or revocation of a permit by delivering a written request for an appeal to the director not more than 10 days after the first date of mailing written notice of denial or revocation.

(Ord. No. 07-148, § 11, 1-31-07)

Sec. 6-117. Hearing.

(a)   The director shall cause written notice to be given to the applicant or permit holder that a hearing on his appeal will be conducted. Such notice shall include the following:

(1)   The place where the hearing will be conducted; and
(2)   The date and time of the hearing, which shall be not later than the tenth day after the date the notice was sent to the applicant or permittee; provided that the hearing officer may continue the hearing upon the written request of the licensee.

(b)   All hearings shall be held by a hearing officer appointed by the director of the health and human services department, who shall not designate any person to perform the duties of hearing officer under this section who has prior knowledge of the circumstances regarding the denial or revocation of the permit. The hearing officer, may, prior to the hearing, receive a copy of the notice given to the applicant or permit holder.

(c)   An assistant city attorney may be present at the hearing to advise the hearing officer as to procedural matters; however, the attorney shall not participate in any determination of the facts.

(d)   All hearings shall be conducted under rules consistent with the informal nature of the proceedings; provided, however, the following rules shall apply to all hearings:

(1)   All parties shall have the right to representation by an attorney licensed to practice in Texas though an attorney is not required.
(2)   Each party may present witnesses in his own behalf.
(3)   Each party has the right to cross examine all witnesses.
(4)   Only evidence presented before the hearing officer at the hearing shall be considered in rendering the decision.

(e)   The hearing officer may affirm or reverse a permit denial or a permit revocation. The decision of the hearing officer shall be final and shall be delivered in writing to the applicant or permit holder in the same manner as a notice under section 6-115 of this Code.

(Ord. No. 07-148, § 11, 1-31-07)

Sec. 6-118. Roadside and flea market sales.

(a)   It shall be unlawful for any person to sell, trade, barter, lease, rent, give away, or display for a commercial purpose a live animal on a roadside, public right-of-way, commercial parking lot, or at an outdoor special sale, swap meet, flea market, parking lot sale, or similar event.

(b)   This section does not apply to:

(1)   An agent of a business that has a certificate of occupancy from the building inspection division authorizing the occupancy of the premises for purposes of operating a business selling pets;
(2)   Reserved.
(3)   An event primarily for the sale of agricultural livestock such as hoofed animals or animals or fowl commonly raised for food, dairy, or fiber products; or
(4)   A tax-exempt non-profit organization founded for the purpose of providing humane sanctuary or shelter for abandoned or unwanted animals.

(Ord. No. 07-148, § 11, 1-31-07)

Sec. 6-119. Penalty.

A violation of this division shall constitute a Class C misdemeanor.

(Ord. No. 07-148, § 11, 1-31-07)
Sec. 6-120. Reserved.

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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