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  #1  
Old 09-28-2005
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Default Mandatory spay neuter laws?

Does anyone have any mandatory spay neuter laws on the book? I am looking into the possibility of some sort of a law that requires outside dogs and cats to be spayed or neutered. Does anyone have a good cat at large law? Or any good way of enforcing id tags on cats? I hate to reinvent a wheel if it is already out there. Thanks
Kim
Email any aplicable laws to
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or post them here. Thanks a bunch
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  #2  
Old 09-29-2005
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Default Don't Over Do It!

We have the same at large laws for cats that we have for dogs. Cats and dogs must wear both a current Rabies tag, and a City license. They must be confined to the property of the owner or be on a leash. That takes all of the conjecture about fairness out of the equation. I could get them to you if that would help.

I'm not sure about the about the mandatory spay neuter laws, you may want to check the U.S. Constitution. I know that a few Cities here in Texas have elevated impound fees, and require spay/neuter to reclaim an impounded animal. I don't even think that is appropriate in some cases.
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Old 09-29-2005
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WE HAVE RUNNING AT LARGE LAWS. THE ONLY SPAY AND NEUTER LAW IS THE ANIMAL IS SPAYED OR NUETERED BEFORE WE CAN ADOPT IT. I CAN'T SEE IT HAPPENING AS A CITY GOV. ISSUE UNLESS THEY HAVE A ORDINANCE AGAINST IT. IT'S WORTH A TRY BUT I DON'T THINK IT WOULD PASS.
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Old 09-29-2005
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No cat leash law here, although I can charge an owner with 'nuisance' cats, if they are tearing up someone's garden or poopin in it.

We have a 'breeding permit law' that is intended to make people who do not want their pets steralized to purchase a $100 permit every year.

The judges interprit this law in two ways:
1: As we would like them to, which is if the person has not steralized their animal, they must have the permit, thus making it almost impossible for people to afford, making the owners spay/neuter their pets.
2: The way we don't like them to, which is that they feel the law was written for people who actually 'breed' their dog/s, to have to obtain the permit, thus forcing us to prove that the owner is intentionally breeding. After many cases and arguments in court though, all three of my GD judges enforce number 1.

Here is how the law is written: 10-228(b) is what has enabled us to enforce this code to any animal owner whether they are not breeding, unintentionally breeding or breeding. I hope it helps.



DIVISION 5. BREEDING AND TRANSFER*

__________
*State law references: Regulation of pet shops, sale of animals, Code of Virginia, 3.1-794.84, 3.1-796.70, 3.1-796.72.

__________


Sec. 10-226. Definitions.
The following words, terms and phrases, when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Animal owner means any person harboring, keeping or providing care or sustenance to a domestic animal on property that such person owns, rents or leases. Such a person shall be subject to the requirements of this division. This definition does not apply to government agencies, animal rescue organizations which have demonstrated to the director that they have implemented an ongoing spay/neuter program as well as an adoption program, or Humane Societies or societies for the prevention of cruelty to animals if such societies are incorporated under state law.
(Code 1993, 4-75)
Cross references: Definitions generally, 1-2.

Sec. 10-227. Unsupervised cats.
(a) No person who owns a cat over the age of four months shall cause, permit, or allow such animal to be in a public place unsupervised, unless the cat is sterilized. The term "public place" shall include but not be limited to streets, highways, alleys, sidewalks, parks, carnivals, shopping malls, flea markets, and areas in front of commercial establishments. This requirement applies to all cats that are not sterilized, whether or not the cat's owner has obtained a breeding permit pursuant to section 10-228.
(b) The failure to comply with any of the requirements mentioned in subsection (a) of this section is an infraction punishable by a civil penalty of $50.00 for the first occurrence, $75.00 for the second occurrence and $100.00 for each subsequent occurrence.
(Code 1993, 4-76)

Sec. 10-228. Breeding permit.
(a) As used in this section, 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) No person shall own, harbor or keep an unspayed or unneutered dog or cat in the city that is over the age of four months without obtaining a breeding permit as provided in this section.
(c) 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 per dog or cat as set forth in appendix A to this Code. A separate permit must be obtained for each owned dog or cat which is allowed to breed.
(d) The division of animal control shall administer an animal breeding permit program to allow the breeding of dogs and cats that are not sterilized consistent with criteria and according to procedures established by the director. Under no circumstances shall such a permit be issued to a person who has been convicted of animal cruelty or neglect. In addition to the criteria and procedures established by the director pursuant to this subsection, all breeding permits shall contain the following terms and conditions:
(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. Notwithstanding this requirement, the director 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 director, that such breeding is required to protect the health of the animal or to avert a substantial economic loss to the permittee. If a permittee is forced to euthanize a litter of dogs or cats for medical reasons, the director may authorize the whelping of one additional litter of dogs or cats within the same permit year by the permittee without penalty;
(2) No offspring may be sold, adopted, bartered, or otherwise transferred, whether for compensation or otherwise, until it has reached the age of at least seven weeks;
(3) No offspring may be sold, adopted, bartered or otherwise transferred until immunized against common diseases. The sale, adoption, bartering or transfer 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;
(4) 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 receives any animal from the permit holder and include the permit number on any receipt of sale or transfer document;
(5) Commercial establishments that sell dogs or cats bred within the city shall prominently display the breeding permit number of the breeder whose dogs and cats are sold in such establishments and any other pertinent information required by the director. Commercial establishments that sell dogs and cats which were not bred within the city shall prominently display the name and address of the breeder of such dogs and cats and any other pertinent information required by the director;
(6) Any breeding permit holder selling or otherwise transferring a dog or a cat, whether for compensation or otherwise, shall submit to the city's division of animal control the name, address and telephone number of the animal's new owner within five days from the sale or other transfer, on a city-approved form; and
(7) 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 the city application for a license and breeder's permit as well as written information regarding the license and permit requirements of the city applicable to such animal.
(e) 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 dogs, signal dogs, or service dogs pursuant to state law;
(3) Dogs and cats certified by a licensed veterinarian as not being suitable subjects for spaying and neutering due to medical reasons;
(4) Dogs and cats under the care of governmental animal control agencies; animal rescue organizations which have demonstrated to the director 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, if such societies are incorporated under state law; and
(5) Dogs documented as enrolled in a guide dog, signal dog or service dog breeding program administered by a person licensed under state law.
(Code 1993, 4-77)

Sec. 10-229. Penalties for breeding violations.
(a) Any cat or dog owner found by the department of public health to be in violation of the breeding permit requirements of section 10-228 may correct the violation by providing conclusive proof to the department that the dog or cat has been sterilized; by authorizing the department to have the animal sterilized, at the owner's expense, prior to the animal's release; or by obtaining a breeding permit as required by section 10-228 prior to the animal's release. If the owner fails to correct the violation as provided in this subsection, the department shall impose a civil penalty of $150.00 on such dog or cat owner. Notice of this penalty shall be served by the department on the dog or cat owner in person or via certified letter. This penalty shall not be waived by the department upon the transfer or abandonment of the animal by the noncompliant owner.
(b) The department may revoke any permit issued pursuant to this section upon a finding that the permit holder has violated the terms and conditions of this section. Such a finding shall be made only after giving the owner of the animal in question notice of the violations and an opportunity to explain such violations to the department.
(Code 1993, 4-7
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  #5  
Old 09-29-2005
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Hi AC1OH - these links may help you:

http://www.instituteforanimalrightsl...pay-neuter.htm
http://www.law.com/jsp/article.jsp?id=1126775110612

Lot of activity on that topic in RI recently:
http://www.turnto10.com/news/5000186/detail.html

Mandatory in Clearlake, CA:
http://www.record-bee.com/Stories/0,...034099,00.html
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Old 09-29-2005
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Default THANKS!

Thank you all. I appreciate the help. I like having a variety of options to give council to look over.They can decide which angle suits the City best.
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Old 10-04-2005
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FYI - The final passage of the Mandatory Spay/Neuter Ordinance regarding cats passed tonight at the East Providence City Council Meeting. The measure was introduced by Mayor Joseph Larisa. This is going to be a model for Rhode Island. (They will get to the canine mandatory spay/neuter at a later date).
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  #8  
Old 10-05-2005
ArcticACO ArcticACO is offline
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Are laws up here require animals to be spayed or neutered before adoption also. We also have a an oppurtunity to require a spay or neuter of animals if they were involved in a bite incident, the owners can apeal the decision to our Animal Control Commision. Besides are Animals running at large laws, we also have a law wich prohibits an animal in season to be confined in such a manner that a male cannot come into contact with it, with exception of planned breeding. I havent used this statute myself, but could be usefull in some situations.
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  #9  
Old 10-08-2005
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Default S/N laws

I doubt you could get it passed just for outside cats & dogs. I think it would be deemed un-constitutional even tho I understand the reasoning. It would discriminate against the outside only animals. Good luck, I'd love to see mandatory S/N laws everywhere.
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Old 10-10-2005
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Default I love puppies

Should it be mandatory to spay or neuter a pet?
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