Proposed Mandatory Spay/Neuter Legislation

     Chapter ___: Spaying & Neutering of Companion Animals

Section 1: Legislative Findings and Purpose.

          The Legislature takes cognizance that millions of dogs and cats are destroyed by animal wardens and in shelters nationwide each year for no reason other than that they are unwanted and that strong private measures to educate and persuade the owners and keepers of pet dogs and cats to reproductively neuter their animals have failed to diminish the number of such animals destroyed each year, which have in fact been increasing. Without passing judgment on whether or not this practice is necessary or socially desirable, the Legislature finds that it appropriate to take a legislative approach to population control among domestic dogs and cats in an effort to minimize the number of such animals destroyed each year.

Section 2: Scope.

This chapter shall apply to all owners and keepers of domestic dogs and cats of reproductive age except as to animals which are:

(a)      Kept as breeding stock by registered breeders of purebred domestic dogs and cats;

(b)      Kept by operators of registered animal shelters and rescues for purposes of offering such animal for adoption;

(c)      Kept by animal wardens and other public officials as part of their official duties;

(d)      Kept for scientific or research purposes by operators of licensed facilities utilizing domestic dogs and/or cats for such purposes;

(e)      Kept by law enforcement authorities for purposes of carrying out law enforcement duties;

(f)      Kept by educational institutions for purposes of providing education in the field of veterinary sciences.

Section 3: Reproductive Neutering of Domestic Dogs and Cats Required.

(a)      Every owner or keeper of any domestic dog or cat of reproductive age shall, upon such animal attaining reproductive age, cause such animal to be reproductively neutered by a licensed veterinarian. It shall be unlawful for any person to own or keep a domestic dog or cat which is of reproductive age and which has not been reproductively neutered unless, in the opinion of any licensed veterinarian, there exists some medical reason that would render the neutering procedure medically inadvisable as regards such animal or that such animal is permanently incapable of reproduction for reasons other than having been spayed or neutered. The provision of a certificate from a licensed veterinarian attesting that the reproductive neutering procedure would be medically inadvisable as to such animal or that such animal is permanently incapable of reproduction for reasons other than having been spayed or neutered shall be a complete defense to any charge of violation of this section.

(b)      Any person convicted of violating the foregoing provision shall be fined $50.00 for the first offense; $200 for the second offense and $500 for a third or subsequent offense. The terms "second offense" and "third or subsequent offense" shall be construed as referring to the number of times such owner has been convicted under this section, regardless of whether such prior offenses related to the neutering of the same or a different animal.

(c)      It shall be rebuttably presumed that the head of any household wherein such animal is kept is the owner or keeper thereof.

(d)      Should any owner or keeper of any animal who is charged under this section thereafter produce a certificate from a licensed veterinarian that such animal has been reproductively neutered, prior to the adjudication of such charge, the said charge shall be dismissed and no fine or costs shall be imposed in conjunction therewith. This defense shall be available to any person charged under this section regardless of whether such person has previously been charged or convicted hereunder or the number of times such person has previously been charged or convicted hereunder.

(e)      In any prosecution hereunder which is cognizable in magistrate court or municipal court, certification upon the letterhead of any licensed veterinarian and bearing an original signature of said veterinarian shall, without further authentication, be admissible in evidence for purposes of establishing that the animal in question has been spayed or neutered, is permanently incapable of reproduction for reasons other than having been spayed or neutered or suffers from some ailment or condition which would render spaying or neutering medically inadvisable as to such animal.

     i.      For purposes of establishing that the animal in question has been spayed or neutered, either before or after the institution of charges hereunder, a receipt from any licensed veterinarian clearly identifying the veterinarian, the animal in question and the procedure undertaken shall be considered such a certification without necessity of an original signature appearing thereupon.

     ii.      If any issue shall be raised as to the authenticity of any veterinary certification referenced herein or that any such certification has been falsified, forged or altered, the hearing officer may compel the person charged hereunder, upon reasonable notice and opportunity to secure such testimony, to establish the matters stated therein through the in-person testimony of such veterinarian.

     iii.      The presentation in evidence of any such certification which is inauthentic in whole or in part or which has been falsified, forged or altered in whole or in part shall be punishable as false swearing pursuant to section 2, article 5, chapter 61 of this code or, in the discretion of the hearing officer, as contempt of court.

Section 4: Reproductive Age.

(a)      It shall be conclusively presumed that a female dog is capable of reproduction at age nine (9) months and a male dog at the age of one year. It shall be conclusively presumed that both male and female cats are capable of reproduction at age six (6) months.

(b)      In any prosecution hereunder, the opinion of any licensed veterinarian who has examined the animal in question as to the age of the animal shall be admissible in evidence and shall be rebuttably presumed to accurately state the true age of the animal.

(c)      In any prosecution hereunder which is cognizable in magistrate court or municipal court, certification upon the letterhead of any licensed veterinarian and bearing an original signature of said veterinarian shall, without further authentication, be admissible in evidence for purposes of establishing the age of the animal in question.

     i.      If any issue shall be raised as to the authenticity of any such certification or that any such certification has been falsified, forged or altered, or that the opinion of the certifying veterinarian is inaccurate, the hearing officer may compel the proponent of such evidence, upon reasonable notice and opportunity to secure such testimony, to establish the matters stated therein through the in-person testimony of such veterinarian.

     ii.      The presentation in evidence of any such certification which is inauthentic in whole or in part or which has been falsified, forged or altered in whole or in part shall be punishable as false swearing pursuant to section 2, article 5, chapter 61 of this code or, in the discretion of the hearing officer, as contempt of court.

Section 5: Registration of Breeders and Others Exempted Hereunder.

The Clerk of the County Commission of each county shall maintain a registry of breeders, animal shelters, animal rescues, scientific and educational institutions exempted from this chapter pursuant to Section 2 of this article.

(a)      Any person or entity seeking such exemption shall provide a sworn affidavit setting forth the grounds upon which they claim such exemption together with a registration fee not to exceed ten (10) dollars.

(b)      Registration or the submission of an application for registration under this section shall be deemed permission of the registrant or applicant to allow any humane officer or animal warden, upon prior arrangement as to time and place, to inspect the animals, premises or facilities of such registrant or applicant to verify the information provided in such registrant's or applicant's sworn affidavit and to thereafter inspect the animals, premises or facilities of such registrant or applicant, upon prior arrangement as to time and place, for such purpose at intervals of not less than six (6) months following any prior inspection. Unreasonable refusal to permit such inspection shall be grounds for denial of any application or the revocation of any registration hereunder.

(c)       Providing false information in any sworn affidavit hereunder shall be punishable as false swearing pursuant to section 2, article 5, chapter 61 of this code.

(d)      Nothing herein shall limit the right of any humane officer or animal warden to inspect such animals, premises or facilities at any other time in conjunction with any complaint or investigation of animal neglect or cruelty.

Section 6: Enforcement.

      Other than as stated in the foregoing Section 5, no law enforcement officer, humane officer or animal warden shall be authorized to enter upon private property solely for the purpose of inspecting animals kept thereupon for compliance with the provisions of this chapter. Nor shall any law enforcement officer, humane officer or animal warden be authorized to enter upon private property solely for the purpose of investigating any suspected violation of this chapter.

Section 7: Records.

(a)       Every licensed veterinarian who performs a spaying or neutering procedure upon any domestic dog or cat owned or kept in this state shall, without further charge, provide the owner or keeper thereof with a certificate, specifically describing the animal, attesting to the nature of the procedure performed and the date thereof and shall maintain a record of all such neutering procedures performed, identifying with reasonable specificity the animal upon which such procedure was performed, the date thereof, the nature of the procedure performed and the name and address of the owner or keeper of such animal.

(b)       Every owner or keeper of any domestic dog or cat upon which a spaying or neutering procedure has been performed by a licensed veterinarian in this state shall maintain the certificate referenced in subsection (a) and, upon the reasonable demand of any law enforcement officer, humane officer or animal warden present the same for inspection. The presentation of such certificate shall be deemed to be prima facie compliance with the provisions of this Section 3 of this chapter.

(c)       The presentation of any such certificate which is inauthentic in whole or in part or which has been falsified, forged or altered in whole or in part shall be punishable as false swearing pursuant to section 2, article 5, chapter 61 of this code.

(d)       Upon reasonable request therefor, any licensed veterinarian who has issued a certificate referenced in subsection (a) shall provide to the owner or keeper of such animal a duplicate or replacement thereof, clearly marked "duplicate" or "replacement." Such veterinarian may charge a reasonable fee therefor, not to exceed ten dollars ($10.00).

Section 8: Reporting.

      No licensed veterinarian, veterinary assistant or employee of such veterinarian or veterinary assistant shall be required to report to any law enforcement officer, humane officer, animal warden or governmental officer or agency the identities of persons or animals which are not in compliance with the provisions of Section 3 of this chapter. Nothing herein shall be construed to relieve such veterinarian, veterinary assistant or employee of such veterinarian or veterinary assistant of the obligation to give testimony pursuant to lawful subpoena in the prosecution of any individual for violation of the provisions of Section 3 of this chapter.