(A)   Each dog and cat over the age of six months which is kept in the town shall have been sterilized and rendered incapable of reproducing by a licensed veterinarian, unless a veterinarian has certified in writing that it would not be in the animal's best medical interest, but in no case later than when that excepted animal attains the age of nine months. It shall be unlawful for a person to own a dog or a cat not in compliance with this section and for which the owner does not have a current and valid intact breeder's permit.
   (B)   A breeder's permit shall be obtained by the following:
      (1)   Any person who intentionally causes or accidentally allows the breeding of a dog or cat available for breeding purposes;
      (2)   Any person who offers for sale, sells, trades, receives other compensation, or gives away any litter of dogs or cats;
      (3)   Any owner or person having custody of a dog or cat that has delivered a litter or caused the delivery of a litter;
      (4)   Any person owning or having custody of a dog or cat which is older than six months of age, which has not been sterilized and for which the person owning or having custody of such an animal does not have a written certification from a licensed veterinarian stating that it is not in such animal's best medical interest to be sterilized, but in no case after the dog or cat has attained the age of nine months;
      (5)   A dog or cat with a high likelihood of suffering serious bodily injury, if sterilized, due to the health conditions of the animal. The owner must obtain written confirmation of that fact from an Indiana licensed veterinarian. If the dog or cat is able to be safely sterilized at a later date, the date must be stated in the written confirmation.
      (6)   Any person owning a dog or cat that is used for competition and who does not desire to sterilize the animal because of the competitive interests; or
      (7)   Any person owning a dog that is used for hunting or sporting activities and who does not desire to sterilize the animal due to those activities.
   (C)   Such breeder's permit shall:
      (1)   Allow the non-sterilization of animals owned by the permittee for one 12-month period after the date of issuance and the birthing of a maximum of one litter in a 12-month period in his or her or any domestic household or establishment or any combination thereof;
      (2)   Not allow the owner to offer for sale, sell, trade, or receive other compensation or give away more than one litter of dogs or cats in such 12-month period; and
      (3)   Require the holder of the permit to furnish the town with information on the birth of each litter of dogs and cats as may be required by the division to register the litter and be assigned a letter number for each litter.
   (D)   The holder of a breeder's permit shall:
      (1)   Transmit to the new owner or buyer the litter number of the animal acquired and the breeder's permit number in order that the new owner has assurance and proof that the animal was legally bred;
      (2)   Immunize all dogs and cats offered for sale, trade, or other compensation or for free give away against the most common contagious diseases; for dogs against canine distemper, hepatitis, para influenza, and parvo virus and for cats against feline rhinotracheitis, calicivirus, and panleucopenia;
      (3)   Not offer a puppy or kitten under the age of eight weeks for sale, trade or other compensation or for free giveaway; and
      (4)   Furnish a warrant of health for a period of not less than one week with the recommendation to have the animal examined by a licensed veterinarian for each animal sold, traded, or given away.
   (E)   Each breeder's permit shall be obtained from the Police Department by submitting the form provided by the Department.
   (F)   Each holder of a valid breeder's permit shall register additional litters with the Police Department. Each additional litter registration shall comply with the same requirements as the original breeder's permit.
   (G)   A copy of the breeder’s permit application as required by this section is attached as Exhibit A to Ordinance 2015-03.
(Ord. 2015-03, passed 4-9-15) Penalty, see § 13.02