No owner of an unspayed female dog shall fail, refuse or neglect,
during the breeding period of such dog, to confine the same in such
a manner that it does not attract stray male dogs.
(Prior code § 5570; Ord. 910 § 2, 1971)
(a)
It shall be unlawful for any person to own, possess, harbor, keep,
maintain upon his or her property, for any reason, any animal other
than a household pet or any animal expressly permitted within a particular
zone or district as provided in the zoning code of the city.
(Ord. 1675 § 3, 2005)
No person shall have, keep, harbor or maintain any wild animal
within the city without first applying to and receiving special authorization
from the animal control officer of the city. The keeping or maintenance
of any such animal shall also conform to the applicable provisions
of the city's zoning ordinance, as well as to any applicable laws
or regulations promulgated by the state or the federal government.
(Ord. 1291 § 11, 1987)
The animal control officer may authorize the keeping or maintaining
of any wild or non-domestic animal when, in the sound discretion of
such officer, such animal may be kept or maintained without endangering
the safety of any person, property or other animal, nor creating a
nuisance; provided, however, that the animal control officer may require
any such animal to be properly caged, tethered, or restrained, and
may create such additional requirements as may be necessary and proper
to ensure the protection of life and property. Any person owning or
keeping a privately owned wild animal, including but not limited to
birds (predators and scavengers), primates, cats (other than house
cats), reptiles, aquatic animals (carnivore), and varmints, shall
pay an annual registration fee in such amount as shall be set by resolution
of the city council, payable in advance at the time of filing an application
for authorization to keep such animal.
(Ord. 1291 § 12, 1987)
Any authorization issued by the animal control officer to keep
or maintain any wild animal shall expire at the end of the fiscal
year in which the same was issued. The procedure for renewal of such
authorization is subject to the same conditions as are applicable
to the original authorization. The animal control officer may revoke
the special authorization whenever it is determined by the animal
control officer that the prescribed conditions have not been met.
Such revocation shall be effective until the animal control officer
finds that the conditions have been met, whereupon such officer shall
issue a notice of compliance and the authorization shall be deemed
reinstated for the remainder of the original term.
(Ord. 1291 § 13, 1987)
The special authorization of the animal control officer to keep
or maintain a wild animal shall not be transferable as to person or
location.
(Ord. 1291 § 14, 1987)
The animal control officer is privileged to make reasonable
entry upon any premises to enforce the provisions of this chapter.
(Ord. 1291 § 15, 1987)
No person owning any wild animal or operating any wild animal
establishment, shall fail, refuse or neglect to keep all wild animals
under proper confinement on the premises, or cause, permit, suffer
or allow any wild animal to be or run at large, nor shall any such
person maintain any wild animal on or within any premises in such
manner as to endanger the life or limb of any person lawfully entering
such premises.
(Prior code § 5571; Ord. 910 § 2, 1971)
(a)
"Animal shelter"
"Cat"
"Certificate of source"
"Dog"
"Pet store"
"Pet store operator"
"Retail sale"
Definitions. For purposes of this Section, the following
definitions shall apply:
means a municipal or related public animal shelter or duly
incorporated nonprofit organization devoted to the rescue, care, and
adoption of stray, abandoned, or surrendered animals, and which does
not breed animals.
means an animal of the Felidae family of the order Carnivora.
means a document declaring the source of the dog or cat sold
or transferred by the pet store. The certificate shall include the
name and address of the source of the dog or cat.
means an animal of the Canidae family of the order Carnivora.
means a retail establishment open to the public and engaging
in the business of offering for sale and/or selling animals at retail.
means a person who owns or operates a pet store, or both.
includes display, offer for sale, offer for adoption, barter,
auction, give away, or other transfer any cat or dog.
(b)
Prohibition. No pet store shall display, sell, deliver,
offer for sale, barter, auction, give away, or otherwise transfer
or dispose of dogs or cats in the City of Palm Springs.
(c)
Exemptions. This Section does not apply to:
1.
A person or establishment that sells, delivers, offers for sale,
barters, auctions, gives away, or otherwise transfers or disposes
of only animals that were bred and reared on the premises of the person
or establishment;
2.
A publicly operated animal control facility or animal shelter;
3.
A private, charitable, nonprofit humane society or animal rescue
organization; or
4.
A publicly operated animal control agency, nonprofit humane society,
or nonprofit animal rescue organization that operates out of or in
connection with a pet store.
(d)
Adoption of Shelter and Rescue Animals. Nothing
in this Section shall prevent a pet store or its owner, operator,
or employees from providing space and appropriate care for animals
owned by a publicly operated animal control agency, nonprofit humane
society, or nonprofit animal rescue agency and maintained at the pet
store for the purpose of adopting those animals to the public.
(Ord. 1888 § 1, 2015)
Any person maintaining any kennel or pet shop shall conform
to the zoning regulations of the city which are applicable thereto,
as well as any applicable health regulations.
(Prior code § 5572; Ord. 910 § 2, 1971)
A.
No
person shall cause or allow any dog or cat owned, harbored or kept
within the City to breed without first obtaining a breeding permit.
The Friends of the Palm Springs Animal Shelter shall be exempt from
obtaining a breeding permit.
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 a breeding permit shall pay an annual fee as set forth in a fee
resolution adopted by the City Council.
C.
The
City Manager, or his/her designee, shall administer the animal breeding
permit program to allow the breeding of unaltered dogs and cats consistent
with criteria and according to procedures established by the City
Manager or his/her designee, and approved by the City Council.
D.
A breeding
permit shall not be issued to an applicant if any of the following
reasons exist:
1.
The
applicant of the breeding permit or someone in the household has been
convicted of animal cruelty, neglect or dog fighting.
2.
The
applicant of the breeding permit provided false information or failed
to provide any required information.
3.
The
applicant has violated any provision of Title 10 within the last 36
months.
4.
The
animal breeding will be for purposes not authorized by law, such as
dog fighting, animal cruelty or breeding for purposes of selling of
the animals in violation of the law.
E.
In
addition to the criteria and procedures established by the City Manager,
breeding permits shall contain the following terms and conditions:
1.
The
breeding permit shall authorize no more than three dog or cat litters
per domestic household in any 36 month period, or the offering of
a male dog or cat for stud three times in any 36 month period. The
dog or cat should, as much as practicable, have a 12 month period
between litters or the offering for stud.
2.
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 breeding permit number
in any such advertisement. Further, the breeding permit holder must
provide the breeding permit number to any person who purchases, adopts
or receives any animal from the breeding permit holder and include
the breeding permit number on any receipt of sale or transfer document.
3.
Breeding
permits shall be obtained in person at the Palm Springs Animal Shelter
where the City Manager, or City Manager's designee, shall keep a register
wherein there shall be entered the name and address of each person
to whom any breeding permit is issued, the date of issuance thereof,
the date or approximate date the person obtained the dog or cat, the
age or approximate age of the dog or cat, and, if a first-time breeding
permit, the number of past litters produced in the previous five years.
4.
Any
breeding permit holder selling or otherwise transferring a dog or
cat, whether for compensation or otherwise, shall maintain records
for a period of three years containing the name, address, and telephone
number of the animal's new owner on a City approved form.
(Ord. 2044 § 2, 2021)
A.
Administrative Fines.
1.
Any
cat or dog owner whose animal has been bred no more than once in a
12 month period without a permit may correct such violation by obtaining
the necessary permit required by this chapter, no later than 30 days
following the date of the notice of violation(s), provided however,
that the opportunity to correct shall only be available for the first
violation. Subsequent violations shall not have an opportunity to
cure the violation.
2.
For
the first violation, should the owner fail to correct the violation
in the manner described above, the owner shall be deemed to have violated
this Code and shall be subject to a five hundred dollar ($500) administrative
penalty.
3.
Any
cat or dog owner whose animal has been bred more than three times
in a 36 month period in violation of Section 10.24.040(E)(1), with
or without a permit, or who has violated Section 10.24.040(E)(2) or
(E)(4), shall be deemed to have violated this Code and shall be subject
to an immediate five hundred dollar ($500) administrative fine for
the first violation, seven hundred fifty dollar ($750) for the second
violation, and $1,000 for each additional violation.
4.
Written
notice of any such penalty shall be served on the dog or cat owner
by mail. The penalty shall not be waived upon the transfer or abandonment
of the dog or cat by the noncompliant owner. These administrative
penalties shall be imposed in addition to, and not in lieu of, any
other applicable civil or criminal penalties authorized by this Code.
5.
The
City may waive the administrative penalty if all are animals in the
litter are surrendered to animal shelter.
B.
Revocation of Breeding Permit. Any breeding permit issued pursuant to Section 10.24.040 may be revoked if the City Manager or the City Manager's designee has reasonable cause to believe any of the following to be true:
1.
The
breeding permit holder has violated any City ordinance relating to
the keeping, care or use of any animal.
2.
The
breeding permit holder is in violation of any state health or safety
law or regulation regarding animal care or control.
3.
The
breeding permit holder has failed to comply with any condition or
requirement of the breeding permit or has failed to pay any fee imposed
under this Code.
4.
The
City has reasonable belief of code violations, and the breeding permit
holder has refused to allow inspection, upon 48 hours' written notice,
of any animal covered by the breeding permit and the premises on which
the animal is kept.
5.
The
breeding permit holder has transferred, sold or otherwise disposed
of the animal for which the permit was originally issued.
C.
If,
after inspection, the City Manager or the City Manager's designee
concludes that it is probable that one or more of the above grounds
for revocation has occurred, he or she shall cause written notice
thereof to be transmitted by mail to the address of the breeding permit
holder. The notice shall specify the grounds of possible revocation
of the breeding permit and shall specify a date and time for an informal
hearing to be held before a hearing officer. The date shall be not
set less than six days after the date the notice is mailed. After
the informal hearing, the hearing officer may modify the terms of
the breeding permit or revoke the breeding permit.
(Ord. 2044 § 3, 2021)
