Title 6 Animals of the Riverside County Code is hereby adopted
in its entirety by this reference.
(Prior code § 93.01; Ord. 561 12-16-14)
It is unlawful for any person to keep or cause to be kept or
to have in his or her possession or under his or her custody or control
within the City limits, any rooster(s).
(Ord. 702 12-3-19)
The purpose and intent of this chapter is to promote animal
welfare and encourage best practices in the breeding and purchasing
of dogs and cats offered for retail sale in the City of Desert Hot
Springs.
(Ord. 575 5-3-16)
Notwithstanding the definitions set forth in Title 6 Animals of the Riverside County Code, the following definitions shall govern the meaning of words and phrases used in this chapter, unless it is plainly evident from the context that a different meaning is intended:
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 the breeding of dogs or cats for the purpose of sale on any property zoned residential, where such breeding is prohibited pursuant to Desert Hot Springs Municipal Code Section 17.108.040(B).
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 any member of the canine family.
means a retail or commercial establishment open to the public
and engaging in the business of, or having as a component of a business,
the offering for sale and/or selling animals at retail.
means a person who or entity (whether for-profit or nonprofit,
corporation, limited liability company, unincorporated association
or any other type of organization) that owns and/or operates a pet
store.
means any person or entity that maintains and operates a kennel or cattery duly licensed pursuant to the applicable provisions of Title 6 Animals of the Riverside County Code, as adopted pursuant to this chapter, and in compliance with all applicable provisions of the Desert Hot Springs Municipal Code.
includes display, offer for sale, sell, deliver, offer for
adoption, barter, auction, give away, or otherwise transfer any cat
or dog.
(Ord. 575 5-3-16)
A.
No pet store operator shall offer for retail sale any live dog or cat in any pet store located in the City of Desert Hot Springs, unless the dog or cat was obtained from a city or county animal shelter or animal control agency, a humane society, a non-profit rescue organization or a reputable breeder as defined in this chapter. In no event shall any pet store operator offer for retail sale any live dog or cat in any pet store from a source that has engaged in backyard breeding as defined in this chapter or prohibited pursuant to Section 17.108.040 of the Desert Hot Springs Municipal Code, as may be amended from time to time.
B.
All
pet stores selling dogs or cats shall maintain a certificate of source
for each of the animals and make it available upon request to animal
control officers, law enforcement personnel, code enforcement officials,
or any other City employee charged with enforcing the provisions of
this chapter. It shall be the responsibility of the pet store operator
to ensure compliance with this provision.
(Ord. 575 5-3-16)
This chapter does not apply to:
A.
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, provided that the person or establishment has not engaged in prohibited backyard breeding as defined in this chapter or prohibited pursuant to Section 17.108.040 of the Desert Hot Springs Municipal Code, as may be amended from time to time.
B.
An animal
shelter, as defined in this chapter;
C.
A private,
charitable, nonprofit humane society or animal rescue organization;
D.
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; or
(Ord. 575 5-3-16)
Nothing in this chapter shall prevent a pet store operator or
pet store located in the City of Desert Hot Springs 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 public
adoption.
(Ord. 575 5-3-16)
A.
The
issuance of a notice of violation is a prerequisite to the issuance
of a notice of public nuisance, a misdemeanor citation or an administrative
citation for any violation of the provisions of this chapter.
B.
Any
violation of any of the provisions of this chapter is unlawful and
a public nuisance.
C.
Any
violation of any of the provisions of this chapter shall constitute
a misdemeanor violation and upon conviction thereof any violation
shall be punishable by a fine not to exceed one thousand dollars,
or by imprisonment in the county jail for a period of not more than
six months, or by both such fine and imprisonment. Each day a violation
is committed or permitted to continue shall constitute a separate
offense.
D.
In lieu
of issuing a misdemeanor citation, the city may issue an administrative
citation, and/or assess an administrative fine of up to $1,000 for
each violation of this ordinance pursuant to the procedures set forth
in Title 14.
E.
A separate
offense occurs for each day any violation of this chapter is continued
and/or maintained.
F.
The
remedies provided herein are not to be construed as exclusive remedies,
and in the event of violation, the city may pursue any proceedings
or remedies otherwise provided by law.
(Ord. 575 5-3-16)
