[Ord. 1631, 6-19-2013]
Title 6, Animals, of the Riverside County Code of Ordinances, as amended and in effect on June 19, 2013, is adopted by reference as the “Animal Control Ordinance” of the City of Indio subject to certain amendments and deletions as hereinafter provided. A copy of Title 6, Animals, of the Riverside County Code of Ordinance, in effect on June 19, 2013 has been deposited in the Office of the City Clerk and shall at all times be maintained by the City Clerk for use and examination by the public.
[Ord. 1631, 6-19-2013]
Notwithstanding the provisions of § 92.01, the following words and phrases used in the Animal Control Ordinance are defined as follows:
(A) 
COUNTY OF RIVERSIDE
Shall mean the City of Indio, except where the County of Riverside is the correct notation due to circumstances.
(B) 
DEPARTMENT
Shall mean the County of Riverside Department of Animal Services.
(C) 
PLANNING DIRECTOR
Shall mean the Development Services Director of the City of Indio.
(D) 
UNINCORPORATED AREA OF THE COUNTY OF RIVERSIDE
Shall mean and include the area of the City of Indio in its true geographical location.
[Ord. 1631, 6-19-2013]
(A) 
In addition to the remedies and penalties contained in this Ordinance, any person violating any provision of a county animal control ordinances shall be guilty of an infraction, unless otherwise stated in such county animal control ordinances, and upon conviction thereof shall be punished by (1) a fine not exceeding fifty dollars ($50.00) for the first violation; (2) a fine not exceeding one hundred dollars ($100.00) for the second violation within one year; (3) a fine not exceeding two hundred fifty dollars ($250.00) for each additional violation within one year. Each day a violation is committed or permitted to continue shall constitute a separate offense.
(B) 
Persons receiving a citation for any infraction resulting from a violation of this chapter, may choose to clear the citation within ten (10) days, thereby avoiding a visit to court and a potentially higher court fine, by demonstrating their compliance to the animal services director through their written, signed agreement and paying an administrative fee of sixty dollars ($60.00) to the department.
(C) 
Persons who violate a home quarantine, fail to produce an animal for quarantine upon demand, or in any other way interfere with rabies investigation, shall be guilty of a misdemeanor, pursuant to Section 121710 of the California Health and Safety Code and Section 9701 of the California Food and Agriculture Code, which is punishable by imprisonment in the county jail for a period not to exceed one year, or by a fine of not less than one hundred dollars ($100.00), nor more than one thousand dollars ($1,000.00) per day of violation, or both fine and imprisonment.
(D) 
Persons receiving a citation for violation of a home quarantine, may choose to clear the citation and avoid arrest and appearance in court by demonstrating to the animal services director, in writing, their intent to comply with the order and paying an administrative fee of fifty dollars ($50.00) to the department.
(E) 
All violations of any provision of this Chapter are subject to enforcement through the use of administrative citations in accordance with Section 6.08.220 of the Riverside County Code of Ordinances.
(F) 
An administrative citation may be issued for failure to comply with an administrative abatement order of an administrative hearing officer in accordance with Section 6.20.150 of the Riverside County Code of Ordinances.
[Ord. 1631, 6-19-2013]
Notwithstanding the provisions of § 92.01, the following provisions of the Animal Control Ordinance are hereby amended to read as follows:
6.08.010 Cattery. Any building, structure, enclosure or premises whereupon, or within which five or more cats, four months of age or older, are kept or maintained.
6.0.8.010 Class I Kennel. Any building, structure, enclosure or premises whereupon, or within which, five to ten dogs, four months of age or older, are kept or maintained.
6.08.010 Class II Kennel. Any building, structure, enclosure or premises whereupon or within which, eleven or more dogs, four months of age or older, are kept or maintained.
[Ord. 1631, 6-19-2013]
Notwithstanding the provisions of § 92.01, the following provisions of the Animal Control Ordinance are hereby amended to read as follows:
6.08.050 - Mandatory licensing of kennels and catteries.
A. 
Any person maintaining five or more dogs shall obtain the appropriate kennel license. No person shall operate or maintain a class I kennel, class II kennel or cattery without first obtaining an appropriate license from the department. Such license shall be valid for a period of either one or two years from the date of issuance. Said license shall be renewed within thirty (30) days after the date of expiration. Where a kennel license has been issued and is in effect, the dogs contained in such kennel shall be exempt from the requirements of individual license tags as provided in Section 6.08.020 of this Ordinance. The class I kennel, class II kennel, cattery license fees, and late fees, shall be those adopted by the Department. If an application for a license or renewal of a license is made more than thirty (30) days after the date such license is required or such previous license has expired, a late fee of fifty (50) percent of the applicable fee shall be added.
B. 
Application for a kennel or cattery license shall be filed with the director on a form prescribed by him or her not later than ten (10) days after obtaining written verification from the City of Indio planning department that the operation of the kennel or cattery is in compliance with the applicable provisions of Indio Municipal Code. The application form, when completed, shall contain such information as may reasonably be required by the director for the purposes of enforcement of this chapter, including but not limited to the current home telephone number of the caretaker of the subject kennel or cattery and another current telephone number for emergency use or messages when such caretaker is absent from the subject kennel or cattery. Where a kennel or cattery is sought to be operated upon leased or rented premises, a letter of consent from the owner of the premises to the effect that the kennel or cattery may be maintained and operated on such premises shall be submitted to the director at the time the application for the kennel or cattery license is submitted.
C. 
After receipt of a kennel or cattery license application, the director shall make an inspection of the premises of the kennel or cattery for which a license is requested. No kennel or cattery license shall be issued nor shall any such license be renewed, unless and until the kennel or cattery, in the opinion of the director, satisfies the applicable laws and regulations of the state of California, the applicable ordinances of the county and the applicable conditions set forth in the standards for kennels and catteries adopted by resolution of the board of supervisors. Notwithstanding any other provision of this chapter, the Director or the Riverside County planning director may, in their respective discretion, limit the numbers of dogs or cats over the age of four months which are kept or maintained in any kennel or cattery, and such limitation may be imposed at such time as an application for an initial kennel or cattery license is considered or at such time as an application for renewal of a kennel or cattery license is considered.
D. 
Notwithstanding any other provision of this chapter, the Director is authorized to enter upon and inspect the premises of any kennel or cattery located in the county for the purpose of determining whether such kennel or cattery is in compliance with the provisions of this chapter and the standards for kennels and catteries referred to in subsection C of this section. As a condition of the issuance of a kennel or cattery license, each owner and operator of a kennel or cattery shall agree to allow such entry and inspection and such agreement shall be made a part of the license application. Such inspections shall be made during reasonable hours at times when the owner or operator of the kennel or cattery is present on the kennel or cattery premises, and with such frequency as the director shall deem appropriate, and such inspections may, at the discretion of the director, be made without prior notice to the owner or operator of the subject kennel or cattery. Willful refusal on the part of a kennel or cattery owner or operator to allow such inspection shall be grounds for summary denial of an application for a kennel or cattery license or for summary suspension or revocation of a kennel or cattery license.
E. 
A nonprofit corporation formed pursuant to the provisions of the Cal. Corp. Code §§ 10400 et seq., for the prevention of cruelty to animals, shall not be required to pay a fee for the licenses required by this Chapter; provided, however, that all other provisions of Section 6.08.050 and provisions regarding the vaccination against rabies shall be applicable to any such nonprofit corporation.
[Ord. 1631, 6-19-2013]
Notwithstanding the provisions of § 92.01, the following provision is hereby added to the Animal Control Ordinance to read as follows:
Wild Animals; Dangerous Reptiles. It shall be unlawful for any person to possess any wild animal or dangerous reptile within the incorporated area unless such area is owned for such use and permission has been granted by the City Council, or such person possesses the animals described herein pursuant to current licenses or permits issued by the State Fish and Game Department, and in accordance with Cal. Admin. Code tit. 14, §§ 40, 670 through 670.7 and 671 through 671.7, with the exception that it shall be unlawful for any person to possess and confine rattlesnakes within the incorporated area of the city.
[Ord. 1631, 6-19-2013]
Notwithstanding the provisions of § 92.01, the following provision is hereby added as a new Section 6.12.150 to Chapter 6.12 of the Animal Control Ordinance to read as follows:
6.12.150 - Violation—Penalty.
Every owner, driver or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square or lot within the City of Indio, without proper care or attention shall be guilty of an infraction or misdemeanor as hereinafter specified. Such individual shall be deemed guilty of a separate offense of each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. Any individual convicted of a violation of this chapter shall be: (1) guilty of an infraction offense and punished by a fine not exceeding one hundred dollars ($100.00) for a first violation; (2) guilty of an infraction offense and punished by a fine not exceeding two hundred dollars ($200.00) for a second violation. The third and any additional violations shall constitute a misdemeanor offense and shall be punishable by a fine not exceeding one thousand dollars ($1,000.00) or six months in jail, or both. Notwithstanding the above, a first offense may be charged and prosecuted as a misdemeanor. Payment of any penalty herein shall not relieve an individual from the responsibility for correcting the violation.
[Ord. 1692, 4-20-2016; Ord. 1719, 9-6-2017]
(A) 
Purpose. The purpose of this section is to promote animal welfare and encourage best practices in the purchasing of dogs and cats offered for retail sale in the City of Indio.
(B) 
Definitions. For purposes of this section, the following definitions shall apply:
ANIMAL SHELTER
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.
CAT
An animal of the Felidae family of the order Carnivora.
CERTIFICATE OF SOURCE
A document declaring the source of the dog or cat transferred by the pet store. The certificate of source shall include the name, address, and phone number of the source of the dog or cat.
DOG
An animal of the Canidae family of the order Carnivora.
NONPROFIT ANIMAL RESCUE ORGANIZATION
Any nonprofit corporation that is exempt from taxation under Internal Revenue Code Section 501(c)(3), whose mission and practice is, in whole or in significant part, the rescue, care, and adoption of stray, abandoned or surrendered animals, and which does not breed animals.
PET STORE
A retail establishment open to the public and engaging in the business of offering for sale and/or selling animals at retail.
(C) 
Prohibition of the sale of dogs and cats.
(1) 
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 Indio unless exempt under division (E) of this section .
(2) 
All pet stores engaged in the adoption of dogs or cats pursuant to division (D)(4) of this section, shall post in a conspicuous place on each dog or cat kennel, cage, or enclosure, a certificate of source for each animal ensuring the animal was obtained in full compliance with this section. The certificate of source shall be made available upon request to animal control officers, law enforcement, code enforcement officials, or any other entity charged with enforcing the provisions of this section.
(D) 
Exemptions. The following shall not be considered a pet store and shall be exempt from the provisions of this section:
(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, provided that the person or establishment has not engaged in prohibited backyard breeding pursuant to the Unified Development Code.
(2) 
A publicly operated animal control facility or animal shelter;
(3) 
A private, charitable, nonprofit animal rescue organization or nonprofit animal humane society; and
(4) 
A publicly operated animal control agency, nonprofit animal humane society, or nonprofit animal rescue organization that operates out of or in connection with a pet store.
(E) 
Adoption of rescue and shelter animals. Nothing in this section shall prevent the owner, operator, or employees of a pet store from providing space and appropriate care for animals owned by an animal shelter or publicly operated animal control facility, nonprofit animal humane society, or nonprofit animal rescue organization and maintaining those animals at the pet store for the purpose of public adoption.