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:
“Animal shelter”
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.
“Backyard breeding”
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).
“Cat”
means an animal of the Felidae family of the order Carnivora.
“Certificate of source”
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.
“Dog”
means any member of the canine family.
“Pet store”
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.
“Pet store operator”
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.
“Reputable breeder”
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.
“Retail sale”
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
E. 
A kennel or cattery maintained and operated and 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.
(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)