La Quinta Municipal Code Ch. 5.82 Prohibition of Certain Retail Sales of Dogs and Cats

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 La Quinta.

(Ord. 534 § 3, 2016)

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" has the same meaning in Section 10.04.160 of the La Quinta Municipal Code, as may be amended from time to time.

"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.

"Retail sale" includes display, offer for sale, sell, deliver, offer for adoption, barter, auction, give away, or otherwise transfer any cat or dog.

(Ord. 534 § 3, 2016)

A. No pet store operator shall offer for retail sale any live dog or cat in any pet store located in the city of La Quinta, unless the dog or cat was obtained from a city or county animal shelter or animal control agency, a humane society, or a non-profit rescue organization. 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 prohibited pursuant to Section 10.24.140 of the La Quinta 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. 534 § 3, 2016)

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 pursuant to Section 10.24.140;

B. An animal shelter, as defined in this chapter;

C. A private, charitable, nonprofit humane society or animal rescue organization; or

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.

(Ord. 534 § 3, 2016)

Nothing in this chapter shall prevent a pet store operator or pet store located in the city of La Quinta 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. 534 § 3, 2016)

Any violation of any provision of this chapter shall be, and is hereby declared to be, a public nuisance and may be summarily abated by the city pursuant to Section 731 of the California Code of Civil Procedure or any other remedy available at law.

(Ord. 534 § 3, 2016)

In addition to any other enforcement permitted by the La Quinta Municipal Code, the city attorney may bring a civil action for injunctive relief and civil penalties against any person who violates any provision of this chapter. In any civil action that is brought pursuant to this chapter, a court of competent jurisdiction may award civil penalties and costs to the prevailing party.

(Ord. 534 § 3, 2016)