10.24 — ANIMAL KEEPING

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.

• (b) This prohibition shall not apply to animals that are permitted under Section 10.24.015 of this code ("Wild animals—Authorization required") or otherwise expressly authorized by the city council.

• (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 nondomestic 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

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City of Palm Springs, CA

ANIMALS

§ 10.24.017

§ 10.24.021

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) Definitions . For purposes of this Section, the following definitions shall apply:

"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.

"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 an animal of the Canidae family of the order Carnivora.

"Pet store" means a retail establishment open to the public and engaging in the business of offering for sale and/or selling animals at retail.

"Pet store operator" means a person who owns or operates a pet store, or both.

"Retail sale" 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

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City of Palm Springs, CA § 10.24.021

PALM SPRINGS CODE

§ 10.24.040

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:

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City of Palm Springs, CA

ANIMALS

§ 10.24.040

§ 10.24.045

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 firsttime 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.

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City of Palm Springs, CA

PALM SPRINGS CODE

§ 10.24.045

§ 10.24.045

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.

• D. The breeding permit holder may appeal the hearing officer's decision in compliance with Chapter 2.50.

• (Ord. 2044 § 3, 2021)

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City of Palm Springs, CA

ANIMALS

§ 10.28.010

§ 10.28.030

CHAPTER 10.28 OFFENSES