A.
It is unlawful to be in charge of, possess or own:
(1)
Any exotic animal or species prohibited by federal or state law;
(2)
Any exotic animal or species when kept in such numbers or in such
a way as to constitute a likelihood of harm to the animals themselves,
to human beings or to the property of human beings, or which constitute
a public or private nuisance;
(3)
Bats; or
(4)
Skunks, except those owned by individuals on the effective date of
this chapter and provided that any exotic animal permit is obtained
for the skunks within 60 days of the effective date.
B.
It is unlawful to receive, purchase, own or keep any exotic animal
without first applying to and receiving from the Director a permit
to do so. Notwithstanding, those persons in possession of an exotic
animal when they become residents of the City in the future or who
possess said animal on the effective date of this chapter have a sixty-day
period in which to apply for the permit before the penalty provisions
of this chapter become enforceable.
C.
No person shall apply for an exotic animal permit without first obtaining
any required state or federal permits.
D.
The application for a permit shall contain the name of the applicant;
his address, the address of the proposed location of the exotic animal
if different from that of the applicant; a brief description of the
applicant's plan for keeping the exotic animal, which shall include
the species of animal, the number of individuals qualified to care
for the animal desired or that have agreed to advise or assist the
applicant in the proper care and treatment of the animal and who would
be willing to recommend the person applying for the permit; and the
list of publications which the applicant has studied in order to qualify
for a permit for said animal.
E.
Upon receipt of the application, the Director shall inspect the facilities
where the animal is to be housed and shall make whatever other investigations
he deems necessary.
F.
If the Director approves the application, the initial exotic animal
permit fee of $25 shall be paid and the permit issued. Whenever, in
any given permit year, there are new exotic animals in a collection
due to the reproduction of members of the collection or to replacement
in the same number and zoological species as the members replaced,
the new animals do not require an additional permit during the year,
provided the Director is notified in writing of the new exotic animals
within 30 days of acquisition. When a new exotic animal or collection
is added, a new permit must be secured and new fee shall be due and
payable at the time of issuance of the permit and shall be a prerequisite
of the issuance.
G.
The exotic animal permit shall be valid for one year, and must be
reviewed within 60 days after expiration and inspection is required
prior to the renewal of the permit. The annual fee for the renewal
of the permit is $10. If, during the preceding year, more than one
initial permit has been issued an applicant, the former permit may
be consolidated so that only one renewal permit is required; provided,
however, that the renewal date for the consolidated permit shall be
the date of the issuance of the earliest initial permit. The animal
control center may deny the application for renewal for cause.
H.
Individuals authorized to acquire an exotic animal shall, within
14 days of acquisition, submit to the animal control center a health
certificate from a qualified veterinarian stating that the animal
is in good health and has been vaccinated in accordance with applicable
time schedules.
I.
It is unlawful to receive, purchase, own or keep exotic animals unless:
(1)
Housing is sufficiently spacious, ventilated and temperature-controlled,
clean and sanitary at all times;
(2)
The exotic animal is provided with proper food, water and attention;
(3)
The exotic animal is kept and cared for in such a way as not to endanger
the safety of any person or property; and
(4)
The exotic animal permittee notifies the Director when changing his
residence or location of the exotic animal, or selling or otherwise
disposing of the exotic animal for which the permit was issued.
J.
Permits issued pursuant to the provisions of this section shall be
surrendered for inspection upon the request of the Director. The premises
on which an exotic animal is maintained shall be open at any reasonable
hour and in a reasonable manner for inspection by the Director.
K.
For failure to have a permit in advance of obtaining an exotic animal or to renew said permit within 60 days of the expiration date, or upon suspension of an exotic animal permit, the Director shall have the authority to enter the premises where the exotic animal is kept, at any reasonable hour, and to impound said animal. The animal shall e surrendered upon the demand of the Director. Procedures for the reclamation and destruction of impounded exotic animals shall be followed pursuant to §§ 137-8 and 137-9 of this chapter, and for penalties, pursuant to § 137-52 of this chapter. The exotic animal may be returned to its owner if the problem for which it was impounded is corrected within the time period allotted by the Director and all penalties are paid.
L.
Notwithstanding the above, a valid zoological park, veterinary hospital,
humane society, shelter, public laboratory, circus, sideshow, educational
or scientific facility is excluded from the above portions of this
section, provided protective devices adequate to prevent the animal
from escaping or injuring the public are provided.
M.
Upon application to the Director, the keeping of these prohibited
animals may be permitted for educational or scientific purposes; provided
there is no conflict with state and federal regulations. In lieu of
licensing each animal, an exotic animal permit may be issued in accordance
with this section.
N.
No person shall keep, conduct or operate any traveling animal show,
petting zoos, circus, pony rides, animal acts or miscellaneous animal
or reptile exhibits without first obtaining a special animal permit
from the Director as follows:
(1)
Each application for a special animal permit shall be in writing
upon a form to be furnished by the Director and shall contain such
information as the Director shall require. The fee for each special
animal permit is $25;
(2)
All special permits issued by the Director shall be for a specified
period of time, but not to exceed one year unless revoked or suspended,
or unless the holder of the permit changes the location of his place
of business, or sells, assigns, transfers or otherwise disposes of
his business or his interests therein; and
(3)
Upon the filing of each application, either for an original permit
or renewal, the Director shall make an investigation as he deems proper.
The Director shall then issue a permit to the applicant if it is found
that the animals or the conduct or operation of the business for which
the permit is requested will not constitute a menace to the health,
peace or safety of the citizens; and the premises and condition and
that the animals will not be subject to needless suffering, unnecessary
cruelty or abuse and that the applicant has not had a permit revoked
within one year prior to the date of application.
A.
It is conducive to the promotion of the health and general welfare
of the inhabitants of this City to require permits for guard dogs,
used on commercial property, and to establish regulations for the
proper and safe use of guard dogs used for protecting commercial property.
B.
Permits:
(1)
Unless a guard dog permit is in effect for each commercial property
where guard dogs are to be used, they shall not be used. Procedures
for permit application, inspection of guard dog facilities, and issuance
of dog identification tags will be established by the Director. Permits
for both permanent and temporary locations may be transferred to a
new location operated by the same business firm during the license
year. However, such transfers shall not be effective until the Director
or his designee has inspected and approved required facilities at
the new location and the information required below for permit applications
has been recorded. Applicants must provide five working days' advance
notice to the animal control center for permit transfers.
(2)
Permit applications shall include the following information: the
business name, address and telephone number of the commercial property
where guard dogs are to be used; the name, address and telephone number
of the handler who can be reached at any time during the day or night;
the number of dogs to be used and general description of their use;
the location where dogs are to be housed; and any other information
that the Director deems necessary by rule and regulation. Permit holders
shall notify the animal control center if any information recorded
as part of the permit application is changed during the course of
the period for which the permit is issued.
(3)
The building and yard in which a guard dog is housed must be posted
with bilingual, English and Spanish, or visual guard dog signs, approved
by the Director, which shall not be more than 200 feet apart and shall
be at all property corners and at every entrance into the area.
(4)
For guard dogs either transported or used in vehicles, measures must
be taken to protect the public from accidental contact with a guard
dog.
(5)
A handler is required to be physically present while guard dogs are
being used at temporary sites which do not comply with this section.
C.
Dogs which are used as private guard dogs on the property of their
owner's private residence shall be excluded from the provisions of
this section unless said residence is located on premises used for
commercial purposes. Guard dogs kept in a kennel with a valid professional
animal permit are also excluded.
A.
If the Director makes an inspection of a kennel, grooming parlor,
pet shop, shelter, facility for exotic animals or commercial property
where guard dogs are used, and discovers a violation of law or regulations,
he shall notify the permit holder, or operator, of such violations
by means of an inspection report form or other written notice. The
notice shall:
(1)
Set forth the specific violation found;
(2)
Establish a specific and reasonable period of time for correction
of the violation found;
(3)
State that failure to comply with any notice issued in accordance
with the provisions of this chapter may result in immediate suspension
of the permit; and
(4)
State than an opportunity for appeal from any notice or inspection
findings will be provided if a written request for a hearing is filed
with the Director within five days of the receipt of the notification.
B.
Notices provided for under this section shall be deemed to have been
properly served when the original of the inspection report form or
other notice has been delivered personally or mailed by registered
or certified mail, return receipt requested, to the permit holder,
person in charge, or alleged violator. A copy of such notice shall
be filed with the records of the Director.
C.
Hearings provided for in this section shall be conducted by the Director
at a time and place designated by him. Based upon the record of such
hearing, the Director shall make a finding and shall sustain, modify
or rescind any official notice or order considered in the hearing.
A written report of the hearing decision shall be furnished to the
permit holder by the Director. This subsection shall not be intended
to preclude the institution of court action as provided elsewhere
in this chapter.
D.
Permits may be suspended by the Director for failure of the holder
to comply with the requirements of law or regulations. The Director
may notify a permit holder in writing that the permit or license is,
upon receipt of the notice, immediately suspended, and that an opportunity
for a hearing will be provided if a written request for a hearing
is filed with the Director within five days of receipt.
E.
Notwithstanding the notice requirements herein, when the Director
finds unsanitary or other conditions in the operation of a kennel,
grooming parlor, pet shop, shelter, exotic animal facility, or site
where guard dogs are used, which, in his judgment, constitute a substantial
hazard to public health, he may, without notice or opportunity to
be heard, issue a written notice to the permit holder or operator
citing such condition and stating the corrective action to be taken.
If deemed necessary, the permit shall be immediately suspended and
all operations immediately discontinued. Any person to whom such an
order is issued shall comply forthwith.
F.
For repeated violation of any of the requirements of law or regulations
or for interference with the Director in the performance of his duties,
the violator's permits may be permanently revoked after an opportunity
for a hearing has been provided by the Director. The individual whose
professional animal, exotic animal or guard dog permit is revoked
shall not apply for another permit or license for the period of one
year. Prior to such action, the Director shall notify the permit holder
in writing, stating the reasons for which the permit is proposed to
be revoked at the end of five days following service of such notice,
unless a request for a hearing is filed with the Director by the permit
holder or licensee within such five-day period.
G.
If an exotic animal permit is revoked, the owner of the exotic animal
shall give away, sell or surrender the animal to the animal control
center within five days of the effective date of revocation. If, within
seven days thereafter, the Director finds the former permittee is
in compliance with law and regulations, the permit shall be renewed.
H.
Any person whose professional animal or guard dog permit has been
suspended shall cease the previously permitted activity. Said person
may, at any time, make application for inspection for the purpose
of reinstatement of the permit. Within five days of a request for
reinstatement, the Director shall make an inspection. If the applicant
is complying with the requirements of law and regulations, the permit
may be reinstated.
I.
Any person aggrieved by any decision of the Director may, within
five days of receipt of his decision, file written notice of appeal
to the City Manager. The hearing of the City Manager shall be conducted
within 30 days of receipt of the notice of appeal. The actions of
the City Manager may be appealed to the governing body.
