[Ord. No. 2021-9, 3-22-2021[1]]
For purposes of this Article, a "wild or exotic animal" means an animal which is usually not a domestic animal and which can normally be found in the wild state including the wild state of any part of the Earth which is not naturally tame or gentle and which is of a wild nature or disposition and which is capable of killing, inflicting serious injury upon or causing disease among human beings or domestic animals and having known tendencies as a species to do so regardless of whether the individual specimen has ever demonstrated such tendencies. Wild or exotic animal, includes, but is not necessarily limited to: lions, tigers, leopards, panthers, mountain lion, puma, catamount, bobcat, jaguars, wolves, coyote, foxes, lynxes or any other or hybrid of like animals, alligators, crocodiles, caiman, apes, elephants, rhinoceros, bears, all forms of poisonous or venomous snakes, snakes that are constrictors that exceed eight (8) feet in length when mature, raccoons, badgers, wolverines, skunks, monkeys, chimpanzees, orangutans, bats and opossum or any other animal whose possession is forbidden to be sold, owned or possessed by Federal or State law. Dogs shall not be included in this Article IV, unless hybrid with any species listed herein or which may be considered exotic or wild as defined herein, which animals shall be otherwise subject to the provisions of Article III of this Chapter of the City Code.
[Ord. No. 2021-9, 3-22-2021]
Except as hereinafter provided, no person shall have, keep,
maintain, or have in said person's possession or under said person's
control within the City any wild or exotic animal.
[Ord. No. 2021-9, 3-22-2021]
No person owning, harboring, or having charge, custody, control
or possession of a non-venomous snake exceeding eight (8) feet in
length, shall allow such animal to remain within the City unless and
until a permit to do so has been obtained and complies with all terms
and conditions of such permit; and in addition thereto, such animal
shall at all times be so confined, controlled and restrained in such
manner so the life, limb or property of any person lawfully entering
such premises shall not be endangered. Failure to obtain a permit
when required after written notification by the Animal Control Officer
or an authorized member of the Trenton Police Department, shall be
adequate grounds for said officer to impound said animal until a permit
is obtained. If no permit is obtained within ten (10) days, said animal
will be subject to summary destruction.
[Ord. No. 2021-9, 3-22-2021]
No person shall have, keep, maintain, or have in said person's
possession or under said person's control within in the City any non-venomous
snake exceeding eight (8) feet in length without first applying for
and receiving a permit from the City, provided no permit shall be
granted except with such conditions attached as shall, in the opinion
of the City Council, reasonably ensure the public health, safety,
and general welfare and in any event no permit shall be granted for
any snake at a particular location except upon an explicit finding
by the City Council that the issuance thereof will not be contrary
to the public health, welfare, and safety and no permit shall be granted
for any such snake to be housed at any location in a residential area.
[Ord. No. 2021-9, 3-22-2021]
A.
Application
Requirements. An application for a permit to keep, harbor or shelter
a non-venomous snake exceeding eight (8) feet in length should be
verified by the person who desires to keep, harbor or shelter such
animal and shall set forth the following:
1.
Name, address and telephone number of the applicant;
2.
The applicant's interest in such animal;
3.
The proposed location, and the name, address and telephone number
of the owner of such location, and of the lessee, if any;
4.
The number and general description of all snakes including two (2)
color photographs of each animal for which a permit is sought;
5.
Any information known to the applicant concerning vicious or dangerous
behaviors or tendencies;
6.
The housing arrangements for all such animals with particular details
as to safety or structure, locks, fencing, etc. No application will
be approved that does not provide that said snake is to be kept in
a locked tank inside of a locked room which must be constructed as
to prevent accidental escape;
7.
Safety precautions proposed to be taken;
8.
Prior history of incidents involving the public health or safety
involving said applicant and any of said snakes;
9.
Proof of insurance to cover those who may be injured, killed, or
otherwise damaged by such animal, providing coverage in any such occurrence,
subject to a limit exclusive of interest and costs of no less than
three hundred thousand dollars ($300,000.00);
10.
A statement, signed by the applicant, indemnifying the City and its
agents and employees for any and all injuries that may result from
such animal;
11.
Any additional information required by the City Council at the time
of filing such application or thereafter; and
12.
Inspection of animal and enclosure by a Veterinarian licensed in
the State of Missouri, at applicant's expense.
B.
Fees.
The annual fee for a permit application shall be one hundred ninety
dollars ($190.00) for each snake. Said fee shall be payable to the
City of Trenton at the time of filing the permit application. The
permit shall be valid for one (1) year renewable on June 30 each year
and applications for renewal of any permit shall be made not less
than forty-five (45) days prior to the expiration thereof and shall
be accompanied by a non-refundable fee of fifty dollars ($50.00).
Applications for renewals received late shall be accompanied by a
non-refundable fee of seventy-five dollars ($75.00).
C.
Approval.
Upon the receipt of an application for an initial permit to house
a non-venomous snake in excess of eight (8) feet, said application
shall be taken up at the next regularly scheduled City Council meeting,
provided said application is received prior to the agenda being sent
to the press. The City Council shall consider said application and
by majority vote, approve or deny said application. If the City Council
elects to approve the application, it may place any requirements related
to the housing/keeping of said snake as it deems to be in the best
interest of the City.
[Ord. No. 2021-9, 3-22-2021]
Prior to the annual renewal of any permit issued hereunder and
at least once not more than six (6) months after the issuance of any
such permit or after its renewal, review an inspection provided by
the owner from a Veterinarian licensed in the State of Missouri stating
that the enclosures are safe and humane. If the Animal Control Officer
or other authorized member of the Trenton Police Department determines
that any of the conditions stated in the permit or required by law
are being violated, the officer shall deny the renewal of any such
permit or revoke such permit in the event that such violation is not
corrected within the period of time as directed.
[Ord. No. 2021-9, 3-22-2021]
The Animal Control Officer or other authorized member of the
Trenton Police Department may, for good cause, revoke any permit or
modify any terns or provisions thereof and may, in the event it is
reasonably necessary to protect against an immediate threat or danger
to the public health or safety suspend any permit or portion thereof.
Failure to comply with any of the provisions of this Chapter shall
be sufficient grounds for revocation.
[Ord. No. 2021-9, 3-22-2021]
A.
Animals
owned by governmental, law enforcement agencies or military services
when being used or kept or harbored in the services of those entities
are exempt from the provisions of this Article; however, said entities
shall advise the Animal Control Officer or Chief of Police of the
presence of such animals within the corporate limits of the City except
in exigent circumstances.
B.
This
Article shall not apply to circuses or carnivals performing within
the corporate limits of the City or other traveling or temporary exhibitions
not exceeding seven (7) days. The Animal Control Officer may upon
application extend the period of display or exhibition for a period
and on such terms as the Animal Control Officer shall determine as
will protect the public health, safety and welfare.
[Ord. No. 2021-9, 3-22-2021]
In addition to any penalty provided for in this Article, any
person who violates this Article shall pay all expenses, including
shelter, food, handling, veterinary care, testimony fees and disposal
fees necessitated by the enforcement of this Article including any
expense incurred during the pendency of any court case or subsequent
appeal thereof. Further, if any Police Officer or Animal Control Officer
shall suffer injury from an exotic or wild animal while in the performance
of his or her lawful duties, said owner, keeper or harborer of said
exotic or wild animal shall be liable to said Police Officer or Animal
Control Officer for all expenses incurred for the treatment of said
injuries.
[Ord. No. 2021-9, 3-22-2021]
A.
Any
exotic or wild animal found running at large within the corporate
limits of the City whether on the property of the owner, keeper or
harborer of said exotic or wild animal or on public property or property
of any person or entity other than the owner, keeper or harborer whether
or not said exotic or wild animal is on said other person's property
with or without their knowledge or consent shall be seized by any
Animal Control Officer or any Police Officer. Said exotic or wild
animal shall be securely confined in such manner as necessary for
the particular species and type of animal given its propensities,
needs and nature so as to prevent said exotic or wild animal from
escaping said confinement. Said exotic or wild animal shall not be
returned to the custody of its owner, keeper or harborer except upon
a finding by the Municipal Court that the animal is not an exotic
or wild animal as defined by this Article. If the owner, keeper or
harborer of said exotic or wild animal cannot be found, located or
determined, the exotic or wild animal shall be disposed of.
B.
Whenever
any Animal Control Officer or Police Officer believes their own lives
or bodily safety are threatened by an animal said officer believes
to be exotic or wild or where the life, person or property of an another
is threatened by said animal, the Animal Control Officer or Police
Officer may use whatever force necessary to protect himself or herself
or the life and person of any other person including the use of deadly
force to kill said animal.
C.
The
Animal Control Officer or any Police Officer shall have the right
to pursue any animal believed by said officer to be exotic or wild
that is running at large in the corporate limits of the City and to
pursue said animal onto any private property and apprehend said animal.
[Ord. No. 2021-9, 3-22-2021]
The City shall be under no duty to attempt the confinement or
capture of an exotic or wild animal found at large, nor shall it have
a duty to notify the owner of such animal prior to its destruction.
Further, the City shall be under no such duty to attempt the confinement
or capture of an exotic or wild animal found on property owned by
the owner, keeper or harborer of such animal or within the dwelling
or other building or structure owned or occupied by the owner, keeper
or harborer or such animal prior to its destruction.
[Ord. No. 2021-9, 3-22-2021]
Upon the complaint of any person that a person is keeping, sheltering,
or harboring an exotic or wild animal on premises within the corporate
limits of the City without a permit as described herein, the Animal
Control Officer or Chief of Police shall cause the matter to be investigated.
If, after investigation the facts indicate that the person or persons
named in the complaint is keeping, sheltering or harboring an exotic
or wild animal in violation of this Article, the Animal Control Officer
or Chief of Police shall, in addition to the issuance of a citation
or ticket for violation of this Article, immediately cause said animal
to be seized and impounded or confined pending the outcome of any
citation or ticket issued as a result of the keeping, sheltering or
harboring of said animal in violation of this Article.
[Ord. No. 2021-9, 3-22-2021]
A.
Any person, persons or entity cited with a violation of this Article may appeal the classification by any Police Officer or Animal Control Officer of an animal as exotic or wild under the same manner and under the same provisions as contained in Section 210.200(B) of Title II, Article II, Chapter 210 of the City Code in like manner as for dangerous dogs. If the final determination of the Hearing Board as provided in Section 210.200(B) of the City Code is that the animal is not an exotic or wild animal as provided for in this Article, the City Prosecutor shall cause any citation or ticket issued to any person under the provisions of this Article IV related to said animal to be dismissed.
B.
Nothing
in this Section shall give any keeper or harborer of any alleged exotic
or wild animal any cause of action for any injury or damage against
any Police Officer or Animal Control Officer as a result of their
exercise of his or her authority pursuant to this Article.
[Ord. No. 2021-9, 3-22-2021]
A.
Any
person who knowingly keeps, shelters or harbors any wild or exotic
animal in violation of this Article shall be guilty of an ordinance
violation and upon conviction thereof shall be punished by a fine
not less than one hundred dollars ($100.00) and not more than five
hundred dollars ($500.00) or by imprisonment in the City Jail for
not more than three (3) months, or by both such fine and imprisonment.
B.
In addition, the Municipal Court shall have the exotic or wild animal removed from the City. If the owner, keeper or harborer of such exotic or wild animal shall refuse to remove said exotic or wild animal from the City, the Judge shall find the defendant in contempt and order immediate confiscation of said exotic or wild animal by an Animal Control Officer, Police Officer or other appropriate person. The Judge shall either order said confiscated exotic or wild animal to be humanely destroyed or given into the care and custody of some appropriate shelter or facility, such as, but not limited to, a duly licensed and operating zoo, animal shelter, animal refuge or to the Missouri Department of conservation or Department of Natural Resources should such entity or facility be available and willing to accept said exotic or wild animal. In addition to any fine or term of imprisonment imposed by the Municipal Court for a violation of this Article, the Court shall order the defendant to pay any costs or expenses incurred under Section 210.300 of this Article.
