[R.O. 1998 § 210.270; CC 1988 §4-56; Ord. No. 1127 §1, 7-1-1985]
This Article may be known and cited
as the "Non-Domestic Animal Code."
[R.O. 1998 § 210.280; CC 1988 §4-57; Ord. No. 1127 §2, 7-1-1985]
In order to enhance the health and
safety of St. Ann citizens, the provisions of this Article shall be
in effect in all parts of the City.
[R.O. 1998 § 210.290; CC 1988 §4-58; Ord. No. 1127 §3, 7-1-1985]
The following words, terms and phrases,
when used in this Article, shall have the meanings ascribed to them
in this Section, except where the context clearly indicates a different
meaning:
Person(s) or agent(s) employed or designated to enforce this
Article.
All felines other than the domestic house cat, non-human
primates, bears, wolves, coyotes, foxes, venomous and constricting
reptiles, and any crossbreed animals specified herein.
Any individual, co-partnership, firm, association, company,
corporation or combination of individuals, of whatever form or character.
[R.O. 1998 § 210.300; CC 1988 §4-59; Ord. No. 1127 §8, 7-1-1985]
A.
The provisions of this Article shall not
apply to the keeping of non-domestic animals in the following cases:
1.
The keeping of such animals in zoos,
bona fide educational or medical institutions, museums or any other
place where they are kept as live specimens for the public view, or
for the purpose of instruction or study;
2.
The keeping of such animals for exhibition
to the public of such animals by a circus, carnival or other exhibit
or show;
3.
The keeping and offering for sale
of such animals by a bona fide commercial pet shop establishment.
[R.O. 1998 § 210.290; CC 1988 § 4-58; Ord. No. 1127 § 3, 7-1-1985]
In order to properly administer the provisions of this Article,
the Animal Control Officer may add to or remove from the classification
of non-domestic animal any bird, mammal, reptile, aquatic and amphibious
forms, or other members of the animal kingdom. Additions to the list
may be made only if the Animal Control Officer determines, after public
hearing, that such species because of habit, mode of life or natural
instinct is incapable of being domesticated, requires the exercise
of art, force or skill to keep them safely in subjection, and would
create a reasonable likelihood of hazard to the public. Each determination
by the Animal Control Officer as to additions or deletions shall become
effective when filed with the City Clerk.
[R.O. 1998 § 210.310; CC 1988 §4-60; Ord. No. 1127 §5, 7-1-1985]
It shall be the duty of any person
who sells or gives away a non-domestic animal to notify the Animal
Control Officer of the sale or gift of the animal and provide the
Animal Control Officer with the name of the new owner, the address
of the new owner and the date of the sale or gift.
[R.O. 1998 § 210.320; CC 1988 §4-61; Ord. No. 1127 §7, 7-1-1985]
A.
Each application for license under this
Article or amendment shall be filed with the Animal Control Officer
who shall inspect all locations for the keeping of any non-domestic
animal for cleanliness and safe possession of the animal.
B.
Prior to the granting of a license or amendment,
the applicant shall be required to present to the Animal Control Officer
for his/her inspection a State wildlife breeder permit, wildlife collector's
permit, wildlife rehabilitation permit or a wildlife hobby permit,
if the keeping of such animal in this State requires any such permit.
C.
Such license or amendment shall be issued
by the Animal Control Officer after satisfactory evidence by the applicant
and personal inspection by the Animal Control Officer that the applicant
will confine any non-domestic animal in facilities that meet the cage
size standards of the Association of Zoos and Aquariums and as specified
in the Federal Animal Welfare Act. No license or amendment shall be
issued when any outdoor enclosure designed for confinement of a non-domestic
animal which is required to be a minimum of eighty (80) square feet
by the cage size standards of the Association of Zoos and Aquariums
and as specified in the Federal Animal Welfare Act is located closer
than one hundred (100) feet from any property line. If the total square
footage of two (2) or more enclosures totals eighty (80) square feet
or more, all of such enclosures shall be located one hundred (100)
feet from any property line. All other enclosures must conform to
setback requirements as provided by City ordinance.
D.
Such license or amendment will not be issued
by the Animal Control Officer when he/she finds one (1) or more of
the following:
1.
Intentional misstatements or misleading
statements of fact in the application;
2.
An applicant who has previously had
his/her non-domestic license revoked;
3.
When, in the Animal Control Officer's
opinion, the animal cannot or will not be kept or maintained without
menacing the safety of any person or property.
E.
Each applicant shall be notified by mail
or by hand delivery of the issuance or non-issuance of a license or
amendment by the Animal Control Officer.
F.
If the Animal Control Officer does not
issue a license or amendment, the reasons for his/her not doing so
shall be in writing and shall accompany the notice of non-issuance.
G.
An applicant may request a hearing before
the Animal Control Officer by written request within ten (10) days
after receipt of notice of non-issuance of a license or amendment.
The Animal Control Officer shall render a decision including findings
of fact based on the evidence presented at such hearing, and such
decision shall constitute a final administrative decision.
[R.O. 1998 § 210.330; CC 1988 §4-62; Ord. No. 1127 §4, 7-1-1985]
It shall be unlawful for any person
to bring into, send into, receive into, buy, sell or possess in the
City a non-domestic animal without first applying for and obtaining
a license from the Animal Control Officer. No license shall be required
for the uninterrupted transportation of non-domestic animals through
the City.
[R.O. 1998 § 210.340; CC 1988 §4-63; Ord. No. 1127 §6, 7-1-1985]
A.
The application for a license under this
Article shall contain the following:
1.
Name and address of the applicant;
2.
If a corporation, the State under
which incorporated, the date of incorporation, the address of the
principal office, and the names and addresses of its officers;
3.
If any other type of organization,
the name thereof, the location of its office, and the names and addresses
of the principal officers, directors, trustees or managing officials
or partners;
4.
The place of origin of the animal
or animals or classes of animals;
5.
A description of the animal or animals
including species;
6.
The address of the premises where
the animal or animals will be kept;
7.
Proof of the applicant's ability
to respond in damages for bodily injury to or death of any person
or persons or for damage to property owned by any other person which
may result from the ownership, keeping or maintenance of such animal.
Proof of ability to respond in damages may be given by filing with
the Animal Control Officer a certificate of insurance from an insurance
company authorized to do business in the State stating that the applicant
is, at the time of application, insured by a policy of one hundred
thousand dollars ($100,000.00) combined single limit liability for
bodily injury and property damage or by posting with the Animal Control
Officer a surety bond conditioned upon the payment of such damages.
Such certificate of insurance shall provide that no cancellation of
the insurance or bond will be made unless ten (10) days' written notice
is first given to the Animal Control Officer.
B.
The application shall be in writing verified
by the affidavit of the applicant.
C.
Only one (1) license shall be required
for each location at which non-domestic animals are to be kept. Additional
animals or classes of animals may be authorized by amended license,
which shall be applied for and issued in the same manner as an original
license.
[R.O. 1998 § 210.350; CC 1988 §4-64; Ord. No. 1127 §9, 7-1-1985]
A.
The Animal Control Officer may revoke a
license issued under this Article if he/she finds violation of any
Section of this Article.
B.
The Animal Control Officer will revoke
a license issued under this Article when he/she finds one (1) or more
of the following:
1.
Intentional misstatements or misleading
statements of fact in the application not discovered until after the
issuance of the license;
2.
Any non-domestic animal has been
found off the premises licensed for confinement of the animal without
the written permission of the Animal Control Officer unless the licensee
demonstrates that the animal's enclosure was adequately secured by
a padlock or other securing device approved by the Animal Control
Officer and that such event was not the result of the licensee's fault
or negligence.
C.
If the Animal Control Officer revokes the
license, the licensee shall be entitled to a hearing before the Animal
Control Officer by requesting same within ten (10) days of receipt
of notice of revocation. The decision of the Animal Control Officer
after hearing and the reasons therefor shall be sent by certified
mail or hand delivered to licensee, and shall constitute a final administrative
decision.
[R.O. 1998 § 210.360; CC 1988 §4-65; Ord. No. 1127 §10, 7-1-1985]
A license issued under this Article
shall not be transferable with respect to persons and/or locations.
[R.O. 1998 § 210.370; CC 1988 §4-66; Ord. No. 1127 §11, 7-1-1985]
A.
It shall be unlawful for any non-domestic animal to be off the premises licensed for confinement of the animal or off the premises where it is kept and maintained without written permission of the Animal Control Officer. It shall be the duty of the licensee or the person who keeps and/or maintains the animal to care for the animal at all times and maintain confinement as provided in the cage size standards of the Association of Zoos and Aquariums and as specified in the Federal Animal Welfare Act. When any non-domestic animal is found off the premises licensed for confinement or off the premises where it is kept and maintained without written permission of the Animal Control Officer, the licensee or keeper may be brought to trial. If convicted of a violation of this provision, the court may order the animal to be euthanized or the licensee or keeper subjected to penalties as provided in Section 210.380 of this Article or both euthanization and such penalties.
B.
It shall be the duty of any licensee or
keeper of a non-domestic animal to promptly report to the nearest
authorities when it is found that the animal is missing.
C.
Any person who willfully, negligently or
in violation of the provisions of this Article keeps and/or maintains
a non-domestic animal shall be liable for any expenses incurred in
searching for, containing, returning or disposing of the animal when
it is off the premises of the licensee and/or keeper.
[R.O. 1998 § 210.380; CC 1988 §4-67; Ord. No. 1127 §12, 7-1-1985]
A.
Every person who shall be convicted of a violation of any of the provisions of this Article shall be subject to punishment as provided in Section 100.220 of this Code.
B.
In addition to the foregoing penalties,
the City Attorney shall take such other actions at law or equity as
may be appropriate to enforce this Article.
