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(a) Dangerous Animals Prohibited. Except as provided in this section, no person shall own, keep or harbor any dangerous animal in the City.
(b) Dangerous Animal Defined. Any another other than domestic dogs and cats which, in wild state, are carnivorous or which because of their nature or physical makeup are capable of inflicting serious physical harm or death to human beings including, but not limited to, such animals which belong to the cat family, or snakes which are poisonous or otherwise present a risk of serious physical harm or death to human beings as a result of their nature or physical makeup, including all constrictors; and all bears, lions, tigers, leopards, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, hyena, wolf, fox, mink, coyote, falcon, condor, eagle or any other raptor, monkey, gorilla, ape or other nonhuman primate, crocodilian reptile, poisonous lizard, nonpoisonous snake exceeding five feet in length or nonpoisonous lizard exceeding five feet in length.
(c) Exceptions. The provisions of divisions (a) and (b) of this section shall not apply to any keeping of such animals in a bona fide licensed veterinary hospital or associated facility for treatment, bona fide educational or medical institution, museums, or any other place where they are kept as live exhibits or for study; circus, carnival, zoo or other event for entertainment, which is authorized by the proper and responsible official or officials of the City in accordance with all applicable laws and ordinances, provided that proper bond or insurance be posted, to indemnify those who may be injured or killed by dangerous animals. The type and amount of such bond or insurance shall be determined by the City Attorney, except where otherwise provided by this section.
(d) Notice of Keeping Dangerous Animals. Upon the written complaint of any person that a person owns or is keeping or harboring a dangerous animal on premises in the City, the Chief of Police shall forthwith cause the matter to be investigated and if, after investigation, the facts indicated that such person named in the complaint, is in fact the owner or is keeping or harboring any such dangerous animal in the City, he shall forthwith send written notice to such person, requiring such person to safely remove said animal from the City within three days of the date of said notice. Notice as herein provided shall not be required where such dangerous animal has previously caused serious physical harm or death to any person, or has escaped and is at large, in which case the Chief of Police shall cause said animal to be immediately seized and impounded, according to the provisions of division (e) of this section, or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.
(e) Seizure and Impounding of Dangerous Animals. The Chief of Police shall forthwith cause to be seized and impounded any dangerous animal where the person owning, keeping or harboring such animal has failed to comply with the notice sent pursuant to division (d) of this section. Upon a seizure and impoundment, said animal shall be delivered to a place of confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animals. If, during the course of seizing and impounding any such animal, the animal poses a risk of serious physical harm or death to any person, such person or persons authorized by the Chief of Police may render said animal immobile, by means of tranquilizers or other safe drugs or if that is not safely possible, then said animal may be killed.
(f) Cost to be Paid by Reasonable Persons. Any reasonable cost incurred by the Chief of Police in seizing, impounding and for confining any dangerous or wild animal shall be charged against the owner, keeper, or harborer of such animal and shall be collected by the City Attorney. Such charge shall be in addition to any fine or penalty provided for violating this section.
(g) Permit Required.
(1) It shall be unlawful for any person to keep or maintain within the City any dangerous animal unless a special annual permit therefore is first obtained from the Chief of Police. The Chief of Police shall issue a special permit for the keeping or maintenance of a dangerous animal if he finds:
A. That the animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or the property of others;
B. That adequate safeguards are made to prevent unauthorized access to such animal by members of the public;
C. That the health or well-being of the animal is not in any way endangered by the manner of keeping or confinement;
D. That the keeping of such animal does not constitute a nuisance and will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood;
E. That the keeping of such animal will not create or cause offensive odors or constitute a danger to public health;
F. That the quarters in which such animal is kept or confined are adequately lighted and ventilated and are so constructed that they may be kept in a clean and sanitary condition; and
G. That the applicant for such special permit proves his ability to respond in damages to and including the amount of one hundred thousand dollars ($100,000) 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 liability to respond in damages may be given by filing with the Chief of Police a certificate of insurance stating that applicant is, at the time of his application, and will be during the period of such special permit, insured against liability to respond in such damages, or by posting with the Chief of Police a surety bond conditioned upon the payment of such damages during the period of such special permit. Such certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless ten days written notice is first given to the Chief of Police.
(2) The cost of the special annual permit shall be twenty-five dollars ($25.00).
(Ord. 765. Passed 9-10-01.)