(A) It shall be unlawful for any person, group of persons, business, partnership or corporation to keep, maintain, trade in or have in his or her possession or under his or her personal control within the corporate boundaries of the county any reptile or animal of any species not ordinarily domesticated that is carnivorous and/or is capable of inflicting bodily injury or serious bodily injury or death to human beings, including, but not limited to, the following: bears, lions, tigers, leopard, wolves, wolverines, badgers, skunks, elephants, rhinoceros, cougars, primates, prairie dogs, foxes, alligators and crocodiles without first obtaining a duly-issued permit to keep, maintain, trade in, display or have such animal in possession from the United States Department of Agriculture as authorized by the U.S.D.A. Animal Welfare Act, 7 U.S.C. §§ 2131 through 2157 and all applicable provisions of 9 C.F.R. parts 1, 2 and 3 and all subchapters and subparts thereof. All provisions of the U.S.D.A. Animal Welfare Act, cited at 7 U.S.C. §§ 2131 through 2157 and all provisions of 9 C.F.R., in all subparts and subchapters and as same may be amended, modified or supplemented by U.S.D.A. or Act of Congress from time to time.
(B) It shall be unlawful, notwithstanding the foregoing citation procedure, and notwithstanding the issuance of any state or U.S.D.A. permit as referenced above, to keep, own or trade in the proscribed classifications of animals described herein in such a manner that might, or is reasonably likely to, endanger the public health or when it is determined that such keeping, owning or trading in such animals is taking place in such a manner that might cause other persons, the animal being kept or any other animals to be injured or exposed to contracting diseases. If such violation is witnessed by any enforcement officer under this division (B), or if such enforcement officer, upon a consideration of the totality of circumstances confronting him or her at the time he or she responds to a complaint hereunder, has reasonable cause that a violation of this division (B) has occurred within the preceding 12 hours, such enforcement officer shall issue a citation to the person alleged to have violated this division (B).
(C) It shall be unlawful for any person, group of persons, business, partnership or corporation to keep, maintain, trade in or have in his or her possession or under his or her personal control any dairy products, meats, meat products, seafood, poultry, confectionery, baking products, vegetable, fruits, dead animal carcasses or remains or other perishable articles that are unsound, or contain any filthy, decomposed or putrid substance, or that maybe poisonous or deleterious to the public health or otherwise unsafe on his or her premises in such quantities, or under circumstances, that the keeping thereof might endanger the public health, safety or welfare or might cause other persons, the animal being possessed or other animals to be injured or contract diseases. If such violation is witnessed by any enforcement officer under this division (C) or if such enforcement officer, upon a consideration of the totality of circumstances confronting him or her at the time he or she responds to a complaint hereunder, has reasonable cause that a violation of this division (C) has occurred within the preceding 12 hours, such enforcement officer shall issue a citation to the person alleged to have violated this division (C).
(D) Notwithstanding any provision of this subchapter, any order or any state or federal law or regulation, the enforcement officers named above are empowered, in circumstances where they, themselves, or other persons, in their presence, are in danger of bodily injury or serious bodily injury from an animal within the classifications contained in Section 1, or from any other animal, to use such force as is necessary under the circumstances including deadly force, to disable or destroy any such animal posing such threat of harm to any such person.
(Ord. 10-92, passed 11-17-1992) Penalty, see § 91.99