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Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.
(A) It shall be unlawful for any person within the corporate limits of the city to own, to allow to be in or upon any premises occupied by that person or under that person’s charge or control or otherwise keep, hold, maintain or bring into the city any wild or exotic animal without first obtaining a permit issued by the Exotic Animal Permit Review Committee. No household shall be allowed to have more than two wild or exotic animals at any one time even with a permit. This section shall not apply:
(1) To any city, state or federal zoo, park, refuge or wildlife area which is open to the public;
(2) To any bona fide circus or traveling animal exhibit;
(3) To any animal hospitals operated by duly licensed veterinarians; or
(4) To any licensed educational institutions or licensed animal research facilities.
(B) The Exotic Animal Permit Review Committee is hereby created and shall consist of the City Administrator and the Chief of Police or designee.
(Prior Code, § 90.060) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004; Ord. 07-22, passed 11-19-2007; Ord. 13-02, passed 3-4-2013) Penalty, see § 90.999
Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.
The procedures for obtaining a wild or exotic animal permit are listed as follows.
(A) The person desiring a permit must file an application with an animal control officer and pay an application and administrative fee as set by resolution.
(B) An administrative hearing before the Exotic Animal Permit Review Committee is scheduled by the City Clerk’s office.
(C) (1) Notice of administrative hearing on the application is published at least one week prior to the meeting of the Exotic Animal Permit Review Committee during which the application will be heard. The publication costs will be paid by the applicant prior to receiving a permit.
(2) At least ten days prior to the date of the hearing, notice of the application and the time and date of the administrative hearing shall be given by the applicant to occupants of residences and managers of multi-family dwellings within 300 feet of the location for which the permit is requested. Prior to the administrative hearing, each applicant shall file in the City Clerk’s office a written statement declaring that proper notices have been given as required in this section.
(D) If it appears to a majority of the Exotic Animal Permit Review Committee following an administrative hearing that the following conditions are met, then in such event the Exotic Animal Permit Review Committee shall grant a permit to the applicant:
(1) Granting of the permit would not create a nuisance or cause for public safety or concern;
(2) The applicant is a fit and proper person or entity to maintain, keep and hold the wild or exotic animal(s) which the applicant seeks to own or possess; and
(3) The premises of the applicant are such as to safely maintain the wild or exotic animal(s).
(E) Any applicant, or any person opposed to the granting of a permit, may appeal the decision of the Exotic Animal Permit Review Committee to the City Council. The City Council shall conduct a hearing on the permit and after such hearing shall either confirm or reverse the decision of the Exotic Animal Permit Review Committee. The hearing before the City Council shall not require further publication or notice other than as a regular Council agenda item.
(Prior Code, § 90.061) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004; Ord. 05-10, passed 3-7-2005; Ord. 07-22, passed 11-19-2007)
Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.
During the public hearing, the following must occur.
(A) The applicant must, at minimum, explain the purpose for seeking the application, declare the number of animals to be kept under the permit and demonstrate how the wild or exotic animal(s) will be maintained, kept, held and controlled.
(B) Members of the public shall be allowed to object and show cause why the application should not be granted.
(Prior Code, § 90.062) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004)
Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.
(A) Permits may be granted for any duration not exceeding one year. To obtain a renewal permit, a person must file an application for the renewal with an animal control officer. The lead animal control officer shall determine, without an administrative hearing, whether or not a renewal permit should be granted.
(B) In the event a renewal application is denied, the applicant may appeal that decision to the Exotic Animal Permit Review Committee which will utilize the hearing procedures set forth in § 90.061 of this code.
(Prior Code, § 90.063) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004; Ord. 07-22, passed 11-19-2007)
Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.
Permits may not be transferred under any circumstances.
(Prior Code, § 90.064) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004) Penalty, see § 90.999
Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.
(A) It shall be a condition of the issuance of a permit that the city or any of its agents shall be permitted to inspect the premises and all animals thereon which are kept under the permit, without notice between 7:00 a.m. and 9:00 p.m. on any day. Refusal to allow an inspection by an authorized agent of the city shall be grounds for revocation or suspension of the permit.
(B) If, on inspection, it is found that the holder of the permit, or his, her or its employees, have failed to adequately hold or control the animal(s) held under the permit or to properly care for the animal(s) as set forth in this chapter, the lead animal control officer or designee who has performed the inspection shall report those findings to the Exotic Animal Permit Review Committee.
(Prior Code, § 90.065) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004; Ord. 07-22, passed 11-19-2007)
Publisher's Note: This Section has been REPEALED by new legislation (Ord. 24-26, passed 10-7-2024. The text of the amendment will be incorporated below when the amending legislation is codified.
(A) The Exotic Animal Permit Review Committee may, after proper notice and hearing, revoke or suspend such permit for one or more of the following causes:
(1) Refusal by the permit holder to allow the city to inspect the premises or examine the animal(s) thereon which are kept under the permit;
(2) The conviction of the permit holder or any of the household members for the offense of cruelty to animals as set forth in § 90.036 of this code, whether or not said conviction is based upon the treatment of animals maintained, held or kept under the permit;
(3) The conviction of the permit holder or any of the household members for the offense of running at large as set forth in § 90.032 of this code or owner’s duties as set forth in § 90.030 of this code, whether or not said conviction is based upon the treatment of animals maintained, held or kept under the permit; or
(4) A reasonable showing that the health and safety of the public (PUBLIC shall include the members of the household where the subject animal(s) are maintained, held or kept under the permit) are endangered by the maintaining, holding or keeping of any of the animal(s) under the permit.
(B) Any decision of the Exotic Animal Permit Review Committee made pursuant to this section may be appealed to the City Council utilizing the hearing procedures set forth in § 90.061 of this code.
(Prior Code, § 90.066) (Ord. 97-16, passed 8-4-1997; Ord. 01-42, passed 8-2-2001; Ord. 04-03, passed 1-5-2004; Ord. 05-21, passed 3-21-2005; Ord. 07-22, passed 11-19-2007)
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