(a) “Wild and/or exotic animal” means those mammals, reptiles, or fowl which are not ordinary household or domesticated pets and which are ordinarily and customarily confined to zoos or similar animal farms or which are found in the natural and wild habitat.
(b) No person being the owner of or having possession or charge of a dangerous animal shall keep or maintain such wild and/or exotic animal within the corporate limits of the City unless he has first obtained a special animal permit issued by the Director of Public Service.
(c) The wild/exotic animal permit is hereby established to permit the keeping or maintenance as a pet for the private use of members of the family of a given residence, such wild and/or exotic animals which are not specifically classified by the Director of Public Service as being animals which will not jeopardize, endanger or otherwise constitute a menace to the public health, safety and general welfare.
(d) Any person desiring a wild and/or exotic animal permit provided for in this law suit must file an application with the Director of Public Service, containing the following information:
(1) The name and address of the applicant and of all persons owning any or all of the property proposed to be used.
(2) Evidence that the applicant is the owner of the premises involved, or has the written permission of the legal owner of such premises to make the application.
(3) The location of the subject property including address or vicinity.
(4) The type and number of animals for which the permit is requested and a description of how the animals will be housed.
(5) Such other information as the Director of Public Service may require.
(e) In addition to the information required in the application, the applicant shall substantiate to the satisfaction of the Director of Public Service the following facts:
(1) That the wild and/or exotic animals at the location proposed will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare.
(2) That the proposed site is adequate in size and shape to accommodate the number and type of animals for which the permit is requested, without material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site.
(3) That the animal shall be kept or maintained in a safe manner and 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.
(4) That adequate safeguards shall be made to prevent unauthorized access to such animal by members of the public.
(5) That the health or well being of the animal shall, in no way, be endangered by the manner of keeping or confinement.
(6) That keeping of such animal shall not constitute a nuisance and shall not harm the surrounding neighborhood or disturb the tranquility of the surrounding neighborhood.
(7) That the keeping of such animal shall not create or cause offensive odors or noises or constitute a danger to public health.
(8) That the quarters in which such animal is kept or confined shall be adequately lighted and ventilated and shall be so constructed that they may be kept in a clean and sanitary condition.
(f) The applicant for such special permit shall prove his ability to respond in damages to and including the amount of one million dollars ($1,000,000) 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 maintaining of such animal. Proof of liability to respond in damages may be given by filing with the Director of Public Service a certificate of insurance from an insurance company authorized to do business in the State stating that the applicant insured against liability to respond in such damages, or by posting with the Director of Public Service a surety bond conditioned upon the payment of such damages during the period of such special permit.
(g) The Director of Public Service shall deny the application where the information submitted by the applicant fails to substantiate such findings to the satisfaction of the Director of Public Service.
(h) Upon determination by the Director of Public Service that the aforementioned requirements have been met, the Director shall issue a wild and/or exotic animal permit in the amount of ten dollars ($10.00) which permit shall be renewed annually from January 1st through January 31st for a similar fee of ten dollars ($10.00); and, renewal requests occurring on February 1st or thereafter shall be charged twenty dollars ($20.00) for said permit renewal. Such permit shall be valid for one year and must be displayed upon the cage or enclosure in which the animal is confined.
(i) The aforementioned provisions shall not apply to the keeping of wild and/or exotic animals in the following situations:
(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 of such animals in a bona fide, licensed veterinary hospital for treatment.
(4) Dangerous or poisonous reptiles may be maintained by bona fide educational or medical institutions for the purpose of instruction or study, provided such reptiles are securely confined and are properly cared for in a manner satisfactory to the Director of Public Service.
(5) The provisions of this section shall not apply to any person keeping or maintaining in his possession or control any wild or exotic animal when such person in only transporting such animal through the State and has taken adequate safeguards to protect the public, and has notified the Director of Public Service of the proposed route of transportation and time thereof.
(j) Whoever violates this section shall be guilty of a minor misdemeanor. Each day that the violation continues shall be considered a separate distinct offense.
(Ord. 48-99. Passed 12-6-99.)