(a) A person commits an offense if he owns a regulated animal for any purpose in the city without holding a valid regulated animal permit issued for the animal under this section.
(b) All defenses set forth in Section 7-6.1(b) relating to prohibited animals are defenses to prosecution under Subsection (a) of this section when applied to regulated animals.
(c) A regulated animal permit may be issued only to a person who is in the business of exhibiting one or more regulated animals to the public and who:
(1) has all required state and federal licenses and permits; and
(2) is in compliance with all federal, state, and city laws or regulations applicable to the regulated animal.
(d) Regulated animal permits are classified as follows:
(1) Annual regulated animal permit. Possession of an annual regulated animal permit is required to keep a regulated animal in the city for more than 10 days within any calendar year. The permit is valid for one year after the date of issuance, unless sooner revoked by the director, and may be renewed by filing an application in accordance with this section.
(2) Temporary regulated animal permit. Possession of a temporary regulated animal permit is required to keep a regulated animal in the city for not more than 10 days within any calendar year. The permit is valid for a period designated by the director not to exceed 10 days.
(e) The fees for a regulated animal permit are as follows:
Type of Permit
|
Fee
| |
(1) | Annual | $350 |
(2) | Temporary | $250 |
(f) A regulated animal permit is nontransferable, and the permit fee is nonrefundable.
(g) An applicant for a regulated animal permit shall file an application with the director on a form provided for that purpose. The application must include:
(1) the name, address, and telephone number of the applicant;
(2) a complete identification of each regulated animal kept in the city, including species, sex, age (if known), and any distinguishing marks or coloration that would aid in the identification of the animal;
(3) the exact location where each regulated animal is to be kept; and
(4) any other information the director determines necessary to the enforcement and administration of this section.
(h) An application for a regulated animal permit must be accompanied by:
(1) the applicable regulated animal permit fee set forth in Subsection (e) of this section;
(2) proof, in a form acceptable to the director, that the applicant has the liability insurance required in Subsection (i) of this section; and
(3) if the applicant holds a Class “A” or Class “B” dealer’s license or a Class “C” exhibitor’s license issued by the United States Secretary of Agriculture under the Animal Welfare Act (7 U.S.C. Section 2131, et seq.), as amended, a clear and legible photocopy of the license.
(i) An owner of a regulated animal shall maintain liability insurance acceptable to the city, in an amount of not less than $100,000 for each occurrence, that provides coverage for any damage to or destruction of property, and for any death or bodily injury to a person, caused by the regulated animal.
(j) An owner of a regulated animal shall, at all reasonable times, allow the director or a designated licensed veterinarian to enter the premises where the animal is kept and to inspect the animal, the animal’s enclosure, and the owner’s records relating to the animal to ensure compliance with this section.
(k) An owner of a regulated animal may not permanently relocate the animal to another location in the city unless the owner first notifies the director in writing of the exact location to which the animal will be relocated.
(l) Within 10 days after the death, sale, or other disposition of a regulated animal, the owner of the animal shall notify the director in writing of that event.
(m) An owner of a regulated animal shall immediately notify the director of any attack on a human by the animal and of any escape by the animal.
(n) An owner of a regulated animal that escapes is liable for all costs incurred in apprehending and confining the animal. The city, animal services, and any law enforcement agency (and their employees and agents) are not liable to an owner of a regulated animal for damages arising in connection with the escape of the animal, including any liability for damage, injury, or death caused by the animal during or after its escape, or for injury to or death of the animal resulting from the apprehension or confinement of the animal after its escape.
(o) The director may establish caging requirements and standards for the keeping and confinement of a regulated animal to ensure that the animal is kept and confined in a manner that:
(1) protects and enhances the public’s health and safety;
(2) prevents escape by the animal; and
(3) provides a safe, healthy, and humane environment for the animal.
(p) An owner of a regulated animal shall keep and confine the animal in accordance with the caging requirements and standards established by the director.
(q) For each regulated animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. Section 2131, et seq.), as amended, and with regulations adopted under that Act relating to:
(1) facilities and operations;
(2) animal health and husbandry; and
(3) veterinary care.
(r) An owner of a regulated animal commits an offense if he fails to comply with this section. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense.
(s) The director shall deny issuance or renewal of a regulated animal permit if the applicant:
(1) makes a false statement of material fact on an application for a regulated animal permit;
(2) is not in compliance with this section or Article III of this chapter;
(3) is not in compliance with any conditions of the permit or any rules established by the director relating to the regulated animal;
(4) has had a regulated animal permit revoked by the director within the preceding 12 months; or
(5) intentionally or knowingly impeded a lawful inspection by the director or the director’s authorized representative.
(t) The director shall revoke a regulated animal permit if the director determines that the permit holder has:
(1) made a false statement of material fact on an application for a regulated animal permit;
(2) violated a provision of this section or Article III of this chapter;
(3) violated a condition of the permit or a rule established by the director relating to the regulated animal; or
(4) intentionally or knowingly impeded a lawful inspection by the director or the director’s authorized representative.
(u) If the director refuses to issue or renew a regulated animal permit, or revokes a regulated animal permit, the director shall send to the applicant or permit holder by certified mail, return receipt requested, written notice of the action, including the reason for the action, and a statement of the right to an appeal. The applicant or permit holder may appeal the decision of the director to a permit and license appeal board in accordance with Section 2-96 of this code. The filing of a request for an appeal hearing with the permit and license appeal board stays an action of the director in revoking a permit until the permit and license appeal board makes a final decision. (Ord. Nos. 26024; 29879; 31332, eff. 10/1/19)