(A) Intent. It is the intent of the Davidson County Commissioners to protect the public against health and safety risks that exotic animals pose to the community and to protect the welfare of the individual animals held in private possession.
(B) Keeping of potentially dangerous exotic animals regulated. It shall be unlawful for any person to own, possess, keep, harbor, breed, bring into the county, have in one’s possession, act as a custodian, or have custody or control of any exotic animal or potentially dangerous exotic animal, except as defined by this chapter.
(1) Certain potentially dangerous exotic animals prohibited. No person shall own, possess, keep, harbor, breed, bring into the county, or have in one’s possession, act as a custodian, or have custody or control of potentially dangerous exotic animals as follows: felids of the Panthera family (lions, tigers, jaguars, etc) and their hybrids, species of lynx and their hybrids, nondomesticated canids (wolves, coyotes, etc) and their hybrids, all non-human primates which are great apes or apes (gorilla, chimpanzee, gibbons, orangutans, etc), all non-human primates which are old world monkeys (languars, mandrills, macaques, baboons, etc), polar bears, grizzly bears, elephants, rhinoceroses, hippopotamuses, venomous reptiles, komodo dragons, water monitors, crocodile monitors, members of the crocodile family, African Rock Pythons, Burmese Pythons, Reticulated Pythons and Anacondas.
Exemptions
(a) Animal control or law enforcement agencies or officers acting under the authority of this chapter.
(b) Licensed veterinary hospitals or clinics who are temporarily treating/housing potentially dangerous exotic animals.
(c) Any licensed and accredited research, medical or educational institution.
(d) Any person who is in legal possession of a prohibited potentially dangerous exotic animal prior to the effective date of this chapter shall be allowed to continue to possess the animal(s) provided that person:
l. Register such animal(s) with the Davidson County Animal Control Program in accordance with division (C) of this section.
2. Submits an emergency contingency and recapture plan to the Davidson County Animal Control Program in accordance with division (D) of this section.
3. Maintains liability insurance coverage of a minimum of $ 100,000.
4. Has each animal(s) implanted with a microchip at the expense of the possessor by or under the supervision of a veterinarian and provide the Davidson County Animal Control office with the microchip number. This provision does not apply if a veterinarian determines that the implant of a microchip would endanger the well-being of the animal(s).
5. Has the proper caging requirements to house such animal(s) so as to provide for the welfare of the animals and protect the public, as set forth in division (F) of this section.
(e) Persons temporarily transporting or exhibiting potentially dangerous exotic animals in or through the county as set forth in division (E)(2) of this section.
(2) Provision for unlawful acts against prohibited potentially dangerous exotic animals. If any person other than a law enforcement officer, the owner, or a veterinarian acting under the authority of the owner willfully or intentionally kills or maims or causes to be killed or maimed a prohibited potentially dangerous exotic animal while on or in the owner’s property, the owner of such animal may acquire a replacement animal of the same species without being in violation of this chapter. It is the intent of this provision to prevent the criminal destruction of any prohibited potentially dangerous exotic animal and not to allow replacement of the animal if it is destroyed while creating a danger running at large, unless the animal’s escape was caused by the criminal act of a person other than the owner. A necropsy of the deceased animal may be required in order to replace the animal.
(3) Certain potentially dangerous exotic animals regulated. Any person may own, possess, keep, harbor, breed, bring into the county, have in one’s possession, act as a custodian, or have custody of any animal not otherwise prohibited by this chapter, provided they:
(a) Register such animals with the Davidson County Animal Control Office in accordance with division(C) of this section.
(b) Submit an Emergency Contingency and Recapture Plan to the Davidson County Animal Control Office in accordance with division (D) of this section.
(c) Maintain liability insurance coverage of a minimum of $100,000.
(d) Do not breed, exhibit, or sell any un-prohibited dangerous exotic animal(s) unless licensed by the United States Department of Agriculture (USDA) under the Federal Animal Welfare Act.
(C) Registration.
(1) All persons who are in legal possession of potentially dangerous exotic animals prior to the effective date of this chapter shall register said animals within 30 days with the Davidson County Animal Control Office by submitting a completed Davidson County Exotic Animal Registration Form. Within 120 days of the enactment of this chapter, all persons shall be in full compliance.
(2) All persons who acquire un-prohibited potentially dangerous exotic animals after the date of this chapter shall register with the Davidson County Animal Control Office and complete the Davidson County Exotic Animal Registration Form within five business days of acquiring the animal(s). Proof of liability insurance for all un-prohibited potentially dangerous exotic animals shall be submitted along with the Davidson County Exotic Animal Registration Form.
(3) All persons who possess potentially dangerous exotic animals shall notify the Davidson County Animal Control Office of any changes to the stated information on the Davidson County Exotic Animal Registration Form including, but not limited to, the death, disposition or escape of any registered animal.
(4) A one-time registration fee of $5 will be charged for each animal registered.
(D) Escapes.
(1) Any person possessing a animal(s) as defined by this chapter shall submit to the Davidson County Animal Control Office a plan for the quick and safe recapture of the exotic animal(s) if the exotic animal(s) escapes. If recapture is impossible, the registrant must have a plan for the destruction of the exotic animal(s).
(2) If an exotic animal escapes, or damage to the enclosure could result in an escape, the possessor of the exotic animal shall immediately contact 911. The possessor is liable for all expenses associated with efforts to recapture the animal.
(3) No person may intentionally release an exotic animal. If an exotic animal is intentionally released the possessor is liable for all expenses associated with efforts to recapture the animal.
(E) Temporary exhibitors and transporters.
(1) Temporary exhibitors of potentially dangerous exotic animals, such as circuses which operate for periods of not more than seven consecutive days, no more than twice in the same calendar year may possess and exhibit potentially dangerous exotic animals provided they:
(a) Register with the Davidson County Animal Control Office by submitting a completed Davidson County Exotic Animal Registration Form prior to or within 24 hours of bringing any potentially dangerous exotic animal(s) into the county.
(b) Submit a plan for the quick and safe recapture of the exotic animal(s) if the exotic animal(s) escapes. If recapture is impossible, the registrant must have a plan for the destruction of the exotic animal(s).
(c) Provide proof of liability insurance of a minimum of $100,000.
(d) Have all required Federal and State licenses and permits.
(2) Persons transporting potentially dangerous exotic animals through Davidson County for a period of no longer than 48 hours.
(F) Caging requirements for potentially dangerous exotic animals. All potentially dangerous exotic animals shall be confined in a secure enclosure.
(1) Secure enclosures shall be constructed of material and of such strength as appropriate for the animal(s) involved. Indoor and outdoor facilities shall be structurally sound and shall be maintained in good repair to protect the animal(s) from injury and to contain the animals. All outdoor housing facilities must be constructed in a manner to prevent escape by the animal(s). All secure enclosures must be constructed to prevent unauthorized persons from entering or coming into contact with the animal(s).
(2) All outdoor secure enclosures shall be equipped with a safety entrance. A safety entrance is defined as a double-gated entry that allows a keeper to enter and exit a cage without providing an avenue of escape to an animal(s).
(3) All outdoor secure enclosures shall be equipped with a lockout area or shift cage which allows the keeper to access and clean the cage while the animal(s) is contained in a separate area. This can consist of a den box with a guillotine door that also has access from outside the cage which allows the animal(s) to be in one area while the caregiver accesses the other area, or some other method that allows positive separation of the animal(s) and the keeper.
(4) All doors or gates shall be kept locked when not attended.
(G) Signs. The owner of any potentially dangerous exotic animal(s) shall post a plainly visible sign upon the secure enclosure warning that a potentially dangerous exotic animal(s) is on the premises. Said sign shall not exceed one foot by two feet or two square feet in area; and shall be deemed an incidental sign for the purposes of the Davidson County Zoning Ordinance.
(H) Public contact. Showing a potentially dangerous exotic animal(s) at any public property or commercial or retail establishment is prohibited unless said potentially dangerous exotic animal(s) is being transported to a licensed veterinarian or is otherwise in compliance with this chapter.
(I) Inspection. The possessor of an exotic animal(s), at all reasonable times shall allow the Davidson County Animal Control Program, its staff, and its agents to enter the premises where the animal(s) is kept to ensure compliance with this chapter.
(Ord. passed 12-12-17) Penalty, see § 90.99