505.14 KEEPING OF CERTAIN ANIMALS PROHIBITED.

   (a)    No person shall keep any swine, goat, sheep or bovine upon any premises not directly connected with any part of slaughtering establishment or stockyard or premises zoned agricultural, and in no event shall swine, goat or bovine either in pastures or in stables be kept nearer than 200 feet to a house or other structure used in whole or in part as a place of human habitation or to any place where food is prepared, placed or kept for commercial purposes or sold. No horses or mules either in pasture or in stables shall be kept nearer than 200 feet to a house or other structure used in whole or part as a place of human habitation or to any place where food is prepared, placed or kept for commercial purposes or sold. The provisions of this subsection may be waived pursuant to subsection (e).

   (b)    No person shall knowingly keep, maintain or have in his possession or under his control within the City any dangerous or carnivorous wild animal or reptile, any vicious or dangerous domesticated animal, or any other animal or reptile of wild, vicious or dangerous propensities, except to the extent that an exemption may be applicable pursuant to subsections (d) or (e), below. As used in this section dangerous or vicious animal means and includes the following:

      (1)    Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or

      (2)    Any animal which attacks a human being or domestic animal without provocation; or

      (3)    Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.

   (c)   For purposes of this section, there shall be an irrebuttable presumption that, when kept or maintained within the City, the animals listed below are considered dangerous animals to which the prohibition of subsection (b), in the absence of an exemption pursuant to subsections (d) or (e) below, applies. The animals listed below may, in the discretion of the Police Department of the City of Dover, be seized or ordered seized at the time of the citation or any other time prior to trial.

      (1)    All crotalid, elapid and venomous colubroid snakes;

      (2)    Apes: Chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); and siamangs (Symphalangus);

      (3)    Baboons (Papoi, Mandrillus);

      (4)    Bears (Ursidae);

      (5)    Birds of prey;

      (6)    Bison (Bison);

      (7)    Cheetahs (Acinonyx jubatus);

      (8)    Crocodilians (Crocodilia);

      (9)    Constrictor snakes or any poisonous specie of reptile;

      (10)    Coyotes (Canis latrans);

      (11)    Deer (Cervidae), includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose;

      (12)    Elephants (Elephas and Loxodonta);

      (13)    Foxes (Canis vulpes);

      (14)    Game cocks and other fighting birds;

      (15)    Hippopotami (Hippopotamidae);

      (16)    Hyenas (Hyaenidae);

      (17)    Jaguars (Panthera onca);

      (18)    Leopards (Panthera pardus);

      (19)    Lions (Panthera les);

      (20)    Lynxes (Lynx);

      (21)    Monkeys, old world (Cercopithecidae);

      (22)    Ostriches (Struthio);

      (23)    Piranha fish (Characidae);

      (24)    Poisonous spiders;

      (25)   Pumas (Felis concolor), also known as cougars, mountain lions and panthers;

      (26)    Raccoons;

      (27)    Rhinoceroses (Rhinocero tidae);

      (28)   Scorpions;

      (29)    Sharks ( class Chondrichthyes);

      (30)    Skunks;

      (31)    Snow leopards (Panthera uncia);

      (32)    Stinging insects (except honey bees);

      (33)    Swine (Suidae);

      (34)    Tigers (Panthera tigris);

      (35)    Venomous fish;

      (36)    Wolves (Canis lupus);

      (37)    Scorpions;

      (38)    Giraffes;

      (39)    Camels;

      (40)    Llama.

      (41)   Chickens or fowl, including landfowl, waterfowl, or poultry.

   (d)    Licensed menageries, zoological gardens, and circuses shall be exempt from the provisions of subsections (b) and (c), if all of the following conditions are applicable:

      (1)    The location conforms to the provisions of the City Planning and Zoning Code;

      (2)    All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors;

      (3)    Animals are maintained in quarters so constructed as to prevent their escape; and

      (4)    No person resides within fifty feet of the quarters in which the animals are kept.

   (e)    Notwithstanding any of the foregoing, the Director of Public Service and Safety may grant a specific exemption, on a temporary or permanent basis, from any of the provisions of this section to any person with a legitimate scientific, educational, commercial or other purpose for maintaining the prohibited animals, in accordance with the following provisions:

      (1)    Written application for exemption shall be filed by any person desiring to obtain an exemption with the Director of Public Service and Safety. The application shall state the applicant's name, address, type and number of animals desired to be kept, general purpose for which the animals will be kept, and a general description of provisions which will be made for safe, sanitary and secure maintenance of the animals.

      (2)    The Director of Public Service and Safety may grant, deny or restrict the terms of an application for exemption; provided however that, he shall take some official action on an application within 120 days of its filing.

      (3)    In considering the merits of an application for exemption, the Director of Public Service and Safety may cause one or more inspections of the applicant's premises to be made by appropriate employees or representatives of the City and may also refer the application to persons who are technically knowledgeable with respect to the animals involved for an advisory opinion.

      (4)    In evaluating an application for exemption, the Director of Public Service and Safety shall give consideration to the following criteria:

         A.    The experience and knowledge of the applicant relative to the animals involved;

         B.    Whether the applicant has obtained a Federal or State permit relative to the animals involved;

         C.    The relative danger, safety and health risks to the general public, to persons residing or passing near the applicant's premises, and to the applicant in connection with the animals involved;

         D.    The provisions which have been or will be made for the safe, sanitary and secure maintenance of the animals for the protection of the general public, persons residing or passing near the applicant's premises, and the applicant;

         E.    The provisions which have been made or will be made to protect the safety and health of the animals involved;

         F.    Any other logically relevant information.

      (5)    An application for exemption under this subsection (e) shall be denied unless the Director of Public Service and Safety determines that, in view of all the relevant criteria and any restrictions which he may provide, reasonably appropriate measures commensurate with the degree of risk associated with the animals involved have been or will be taken to assure at least a minimum acceptable level of protection from danger to the health and safety of the general public, persons residing or passing near the applicant's premises, and the applicant.

      (6)    An exemption granted pursuant to this subsection (e) may be withdrawn by action of the Director of Public Service and Safety in the event that the Director determines that there has been a change in the conditions or assumptions under which it was originally granted or in the event that the applicant fails to comply with restrictions originally placed on the exemption.

   (f)    No exemption granted pursuant to any subsection of this section shall be

construed, nor is it intended by the City as a guaranty or warranty of any kind, whether express or implied, to any person, including without limitation the general public, persons residing or passing near the applicant's premises, or the applicant, either in general or individually, as to the danger, or lack thereof, or degree of risk to health or safety of any animal, specifically or generally, or any premises where any animal is maintained or kept pursuant to such exemption.

   (g)    Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree for the first offense with an enhancement to a misdemeanor of the third degree for any subsequent offenses. A separate offense should be as deemed committed for each day during or where a violation occurs or continues.

(Ord. 41-19. Passed 7-1-19.)