A. Definitions: For the purposes of this section, the following words and phrases shall have the meanings respectively ascribed to them:
ANIMAL: Shall include any live vertebrate creature, domestic or wild, not to include birds.
PET: Any animal kept for pleasure rather than utility.
WILD OR EXOTIC ANIMAL: Any live monkey (nonhuman primate), raccoon, skunk, wolf, squirrel, fox, leopard, panther, tiger, lion, lynx or any other warm blooded animal, poisonous snake or tarantula which can normally be found in the wild state or any other member of crocodilian, including, but limited to, alligators, crocodiles, caimans, and gavials, and including such other animals that cannot be effectively inoculated for rabies. (Ferrets, nonpoisonous snakes, rabbits, and laboratory rats which have been bred in captivity and which have never known the wild shall be excluded from this definition.)
B. Display Or Exhibition: No person shall keep or permit to be kept on his premises any wild or exotic animal for display or for exhibition purposes, whether gratuitously or for a fee. This subsection shall not be construed to apply to zoological parks, performing animal exhibitions, circuses, rodeos, schools or colleges, or veterinary clinics, which are properly licensed by the federal government or state.
C. Keeping As A Pet: No person shall keep or permit to be kept any wild or exotic animal as a pet.
D. No Sales: No sales of any wild or exotic animal shall be allowed within the city of Hawley.
E. Notice Of Keeping: Upon the written complaint of any person that a person owns or is keeping or harboring a wild or exotic animal in violation of this section in the city, the police department or their authorized designee shall forthwith cause the matter to be investigated; and if after investigation the facts indicate that such person named in the complaint is in fact the owner or is keeping or harboring any such animal in the city, they shall forthwith send written notice to the person requiring such person to safely remove the animal from the city within five (5) days of the date of the notice. Notice as herein provided shall not be required where such animal has previously caused serious physical harm or death to any person or has escaped and is at large, in which case the police department shall cause the animal to be immediately seized and impounded, according to the provisions of this chapter, or killed if seizure and impoundment are not possible without risk or serious physical harm or death to any person.
F. Seizure And Impounding: The police department or their authorized designee shall forthwith cause to be seized and impounded any wild or exotic animal, where the person owning, keeping or harboring such animal has failed to comply with the notice sent pursuant to this section. Upon a seizure and impoundment, the animal shall be delivered to a place of confinement, which may be with any organization which is authorized by law to accept, own, keep or harbor such animals.
If, during the course of seizing and impounding any such animal, the animal poses a risk of serious physical harm or death to any person, such person or persons authorized by the police department may render the animal immobile by means of tranquilizers or other safe drugs; or if that is not safely possible, then the animal may be killed.
G. Delayed Enforcement: Any person who has a wild or exotic animal in possession at the time of the effective date hereof in contravention of this section, shall have thirty (30) days to dispose of the animal(s) by removal of the animal(s) from the city or by giving or selling the animal(s) to a zoological park or other entity exempt from this section. (Ord. 243, 4-23-2007)