(a) As used in this section, "dangerous animal" means and includes any wild mammal, reptile or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which because of its size, vicious nature or other characteristics would constitute a danger to human life or property if it is not kept or maintained in a safe manner or in secure quarters.
(b) No person shall keep or maintain within the corporate limits of this City, any dangerous animal unless a special animal permit there for is first obtained from the Health Commissioner.
(c) The Health Commissioner shall issue a special permit for the keeping or maintenance of a dangerous animal if he/she finds that:
(1) The animal is at all times kept or maintained in a safe manner and that it is 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.
(2) Adequate safeguards are made to prevent unauthorized access to such animal by members of the public.
(3) The health or well being of the animal is not in any way endangered by the manner of keeping or confinement.
(4) The keeping of such animal does not constitute a nuisance and will not harm the surrounding neighborhood or disturb the tranquility of the surrounding neighborhood.
(5) The keeping of such animal will not create or cause offensive odors or constitute a danger to public health.
(6) The quarters in which such animal is kept or confined are adequately lighted and ventilated and are so constructed that they may be kept in a clean and sanitary condition.
(7) The applicant for such special permit proves his/her ability to respond in damages to and including the amount of one hundred thousand dollars ($100,000) 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 maintenance of such animal. Proof of liability to respond in damages may be given by filing with the Health Commissioner a certificate of insurance from an insurance company authorized to do business in the State stating that the applicant is, at the time of his/her application, and will be during the period of such special permit, insured against liability to respond in such damages, or by posting with the Health Commissioner a surety bond conditioned upon the payment of such damages during the period of such special permit. Such certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless ten days written notice is first given to the Health Commissioner.
(d) The Health Commissioner, in investigating any applicant for a permit under this section or in the enforcement of this section, is authorized to consult with and seek the advice of the Society for Prevention of Cruelty to Animals, the Animal Protective League, the Humane Society or any other individual, agency, organization or society which may be able to provide information and advice concerning the keeping of dangerous animals.
(e) Prior to the annual renewal of any special permit issued hereunder and at least once, not more than three months after the issuance of any such special permit or after its renewal, the Health Commissioner shall inspect the premises subject to such special permit to determine whether the person to whom it has been issued is continuing to comply with all of the conditions specified in this section. If the Commissioner determines during any such inspection that any of the conditions therein specified are being violated, he/she shall refuse to renew any such special permit, or he/she shall revoke such special permit in the event that such violation is not corrected within such period of time as he/she directs. A fee of fifteen dollars ($15.00) shall be charged for each such quarterly inspection.
(f) In no event shall a permit be issued for the keeping of more than one dangerous animal at any single location.
(g) The provisions of this section shall not apply to the keeping of dangerous animals in the following cases:
(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 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 Health Commissioner.
(h) No permit shall be issued for the keeping of dangerous animals unless all provisions of this section are complied with and a fee of fifty dollars ($50.00) is paid to the Health Commissioner. Permit fees shall be paid annually on or before the start of the license year.
(Ord. 1973-53. Passed 4-18-73.)
(i) Whoever violates this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.