(1) Wild Animals Prohibited. No person shall keep a wild animal in any place other than a zoological park, veterinary hospital or clinic, humane society, circus or facility used for educational or scientific purposes, which provides proper cages, fences and other protective devices adequate to prevent such animal from escaping or injuring the public. No license shall be required of persons exempted in this Section.
(2) Sales or Exchanges Disallowed. Subject to the exemptions of this Section, no person, whether or not licensed under this article, shall sell, offer for sale or adoption or 24 exchange with or without charge any wild animal.
(3) Licensing Wild Animals Owned at Passage of Ordinance. Any person owning a wild animal at the time of enactment of this Title may license such animal provided that such licensing is perfected within six (6) months of the effective date of this ordinance. All such animals registered within this six (6) month period shall be licensed and the fee for the licensing of such wild animal shall be fifty dollars ($50) each per annum. Upon the death, sale, or disposal of said animal, the animal may not be replaced.
(4) Licensing Animals Kept for Exhibit.
(a) Subject to exemptions of this Section, no person shall keep, conduct or operate within the City of Philadelphia, any traveling animal show, petting or children's zoo, circus, animal act or miscellaneous animal or reptile exhibit without first obtaining a special animal permit from the Department of Licenses and Inspections.
(b) Each application for a special animal exhibit permit shall be in writing upon a form to be furnished by the Department of Licenses and Inspections and shall contain such information as it shall require. The fee for such special animal exhibit permit shall be one hundred dollars ($100).
(c) All special animal exhibit permits issued by the Department of Licenses and Inspections shall be for a specific period of time, not to exceed one (1) year, or until revoked or suspended, or until the holder of such permit sells, assigns, transfers or otherwise disposes of his interests therein.
(d) Upon certification by the Animal Control Agency or its authorized animal control officers, the Department of Licenses and Inspections shall issue a permit to the applicant if it is found that: 25
(.1) The animals and the conduct or operation of the exhibit for which the permit is requested, will not constitute a menace to the health, welfare or safety of the community or the animal;
(.2) The premises and facilities where such animals are quartered shall be maintained in a clean and sanitary condition in order to control vermin and disease. All animal waste is to be removed no less than every twenty-four (24) hours;
(.3) The animals are to be provided with adequate food and drinking water;
(.4) All animal cages and enclosures are to be constructed of fire resistant material accompanied by fire fighting apparatus as may be specified by the Fire Department;
(.5) Supervision shall be provided in order to prevent the mistreatment or injury of any animal by a customer or any other person who has access to the animals; no person who has been convicted of the crime of cruelty to animals shall be permitted to care for or have custody of any animals; and
(.6) The premises and facilities comply with such specific regulations as shall be promulgated by the Animal Control Agency, Fire Department, and the Department of Licenses and Inspections to carry out the provisions of this Section. 26
(5) Exceptions. Unless otherwise stated, the provisions of this Section shall not apply to any zoological park or educational institution incorporated or authorized to do business in Pennsylvania as such; any humane society or animal shelter; any veterinary hospital, clinic, or office; any bona fide research institution using animals for scientific research or any primate whose purpose is to assist a handicapped person.
Notes
| 23 | Added, 1986 Ordinances, p. 840. |
| 24 | Enrolled Bill No. 764 read "adoption". |
| 25 | Amended, Bill No. 110210-A (approved May 25, 2011). |
| 26 | Amended, Bill No. 110210-A (approved May 25, 2011). |