(A) General. It is unlawful for a person to own, possess, harbor or offer for sale, a non-domestic animal within the city limits. This section does not apply to animals specifically trained for and actually providing assistance to the handicapped or disabled, and for those animals brought into the city as part of a veterinarian clinic or scientific research laboratory. Non-domestic animals may also be brought into the city for other purposes pursuant to division (B) below.
(B) Non-domestic animal permits.
(1) Non-domestic animal event permit. A person may bring a non-domestic animal into the city to be used for wildlife photography or for an exhibition, activity or event that is open to the general public, including, but not limited to, temporary petting zoos located at community events and festivals; provided that, a non-domestic animal permit is obtained for the event in advance from the City Administrator/Clerk-Treasurer. The event permit will be issued for the particular event which must not exceed 21 days. The permit may specify further conditions under which the animals must be kept while within the city.
(a) Application requirements. Applicants for non-domestic animal event permits must be identifiable persons or entities. Applicants must file an application for a permit no less than 48 hours prior to the event. A permit application may be filed less than 48 hours prior to the event if written approval is obtained from the Animal Control Officer or the officer’s designee. The permit application must include the following information:
1. The name, address and telephone number of the applicant and contact information for any of its representatives associated with the event;
2. A description of the event, including the date(s) and time(s);
3. The types and numbers of animals that will be present;
4. A safety plan for the animals and the public. The safety plan must include specific information on how the animals will be restrained or controlled and the training, experience and skills of all person(s) that will be controlling and restraining the animals;
5. The location of the event;
6. Evidence of a surety bond or liability insurance which covers incidences or occurrences involving the animals; and
7. All other reasonable pertinent information as requested by the city.
(b) Notification. Upon issuance of a non-domestic animal event permit, the applicant shall notify all adjacent property owners of the issuance of the permit in a form acceptable to the City Administrator/Clerk-Treasurer prior to the occurrence of the event. The applicant shall provide the city with a copy of the notice that was provided along with a list of person(s) that were notified.
(c) Inspection. The city shall have the authority to investigate the conditions and inspect the site at which the animal(s) will be kept or displayed and to require the production of reasonable veterinary or similar record to the extent deemed necessary to ensure the safety and health of any person or animal.
(d) Security. The applicant shall provide for security so that the animals are observed at all times while they are in the city. Any personnel required as part of the safety plan to protect the animals and the public shall be present at all times and any tools, devices or firearms shall be readily available.
(e) Confiscation. The city may confiscate, order veterinarian care or prevent from exhibition any animal which possesses a threat to public safety, including, but not limited to, animals not current with vaccinations or any animal that is in immediate danger due to cruelty, abuse or neglect.
(2) Educational non-domestic animal permit. Institutions that are accredited by the Association of Zoos and Aquariums or Audubon centers, societies or chapters may bring non-domestic animals into the city to be used for educational purposes; provided that, an educational non-domestic animal permit is obtained from the city. The educational non-domestic animal permit will apply to all educational activities conducted by the particular institution that involve it bringing non-domestic animals into the city during the course of a one-year period. The permit may specify further conditions under which the animal(s) must be kept while within the city.
(a) Application requirements. Applicants for education non-domestic animal permits must be identifiable entities. The permit application shall include the following information:
1. The name, address and telephone number of the applicant and the names and contact information of its representatives responsible for the activities;
2. A general description of the types of educational activities that the applicant will be conducting with the non-domestic animal(s);
3. The types of animals that will be used;
4. A description of how each type of animal will be restrained or controlled and a description of the training, experience and skills of the individual that will be restraining or controlling the animal(s);
5. Evidence of a surety bond or liability insurance which covers incidences or occurrences involving the animals; and
6. All other reasonably pertinent information as requested by the city.
(b) Notification. The applicant must provide the City Administrator/Clerk-Treasurer with at least 24 hours notice prior to the educational activity. The applicant must provide the city with information as to the location of the activity and the number and types of animals that will be brought into the city. If the activity will be taking place on property that contains a private residence, all adjacent property owners must be notified in advance by the applicant.
(3) Permit application fee. An application fee must be paid upon application for a non-domestic animal event permit or educational non-domestic animal permit. The amount of the application fee shall be set from time to time by City Council resolution. The applicant shall also be responsible for any costs incurred by the city in reviewing the permit application.
(4) Permit denial. The City Administrator/Clerk-Treasurer may deny an application for a non-domestic animal permit for any of the following reasons:
(a) Failure by the applicant to comply with or supply any information requested or required by the city;
(b) Falsification by the applicant of any information required or requested by the city;
(c) Previous or current violations by the applicant of any provisions of this chapter; or
(d) Previous or current citations or violations of any local, state or federal law by the applicant relating to cruelty to animals, public safety or animal exhibition.
(5) Revocation. The City Administrator/Clerk-Treasurer may revoke a non-domestic animal permit for any of the following reasons:
(a) Failure by the applicant to comply with the terms of this section or the conditions of the permit;
(b) Falsification by the applicant of any information required by the city;
(c) Current violation by the applicant of any provisions of this chapter;
(d) Violation by the applicant of any local, state or federal law applicable to animals or animal exhibitions; or
(e) Any instance of animal cruelty, abuse or neglect by the applicant within the city.
(6) Appeal. In the event that the City Administrator/Clerk-Treasurer denies an application for a non-domestic animal event permit or educational non-domestic animal permit, the applicant may, upon written request to the City Administrator/Clerk-Treasurer, have the permit application reviewed by the City Council. If the application is for a non-domestic animal event permit, the applicant must request City Council review no less than ten days prior to the event. If the application is for an educational non-domestic animal permit, a request for review must be made within 30 days of the date of denial. If the City Administrator/Clerk-Treasurer’s decision is affirmed by the City Council, the applicant may seek judicial review as permitted by law.
(Prior Code, § 911.05) (Ord. 00-04, passed 12-1-2000; Ord. 2008-16, passed 11-19-2008; Ord. 2009-01, passed 4-1-2009) Penalty, see § 90.99