(a) As used in this section, “dangerous animal” means and includes any mammal, amphibian, reptile or fowl which is of a species which is wild by nature, and of a species which, due to size, vicious nature or other characteristic is dangerous to human beings. Such animals include, but are not limited to, lions, tigers, leopards, panthers, bears, wolves, apes, gorillas, monkeys of a species whose average adult weight is twenty pounds or more, foxes, elephants, rhinoceroses, alligators, crocodiles and all forms of venomous/poisonous reptiles, including constrictor snakes. The term “dangerous animal” as used in this section shall not include gerbils, hamsters, guinea pigs, mice or rabbits.
(b) No person shall possess, keep or maintain within the corporate limits of this City, any dangerous animal unless a specified animal permit therefor is first obtained from the Chief of Police or designee. Such permit shall be renewed annually upon or before the anniversary date of the original permit issuance.
(c) The Chief of Police or designee shall issue a special permit for the keeping or maintenance of a dangerous animal if after inspection and upon recommendation of such City officials as the Chief of Police or designee designates, it is found that:
(1) The animal is at all times kept or maintained in a safe manner so that it is at all times confined securely so that the keeping of such animal shall 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 this 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 shall not disturb the tranquility of the surrounding neighborhood.
(5) The keeping of such animal shall 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 ability to respond in damages in a single limit amount of five hundred thousand dollars ($500,000) 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 Chief of Police or designee 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 application, and shall be during the period of such special permit, insured against liability to respond in such damages, or by posting with the Chief of Police or designee 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 shall be made unless ten days written notice is first given to the Chief of Police or designee.
(d) The Chief of Police or designee 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, and 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) The Chief of Police or designee shall renew such special permit only upon a finding that all criteria listed in subsection (c)(1) to (7) hereof are met. Should the Chief of Police or designee determine during any inspection that any of the conditions therein specified are being violated, he shall refuse to renew any such special permit or revoke such special permit if such violation is not corrected within such period of time as he directs.
(f) A separate permit is required for the keeping of each dangerous animal.
(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 education 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) The keeping and offering for sale of such animals by a bona fide commercial “pet shop” establishment.
(h) In no event shall subsection (g) hereof be construed so as to permit the keeping of a dangerous animal at a private residence located within the corporate limits of the City without the special permit required by this section.
(i) No permit or renewal of a 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 Chief of Police or designee. Permit fees shall be paid annually on or before the start of the permit year.
(j) 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.
(Ord. 07-098. Passed 12-10-07.)