(A) It shall be unlawful for any person within the corporate limits of the city to own, or to allow to be in or upon any premises occupied by him or her or under his or her charge or control, or otherwise keep, hold, maintain, or bring into the city any wild or exotic animal, without first obtaining a permit issued by the City Council. This section shall not apply to any municipal, state, or federal zoo, park, refuge, or wildlife area, or to any bona fide circus or traveling animal exhibit.
(B) To obtain a permit, a person must file with the City Clerk an application for a permit. The application may be granted and permit given only after:
(1) The person desiring the permit pays any application fee which may be set by the City Council;
(2) A public hearing on the application is scheduled during the next convenient meeting of the City Council;
(3) Notice of public hearing on the application is published at least one week prior to the meeting of the City Council during which the application will be heard; and/or
(4) It appears to a majority of the City Council following a public hearing that:
(a) Granting the permit would not create a nuisance or cause for public safety or concern; and
(b) The applicant is a fit and proper person or entity to maintain, keep, and hold the wild or exotic animal(s) which he or she seeks to own, or to allow to be in or upon any premises occupied by him or her or under his or her charge or control, or to bring into the corporate limits of the city.
(C) During the public hearing:
(1) The applicant must, at minimum, explain the purpose for seeking the application, declare the number of animals to be kept under the permit, and demonstrate how the wild or exotic animal(s) will be maintained, kept, held, and controlled; and
(2) Members of the public shall be allowed to object and show cause why the application should not be granted.
(D) Permits may be granted for any duration not exceeding two years. Renewal permits shall not be granted without first following the application procedure set forth in divisions (B) and (C) above. Automatic renewal of permits shall not be allowed.
(E) Permits may not be transferred under any circumstances.
(F) It shall be a condition of the issuance of the permit that the city or any of its agents shall be permitted to inspect the premises and all animals thereon which are kept under the permit, without notice between 7:00 a.m. and 9:00 p.m. on any day. Refusal to allow an inspection by an authorized agent of the city shall be a ground for revocation of the permit.
(G) Upon inspection, if it is found that the holder of the permit or his or her or its employees have failed to adequately hold or control the animal(s) held under the permit, or to properly care for the animals as set forth in this chapter, the Animal Control Officer, his or her assistant, or the agent of the city who has performed the inspection shall report his or her findings to the Department of Health and Sanitation and to the City Council.
(H) The City Council may, after proper notice and hearing, revoke or suspend the permit for one or more of the following causes:
(1) Refusal by the permit holder to allow the city to inspect the premises or examine the animals thereon which are kept under the permit;
(2) The conviction of the permit holder or any of his or her or its employees for the offense of cruelty to animals as set forth in § 90.13, whether or not the conviction is based upon the treatment of animals maintained, held, or kept under the permit;
(4) A reasonable showing that the health and safety of the public are endangered by the maintaining, holding, or keeping of any of the animals under the permit.
(I) Following revocation of the permit, if the owner fails to remove the animal(s) maintained, held, or kept under the permit from the corporate limits of the city within 48 hours of the revocation, the Animal Control Officer, his or her assistants, or police officers shall be authorized to impound and hold the animal(s) until the time as the owner is able to remove the animal(s) from the corporate limits of the city, which shall under no circumstances be longer than 72 hours. The owner shall be responsible for payment of any shelter fees as set by the City Council which are incurred as a result of the impoundment. If the owner fails to claim or redeem the impounded animal(s) within 72 hours, the city shall have the right to destroy or sell the animals, with the proceeds from the sale used to maintain the city shelter.
(J) Any person legally holding in captivity any animal subject to the prohibitions contained in this section on March 1, 2000, shall be allowed to keep the animal for the duration of its life. The animal shall not be traded, sold, or otherwise disposed of without written permission from the Nebraska Game and Parks Commission or the official body by whom the original permit for the animal was granted.
(1972 Code, § 6-111) (Ord. 920, passed 3-7-2000; Ord. 2012-16, passed 2-19-2013) Penalty, see § 90.99