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WILD OR EXOTIC ANIMALS AND POISONOUS REPTILES
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENCLOSURE OR CONFINEMENT FACILITY. Any cage, pen, or other housing for keeping wild or exotic animals or poisonous reptiles. ENCLOSURES OR CONFINEMENT FACILITIES shall be classified as primary or secondary enclosures. A primary enclosure is any cage, pen, or other housing designed and used for the purpose of restraining and confining a wild or exotic animal or poisonous reptile. A secondary enclosure is any cage, pen, or other housing not used for the primary confinement, exercise, or training of a wild or exotic animal or poisonous reptile. All secondary enclosures shall encompass primary enclosures where wild or exotic animals or poisonous reptiles are kept. All primary and secondary enclosures shall be constructed and maintained pursuant to § 90.124.
EXOTIC ANIMAL. Any living animal, which is strikingly or excitingly different or unusual and not ordinarily kept as a pet or domesticated animal. By way of example, EXOTIC ANIMALS shall include, but not limited to, lions, tigers, apes, monkeys, poisonous reptiles, and poisonous spiders. A hybrid of any animal listed in the example above, regardless of genetic percentages, shall be deemed EXOTIC.
OWNER. Any person, group of persons, firm, partnership, or corporation owning, keeping, harboring, having charge of, taking care of, or allowing a wild or exotic animal or poisonous reptile to remain on its property for 72 hours.
POISONOUS REPTILE. Any animal that crawls or moves on its belly as a snake or on small short legs as a lizard and has the capability of injecting humans or animals with venom which may cause death or physical injury.
WILD ANIMAL. Any animal not normally domesticated. By way of example, WILD ANIMALS shall include, but not be limited to, wild cats, wolves, bears, and raccoons. A hybrid of any animal listed in the example above, regardless of genetic percentages, shall be deemed a WILD ANIMAL.
(Ord. 2015-03, passed 7-7-2015)
(A) Any non-profit institution, which owns or harbors wild and exotic animals or poisonous reptiles for research or educational purposes, provided that such institution is licensed by the Department of Agriculture or Interior, shall be exempt from this chapter.
(B) Owners of the following animals or reptiles shall be exempt from this subchapter:
(1) Non-poisonous reptiles;
(2) Rodents;
(3) Fish; and
(4) Birds.
(C) Pet shops shall be exempt from this subchapter. Traveling fairs, circuses, and carnivals also shall be exempt from this subchapter.
(Ord. 2015-03, passed 7-7-2015)
Every owner of a wild or exotic animal or poisonous reptile shall be subject to the following regulations.
(A) Permit. No owner may keep a wild or exotic animal or poisonous reptile in the county without first obtaining and then maintaining all permits required by the federal government, the state, and county. Any non-resident of the county who brings a wild or exotic animal or poisonous reptile into this county for a period of at least 24 hours shall obtain a temporary permit from animal protective services. Any non-resident of the county who brings a wild or exotic animal or poisonous reptile into this county for short periods of time but on a regular basis must obtain an annual permit. What constitutes a regular basis shall be in the sole discretion of the Sheriff.
(B) Application. An owner of a wild or exotic animal or poisonous reptile must complete an application, which shall be supplied by animal protective services. The application once completed shall contain the following information:
(1) Name, address, and telephone number of the applicants;
(2) If a corporation, the state of incorporation, the address of the principal office, and the names and addresses of its officers;
(3) If an entity other than a corporation, the name thereof, the location of its office, and the names and addresses of the principal officers, directors, trustees, or managing officials or partners;
(4) Statement of the owner’s purpose in keeping the animal or reptile;
(5) The place of origin of the animal or classes of animals or reptile or classes of reptiles;
(6) A description of the animal or reptile including species;
(7) The address of the premises where the animal or reptile will be kept;
(8) A description of the method, materials, and square footage of facilities for confinement of the animal or reptile;
(9) Proof of the applicant’s ability to respond in damages for bodily injury or death of any person or for damages to property owned by another person which may result from the ownership, keeping, or maintenance of such animal or reptile. Proof of ability to respond in damages shall be given by filing with animal services a certificate of insurance from an insurance company authorized to do business in the state stating that the applicant is insured by a policy with a minimum coverage of $100,000 per person and a minimum total of $1,000,000 per occurrence for bodily injury, in addition, the policy must contain a minimum coverage of $50,000 for damage to personal or real property. In lieu of insurance, the owner may post with animal services a surety bond in the same amounts, conditioned upon payment of such damages. 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 animal services;
(10) Copies of all federal and state permits and licenses required for such animal or reptile;
(11) A schedule of the personnel who will service and maintain the enclosure or confinement facility;
(12) Keeper’s training and experience with animals and reptiles, especially the species stated on the application;
(13) A list of tranquilizing equipment, chemicals, and instruments of destruction and a statement of whether or not the owner has knowledge or training with regards to appropriate and correct use; and
(14) Any other information the Sheriff deems necessary.
(C) Inspection and issuance of permit. Upon completion of the application, the Sheriff shall make an inspection of the enclosure or confinement facility to determine whether or not it is adequate for the purpose of restraining and confining the particular species of animal or poisonous reptile for which the permit is requested. The Sheriff shall also determine whether or not the enclosure or confinement facility can be maintained in a sanitary fashion and whether or not the enclosure or facility is designed to prevent injury to the animal or reptile and persons who may come onto the premises where the enclosure or facility is located. If it is determined by the Sheriff that the application has been correctly, truthfully, and accurately completed and the enclosure or facility is secure and can be maintained in a sanitary way, he or she shall issue a permit upon payment of the applicable fee by the applicant. It shall be a condition of issuance of the permit that the Sheriff shall be permitted to inspect the enclosure or facility and the animal or reptile at any time. Inspections shall be made at least annually.
(D) Permit period. The permit period shall begin with the fiscal year (July 1) of each year and shall run for one year. Renewal applications for permits shall be made 30 days prior to the start of the fiscal year. An application for a new permit may be filed at any time during the year.
(E) Permittee. The permittee shall be $100. This fee may be changed by the Board of County Commissioners from time to time. The fee shall be for the fiscal year or part thereof. The permit fee shall be collected by the Sheriff.
(F) Transfer of permits. Permits issued under this subchapter are not transferable.
(G) Posting of permit. The owner of the wild or exotic animal or poisonous reptile shall display the permit in a prominent place on or near the enclosure or confinement facility.
(H) Failure to obtain a permit. Failure to obtain a permit before possessing or owning a will or exotic animal or poisonous reptile in the county will subject the owner to the sanctions, penalties, fines, or remedies set forth in § 90.999(I).
(I) Failure to timely renew a permit. Failure to renew a permit 30 days before the end of the fiscal year (by June 1) shall subject the owner of a wild or exotic animal or poisonous reptile to the sanctions, penalties, fines, or remedies set forth in § 90.999(I).
(J) Denial of permit. The Sheriff shall have the authority to deny a permit for violation of this subchapter pursuant to the grounds and procedures set forth in § 90.123
(K) Revocations of permit. The Sheriff shall have the authority to deny a permit for violation of this subchapter pursuant to the grounds and procedures set forth in § 90.123.
(L) Reinstatement of permit and reinstatement fee. The Sheriff shall reinstate a revoked permit after the owner complies with this subchapter and pays a reinstatement fee of two times the original permit fee required in division (E) above.
(M) No liability. The inspections and permits required herein do not guarantee the safety of any facility or the manner in which a facility is maintained or supervised. No special relationship is created herein, and neither the Sheriff nor the county accepts liability for any injury or harm experienced as a result of any loss, damage, or injury received or experienced in connection with any facility that is inspected or permitted.
(Ord. 2015-03, passed 7-7-2015)
The Sheriff may refuse to issue or renew, and may revoke, a permit to keep, harbor, or possess a wild or exotic animal or poisonous reptile in the county if, after an investigation, it is determined that any one or more of the following grounds exist:
(A) Misstatement. Material misstatement in the initial application or the renewal application for a permit which was made to induce the Sheriff to issue or renew a permit;
(B) Violation. Disregard or violation of the provisions of this subchapter;
(C) Non-payment of fees. Failure to pay fees and penalties required pursuant to this subchapter;
(D) Failure to maintain license. Failure to obtain or maintain a federal or state license to own, possess, or harbor a wild or exotic animal or poisonous reptile;
(E) Misrepresentation. Substantial misrepresentation or false promises to the Sheriff in connection with keeping, owning, harboring, or possessing a wild or exotic animal or poisonous reptile;
(F) Inspections. Failure or refusal to allow the Sheriff to inspect the enclosure or confinement facility;
(G) Failure to confine or restrain. Failure or refusal to confine or restrain a wild or exotic animal or poisonous reptile; or
(H) Failure to give notice of escape. Failure or refusal of the owner to give animal services immediate notice of the escape of a wild or exotic animal or poisonous reptile.
(Ord. 2015-03, passed 7-7-2015)
(A) All wild or exotic animals or poisonous reptiles shall be confined in primary and secondary cages, pens, and enclosures as described herein. No primary or secondary cage, pen, or enclosure shall be closer than 50 feet to any adjoining property line. Any conforming primary or secondary cage, pen, or enclosure which existed prior to enactment of this chapter will not be subject to relocation. The owner shall notify the county animal services immediately of the escape of a wild or exotic animal, or poisonous reptile.
(B) The minimum standards for the construction of primary and secondary enclosures which are to be used to keep, harbor, or restrain wild or exotic animals are as follows.
(1) Primary enclosures. The primary enclosure used to keep, harbor, or restrain the following animals shall be constructed with the materials and in the manner specified.
(a) Cheetahs, lions, tigers, and hybrids thereof.
1. Animals in this category shall be housed within a primary enclosure which has as a minimum 2,500 square feet per animal. There shall be no more than one male and two females in any one primary enclosure. There shall be no common fences between enclosures housing tigers and any other animals. If adult male animals are placed in adjacent enclosures, these enclosures shall be constructed of no smaller than nine gauge steel chain link fence, doubled and spaced so as to prohibit physical contact between two males. All enclosures shall have double safety doors.
2. The enclosure shall be constructed of not less than nine gauge steel chain link fence attached to not smaller than two and one-half inch diameter, schedule 40 steel poles placed at least 30 inches in the ground and anchored in 30 inches of concrete, and of sufficient length to extend to the top of the fence, and shall be placed no more than ten feet apart. Enclosures with roofs shall have sides a minimum of eight feet high, and enclosures without roofs shall have sides at least 12 feet high. Roof of enclosures shall be constructed of the same material as the sides and be firmly attached to the sides with no gaps.
(b) Leopards, mountain lions, and hybrids thereof. Animals in this category shall be housed in enclosures meeting all requirements set out above for tigers and, in addition thereto, the enclosure shall have a roof constructed or at least nine gauge steel chain link fencing, attached firmly to the sides with no gaps.
(c) Jaguars. Jaguars of any species shall be housed in enclosures constructed to the same standards as those required for leopards, except that the fencing shall consist of not smaller than six gauge steel chain link fencing for the sides and roof; however, the roof may consist of nine gauge steel chain link fencing provided the sides are at least ten feet high. The fencing shall be firmly secured to vertical and horizontal piping or rods, and must be firmly secured at three-inch intervals to the bottom horizontal crossbar, which shall be no more than three inches above the floor.
(d) Caracals, bobcats, lynxes, ocelots, servals, and hybrids thereof. Animals in this category shall be housed in enclosures completely enclosed with a minimum of 400 square feet for each animal and of a minimum height of eight feet. For additional animals, the minimum area shall be determined by multiplying the required square footage for a single animal by a factor of one and one-half for one additional animal and the result by the same factor, successively, for each additional animal. Walls and top or roof of cages shall be constructed of no smaller than 11.5 gauge steel chain link fencing secured to steel poles not smaller than one and one-half inch diameter and placed at least 30 inches in the ground in 30 inches of concrete not more than ten feet apart. Enclosures shall be double safety doors.
(e) Bears. Large bears are considered to be among the more dangerous as well as the more escape prone of all animals. Bears shall be housed in primary enclosures with at least 600 square feet per animal. There shall be not more than one male and one female per primary enclosure. The primary enclosure shall be constructed of solid steel bars at least three-fourths inch in diameter, anchored in the ground at least 30 inches and in 30 inches of concrete. Such enclosures shall be at least ten feet high and shall have a top or roof constructed of the same material as the sides and firmly attached thereto with no gaps therein. All such enclosures shall have a crossweld at least every four inches, and shall have a floor of concrete, covered with plywood or earth sufficiently to protect the animals used therein.
(f) Wild dogs, wolves, and hybrids thereof. Animals in this category shall be housed in enclosures completely enclosed with a minimum of 600 square feet for each animal and a minimum height of ten feet tall. Walls and top or roof of enclosures shall be constructed of not smaller than six gauge steel chain link fencing. The fencing shall be firmly attached to steel poles not smaller than two inches in diameter and placed at least 30 inches in the ground in 30 inches of concrete not more than ten feet apart.
(g) Poisonous reptiles. Poisonous reptiles shall be housed within a primary enclosure which contains a minimum of six cubic feet per reptile, provided, however, the enclosure shall, in any event, be of sufficient size to accommodate the reptile for normal growth. There shall be no more than one male and one female reptile per enclosure. The primary enclosure may be constructed of wood, metal, glass, or fencing material or any combination thereof sufficient to restrain and confine the reptile(s). Where solid wood, metal, and/or glass enclosures are provided, holes shall be provided in the sides for ventilation but shall be small enough to prevent the escape of the reptile. Where fencing material is used, the spacing between strands of wire shall be small enough to prevent the escape of the reptile. All enclosures must be of such construction as to totally enclose the reptile(s) and prevent the reptile(s) from opening the enclosure from within. At least one side of the enclosure must have a window of glass or fencing through which the owner may see the location of the animal before opening the enclosure. In lieu of a window, one or more sides of the enclosure may be constructed of glass or fencing to allow viewing of the reptile. All doors and entrances to the enclosure must be padlocked to contain the reptile and prevent its removal without the owner’s permission.
(2) Secondary enclosures.
(a) The purposes of secondary enclosures is to serve as a perimeter fence surrounding all primary enclosures, in order to protect the public by prevention of escape by an animal accidentally freed from its primary enclosure.
(b) Secondary enclosures shall be constructed of not smaller than 11.5 gauge steel chain link fencing at least 12 feet in height and shall encompass all primary enclosures. The fencing shall be attached to steel poles not smaller than two and one-half inch diameter and set in 30 inches of concrete or cedar or creosote post of equivalent length. All posts shall be placed at least 30 inches in the ground and be spaced not more than 15 feet apart. Secondary enclosures shall not have any common wall with any primary enclosure, and all such enclosures shall not have any common wall with any primary enclosure, and all such enclosures of animals capable of fence climbing shall be electrified at the bottom and middle and shall also have an electrified overhang to prevent climbing. Secondary enclosures surrounding enclosures of animals capable of fence climbing shall be electrified at the bottom and middle and shall also have an electrified overhang to prevent climbing. Secondary enclosures housing digging animals such as hyenas, wild dogs, and bears shall be so constructed as to be tunnel proof. The strength of the secondary enclosure shall be appropriate to the animals enclosed as well as to the conditions and shall be so constructed that no single foreseeable event can jeopardize the structural integrity of both the primary and secondary enclosure. All enclosures shall have double safety doors, each of which shall be secured by a lock. All such enclosures shall be located at a sufficient distance from the primary enclosure and from all other structures, rocks, trees, or terrain features that no such primary enclosure, structure, rock, tree, or terrain feature may be used as a leaping platform.
(c) In the event that cedar or creosote posts are used for line posts, all corner posts and posts at sharp angles shall be of steel and at least four inches in diameter, and all posts other than corner or angle posts shall be located on the outside of the fencing. In the event that cedar or creosote posts are used, they shall be replaced with steel posts at least two and one-half inches in diameter, schedule 40 when replacement is needed, or within six years, whichever is earlier.
(3) Shift cages. Shift cages are to be used for all deadly animals and are necessary so that the animals can be shut off from the primary enclosure for purposes such as cage cleaning. Structural and strength specifications are to be identical to the specifications for the primary enclosure. Size is to be determined as follows: an open top shift cage must be at least 400 square feet. A closed top shift cage must be at least two times the length of the animal squared (example: an eight-foot long animal shift cage would be two by eight square or 256 square feet). The shift cage shall share a common wall with the primary enclosure and should be accessible to the animal by means of a drop door that can be raised or lower from outside the enclosure. The shift cage shall also have a door that allows the shift cage to be entered without first entering the primary enclosure.
(4) Variations.
(a) County animal services shall allow no variations from these standards, if, because of the breeding, history, character, or other particular trait, it is the opinion of Sheriff that the standards as described in this subchapter are insufficient to restrain any wild or exotic animal, he or she shall refuse to issue a permit until standards sufficient to restrain the animal are developed and adopted by the Board of County Commissioners.
(b) Animal services may seek the assistance of the Sheriff or Police Department to remove or keep the animal out of the county.
(5) Maintenance of structure. All primary and secondary enclosures shall be designed, constructed, and maintained so that no foreseeable event or series of events shall break the structural integrity of the primary or secondary enclosures.
(Ord. 2015-03, passed 7-7-2015)
(A) Any owner of a wild or exotic animal or poisonous reptile shall have on hand at all times sufficient equipment and chemicals necessary to tranquilize any animal or reptile for which a permit has been granted.
(B) The owner of a wild or exotic animal or poisonous reptile shall also have on hand at all times sufficient equipment to kill any such animal or reptile should the same become necessary.
(Ord. 2015-03, passed 7-7-2015)
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