§ 90.124 CAGES, PENS, AND ENCLOSURES.
   (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)