The following provisions shall govern the impoundment and/or disposition of inherently dangerous exotic animals present in the County in contravention of this chapter:
(A) The Animal Control Department may immediately take up and impound an inherently dangerous exotic animal if the Animal Control Department determines in its discretion that it has facilities sufficient to safely house the animal and that the impoundment can be undertaken without injury to persons or property. The possessor is liable for the costs of capture, placement, and care for the inherently dangerous exotic animal from the time the attempt to capture begins or impoundment occurs (whichever happens first) until the time the animal has been relocated to an approved facility as set forth hereunder, or has been returned to the possessor (in the case of an exempt entity or person), or has been destroyed. Said costs may be recovered by the County in the form of additional civil penalties as set forth under § 90.999.
(B) If an inherently dangerous exotic animal is impounded as set forth above, the possessor must within 72 hours of impoundment post a security bond or cash deposit with the Animal Control Department in an amount sufficient to guarantee payment of all reasonable expenses incurred and expected to be incurred in capturing, caring for, providing for, and placing the animal, including but not limited to the estimated cost of feeding, medical care, and housing for at least 30 days, plus the cost of relocating the animal as set forth hereunder. The security bond or cash deposit shall not prevent the Animal Control Department from relocating the animal at any time; provided, that upon such relocation the Animal Control Department shall recover under the security bond or cash deposit only those sums actually incurred in connection with the above listed expenses; provided further, that the Animal Control Department may in its discretion keep the animal under impoundment for a period of up to 60 days if the possessor has posted a security bond or cash deposit sufficient to cover such period. In all cases the amount of the security bond or cash deposit shall be determined by the Animal Control Department and shall be based on the current rate to feed, provide medical care for, and house the animal, plus the expected cost of relocating the animal, plus costs already incurred for the same and for capturing the animal. The form for security bonds as required herein shall be approved by the Animal Control Department.
(C) If an inherently dangerous exotic animal is impounded as set forth above, the Animal Control Department shall, upon posting of the required security bond or cash deposit by the possessor, attempt to find proper and safe housing for the animal outside the County through placement of the animal with an institution or location accredited by the American Zoo and Aquarium Association (AZA). If said security bond or cash deposit is not timely posted, or if the possessor of the animal is unknown or cannot be located, the Animal Control Department may nonetheless, in its discretion, attempt to find proper and safe housing for the animal outside the County as stated above; provided, that if the possessor is subsequently identified or located, said possessor shall be liable for all costs of placement and care incurred by the Animal Control Department as set forth in division (A) of this section.
(D) (1) The provisions of divisions (B) and (C) of this section shall not apply in the case of an impounded inherently dangerous exotic animal if:
(a) The impounded animal escaped or was released from an exempt entity or person as set forth in § 90.133 above; and
(b) In the discretion of the Animal Control Department, the animal can safely be impounded and returned to the exempt entity or person or can safely be recaptured by said entity or person; and
(c) In the discretion of the Animal Control Department, the exempt entity or person has taken reasonably sufficient steps to assure that the animal will not escape or be released in the county again; and
(d) The animal has not previously escaped or been released in the County.
(2) In such event the Animal Control Department shall allow the exempt entity or person to recapture the animal or, if the animal is impounded, shall return the same to the exempt entity or person upon payment in full of all costs of capture as provided hereinabove.
(E) If the Animal Control Department determines in its discretion that an inherently dangerous exotic animal cannot be taken up and impounded within the requirements of division (A) above, the Animal Control Department may authorize and direct the possessor to retain the animal and, within a fixed period of time not to exceed 60 days, relocate the animal to proper and safe housing outside the County through placement with an institution or location accredited by the AZA. The foregoing provisions shall apply only if the Animal Control Department determines in its discretion that the animal has not caused injury to persons or property and that the possessor has facilities sufficient to safely house the animal and prevent it from escaping or causing such injury during the period when it is being relocated. The decision of the Animal Control Department to proceed under this division (E) shall in no way affect the applicability or imposition of civil penalties as to the possessor for violating the provisions of division (2) above, and during any period of relocation hereunder the civil penalties so imposed shall continue until the possessor presents documentation or other satisfactory proof to the Animal Control Department that the animal has been relocated as required herein.
(F) Unless otherwise prohibited by the Federal Endangered Species Act or other applicable Federal or state law, the Animal Control Department may immediately destroy an inherently dangerous exotic animal in a humane manner if:
(1) The Animal Control Department determines in its discretion that the animal cannot be taken up and impounded within the requirements of division (A) above, and further determines in its discretion not to proceed under the provisions of division (E) above;
(2) In the event of applicability of division (B) above, the possessor of the animal fails to timely post the security bond or cash deposit as required therein;
(3) In the event of applicability of division (C) above, proper and safe housing cannot be found for the animal as set forth therein; or
(4) The animal has escaped or been released from an exempt entity or person but does not fall within the provisions of division (D) above.
(Ord. passed 8-1-2016)