(a) Prohibited Animals. No person shall possess a venomous reptile, elephant, rhinoceros, lion, tiger, ocelot, cougar, leopard, cheetah, jaguar, hyena, bear, coyote, fox, ape, monkey, wolf, opossum, raccoon, skunk, or any hybrid of these animals or any other prehensile or carnivorous mammal that exceeds thirty-five pounds and is normally found in a circus or zoological garden. This subsection shall not be construed to apply to a theatrical exhibit or circus.
(b) Restricted Animals. No person shall possess any individual species or subspecies of any of the following animals without a permit issued by the Utica Police Department: exotic livestock, domesticated ferrets (Mustela Putorius Furo) or miniature pigs. Miniature pigs shall not exceed 100 pounds in weight. No more than two adult restricted animals that exceed thirty- five pounds each are permitted on any premises of less than one acre.
(c) Nonvenomous Reptiles. Nonvenomous reptiles that exceed six feet in length and/or weigh more than twenty pounds shall be registered with the Utica Police Department and shall meet all requirements of subsection (d) hereof.
(d) Permit Requirements for Restricted Animal Ownership.
(1) Any person who wishes to possess a restricted animal within the Utica Village limits must apply for a permit at the Police Department and provide the following information and documentation:
A. A health certificate from a licensed veterinarian stating that the animal is free from symptoms of infectious disease or is under treatment and has received the required applicable vaccination(s). A new health certificate is required each time the permit is renewed. A copy of said permit will remain in the Police Department.
B. Copies of applicable State or Federal permits or licenses.
C. Information relating to the owner and veterinarian, in case of emergences.
(2) The Police Department must be notified of any change in location which occurs for any restricted animal. This notice shall be filed at least fifteen days prior to such change.
(3) Before a permit is issued, or a change in premises is allowed, the Chief of Police, or his or her designee, shall inspect the facility where the animal is to be kept, which must meet the following criteria:
A. Each enclosure must provide adequate exercise area and sleeping quarters.
B. Each enclosure must be kept locked and designed so that no one can enter.
C. Each enclosure must be constructed so as to prevent the animal from escaping.
D. Each enclosure must be kept clean and in good repair.
(4) Owners keeping permitted restricted animals or pets inside their residences are not required to comply with subsections (d)(3) and (5) hereof. The animal must remain in the owner’s home or, if outdoors and no barrier is present, in a prescribed enclosure or on a leash.
(5) The owner of any animal listed in subsections (b) and (c) hereof, which has bitten or scratched someone must file a report with the Police Department within twenty-four hours of the bite or scratch. The Police Officer taking such report shall require the owner to produce satisfactory proof that such animal has been vaccinated with the required applicable vaccination(s). The owner of such animal shall also comply with Section 505.10
of the Utica Codified Ordinances.
(6) The fee for a restricted animal permit shall be ten dollars ($10.00) per animal that is more than six months of age. The permit shall expire one year from the date of issuance and shall not be transferable with new ownership.
(e) Exemptions.
(1) The following shall be exempted from the provisions of this section:
A. A zoological park accredited by the American Association of Zoological Park and Aquariums.
B. Federally licensed research institutions.
C. Any government agency or its employee who uses animals for an agency-related education, propagation or behavior program.
(2) The following animals are specifically excluded from the provisions of this section: dogs, cats, guinea pigs, gerbils, hamsters, white rats and mice, goldfish, tropical fish, rabbits and parakeets, canaries, parrots and other birds commonly available for purchase in area pet shops.
(f) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for each offense. A separate offense shall be deemed committed each day during which or on which a violation or noncompliance occurs or continues.
(Ord. 98-5. Passed 4-13-98.)