A. Definitions:
BAT HOUSE: A multichamber, wooden structure created and installed specifically for the year round use and habitation of bats and their pups.
WILD ANIMAL: Any species of mammal, reptile, amphibian, arachnid or predatory animal which is not naturally tame or gentle but is of a wild nature or disposition, and which because it is carnivorous in its wild state, or is poisonous, or because of its size, physical makeup, vicious nature or other characteristics would constitute a danger to human life, domestic animals or property, including lion, tiger, leopard, ocelot, jaguar, cheetah, margay, mountain lion, lynx, bobcat, jaguarundi and other wild cats of the family felidae, hyena, bear, wolverine, badger, wolf, coyote, boar, alligator, crocodile, and poisonous or venomous biting or injecting species of amphibian, arachnid, or reptile or any life threatening reptile. While this definition may encompass certain animals which may also be defined as "dangerous" under this chapter, any animal which is of a species listed specifically shall be considered a wild animal and any poisonous, venomous biting or injecting species of amphibian, arachnid or reptile or life threatening reptile shall be considered a wild animal, and the provisions of this section regarding such wild animals shall apply. (Ord. 1533, 10-7-1996; amd. Ord. 2629, 2-7-2011)
B. Prohibition Against Keeping Wild Animals: It shall be unlawful for any person or entity to harbor or keep any wild animal in the City, except the provisions of this section shall not apply to the following:
1. Keeping of such animals in a bona fide licensed veterinary hospital for treatment;
2. Keeping of such animals in a bona fide educational institution;
3. Keeping of such animals in a museum, circus, carnival, zoo or other event for entertainment, which is authorized by the proper and responsible official or officers of the City in accordance with all applicable laws and ordinances, and provided that proper bond and/or insurance has been posted in accordance with City ordinances, all Federal, State, County and local permits and licenses have been procured, and the applicant thereunder is in compliance with all Federal, State, County and local rules, regulations, laws and ordinances; and
4. Maintaining a bat house on any lot less than one-half (1/2) acre in area, no more than two (2) bat houses on lots at least one-half (1/2) acre but less than one acre in area, and no more than three (3) bat houses on lots one acre or greater in area.
It shall not be a defense to a violation of this section that the person or entity violating said section has attempted to, or has in fact, domesticated the wild animal. (Ord. 2629, 2-7-2011)
C. Notice Of Keeping Of Wild Animals: Upon the written complaint of any person that a person, firm or corporation procured, owns, possesses or harbors a wild animal on premises in the City, the Chief of Police shall forthwith cause the matter to be investigated, and if after investigation the facts indicate that such person, named in the complaint, is in fact the owner or is keeping or harboring any such wild animal in the City, the Chief of Police shall forthwith send written notice to such person, requiring such person to safely remove said wild animal from the City within ten (10) days of the date of said notice. Notice as herein provided shall not be required where such wild animal has previously caused physical harm or death to any person, or has escaped and is at large, in which case the Chief of Police shall cause said wild animal to be immediately seized and impounded, according to the provisions of subsection D of this section, or killed, if seizure and impoundment are not possible without risk of physical harm or death to any person, domestic animal or property.
D. Seizure Of And Impounding Wild Animals: The Chief of Police shall forthwith cause to be seized and impounded any wild animal where the person owning, keeping or harboring such animal has failed to comply with the notice sent pursuant to subsection C of this section. Any Health Officer or any police officer of the City shall have the authority to enforce the provisions of this section, including, but not limited to, taking possession of any wild animal the officer reasonably believes is being kept, possessed or harbored in violation of this section. If the person in possession refuses to relinquish possession of the wild animal the Health Officer or police officer shall so notify the Chief of Police, and the Chief of Police shall obtain an appropriate court order, with the assistance of the City Attorney, to obtain possession. This section shall not be interpreted to authorize or attempt to authorize entry into places not open to the public, without either the consent of the owner or person in possession or warrant to other court order. Upon a seizure and impoundment, said animal may be delivered to a place of confinement for safekeeping with a qualified zoological park, humane society, veterinary hospital or animal refuge for safekeeping, authorized by law to accept, own, keep or harbor such wild animals.
E. Forfeiture Of Animal: Any person, firm or corporation violating any provision of this section shall, in addition to any fine, penalty or equitable relief granted against it, forfeit the wild animal to the City for permanent disposition to a zoological or animal refuge authorized by law to accept, keep or harbor such animals, if reasonably possible, or if not, for destruction of said wild animal.
F. Nuisance, Injunction: Any violation of this section is hereby declared to be a nuisance. In addition to any other relief provided by this section, the City Attorney may apply to a court of competent jurisdiction for an injunction to prohibit the continuation of any violation of this section. Such application for relief may include seeking a temporary restraining order, preliminary injunction and/or permanent injunction. (Ord. 1533, 10-7-1996)