Any action to approve a request for an exotic animal shall include the following conditions in addition to any conditions deemed appropriate by the reviewing authority:
A. The keeping of the animal must comply with all town code requirements including setbacks from property lines and other dwellings.
B. The keeping/caging of the animal must comply with all applicable federal and state requirements.
C. Each animal must have sufficient area to be maintained and exercised in a normal healthy manner as determined by the state department of fish and game.
D. Each permit shall specify the annual renewal period and inspection requirements. Permits for any animal shall be issued for a period not to exceed twelve (12) months.
E. The applicant agrees to allow reasonable inspection of the property by animal control staff and/or designee to ensure compliance with the conditions of approval. Inspections shall include, at a minimum, one inspection per year following approval of the permit and at each renewal. At such time the applicant shall provide animal control with written documentation/records from a qualified veterinarian that the animal(s) are being properly cared for.
F. Upon the renewal of the permit and inspection, the applicant shall supply written documentation from the state department of fish and game that the facility and the keeping of the animals are in compliance with all federal and state requirements.
G. The applicant obtains a permit from the state department of fish and game.
H. All cages shall be constructed by a licensed contractor and shall provide certification that the cages were constructed and installed in accordance with the approved plans and all state and/or federal caging requirements.
I. The area where the animals are to be kept shall be screened from public view.
J. The applicant/owner shall agree to defend, indemnify, and hold harmless the town, its agents, officers, or employees from any claim, action, or proceeding against the town or its agents, officers, or employees to attack, set aside, void, or annul an approval of the town, an advisory agency, appeal board or legislative body concerning the permit or any other action relating to or arising out of such approval. Any condition of approval imposed pursuant to the provisions of this condition shall include a requirement that the town promptly notify the applicant of any claim, action, or proceeding and that the town cooperate fully in the defense. If the town fails to promptly notify the applicant of any claim, action, or proceeding, or if the town fails to cooperate fully in the defense, the applicant shall not thereafter be responsible to defend, indemnify, or hold the town harmless. If any provision of this condition is found invalid by a court of law, the remaining provisions of this condition shall remain in full force and effect.
K. The occupant of the premises on which the exotic animal is kept shall keep and maintain the animal(s) and the premises in such a manner as not to be detrimental to the health, safety or welfare of any person on any adjoining property or of the general public. Such maintenance shall be at least sufficient to keep dust, odor, and flies from having an adverse effect on any other property.
L. Immediate notification shall be given to the department of fish and game, San Bernardino County sheriff department, and town of Yucca Valley animal control in the event the animal(s) escape from the premises.
M. Prior to occupancy of the site by any exotic animal, the applicant shall develop a comprehensive emergency plan for state department of fish and game, local police and animal control for review and approval. This comprehensive plan of action shall be developed to address the following situations:
1. Damages to the enclosures. Temporary holding facilities shall be identified. Necessary mechanisms to safely transport the animal(s) to another holding enclosure shall be on hand.
2. Animal attacking and/or injuring humans: Include a list of safety equipment that will be available for use.
3. Escape of animal from its enclosure: Recapture plans shall outline the procedures for handling and recapture of the escaped animal(s), equipment to be used, people to be contacted, various restraint methods, including conditions which warrant the use of lethal force.
N. Prior notification of inspection is not required if town animal control staff has reason to believe the health and safety of the public or the animal is in danger if there is a delay.
O. Any excessively disturbing noises, including, but not limited to, continued and repeated howling, barking, whining, or other utterances causing unreasonable annoyance, disturbance or discomfort to neighbors or others in close proximity to the premises where the animal(s) is kept or harbored shall be considered a nuisance.
P. Prior to occupancy of the site with any exotic animal as approved under an SUP or CUP, the applicant shall provide proof of their ability to respond in damages to and including the amount of one hundred thousand dollars ($100,000.00) by obtaining a policy of insurance coverage in said amount for bodily injury or death of any person(s) or for damage to property owned by any other person which may result from the ownership, keeping or maintaining of an exotic animal(s). Proof of liability shall be provided as required by this title in a form approved by the town attorney, a certificate of insurance issued by a solvent corporation authorized to issue bonds under the laws of the state. Such certificate of insurance or bond shall provide that no cancellation of the insurance or bonds will be made unless thirty (30) days' written notice is first given to the town community development planning section. (Ord. 254, 12-16-2014)