[Ord. 1262, passed 1-28-2002]
The Town Council of the Town of McCandless finds that the harboring
of wild or dangerous animals within the Town may be offensive to other
residents of the Town so as to constitute a public nuisance and may
pose a threat to the safety of its inhabitants. No wild or dangerous
animal shall be kept within the Town except as permitted by this article.
[Ord. 1262, passed 1-28-2002]
(a) Definitions.
ANIMAL
All non-human vertebrate and invertebrate species, whether
wild or domestic, commonly considered to be part of the animal kingdom.
HARBOR
To keep or contain upon private property or to permit another
to keep or contain upon private property.
OWNER
Includes every person, firm or corporation having a right
of property in any animal which is kept harbored, or cared for within
the Town of McCandless for a period of seven or more days as well
as every person, firm or corporation occupying any premises within
the Town which permits any animal to remain on or about its premises
for a period of seven or more days.
TOWN OFFICIAL OR AGENT
Person, persons or entity, designated by the Town Manager
to enforce the provisions of this article.
WILD OR DANGEROUS ANIMAL
Any animal which is wild, fierce, dangerous, noxious, venomous
or naturally inclined to do harm. Wild animals, however domesticated,
shall also include but not be limited to:
Amphibians: All venomous amphibians.
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Bear (Ursidae): All bear, including grizzly bears, brown bears,
black bears, etc.;
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Cat Family (Felidae): All except commonly accepted domestic
cats-including lions, pumas, panthers, mountain lions, leopards, jaguars,
ocelots, margays, tigers, wild cats, etc.;
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Crocodilians: All alligators, caimans, crocodiles, gavials,
etc.;
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Dog Family (Canidae): All except domesticated dogs-including
wolf, fox, coyote, dingo or domesticated dogs bred with a wolf, fox,
coyote, dingo, etc.;
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Porcupine (Erethizontidae): All porcupines, etc.;
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Primates (Hominidae): All sub-human primates, etc.;
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Raccoons (Procynidae): All raccoons, civets, opossums, armadillos,
etc.;
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Reptiles: All venomous and constricting snakes, venomous lizards,
and all other venomous reptiles, etc.;
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Spiders: All venomous spiders;
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Weasels (Mustelidae): All including weasels, skunks, mink, wolverine,
badgers, otters, ermine, mongoose, etc.
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(b) Keeping of wild or dangerous animals prohibited.
(1)
No person shall keep or harbor a wild or dangerous animal in
any place other than a zoological park, veterinary hospital or clinic,
humane society, or circus, sideshow, amusement show or facility used
for educational or scientific purposes, which provides cages, fences
and other protective devices adequate to prevent such animal from
escaping or injuring the public, or causing a health hazard due to
fecal matter, or otherwise.
(2)
Any person keeping or harboring a wild or dangerous animal as
registered herein shall conspicuously display a warning sign that
there is a wild or dangerous animal on the premises.
(c) Disposition and impoundment. Any person who keeps a wild or dangerous
animal in contravention of this section must dispose of the animal
by removal of the animal from the Town or turning it over to the Town
as directed by the Town Official or agent. The Town Official or agent
is authorized to release the animal to a zoological park, or to dispose
of the animal in some humane manner. The cost of removal and/or placement
at a park or other facility is to be borne by the owner.
(d) Wild or dangerous animals owned at the time of the effective date
of this article. Any owner of a wild or dangerous animal shall at
the time of enactment of this section register said wild or dangerous
animal with the Town and shall provide:
(1)
An annual fee of $20 per wild or dangerous animal, which shall
be paid by the owner or possessor of such animal to register it with
the Town. A copy of this registration is to be filed with the Police
Department.
(2)
Upon the death, sale, adoption, exchange, transfer or disposal
of said wild or dangerous animal, the animal shall not be replaced.
(e) Any owner of a wild or dangerous animal registered under this section
shall maintain insurance coverage that provides general liability
insurance issued by an insurer authorized to do business in this Commonwealth
insuring the owner for any personal injury caused by the wild or dangerous
animal.
(f) Sworn law enforcement officers are empowered to enforce provisions
of this article.
[Ord. 1262, passed 1-28-2002]
Any person violating any provision of Sections
702.01 through 702.03 shall be fined not more than $500, or be imprisoned 90 days or both. Each day's violation shall constitute a separate offense.