Any species of wild or exotic animal, not considered domesticated
according to generally accepted animal control or veterinary practices,
that poses a potentially serious threat to public health, safety or
welfare, or is protected by international, federal or state regulations
or any other wild animal, including birds of prey capable of or inclined
to do serious bodily harm to humans or other domestic animals or fowl,
shall not be kept within the corporate limits of the city.
(Ordinance 695-01 adopted 3/5/01)
The provisions in section
2.08.001 above shall not apply to the keeping of wild or exotic animals if the owner or possessor:
(1) Is
a governmental agency or entity; or
(2) Holds
a circus, carnival or zoo license from the state; or
(3) Is
a licensed individual, or a member of a non-profit animal rehabilitation
organization holding a permit from the state department of parks and
wildlife; or
(4) Is
a research institution or an accredited educational institution.
(Ordinance 695-01 adopted 3/5/01)
(a) The
following wild or exotic animals may be kept within the city, provided
certain requirements are met:
(1) Bison, provided they are kept on lots or tracts of land two (2) acres
or greater in area; however, it shall be a defense to prosecution
regarding the keeping of bison on lots or tracts of land less than
two (2) acres in area that the same bison and no more than the number
of bison in question were being kept on the same premises, by the
same owner, prior to the adoption of this chapter. (March 5, 2001)
(2) Exotic birds, provided they are not birds of prey.
(3) Emus, ostriches, or rheas, pursuant to the provisions of article
2.09 herein; however, it shall be a defense to prosecution regarding the number of emus, ostriches or rheas being kept, that no more than the number of emus, ostriches or rheas in question were being kept on the same premises, by the same owner, prior to the adoption of this chapter. (March 5, 2001)
(4) Any other animal not previously excluded in section
2.08.001 of this chapter and legally procured from breeders, pet stores or other persons, businesses or corporations engaged in the buying, selling or trading of said animals.
(b) The
aforementioned animals listed in this section may be kept within the
city provided the owner or possessor of such animals meets the following
requirements:
(1) Any area within the city where these animals are kept is zoned so
as to allow the keeping of such animals.
(2) Any enclosure, corral, pen, cage or restrictive area in which these
animals are kept is constructed so as to prevent their escape.
(3) All necessary international, federal, state, or local licenses and/or
permits have been obtained, if required.
(Ordinance 695-01 adopted 3/5/01)
The city enforcement agent may seize and/or order the immediate
impoundment or quarantine, at the owner’s expense, of any wild
or exotic animal found in the city where there is a potentially serious
threat to public health, safety or welfare, and/or if in violation
of any provision of this chapter. The city enforcement agent may seek
a seizure warrant from a justice court, county court or municipal
court, which court, upon probable cause, may issue a warrant authorizing
a seizure. A hearing shall be conducted on this disposition of the
animal within ten (10) business days of the date of seizure. The owner
or harborer of the animal, to the extent the same is known or can
be determined through reasonable due diligence, shall receive written
notice of the hearing, by personal service and/or certified mail,
return receipt requested, as soon as practicable but not later than
five (5) days prior to the hearing.
(Ordinance 695-01 adopted 3/5/01)