ARTICLE 2.06 DANGEROUS WILD ANIMALS

A research facility, as that term is defined by section 2(e), Animal Welfare Act (7 U.S.C. section 2132), and its subsequent amendments, that is licensed by the Secretary of Agriculture of the United States under that act;

An organization that is an accredited member of the American Zoo and Aquarium Association;

An injured, infirm, orphaned, or abandoned dangerous wild animal while being transported for care or treatment;

An injured, infirm, orphaned, or abandoned dangerous wild animal while being rehabilitated, treated, or cared for by a licensed veterinarian, an incorporated humane society or animal shelter, or a person who holds a rehabilitation permit issued under subchapter C, chapter 42, Parks and Wildlife Code;

(5)

A dangerous wild animal owned by and in the custody and control of a transient circus company that is not based in this state if:

The animal is used as an integral part of the circus performances; and

The animal is kept within this state only during the time the circus is performing in this state or a period not to exceed 30 days while the circus is performing outside the United States;

(6)

A dangerous wild animal while in the temporary custody or control of a television or motion picture production company during the filming of a television or motion picture production in this state;

(7)

A dangerous wild animal owned by and in the possession, custody, or control of a college or university solely as a mascot for the college or university;

(8)

A dangerous wild animal while being transported in interstate commerce through the state in compliance with the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and its subsequent amendments and the regulations adopted under that act;

(9)

A nonhuman primate owned by and in the control and custody of a person whose only business is supplying nonhuman primates directly and exclusively to biomedical research facilities and who holds a class A or class B dealer’s license issued by the Secretary of Agriculture of the United States under the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and its subsequent amendments; and

(10)

A dangerous wild animal that is:

Owned by or in the possession, control, or custody of a person who is a participant in a species survival plan of the American Zoo and Aquarium Association for that species; and

An integral part of that specie’s survival plan.

(Ordinance adopting Code)

§ 2.06.003 Offenses.

A person commits an offense if the person violates section 2.06.007(a) or (b), section 2.06.031(a) or section 2.06.034. Each animal with respect to which there is a violation and each day that a violation continues is a separate offense.

§ 2.06.006 Relocation or disposition of animal.

A person commits an offense if the person knowingly sells or otherwise transfers ownership of a dangerous wild animal to a person who does not have a certificate of registration for that animal as required by this article.

(Ordinance adopting Code)

§ 2.06.004 Liability insurance.

An owner of a dangerous wild animal shall maintain liability insurance coverage in an amount of not less than $100,000.00 for each occurrence for liability for damages for destruction of or damage to property and death or bodily injury to a person caused by the dangerous animal.

(Ordinance adopting Code)

§ 2.06.005 Inspections.

An owner of a dangerous wild animal, at all reasonable times, shall allow the animal registration agency, its staff, its agents, or a designated licensed veterinarian to enter the premises where the animal is kept and to inspect the animal, the primary enclosure for the animal, and the owner’s records relating to the animal to ensure compliance with this article.

(Ordinance adopting Code)

An owner of a dangerous wild animal may not permanently relocate the animal unless the owner first notifies the animal registration agency in writing of the exact location to which the animal will be relocated and provides the animal registration agency, with respect to the new location, the information required by section 2.06.032.

§ 2.06.007 Attack by animal; escape of animal; liability.

Within 10 days after the death, sale, or other disposition of the animal, the owner of the animal shall notify the animal registration agency in writing of the death, sale, or other disposition.

(Ordinance adopting Code)

An owner of a dangerous wild animal shall notify the animal registration agency of any attack of a human by the animal within 48 hours of the attack.

An owner of a dangerous wild animal shall immediately notify the animal registration agency and the local law enforcement agency of any escape of the animal.

An owner of a dangerous wild animal that escapes is liable for all costs incurred in apprehending and confining the animal.

§ 2.06.008 Powers and duties of board; caging requirements and standards.

An animal registration agency, a law enforcement agency, or an employee of an animal registration agency or law enforcement agency is not liable to an owner of a dangerous wild animal for damages arising in connection with the escape of a dangerous wild animal, including liability for damage, injury, or death caused by the animal during or after the animal’s escape, or the injury to or death of the animal as a result of apprehension or confinement of the animal after escape.

(Ordinance adopting Code)

The board by rule shall establish caging requirements and standards for the keeping and confinement of a dangerous wild animal to ensure that the animal is kept in a manner and confined in a primary enclosure that:

Protects and enhances the public’s health and safety;

Prevents escape by the animal; and

Provides a safe, healthy, and humane environment for the animal.

An owner of a dangerous wild animal shall keep and confine the animal in accordance with the caging requirements and standards established by the board.

An animal registration agency may approve a deviation from the caging requirements and standards established by the board, only if:

The animal registration agency has good cause for the deviation; and

The deviation:

Does not compromise the public’s health and safety;

§ 2.06.009 Care, treatment, and transportation.

Does not reduce the total area of the primary enclosure below that which is established by the board; and

(C)

Does not otherwise adversely affect the overall welfare of the animal involved.

(Ordinance adopting Code)

For each dangerous wild animal, the owner shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and its subsequent amendments and the regulations adopted under that act relating to:

Facilities and operations;

Animal health and husbandry; and

Veterinary care.

An owner of a dangerous wild animal shall maintain a separate written log for each dangerous wild animal documenting the animal’s veterinary care and shall make the log available to the animal registration agency or its agent on request. The log must:

Identify the animal treated;

Provide the date of treatment;

Describe the type or nature of treatment; or

Provide the name of the attending veterinarian, if applicable.

When transporting a dangerous wild animal, the owner of the animal, or a designated carrier or intermediate handler of the animal, shall comply with all transportation standards that apply to that animal under the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and its subsequent amendments or the regulations adopted under that act.

§ 2.06.010 through § 2.06.030. (Reserved)

A person is exempt from the requirements of this section if the person is caring for, treating, or transporting the animal for which the person holds a class A or class B dealer’s license or a class C exhibitor’s license issued by the Secretary of Agriculture of the United States under the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and its subsequent amendments.

(Ordinance adopting Code)

Division 2 Certificate of Registration

§ 2.06.031 Required; fees.

A person may not own, harbor, or have custody or control of a dangerous wild animal for any purpose unless the person holds a certificate of registration for that animal issued by an animal registration agency.

A certificate of registration issued under this article is not transferable and is valid for one year after its date of issuance or renewal unless revoked.

The animal registration agency may establish and charge reasonable fees for application, issuance, and renewal of a certificate of registration in order to recover the costs associated with the administration and enforcement of this article. A fee of $50.00 per animal will be charged to an applicant, which may not exceed $500.00 for each person registering animals, regardless of the number of animals owned by the person. The fees collected under this section may be used only to administer and enforce this article.

(Ordinance adopting Code)

§ 2.06.032 Application.

An applicant for an original or renewal certificate of registration for a dangerous wild animal must file an application with an animal registration agency on a form provided by the animal registration agency.

The application must include:

The name, address, and telephone number of the applicant;

A complete identification of each animal, including species, sex, age, if known, and any distinguishing marks or coloration that would aid in the identification of the animal;

The exact location where each animal is to be kept;

A sworn statement that:

All information in the application is complete and accurate; and

The applicant has read this article and that all facilities used by the applicant to confine or enclose the animal comply with the requirements of this article; and

(5)

Any other information the animal registration agency may require.

An applicant shall include with each application:

The nonrefundable fee;

Proof, in a form acceptable by the animal registration agency, that the applicant has liability insurance, as required by section 2.06.004;

A color photograph of each animal being registered taken not earlier than the 30th day before the date the application is filed;

A photograph and a statement of the dimensions of the primary enclosure in which each animal is to be kept and a scale diagram of the premises where each animal will be kept, including the location of any perimeter fencing and any residence on the premises; and

(5)

If an applicant holds a class A or class B dealer’s license or class C exhibitor’s license issued by the Secretary of Agriculture of the United States under the Animal Welfare Act (7 U.S.C. section 2131 et seq.) and its subsequent amendments, a clear and legible photocopy of the license.

In addition to the items required under subsection (c), an application for renewal must include a statement signed by a veterinarian licensed to practiced in this state stating that the veterinarian:

Inspected each animal being registered not earlier than the 30th day before the date of the filing of the renewal application; and

§ 2.06.033 Denial or revocation; appeal.

Finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this article.

(Ordinance adopting Code)

If the animal registration agency finds that an application for an original or renewal certificate of registration under this article does not meet the requirements of section 2.06.032 or, after inspection, that an applicant has not complied with this article, the animal registration agency shall deny the applicant a certificate of registration and give the applicant written notice of the denial and the reasons for the denial.

If the animal registration agency finds, after inspection, that a registered owner provided false information in or in connection with the application or has not complied with this article, the animal registration agency shall revoke the certificate of registration and give the owner written notice of the revocation and the reasons for the revocation.

A person may appeal the denial of an original or renewal certificate of registration or the revocation of a certificate of registration to the municipal court not later than the 15th day after the date the certificate of registration is denied or revoked. Either party may appeal the decision of the municipal court to a county court or county court at law in the county in which the municipal court is located. The decision of the county court or county court at law may not be appealed.

The filing of an appeal of the denial or revocation of a certificate of registration under subsection (c) stays the denial or revocation until the court rules on the appeal.

(Ordinance adopting Code)

§ 2.06.034 Display.

A holder of a certificate of registration shall prominently display the certificate at the premises where each animal that is the subject of the certificate of registration is kept.