For the purposes of this chapter, unless it is plainly evident from the context that a different meaning is intended certain terms used herein are defined as follows:
"City Manager"
means the City Manager of Union City or his or her authorized representative;
"Exotic animal"
means any of the following:
1. 
Following members of the Class Reptilia: Order Ophidia (such as, but not limited to racers, boas, water snakes, and pythons) over six feet in length, and Order Loricata (such as, but not limited to, alligator, caymans and crocodiles) over two feet in length,
2. 
Following members of the Class Aves: Order Falconiformes (such as, but not limited to, hawks, eagles and vultures which are not kept pursuant to Federal or State permit) and Subdivision Ratitae (such as, but not limited to, ostriches, rheas, cassowaries and emus),
3. 
Following members of the Class Mammalia: Order Carnivora, expressly excepting the domestic dog, (canis familaris) and the domestic cat (felis catus) but including, but not limited to, the Family Felidae (such as ocelots, margays, tigers, jaguars, leopards, and cougars), the Family Canidae (such as wolves, dingos, coyotes and jackals), and Order Marsupialia (such as kangaroos and common opossums (didelphis marsupialia), and Order Chiroptera (bats), and Order Edentata (such as sloths, anteaters and armadillos), and Order Proboscidea (elephants) and Order Primata (including, but not limited to, monkeys, chimpanzees and gorillas), and Order Ungulata (including, but not limited to antelope, bison and camels).
4. 
Any chickens, roosters, cocks geese, ducks, turkeys, pheasants, doves, pigeons, squabs or similar fowl,
5. 
Any species of animal when kept, maintained or harbored in such numbers or in such a manner as to constitute the likelihood of danger to the animals themselves, to human beings or to the property of human beings,
6. 
Any species of animal which is venomous to human beings whether its venom is transmitted by bite, sting, touch or other means, except honey producing bees;
"Impound"
means to take possession of and hold in the custody of the City Manager;
"Owner"
means any person, firm or corporation owning, having an interest in, or having control, custody or possession of any exotic animal;
"Person"
includes any person, partnership, corporation, trust and association of persons.
(Ord. 97-73 § 6.1, 1973; Ord. 547-99 § 2, 1999)
No person shall own or keep any exotic animal without first applying to and receiving from the City Manager a permit to do so.
(Ord. 97-73 § 6.2, 1973)
The application for a permit shall contain the name of the applicant, his or her address, the address of the proposed location of the exotic animal, if different from the applicant's, and a brief description of the applicant's plan for keeping the exotic animal which shall include the species of animal, the number of individuals of each species and a description of the housing facilities, for the exotic animal.
(Ord. 97-73 § 6.2, 1973)
Fees for keeping of exotic animals shall be established by resolution of the City Council. The initial fee for the issuance of each permit shall be valid for a period of one year from the date of issuance unless revoked or suspended. The fee may cover either one exotic animal or a collection, and the maximum number of specimens permitted to be kept shall be specified in the permit. Whenever a new exotic animal or collection is added so as to exceed the maximum number permitted, a new permit must be secured and a new fee must be paid subject to the exceptions in the next paragraph. The fee shall be due and payable at the time of issuance of the permit and shall be a prerequisite of such issuance.
(Ord. 97-73 § 6.2, 1973)
Whenever, in any given permit year, there are new exotic animals in a collection due to the reproduction of members of the collection or due to trade, exchange or replacement in the same number and of the same zoological order as the members of the collection traded, exchanged or replaced, the new exotic animals do not require an additional permit during that year, provided the City Manager is notified in writing of the new exotic animals within thirty days of acquisition.
(Ord. 97-73 § 6.2, 1973)
Each succeeding year a renewal permit shall be obtained by a holder of a permit to keep exotic animals. The fee for the issuance of a renewal permit shall be the same as that fee currently chargeable for an initial permit, and it is due and payable each year on the anniversary of the date of the issuance of the initial permit. If during the preceding year or years, more than one initial permit has been issued an applicant, the former permits may be consolidated so that only one renewal permit is required; provided, however, that the renewal date for the consolidated permit shall be the date of the issuance of the earliest initial permit.
(Ord. 97-73 § 6.3, 1973)
A renewal fee for an exotic animal permit shall become delinquent ninety days after it becomes due and payable and upon delinquency, an additional delinquent fee established by resolution of the City Council shall be added to the regular fee. An unpaid delinquent fee shall be added to a succeeding year's renewal fee.
(Ord. 97-73 § 6.3, 1973)
Upon receipt of an application for an initial permit by the City Manager, he/she shall make any investigation he/she deems proper. He/she shall approve an application if he/she makes all of the findings specified below. Alternatively, the application may initially be forwarded to the Building Inspection Division, (Fire Department) of the City and the Public Health Department of the County (acting on behalf of the Health Officer of the City) if the City Manager, in his or her discretion, concludes that the assistance of such agencies is necessary in order for him/her to approve the application. Designated employees of these agencies shall ascertain whether or not the applicant's plan is in conformity with the law administered by these agencies.
(Ord. 97-73 § 6.4, 1973; amended during 1990 republication)
If the applicant's plan is in conformity with the law administered by said agencies their approval shall be indicated on the face of the application. If the applicant's plan is not in conformity with the law administered by said agencies, the face of the application shall be marked "Not Approved" and the reason for nonapproval noted thereon, along with any revisions or changes in the applicant's plan which if made would result in approval by the agency in question.
(Ord. 97-73 § 6.4, 1973)
Upon approval by said agencies of the application for an initial permit or upon the receipt of an application for a renewal permit, the City Manager shall make any investigation he/she deems proper. He/she shall approve an application if he/she finds all of the following:
A. 
The keeping of the exotic animal at the location specified in the application will not violate any ordinance or other regulation of this City or any law of the State;
B. 
The keeping and maintenance of the exotic animal will not endanger the peace, health, or safety of persons in the immediate vicinity, or in the City as a whole;
C. 
The premises and housing where the exotic animal is to be kept are in clean and sanitary condition, and any exotic animal will not be subject to suffering, cruelty or abuse;
D. 
The applicant has not had a permit, issued pursuant to this chapter, revoked within a year prior to the date of application;
E. 
The keeping and maintenance of the exotic animal does not constitute a public nuisance.
(Ord. 97-73 § 6.4, 1973)
Any permit issued pursuant to this chapter may be revoked if, after investigation and a duly noticed hearing, the City Manager finds any of the following to be true:
A. 
The permittee, his or her agent or employee has been convicted of any offense involving the violation of Sections 596 to 599, inclusive, of the Penal Code or is in violation of the zoning, health, and safety or building ordinances relating to the keeping of exotic animals; or
B. 
The permittee has failed to keep and maintain the premises or housing for the exotic animals in a clean and sanitary condition; or
C. 
The permittee has at the place for which the permit is issued, failed to provide any exotic animal with proper food, water, shelter, or attention; or
D. 
The permittee has violated any rules, regulations or conditions adopted by the City Manager as necessary to insure the exotic animal will not endanger the safety of any person or property; or
E. 
The permittee has changed the location of his or her residence or his or her place of business or sells, assigns, transfers, donates, leases or otherwise disposes of the exotic animal for which the permit was issued.
(Ord. 97-73 § 6.5, 1973)
If, after investigation, the City Manager concludes that it is probable that one or more of the above grounds for revocation has occurred he/she shall cause written notice thereof to be transmitted by registered mail to the address of the permittee. The notice shall specify the grounds of possible revocation of the permit and shall specify a date and time for an informal hearing to be held before the City Manager thereon. The date shall not be less than five days subsequent to the date of deposit of the notice in the mail.
(Ord. 97-73 § 6.5, 1973)
In the event that it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, the City Manager may suspend any permit summarily, without a hearing for a period not to exceed thirty days.
(Ord. 97-73 § 6.5, 1973)
A. 
Permits issued pursuant to the provisions of this chapter shall be surrendered for inspection by the permittee upon the request of the City Manager.
B. 
The premises on which an exotic animal is maintained shall be open at any reasonable hour for inspection by the City Manager.
(Ord. 97-73 § 6.6, 1973)
The City Manager shall have the authority to enter the premises, at any reasonable hour, and to take up, impound, and safely keep any exotic animal upon revocation or suspension of a permit pursuant to Sections 8.20.110 through 8.20.140. The permittee shall surrender possession upon demand of the City Manager.
Procedures for the reclamation, redemption and destruction of impounded exotic animals shall be accomplished pursuant to Chapter 8.16.
(Ord. 97-73 § 6.7, 1973)
The City Manager, may formulate rules and regulations in conformity with, and for the purpose of carrying out the intent of this chapter. Compliance with such rules and regulations shall be a prerequisite to the issuance and continued validity of any permit provided for in this chapter.
(Ord. 97-73 § 6.8, 1973)
The provisions of this chapter are not applicable to the following:
A. 
Owners who use animals for diagnostic purposes or research, and who have a valid permit issued by a governmental agency and whose animals are kept on the premises specified in the permit;
B. 
Owners who use animals for teaching purposes in recognized educational institutions and whose animals are kept on the premises of the institution or other authorized place;
C. 
Owners of establishments which treat or board animals on the premises and which are owned or operated by veterinarians licensed by the State of California;
D. 
Owners who are engaged in agriculture as a permitted use pursuant to the zoning ordinance, and in connection therewith on the premises affected keep animals as beasts of burden (such as horses, donkeys, mules or burros), or raise animals as farm animals in dairying and animal and poultry husbandry;
E. 
Owners of horse riding academies and public horse stables and premises on which they are operated as a permitted use pursuant to the zoning ordinance (Title 18);
F. 
Owners of horses and other animals and the premises on which they are permitted to be kept for recreational purposes accessory to residential use of property and not made subject to the provisions of this chapter, pursuant to the provisions of the zoning ordinance (Title 18);
G. 
Owners of establishments licensed to keep animals for the purpose of resale whose animals are kept on the premises of such establishment or other authorized place.
(Ord. 97-73 § 6.9, 1973)
Any person aggrieved by any decision or action resulting from the application of this chapter may appeal to the City Council. The filing of an appeal shall stay the decision or action appealed from; provided, that the filing of an appeal shall not stay any order of suspension.
(Ord. 97-73 § 6.10, 1973)