A. No person owning or having charge, custody, control or possession of any animal, reptile or serpent described in Section
6.36.060 of this title shall allow such animal, reptile or serpent within the enclosed premises of such person unless and until he or she has first secured a permit to do so and complies with all terms and conditions of such permit and, in addition thereto, such animal, reptile or serpent shall at all times be so confined, controlled and restrained in such manner so the life, limb or property of any person lawfully entering such premises shall not be endangered.
B. Except as hereinafter provided in this chapter, no person shall have, keep, maintain or have in his or her possession or under his or her control within the city any animal or reptile described in Section
6.36.060 without first applying to and receiving a permit from the director to do so.
(Prior code §§ 4171, 4172)
The permit requirements of this chapter shall not apply to any person so keeping or maintaining or having in his or her possession or control any animal or reptile defined in Section
6.36.060 when such person is transporting such animal or reptile through the city, has taken adequate safeguards to protect the public and has notified the local law enforcement agency of the proposed route of transportation and the time thereof.
(Prior code § 4183)
The provisions of this chapter shall not apply to animals which
are kept confined in any public zoo, museum, circus, carnival, exhibition
or show.
(Prior code § 4184)
An application for any permit required pursuant to this chapter
shall be made to the director in writing and upon a form furnished
by the director, if so required. Such application shall be verified
by the person who desires to have, keep, maintain or have in his or
her possession or under his or her control, in the city, the animal
or reptile for which a permit is required, and shall set forth the
following:
A. Name,
address and telephone number of the applicant;
B. The
applicant's interest in such animal or reptile;
C. The
proposed location, and the name, address and telephone number of the
owner of such location, and of the lessee, if any;
D. The
number and general description of all animals or reptiles for which
the permit is sought;
E. Any
information known to the applicant concerning vicious or dangerous
propensities of all such animals or reptiles;
F. The
housing arrangements for all such animals or reptiles, with particular
details as to safety of structure, locks, fencing, etc.;
G. Safety
precautions proposed to be taken;
H. Noises
or odors anticipated in the keeping of such animals or reptiles;
I. Prior
history of incidents involving the public health or safety involving
any of such animals or reptiles;
J. Any
additional information required by the director at the time of filing
such application or thereafter.
(Prior code § 4173)
The fee for a permit application for wild or dangerous animals
shall be established by resolution of the city council. Such fee shall
be payable to the director at the time of filing the permit application.
Accretions by natural birth shall not require additional permits during
the period of a valid permit. Such fees are not refundable regardless
of whether or not any permit is issued.
(Prior code § 4174; Ord. 843 § 6, 1993)
Copies of any application for permit under this chapter shall
be sent by the director to the law enforcement agency, planning department,
and to any other department or agency from which information is sought,
and no permit shall be granted without receipt of a report from the
departments or agencies to which copies of the application have been
sent, unless waived by the city manager/administrator for good cause.
(Prior code § 4175)
No permit shall be granted except with the conditions attached
as shall, in the opinion of the person or agency approving such permit,
reasonably ensure the public health, safety and general welfare, and
no permit shall be granted in any event for any animal, reptile or
serpent at any particular location except upon an explicit finding
by the person or agency approving such permit that the issuance thereof
will not be contrary to the public health, safety and general welfare.
(Prior code § 4177)
A. Any
person dissatisfied with the ruling of the director may, within ten
days thereafter, appeal from such decision to the city council; such
appeal shall be a simple statement in writing setting forth in common
terms the basis of the appeal.
B. An appeal
fee, as established by the director, shall be required for each appeal
to the city council. No appeal shall be placed on the agenda of any
meeting of the city council until such fee has been paid.
(Prior code § 4176)
The director may, following application for a permit and pending
final disposition of the same, grant a temporary permit for the maintenance
within the city of any such animal or reptile upon such conditions
as he or she shall in his or her sole discretion require when, in
his or her opinion, there is no reasonable doubt as to the consistency
thereof with the public health, safety and general welfare, but no
animal or reptile shall be otherwise kept or maintained within the
city or permitted to occupy any premises within the city, except while
such a regular or temporary permit is in full force and effect.
(Prior code § 4178)
The director shall take possession of any animal or reptile described under Section
6.36.060 of this title for which a permit has not been issued, or, if previously issued, has been revoked, and keep the same until the proper permit has been secured by the owner thereof, and shall release the same to the owner when all fees and costs have been paid and all laws and permit conditions complied with.
(Prior code § 4179)
No permit required by this chapter shall be granted for a period
in excess of one year. An application for renewal of any permit shall
be made not less than forty-five days prior to the expiration thereof,
and shall be accompanied by the same fee as required upon making the
original application, or the payment of a lesser fee when, in the
opinion of the director, the public health, safety and general welfare
do not require further investigation prior to such renewal.
(Prior code § 4180)
The director may, for good cause, revoke any permit or modify
any terms or provisions thereof, except permits which have been approved
by the planning commission or city council, after informal public
hearing, and may, in the event it is reasonably necessary to protect
against an immediate threat or danger to the public health or safety,
suspend any permit or portion thereof without hearing for a period
not to exceed thirty days.
(Prior code § 4181)
Any person aggrieved by such action may, upon payment of an
appeal fee, have such action reviewed by the city council, but the
filing of an appeal shall not stay any order of suspension.
(Prior code § 4182)