It is the purpose and intent of the Encinitas City Council to
protect the public against hazards that wild and exotic animals used
in entertainment pose to society and to protect wild and exotic animals
from cruel and inhumane treatment.
For the purposes of this chapter only, the following words and
terms shall be deemed to mean and be construed as follows:
"Companion animal"
means any animal that is commonly kept by persons as a pet
or for companionship and includes, but is not limited to: domesticated
dogs; domesticated cats; ferrets; gerbils; guinea pigs; hamsters;
horses; mice; rabbits; and rats.
"Display"
means to undertake any exhibition, act, circus, ride, trade
show, carnival, parade, race, photographic opportunity, performance
or similar undertaking in which animals are required to perform tricks,
fight, or participate as accompaniments in performances for the entertainment,
amusement or benefit of an audience. "Display" shall not include the
use or exhibition of animals for animal-related educational purposes
by non-profit groups or institutions or individuals.
"Domestic animal"
means any animal that is livestock, a companion animal, or
both. Livestock includes, but is not limited to: poultry; cattle;
swine; sheep; goats; and horses.
"Educational activities"
means teaching and instructing with the intent and effect
of imparting valuable knowledge to others through oral presentations
and written materials.
"Exhibition"
means a public showing, presentation, display, exposition,
fair or similar activity.
"Person"
means any individual, establishment, firm, association, organization,
partnership, trust, corporation or company.
"Wild and exotic animal"
means a nondomestic animal and includes any or all of the
following orders and families, or similar orders and families whether
bred in the wild or in captivity, and any hybrid with domestic animals.
The animals listed in parentheses are intended as examples and are
not to be construed as an exhaustive list or limit the generality
of each group of animals listed, unless otherwise specified:
1.
Non-human primates and prosimians (chimpanzees, monkeys);
2.
Felidae (except domesticated cats);
3.
Canidae (except domesticated dogs);
6.
Cotacea (whales, dolphins, porpoises);
7.
Crocodilia (alligators, crocodiles);
8.
Marsupialia (kangaroos, opossums);
9.
Reptilia over eight feet in length and snakes and reptiles of
venomous variety;
10.
Perissodactyla (rhinoceroses, tapirs, but not horses or donkeys
or mules);
11.
Artiodactyla (hippopotamuses, giraffes, camels, but not cattle,
swine, sheep or goats);
13.
Mustelidae (skunks, weasels, otters, badgers);
14.
Procyonidae (raccoons, coatis);
15.
Edentata (anteaters, sloths, armadillos);
16.
Viverridae (mongooses, civets, and genets);
17.
Pimipedia (seals, sea lions, walruses);
18.
Struthioniformes (ostriches);
It shall be unlawful for any person to display or sponsor a
display of any wild and exotic animal for public entertainment, amusement
or benefit on any public or private property within the City of Encinitas.
City officials shall have the power and authority to enforce
the provisions of this chapter and seek all available remedies including
recourse in civil court.
Any person who displays or sponsors a display of any wild and
exotic animal for public entertainment, amusement or benefit shall
be guilty of a misdemeanor.
The following are exempt from the provisions of this chapter:
A. Educational
activities endorsed or accredited by the American Zoo and Aquarium
Association.
B. Veterinarians
in the ordinary course of a veterinarian's practice of business.
C. Educational
activities endorsed or accredited by the Association of Sanctuaries
and the American Sanctuary Association.