Section 5-29 Reserved.
Prior to the adoption of Ord. 21015 on 07/05/2011, Section 5-29 read as follows.
(a) No person shall keep, harbor, own or knowingly
allow to be in or upon
the persons
premises any dangerous exotic animal including any lion, tiger, leopard, ocelot, jaguar, cheetah,
margay, mountain lion, Canada lynx, bobcat, jaguarundi, bear, hyena, wolf, coyote, any deadly,
dangerous or
venomous
reptile or any other exotic animal declared by the
director of public
health to be dangerous. Provided, that the provisions of this section shall not apply to a properly
maintained
and licensed
zoological park, circus, scientific or educational institution, research
laboratory or veterinary hospital.
(b)
Any animal that is determined by an animal control officer to be a dangerous exotic
animal shall be immediately impounded. Except for exigent circumstances, if the owner of the
dangerous exotic animal does not consent to removal of the animal or if the owner of the
property on which the animal is located does not consent to entry onto the property, the animal
control officer shall enter the property and remove the animal only pursuant to a warrant issued
by a judge. The dangerous exotic animal shall remain impounded until:
(1) The director of public health determines that the animal is not an
exotic dangerous
animal; or
(2) The owner satisfies an animal control officer that the animal will
be kept in a lawful
manner; or
(3) The owner relinquishes ownership of the animal and the animal is
either humanely
destroyed or placed with a person who shall keep the animal in a lawful manner; or
(4) A person charged with a violation of this section has been found
not guilty and the judge
orders the animal released; or
(5) A court determines that the animal is not a dangerous exotic animal.
(c) The owner of the dangerous exotic animal shall pay the boarding fee
and impoundment
fee provided for in Sec. 5-5 plus any additional cost incurred by the city in feeding and caring for
the animal. The owner shall be billed periodically by the city for such fees and expenses. If
the
owner fails to pay such a bill within ten (10) days after it was mailed, ownership of the animal
shall be deemed relinquished and, after the procedures of this section have been followed, the
animal may either be humanely destroyed or placed with a person who shall keep the animal in a
lawful manner. Bills for fees and costs under this section shall notify the animal owner that
if
the bill is not paid within ten (10) days, the animal will be destroyed or placed with some person
who shall keep the animal in a lawful manner. The bill shall also state that the animal owner
may meet with the director of public health or the directors designee to dispute whether the
animal is a dangerous exotic animal or the amount of the bill before the animal is destroyed or
placed with another person. If the animal owner wishes to meet, the owner must request a
meeting in writing. The request must be delivered to the director of public health at the address
given for this purpose on the bill. The request must be delivered before the deadline for
disposition of the animal indicated on the bill.
(Ord. No. 11910, § 1, 6-6-88; Ord. No. 18576, § 1, 7-5-05)