(a) It shall be unlawful for any person, firm or corporation to keep, maintain or have in his or her possession or under his or her control within the city any poisonous reptile or any other dangerous wild animal or reptile, any vicious or dangerous animal or any other animal or reptile of wild, vicious or dangerous propensities.
(b) It shall be unlawful for any person to keep, maintain or have in his or her possession or under his or her control within the city any of the following animals:
(1) All poisonous animals including rear-fang snakes.
(2) Alpacas.
(3) Apes: Chimpanzees; gibbons; gorillas, orangutans; and siamangs.
(4) Baboons.
(5) Badgers.
(6) Bears.
(7) Bison.
(8) Bobcats.
(9) Cheetahs.
(10) Crocodilians, 30 inches in length or more.
(11) Constrictor snakes, six feet in length or more.
(12) Coyotes.
(13) Deer; includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose.
(14) Elephants.
(15) Emus.
(16) Game cocks and other fighting birds.
(17) Hippopotami.
(18) Hyenas.
(19) Jaguars.
(20) Kangaroos
(21) Lemurs
(22) Leopards.
(23) Lions.
(24) Llamas.
(25) Lynxes.
(26) Monkeys.
(27) Ostriches.
(29) Pumas; also known as cougars, mountain lions and panthers.
(29) Raccoons.
(30) Rhinoceroses.
(31) Skunks.
(32) Tigers.
(33) Wallabies
(34) Wolves.
(35) Zebras
(c) The prohibitions of this section shall not apply to bona fide pet shops, zoos, circuses, carnivals, educational institutions, or medical institutions, if:
(1) Their location conforms to the provisions of the zoning ordinance of the city.
(2) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.
(3) Animals are maintained in quarters so constructed as to prevent their escape.
(d) The municipal judge shall have the authority to order any animal deemed vicious confined, destroyed or removed from the city.
(e) Special Animal Use Permit for Annexed Properties.
(1) Animals lawfully maintained on property immediately prior to annexation into the City, including animals otherwise prohibited under this section, may continue to be kept on such property only pursuant to a valid Special Animal Use Permit issued by the City and subject to the requirements of this subsection. A Special Animal Use Permit shall be valid for a period of one (1) year from the date of issuance and may be renewed annually upon application by the permit holder. Renewal may be denied upon a finding by the Governing Body that the permit holder has materially failed to comply with this subsection, permit conditions, or the provisions of this Chapter applicable to the keeping, confinement, sanitation, or control of Covered Animals. The Governing Body shall make written findings supporting any denial of renewal.
(2) Animals lawfully located on the property at the time of annexation shall be deemed temporarily permitted for a period of twelve (12) months following annexation. During such period, the property owner shall apply for a Special Animal Use Permit. If a complete application is timely submitted, the temporary authorization shall remain in effect until the application has been finally acted upon by the City, including the expiration of any applicable appeal period.
(3) Within ninety (90) days following annexation, the property owner shall provide a complete inventory of all lawfully maintained Covered Animals, including the species, number, approximate age, and identifying characteristics of each animal. The inventory shall establish the maximum number and type of Covered Animals authorized under the Special Animal Use Permit.
(4) The permitted use shall not be expanded or intensified. For purposes of this subsection, "expanded or intensified" means increasing the approved inventory of Covered Animals, introducing additional prohibited species, or materially increasing the operational impacts of the permitted use. Routine veterinary care, temporary off-site treatment, temporary relocation due to emergency, and other ordinary animal husbandry practices shall not constitute expansion or intensification. Unless otherwise expressly authorized by the Governing Body, the following are prohibited:
(A) Bringing additional animals prohibited under subsection (a) or (b) of this section onto the property;
(B) Increasing the number of Covered Animals beyond the approved inventory;
(C) Introducing additional prohibited species; or
(D) Replacing Covered Animals that have been removed, sold, transferred, or deceased.
(5) Any offspring of Covered Animals born after annexation shall not increase the approved inventory and shall be removed from the property within twelve (12) months after birth unless otherwise approved by the Governing Body.
(6) The property owner shall ensure that all Covered Animals remain securely confined at all times and are not permitted to run at large. Covered Animals maintained pursuant to this subsection shall remain subject to all other applicable provisions of this Chapter and the Code, including, but not limited to, nuisance, sanitation, confinement, impoundment, and running-at-large requirements.
(7) Any violation of this subsection or any condition of the Special Animal Use Permit shall constitute a violation of the City Code and may be investigated, enforced, and prosecuted in the same manner as any other ordinance violation.
(8) In addition to any other remedy available under the Code, the Governing Body may suspend or revoke a Special Animal Use Permit upon a finding that the permit holder has materially violated this subsection, materially violated permit conditions, or materially failed to comply with the provisions of this Chapter applicable to the keeping, confinement, sanitation, or control of Covered Animals. Prior to suspension or revocation, the permit holder shall receive written notice of the alleged violation and at least ten (10) days' notice of an opportunity to be heard before the Governing Body. The Governing Body shall make written findings supporting any suspension or revocation. If the permit holder timely seeks judicial review of a suspension or revocation, the requirement to remove Covered Animals shall be stayed until entry of a final order by a court of competent jurisdiction, unless the Governing Body finds that the continued presence of the Covered Animals presents an immediate threat to public health or safety requiring immediate action.
Nothing in this subsection shall limit the authority of law enforcement officers, animal control officers, or the City to take immediate action otherwise authorized by this Code or applicable law to protect the public health, safety, or welfare.
(9) Upon suspension or revocation of the Special Animal Use Permit, the permit holder shall remove all Covered Animals from the property within the time established by the Governing Body. Failure to timely remove the Covered Animals shall constitute a separate violation of this Code and may result in prosecution or any other remedy available under law or this Code.
(Code 2013; Ord. 1948; Ord. 1950)