§ 5-11. Nondomestic animals.

(a)

License required. It shall be unlawful for any person to bring into, send into, receive into, buy, sell or possess in the city a nondomestic animal without first applying for and obtaining a license from the city. No license shall be required for the uninterrupted transportation of nondomestic animals through the city.

(b)

Notice of sale or gift. It shall be the duty of any resident of the city who sells, gives away or receives a nondomestic animal to notify the city of the sale or gift to the new owner, the address of the new owner and the date of the sale or gift.

(c)

Requirements for license.

(1)

The application for a license shall contain the following:

a.

Name and address of the applicant.

b.

If a corporation, the state under which incorporated, the date of incorporation, the address of the principal office, and the names and addresses of its officers.

c.

If any other type of organization, the name thereof, the location of its office, and the names and addresses of the principal officers, directors, trustees, or managing officials or partners.

d.

The place of origin of the animals or classes of animals.

e.

A description of the animals, including species.

f.

The address of the premises where the animals will be kept.

g.

A description of the method, materials and square footage of facilities for confinement of the animals.

h.

The application shall be in writing verified by the affidavit of the applicant.

i.

Proof of applicant's ability to respond in damages for bodily injury to or death of any persons or for damage to property owned by any other person which may result from the ownership, keeping or maintenance of such animal. Proof of ability to respond in damages may be given by filing with the city a certificate of insurance from an insurance company authorized to do business in the state stating that the applicant is, at the time of application, insured by a policy of $100,000.00 combined single-limit liability for bodily injury and property damage or by posting with the city a surety bond conditioned upon payment of such damages. Such certificate of insurance shall provide that no cancellation of the insurance or bond will be made unless ten days' written notice is first given to the city.

(2)

Only one license shall be required for each location at which nondomestic animals are to be kept. Additional animals or classes of animals may be authorized by amended license, which shall be applied for and issued in the same manner as an original license.

(d)

Investigation by chief of police.

(1)

Each application for license or amendment shall be filed with the city clerk, who shall notify the chief of police. The chief of police or his designee shall inspect all locations for the keeping of any nondomestic animal for cleanliness and safe possession of the animal.

(2)

Prior to the granting of a license or amendment, the applicant shall be required to present to the city, for inspection, a state wildlife breeder permit, wildlife collector's permit, wildlife rehabilitation permit, or a wildlife hobby permit, if the keeping of such animal in this state requires any such permit.

(3)

Such license or amendment shall be issued by the city clerk after satisfactory evidence by the applicant and personal inspection by the chief of police that the applicant will confine any nondomestic animal in facilities that meet the 1975 cage size standards of the American Association of Zoological Parks and Aquariums and as specified in the Federal Animal Welfare Act of 1970. No license or amendment shall be issued when any outdoor enclosure designed for confinement of a nondomestic animal which is required to be a minimum of 80 square feet by the 1975 cage size standards of the American Association of Zoological Parks and Aquariums is located closer than 100 feet from any property line. If the total square footage of two or more enclosures total 80 square feet or more, all of such enclosures shall be located 100 feet from any property line. All other enclosures must conform to setback requirements as provided by city ordinance.

(4)

Such license or amendment will not be issued by the city when the city finds one or more of the following:

a.

Intentional misstatements or misleading statements of fact in the application.

b.

An applicant who has previously had his nondomestic license revoked.

c.

When, in the city's opinion, the animal cannot or will not be kept or maintained without menacing the safety of any person or property.

(5)

Each applicant shall be notified by mail or by hand delivery of the issuance or nonissuance of a license or amendment by the city.

(6)

If the city does not issue a license or amendment, the reasons for its not doing so shall be in writing and shall accompany the notice of nonissuance.

(7)

An applicant may request a hearing before the city administrator by written request within ten days after receipt of notice of nonissuance of a license or amendment. The city administrator shall render a decision, including findings of fact based on the evidence presented at such hearing; and such decision shall constitute a final administrative decision.

(e)

Exemptions. The provisions of this chapter shall not apply to the keeping or sale of nondomestic animals in the following cases:

(1)

The keeping of such animals in zoos, bona fide education or medical institutions, museums or any other place where they are kept as live specimens for the public view, or for the purpose of instruction or study.

(2)

The keeping of such animals for exhibition to the public of such animals by a circus, carnival or other exhibit or show.

(3)

The keeping and offering for sale of such animals by a bona fide commercial pet shop establishment.

(f)

License revocation procedures.

(1)

The city administrator may revoke a license issued under this section if he finds a violation of any section of this chapter.

(2)

The city administrator will revoke a license issued under this section when he finds one or more of the following:

a.

Intentional misstatements or misleading statements of fact in the application not discovered until after the issuance of the license;

b.

Any nondomestic animal which has been found off the premises licensed for confinement of the animal without written permission of the city administrator unless the licensee demonstrates that the animal's enclosure was adequately secured by a padlock or other securing device approved by the city and that such event was not the result of the licensee's fault or negligence;

c.

An animal which cannot or will not be kept and maintained without endangering the safety of any person or property.

(3)

If the city administrator revokes the license, the licensee shall be entitled to a hearing before the board of aldermen by requesting same within ten days of receipt of notice of revocation. The decision of the board of aldermen after hearing the reasons therefor shall be sent by certified mail or hand delivered to the licensee and shall constitute a final administrative decision.

(g)

Transfer of license. The license shall not be transferable with respect to persons and/or locations.

(h)

Nondomestic animals at large prohibited.

(1)

It shall be unlawful for any nondomestic animal to be off the premises licensed for confinement of the animal or off the premises where it is kept and maintained without written permission of the chief of police. It shall be the duty of the licensee or the person who keeps and/or maintains the animal to care for the animal at all times and maintain confinement as provided in the 1975 cage size standards of the American Association of Zoological Parks and Aquariums and as specified in the Federal Animal Welfare Act of 1970, except the penalties as provided in this chapter or both euthanasia and such penalties.

(2)

It shall be the duty of any licensee or keeper of a nondomestic animal to promptly report to the chief of police when the animal is found to be missing.

(3)

Any person who willfully, negligently or in violation of the provisions of this chapter keeps and/or maintains a nondomestic animal shall be liable for any expenses incurred in searching for, containing, returning or disposing of the animal when it is off the premises of the licensee and/or keeper.

(i)

Action by prosecuting attorney. In addition to other penalties, the prosecuting attorney shall take such actions at law or in equity as may be appropriate to enforce this chapter.

(Code 1973, § 5-13)