1950 - Ordinance - Adding New Chapter 7.10 Exotic AnimalsORDINANCE NO. 1950
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
REGULATING THE POSSESSION OR MAINTENANCE OF EXOTIC
ANIMALS AND ADDING A NEW CHAPTER 7.10 ENTITLED "EXOTIC
ANIMALS"
WHEREAS, the city council desires to limit and set conditions on the possession or
maintenance of exotic animals in order to preserve the public peace and safety and to assure the
humane treatment of exotic animals now, therefore,
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
SECTION 1. The Port Orchard Municipal Code shall be and is hereby, amended by
the creation and enactment of a new chapter 7.10 entitled "Exotic Animals," to read as follows:
Chapter 7.10
EXOTIC ANIMALS
Section:
7.10.010 Chapter intent.
7.10.020 Definition.
7.10.030 Possession unlawful — Exception — Rules and regulations
compliance
7.10.040 License — Issuance generally — Fees.
7.10.050 License — Application — Content.
7.10.060 License — Issuance — Premises inspection.
7.10.070 Periodic inspection of premises.
7.10.080 License revocation — Notice — Hearing.
7.10.090 Violation — Penalty.
7.10.100 Euthanasia in exigent circumstances.
7.10.110 Chapter limitations.
7.10.120 Severability.
7.10.010 Chapter intent.
It is the intent of this chapter to limit and set conditions on the possession or
maintenance of exotic animals in order to preserve the public peace and safety and to assure
the humane treatment of exotic animals.
7.10.020 Definition.
"Exotic animal" means any of the following:
Ordinance No.1950
Page 2 of 5
(1) Venomous species of snakes capable of inflicting serious physical
harm or death to human beings;
(2) Nonhuman primates and prosimians;
(3) Bears;
(4) Nondomesticated species of felines;
(5) Nondomesticated species of canines and their hybrids, including wolf
and coyote hybrids;
(6) The order crocodilia, including alligators, crocodiles, caiman, and
gavials.
7.10.030 Possession unlawful— Exception— Rules and regulations
compliance.
The possession or maintenance of an exotic animal within the City of Port
Orchard by private citizens as pets is prohibited unless
(1) The owner possessed or maintained the exotic animal on or before
the effective date of the ordinance codified in this chapter, and
(2) The owner agrees to promptly act to satisfy the licensing
requirements contained in this chapter and such rules and
regulations as the animal control authority may adopt regarding the
maintenance of such animals.
7.10.040 License— Issuance generally— Fees.
The animal control authority may cause to be issued an exotic animal owner's
license that shall authorize the licensee to possess or maintain all or some of such species of
exotic animals as specified according to POMC 7.10.020; provided the application is
accompanied by payment of the annual license fee, contains the information required by
POMC 7.10.050; and meets the cage or confinement rules and regulations of the animal
control authority. The annual fee for such license shall be $75.00. All licenses shall expire
one year from the date of the original application.
7.10.050 Annual License — Application — Content.
Each year, a verified application for such license shall be filed by the applicant
with the animal control authority which application shall contain the following: A legal or
otherwise adequately precise description of the premises which applicant desires to use
under the required license; whether the applicant owns or rents the premises to be used; if
the applicant rents the premises, a written acknowledgment by the property owner that the
applicant has the owner's permission to carry on the activity as described in the license
application for the duration of the license; the extent of improvement upon such premises; a
map or diagram of such premises showing where the improvements are located thereon; a
statement indicating the species of exotic animal which the applicant desires to possess or
maintain; a statement indicating how the animal will be caged or otherwise confined,
accompanied with a drawing detailing the dimensions of and the materials used for the cage
or similar confinement; and such further information as may be required by rules and
regulations of the animal control authority.
Ordinance No.1950
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7.10.060 Annual License — Issuance — Premises inspection.
If, after investigation by the animal control authority, it appears that the
applicant is the owner or tenant of or has a possessory interest in the properly shown in the
application; if applicable, has the written permission of the property owner as specified in
POMC 7.10,050; and that the applicant intends in good faith to possess or maintain an exotic
animal in accordance with the law and the rules and regulations of the animal control
authority; the animal control authority shall issue a license to the applicant describing
therein the premises to be used by the licensee and certifying that the licensee is lawfully
entitled to use the same for the possession or maintenance of the exotic animals(s) specified
in such license for a one year period; provided, that prior to issuing the license the animal
control authority shall inspect the cage or other confinement as required by rule or
regulation and specified in the licensee's application in order to determine whether the cage
or confinement meets the standard specifications for the classification of the exotic animal.
If the cage or confinement is deemed inadequate, the applicant shall make such changes as
necessary to meet the standard specifications before the license shall issue.
7.10.070 Periodic inspection of premises.
The director of the animal control authority, or any other officer authorized by
him, may make routine periodic inspections of a licensee's premises and records in order to
determine the number, kind, weight and condition of exotic animals possessed by the
licensee, and for purposes of enforcing the provisions of this chapter and the rules and
regulations of the animal control authority.
7.10.080 License revocation— Notice— Hearing.
The animal control authority may revoke, suspend or refuse to renew any
exotic animal owner's license upon good cause for failure to comply with any provision of
this chapter or the rules and regulations of the animal control authority; provided, that
violator shall be first notified of the specific violation or violations, and, if the violation can be
remedied, the violator shall have 15 days after receiving the notice of violation to correct the
violation; provided further, that enforcement of such revocation, suspension or refusal shall
be stayed during the pendency of an app®l.
7.10.090 Violation— Penalty.
Any person possessing or maintaining an exotic animal in the City of Port
Orchard without an exotic animal owner's license as provided herein, or transferring
possession of an exotic animal to a person not licensed as provided by this chapter, is guilty
of a misdemeanor and is subject to a fine not to exceed $250.00 and/or by imprisonment
not to exceed 90 days.
7.10.100 Euthanasia in exigent circumstances.
An exotic animal possessed or maintained in violation of this chapter or the
rules and regulations of the animal control authority may be subject to euthanasia if any one
of the following exigent circumstances is deemed to exist by the director of the animal
control authority:
(1) The exotic animal presents an imminent likelihood of serious physical
Ordinance No.1950
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harm to the public and there is no other reasonably available means
of abatement; or
(2) There is no reasonable basis to believe that the violation can be or in
good faith will be corrected and after reasonable search or inquiry by
the animal control authority no facility as authorized by local, state or
federal law is available to house the exotic animal; or
(3) The exotic animal suffers from a communicable disease injurious to
other animals or human beings; provided, that this section shall not
apply if the animal is under treatment by a licensed veterinarian and
may reasonably be expected to recover without infecting other
animals or human beings.
7.10.110 Chapter limitations.
(1) The purpose of this chapter is to limit and condition the private
ownership of exotic animals as pets. Therefore, the provisions of this
chapter shall not apply to any facility possessing or maintaining
exotic animals as defined in this chapter which is owned, operated or
maintained by any city, county, state or the federal government,
including but not limited to public zoos, nor shall it apply to
museums, laboratories and research facilities maintained by scientific
or educational institutions, nor to private or commercial activities
such as circuses, fairs, or private zoological parks which are
otherwise regulated by law, nor to any recognized program engaged
in the training of exotic animals as defined in this chapter for use as
service animals by disabled citizens.
(2) Breeding, or allowing the reproduction of, exotic animals as defined
in this chapter is prohibited; provided, that this prohibition shall not
apply to any governmental facility possessing or maintaining exotic
animals nor shall it apply to private or commercial activities as set
forth in subsection A of this section.
7.10.120 Severability.
If any clause, sentence, paragraph, or part of this chapter, or the application thereof
to any person or circumstance shall for any reason be adjudged by a court of competent
jurisdiction to be invalid, such judgment shall not affect, impair or invalidate the remainder
of this chapter.
SECTION 2. This ordinance shall be in full force and effect five (5) days after
posting and publication as required by law. A summary of this Ordinance may be published in lieu
of the entire ordinance, as authorized by State Law.
Ordinance No.1950
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PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 1#" day of September 2004.
Elf
APPROVED AS TO F R
City ArLorney
KIM E. ABEL, MAYOR
Sponsored by:
Rick Wyatt, Councilmember
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular
Council meeting held September 13, 2004.
ORDINANCE NO. 1950
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
REGULAING THE POSSESSION OR MAINTENANCE OF EXOTIC
ANIMALS AND ADDING A NEW CHAPTER 7.10 ENTITED "EXOTIC
ANIMALS."
Copies of Ordinance No. 1950 are available for review at the office of the City Clerk of the City of Port
Orchard. Upon written request a statement of the full text of the Ordinance will be mailed to any
interested person without charge. Thirty days after publication, copies of Ordinance No. 1950 will be
provided at a nominal charge.
City of Port Orchard
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
September 18, 2004
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