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HomeMy WebLinkAbout1695~1~ Orr` Vince No . 1595 r ~~~' AN ORDINANCE ADDING ARTxCLE V OF CHAPTER ~ TO THE BUTTE COUNTY .CODE {Wild Animals) 1 2 3 4 5 6 7 8 91 10 I1 I2 13 14 I5 16 I7 ].8 I9 20 2I 22 23 24 25 28 The Butte County Board of Supervisors DO ORDAIN as follows: That A~t:icle V of Chap=ter" 4 of the Butte County Code ~is hereby added to read as follows: Section 4-30. PERMIT REQUIRED. No person shall awn any wild animal without first applying to and receiving from ',the chief of animal control, a permit to do so. Section 4-3~.. APPLICATION AND FEE. The application for a permit shall contain the name of the applicant, his address, the address of the proposed location of the animal, if different .from the applicant's, and a brief description of the applicant's plan for keeping the animal which shall include the species of animal, the number of individuals of each species and a descriptic of the housing facilities far the animal. .The initial fee for. the issuance of each: permit shall be 10 ..dollars and sha11 be valid for a period of one year froth the date of its issuance unless revoked or suspended. The fee sha11 cover either one animal or a collection, and the maximum number of specimens permitted to be kept sha11 be specified in the permit. Whenever a new animal or collection is added so as to exceed the maximum number permitted, a new permit must be secured and a new fee must be paid subject to the exceptions in the next paragraph. The fee sha11 be due and payable at the time of issu- ance of the permit and shall be a prerequisite of such issuance. Whenever, in any given permit year, there are new i~ ~~ 1 2~ _3 4 5 6 8' 9 10 11 1~ 13 14 15 16 17 18 19 20 21 22 23 24 23 26 animals in a collection due to the reproduction of members of the collection or due to trade, exchange or replacement in the same number"arid of the same zoological order as the members of the collection. traded, exchanged or replaced, the new animals do not require an additional permit during that year, provided the animal control officer is notified in wri~Cing of the new animals within thirty days of acquisition. Section 4.32. RENEt7AL PERMIT. Each succeeding year a renewal permit shall be obtained by a holder o£ a permit to keep wild animals. The fee for the issuance of a renewal permit shall be 10 dollars, and it is due and payable each year on the anniversary of the date of the issuance of the initial permit. if during the preceding year or years, more than one initial permit has been issued an applicant, fhe former permits may be consolidat so that only one renewal permit is required; provided, however, that the renewal date for the consolidated permit shall be the date of the issuance of the earliest initial permit. A renewal fee for a wild animal permit shall become delinquent ninety days after it becomes due and payable, and upon delinquency, an additional delinquent fee of five dollars shall be added to the regular fee. An unpaid delinquent fee shall be added to a succeeding year's renewal fee. Sectio~i: 4-33. APPROVAL OF APPLICATION. Upon ,receipt of an application for an initial permit by the chief of animal control, the application shall be forwarded to the building inspect~:on section of the county department of public works and 2. 1 2 3 4 5 B 7 8 9 10 11 12 13 14 15' 16 17 18 19 20 21 22 23 24 2S 26 the public health department of the county and designated employees of these departments shall ascertain whether or not the applicant's plan is ~iri: conformity with county lam governing their respective department. If the applicant's plan is in conformity with the l.aw governing the departments, departmental approval shall be indicated on the face of the application. If the applicant's plan is not in conformity with the law governing the departments, the face of .the application shall be marked "Not Approved".and the reason for nanapproval noted thereon, along with any revisions or changes in the applicant's plan which if made would result in ,approval by the department in question. Upon approval. by the departments of an application for an initial permit or upon the receipt of an application for a renewal. permit the chief of animal control shall make any investi- Egation he deems proper. He shall approve an application if he find fall of the following: 1. The keeping of the wild animal at the location specified in the application will not violate any law or ordinance of this county or any law of the state; 2. The keeping and maintenance o.f the wild animal will not endanger the peace, health, or safety of persons the immediate vicinity, or in the county as a whole; 3. The premises and housing where the wild animal is to be kept are in a clean and sanitary condition, and any wild animal. will not be subject to suffering, cruelty ar abuse; 3. 1 2 _. _ 3 4 6 B 7~ 8 9 ~o Il ].2 13 I4 15 16 ~.7 18 is 20 21 22 23 24 25 28 4. The applicant has not had a permit pxovided for herein revoked within a year prior to the date of application; ~.. 5 . _ TYie keeping and nian.tenance of t e wx -~ animal does not constitute a public nuisance. Section 4.34. REVOCATION AND SIISPENSION. Any permit issued pursuant to this chapter may be revaked or suspended as herein provided if, after investigation, the chief of animal control finds any of the following to be true: ~.. The owner, his agent or employee has been convicted of any offense involving the violation of §597 of the ;Penal Code, or any provision of this title, or is in violation of the zoning, health and safety or building ordinances relating to the keeping of wild animals; or 2. The owner has failed to keep and maintain the .premises or housing for the wild animals in a clean and sanit conditions; or 3. The owner has at the place far which the permit is issued, failed to provide any wild animal with proper faad, water, she~.ter or attention; or 4. The owner has violated any rules, regula- tions or conditions adopted by the chief of animal control as necessary to insure that the wild animal will not endanger the safety of any person or property. Section 4.35. APPEAL. Any person aggrieved by any decision or action resulting from the application a.f this title may appeal. to the hoard of Supervisors of Eutte County. The appea 4. 1 2 _. . 3 4 5 6 ~7 8 9 10 '' 11 12 13 J.4 15 18 17 18 is 20 21 22 23 24 2~ 26 must be in waiting and must be received by the clerk of the Board of Supervisors not more than fifteen days after service of written -_ _. notice of the decision or action: Section 4.36. SEPARATE OFFENSE. Every person violating any provision of this title sha11 be deemed guilty of a separate offense for each day, or portion thereof, during which the violation continues, and sha11 be punishable therefor:.as provided in this section. Section 4.37. WTLD ANTMAL. "Wild animal" means any of the following: 1. Following members of the Class Reptilia: Order Ophidia {such as, but not limited to, xacers, boas, water snakes and pythons)r>o~ver eight feet in length, and. Order Loricata (such as, but not limited to, alligators, caymans and crocodiles) over, four feet in length. 2. Fallowing members of the Class Aves: Order Falconiformes (such as, but not limited to hawks, eagles and vultures which are not kept pursuant to federal or state permit), and Subdivision Ratitae (such as, but not limited to, ostriches,. rheas, cassowaries, and emus). 3. Following members of the Class Mammalia: Order Carnivora, expressly excepting the domestic dog (canis familiaris) and the domestic cat (fells catus), but including, but not limited to, the family Felidae (such as 5. 1 2 3 4 5 e 7 8 9 to ~.1 12 13 3.4 15 1B 17 18 19 20 2I 22 23 24 23 2B ocelots, margays, tigers, jaguars, leopards and cougars), the family canidae (such as wolves, dingos, and jackals, excepting _..._ _. coyofes ~ an Order Marsupialia (such as kangaroos, excepting opossums), and Order Chiroptera (bats),and Order Edentates (such as sloths, anteaters and arena- dillos), and Order Proboscides {elephants}, and Order Primates (including, but not Limited to chimpanzees and gorillas, excepting monkeys), and Order Ungulates (expressly excluding any animal which would be included within the definition of "domestic animal" II' and including, but not limited to antelope, deer, bison and excepting therefrom camels.) 4. Any nondomestic species when kept, maintained or harbored in such a manner as to constitute the likelihood of danger to the animals themselves, to human beings or to the property of human beings. S. Any species of animal which is venomous to human beings whether it is venom transmitted by bite, sting,. touch or other means, except honey-producing bees. 6. 1 PASSED AND ADOPTED by the Board of Supervisors of the 2 County of Butte this 2nd day of March 1976 by _. _. _. g the o owing vote: - 4 AYES : Supervisors Ladd, Madigan, Mc~~lop and Acting Chairman ~iichter 5 NOES : None 6 ABSENT : Chairman Cameron 7 NOT VOTING : None .. -~ 8 ~~ l' "` Ward Cameron, C airman o the 9 Board of Supervisors lp ATTEST: 11 CLARK A. NELSON, County C~.erk and ems-officio Clerk of the Board 12 ~~~ !` 13 By ===~~~-~~~~.., 14 15 is 17 18 19 20 2I 22 23 24 2S 2B 7.