Chapter 8.05
WILD OR VICIOUS ANIMALS
Sections:
8.05.010 Prohibited from running at large.
8.05.050 Permit--Application fee.
8.05.060 Permit--General conditions.
8.05.090 Permit--Term, renewal.
8.05.010 Prohibited from running at large.
No person owning or having charge, custody, control or possession of any animal known by such person to be vicious or dangerous, or commonly so known, shall permit or allow the animal to run at large upon any highway, street, lane, alley, court or other public place, or upon any private property, or on or within the premises of such person in such manner as to endanger the life or limb of any person lawfully entering such premises. (Ord. 581, Sec. 1 (part), 1988)
8.05.020 Permit--Definition.
Except as provided in this chapter, no person shall possess, keep, maintain or have in his possession or under his control, within the city, any elephant, bear, hippopotamus, rhinoceros, lion, tiger, leopard, panther, ocelot, lynx, cougar, wolf, alligator, fox, raccoon, coyote, monkey, ape, chimpanzee, birds of prey, poisonous reptile, other dangerous or carnivorous wild animal, other vicious or dangerous domesticated animal or any other animal of wild or vicious propensities, without first applying to and receiving a permit from the city of Norco to do so. (Ord. 581, Sec. 1 (part), 1988)
8.05.030 Permit--Requirement.
(a) No permit shall be granted except with such conditions attached as shall, in the opinion of the city council, reasonably insure the public health, safety and general welfare. No permit shall be granted in any event for any animal at any particular location except upon an explicit finding by the body approving such permit that the issuance thereof will not be contrary to the public health, safety and general welfare. Such conditions may include, but need not be limited to the mode and location of any caging, security or other maintenance facilities for the animal.
(b) The animal control officer, following application for a permit and pending final disposition thereof, may grant a temporary permit for the maintenance within the city of any such animal upon such conditions as he shall, in his sole discretion, require, when, in his opinion, there is no reasonable doubt as to the consistency thereof with the public health, safety and general welfare. No wild or vicious animal may be kept or maintained within the City or permitted to occupy any premises within the city unless such regular or temporary permit is in full force and effect. (Ord. 581 Sec. 1 (part), 1988)
8.05.040 Permit--Application.
An application for any permit required pursuant to this chapter shall be made to the animal control officer in writing and upon a form furnished by the animal control officer. Such application shall be verified by the person who desires to possess, keep, maintain, or have in his possession or under his control in the city, the animal for which a permit is required, and shall set forth the following:
(1) Name, address and telephone number of the applicant;
(2) The nature of the applicant’s possessory interest in the animal;
(3) The animal’s proposed location and the name, address and telephone number of the owner of such location;
(4) The written consent of owner of the property (if other than applicant);
(5) The number and general description of the animal;
(6) Any information known to the applicant concerning the vicious or dangerous propensities of the animal;
(7) The housing arrangements for the animal, with particular details as to the safety of structure, locks and fencing;
(8) Safety precautions proposed to be taken;
(9) Noises or odors anticipated in the keeping of the animal;
(10) Prior history of incidents involving the public health and safety of the animal;
(11) Such additional information as may be deemed necessary by the animal control officer to ensure comprehensive evaluation of the proposal. (Ord. 581, Sec. 1 (part), 1988)
8.05.050 Permit--Application fee.
No permit shall be granted under this chapter unless there is paid to the city at the time of filing of the application therefor, an application fee as established by Resolution. The immature offspring of such animals shall not require additional permits during the period of the permit. An application fee for a second animal of a different species shall also be established by Resolution. These fees are non-refundable. (Ord. 808, 2003; Ord. 581, Sec. 1 (part), 1988)
8.05.060 Permit--General conditions.
In addition to such specific conditions as outlined by the animal control officer, the following general conditions apply to permitted possession or maintenance of a wild or vicious animal.
(1) All cages, rooms, enclosures or other types of caging shall be constructed and designed to prevent escape of the animals and to provide adequate care for their welfare.
(2) Cages or enclosures shall be structurally sound and shall be maintained in good repair to securely confine the animal. Protection shall be provided for all animals against inclement weather and direct rays of the sun. All cages and enclosures shall provide adequate drainage to insure runoff during heavy rainfall. Quagmire conditions shall not be allowed to prevail. Construction of cages or enclosures shall be in conformance with building codes.
(3) Food and water shall be wholesome, palatable and free from contamination and of sufficient quantity and nutritive value to maintain the animals for which it is provided in good health.
(4) Animals shall not be maintained under unnecessary stress or so as to allow the general public or visitors to harass an animal held captive.
(5) No animal, shall be kept, confined, caged or penned within a minimum of twenty-five feet of any property line, or within a minimum of fifty feet of any adjacent residential dwelling.
(6) An animal control officer may inspect the operation at any reasonable time during daylight hours. A minimum of two inspections to the operation will be made per year. Unsatisfactory conditions shall be documented in writing by the inspecting officer. A copy of the report shall be furnished the applicant. (Ord. 581, Sec. 1 (part), 1988)
8.05.070 Permit--Procedure.
Applications for wild or vicious animal keeping permits shall be processed as follows:
(1) The application shall be submitted to the animal control division, to be reviewed and processed (the animal control division will distribute the application to all department and compile a recommendation to the city council). The animal control division will forward to the city council any recommendation or special conditions deemed necessary to insure the public health, safety and general welfare.
(2) Upon receipt of the recommendations of staff, the application will be set for public hearing by the city council. Public hearing and the determination made by the city council shall be held and governed by the provisions of the Norco Municipal Code Chapter 18.43 (Hearings and Appeals Therefrom) for permits. In the granting of any permit, the city council may impose any conditions of the maintenance for the animal(s) deemed necessary to prevent damage and/or protect the public safety.
(3) Decisions of the city council on wild or vicious animal keeping permits shall be final.
(4) After acquiring a permit for a wild or vicious animal in the City of Norco, the applicant must obtain all relevant permits and abide by all laws and regulations governing the keeping of the wild or vicious animal. (Ord. 581, Sec. 1 (part), 1988)
8.05.080 Permit--Exemptions.
The permit requirements of this chapter shall not apply to any person not keeping or maintaining or having in possession or control any animal defined in Section 8.05.020 within the city when such person is transporting such animal through the city, but has taken adequate safeguards to protect the public and has notified city police of the proposed route of transportation and time thereof. (Ord. 581 Sec. 1 (part), 1988)
8.05.090 Permit--Term, renewal.
(a) The term of the permit for a wild or vicious animal is for one year. Upon renewal of the permit, an application fee in the amount of one hundred dollars for the first animal, and thirty dollars for each animal of the same species thereafter will be applicable. An application for renewal of any permit shall be made not less than sixty days prior to expiration of the existing permit.
(b) This permit must be renewed prior to expiration. A twenty-five percent penalty will be applicable for sixty days or less delinquency, a fifty percent penalty will be applicable for sixty-one to ninety days delinquency, and a one hundred percent penalty will be applicable for ninety-one days or more delinquency. (Ord. 581, Sec. 1, (part), 1988)
8.05.100 Permit--Revocation.
(a) The animal control officer may, at his discretion, suspend or revoke any permit or portion thereof if the applicant fails to uphold the conditions of the permit.
(b) The animal control officer may modify any terms or provisions of any permit for good cause. In the event it is reasonably necessary to protect against an immediate threat or danger to the public health or safety, the animal control officer may suspend or revoke any permit or portion thereof.
(c) The applicant will bear all cost and expense for the removal or relocation of any animal(s).
(d) Apprehension and/or impoundment of animal(s) will result in the applicant becoming responsible for all costs accumulated in the capture of the animal(s). In addition, a one hundred dollars penalty will be incurred for the animal(s) captured/ impounded.
(e) Any person aggrieved by such action may have such action reviewed by the city council, but the filing of an appeal shall not stay any such order of modification, suspension or revocation. (Ord. 581, Sec 1 (part), 1988)