Chapter 6.10
EXOTIC ANIMAL REGULATIONS
Sections:
6.10.020 Exotic animals prohibited.
6.10.030 Certain animals exempt.
6.10.040 Animals exempt with a license.
6.10.050 Exotic animal licensing.
6.10.060 Abatement of exotic, wild or dangerous animal nuisances.
6.10.070 Exceptions to provisions.
6.10.090 Interference with officers.
6.10.120 Grammatical interpretation.
6.10.010 Definitions.
For purposes of BMC 6.10.010 through 6.10.120, the following terms have the following meanings:
(1) “Animal control officer” means any one or more of the city’s employees designated by the city manager or his or her designee as an animal control officer.
(2) “Exotic, wild or dangerous animals” means any animal or mixed breed of animal, fish, fowl, or insect which, because of its size, vicious nature, poisonous bite or sting, or other characteristics, would constitute a danger to human life, property, health or welfare if not kept or maintained under the immediate control of the owner. “Exotic, wild or dangerous animal” includes, but is not limited to, the following:
(a) Any cat other than the Felis catus.
(b) Any nonhuman primate.
(c) Any wolf, coyote or other canine, or mixed breed thereof, not of the species Canis familiaris.
(d) Any shark, dogfish or similar carnivorous fish.
(e) Any piranha fish.
(f) Any poisonous reptile, any crocodilian or lizard whose average adult length is greater than two feet, any snake whose average adult length is greater than six feet, or any snapping turtle.
(g) Any bat.
(h) Any skunk, weasel, badger, fox, mammal of the raccoon family or wolverine, or mixed breed thereof.
(i) Any pig, hog, boar or wild pig, including pot bellied pigs.
(j) Any bear.
(k) Any kangaroo.
(l) Any eagle, hawk, buzzard or similar predatory bird.
(m) Any poisonous or stinging insect or arachnid. [Ord. 11-814 § 2 (Exh. A), 2011; Ord. 760 § 1, 2003; Ord. 701 § 1, 1994]
6.10.020 Exotic animals prohibited.
Except as provided in BMC 6.10.030 through 6.10.050, no person may keep or maintain one or more exotic, wild or dangerous animals within the city. The keeping or maintenance of an exotic, wild or dangerous animal is a public nuisance and will be abated in conformity with the requirements of this chapter. [Ord. 11-814 § 2 (Exh. A), 2011; Ord. 760 § 2, 2003; Ord. 701 § 2, 1994]
6.10.030 Certain animals exempt.
Subject to any applicable sections of this chapter, and any applicable federal or state law in effect at the time of an alleged offense, if an animal is not specifically identified as an exotic, wild or dangerous animal in BMC 6.10.010, a person may lawfully keep or maintain such animal without an exotic animal license, subject to the provisions of the zoning ordinance, if the animal is kept at a reasonable number so as not to become a nuisance, is legally available for domestic confinement or capture, and:
(1) Of the species Felis catus.
(2) Of the species Canis familiaris.
(3) A fish kept in a tank.
(4) A nonpoisonous or nonconstricting reptile.
(5) A gerbil, hamster, guinea pig, mouse, rat, squirrel, chipmunk or similar rodent-like creature kept in a cage.
(6) An amphibian less than one foot in length such as a frog, toad, salamander or chameleon, excluding gila monsters and other aggressive or poisonous species.
(7) Livestock, as that term is defined in ORS 596.615.
(8) A rabbit kept in a cage or hutch.
(9) Bees kept in a collection of hives or colonies. [Ord. 11-814 § 2 (Exh. A), 2011; Ord. 760 § 3, 2003; Ord. 701 § 3, 1994]
6.10.040 Animals exempt with a license.
(1) Subject to other applicable sections of this chapter and any applicable federal or state laws in effect at the time of an alleged offense, it will be lawful for a person to keep or maintain those animals identified below, if the person keeping or maintaining such animal has been issued and has maintained an annual exotic animal license under the requirements of BMC 6.10.050 and any applicable county, state or federal laws in place at the time.
(2) The following animals are exempt if licensed:
(a) Any nonhuman primate of a species whose average adult weight is less than 20 pounds.
(b) Any cat not of the species Felis catus but of another species whose average adult weight is less than 15 pounds. However, any such cat with a prior history of injury to humans or property will not be allowed under this section.
(c) Any poisonous or stinging insect or arachnid. [Ord. 11-814 § 2 (Exh. A), 2011; Ord. 760 § 4, 2003; Ord. 701 § 4, 1994]
6.10.050 Exotic animal licensing.
(1) The city clerk may issue an exotic animal license, with fee, for the keeping or maintenance of those animals identified in BMC 6.10.040, for a period of one year, and the city clerk may renew the license for subsequent one-year periods if it is found by the animal control officer, after inspection of the premises where such animal is to be kept, that:
(a) The animal is at all times kept or maintained in a safe manner and is at all times confined securely so that keeping the animal will not constitute danger to human life or property.
(b) Adequate safeguards are made to prevent unauthorized access to the animal by a member of the public.
(c) The health and well-being of the animal is not in any way endangered by the manner of keeping or confinement.
(d) The keeping of the animal will not harm the surrounding neighborhood or disturb the peace and quiet of the surrounding neighborhood.
(e) The quarters in which the animal is kept or confined are adequately lighted and ventilated and are so constructed that they can be kept in a clean and sanitary condition providing adequate shelter from extreme climactic conditions.
(f) The keeping of the animal will not create or cause offensive odors or in any other way constitute a danger, unreasonable annoyance, or inconvenience to the public.
(g) The applicant for such a license has proven ability to respond in damages up to, and including the amount of $300,000 for bodily injury or death of any person or persons, or for damage to property owned by any other person that may result from the keeping or maintenance of such animal. Such proof of ability to respond in damages may be given by filing with the city clerk a certificate of insurance, stating that the applicant is at the time of his or her application, and will be during the period of his license, insured against liability for personal and property damages as described in this subsection; or by posting a bond with the city clerk prior to the issuing of the exotic animal license and operative to the time of the license in the amount of $300,000. The bond or certificate of insurance must provide that no cancellation of insurance or bond will be made unless 30 days’ written notice is first given to the city clerk.
(2) Prior to the annual renewal of an exotic animal license, the animal control officer must inspect the premises subject to the license to determine if the person to whom it has been issued is continuing to comply with all of the conditions specified in this section. In addition, the animal control officer will have the authority to inspect the premises upon the receipt of any complaint regarding the maintenance of such premises or the animals therein. If the animal control officer determines, during his or her inspection, that any of the conditions specified in subsection (1) of this section are being violated, the animal control officer must refuse to renew the license or revoke the license unless the violation is corrected within a period of time as he or she may direct, not to exceed 30 days.
(3) In addition to the requirements of subsection (1) of this section, the applicant for an exotic animal license must pay to the city clerk a fee of $17.50 annually for each adult animal to be kept or maintained on the premises subject to the license. The fee amount may be increased or decreased by the city council by resolution at any time and from time to time.
(4) No person may sell or give away any exotic, wild or dangerous animal to any person not holding an exotic animal license issued and maintained under this section.
(5) In no event may an exotic animal license be issued or renewed for the keeping of more than two adult exotic, wild or dangerous animals in any single location. [Ord. 11-814 § 2 (Exh. A), 2011; Ord. 760 § 5, 2003; Ord. 701 § 5, 1994]
6.10.060 Abatement of exotic, wild or dangerous animal nuisances.
The chief of police must execute any judgment which may be rendered by the municipal judge after a hearing as provided in Chapter 8.10 BMC in the matter of abating any nuisance described in BMC 6.10.020 and 6.10.050. When the judgment requires the chief of police to abate a nuisance caused by an exotic, wild or dangerous animal, the animal must be seized and confined so that the annoyance complained of will not be continued. The chief of police must immediately advertise the animal for sale to the highest bidder. The purchaser of the animal must agree to remove the same from the corporate limits of the city or to otherwise conform its maintenance to provisions of this chapter and any applicable state or federal laws then in effect. The proceeds of the sale must be applied by the chief of police as follows:
(1) To the payment of any cost which may be incurred in the municipal court in the matter of the action for abatement of the nuisance.
(2) To the payment of any cost which the chief of police may incur in caring for such animal and in selling the same.
(3) The surplus, if any, must be delivered by the chief of police to the owner of the animal. [Ord. 11-814 § 2 (Exh. A), 2011; Ord. 760 § 6, 2003; Ord. 701 § 6, 1994]
6.10.070 Exceptions to provisions.
The provisions of BMC 6.10.020 and 6.10.050 will not apply to the keeping of exotic, wild or dangerous animals in the following cases:
(1) The keeping of such animals in zoos, bona fide educational or medical institutions, museums or any other place where they are kept as live specimens for the public to view or for the purposes of instruction or study.
(2) The keeping of such animal for exhibition to the public of such animals by a circus, carnival or other exhibit or show.
(3) The keeping of such animals in a bona fide, licensed veterinary hospital for treatment. [Ord. 11-814 § 2 (Exh. A), 2011; Ord. 760 § 7, 2003; Ord. 701 § 7, 1994]
6.10.080 Institutions.
The institutions keeping or maintaining exotic, wild or dangerous animals in conformity with BMC 6.10.070 must comply with all federal and state regulations regarding such maintenance. [Ord. 11-814 § 2 (Exh. A), 2011; Ord. 760 § 8, 2003; Ord. 701 § 8, 1994]
6.10.090 Interference with officers.
It is unlawful for any person to interfere with, molest or harm any police officer in the prosecution of his or her duties under the terms of this chapter. [Ord. 11-814 § 2 (Exh. A), 2011; Ord. 760 § 9, 2003; Ord. 701 § 9, 1994]
6.10.100 Penalties.
(1) Violation of any provision of this chapter constitutes a violation punishable by fine of not more than $500.00.
(2) Every full day during which an activity continues to be conducted in violation of this chapter will be considered a separate offense.
(3) Offenses under this chapter will be tried in the municipal court as a violation and not as a crime. As a violation there is no right to jury trial or court appointed counsel.
(4) Additional Remedies.
(a) In addition to the penalties provided in this chapter, the city may sue in a court of competent jurisdiction to obtain a judgment by execution.
(b) The city may seek an injunction to prohibit a person from violating this chapter.
(c) In an action authorized by this section, if the city prevails, it may recover reasonable attorney’s fees to be set by the court in addition to its costs and disbursements. These fees are recoverable at all levels of trial and appeal.
(d) Whenever a fee required by this chapter is not paid when due, the city clerk may add a penalty to the fee of an amount equal to 10 percent of the fee for each month or part thereof during which the fee and accumulated penalty amounts remain unpaid. The total amount of the fee and accumulated penalties may not exceed 100 percent of the original fee. [Ord. 11-814 § 2 (Exh. A), 2011; Ord. 760 § 10, 2003; Ord. 701 § 10, 1994]
6.10.110 Severability.
If any section, subsection, sentence, clause, or phrase of this chapter is for any reason held to be invalid or unenforceable in any respect, the validity or enforceability of the section, subsection, sentence, clause, or phrase in any other respect and of the remaining sections, subsections, sentences, clauses, and phrases of this chapter will not be impaired or affected. [Ord. 11-814 § 2 (Exh. A), 2011]
6.10.120 Grammatical interpretation.
For purposes of this chapter, unless it is apparent from the context that a different construction is intended, (1) each gender includes the masculine, feminine, and neuter genders, (2) the singular includes the plural and the plural includes the singular, (3) the word “or” is not exclusive and the words “include,” “includes,” and “including” are not limiting, and (4) words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. [Ord. 11-814 § 2 (Exh. A), 2011]