Chapter 6.12
EXOTIC ANIMALS
Sections:
6.12.040 Exotic animals – Regulations.
6.12.010 Purpose.
It is hereby declared to be the public policy of the city of Burlington to provide for the general welfare of the residents and visitors to the city of Burlington through the adoption and enforcement of these animal control measures deemed necessary for the protection of the health, welfare and safety of animals within the city of Burlington and to prevent injury to property and cruelty to animals. To this end, it is the purpose of this chapter to protect the public and to regulate the animals so that it will not constitute a nuisance. The city council expresses no intent to create a class of person/s who are specially benefited by this chapter. (Ord. 1667 § 5, 2009).
6.12.020 Definitions.
“Boarding” means the act of providing regular food, water, shelter, exercise, and care for animals in the absence of the owner or caretaker who would normally provide these things.
“Exotic animal” means any member of the animal kingdom which is not commonly domesticated, or which is not common to North America, or which irrespective of geographic origin is of a wild or predatory nature, or any animal except livestock and domesticated animals which due to size, habits, natural propensities, instinct, handling or training presents a danger or potential danger to human beings, animals or property if not kept, maintained or confined in a safe and secure manner.
“Wild animal” shall hold the same meaning as “exotic animal.”
Unless some other meaning and intent is apparent from the context, the present tense includes the past and future tense and the future includes the present. Each gender includes all other genders and the singular includes the plural or vice versa. (Ord. 1667 § 5, 2009).
6.12.030 Prohibited species.
A. All nonhuman primates;
B. All wild cats of the family Felidae and their hybrid, except for the domestic cat, Felis catus;
C. All species of bear;
D. All wild carnivores of the family Canidae and their hybrid, except for the domestic dog, Canis familiaris;
E. Venomous reptiles and amphibians;
F. All reticulated pythons, Burmese pythons and snakes which may reach 10 feet or more in length; and
G. All members of the alligator (Alligator), crocodile (Crocodylus) and caiman (Crocodylus) families. (Ord. 1667 § 5, 2009).
6.12.040 Exotic animals – Regulations.
A. Prior to any exotic or wild animal coming into the city, the proper registration form must be filled out, and the animal control officer shall inspect the quarters where the animal is intended to be contained. Registration shall not be allowed and the animal shall not be brought into the city if, in the judgment of the animal control officer, the quarters intended are inadequate to safely and humanely contain the animal. If registration is allowed the following conditions shall be met prior to the animal being allowed into the city, excluding avian species:
1. A fee adopted by city council resolution per animal shall be paid at the time of registration;
2. A current photograph of the animal shall be filed with the registration application;
3. The quarters where the animal will be contained are subject to inspection and approval by the animal control officer prior to the animal coming into the city and further inspections may be done at any reasonable time by the animal control officer or police officer;
4. The possessor of an exotic or wild animal shall provide a written plan for capture should the animal escape and shall also provide names of two additional people who will assist in the capture of the exotic or wild animal;
5. The possessor of an exotic or wild animal shall provide a copy of a policy for liability insurance, such as a homeowner’s insurance or surety bond qualified under chapter 48.28 RCW in the amount adopted by city council resolution payable to a person injured by the exotic or wild animal to the police department on an annual basis;
6. The possessor of an exotic or wild animal shall have continuously posted and displayed at each possible entrance onto the premises where an exotic or wild animal is kept a conspicuous sign, clearly legible, and easily readable by the public, warning there is an exotic or wild animal on the premises. In addition, the letters shall be no smaller than six inches in height.
B. If any exotic animal unintentionally escapes, the possessor of the exotic animal shall immediately contact a law enforcement office of the city where the possessor resides to report the escape or release. The possessor is liable for all expenses associated with efforts to recapture the exotic animal. No person may intentionally release an exotic or wild animal. If an exotic or wild animal is intentionally released, the possessor is liable for all expenses associated with efforts to recapture the animal. If an exotic animal escapes, or if it appears from such inspection or otherwise, that an exotic animal might escape, an order may be given by the animal control officer or police officer that such quarters be immediately repaired or improved, and, if this is not done, the exotic animal may be impounded and held at the owner’s expense until the repairs or improvements are made. The city may move to humanely destroy or adopt the animal if not claimed within 72 hours.
C. The possessor shall not bring any exotic or wild animal to any public property or a commercial or retail establishment unless the possessor is bringing the animal to a licensed veterinarian or a veterinarian clinic. An exotic animal registration is nontransferable.
D. The provisions of this section shall not apply to wild or exotic animals listed in subsection (A) of this section when such animals are safely and continuously contained during uninterrupted transport through the city or to a veterinary hospital within the city.
E. The provisions of this section shall not apply to raptors possessed under official state or federal authorization.
F. No person shall own any wild animal unless that person has obtained a permit from the State Game Department and/or Federal Fish and Wildlife Service. Persons who obtain a permit for temporary care of injured or orphaned infant wild animals must comply with the provisions of exotic animals.
G. All persons who possess any of the animals listed in subsection (A) of this section as of the effective date of the ordinance codified in this chapter shall register said animals with the police department within 10 days. The animal control officer shall specify the conditions under which the animal must be kept while the owners arrange to remove the animal from the city. Removal must occur within 30 days of registration. Failure to timely comply with the conditions of registration or remove an exotic or wild animal listed in subsection (A) of this section shall constitute a violation of this chapter.
H. Any person who violates this section shall be guilty of a misdemeanor and may, upon conviction, be punished by confinement not to exceed 90 days and/or not to exceed a $1,000 fine. (Ord. 1799 § 14, 2014; Ord. 1667 § 5, 2009).
6.12.050 Severability.
In the event any term or condition of this chapter or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this chapter which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this chapter are declared severable. (Ord. 1667 § 5, 2009).