Chapter 6.08
WILD OR EXOTIC ANIMALS
Sections:
6.08.030 Possession or maintenance unlawful.
6.08.035 Wild or exotic animal—Permit required.
6.08.050 Euthanasia in exigent circumstances.
6.08.010 Chapter intent.
In order to preserve the public peace and safety of Ilwaco citizens, it is the intent of the Ilwaco city council to:
A. Protect wildlife from becoming habituated to humans and to protect the public against the serious health and safety risk posed by wildlife who are drawn into contact with humans and related infrastructure by individuals who intentionally or unintentionally feed potentially habituated wildlife.
B. Prohibit the possession or maintenance of wild or exotic animals. (Ord. 808 § 1 (part), 2012; Ord. 769 § 1, 2010; Ord. 660 (part), 2001)
6.08.020 Definitions.
As used in this chapter:
“Animal control authority” means all law enforcement officers and persons deputized as an animal control officer.
“Attractant” is any substance that could reasonably be expected to attract wildlife or does attract wildlife, including but not limited to food products, pet food, feed, compost, grain or salt.
“Maintenance of wild or exotic animal or potentially habituated wildlife” includes but is not limited to the placement, deposit, distribution or to scatter grain, hay or other food so as to intentionally or unintentionally constitute a lure, attraction or enticement for potentially habituated wildlife not lawfully held in captivity.
“Potentially habituated wildlife” includes bear, cougar, fox, wolf, coyote, and raccoon.
“Wild or exotic animal” means any of the following:
1. 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. (Ord. 808 § 1 (part), 2012; Ord. 769 § 2, 2010; Ord. 718 (part), 2006: Ord. 660 (part), 2001)
6.08.030 Possession or maintenance unlawful.
The possession of a wild or exotic animal within the Ilwaco city limits by a private citizen is unlawful, except by permit per Section 6.08.035.
The maintenance of potentially habituated wildlife within the Ilwaco city limits by a private citizen, whether intentional or unintentional, by allowing access to attractants is unlawful.
It is unlawful for a person to feed, give, place, expose, deposit, distribute or scatter any edible material or attractant with the intention of feeding, attracting or enticing potentially habituated wildlife. (Ord. 808 § 1 (part), 2012; Ord. 769 § 3, 2010; Ord. 660 (part), 2001)
6.08.035 Wild or exotic animal—Permit required.
A. It is unlawful for any person to procure or keep a wild or exotic animal without a prior permit issued by the animal control authority granted following a public hearing to determine that adequate safeguards have been instituted and will be maintained that will effectively control the dangerous or vicious propensities of such a wild or exotic animal, eliminating any danger to individuals or property and providing that keeping or maintaining of any such animal will in no way constitute a nuisance to the occupants of any surrounding area.
B. A permit to have a wild or exotic animal not statutorily defined as a potentially dangerous animal under RCW 16.30.010 shall be issued by the animal control authority only upon receiving sufficient evidence that:
1. There is a secure enclosure to confine the wild or exotic animal that, during any absence of the owner or keeper, will safely confine the wild or exotic animal;
2. The premises are posted with clearly visible warning signs stating that a wild or exotic animal is on the premises and that displays a conspicuous symbol informing and warning children of the presence of a wild or exotic animal;
3. A surety bond issued by a surety insurer qualified under Chapter 48.28 RCW and in a form acceptable to the animal control authority in the sum of fifty thousand dollars ($50,000.00) conditioned upon payment of damages to any person injured by the wild or exotic animal; or a policy of liability insurance issued by an insurer qualified under RCW Title 28 in the amount of at least fifty thousand dollars ($50,000.00), which specifically provides coverage for any and all personal injuries inflicted by the wild or exotic animal.
C. A permit for an animal is not transferable.
D. Application for permits shall be made on forms approved by the animal control authority and shall be accompanied by a seventy-five dollar ($75.00) permit fee and copies of all federal and state required documentation, including, but not limited to, a health certificate issued by an accredited veterinarian licensed in the state of origin as required by Washington State Department of Agriculture under WAC 16-54-180, and an import permit authorizing importation into Washington State. Applicant shall also be financially responsible for any and all professional consulting/legal services deemed necessary by the city for complete permit review. (Ord. 808 § 2, 2012)
6.08.040 Violation—Penalty.
Any private citizen possessing or maintaining a wild or exotic animal without a permit, or potentially habituated wildlife, whether intentional or unintentional, by allowing access to attractants within the Ilwaco city limits is guilty of an infraction. Each violation will be punished by a fine not to exceed two hundred fifty dollars ($250.00) per violation nor to exceed a fine of two hundred fifty dollars ($250.00) per day that violations occur. All proceedings for the civil violation will be in accordance with Section 1.20.020. (Ord. 808 § 1 (part), 2012; Ord. 769 § 4, 2010; Ord. 718 (part), 2006: Ord. 660 (part), 2001)
6.08.050 Euthanasia in exigent circumstances.
A wild or 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:
A. The wild or exotic animal presents an imminent likelihood of serious physical harm to the public and there is no other reasonably available means of abatement; or
B. 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 wild or exotic animal; or
C. The wild or 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. (Ord. 808 § 1 (part), 2012; Ord. 660 (part), 2001)
6.08.060 Chapter limitations.
A. The purpose of this chapter is to prohibit the private ownership of wild or exotic animals as pets. Therefore, the provisions of this chapter shall not apply to any facility 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 wild or exotic animals as defined in this chapter for use as service animals by disabled citizens.
B. Breeding, or allowing the reproduction of, wild or exotic animals as defined in this chapter is prohibited; provided, that this prohibition shall not apply to any governmental facility possessing or maintaining wild or exotic animals nor shall it apply to private or commercial activities as set forth in subsection A of this section. (Ord. 808 § 1 (part), 2012; Ord. 660 (part), 2001)
6.08.070 Severability.
If any clause, sentence, paragraph, or part of this ordinance codified herein, 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 the ordinance codified in this chapter. (Ord. 660 (part), 2001)