Chapter 7.40
EXOTIC ANIMALS
Sections:
7.40.050 Euthanasia in exigent circumstances.
7.40.010 Chapter intent.
It is the intent of the Oak Harbor city council to limit and set conditions on the possession or maintenance of exotic animals as defined by this chapter in order to preserve the public peace and safety, to reduce the possibility of ecosystem degradation by introducing species not native to this environment, and to assure the humane treatment of such exotic animals. (Ord. 1710 § 9, 2015; Ord. 1444 § 2, 2005).
7.40.020 Definitions.
The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
(1) “Animal control officer” means any person or agency designated by the city of Oak Harbor as a law enforcement officer or quasi-law enforcement officer who is authorized to implement the provisions of this chapter and this title.
(2) “Exotic animal” means any species of animal that is both nondomesticated and capable of killing or seriously injuring a human being. Subject to the preceding sentence, the definition of “exotic animal” contained in this section includes but is not limited to:
(a) Nonhuman primates and prosimians;
(b) Species of ursidae such as bears;
(c) Nondomesticated species of felines and their hybrids such as lions, tigers, cougars, ocelots, servals and lynx;
(d) Nondomesticated species of canines and their hybrids, including wolf and coyote hybrids;
(e) The order Crocodylia, including alligators, crocodiles, caimans and gavials;
(f) Constricting snakes such as pythons and boa constrictors over 10 feet in length;
(g) All venomous species of snakes and reptiles (regardless whether their venom glands have been removed) capable of inflicting serious physical harm or death to human beings;
(h) All venomous insects and spiders capable of inflicting serious physical harm or death to human beings;
(i) Reptiles capable of inflicting serious physical harm or death to human beings;
(j) Emus and ostriches;
(k) Procyonidae (raccoons, coatis);
(l) Mustelidae (examples: weasels, skunks, martens) except not including ferrets or mink;
(m) Wallabies and kangaroos.
(3) “Person” means any individual, partnership, corporation, organization, trade or professional association, firm, limited liability company, joint venture, association, trust, estate or any other legal entity, and any officer, member, shareholder, director, employee, agent or representative thereof. (Ord. 1710 § 9, 2015; Ord. 1457 § 1, 2006; Ord. 1444 § 3, 2005).
7.40.030 Scope.
This chapter shall not include domestic cats and dogs, which shall be regulated under a different chapter. The traditional ownership of cats and dogs allows for more freedom of mobility and thus requires a different regulatory scheme. (Ord. 1710 § 9, 2015; Ord. 1444 § 4, 2005).
7.40.040 Violation – Penalty.
(1) It is unlawful for any person, firm or corporation to own, possess, keep, maintain, harbor, bring into the city, have control or custody of, an exotic animal except as specified in this chapter.
(2) Violators of subsection (1) of this section are guilty of a misdemeanor and are subject to a fine not to exceed $1,000 or confinement in jail up to 90 days or both such fine and jail time.
(3) All other animals, vertebrate or invertebrate, must be housed and confined in such a manner as to prevent their escape at any time from said confinement. At-large status for any such animal shall constitute per se proof of a violation of this section.
(4) Violators of subsection (3) of this section may be punishable by:
(a) A Class 1 infraction as defined in Chapter 1.28 OHMC for their first two offenses; or
(b) A misdemeanor and subject to a fine not to exceed $1,000 or confinement in jail up to 90 days or both such fine and jail time for their third and subsequent offenses.
(5) It shall not be a defense to any violation of this section that identifiably different animals are involved in the alleged violation(s). (Ord. 1710 § 9, 2015; Ord. 1444 § 5, 2005).
7.40.050 Euthanasia in exigent circumstances.
An 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 by the director of the animal control authority:
(1) The exotic animal presents an imminent threat of serious physical harm to the public and there is no other reasonably available means of abatement; or
(2) 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 exotic animal; or
(3) The exotic animal suffers from a communicable disease injurious to other animals or human beings; provided, that this section shall not apply if the animal:
(a) Is under treatment by a licensed veterinarian; and
(b) May reasonably be expected to recover without infecting other animals or human beings; and
(c) The animal is not being released to reside permanently or temporarily within the city limits of Oak Harbor. (Ord. 1710 § 9, 2015; Ord. 1444 § 6, 2005).
7.40.060 Exceptions.
The provisions of this chapter shall not apply to:
(1) Institutions accredited by or under the mentorship of the American Zoo and Aquarium Association (AZA).
(2) Duly incorporated nonprofit animal protection organizations housing an exotic animal at the written request of the animal control authority.
(3) Animal control or law enforcement agencies or officers acting under the authority of this chapter.
(4) Licensed veterinary hospitals or clinics.
(5) Any wildlife sanctuary as defined under this chapter, as part of a licensed veterinary clinic which is involved in rehabilitation of animals.
(6) Any lawfully operated circus or rodeo.
(7) A person temporarily transporting an exotic animal through the city if the transit time is not more than 24 hours and the animal is at all times maintained within a confinement sufficient to prevent the exotic animal from escaping. (Ord. 1710 § 9, 2015; Ord. 1444 § 7, 2005).