Chapter 6.16
EXOTIC ANIMALS
Sections:
6.16.050 Euthanasia in exigent circumstances.
6.16.010 Chapter purpose.
The purpose of this chapter is to preserve the public health, safety, and welfare by prohibiting the possession or maintenance of exotic animals capable of inflicting serious physical harm upon human beings. (Ord. 2004-1, 2004).
6.16.020 Definitions.
As used in this title, unless the context otherwise indicates:
A. “Allow” means to permit by neglecting to restrain or prevent.
B. “Animal” shall mean a living creature except human beings, insects, and worms.
C. “At large” shall mean off the premises of the owner or keeper of the animal, and not under restraint by leash or chain or not otherwise controlled by a competent person, or otherwise in violation of this chapter.
D. “Exotic animal or exotic animals” shall mean any animal which, when in its wild state, or due to its size, habits, natural propensities, training or instinct, presents a danger or potential danger to human beings and is capable of inflicting serious physical harm upon human beings, and includes any live member of: the family Canidae, Felidae, Ursidae, or Crocodilidae, including hybrids thereof; nonhuman primates and prosimians; or reptiles, including venomous and constricting species of snakes, capable of inflicting serious physical harm or death to human beings.
1. “Canidae” means and includes any member of the dog (Canid) family that is not customarily domesticated by man, or any hybrid thereof, but for the purposes of this chapter does not include domestic dogs (Canis familiaris) or wolf or coyote hybrids which are a cross between a wolf and a domestic dog or a coyote and a domestic dog.
2. “Felidae” means and includes any member of the cat family that is not customarily domesticated by man, or any hybrids thereof, but for the purposes of this chapter does not include domestic cats (Felis catus).
3. “Ursidae” means and includes any member of the bear family, or any hybrid thereof.
4. “Crocodilidae” means and includes alligators, crocodiles, caiman and gavials.
5. “Reptile” means any cold-blooded vertebrate of the class Reptilia and includes snakes and lizards.
E. “Officer or official” means any Okanogan County sheriff or deputy; any commissioned law enforcement officer; duly authorized Washington State Department of Fish and Wildlife officer or agent; or any other person authorized by county laws or this chapter to restrain, impound, sell or dispose of exotic animals, give notice or any other acts, duties, or functions prescribed by this chapter relating to regulation and control of exotic animals.
F. “Owner” shall mean any person, firm, or corporation owning, having an interest in, or having control or custody or possession of any exotic animal. (Ord. 2004-1, 2004).
6.16.030 Possession unlawful.
It is unlawful for any owner to possess or maintain an exotic animal within Okanogan County, or to bring an exotic animal into Okanogan County. (Ord. 2004-1, 2004).
6.16.040 Chapter limitations.
A. The provisions of OCC 6.16.030 shall not apply to:
1. Any facility accredited by the American Zoo and Aquarium Association (AZA);
2. Any licensed or accredited research or medical institution;
3. Any licensed or accredited educational institution;
4. Veterinary clinics in possession of exotic animals for treatment or rehabilitation purposes;
5. Traveling circuses or traveling carnivals within Okanogan County for a limited time of not more than 14 days; provided, that proper safeguards are taken to protect the public;
6. Uninterrupted transport of wild or exotic animals through Okanogan County by train or commercial vehicle; provided, that adequate measures have been taken to safeguard persons and property;
7. Any facility licensed by the United States Department of Agriculture (USDA) under the Animal Welfare Act; and
8. Any person having a valid Wildlife Rehabilitation Permit from the Washington State Department of Fish and Wildlife.
B. At no time shall any owner possessing, maintaining, or transporting an exotic animal pursuant to subsection A of this section permit or allow the exotic animal to be at large at any place within the county.
C. Although the above are exempted from the provisions of OCC 6.16.030, any owner possessing, maintaining, or transporting an exotic animal pursuant to this subsection shall possess an insurance policy, or a valid surety bond issued by a surety insurer qualified under Chapter 48.28 RCW, in the sum of at least $250,000 and payable to any person injured by the exotic animal. Upon demand of an officer or official, an owner possessing, maintaining, or transporting an exotic animal pursuant to this subsection shall provide proof of the valid insurance policy or surety bond.
D. Although the above are exempted from the provisions of OCC 6.16.030, any owner possessing, maintaining, or transporting an exotic animal pursuant to this subsection must comply with all other applicable federal, state, and local regulations, including but not limited to Chapter 16.52 RCW, concerning the prevention of cruelty to animals. (Ord. 2004-1, 2004).
6.16.050 Euthanasia in exigent circumstances.
For purposes of this title, “euthanasia” means the humane destruction of an animal accomplished by a method that involves instantaneous unconsciousness and immediate death, or by a method that causes painless loss of consciousness, and death during such loss of consciousness.
A. Any exotic animal possessed or maintained in violation of this chapter may be subject to impoundment and/or euthanasia by any officer or official if any one of the following exigent circumstances is deemed to exist by the officer or official:
1. The exotic animal presents an imminent likelihood of serious physical harm to the public and there is no other reasonably available means of abatement. For the purposes hereof, if an exotic animal wanders or runs loose in the county, it shall be presumed that the exotic animal presents an imminent likelihood 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 officer or official 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 is under treatment by a licensed veterinarian and may reasonably be expected to recover without infecting other animals or human beings.
B. If the officer or official determines that immediate euthanasia of the exotic animal is not required, but determines that the exotic animal should be impounded due to the existence of any exigent circumstance set forth in subsection A of this section, the officer or official shall, as soon as feasible, notify the person who had possessed or maintained the exotic animal, if known, of the exigent circumstances deemed to exist that warranted the impoundment of the exotic animal.
C. Any costs incurred for the take-up, impoundment, care and boarding, and/or euthanasia of the animal will be charged to the owner.
D. Any owner who fails to pay costs charged pursuant to subsection C of this section within 45 days of receiving written notice that such costs are due, is subject to a lien on the owner’s personal and/or real property for recovery of such costs. A lien for recovery of costs shall be signed by the county prosecuting attorney representing the county in the action and shall set forth the following information:
1. The name of the owner whose property or other interests are to be subject to the lien;
2. In the discretion of the county prosecuting attorney filing the lien, any aliases or fictitious names of the owner named in the lien;
3. If known to the county prosecuting attorney filing the lien, the present residence or principal place of business of the person named in the lien;
4. A statement that the notice is being filed pursuant to this section;
5. The amount that the county claims in the action or, with respect to property or other interests that the county has requested forfeiture to the county, a description of the property or interests sought to be paid or forfeited;
6. If known to the county prosecuting attorney filing the lien, a description of property that is subject to forfeiture to the county or property in which the owner has an interest that is available to satisfy a judgment entered in favor of the county; and
7. Such other information as the county prosecuting attorney filing the lien deems appropriate.
This subsection does not limit the right of the county to obtain any order or injunction, receivership, writ, attachment, garnishment, or other remedy appropriate to protect the interests of the county or available under other applicable law.
E. The owner of the exotic animal may appeal the determination to impound the exotic animal by filing a written appeal with the officer or official’s agency or department. The written appeal shall be served upon the agency or department’s commanding officer within five days of the notice of impoundment referred to hereinabove. Failure to serve the written appeal within the five-day period will constitute a waiver of all rights to an administrative hearing and determination of the matter. The agency or department shall issue a written decision on an appeal within 14 days of the hearing. Any appeal from the agency or department’s decision must be filed in Okanogan County superior court within 30 days of the date of the written decision. (Ord. 2004-1, 2004).
6.16.060 Violation – Penalty.
Violation of any of the provisions of this chapter shall constitute a misdemeanor and may be punished by a fine not to exceed $1,000 and/or by incarceration in jail not to exceed 90 days. (Ord. 2004-1, 2004).