Chapter 9.44
DISPLAY OF WILD AND EXOTIC ANIMALS PROHIBITED
Sections:
9.44.050 Civil penalties – Schedules.
9.44.010 Purpose.
The purpose of this chapter is to promote the protection of animals by prohibiting the display of wild or exotic animals for public entertainment or amusement within the city of Port Townsend. (Ord. 2758 § 1, 2001).
9.44.020 Definitions.
As used in this chapter, the following terms have the meanings set forth below:
“Circus” means any institution featuring exhibits for the purpose of entertainment and includes, but is not limited to, exhibitions and performances by clowns, acrobats and/or animals; provided, that nothing in this chapter shall be construed as authorizing any display of wild or exotic animals otherwise prohibited by this code.
“Display” means to undertake any exhibition, act, circus, public show, trade show, photographic opportunity, carnival, ride, parade, petting zoo, race, performance or similar undertaking in which animals are required to perform tricks, fight or participate in performances or shows for the amusement or entertainment of an audience. Display shall not include the use or exhibition of animals for educational purposes by persons or organizations, including, those that are accredited or available for accreditation by the American Zoological Association, or by The Association of Sanctuaries. “Displayed” means to be the subject thereof.
“Person” means any individual, partnership, corporation, joint venture, association, trust, estate or any other legal entity and any officer, member, shareholder, director, employee, agent or representative of same.
“Wild or exotic animal” means any or all of the following animals, whether bred in the wild or in captivity, and also any or all of their hybrids with domestic species. It is not the intent of this section to include domesticated species such as, horses, cows, sheep, or llamas of the animals listed below. The words in parentheses are intended to act as examples only and are not to be construed as being an exhaustive list or to otherwise limit the generality of each group of animals:
A. Non-human primates and prosimians (such as chimpanzees, monkeys);
B. Felids, except domesticated cats;
C. Canids, including wolf hybrids and except domesticated dogs;
D. Ursids (bears);
E. Elephants;
F. Cetaceans (marine mammals, such as whales, dolphins, otters, porpoises, seals, and sea lions);
G. Crocodilians (such as alligators and crocodiles);
H. Marsupials (such as kangaroos and opossums);
I. Snakes and reptiles;
J. Ungulates (such as hippopotamus, rhinoceros, giraffe, camel, zebra, deer);
K. Hyenas;
L. Mustelids (such as skunks, weasels, otters and badgers);
M. Procyonids (such as raccoons and coatis);
N. Endentates (such as anteaters, sloths and armadillos);
O. Viverrids (such as mongooses, civets, and genets);
P. Camels; and
Q. Raptors or birds of prey. (Ord. 2758 § 1, 2001).
9.44.030 Display prohibited.
No person may display or sponsor a display of wild or exotic animals on any public or private property within the city of Port Townsend. (Ord. 2758 § 1, 2001).
9.44.040 Violation – Penalty.
This chapter shall be enforced as provided in Chapter 1.20 PTMC, Code Administration and Enforcement; provided, that criminal penalties set forth in that chapter shall not apply. Any person displaying or sponsoring a display of wild or exotic animals in violation of this chapter shall instead have committed a civil infraction and shall be assessed a monetary penalty as provided in PTMC 9.44.050, Civil penalties – Schedules. (Ord. 2952 § 1, 2008; Ord. 2758 § 1, 2001).
9.44.050 Civil penalties – Schedules.
A. Any person who violates this chapter or who, by any act or omission procures, aids or abets such violation shall be subject to civil penalties as provided in this section.
1. Civil penalties may be directly assessed by the city manager by means of a formal notice and order issued pursuant to this chapter or may be recovered by legal action filed in Jefferson County superior court by the city attorney on behalf of the city of Port Townsend.
2. Civil penalties assessed by means of a formal notice and order shall be collected in accordance with the lien, personal obligation and other procedures specified in this chapter. Civil penalties assessed in a legal action in superior court shall be collected in the same manner as judgments in civil actions.
3. Civil penalties shall be a cumulative penalty in the amount of $100.00 per day for each violation. Penalties for the second separate violation of a like nature by the same person within a period of two years shall be double that rate.
4. Each and every day or portion thereof during which any violation is committed, continued, permitted or not corrected shall be deemed a violation for purposes of this chapter. Civil penalties for violation of any formal notice and order issued by a director pursuant to this chapter shall begin to accrue on the first day the order is served and shall cease on the day the violation is actually stopped or the correction is completed. (Ord. 2758 § 1, 2001).
9.44.060 Exception.
The provisions of this chapter shall not apply to the display of wild or exotic animals for educational purposes by persons or organizations, including, those that are accredited or available for accreditation by the American Zoological Association, or by The Association of Sanctuaries. (Ord. 2758 § 1, 2001).