Chapter 6.16
EXOTIC ANIMALS
Sections:
6.16.020 Possession unlawful – Exceptions.
6.16.040 Euthanasia in exigent circumstances.
6.16.050 Registration approval process.
6.16.060 Registration requirements for animals currently owned – Content.
6.16.070 Registration – Issuance – Premises inspection.
6.16.080 Periodic inspection of premises.
6.16.090 Exotic animals – At large prohibited.
6.16.100 Chapter requirements.
6.16.010 Chapter purpose.
The purpose of this chapter is to preserve the public health, peace and safety by prohibiting the possession or maintenance of exotic animals other than in the case of certain limited exceptions as provided in SMC 6.16.030, and to limit and set conditions on exotic animals possessed or maintained as of the effective date of the ordinance codified in this chapter. (Ord. 2324 § 19 (part), 2010)
6.16.020 Possession unlawful – Exceptions.
It is unlawful for any owner to possess or maintain an exotic animal within the city of Sumner, unless the owner possessed or maintained the exotic animal on or before the effective date of the ordinance codified in this chapter; provided, the owner may continue to possess and maintain such animal until the animal expires, if within 30 calendar days the owner satisfies the registration requirements for such animals contained in this chapter and such rules and regulations as the animal control authority may adopt regarding the possession or maintenance of such animals. Failure to timely register an animal or to comply with the conditions of this chapter shall constitute a violation of this chapter. (Ord. 2324 § 19 (part), 2010)
6.16.030 Chapter limitations.
The provisions of this chapter shall not apply to any facility possessing or maintaining exotic animals which is owned, operated or 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, educational or entertainment exhibits or private zoological parks which are otherwise regulated by law, nor to any recognized program engaged in the training of exotic animals as defined in this title for use as service animals by disabled citizens. (Ord. 2324 § 19 (part), 2010)
6.16.040 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 euthanasia by the animal control authority if any one of the following exigent circumstances is deemed to exist by the animal control officer and confirmed by the director of the animal control program or his/her designee:
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 city, 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 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 is under treatment by a licensed veterinarian and may reasonably be expected to recover without infecting other animals or human beings.
B. After an exotic animal has been impounded, as provided above, the animal control officer 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 and euthanasia of the exotic animal. The person who had possessed or maintained the exotic animal or another person with an ownership interest in the exotic animal may appeal the determination to the director; provided, that the written appeal must be filed with the director within 10 days of the notice of impoundment referred to hereinabove. Failure to file a written appeal within the 10-day period will constitute a waiver of all rights to an administrative hearing and determination of the matter. Enforcement of any administrative decision shall be stayed during the pending of an appeal, except impoundment of any exotic animal. The director shall issue a written decision on an appeal within 10 days of the hearing. Any appeal from the director’s decision must be filed in superior court within 30 days of the date of the director’s written decision. (Ord. 2324 § 19 (part), 2010)
6.16.050 Registration approval process.
A. An owner who possesses or maintains an exotic animal on or before the effective date of the ordinance codified in this chapter may continue to possess or maintain such animal; provided, the owner registers said animal pursuant to the registration requirements of SMC 6.16.060 with the Sumner animal control authority within 30 calendar days of the effective date of the ordinance codified in this chapter.
B. As a condition of registration, the animal control officer may inspect the proposed premises and confinement device for the animal, which must meet the cage or confinement rules and regulations of the animal control authority. (Ord. 2324 § 19 (part), 2010)
6.16.060 Registration requirements for animals currently owned – Content.
For owners who currently possess or maintain exotic animals, a verified registration shall be filed by the owner with the animal control authority and shall contain the following information:
A. A legal or otherwise adequately precise description of the premises which applicant desires to use under the required registration;
B. Whether the applicant owns or rents the premises to be used;
C. If the applicant rents the premises, a written acknowledgement by the property owner that the applicant has the owner’s permission to carry on the activity as described in the registration;
D. The extent of improvement upon such premises;
E. A map or diagram of such premises showing where the improvements are located thereon;
F. A statement indicating the species of exotic animal which the applicant currently possessed or maintained on or before the effective date of the ordinance codified in this chapter;
G. A statement indicating how the animal will be caged or otherwise confined, accompanied with a drawing detailing the dimensions of and the materials used for the cage or similar confinement; and such further information as may be required by rules and regulations of the animal control authority. (Ord. 2324 § 19 (part), 2010)
6.16.070 Registration – Issuance – Premises inspection.
If, upon review by the animal control authority, the animal control authority verifies that the owner/applicant is the owner, or if a tenant, has the written permission of the property owner as specified in SMC 6.16.060; and if all of the applicable rules and regulations of the animal control authority have been met, the animal control authority shall certify the exotic animal as properly registered and the owner is lawfully entitled to use the premises for the possession or maintenance of the exotic animal(s) specified in such registration. Provided, however, that the animal control authority shall inspect the premises and confinement cage or other proposed confinement device to ensure all standards required for confining exotic animals as required by rule or regulation have been met. If, however, the cage or confinement device is deemed inadequate, the animal control authority may deny the registration. Where appropriate, the owner/applicant may be required to make such changes as necessary to meet the standards required before registration is approved. (Ord. 2324 § 19 (part), 2010)
6.16.080 Periodic inspection of premises.
The animal control authority or his/her designee may make routine, periodic inspections of an owner’s premises and records in order to determine the number, kind, weight and condition of exotic animals possessed by the owner, and for purposes of enforcing the provisions of this chapter and the rules and regulations of the animal control authority. (Ord. 2324 § 19 (part), 2010)
6.16.090 Exotic animals – At large prohibited.
No person owning or having charge, custody, control, or possession of any exotic animal as defined in this title shall permit or allow the same to be at large at any place within the city, or within the premises of such person in such a manner as to endanger any person lawfully entering or upon such premises. Provided, this shall not apply to a person keeping or maintaining or having in his/her possession or under his/her control any exotic animal when such person is transporting such animal through the city; provided, such person has taken adequate measures to safeguard persons and property. (Ord. 2324 § 19 (part), 2010)
6.16.100 Chapter requirements.
A. Any exotic animal shall be kept in an approved containment device unless under the control of the owner of record or his/her designee.
B. Any exotic animal found outside the premises of record and not under the control of the owner or his/her designee will be impounded. If the conditions described in SMC 6.16.040 are not present, the exotic animal shall be released to the owner of record, if known, and prior to release to the owner of record, the owner shall pay the impound fee and the boarding fee as described in SMC 6.04.020. (Ord. 2324 § 19 (part), 2010)
6.16.110 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. 2324 § 19 (part), 2010)