§ 6-38. Keeping wild animals.

(a)

Wild animals prohibited. It shall be unlawful to keep or harbor any wild animal within the city except as provided below.

(b)

Exceptions. This section shall not apply to nor prevent the keeping of wild animals by:

(1)

Governmental entities or agencies of the city, the State of Texas, or the United States, or by agents or officials thereof acting in an official capacity;

(2)

Accredited zoological parks;

(3)

Federally licensed research facilities;

(4)

Licensed veterinarians, incorporated humane societies or animal shelters, or state or federal licensed rehabilitation permit holders which are rehabilitating, treating or caring for such animals;

(5)

Circuses;

(6)

Interstate commercial transporters conducting business or operations in compliance with state or federal law; and

(7)

Federally licensed suppliers of non-human primates to biomedical research facilities.

(c)

Non-conforming wild animals. Any person who kept or harbored a wild animal in the city on or before October 15, 2002, who attempted to register such animal with the city under any prior ordinances of the city before March 1, 2004, who was issued a registration certificate or permit from the city, whether such issuance was in conformity or compliance with this article or in error or otherwise, and who seeks to register such wild animal as a non-conforming wild animal on or before June 15, 2004, may be issued a certificate of registration to maintain the specific wild animal until the animal's demise or removal of the animal from the city (except for veterinary care), upon the following conditions:

(1)

The certificate of registration shall be non-transferrable and shall be valid for one year after its date of issuance or renewal under this article, unless revoked.

(2)

Non-refundable payment of a $50.00 registration fee or a $10.00 renewal fee.

(3)

Submission of a sworn application containing name, address and telephone number of applicant, the date the animal was originally located in the city, identity of all persons residing at such address, and work telephone numbers of all persons over the age of 18 years residing at such address; complete identification of each animal, including species, sex, age, and any distinguishing marks or coloration that would aid in the identification of the animal; the exact location where each animal is to be kept; the name, address, and telephone number of a veterinarian licensed to practice in this state where the animal may be taken if the animal is found at large; and containing a statement by the applicant that all information in the application is complete and accurate, that the applicant has read Subchapter E, Chapter 822, Texas Health and Safety Code, as amended, and that all facilities used by applicant to confine or enclose the animal comply with the requirements of such subchapter, as amended.

(4)

Inclusion with the application of the following:

a.

The application fee;

b.

Proof of liability insurance coverage in an amount of not less than $100,000.00 for each occurrence for liability for damages for destruction of or damage to property and death or bodily injury to a person caused by the animal, issued by an insurance carrier authorized to transact insurance business in the State of Texas;

c.

A color photograph of the animal taken not less than 30 days before the date of application;

d.

A photograph and a statement of the dimensions of the primary enclosure in which each animal is to be kept and a scale diagram of the premises where each animal will be kept, including the location of any perimeter fencing and any residence on the premise;

e.

Any dealer's or exhibitor's license issued by the United States Department of Agriculture, if required by such agency; and

f.

For renewals, a statement signed by a veterinarian licensed to practice by the State of Texas stating that the veterinarian has inspected the animal and its care and treatment by the owner not more than 30 days before the filing of the renewal application, and finds that the care and treatment of the animal by the owner meets or exceeds the standards prescribed by this article or by applicable state law, rules, or regulations, as amended.

Any animal which is eligible for registration as a non-conforming wild animal under this section and for which an application for registration is not received by June 15, 2004, shall be deemed an illegal wild animal for which no registration may be obtained. Any person keeping or harboring such animal shall be in violation of this article. An illegal wild animal shall be impounded by the animal control officer and delivered to a licensed zoological park or licensed agency for the care of such animal for disposition in accordance with state and federal law.

(d)

Denial or revocation of wild animal permits.

(1)

If the animal control officer finds that an application for an original or renewal certificate of registration under this subchapter does not meet the requirements of this chapter or applicable State law, rules, or regulations, as amended, including but not limited to Texas Health and Safety Code Section 822.104, or, after inspection, that an applicant has not complied with such ordinances, laws, rules or regulations, the animal control officer shall deny the applicant a certificate of registration and give the applicant written notice of the denial and the reasons for the denial.

(2)

If the animal registration agency finds, after inspection, that a registered owner provided false information on or in connection with the application or has not complied with this chapter or applicable state law, rules, or regulations, as amended, including but not limited to Texas Health and Safety Code Section 822.104, the animal registration agency shall revoke the certificate of registration and give the owner written notice of the revocation and the reasons for the revocation.

(3)

A person may appeal the denial of an original or renewal certificate of registration or the revocation of a certificate of registration to the Saginaw Municipal Court not later than the 15 ^th day after the date the certificate of registration is denied or revoked. Either party may appeal the decision of the justice or municipal court to the County Court at Law of Tarrant County. The decision of the county court or county court at law may not be appealed.

(4)

The filing of an appeal of the denial or revocation of a certificate of registration under subsection (c) stays the denial or revocation until the court rules on the appeal. If during the stay, the animal control officer believes that the animal is a danger to the public, the city may request the court to make orders protecting the public during the stay, including impoundment of the animal and delivery to a person or agency found by the court to be licensed to keep such animals or operating a facility in compliance with state or federal law, rules, or regulations.

(e)

Display of wild animal registration.

(1)

A holder of a certificate of registration shall prominently display the certificate at the premises where each animal that is the subject of the certificate of registration is kept.

(2)

Not later than the tenth day after the date a person receives a certificate of registration, the person shall file a clear and legible copy of the certificate of registration with the Texas Department of Health and pay any fees required by that agency.

(f)

Liability insurance. An owner of a wild animal shall maintain liability insurance coverage in an amount of not less than $100,000.00 for each occurrence for liability for damages for destruction of or damage to property and death or bodily injury to a person caused by the wild animal, including destruction, death or injury occurring off the premises of the owner. If the animal control officer has reason to suspect that such insurance has lapsed during a registration period, the officer may demand proof of coverage within three days of any notice to the owner. Lapse of insurance or failure to provide proof upon demand shall be deemed a violation of this chapter and cause for revocation of the certificate of registration.

(g)

Inspection of wild animal and premises. An owner of a wild animal, at all reasonable times, shall allow the animal registration agency, its staff, its agents, or a designated licensed veterinarian to enter the premises where the animal is kept and to inspect the animal, the primary enclosure for the animal, and the owner's records relating to the animal to ensure compliance with this subchapter.

(h)

Relocation or disposition of wild animal.

(1)

An owner of a wild animal may not permanently relocate the animal unless the owner first notifies the animal control officer in writing of the exact location to which the animal will be relocated and provides the animal control officer, with respect to the new location, the information required by Section 8.2. or by state or federal law.

(2)

Within ten days after the death, sale, or other disposition of the animal, the owner of the animal shall notify the animal control officer in writing of the death, sale or other disposition.

(i)

Attack or escape.

(1)

An owner of a wild animal shall notify the animal control officer of any attack of a human by the animal within 48 hours of the attack.

(2)

An owner of a wild animal shall immediately notify the animal control officer and the local law enforcement agency of any escape of the animal.

(3)

An owner of a wild animal that escapes is liable for all costs incurred in apprehending and confining the animal.

(4)

The animal control officer, a law enforcement agency, or an employee of an animal registration agency or law enforcement agency is not liable to an owner of a wild animal for damages arising in connection with the escape of a wild animal, including liability for damage, injury, or death caused by the animal during or after the animal's escape, or for injury to or death of the animal as a result of apprehension or confinement of the animal after escape.

(j)

Caging requirements. Wild animals shall be caged, kept, and confined in accordance with the requirements and standards of the Texas Board of Health, as amended. No deviation from these requirements and standards may be granted by the animal control officer.

(k)

Care, treatment and transportation.

(1)

The owner of a wild animal shall comply with this article and all state and federal laws, rules, and regulations, as amended, regarding facilities, facilities operations, animal health and husbandary, and veterinary care.

(2)

The owner of a wild animal shall maintain a veterinary log in accordance with state or federal laws, rules, and regulations, and shall make the same available to the animal control officer on request.

(3)

The owner shall transport a wild animal in accordance with state and federal laws, rules, and regulations, unless excepted by the same.

(Ord. No. 2004-02, § 8, 4-6-04)