Butte County Municipal Code Art. V Wild or Exotic Animals

No person shall own, possess, keep, have, maintain or harbor any wild or exotic animal without first applying to and receiving from the public health director or authorized designee a permit to do so.

(Ord. No. 2020, § 2, 2-28-12)

(a) The application for a permit shall contain the name of the applicant, his address, the address of the proposed location of the animal if different from applicant's and a brief description of the applicant's plan for keeping the animal which shall include the species of animal, the number of individuals of each species and a description of the housing facilities for the animal. Permit fees are adopted by Resolution of the Board of Supervisors as part of the Butte County Master Fee Schedule.

(b) The permit shall be valid for a period of one (1) year from the date of its issuance unless revoked or suspended. The permit shall cover either one (1) animal or a collection, and the maximum number of specimens permitted to be kept shall be specified in the permit. Whenever a new animal or collection is added so as to exceed the maximum number permitted, a new permit must be secured and a new fee must be paid, to the exceptions in subsection (c) of this section. The fee shall be due and payable at the time of issuance of the permit and shall be a prerequisite of such issuance.

(c) Whenever, in any given permit year, there are new animals in a collection due to the reproduction of members of the collection or due to trade, exchange or replacement in the same number and of the same zoological order as the members of the collection traded, exchanged or replaced, the new animals do not require an additional permit during that year, provided the animal control officer is notified in writing of the new animals within thirty (30) days of acquisition.

(Ord. No. 2020, § 2, 2-28-12; Ord. No. 4049, § 2, 9-25-12)

(a) Each succeeding year a renewal permit shall be obtained by a holder of a permit to keep wild or exotic animals. The fee for issuance of a renewal permit shall be fifty dollars ($50.00), and it is due and payable each year on the anniversary of the date of the issuance of the initial permit. If during the preceding year or years more than one (1) initial permit has been issued an applicant, the former permits may be consolidated so that only one (1) renewal permit is required; provided, however, that the renewal date for the consolidated permit shall be the date of the issuance of the earliest initial permit.

(b) A renewal fee for a wild or exotic animal permit shall become delinquent thirty (30) days after it becomes due and payable; and upon delinquency, an additional delinquent fee of twenty-five dollars ($25.00) shall be added to the regular fee. An unpaid delinquent fee shall be added to a succeeding year's renewal fee.

(Ord. No. 2020, § 2, 2-28-12)

(a) Upon receipt of an application for an initial permit by the public health department, the application shall be forwarded to the building inspection section of the county development services department, and designated employees of these departments shall ascertain whether or not the applicant's plan is in conformity with county law governing their respective department.

(b) If the applicant's plan is in conformity with the law governing the departments, departmental approval shall be indicated on the face of the application. If the applicant's plan is not in conformity with the law governing the departments, the face of the application shall be marked "Not Approved," and the reason for nonapproval noted thereon along with any revisions or changes in the applicant's plan which, if made, would result in approval by the department in question.

(c) Upon the approval by the departments of an application for an initial permit or upon the receipt of an application for a renewal permit, the public health director or authorized designee shall make any investigation he or she deems proper. He or she shall approve an application if he or she finds all of the following:

(1) The keeping of the wild or exotic animal at the location specified in the application will not violate any law or ordinance of this county or any law of the state;

(2) The keeping and maintenance of the wild or exotic animal will not endanger the peace, health or safety of persons in the immediate vicinity, or in the county as a whole;

(3) The premises and housing where the wild or exotic animal is to be kept are in a clean and sanitary condition; and any wild or exotic animal will not be subject to suffering, cruelty or abuse;

(4) The applicant has not had a permit provided for herein revoked within a year prior to the date of the application; and

(5) The keeping and maintenance of the wild or exotic animal does not constitute a public nuisance.

(Ord. No. 2020, § 2, 2-28-12)

Any permit issued pursuant to this article may be revoked or suspended as herein provided if, after investigation, the public health director or authorized designee finds any of the following to be true:

(1) The owner, his agent or employee, has been convicted of any offense involving the violation of section 597 of the Penal Code, or any provision of this article, or is in violation of the zoning, health and safety, or building ordinances relating to the keeping of wild or exotic animals;

(2) The owner has failed to keep and maintain the premises or housing for the wild or exotic animals in a clean and sanitary condition;

(3) The owner has, at the place for which the permit is issued, failed to provide any wild or exotic animal with proper food, water, shelter or attention; or

(4) The owner has violated any rules, regulations or conditions adopted by the public health department as necessary to ensure that the wild or exotic animal will not endanger the safety of any person or property.

(Ord. No. 2020, § 2, 2-28-12)

Any person aggrieved by any decision or action resulting from the application of this article may appeal to the board of supervisors of Butte County. The appeal must be in writing and must be received by the clerk of the board of supervisors not more than fifteen (15) days after the service of written notice of the decision or action.

(Ord. No. 2020, § 2, 2-28-12)

Every person violating any provision of this article shall be deemed guilty of a separate offense for each day, or portion thereof, during which the violation continues, and shall be punishable therefor as provided in this section.

(Ord. No. 2020, § 2, 2-28-12)

"Wild or exotic animal" means any of the following:

(1) Following members of the Class Reptilia:

a. Order Ophidia (such as, but not limited to, racers, boas, water snakes and pythons) over eight (8) feet in length; and

b. Order Loricata (such as, but not limited to, alligators, caymans and crocodiles) over four (4) feet in length.

(2) Following members of the Class Aves:

a. Order Falconiformes (such as, but not limited to, hawks, eagles and vultures which are not kept pursuant to federal or state permit); and

b. Subdivision Ratitae (such as, but not limited to, ostriches, rheas, cassowaries and emus).

(3) Following members of the class Mammalia:

a. Order Carnivora, expressly excepting the domestic dog (Canis familiaries) and the domestic cat (Felis catus), but including, but not limited to, the family Felidae (such as ocelots, margays, tigers, jaguars, leopards and cougars), the family Canidae (such as wolves, dingos and jackals, excepting coyotes);

b. Order Marsupialia (such as kangaroos, excepting opossums);

c. Order Chiroptera (bats);

d. Order Edentata (such as sloths, anteaters and armadillos);

e. Order Prosboscidea (elephants);

f. Order Primata (including, but not limited to, chimpanzees and gorillas, excepting monkeys); and

g. Order Ungulata (expressly excluding any animal which would be included within the definition of "domestic animal" and including, but not limited to, antelope, deer, bison and excepting therefrom camels).

(4) Any nondomestic species when kept, maintained or harbored in such a manner as to constitute the likelihood of danger to the animals themselves, to human beings or to the property of human beings.

(5) Any species of animal which is venomous to human beings whether it is venom transmitted by bite, sting, touch or other means, except honey-producing bees.

(Ord. No. 2020, § 2, 2-28-12)

In the performance of his or her duties, an animal control officer shall not have the authority to respond to calls to assist in situations of wild or exotic animals loose and/or at large unless the public health director or designee authorizes such response.

(Ord. No. 2020, § 2, 2-28-12)