East Palo Alto Municipal Code Ch. 6.12 Exotic Animals

The city council of East Palo Alto finds and declares that it intends to provide for the public health, safety and welfare through the regulation and control of exotic animals not otherwise regulated and controlled by federal, state or local laws as hereinafter provided.

These animals are considered to be dangerous animals. Total confinement facilities are necessary to protect the public health and safety and to assure proper animal welfare.

Full compliance with both federal and state regulations is necessary before any permit is considered. Inquiries as to federal and state regulations in regard to specific animal species shall be made to appropriate government bureaus or departments.

(Prior code § 5-10.101)

For the purpose of this chapter, unless it is plainly evident from the context that a different meaning is intended, certain terms used in this chapter are defined as follows:

"Director" means the East Palo Alto city director of public health or his\her authorized deputy or representative.

"Exotic animal" means any of the following:

1. Following members of the Class Aves: Order Falconinformes (such as, but not limited to, hawks, eagles and vultures which are not kept pursuant to federal or state permit), and Subdivision Ratitae (such as but not limited to, ostriches, rheas, cassowaries and eumus);

2. Following members of the Class Mammalia: Order Carnivora, expressly excepting the domestic dog (Canis familaries) and the domestic cat (Felis cattus) and including, but not limited to, the Family Felidae (such as ocelots, margays, lions, tigers, jaguars, leopards and cougars, the Family Canidae such as wolves, dingos, coyotes and jackals), and Order Marsupialia (such as kangaroos and common oppossums (Didelphis marsupialia), and Order Chiroptera (bats) and Order Edentata (such as sloths, anteaters and armadillos), and Order Probosciedea (elephants) and Order Primata (including, but not limited to, monkeys, chimpanzees and gorillas) and Order Ungulata (including, but not limited to, antelope, deer, bison and camels);

3. Any species of animal when kept, maintained or harbored in such numbers or 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;

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

"Impound" means to take possession of and hold in the custody of the director.

"Owner" means any person, firm or corporation owning, having an interest in, or having control, custody or possession of, any exotic animal.

"Person" means and includes any person, partnership, corporation, trust, and association of persons.

"Venomous" means having a gland for the secretion of venom able to inflict a poisoned bite, sting or wound.

(Prior code § 5-10.102)

No person shall own or keep any exotic animal without first applying for and receiving a use permit to do so from the health department.

The application for a health department permit shall contain the name of the applicant, his\her address, the address of the proposed location of the exotic animal (if different from the applicant's) and a brief description of the applicant's plan for keeping the exotic animal which shall include the species of animal, the number of individuals of each species and a description of the housing facilities for the exotic animal, and the reason for the keeping of such animal.

Health department permit fees for keeping of exotic animals shall be established by resolution of the city council. The initial health department fee shall be a filing fee for the issuance of each health department permit. Each permit shall be valid for a period of one year from the date of issuance unless revoked or suspended. The fee may cover either one exotic animal or a collection, and the maximum number of specimens permitted to be kept shall be specified in the permit. Whenever a new exotic animal or collection is added so as to exceed the maximum number permitted, a new health department permit must be secured and a new fee shall be due and payable at the time of issuance of the permit.

Whenever, in any given health department permit year, there are new exotic 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 exotic animals do not require an additional permit during that year, provided the director is notified in writing of the new exotic animals within thirty (30) days of acquisition.

(Prior code § 5-10.103)

Each succeeding year a renewal permit shall be obtained by a holder of a permit to keep exotic animals. The fee for the issuance of a renewal permit shall be the same as that fee currently chargeable for an initial permit, and it is due and payable each year on the anniversary of the date of the issuance of the initial permit. If during the proceeding year or years, more than one initial permit has been issued to an applicant, the other permits may be consolidated so that only one renewal permit is required; provided, however, that the renewal data for the consolidated permit shall be the date of the issuance of the earliest initial permit.

A renewal fee for an exotic animal health department permit shall become delinquent ninety (90) days after it becomes due and payable, and upon delinquency an additional delinquent fee established by resolution of the city council shall be added to the regular fee. An unpaid delinquent fee shall be added to a succeeding year's renewal fee.

(Prior code § 5-10.104)

Upon receipt of an application for an initial health department permit by the director, he shall make any investigation he deems proper. He shall approve an application if he makes all of the findings specified below. Alternatively, the application may initially be forwarded to the public works and health departments of the city or any other appropriate agency if the director, in his\her discretion, concludes that the assistance of such departments\ agencies is necessary in order for him\her to approve the application. Designated employees of those departments shall ascertain whether or not the applicant's plan is in conformity with the law administered by these departments.

If the applicant's plan is in conformity with the law administered by the departments, their approval shall be indicated on the face of the application. If the applicant's plan is not in conformity with the law administered by 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.

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

A. The keeping of the exotic animal at the location specified in the application will not violate any ordinance or other regulation of this city or any law of the state.

B. The keeping and maintenance of the exotic animal will not endanger the peace, health or safety of persons in the immediate vicinity, or in the city as a whole.

C. The premises and housing where the exotic animal is to be kept are in a clean and sanitary condition, and any exotic animal will not be subject to suffering, cruelty or abuse.

D. The applicant has not had a health department permit, issued pursuant to this chapter, revoked within a year prior to the date of application.

E. The keeping and maintenance of the exotic animal does not constitute a public nuisance.

(Prior code § 5-10.105)

Any health department permit issued pursuant to this chapter may be revoked, if, after investigation and a duly noticed hearing, the director finds any of the following to be true:

A. The permittee, his agent or employee has been convicted of any offense involving the violation of Sections 596 to 599 inclusive, of the Penal Code or is in violation of any zoning, health and safety or building ordinance relating to the keeping of exotic animals; or

B. The permittee has failed to keep and maintain the premises or housing for the exotic animal in a clean and sanitary condition; or

C. The permittee has at the place for which the permit is issued, failed to provide any exotic animal with proper food, water, shelter or attention; or

D. The permittee has violated any rules, regulations or conditions adopted by the director as necessary to insure the exotic animal will not endanger the peace, health or safety of any person or property; or

E. The permittee has changed the location of his residence or his place of business or sells, assigns, transfers, donates, leases, or otherwise disposes of the exotic animal for which the permit was issued.

If, after investigation, the director concludes that it is probable that one or more of the above grounds for revocation has occurred, he shall cause written notice thereof to be transmitted by registered mail to the address of the permittee. Such notice shall specify the grounds of possible revocation of the health department permit and shall specify a date and time for an informal hearing to be held before the director thereon. Such date shall be not less than five days subsequent to the date of deposit of the notice in the mail.

After the informal hearing, the director may modify the terms thereof or revoke the health department permit depending upon the permittee's ability and\or willingness to comply with the requirements of this chapter.

In the event that it is reasonably necessary to protect against an immediate threat or danger to the public's and\or animal's health or safety, the director may suspend any health department permit summarily, without a hearing, for a period not to exceed thirty (30) days.

(Prior code § 5-10.106)

Health department permits issued pursuant to the provisions of this chapter shall be surrendered for inspection by the permittee upon the request of the director.

The health department permit shall provide that as a condition for issuance, the premises on which an exotic animal is maintained shall be opened at any reasonable hour for inspection by the director or his designee.

(Prior code § 5-10.107)

The director or his designee shall have the authority to enter the premises at any reasonable hour in a lawful manner, and to take up, impound and safely keep an exotic animal upon denial, revocation or suspension of a health department permit or when any owner refuses to apply for a permit.

(Prior code § 5-10.108)

The director may formulate rules and regulations in conformity with, and for the purpose of carrying out the intent of this chapter. Compliance with such rules and regulations shall be a prerequisite to the issuance and continued validity by the health department of any permit provided for in this chapter.

(Prior code § 5-10.109)

The provisions of this chapter are not applicable to the following:

A. Owners who use animals for diagnostic purposes or research, and who have a valid permit issued by an appropriate state and .....or federal agency and whose animals are kept on the premises specified in the permit;

B. Owners of establishments which treat or board animals on the premises and which are owned or operated by veterinarians licensed by the state;

C. Owners of establishments licensed to keep animals for the purpose of resale whose animals are kept on the premises of such establishment or other authorized place.

(Prior code § 5-10.110)

Any person aggrieved by any decision or action resulting from the application of this chapter may appeal to the city council within five days from the date of the denial of the health department permit. The filing of an appeal shall stay the decision or action appealed from; provided, that the filing of an appeal shall not stay any order of suspension or revocation.

(Prior code § 5-10.111)