Huntington Beach Municipal Code Ch. 7.14 Performance of Wild or Exotic Animals for Public Entertainment or Amusement

It is the purpose and intent of the City of Huntington Beach City Council to protect the public against hazards that wild and exotic animals used in performances for entertainment pose to society and to protect wild and exotic animals from cruel and inhumane treatment.

(3586-12/02)

It shall be unlawful for any person to permit the performance of any wild and exotic animal for public entertainment, amusement or benefit on any public or private property within the City of Huntington Beach.

(3586-12/02)

For the purposes of this chapter only, the following words and terms shall be deemed to mean and be construed as follows:

"Community Development Director"

shall mean the Community Development Director of the City of Huntington Beach or his or her designee.

"Director of Community Services"

means the Director of Community Services of the City of Huntington Beach or his or her designee.

"Display"

means the use or exhibition of animals for educational purposes or to groups of 20 or fewer persons.

"Domestic animal"

means any animal that is livestock, a companion animal, or both. Livestock includes but is not limited to poultry, cattle, swine, sheep, goats and horses. Companion animal means any animal that is commonly kept by a person as a pet or for companionship and includes but is not limited to domesticated dogs, domesticated cats, ferrets, gerbils, guinea pigs, hamsters, horses, mice, rabbits and rats.

"Performance"

means any act, circus, ride, trade show, carnival, parade, race, or similar undertaking in which wild or exotic animals are required to perform tricks, fight, used for photographs with members of the public, or participate as accompaniments in performances for the entertainment, amusement or benefit of an audience. Performance shall not include the display of wild and exotic animals.

"Person"

means any individual, establishment, firm, association, organization, partnership, trust, corporation or company.

"Wild and exotic animal"

means any non-domestic animal and includes any or all of the following orders and families, or similar orders and families whether bred in the wild or in captivity, and any hybrid with domestic animals. The animals listed in parentheses are intended as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals listed, unless otherwise specified:

Non-human primates and prosimians (chimpanzees, monkeys).

Felidae (except domesticated cats).

Canidae (except domesticated dogs).

Ursidae (bears).

Proboscidae (elephants).

Crocodilia (alligators, crocodiles).

Marsupialia (kangaroos, opossums).

Snakes and reptiles of any variety.

Perissodactyla (rhinoceroses, tapirs, but not horses or donkeys or mules).

Artiodactyla (hippopotamuses, giraffes, camels, but not cattle, swine, sheep or goats).

Hyaenidae (hyenas).

Mustelidae (skunks, weasels, otters, badgers).

Procynonidae (raccoons, coatis).

Edentata (anteaters, sloths, armadillos).

Viverridae (mongooses, civets, and genets).

Struthioniformes (ostriches).

Casuariiformes (emus).

(3586-12/02, 4085-6/16)

The Director of Community Services or the Planning Director shall have the power and authority to enforce the provisions of this chapter.

(3586-12/02)

The following are exempt from the provisions of this chapter:

A. Education activities endorsed or accredited by the American Zoo and Aquarium Association.

B. Veterinarians in the ordinary course of a veterinarian's practice of business.

C. Educational activities endorsed or accredited by the Association of Sanctuaries and the American Sanctuary Association.

D. Activities conducted pursuant to a film permit issued by the Community Services Department.

(3586-12/02)

If any section, subsection, subdivision, paragraph, sentence, clause, or phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this chapter or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid, or ineffective.

(3586-12/02)