Irvine Municipal Code Ch. 10 Wild, Exotic, and Nondomesticated Animals

No person shall keep or maintain any wild, exotic, nondomesticated animal or poisonous reptile within the corporate City limits without first obtaining a permit from the Director of Public Safety or his or her designee. In addition to all information required in the application, the applicant shall substantiate to the satisfaction of the Director of Public Safety or his or her designee the following facts:

A. That the wild/exotic, nondomesticated animal, or poisonous reptile at the proposed location will not jeopardize, endanger or otherwise constitute a menace to the public health, safety or general welfare; and

B. That the proposed site is adequate in size and shape to accommodate the number and type of animals for which the permit is requested/approved and will not result in harm to the animals or reptiles or material detriment to the use, enjoyment or valuation of the property of other persons located in the vicinity of the site.

(Ord. No. 09-10, § 1, 9-22-09)

The fee for a wild/exotic or nondomesticated animal or poisonous reptile permit shall be set by resolution of the City Council, which may be amended from time-to-time.

(Ord. No. 09-10, § 1, 9-22-09)

Each application for a permit required by this chapter shall be in writing upon a form to be furnished by the Director of Public Safety or his or her designee. Said application shall contain such information as the Director of Public Safety or his or her designee shall require.

(Ord. No. 09-10, § 1, 9-22-09)

A. The animal services officer may, after inspection of those animals and facilities for which the application is filed, and after review of any received or solicited community input, or other related information pertaining to the keeping of wild/exotic/non-domesticated or poisonous animals, recommend that such a permit be issued to the applicant. The animal services officer shall determine the appropriate number of animals that are reasonable to be kept at the intended location. The Director of Public Safety or his or her designee may, after consideration of the officer's report and recommendations, and any other information or community input, issue a permit to the applicant if he or she finds that all of the following conditions are met:

1. The keeping of animals in the manner and at the place set forth in the application will not violate any applicable federal, State, or local law, regulation, or ordinance.

2. The keeping of animals will not endanger the health, peace or safety of the community.

3. The premises where the animals are kept will be maintained in a clean and sanitary condition, and the animals will not be subjected to suffering, cruelty or abuse.

4. The applicant has not had a similar permit revoked within six months prior to the new application being filed.

5. The applicant has not been convicted of any offenses involving the violation of California Penal Code §§ 596 through 599, inclusive, or any successor statutes thereto, or any provision of this chapter, or any other applicable federal, State, or local law, regulation, or ordinance.

6. The applicant has at no time failed to provide any animal in his or her possession, care or control with sufficient food, drink or shelter.

7. The applicant can comply with any conditions or restrictions that may be deemed appropriate by the Director of Public Safety or his or her designee.

B. If the Director of Public Safety or his or her designee finds that one or more of the conditions set forth above are not satisfied, he or she shall deny the permit.

(Ord. No. 09-10, § 1, 9-22-09)

Failure to comply with the requirements set forth in any permit issued under the provisions of this chapter is a violation of this Municipal Code subject to the enforcement and revocation or suspension procedures as prescribed and set forth in Chapter 13 of this division. A permit issued under the provisions of this chapter may be revoked or suspended upon failure of the permittee to comply with:

1. Any of the conditions or terms of approval of such permit; or

2. Any applicable federal, State, or local law, regulation, or ordinance in the exercise of any rights under said permit.

(Ord. No. 09-10, § 1, 9-22-09)

Any decision of the Director of Public Safety or the Animal Services Supervisor, or their respective designee(s), under the provisions of this chapter may be appealed in accordance with the procedures prescribed and set forth in Chapter 14 of this division.

(Ord. No. 09-10, § 1, 9-22-09)

No person owning or having charge, care, custody, control or possession of any wild/exotic, nondomesticated animal or poisonous reptile or operating any wild animal establishment shall fail, refuse, or neglect to keep such animals under proper confinement on the premises, or cause, suffer, permit, fail to confine or allow the same to run at large on any public street, property or place, schoolyard, common area, park open space, trail, or to be on the private property of a person other than the owner or harborer of such animal without first receiving written permission of the other property owner, nor shall any such person maintain any wild/exotic animal on or within any premises in such manner as to endanger the life or limb of any person lawfully entering such premises.

(Ord. No. 09-10, § 1, 9-22-09)

This chapter shall not apply to any wild/exotic, nondomesticated animal or poisonous reptile caged in a safe and humane manner while being transported through the City or while such animal/reptile is within the City under the control of a City-licensed circus, carnival, traveling show or collection of animals/reptiles for exhibition.

(Ord. No. 09-10, § 1, 9-22-09)

It shall be unlawful for any person to have, keep or maintain any unpermitted hive or swarm of bees within the City. The provisions of this section shall not apply to the keeping of bees in nonresidential zones as part of an educational institution for study or observation or a physician's office or laboratory for medical research, treatment, or other scientific purposes, provided that the bees are not permitted to fly at large. In any nonresidential zone where City zoning expressly permits the keeping of hives or swarms of bees, bees may be kept and maintained in compliance with all applicable municipal and zoning codes, but in no case may a person keep or maintain any hive or swarm of bees within 100 yards of any bicycle trail or lane, equestrian trail, pedestrian right-of-way, or residential district.

(Ord. No. 09-10, § 1, 9-22-09; Ord. No. 22-07, § 3(Exh. A), 5-10-22)