Nevada City Municipal Code Ch. 6.28 Wild and Exotic Animals

A. No person shall have, keep, maintain, sell, trade or let for hire any wild, exotic, dangerous or nondomestic animal without first applying to and receiving a permit from the director of animal control. The keeping or maintenance of such animals shall also conform to the appropriate zoning codes.

B. The director may authorize the keeping or maintenance of any wild, exotic, dangerous or nondomestic animal when in his opinion any such animal may be kept or maintained without endangering the safety of any person or property; provided, however, that the director may require any such animal to be properly caged, tethered or restrained, and he may make such additional requirements that may be necessary and proper under the circumstances. He may revoke such authorization when, in his opinion, the safety of any person or property is endangered by the keeping of any such animal.

(Ord. 92-10 § 2 (part), 1992)

No person shall own or possess any wild animal within the city limits without first applying to and receiving from the director of animal control a permit to do so.

(Ord. 92-10 § 2 (part), 1992)

The application for a permit required pursuant to this article shall be made to the director of animal control in writing and upon a form furnished by the director of animal control as so required. The application shall be verified by the person who desires to have, keep, maintain or have in his possession, or under his control, in the city, the wild animal for which a permit is required, and shall set forth the following:

A. Name, address and telephone number of the applicant;

B. The applicant's interest in such wild animals;

C. The proposed location, and the name, address, and telephone number of the owner of such location, and of the lessee, if any;

D. The number and general description of all wild animals for which the permit is sought;

E. Any information known to the applicant concerning vicious or dangerous propensities of all such wild animals;

F. The housing arrangements for all such wild animals with particular details as to safety or structure, locks or fencing;

G. Safety precautions;

H. Noises or odors anticipated in the keeping of such wild animals;

I. Prior history of incidents involving the public health or safety involving any of the wild animals;

J. Any additional information required by the director of animal control at the time of filing such application or thereafter.

(Ord. 92-10 § 2 (part), 1992)

The initial fee for the issuance of each permit shall be by council resolution and shall be valid for a period of one (1) year from the date of its issuance unless revoked or suspended. The fee shall be for 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 subject to the exceptions in Section 6.28.090. The fee shall be due and payable at the time of issuance of the permit and shall be a prerequisite of such issuance.

(Ord. 92-10 § 2 (part), 1992)

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 director of animal control is notified in writing of the new animals within thirty (30) days of acquisition.

(Ord. 92-10 § 2 (part), 1992)

A. Each succeeding year a renewal permit shall be obtained by a holder of a permit to keep wild animals. The fee for the issuance of a renewal permit shall be by council resolution, 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 animal permit shall become delinquent ninety (90) days after it becomes due and payable, and upon delinquency, an additional delinquent fee be added to the regular fee. An unpaid delinquent fee shall be added to a succeeding year's renewal fee.

(Ord. 92-10 § 2 (part), 1992)

Upon receipt of an application for an initial permit by the director of animal control, the application shall be forwarded to the building inspection department of the city, the police department, the fire department and the public health department of the county, and designated employees of these departments shall ascertain whether or not the applicant's plan which, if made, would result in approval by the department in question.

(Ord. 92-10 § 2 (part), 1992)

If the applicant's plan is in conformity with the law governing the departments provided for in Section 6.28.070, department 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 on it along with any revisions or changes in the applicant's plan which, if made, would result in approval by the department in question.

(Ord. 92-10 § 2 (part), 1992)

Upon approval by the departments provided for in Section 6.28.070 of an application for an initial permit or upon receipt of an application for a renewal permit, the director of animal control shall make any investigation he deems proper. He shall approve an application if he finds all of the following:

A. The keeping of the wild animal at the location specified in the application will not violate any law or ordinance of the city or any law of the state;

B. The keeping and maintenance of the wild 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 wild animal is to be kept are in a clean and sanitary condition, and any wild animal will not be subject to suffering, cruelty or abuse;

D. The applicant has not had a permit provided for in this chapter revoked within a year prior to the date of application;

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

(Ord. 92-10 § 2 (part), 1992)

Any permit issued pursuant to this chapter may be revoked or suspended as provided in this section if, after investigation, the director of animal control finds any of the following to be true:

A. 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 chapter, or is in violation of the zoning, health and safety or building ordinances relating to the keeping of wild animals; or

B. The owner has failed to keep and maintain the premises for housing for the wild animal(s) in a clean and sanitary condition; or

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

D. The owner has violated any rules, regulations or conditions adopted by the director of animal control as necessary to ensure that the wild animal will not endanger the safety of any person or property.

(Ord. 92-10 § 2 (part), 1992)

Any person aggrieved by any decision or action resulting from the application of this article may appeal to the city council. The appeal must be in writing and must be received by the city clerk not more than fifteen (15) days after service of written notice of the decision or action. A public hearing may be requested by the party aggrieved by the decision. Any such appeal shall be accompanied by the appropriate fee in an amount established by council resolution. If a hearing is requested, the city clerk shall set a time for the hearing. At least ten (10) days' notice shall be given. The decision of the city council shall be final.

(Ord. 92-10 § 2 (part), 1992)