Paradise Municipal Code Ch. 6.24 Wild Animals

"Wild animal" means any of the following:

A. Following members of the Class Reptilia:

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

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

B. Following members of the Class Aves:

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

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

C. Following members of the Class Mammalia:

1. Order Carnivora, expressly excepting the domestic dog (canis familiaris) 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),

2. Order Marsupialia (such as kangaroos, excepting opossums),

3. Order Chiroptera (bats),

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

5. Order Proboscidea (elephants),

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

7. 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);

D. 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;

E. 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. 57 §8(H), 1982)

A. No person owning or having charge, custody, control or possession of any wild animal known by such person to be vicious or dangerous, or commonly so known, shall permit or allow the same to be at large upon any highway, street, lane, alley, court, or other public place or upon any private property other than within the enclosed premises of such person.

B. Any dog having a disposition or propensity to attack or bite any person or animal without provocation is defined as "a wild or vicious animal." The director of animal control, or his designee, shall notify the owner or harborer in writing to keep such animal within a substantial enclosure or securely attached to a chain under such circumstances. If such restraint is impossible or impracticable, such animal shall be impounded until the owner or harborer is able to comply with the director of animal control's order. If, upon receiving the written notification, the owner or harborer fails to provide adequate restraint or control of the animal as ordered by the director of animal control, or his designee, within a reasonable time, the animal shall then be subject to summary destruction.

C. Where the official records of the director of animal control indicate a dog has bitten any person or persons or animal on two or more separate occasions, it shall be prima facie evidence that the dog is a wild or vicious animal. (Ord. 123 §1(part), 1984)

No person shall own or possess any wild animal within the town limits without first applying to and receiving from the director of animal control a permit to do so. (Ord. 123 §1(part), 1984: Ord. 57 §8(A), 1982)

The application for a permit required pursuant to this chapter 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 town, 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. 123 §1(part), 1984: Ord. 57 §8(B)(1), 1982)

The initial fee for the issuance of each permit shall be by council resolution and shall be valid for a period of one year from the date of its issuance unless revoked or suspended. The fee shall cover either one 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 6.24.050. The fee shall be due and payable at the time of issuance of the permit and shall be a prerequisite of such issuance. (Ord. 57 §8(B)(2), 1982)

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 days of acquisition. (Ord. 123 §1(part), 1984: Ord. 57 §8(B)(3), 1982)

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 initial permit has been issued an applicant, the former permits may be consolidated so that only one 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 days after it becomes due and payable, and upon delinquency, an additional delinquent fee of twenty dollars shall be added to the regular fee. An unpaid delinquent fee shall be added to a succeeding year's renewal fee. (Ord. 57 §8(C), 1982)

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 town 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. 123 §1(part), 1984; Ord. 57 §8(D)(1), 1982)

If the applicant's plan is in conformity with the law governing the departments provided for in Section 6.24.070, 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. (Ord. 57 §8(D)(2), 1982)

Upon approval by the departments provided for in Section 6.24.070 of an application for an initial permit or upon the 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 town 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 town 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. 123 §1(part), 1984: Ord. 57 §8(D), 1982)

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 animals 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 insure that the wild animal will not endanger the safety of any person or property. (Ord. 123 §1(part), 1984: Ord. 57 §8(E), 1982)

Any person aggrieved by any decision or action resulting from the application of this chapter may appeal to the town council. The appeal must be in writing and must be received by the town clerk not more than fifteen days after service of written notice of the decision or action. A public hearing may be requested by the party aggrieved by the decision. If a hearing is requested, the town council shall set a time for the hearing. At least fifteen days' notice shall be given. The decision of the town council shall be final. (Ord. 123 §1(part), 1984: Ord. 57 §8(F), 1982)

Every person violating any provision of this title is guilty of a separate offense for each day, or portion thereof, during which the violation continues. (Ord. 57 §8(G), 1982)

A. Purpose and Findings. The town council of the town of Paradise does find that hunting and trapping of wild vertebrate animals within the town limits creates a significant hazard to the health, safety and welfare of its citizens. This section is enacted to protect the health, safety and welfare of persons within the town limits.

B. Definition. For purposes of this section, the term "wildlife" means any and all vertebrate animals.

C. Hunting and Trapping of Wild Animals Within the Town Limits Prohibited. It is unlawful within the town to shoot, trap, snare, capture, wound, poison, molest or kill any species of wildlife or to take or destroy the nests or eggs or young of any wildlife, with the exception of any poisonous reptiles, mice, rats, gophers, moles or insects; provided, however, that if it shall be determined by the health officer or the director of animal control services, or his or her authorized representatives, that wildlife has become a menace to any person's health, safety or property, the health officer or the director of animal control services, or his or her authorized designee, shall issue a permit authorizing a licensed pest control provider to trap such wildlife in a manner prescribed by the director of animal control services. In no event shall any person use or employ poison or deceased material to kill or capture wildlife. Because of their lesser danger to citizens, all permits authorizing trapping shall require the use of "live animal" trap which are approved by animal control. All traps shall be checked daily and used only on private property with the property owner's permission. All traps will be placed in a manner to protect the animal from rain or snow. All skunks will be disposed of in a humane manner, and in accordance with state and local laws. Any animal trapped, other than a skunk, will be released at the location where trapped.

D. Notwithstanding any other provisions of this code, it is lawful to trap feral cats, as defined under Food and Agriculture Code Section 31752.2, on private property with the prior permission of the private property owner without a permit. Only "live animal" traps shall be used, and traps shall be placed in such a manner to protect the animal from rain or snow. If a skunk is inadvertently trapped, it will be referred to a licensed pest control provider for disposal. If any other animal, including a cat displaying a tag containing the name, address and telephone number of the owner, is inadvertently trapped, it shall be released at the location where trapped. All trapped feral cats shall be either disposed in a manner as prescribed by state and local laws, taken to a veterinarian to be neutered, or adopted as a pet. All trapping, transportation, disposal and neutering shall be at the sole expense of the person conducting the trapping. (Ord. 334 §2, 1999: Ord. 325 §1, 1999: Ord. 154 §1, 1986)