HomeMy WebLinkAbout~Master - Regulating the Keeping of Dangerous Wild Animals 'v %
ORDINANCE NO. 2936
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF
THE CITY OF AMES, IOWA BY ENACTING, AS A DIVI-
SION OF CHAPTER 3, PERTAINING TO ANIMALS, REGU-
LATIONS FOR THE KEEPING OF DANGEROUS WILD
ANIMALS, PROVIDING PENALTIES, AND ESTABLISHING
AN EFFECTIVE DATE
BE IT ORDAINED, by the City Council of the City of Ames, Iowa:
Section One. The Municipal Code of the City of Ames shall be and is
hereby amended by enacting a new division of Chapter 3, Animals, as fol-
lows:
"DIVISION II
DANGEROUS WILD ANIMALS
Sec. 3.12. PURPOSE AND SCOPE.
(1) The purpose of Sections 3. 12 through 3.21 is to establish regula-
tions to protect the public from the hazards associated with dan-
gerous animals of wild species which are now or may hereafter be
kept in the City.
(2) These regulations shall apply to all those animals of the kinds
hereinafter listed, and any other dangerous wild animal not listed,
except those which are expressly exempted. In that regard, a
dangerous wild animal is any wild animal species which, if not
properly kept when in captivity, is known to have caused serious
injury, death, or disease to humans, or is manifestly capable of
doing so. Questions or disputes as to whether a certain animal
shall be subject to these regulations shall be judged by the Ames
Humane League, as hereinafter provided for, on the basis of
reasonable evidence and expert opinion presented in a public
hearing, including the testimony or report of the city animal
control officer.
(3) The following are exempt from these regulations:
(a) Domestic ferrets, hamsters, gerbils, guinea pigs, domestic
hares, rabbits, and domestic rodents.
(b) Macropodidae, e.g. kangaroos and wallabies;
(c) Dosypodidae, e.g. armadillos;
(d) Canis familiaris, e.g. domestic dogs;
(e) Felis domestica, e.g. domestic cats;
(f) Camelidae, e.g. camels and llamas;
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(g) Cervidae, e.g. deer;
(h) Antilocopridae, e.g. pronghorn antelopes;
(i) Bovidae, e.g. buffalo;
(j) Wild Iowa rodents, rabbits and hares if the keeper has a
valid Iowa Collectors Permit from the Iowa State Conservation
Commission.
(4) The following animals, unless exempted above, are subject to these
regulations:
(a) Didelphidae, e.g. opossums;
(b) Chiroptera, e.g. bats;
(c) Lemuridae, e.g. lemurs;
(d) Cebidae and Cercopithecidae, e.g. monkeys and baboons;
(e) Callithricidae, e.g. marmosets, tamarins;
(f) Pongidae, e.g. gibbons, orang-utans, chimpanzees, gorillas;
(g) Mymecophagidae, e.g. anteaters;
(h) Leporidae, e.g. non-domestic rabbits and hares except as
provided for by 3-j above;
(i) Sciuridae, e.g. squirrels, woodchucks, prairie dogs and
chipmunks;
(j) Geomyidae, e.g. gophers;
(k) Castoridae, e.g. beavers;
(1) Canidae, e.g. non-domestic dogs, wolves, coyotes, foxes,
jackels, wolf-dog crosses, and coyote-dog crosses;
(m) Ursidae, e.g. bears;
(n) Procyonidae, e.g. raccoons, pandas, kinkajous;
(o) Mustelidae, e.g. weasels, minks, skunks, wolverines, otters,
and polecats;
(p) Viverridae, e.g. civets and mongooses;
(q) Hyaenidae, e.g. hyaenas and aardwolves;
(r) Felidae, e.g. lynxes, bobcats, pumas, jaguars, lions and
tigers;
(s) Helodermatidae, e.g. gila monsters;
(t) Crotalidae, e.g. rattlesnakes, copperheads, and all other pit
vipers;
(u) Viperidae, e.g. puff adders and all true vipers;
(v) Elapidae, e.g. cobras and coral snakes;
(w) Hydrophiidae, e.g. sea snakes
(x) African boomslang and African bird snake;
(y) Those more than six feet long of the following: anaconda,
boa constrictor, amythistine python, African rock python,
Burmese python, and reticulated python;
(z) Crocodylidae, e.g. crocodiles, alligators and caimans.
Sec. 3.13. REGISTRATION REQUIRED.
(1) All animals within the scope of section 3. 12(4) shall be registered
with the City Animal Control officer by an adult person responsible
for the keeping of the animal. Failure or refusal to register each
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such animal, stating the animals location and identifying character-
istics, on forms provided by the city, shall constitute a violation
of the Ames Municipal Code and be punishable as such. Failure to
re-register if the animal's keeper is changed, or it is moved to
another location, or to report an animal as missing, shall also be a
violation hereof.
(2) The registration of an animal shall be renewed annually. The
premises and facilities where such registered animals are kept shall
be inspected annually, unless there is reason to believe animals
are being improperly kept or cared for, in which case inspections
may be made as the animal control officer deems necessary. The
city council may establish a schedule of fees to cover costs of
administration and inspection.
Sec. 3. 14. DISPOSITION OF UNCARED FOR ANIMALS.
In the event that the city animal control officer encounters or learns of
a dangerous wild animal being uncared for by reason of the death or absence
of its keeper, or if such an animal is loose upon public or private property,
the city animal control officer shall take the animal into protective custody
and reasonable efforts made to learn the identity of persons lawfully entitled
to have the animal. If no such person can be found within a reasonable,
but not less than 7 days' time, the animal shall be disposed of in a humane
manner. Disposition may be to return the animal to the wild if it is known
that the animal is a native to Iowa and is capable of survival. The animal
control officer will seek expert advice from persons designated by the Ames
Humane League on the proper keeping and disposition of such animal.
Sec. 3. 15. PROHIBITED ANIMALS.
Registration and keeping of certain animals, as specified in this section,
shall not be allowed. The keeping of such an animal shall be a violation
hereof and punishable as such. Furthermore, after notice and opportunity
for hearing, the animal control officer shall take such animals into protective
custody pending appropriate disposition.
(1) Bears, large cats, and wolves shall not be permitted unless the
animal was being kept prior to the effective date of this ordinance
and the animal is kept under conditions which meet the security
and space requirements of this ordinance.
(2) Imported mammals shall not be permitted unless the owner shows
documentation of entry through a licensed quarantine station and
shows an official certification of health.
(3) Wild species which are hazards of rabies or plague transmission,
e.g. skunks, raccoons, foxes, bats and mongooses, and rodents
captured in plague endemic areas, shall not be permitted unless
there is produced certification by a state or federal regulatory
agency that the animal was born and maintained continuously in
captivity in accordance with all applicable regulations.
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Sec. 3. 16. CARE AND FEEDING OF ANIMALS.
(1) Keepers of animals subject to these regulations shall provide ade-
quate treatment for such animals, and all appropriate care, includ-
ing veterinary care, to maintain the health of the animal. If the
animal control officer has evidence that such animal is not being
provided proper nutrition and health care, the said officer may,
after notice and opportunity for hearing, take such animal into
protective custody pending veterinary evaluation.
(2) All animals subject to these regulations shall be kept under condi-
tions which meet the federal standards set out in the Code of
Federal Regulations, Title 9, Part 3, Animals and Animal Products,
in so far as said regulations pertain to: structural strength of
facilities, water, electrical safety, waste disposal, heating, ventila-
tion, shelter from sunlight, shelter from rain and snow, shelter
from wind and cold, drainage, cleaning and sanitation, pest con-
trol, feeding and watering. Copies of said regulations shall be
kept on file by the animal control officer.
Sec. 3. 17. MAMMAL SECURITY STANDARDS.
All mammals subject to these regulations shall be kept only in a manner
that substantially conforms to the following standards:
(1) A sign to identify the species being kept, by its common name,
shall be displayed on the holding pen.
(2) Mammals shall be kept in locked holding pens or locked cages.
(3) The following pen and fence requirements apply to the mammalian
orders as stated. A "C" means that a ceiling is required on the
pen. A "P" means that a perimeter fence is required in addition
to the pen. A required perimeter fence shall be at least four (4)
feet out from, and entirely surrounding the primary holding pen,
and shall be at least five feet high. An "N" means that no peri-
meter fence is required.
(a) Didelphidae - Chain link fence and concrete floor; or wood
frame cage with 1/4" - 1/2" mesh hardware cloth; or room in
a house with screen or 1/4" mesh hardware cloth over window
openings; P, C
(b) Myrmecophagidae - Chain link fence and concrete floor; P, C
(c) Chiroptera - Wood frame cage with 1/4" mesh hardware cloth
or 3/16" plate glass; or large aquarium with fitted wood frame
and 1/4" mesh hardware cloth top; N, C
(d) Primates - Wire cage or chain link fence and concrete floor;
P, C
(e) Leporidae - Wood frame cage and chicken wire or 1/4" - 1/2"
mesh hardware cloth; N
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(f) Sciuridae - Strong all-metal cage; N (except for woodchucks),
C
(g) Geomyidae - Large Aquarium; N
(h) Castoridae - Chain link fence and concrete floor; P
(i) Cricetidae - Commercial mouse cage or aquarium with fitted
wood frame and 1/4" mesh hardward cloth top; N, C
(j) Canidae - Chain link fence and concrete floor; P, C
(k) Procyonidae - Chain link fence and concrete floor or strong
metal cage; P, C
(1) Mustelidae - Chain link fence and concrete floor or strong
metal cage; for small weasels - aquarium with fitted wood
frame and 1/4" mesh hardware cloth top or strong metal cage;
P, C
(m) Hyaenidae - Chain link fence and concrete floor; P, C
(n) Viverridae - Chain link fence and concrete floor; P, C
(o) Ursidae - Chain link fence and concrete floor; P, C
(p) Felidae (larger than bobcat and ocelot) - Chain link fence
and concrete floor; P, C
(q) Felidae (bobcat and ocelot or smaller) - Chain link fence and
concrete floor; P,C; or room in house with screen or 1/4"
mesh hardware cloth over window openings in this room
(r) Perissodactyla - Chain link or woven wire or barbed wire
fence; N
(s) Artiodactyla - Chain link or woven wire or barbed wire fence
(4) The perimeter fence is not required if there is a primary holding
pen that is located entirely within an enclosed building.
Sec. 3.18. SPACE REQUIREMENTS FOR CERTAIN MAMMALS.
The following states the total required combined measurements for
holding and exercise enclosures, for which substantial compliance shall be
required. For each additional animal, add 250 of the stated amount. Infant
animals in pet stores shall be exempt for not more than two weeks.
SPECIES FLOOR (ft.2) HEIGHT (ft.)
Opossum (1-2) 100 4-7
Prairie Dog 50 5
Agouti 100 6
Porcupine 150 7
Foxes (various species) 125 7
Coyote 200 7
Dingo 200 7
Wolf 2000 7
American Black Bear 3000 10
Kinkajoo 80 7
Raccoon and Coati 100 7
Wild Ferrets 25 5
Skunk 100 5
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Otter 250 7
Tayra 100 7
Grison 100 7
Cougar 2000 12
Leopard 2000 12
Jaguar 2000 12
Cheetah 2500 12
Lion 2500 12
Tiger 2500 12
Lesser Cats (less than 20 lb.) 100 7
Lesser Cats (more than 20 lb. 250 7
Wild Goats & Sheep 1500 6
Hyaenas 500 7
Civets & Mongooses 100 5
Beavers 100 7
Pocket Gophers 25 2
Squirrels 50 7
Woodchuck 50 5
Chipmunks & Ground Squirrels 10 2
Wild Small Rodents (mice, etc. ) 0.5 0.5
Wild Rabbits & Hares 50 5
Anteaters 250 7
Apes 500 10-12
Old World Monkeys & Baboons 500 10-12
New World Monkeys 500 10-12
Lemurs 100 7
Marmossets & Tamarins 100 7
Bats 50 5
Sec. 3. 19. Space Requirements for Reptiles.
The following space requirements, for which substantial compliance shall
be required, are applicable to the keeping of reptiles which are subject to
these regulations:
(1) Helodermatidae: A cage as wide as and twice as long as the
lizard's total length and 12 inches high. For each additional lizard
in the same cage, take the floor area needed by the largest occu-
pant and increase it by 250.
(2) Snakes: Half a square foot of floor space per foot of length for a
snake up to six feet long. One square foot of floor space per foot
of length for a snake up to ten feet long. Two square feet of
floor space per foot of length for a snake over ten feet. For each
additional snake in the same cage, take the floor area needed by
the largest occupant and increase it by 25 0.
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(3) Crocodiles and their allies: There must be a pool of water as wide
as and twice as long as the crocodilian's total length. It must be
deep enough for total submersion. There must be a dry area as
long and as wide as the occupant's total length. For each addi-
tional specimen in the same cage, take the area needed by the
largest occupant and increase it by 25 0.
Sec. 3.20. Keeping of Venomous Reptiles.
(1) No person shall be permitted to keep venomous reptiles unless they
have first demonstrated two years of secure and humane keeping
of harmless snakes. Thereafter the person shall be restricted for
one year to the keeping of non-lethal venomous reptiles, e.g.
copperheads, pigmy rattlesnakes, and sidewinders.
(2) It shall not be permitted to keep venomous reptiles in buildings
containing more than one dwelling unit.
(3) Venomous reptiles shall be kept in locked cages in locked rooms
and the cage shall be labeled to identify the reptile contained.
(4) Venomous reptiles that have had duct legation surgery shall never-
theless be regarded as subject to these regulations.
(5) Cages shall be so constructed as to not break or give way as a
result of reasonable foreseeable accident or misuse.
Sec. 3.21. Keeping of Large Non-Venomous Reptiles.
(1) No person shall be permitted to keep a snake as specified in Sec-
tion 3. 12(4)(y) unless the person can show two years of exper-
ience in the secure and humane keeping of constricting snakes.
(2) Snakes as specified in 3.12(4)(y) shall be kept in locked cages in
locked rooms.
(3) Cages shall be so constructed as to not break or give way as a
result of reasonably forseeable accident or misuse.
(4) No person shall be permitted to keep a reticulated python, African
rock python or an anaconda except after demonstrating to the
satisfaction of the animal control officer that the person has suffi-
cient knowledge and experience to keep such reptiles in a safe and
humane manner.
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Sec. 3.22. TRAVELING WILDLIFE, MENANGERIES, SHOWS, PETTING ZOOS.
(1) Non-resident persons, itinerant shows, traveling menangeries,
traveling petting zoos, and similar displays of wildlife that travel
from place to place, shall not bring any dangerous wild animal, as
defined in Sec. 3.12(2) hereof into the City of Ames without a
permit from the City of Ames animal control officer. To obtain
that permit an application shall be made in writing to the animal
control officer stating the number and species of animals, antici-
pated intinerary, scheduled stops, and the purposes for bringing
the animal or animals into the city. The permit shall be issued
provided the applicant can demonstrate advance compliance with
the standards of the Ames Municipal Code, or in the alternative,
meet the federal standards set out in CFR Title 9, Part 3, Animals
and Animal Products, including those standards governing the
transportation of animals, while the applicant's animals are within
the city. The permit shall be valid for one (1) year, but the
animal control officer shall be notified of the time, date and place
of each and every exhibition not less than twenty-four hours in
advance thereof. Fees shall be set by the city council on the
basis of costs. Fees shall be differentiated between reasonable
classifications and categories of exhibitors when there is a signifi-
cant difference in costs of administration with respect to each
classification.
(2) This section and the preceding sections of Division II of Chapter 3
of the Ames Municipal Code shall not apply to common carriers.
Sec. 3.23. EXEMPTIONS.
The following are exempt from the requirements of Division II of Chap-
ter 3 of the Ames Municpal Code:
(1) A person possessing or having custody of a sick or injured animal
in the city solely for the purpose of transporting the animal to a
veterinarian for care, or to an animal shelter operated by the City
of Ames, or to a State or Federal facility with authority or appar-
ent authority to handle the animal.
(2) Private veterinarians, animal hospitals or clinics, provided such
persons or establishments notify the animal control officer on the
same day that they obtain custody of the animal.
(3) Any "research facility" within the meaning of Section 2(e) of the
Federal Animal Welfare Act, 7 U.S.C. Sec. 2132(e), licensed by
the Secretary of Agriculture of the United States pursuant to that
Act.
Sec. 3.24. RESIDENT EXHIBITORS PERMIT.
(1) A permanent resident of the City may, either at the time of the
initial registration of an animal covered by these regulations, or at
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any other time, apply to the animal control officer for a permit to
exhibit such animal or animals at places other than the site where
the animal is kept. This shall be an annual permit for which a
reasonable fee shall be set by the city council. Such animal shall
not be taken off the premises of the site where the animal is kept
without said permit, and the animal control officer shall be notified
twenty-four hours in advance of each exhibition, of the time, date
and place thereof.
(2) The animal control officer shall grant such permit to persons who,
upon questioning by the said officer, demonstrate such knowledge
of the aninal and its behavioral characteristics, and such personal-
ity traits as to give no reason to doubt the ability of the applicant
to exhibit the animal without substantial risk of harm to the animal
or to persons to whom the animal is exhibited.
(3) When exhibiting an animal off the premises of where the animal is
kept the exhibitor shall have a strict duty of care. If the animal
escapes, for any reason whether the exhibitor's fault or not, or if
any harm occurs to the animal, or to any person during such
exhibition, the exhibition permit shall then be, ipso facto, revoked
and null and void and any further exhibition off premises shall be
Punishable as a violation hereof.
Section Two. Violation of the provisions of this ordinance shall consti-
tute a misdemeanor punishable by a fine of not more than one hundred
dollars, or by imprisonment for not more than thirty days.
Section Three. Any and all ordinances or parts of ordinances in con-
flict herewith are hereby repealed to the extent of such conflict, if any.
Section Four. This ordinance shall be in full force and effect from and
after its passage and publication as required by law.
Passed this _rth day of October
1985.
00,
rTancy ibbon ity Clerk
aul Goodland, Mayor
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