§ 4-91. Keeping of wild animals.

(a)

Restricted near residential properties; violations and penalties. It is unlawful within the corporate boundaries of the City for any person to possess, keep, permit, suffer, cause, or allow any wild animal within any residence or within 300 feet of any residence or building used for human habitation. Any person who violates this subsection shall be subject to the general penalty provisions of this chapter. Each day any person possesses, keeps, and permits, suffers, causes or allows any wild animal to be kept day violation of this subsection continues shall be separate offense and, further, the keeping of more than one such wild animal in violation of this subsection shall be a separate offense for each such animal.

(b)

Authority to enter property and seize animals. The director or director's designee shall seize all animals found in violation of this section and impound all such animals at the Animal Control Center or other suitable place. The director, ACO, or any law enforcement officer within the county may enter any building to seize an animal which is therein in violation of this section upon the consent of an adult occupant of such building or one having the right of possession of such building, or under a warrant.

(c)

Redemption of impounded wild animal. Upon showing to the director or his delegated authority of clear and convincing proof of right of possession of an impounded wild animal, the animal may be redeemed within seven days of the date of impoundment upon payment of the impoundment fee and boarding fee in accordance with a fee schedule approved by the Mayor and City Council, provided that the animal is not infected or believed to be infected with rabies or any other disease and further provided that the person redeeming the animal submits to the director a sworn affidavit setting out the location where the animal will be kept and certifying that he will not permit, suffer, cause, or allow such animal to be within any residence or within 300 feet of any residence.

(d)

Destruction of unredeemed animals. If such animal is not redeemed within seven days of the date of initial impoundment, the director shall be authorized to destroy such animals in the most humane manner possible.

(e)

Vaccination of wild animals. No person shall vaccinate, or attempt to vaccinate, any wild animal for rabies by the use of live virus vaccine nor shall any person within the City possess, keep, permit, or allow any wild animal that has been vaccinated against rabies with the use of live vaccine.

(f)

Exceptions for animals kept in zoos or for medical, teaching or research purposes. The provisions of this section do not apply to animals kept for treatment in a facility operated by a veterinarian licensed in this state, animals kept in publicly owned zoos, and animals used for research for teaching purposes by a medical or veterinary school, licensed hospital or non-profit university or college providing a degree program.

(Ord. of 4-2-2012(13), § 1(30-101(8)))