§ 6-35. Prohibited animal permits.
(a)
Categories I, III, IV and VI permits.
(1)
The animal services manager may issue a permit to harbor a category I, III, IV and VI prohibited animal only if the following requirements are met:
a.
The premises where the applicant will harbor the animal is not zoned or used for any residential purpose and is at least two hundred fifty (250) feet from a lot zoned or used for residential purposes measured in a straight line from lot line to lot line;
b.
The applicant correctly completes a prohibited animal application form and pays a two hundred fifty dollars ($250.00) nonrefundable application fee;
c.
The applicant has filed all required licenses from the United States Department of Agriculture, Animal and Plant Health Inspection Service and all other required licenses from the state or federal government for the animals and files it with the animal services manager;
d.
The applicant provides to the city a program prepared and signed by a licensed veterinarian detailing veterinary care for the prohibited animal;
e.
The applicant furnishes the city with a hold harmless and indemnity agreement approved by the city attorney relieving the city of liability and indemnifying the city and its employees for any damages, costs of court, and attorney's fees which result from maintaining the prohibited animal within the city; and
f.
The applicant furnishes the city a policy of insurance in an amount not less than two hundred fifty thousand dollars ($250,000.00) for each injury caused to persons, animals, or property by the prohibited animal; naming the city as an additional insured, and containing a provision requiring notice to the city before the insurance can be terminated.
(2)
The applicant shall file plans with the animal services manager for the construction of the facilities in which the prohibited animal shall be maintained signed by a licensed veterinarian.
(3)
The animal services manager shall give notice to all property owners within five hundred (500) feet of the lot where the prohibited animal will be harbored at least ten (10) days prior to public hearing.
(4)
A hearing on an application for a prohibited animal permit shall be before the dangerous animal board and will follow the procedures established by that board.
(5)
If the animal services manager approves the plans, the owner or harborer shall construct the facilities in which the prohibited animal is to be maintained in compliance with the plans and have them inspected and approved by a licensed veterinarian and file a copy of the approval with the animal services manager before bringing the prohibited animal to the permitted premises.
(6)
If facilities to harbor the prohibited animal are already in existence, the applicant shall submit a copy of a report from a licensed veterinarian who has inspected and approved of the facilities.
(7)
If the veterinarian report concludes that the facilities are adequate to properly restrain the prohibited animal and to provide humane handling, care, and treatment of the prohibited animal, the animal services manager shall issue the permit.
(8)
The permit is for a one-year period and is limited to one (1) prohibited animal at one (1) approved site.
(9)
If the insurance policy is canceled or insurance coverage is lost for any reason, the permit shall automatically terminate and the owner or harborer shall remove the prohibited animal from the city not later than seventy-two (72) hours after the loss of insurance unless he or she secures replacement insurance before the expiration of the seventy-two-hour period.
(10)
The owner or harborer may renew the permit following the same application procedure required for an original permit except for approval of the facility and paying a ten dollar ($10.00) renewal fee.
(11)
The owner or harborer shall cause a licensed veterinarian to inspect the premises twice annually and shall file a report of his or her findings with the animal services manager after each inspection.
(12)
After consideration of the application, the animal services manager may issue a permit.
(13)
The animal services manager may revoke the permit:
a.
If the permit holder fails to properly restrain the prohibited animal at all times;
b.
If the permit holder fails to adequately care for or protect the prohibited animal;
c.
If the United States Department of Agriculture, Animal and Plant Inspection Service revokes or fails to renew a required license; or
d.
For any reason after public hearing.
(b)
Categories II and V permits.
(1)
The animal services manager may issue a permit for a category II or V prohibited animal only if the following requirements are met:
a.
The applicant correctly completes a prohibited animal application form and pays a fifty dollar ($50.00) nonrefundable processing fee;
b.
The applicant provides a program prepared and signed by a licensed veterinarian detailing veterinary care for the prohibited animal;
c.
The applicant submits a copy of a report from a licensed veterinarian familiar with the type of animal that concludes that the facility is adequate to properly restrain the prohibited animals and the facilities are adequate to provide humane handling, care, and treatment of the prohibited animals; and
d.
The applicant files an affidavit stating that he or she will harbor no more than four (4) prohibited animals on the premises.
(2)
The permit is for a one-year period.
(3)
The applicant may renew the permit for a ten dollar ($10.00) nonrefundable fee; however, following the application procedure required for an original permit except for approval of the facility.
(4)
Prior to the renewal of a permit, the applicant shall submit a copy of a report from a licensed veterinarian who has inspected the facility. Said inspection and report shall be at the applicant's expense.
(5)
The prohibited animal shall not be allowed to roam the premises outside of the facility constructed to house the prohibited animal.
(6)
During the time a prohibited animal is being transported it shall be placed in a cage of suitable strength to restrain the prohibited animal under all conditions.
(7)
The animal services manager may revoke the permit if the permit holder fails to properly restrain the prohibited animal.
(8)
The animal services manager's denial or revocation is final unless, on or before the expiration of ten (10) calendar days, the applicant shall file with the city secretary a written appeal addressed to the city council requesting that the city council grant him/her a hearing upon the question of whether or not the prohibited animal shall be allowed in the city. An appeal operates as a stay or postponement of the denial or revocation until the council makes a final decision. The decision of the city council, after hearing all the evidence and facts, shall be final and conclusive as to all parties.
(Ord. No. 8597, § 1, 1-26-06; Ord. No. 8934, § 2, 4-4-08)