HomeMy WebLinkAbout2758 Prohibiting Display of Wild and Exotic Animals for Entertainment or Amusement PurposesOrdinance No. 2758
AN ORDINANCE OF THE CITY OF PORT TOWNSEND CREATING A NEW
CHAPTER 9.44, WILD AND EXOTIC ANIMALS, TO TITLE 9, PEACE, MORALS
AND SAFETY, OF THE PORT TOWNSEND MUNICIPAL CODE, TO PROHIBIT
DISPLAY OF WILD OR EXOTIC ANIMALS FOR ENTERTAINMENT OR
AMUSEMENT PURPOSES, PROVIDING VIOLATION AS A CIVIL INFRACTION,
PROVIDING MONETARY PENALTY, AND ESTABLISHING AN EFFECTIVE
DATE
WHEREAS, in order to protect the welfare of animals, the City of Port Townsend has
determined that the display of wild or exotic animals for entertainment or amusement purposes
should be prohibited within the city limits,
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows:
SECTION 1. A New Chapter 9.44, entitled, Display of Wild and Exotic Animals
Prohibited, to Title 9, Peace, Morals and Safety, of the Port Townsend Municipal Code is adopted
and shall read as follows:
Sections:
9.44.010
9.44.020
9. 44.030
9.44.040
9.44.050
9.44.060
Chapter 9.44
DISPLAY OF WILD AND EXOTIC ANIMALS PROHIBITED
Purpose.
Definitions.
Display Prohibited.
Violation - Penalty.
Civil penalties-Schedules.
Exception.
9.44.010 Purpose. The purpose of this Chapter is to promote the protection of animals by
prohibiting the display of wild or exotic animals for public entertainment or amusement within the
city of Port Townsend.
9.44.020 Definitions. As used in this Chapter, the following terms have the meanings set
forth below:
"Circus" means any institution featuring exhibits for the purpose of entertainment and
includes, but is not limited to, exhibitions and performances by clowns, acrobats and/or animals,
PROVIDED, that nothing in this Chapter shall be construed as authorizing any display of wild or
exotic animals otherwise prohibited by the Port Townsend Municipal Code.
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"Display" means to undertake any exhibition, act, circus, public show, trade show,
photographic opportunity, carnival, ride, parade, petting zoo, race, performance or similar
undertaking in which animals are required to perform tricks, fight or participate in performances
or shows for the amusement or entertainment of an audience. Display shall not include the use or
exhibition of animals for educational purposes by persons or organizations, including, those that
are accredited or available for accreditation by the American Zoological Association, or by The
Association of Sanctuaries. "Displayed" means to be the subject thereof.
"Wild or exotic animal" means any or all of the following animals, whether bred in the
wild or in captivity, and also any or all of their hybrids with domestic species. It is not the intent
of this section to include domesticated species such as, horses, cows, sheep, or llamas of the
animals listed below. The words in parentheses are intended to act as examples only and are not
to be construed as being an exhaustive list or to otherwise limit the generality of each group of
animals:
1.
2.
3.
4.
5.
6.
8.
9.
10.
11.
12.
13.
14.
15.
16.
17.
Non-human primates and prosimians (such as chimpanzees, monkeys);
Felids, except domesticated cats;
Canids, including wolf hybrids and except domesticated dogs;
Ursids (bears);
Elephants;
Cetaceans (marine mammals, such as whales, dolphins, otters, porpoises,
seals, and sea lions);
Cocodilians (such as alligators and crocodiles);
Marsupials (such as kangaroos and opossums);
Snakes and reptiles;
Ungulates (such as hippopotamus, rhinoceros, giraffe, camel, zebra, deer);
Hyenas;
Mustelids (such as skunks, weasels, otters and badgers);
Procyonids (such as raccoons and coatis);
Endentates (such as anteaters, sloth and armadillos);
Viverrids (such as mongooses, civets, and genets);
Camels; and
Raptors or birds of prey.
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"Person" means any individual, partnership, corporation, joint venture, association, trust,
estate or any other legal entity and any officer, member, shareholder, director, employee, agent or
representative of same.
9.44.030 Display Prohibited. No person may display or sponsor a display of wild or exotic
animals on any public or private property within the City of Port Townsend.
9.44.040 Violation - Penalty. This Chapter shall be enforced as provided in PTMC
Chapter 20.10, Land Use Administration and Enforcement, PROVIDED, that criminal
penalties set forth in that Chapter shall not apply. Any person displaying or sponsoring a display
of wild or exotic animals in violation of this Chapter shall instead have committed a civil infraction
and shall be assessed a monetary penalty as provided in 9.44.050 Civil penalties-Schedules of
this Chapter,
9.44.050 Civil penalties - Schedules.
A. Any person who violates this Chapter or who, by any act or omission procures, aids
or abets such violation shall be subject to civil penalties as provided in this section.
1. Civil penalties may be directly assessed by the city manager by means of a formal
notice and order issued pursuant to this chapter or may be recovered by legal action filed in
Jefferson County superior court by the city attorney on behalf of the city of Port Townsend.
2. Civil penalties assessed by means of a formal notice and order shall be collected in
accordance with the lien, personal obligation and other procedures specified in this chapter.
Civil penalties assessed in a legal action in superior court shall be collected in the same manner
as judgments in civil actions.
3. Civil penalties shall be a cumulative penalty in the amount of $100.00 per day for
each violation. Penalties for the second separate violation of a like nature by the same person
within a period of two years shall be double that rate.
4. Each and every day or portion thereof during which any violation is committed,
continued, permitted or not corrected shall be deemed a violation for purposes of this chapter.
Civil penalties for violation of any formal notice and order issued by a director pursuant to this
chapter shall begin to accrue on the first day the order is served and shall cease on the day the
violation is actually stopped or the correction is completed.
9.44.060 Exception. The provisions of this Chapter shall not apply to the display of wild or
exotic animals for educational purposes by persons or organizations, including, those that are
accredited available for accreditation by the American Zoological Association, or by The
Association of Sanctuaries.
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SECTION 2. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances is not affected.
This ordinance shall take effect and be in force five days after the date of its publication in
the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this oc~0 day of /c~d//~/t/~7' , 2001
Geoff Masci, Mayor
Attest:
Approved as to Form:
John P. Watts, City Attorney
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