§ 5-108. Permit required for circuses, rodeos, animal exhibits, animal shows, petting zoos and recreational animal rides; special exceptions for institutions and special attractions.

(a)

Any operator of a circus, rodeo, animal exhibit, or entertainment show, or other persons desiring to bring any non-aquatic mammal into the city to use in a circus, rodeo, animal exhibit or animal show other than a dog show or a cat show where the animals will not be directly accessible to the public, shall first submit a written request to the department for a permit and pay a permit application fee to cover the cost of inspecting the facility where the animal(s) will be kept during the event, which may be for any number of consecutive days. The permit application shall be submitted at least twenty (20) days prior to the event, and shall contain information as to the kind and number of animals involved, records showing animals are up to date on required vaccinations and are considered by a certified veterinarian as healthy, how they will be housed safely and not physically accessible to the public, required state or federal licensing documentation, the reason for bringing the animal(s) to the city, the name and address of the person or business that will keep, feed, and confine the animal(s) during their stay in the city and any other information requested by the department. The director has the authority to determine the requirements necessary with regard to risk to public safety or the safety of the animals for each event. If the intent of the operator is to allow a member of the general public direct contact with any of the animals, the operator must submit a written request to the department for a temporary petting zoo permit in addition to the exhibit permit as outlined in subsection (a). The temporary petting zoo permit shall be valid for the duration of the event outlined in the application.

(b)

No person shall operate a petting zoo or recreational animal ride where an animal is allowed to be in contact with the public (which include, but are not limited to, horses, ponies, donkeys, camels, elephants or cows) within the city without first obtaining a petting zoo permit which shall be valid for one (1) year. An operator of a petting zoo or recreational animal ride shall first submit a written request to the department for a petting zoo permit and pay a permit application fee to cover the cost of inspecting the facility where the animal(s) are kept and shall contain information as to the kind and number of animals involved, and the name and address of the person or business that will keep, feed, and confine the animal(s). Animals used within the city for petting zoos or recreational animal rides must be provided with all the necessities of life including air, food, water, veterinary care, exercise, and protection from the sun and other elements of nature.

(c)

A permit shall not be required for any animal so long as it is owned by a governmentally owned and operated facility, publicly operated facility, a public zoological park, or bona fide medical institution or research institution.

(d)

A prohibited animal brought into the city for entertainment purposes which is not approved by the department, upon the order of the department, will be immediately removed from the city. If not so removed expeditiously, an animal care officer shall seize such animal if he has reason to believe the animal is not being properly fed, housed, or cared for, or is not being safely and securely confined for public safety. Failure to comply with the removal order shall constitute a misdemeanor offense.

(e)

Animals used within the city for entertainment purposes such as rodeos and circuses must be provided with all the necessities of life including air, food, water, veterinary care, exercise, and protection from the sun and other elements of nature. A licensed veterinarian must be in attendance at all such functions. Once determined to be injured or ill by a licensed veterinarian, an animal may be returned to use only after certification as healthy by a licensed veterinarian.

(f)

Nothing in this section shall authorize the department to issue a permit to a person to sell, trade, barter, lease, rent, or give away any animal on any roadside, public right-of-way, commercial parking lot, or at any garage sale, flea market or festival.

(Ord. No. 2017-10-05-0755 , § 1, 10-5-17)