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ORDINANCE 99-12
Exotic Animals, 1
Be it enacted by the Quorum Court of the County of Faulkner, State of Arkansas. An Ordinance to be entitled:
AN ORDINANCE PROHIBITING THE POSSESSION, MAINTNEANCE OR CONFINEMENT OF INNATELY WILD, NON-DOMESTIC ANIMALS; NON-HUMAN PRIMATES; AND VENOMOUS REPTILES, WITHIN FAULKNER COUNTY, ARKANSAS; PROVIDING EXEMPTIONS FROM SUCH PROHIBITION; PROVIDING A PENALTY FOR VIOLATION HEREOF: AND FOR OTHER PURPOSES.
WHEREAS, the possession, maintenance or confinement of innately wild, non-domestic animals, non-human primates, and venomous reptiles presents an imminent threat to the public peace, health, safety and welfare of the citizens of Faulkner County; and
WHERERAS, the possession, maintenance or confinement of innately wild, non-domestic animals, non-human primates, and venomous reptiles in Faulkner County is inconsistent with the public welfare of its citizens because of the dramatic growth in population and urbanization of Faulkner County.
NOW, THEREFORE, BE IT ENACTED BY THE QUORUM COURT OF THE COUNTY OF FAULKNER, ARKANSAS.
Section 1. DEFINITIONS:
A: Except as provided herein, the term “innately wild, non-domestic animals” shall include, but not limited to the following families of the order of CARNIVORA:
(1) Ursidae: bears;
(2) Canidae: wolves;
(3) Hyaendae: hyenas; and
(4) Felidae: lions, tigers, leopards, American lions (commonly known as pumas, cougars, and panthers), cheetahs, bobcats, ocelots, jaguars, African panthers, lynx, and margays.
The term “innately wild, non-domestic animals” shall not include domestic breeds of dogs, cats, ferrets, raccoons and skunks.
B. The term “non-human primates” shall include but not limited to the following families.
(1) Monkeys: spider monkeys, squirrel monkeys, marmosets, baboons and relatives; and
(2) Great Apes: gorillas, orangutans, gibbons, siamangs, chimpanzees and relatives.
C. The term “venomous reptiles” shall include but not limited to the following families
(1) Colubridae (two genera only), Dispholidus (boom slang) and Thelotornis (twig snake);
(2) Elapidae: cobras, kraits, coral snakes and relatives;
(3) Hydrophidae: sea snakes;
(4) Viperdae: vipers and adders;
(5) Crotalidae: pit vipers (commonly known as rattlesnakes, water moccasins and copperheads; and
(6) Helodermatidae: Gila monsters.
Section 2: POSSESSION, MAINTENANCE OR CONFINEMENT OF INNATELY WILD, NON-DOMESTIC ANIMALS, NON-HUMAN PRIMATES, AND VENOMOUS REPTILES PROHIBITED
Except as provided herein, the possession, maintenance or confinement of innately wild, non-domestic animals, non-human primates and venomous reptiles within Faulkner County is hereby prohibited.
Section 3: EXCEPTIONS:
A. Non-human primates weighing less than twenty-five (25) pounds may be possessed, maintained or confined within Faulkner County, provided the owner or custodian thereof fully complies with the terms and conditions of Section 4 hereof.
B. The prohibition stated in Section 2 hereof shall not apply to any bona fide circus, nor shall it apply to any federal research facility or research facility as these terms are defined in 9 C.F.R. sec. 1.1 (1999).
Section 4: PERMIT, INSPECTION AND CONDITIONS:
A. The owners and custodians of innately wild, non-domestic animals and non-human primates permitted to be possessed, maintained or confined within Faulkner County by Section 3 hereof shall obtain a permit from the Faulkner County Sheriff’s Department allowing such possession, maintenance or confinement of such animal for a 12-month period. The permit shall be renewed at the end of each 12-month period during the time that said animal is being kept or confined within Faulkner County. The Cost of the initial permit, and each 12-month renewal permit, shall be $100.00. Proof of insurance shall be provided to the Faulkner County Sheriff’s before a permit is issued and shall be kept on file in the Sheriff’s Office.
B. The premises where the innately wild, non-domestic animal or non-human primate permitted by Section 3 hereof is being kept and confined within Faulkner County shall be annually inspected by the Faulkner County Sheriff’s Department for compliance with the terms and conditions of this Ordinance. The annual inspection fee to be charged by the Faulkner County Sheriff’s Department shall be $100.00.
C. The owners and custodians of innately wild, non-domestic animals and non-human primates permitted to be kept and confined in Faulkner County by Section 3 hereof shall abide by all health regulations that apply to the animal, such as shots and vaccinations, shall fully comply with provisions of 9 C.F.R. Sub. Sec. 3.125 through 3.133 (1999).
D. Each owner or custodian of an innately wild, non-domestic animal or non-human primates be permitted to be kept and confined within Faulkner County by Section 3 hereof shall obtain liability or other insurance in the face amount not less than $100,000.00 per person and $300,000.00 per occurrence, protecting members of the public from personal injuries caused by the innately wild, non-domestic animals or non-human primates in their possession, care and custody.
Section 5: PENALTIES:
A. Any person, firm or corporation possessing, maintaining or confining innately wild, non-domestic animals, non-human primates or venomous reptiles in Faulkner County in violation of this Ordinance shall be deemed guilty of a misdemeanor, punishable by a fine of not more than $500.00. It is hereby provided that each additional day of possessing, maintaining or confining said animal shall constitute an additional and separate violation of this Ordinance, punishable by the aforementioned penalty.
B. There shall be a 30-day grace period for removal of the innately wild, non-domestic animal, non-human primate or venomous reptile from Faulkner County before said penalty shall be imposed.
C. The enforcement of the provisions of this Ordinance shall be the responsibility of the Faulkner County Sheriff’s Department.
Section 6: SEVERABILITY:
A determination that any provision of this Ordinance is void or invalid shall not render the remaining provisions of this Ordinance void or invalid, but said remaining provision(s) shall remain in full force and effect.
Section 7: REPEALER:
Ordinance 86-13 and all other Ordinances or parts of Ordinances in conflict herewith are hereby repealed.