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2017-029 Informal Staff Report on Exotic Animals Date: May 5, 2017 Report No. 2017-029 INFORMAL STAFF REPORT TO MAYOR AND CITY COUNCIL SUBJECT: During the October 11, 2016 council session, Council Member Bagheri directed staff to present information regarding the regulation of exotic animals in regards to a tiger exhibit at the 2016 North Texas State Fair. BACKGROUND: On August 18, 2016, Denton Animal Services permitted a tiger exhibit featuring eight living tigers to be displayed during the 2016 North Texas State Fair. The event was held from August 19, 2016 through August 27, 2016, at the North Texas State Fairgrounds located at 2217 North Carroll Blvd. DISCUSSION: Chapter 6 of the Denton City Ordinance makes it is unlawful to harbor, own, or exhibit prohibited wild animals, such as tigers, within the city limits unless an animal control officer has issued a valid permit for the animal. By ordinance, animal services sets the conditions under which temporary permits may be issued to a zoo, research institution, school, performing animal exhibition, rodeo, circus, or carnival , for a period not to exceed one year. On August 18, 2016, the animal services supervisor issued a permit for the tiger show after the exhibitor met the following conditions: Animals were to be kept in an inspected, secure, enclosure Veterinary certification of good health for animals Exhibitor in possession of exotic pet permit In February 2017, animal services established a written policy (Exhibits I and II) requiring that the following conditions must be complied with prior to a wild animal permit being issued: Each animal to be exhibited shall be micro chipped and the identification number shall be recorded by a City of Denton Animal Services Officer. Exhibitor shall provide a current Certificate of Registration in accordance to Chapter 822 subchapter E of the Texas Health and Safety Code. Exhibitor shall provide a current Class A, B, or C license issued by the USDA. The regional inspector shall be contacted to verify that said exhibitor is in good standing. A local (City of Denton) veterinarian, currently licensed by and in good standing with the TBVME, shall inspect the animals, and their enclosures and provide a health certificate for Date: May 5, 2017 Report No. 2017-029 from TBVME shall be required. Written and verbal communication from the veterinarian that has worked with the vendor/exhibitor/animal owner, and is familiar with all of the animals that will be exhibited. Any exhibition featuring any animal that is considered a prohibited animal or wild animal in accordance with Chapter 6 of the City of Denton Code of Ordinances shall not be permitted. An exhibition featuring any animal that is on the Texas Department of State Health Services-Dangerous Wild Animal list shall not be permitted. This list can be found in Chapter 822 of the Texas Health and Safety Code. An exhibition featuring exotic or non-indigenous animals about which the Texas Animal Health Commission does not have intrastate and interstate regulations for travel, shall not be permitted. Minimum liability insurance of $4,000,000.00 Written and verbal communication from the state certified animal control officer in the city or county where the vendor/exhibitor/animal owner resides. Exhibitor shall be required to follow all caging requirements and standards as set forth under the Texas Administrative Code Title 25, Chapter 169 Subchapter G. The ordinance requires an animal control officer to revoke a permit if the owner or exhibitor fails to properly restrain or care for the animal. Applicants or permit holders may appeal permit denials or revocations by filing a written request for a hearing to the Denton Chief of Police. CONCLUSION: The prohibited animal ordinance authorizes Denton Animal Services to establish conditions under which wild animals, other than those harbored at commercial establishments dealing in the sale or handling of such animals, may be kept or displayed. Animal Services recently adopted more strenuous requirements for issuing prohibited animal permits. ATTACHMENT(S): Exhibit I AS 4.9 Prohibited Animal Permit Exhibit II Requirements for a prohibited animal permit STAFF CONTACT: Lenn Carter, Deputy Police Chief (940) 349-7966 lenn.carter@cityofdenton.com Exhibit I DENTON POLICE DEPARTMENT STANDARD OPERATING PROCEDURES SUPPORT BUREAU-ANIMAL SERVICES DIVISION APPROVED BY: EFFECTIVE: 02/23/17 AS4.9 REVISED: Operations Bureau Chief SUBJECT: Prohibited Animal Permit REFERENCES: PAGE: 1 of 1 4.9 PURPOSE To establish a policy regarding requests for a Prohibited Animal Permit (hereafter called Permit). 4.9.1 GENERAL INTENT It is the intention of the Animal Services Division to review each request for a Permit from the viewpoints of public health/safety and animal health/safety. 4.9.2 PROCESS: When a Permit request is brought to the attention of the Animal Services Division, the Supervisor or his designee will review the information that is submitted. The exhibitor of the animals will be contacted and a copy of the Permit requirements will be emailed, faxed or sent by mail for the exhibitor to review. Upon review and acceptance of the Permit requirements, the exhibitor will have 2 business days to provide the Animal Services Supervisor with the required information. 4.9.3 ANIMAL – ENCLOSURE INSPECTION AND MICROCHIPPING: The exhibitor will have a 12 hour period from the time the animals arrive on site to have their inspection done and their Health Certificate (CVI) presented to the Animal Services Supervisor, to have their enclosures inspected and present the approved inspection report to the Animal Services Supervisor, and to have all of the animals’ microchipped, and present the information to the Animal Services Supervisor. 4.9.4 PERMIT Upon receiving and reviewing the required information from the exhibitor, a Permit will be approved and the exhibitor will be required to post the Permit in an area of the exhibit that is accessible to the public. Exhibit II REQUIREMENTS FOR A PROHIBITED ANIMALPERMIT These regulations shall be complied with prior to the permit being issued. An exhibition featuring any animal that is considered a Prohibited Animal or Wild Animal, in accordance to Ch. 6 of the City of Denton Code of Ordinances shall not be permitted. An exhibition featuring any animal that is on the Texas Department of State Health Services Dangerous Wild Animal list shall not be permitted. This list can be found in Ch. 822 of the Texas Health and Safety Code. An exhibition featuring exotic or non-indigenous animals about which the Texas Animal Health Commission does not have intrastate and interstate regulations for travel, shall not be permitted. Exhibitor shall provide a current Certificate of Registration in accordance to Ch. 822 (Subchapter E) of the Texas Health and Safety Code. Exhibitor shall provide proof of a current, appropriate license (Class A, B or C) issued by the USDA. The regional inspector shall be contacted to verify that said exhibitor is in good standing. (Check list of Active Licenses and Registrants under the AWA) A local (City of Denton) veterinarian, currently licensed by and in good standing with the TBVME, shall inspect the animals, their enclosures and provide a Health Certificate Proof of a current license and a Letter of Good Standing from TBVME shall be required. Written and verbal communication from the veterinarian that has worked with the vendor/exhibitor/animal owner, and is familiar with all of the animals that will be exhibited. Said veterinarian shall be currently licensed by and in good standing with the TBVME. Proof of current license and a Letter of Good Standing from the TBVME shall be required. Each animal to be exhibited shall be micro chipped and the identification number shall be recorded by a City of Denton Animal Services Officer. Minimum liability insurance of $4,000,000.00. Written and verbal communication from the state certified animal control officer in the city or county where the vendor/exhibitor/animal owner resides. Exhibitor shall be required to follow any and all caging requirements and standards as set forth under Texas Administrative Code Title 25, Ch. 169 (Subchapter G).