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Bill Summary
Location Bill  Title  Date  Category
California  CA - Anaheim 2012  Anaheim City Council may consider circus animal ban  8/23/2012  Defeated
Summary
Bill Text

(Proposed ordinance language, as of 9/21/2)

ORDINANCE NO.

AN ORDINANCE OF THE CITY OF ANAHEIM REPEALING CHAPTER 8.20 OF TITLE 8 OF THE ANAHEIM MUNICIPAL CODE IN ITS ENTIRETY AND ADDING NEW SECTIONS 8.18.010 THROUGH 8.18.040, INCLUSIVE, OF NEW CHAPTER 8.18            OF TITLE 8 OF THE ANAHEIM MUNICIPAL CODE RELATING TO WILD AND EXOTIC ANIMALS

THE CITY COUNCIL OF THE CITY OF ANAHEIM HEREBY ORDAINS AS FOLLOWS:

SECTION 1.

That Chapter 8.20 of Title 8 of the Anaheim Municipal Code relating to Wild Animals be, and the same is hereby repealed in its entirety.

SECTION 2.

That new Chapter 8.18 be, and the same is hereby, added to Title 8 of the Anaheim Municipal Code to read as follows:

"Chapter 8.18        WILD AND EXOTIC ANIMALS Section 8.18.010          Purpose and Intent It is the purpose and intent of the Anaheim City Council to:

.010         Protect the public against hazards that wild and exotic animals used in entertainment pose to society and to protect wild and exotic animals from cruel and inhumane treatment..020 Protect the public against the hazards associated with keeping or maintaining wild or exotic animals within the City of Anaheim.

Section 8.18.010     Definitions

For the purposes of this Chapter only, the following words and terms shall be deemed to mean and be construed as follows:

.010         'Display' means to undertake any exhibition, act, circus, ride, trade show, carnival, parade, race, photographic opportunity, performance or similar undertaking in which animals are required to perform tricks, fight, or participate as accompaniments in performances for the entertainment, amusement or benefit of an audience. Display shall not include the use or exhibition of animals for animal-related educational purposes by non-profit groups or institutions or individuals.

.020 'Domestic animal' means any animal that is livestock, a companion animal, or both. Livestock includes but is not limited to: 1) poultry 2) cattle 3) swine 4) sheep 5) goats and 6) horses.

.030         'Companion animal' means any animal that is commonly kept by persons as a pet or for companionship and includes but is not limited to: 1) domesticated dogs 2) domesticated cats 3) ferrets 4) gerbils 5) guinea pigs 6) hamsters 7) horses 8) mice 9) rabbits and 10) rats.

.040         'Educational activities' means teaching and instructing with the intent and effect of imparting valuable knowledge to others through oral presentations and written materials.

.050         'Exhibition' means a public showing, presentation, display, exposition, fair or similar activity.

.060 'Person' means any individual, establishment, firm, association, organization, partnership, trust, corporation or company.

.070         'Wild and exotic animal' means non-domestic animal and includes any or all of the following orders and families, or similar orders and families whether bred in the wild or in captivity, and any hybrid with domestic animals. The animals listed in parentheses are intended as examples and are not to be construed as an exhaustive list or limit the generality of each group of animals listed, unless otherwise specified:

.01 .02 .03

Non-human primates and prosimians (chimpanzees, monkeys) Felidae (except domesticated cats) Canidae (except domesticated dogs)

.04           Ursidae (bears) .05  Proboscidae (elephants) .06    Cotacea (whales, dolphins, porpoises) .07              Crocodilia (alligators, crocodiles) .08                Marsupialia (kangaroos, opossums) .09 Reptilia over 8 feet in length and snakes and reptiles of venomous variety .10       Perissodactyla (rhinoceroses, tapirs, but not horses or donkeys or mules) .11               Artiodactyla (hippopotamuses, giraffes, camels, but not cattle, swine,

sheep or goats) .12  Hyaenidae

.13           Mustelidae (skunks, weasels, otters, badgers) .14  Procyonidae (raccoons, coatis) .15          Edentata (anteaters, sloths, armadillos) .16                Viverridae (mongooses, civets, and genets) .17      Pimipedia (seals, sea lions, walruses)

.18           Struthioniformes (ostriches) .19              Casuariiformes (emus)

Section 8.18.020     Display of Wild or Exotic Animals Prohibited

Except as set forth in Section 8.18.040 below, it shall be unlawful for any person to display or sponsor a display of any wild and exotic animal for public entertainment, amusementorbenefitonanypublicorprivatepropertywithintheCityof Anaheim.

Section8.18.030      Maintaining or Keeping of Wild or Exotic Animals

Prohibited

Except as set forth in Section 8.18.040 below, it shall be unlawful for any person to keep or maintain, or cause to be kept or maintained, any wild or exotic animal on any public or private property within the City of Anaheim.

Section 8.18.040     Exemptions

The following are exempt from the provisions of this Chapter:

.010.        Educational activities endorsed or accredited by the American Zoo and Aquarium Association.

.020 Veterinarians in the ordinary course of a veterinarian's practice of business.

.030 Educational activities endorsed or accredited by the Association of Sanctuaries and the American Sanctuary Association.

.040         Activities, other than those described in Section 8.18.010.010, conducted pursuant to a film permit obtained in accordance with Chapter 4.03 of the Anaheim Municipal Code, provided, however, that any person who seeks a film permit shall be required to disclose to the City's Director of Public Works if any animals shall be used before scheduled filming begins, and to comply with the requirements of the American Humane Association regarding treatment of animals during filming.

.050         Reptile shows and exhibits at the Anaheim Convention Center."

SECTION 3.           SEVERABILITY

The City Council of the City of Anaheim hereby declares that should any section, paragraph, sentence or word of this ordinance of the Code, hereby adopted, be declared for any reason to be invalid, it is the intent of the Council that it would have passed all other portions of this ordinance independent of the elimination herefrom of any such portion as may be declared invalid.

SECTION 4.           SAVINGS CLAUSE

Neither the adoption of this ordinance nor the repeal of any other ordinance of this City shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date hereof, nor be construed as a waiver of any license or penalty or the penal provisions applicable to any violation thereof. The provisions of this ordinance, insofar as they are substantially the same as ordinance provisions previously adopted by the City relating to the same subject matter, shall be construed as restatements and continuations, and not as new enactments.

SECTION 5.           PENALTY

It shall be unlawful for any person, firm or corporation to violate any provision or to fail to comply with any of the requirements of this ordinance. Any person, firm or corporation violating any provision of this ordinance or failing to comply with any of its requirements shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding One Thousand Dollars ($1,000.00) or by imprisonment not exceeding six (6) months, or by both such fine and imprisonment. Each such person, firm or corporation shall be deemed guilty of a separate offense for each day during any portion of which any violation of any of the provisions of this ordinance is committed, continued or permitted by such person, firm or corporation, and shall be punishable therefor as provided for in this ordinance.

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Details
Category   Date   Detail  
  Information 8/30/2012  "Anaheim's Political Circus" 
  Information 8/23/2012  Anaheim Councilwoman wants ban on elephants in circuses 
  Action-Expired 9/25/2012  Anaheim City Council pulls proposal to ban performing animals 
  Action-Expired 8/28/2012  Ask Anaheim City Council Members to Oppose Proposed Performing Animal Ban 
 


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