Lions and tigers and bears, oh my!
Those animals and other potentially dangerous wildlife could again be allowed on the island once the Town Council rescinds a recently passed ordinance banning the animals.
In February, the council modified its animal ordinance to make it easier for people to have pony rides or petting zoo animals at birthday parties and other events. At that time, the council also voted to prohibit “class I” wildlife and allow restricted approval for such animals as alligators, bobcats, certain types of monkeys, badgers and wolves, known as “class II” wildlife.
Class I wildlife are “those that pose a significant danger to people,” according to the Florida Fish and Wildlife Conservation Commission. The list, in addition to lions, tigers and bears, includes baboons, cheetahs, chimpanzees, cougars, crocodiles, elephants, gorillas, rhinoceros and hyenas, among others.
After receiving backlash last month, Town Attorney John Randolph realized outlawing or restricting wildlife violates state law.
“It has been determined that the state has pre-empted local regulation in this area to the Florida Fish and Wildlife Conservation Commission,” Randolph wrote in a recent memo to the council.
“What we’ve done did go too far,” he told the Ordinances, Rules and Standards Committee in March.
Local governments cannot prohibit captive wildlife or determine where they’re allowed, although the state rule says certain kinds of class I wildlife, such as adult primates, bears and elephants are not allowed in “residential only” areas. But infant carnivores, some monkeys, certain cats and other small, young animals are exempt from the rule.
Local governments also can use building and zoning codes to regulate caging requirements and therefore control “appropriate neighborhoods” in some capacity.
Under strict guidelines, the state commission permits handlers to bring class I wildlife into contact with the public. The commission sets limits on the age and weight of the animal and how long it can be in contact with people. The agency also regulates caging , sanitation and other requirements.
Outdoor amusement groups, handlers and other animal entertainers also would have to comply with town codes governing commercial business. The commission gives local governments permission to regulate commercial activity provided that captive wildlife is not discriminated against.
The council will consider an ordinance rescinding the changes at its Tuesday meeting.
Legal concerns
In March, a representative of the Outdoor Amusement Business Association wrote Mayor Gail Coniglio in response to the town’s adoption of the modified animal ordinance. The trade association represents thousands of members nationwide, whose businesses operate at county and state fairs, festivals, community events and philanthropic organizations, according to its president and CEO, Robert Johnson.
“I would like to raise some possible concerns over the legality of the recently approved ordinance prohibiting the use of exotic animals in fairs, circuses and other exhibitions with the Town of Palm Beach,” Johnson wrote. “FWCC’s authority to regulate captive wildlife is derived through Florida Constitution and extensive rules are in place that requires that all regulated captive wildlife be housed securely and managed appropriately. For these reasons, we believe that the ordinance as approved may run afoul of both federal and state pre-emption doctrine as well as possible conflicts of law.”
At least one other person also contacted the town in response to the ordinance.
Town Manager Tom Bradford said the purpose for the changes was to allow petting zoos, pony rides and other animals on the island but to ban dangerous animals.
Ponies and pigs are fairly common in town, Bradford said, but he could only remember one time an event organizer brought in bobcats, alligators and crocodiles. They were young animals, he said.
Although it’s unlikely an elephant will ever step foot on the island, it may be possible.
“It seems that way, unless there are rules that prohibit them that are regulated by the state,” Bradford said. “Typically, if the state sets the regulation, the local governments can be more restrictive, but apparently in this situation they’re taking any power away from us at all. If the FWC doesn’t have any prohibitions about certain zoning districts, it could probably theoretically happen.”
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