CITY OF FERNDALE REQUEST FOR COUNCIL ACTION

Transcription

1 CITY OF FERNDALE REQUEST FOR COUNCIL ACTION FROM: April M. Lynch, City Manager P. Daniel Christ, City Attorney SUBJECT: Amend Chapter 5, Animals and Fowl, Article I, to add Section 5-9 Wild or Exotic Animals. SUMMARY & BACKGROUND: Some instances over the last few years of special events showcasing exotic animals and other events with animals that caused concerned has prompted us to review and create an ordinance to prohibit the misuse use of animals at events within the City. Staff has shared our ordinance with the local PETA representatives who provided feedback, of which most was taken. Lastly, regulation of the performances of wild or exotic animals was referred to the Ordinance Committee to consider whether such action should be regulated or prohibited. The Ordinance Committee recommends the regulation and prohibition of displaying or performances of wild or exotic animals within the City, except for an educational activity. ATTACHMENTS: Draft Ordinance to amend Chapter 5, Section 5-9 COUNCIL AGENDA DATE: December 17, 2018 CITY ATTORNEY REVIEW: CITY MANAGER REVIEW: P. Daniel Christ April M. Lynch, City Manager RECOMMENDED ACTION: Moved by, seconded by, to approve Ordinance 1222 amending Chapter 5, Animals and Fowl, Article I, to add Section 5-9 Wild or Exotic Animals.

2 ORDINANCE NO CITY OF FERNDALE OAKLAND COUNTY, MICHIGAN AN ORDINANCE TO AMEND CHAPTER 5, ANIMALS AND FOWL, ARTICLE I, IN GENERAL, TO ADD SECTION 5-9, WILD OR EXOTIC ANIMALS, TO THE CODE OF ORDINANCES OF THE CITY OF FERNDALE. THE CITY OF FERNDALE ORDAINS: Part I. That Chapter 5, Animals and Fowl, Article I, In General, is amended to add Section 5-9, Wild or Exotic Animals as follows: Sec Wild or Exotic Animals. a) Findings and Purpose: Citizens of Ferndale value wildlife and animal welfare and recognize that wild or exotic animals have specific biological requirements best met in their natural habitat. Animal researchers and professionals and members of the public hold that entertainment or amusement are not sufficient justification for maintaining captive wild or exotic animals, especially endangered species. Our evolving scientific understanding of animal welfare requirements including indoor and outdoor space needs, restraint, transportation, social and behavioral considerations, and training methods indicate that traveling entertainment or amusement companies featuring wild or exotic animal performances are unsuited to ensure adequate welfare for their wild or exotic animals. While threats to human health and safety may appear minimal on a local scale, there is a well-documented and substantial record of public safety incidents involving escaped wild or exotic animals on a national and international scale. Given these findings, the City Ferndale determines it is unsuitable and cruel to utilize wild or exotic animals in displays or performances intended primarily for public entertainment or amusement and determines such displays should be prohibited. b) Definitions: The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Display means any exhibit of live animals open to the public except an exhibit that is part of an educational activity. 1

3 Domestic animal means any animal commonly kept as companion animals or livestock including dogs, cats, rabbits, horses, ponies, sheep, goats, poultry, fowl or cattle. Educational activity means an organized event that includes teaching or instruction with the intent of imparting knowledge to others. An educational activity must be led by an employee or volunteer of an organization with non-profit status under 26 U.S.C. 501(c)(3) that provides education about animal behavior, biology, conservation, or care as part of its mission. An educational activity must include content designed to teach the behavior, biology, habitat, conservation or care of animals through lecture, or group discussion. Performance means any public showing, presentation, exposition, fair, act, circus, ride, trade show, petting zoo, carnival, parade, race, exhibition, or similar undertaking in which live animals are required to perform tricks, fight, compete or act as participants for the entertainment or amusement, or benefit of an audience. Person means any individual, partnership, firm or corporation, trust, association or other legal entity. Wild or exotic animal, means any animal that is not a domestic animal and includes any or all of the following taxa, 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: 1. Non-human primates (chimpanzees, monkeys) 2. Felidae (except domestic cats); 3. Canidae (except domestic dogs); 4. Ursidae (bears); 5. Proboscidae (elephants); 6. Crocodilia (alligators, crocodiles); 7. Marsupialia (kangaroos, opossums); 8. Reptilia snakes and reptiles of venomous variety or over four feet in length; 9. Artiodactyla (hippopotamuses, giraffes, camels, antelope, deer, elk, moose, reindeer, mountain goats. 10. Hyaenidae (hyenas); 11. Mustelidae (skunks, weasels, otters, badgers); 12. Mephitidae (skunks); 13. Procynonidae (raccoons, coatis); 14. Edentata (anteaters, sloths, armadillos); 15. Viverridae (mongooses, civets, and genets); 16. Perissodactyla, odd-toed hoofed mammals including, zebras, tapirs and rhinoceros; excluding the domesticated species of the family Equidae (horses, donkeys, etc.); 17. Pinnipedia, including seals, sea lions and walruses; 18. Ratitae, such as ostriches, rheas, cassowaries and emus; 2

4 19. Elasmobranchii (sharks). c) Display or performance of wild or exotic animals prohibited. It shall be unlawful for any person to cause or permit the display or performance of any wild or exotic animal for any purpose on any public or private property within the city. d) Exemptions. Educational activities with wild or exotic animals, meeting the criteria in the definition above, are exempt from the provisions of this ordinance. e) Penalties. Violation of this ordinance is shall constitute a misdemeanor. Each wild or exotic animal in each display or performance shall constitute a separate violation. Each day in violation of this ordinance shall constitute a separate violation. Part II. Savings Clause. All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect are saved and may be consummated according to the law enforced when they are commenced. Part III. Severability. The various parts, sections and clauses of this ordinance are declared to be severable. If any part, sentence, paragraph, section or clause is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this ordinance shall not be affected. Part IV. Repeal. All regulatory provisions contained in other city ordinances which are inconsistent with the provisions of this ordinance, are repealed. Part V. Effective Date; Publication. This ordinance shall become effective upon publication of a notice in a newspaper circulated in the City, stating the date of the enactment and the effective date of the ordinance, a brief notice as to the subject matter of this ordinance, and such other facts as the city clerk shall deem pertinent and that a copy of the ordinance is available for public use and inspection at the office of the city clerk. MADE, PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF FERNDALE, OAKLAND COUNTY, MICHIGAN, THIS 17TH DAY OF DECEMBER,

5 DAVE COULTER, MAYOR MARNE MCGRATH, CITY CLERK Date of Adoption: Date of Publication: CERTIFICATE OF ADOPTION I hereby certify that the foregoing is a true and complete copy of the Ordinance passed at a meeting of the Ferndale City Council held on the day of, MARNE MCGRATH, CITY CLERK 4

6 CITY OF FERNDALE NOTICE OF ADOPTION ORDINANCE 1222 The City of Ferndale has adopted Ordinance No. 1222, amending Chapter 5, Article I, In General, to add Section 5-9, of the City of Ferndale. This Ordinance shall be effective upon publication. A true copy of the ordinance may be inspected or obtained at the office of the City Clerk. MARNE MCGRATH, CITY CLERK 5