HomeMy WebLinkAboutOrdinance #3586 ORDINANCE NO. 3586
AN ORDINANCE OF THE CITY OF HUNTINGTON BEACH
ADDING CHAPTER 7.14 TO THE HUNTINGTON BEACH
MUNICIPAL CODE PROHIBITING THE PERFORMANCES OF WILD
AND EXOTIC ANIMALS FOR PUBLIC ENTERTAINMENT OR AMUSEMENT
AND RESTRICTING THE DISPLAY OF WILD AND EXOTIC ANIMALS
The City Council of the City of Huntington Beach does hereby ordain as follows:
SECTION 1. Statement of Legislative Intent.
The City of Huntington Beach intends to protect the public against the hazards and
dangers that are inherent in the use of wild and exotic animals for entertainment and amusement
purposes. The City of Huntington Beach intends to protect wild and exotic animals from cruel
and inhumane treatment from errant trainers and caretakers. Therefore,pursuant to its
constitutional police power, as well as its constitutional power as a chartered city,the City of
Huntington Beach enacts this ordinance into law in order to protect the safety, health and welfare
of not only its residents, but also of all other persons who work in or visit the City.
SECTION 2. The Huntington Beach Municipal Code is hereby amended by adding
Chapter 7.14, said chapter to read as follows:
"Chanter 7.14
Performance of Wild or Exotic Animals for Public Entertainment or Amusement Sections:
7.14.010 Purpose and Intent
7.14.020 Performance of Wild and Exotic Animals --- Prohibited
7.14.030 Definitions
7.14.040 Enforcement
7.14.050 Exemptions
7.14.060 Severability
7.14.010 Purpose and Intent. It is the purpose and intent of the City of Huntington Beach City
Council to protect the public against hazards that wild and exotic animals used in performances
for entertainment pose to society and to protect wild and exotic animals from cruel and inhumane
treatment.
7.14.020 Performance of Wild or Exotic Animals -- Prohibited. It shall be unlawful for any
person to permit the performance of any wild and exotic animal for public entertainment,
amusement or benefit on any public or private property within the City of Huntington Beach.
7.14.030 Definitions. For the purposes of this Chapter only,the following words and terms
shall be deemed to mean and be construed as follows:
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A. "Performance"means any act, circus, ride, trade show, carnival, parade, race, or
similar undertaking in which wild or exotic animals are required to perform tricks, fight, or
participate as accomplishments in performances for the entertainment, amusement or benefit of
an audience. Performance shall not include the display of wild and exotic animals.
B. "Display" means the use or exhibition of animals for educational purposes or to
groups of twenty(20) or fewer persons.
C. "Wild and exotic animal"means any 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:
1. Nan-human primates and prosimians (chimpanzees, monkeys)
2. Felidae (except domesticated cats)
3. Canidae (except domesticated dogs)
4. Ursidae (bears)
5. Proboscidae (elephants)
6. Crocodilia(alligators, crocodiles)
7. Marsupialia(kangaroos, opossums)
8. Reptilia over 8 feet in length and snakes and reptiles of venomous variety.
9. Perissodactyla(rhinoceroses,tapirs, but not horses or donkeys or mules)
10. Artiodactyla(hippopotamuses, giraffes, camels, but not cattle, swine,
sheep or goats)
11. Hyaenidae (hyenas)
12. Mustelidae (skunks, weasels, otters, badgers)
13. Procynonidae (raccoons, coatis)
14. Edentata(anteaters, sloths, armadillos)
15. Viverridae (mongooses, civets, and genets)
16. Struthioniformes (ostriches)
17. Casuariiformes (emus)
D. "Person" means any individual, establishment, firm, association, organization,
partnership, trust, corporation or company.
E. "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. Companion animal means any animal that is commonly kept by a person 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.
F. "Director of Community Service" shall mean the Director of Community Services
of the City of Huntington Beach or his designee.
G. "Planning Director" shall mean the Planning Director of the City of Huntington
Beach or his designee.
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714.040 Enforcement. The Director of Community Services or the Planning Director shall
have the power and authority to enforce the provisions of this Chapter.
7.14.050 Exemptions. The following are exempt from the provisions of this Chapter:
A. Education activities endorsed or accredited by the American Zoo and Aquarium
Association.
B. Veterinarians in the ordinary course of a veterinarian's practice of business.
C. Educational activities endorsed or accredited by the Association of Sanctuaries
and the American Sanctuary Association.
D. Activities conducted pursuant to a Film Permit issued by the Community Services
Department.
7.14.060 Severability. If any section, subsection, subdivision, paragraph, sentence, clause, or
phrase in this chapter or any part thereof is for any reason held to be unconstitutional or invalid
or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or
effectiveness of the remaining portions of this chapter or any part thereof. The City Council
hereby declares that it would have passed each Section, subsection, subdivision, paragraph,
sentence, clause, or phrase thereof irrespective of the fact that any one (1) or more subsections,
subdivisions,paragraphs, sentences, clauses, or phrases be declared unconstitutional, or invalid,
or ineffective."
SECTION 2. This ordinance shall become effective 30 days after its adoption.
PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a
regular meeting thereof held on the 18 day of November , 2002.
Mayor
ATTEST: 'CONNIE 'BROCK AY APPROVED AS TO FO
City Clerk Pd City Attorney 10*102,
3-14
REVIEWED AND APPROVED: INITIATED AND APPROVED:
City Ad xnistrator CO dmimstrator
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Ord. No. 3586
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss:
CITY OF HUNTINGTON BEACH )
I, CONNIE BROCKWAY, the duly elected, qualified City Clerk of the
City of Huntington Beach, and ex-officio Clerk of the City Council of said City, do
hereby certify that the whole number of members of the City Council of the City of
Huntington Beach is seven; that the foregoing ordinance was read to said City Council at
an adjourned regular meeting thereof held on the 61h day of November, 2002, and was
again read to said City Council at a regular meeting thereof held on the 18th day of
November,2002, and was passed and adopted by the affirmative vote of at least a
majority of all the members of said City Council.
AYES: Green,Dettloff, ,Houchen, Boardman, Cook, Winchell
NOES: Bauer
ABSENT: None
ABSTAIN: None
I,Connie Brockway,CITY CLERK of the City of
Huntington Beach and ex-officio Clerk of the City
Council,do hereby certify that a synopsis of this
Ordinance has been published in the Huntington Beach
Fountain Valley Independent on
CONNIE BROCKWAY
2002.
In accordance with the City Charter of said City
Connie Brockway, City Clerk City Clerk and ex-officio Olerk
lae M City Clerk of the City Council of the City
61
of Huntington Beach, California
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