Chapter 7.08
WILD ANIMALS

Sections:

7.08.010    Wild Animal Defined.

7.08.020    Allowing Wild Animals to Run at Large.

7.08.030    Reports of Attacks by Wild Animals.

7.08.040    Permit for Keeping Wild Animals.

7.08.050    Commercial Establishments—Acquisitions.

7.08.060    Revocation of Permit.

7.08.070    Appeals and Calls for Review.

7.08.010 Wild Animal Defined.

The term “wild animal” means and includes any animal which may not be imported, transported or possessed without first obtaining a California Department of Fish and Game permit, as set forth in Title 14 of California Code of Regulations, Section 671, or its successor regulations. This section shall not be construed to include domestic dogs or cats. (Ord. 97-19 § 2, 1997: Ord. 1073, 1964: 1949 Code § 4103)

7.08.020 Allowing Wild Animals to Run at Large.

No person owning or having charge, custody, control or possession of any wild animal shall permit or allow the same to run at large upon any highway, street, lane, alley, court, or other public place or upon any private property, or on or within the premises of such person in such manner as to endanger the life or limb of any person lawfully entering such premises. (Ord. 1073, 1964: 1949 Code § 4103.1)

7.08.030 Reports of Attacks by Wild Animals.

Any person having charge, custody, control or possession of any wild animal which attacks, bites or injures any person or domestic animal shall, within forty-eight (48) hours after becoming aware of such fact, file a written report containing the following information with the Newport Beach Police Department: The date, time and place of the attack, a description of the wild animal and any domestic animal involved in the attack, and the name and address of any person or persons who are victims of the attack. (Ord. 1073, 1964: 1949 Code § 4103.2)

7.08.040 Permit for Keeping Wild Animals.

A.    Required. Except as hereinafter provided, no person shall keep, maintain, or have in his possession within the City any wild animal without first obtaining from the City a permit to keep such wild animal. No poisonous reptile nor any wild animal which displays a propensity towards vicious or dangerous behavior shall be permitted in Newport Beach. Prior to applying for a Newport Beach animal permit, the person must have obtained a permit from the California Department of Fish and Game, allowing the importation, transportation and/or possession of such animal.

B.    Application. An application for a permit required pursuant to this section shall annually be made in writing to the City Manager upon a form furnished by the City, and shall be accompanied by an application fee in an amount set by Resolution of the City Council. The application shall be verified by the person who desires to keep, maintain or have in his possession, or under his control, in the City, the wild animal for which a permit is required, and shall set forth the following:

1.    Name, address and telephone number of the applicant;

2.    The applicant’s interest in such wild animal;

3.    The proposed location, and the name, address and telephone number of the owner of such location, and of the lessee, if any;

4.    The number and general description of all wild animals for which the permit is sought;

5.    Any information known to the applicant concerning vicious or dangerous propensities of all such wild animals;

6.    The housing arrangement for all such wild animals, with particular details as to safety of structure, locks, fencing, etc.;

7.    Safety precautions proposed to be taken;

8.    Noises or odors anticipated in the keeping of such wild animals;

9.    Prior history of incidents involving the public health or safety involving any of the wild animals;

10.    A copy of the permit issued by California Department of Fish and Game for keeping such wild animal;

11.    Any additional information required by the Chief of Police at the time of filing such application or thereafter.

C.    Conditions—Issuance. The Chief of Police may issue a permit, valid for one year, for the keeping of any wild animal if he determines that such animal may be kept or maintained without menacing the safety of any person or property; provided, however, that the City Manager may impose such conditions in granting a permit as he may deem necessary to protect the public and may limit the term of such permit.

D.    Notice of Action. The applicant shall be notified in writing of the action of the Chief of Police in either granting or denying the permit and, if the application has been denied, the notice shall advise the applicant of his right to appeal to the City Council. Service of the notice may be made by personal service or by registered mail. If service is made by mail, it shall be deemed complete upon deposit in the United States Mail directed to the applicant at his latest address shown on the application. (Ord. 97-19 § 2, 1997: Ord. 1304, 1969: Ord. 1073 (part), 1964: 1949 Code § 4103.3)

7.08.050 Commercial Establishments—Acquisitions.

Commercial establishments possessing such wild animals for the purpose of sale or display may replace the same with others of the same kind, but the number of each shall not be in excess of the number thereof allowed by the terms of such permit. Such establishments may, in the discretion of the approving agency, be granted a permit for such numbers of each kind of wild animal as do not exceed the maximum such establishment estimates will be maintained by it in the City at any one time during the period of the permit. Such permit shall require the immediate notification of the City Manager upon the acquisition of any wild animal having a prior history of any incident involving the public health or safety, or resulting in any bodily injury or property damage. (Ord. 1073 (part), 1964: 1949 Code § 4103.4)

7.08.060 Revocation of Permit.

The City Manager may, for good cause, revoke any permit or modify any terms or provisions thereof, after informal hearing, and may, in the event it is reasonably necessary to protect against an immediate threat to the public health or safety, suspend any permit or portion thereof without hearing, for a period not to exceed thirty (30) days. The permittee shall be given at least three days’ prior written notice of any such hearing. Service of the notice shall be in the same manner as provided in Section 7.08.040. (Ord. 1073 (part), 1964: 1949 Code § 4103.5)

7.08.070 Appeals and Calls for Review.

If any person is aggrieved by any action of the City Manager taken pursuant to this chapter, such person may appeal to the City Council by filing with the City Clerk a statement addressed to the City Council setting forth the facts and circumstances regarding the action or failure to act on the part of the City Manager. A member of the City Council, in their official capacity, may call for review any action of the City Manager under this chapter for the purpose of bringing the matter in front of the entire body for review. A call for review is exempt from the payment of a fee and shall be filed with the City Clerk on a form provided by the Clerk. The City Clerk shall notify the applicant in writing by registered mail of the time and place set for hearing his appeal or a call for review. The City Council, at its next regular meeting held not less than five days from the date on which such appeal or call for review shall have been filed with the City Clerk, shall hold a hearing. The City Council may sustain, overrule or modify the action of the City Manager and its decision shall be final.

The right to appeal to the City Council from any action or decision of the City Manager or the right to file a call for review under this chapter shall terminate upon the expiration of fifteen (15) days following the giving of notice to the applicant advising him or her of the action of the City Manager. (Ord. 2015-9 § 13, 2015: Ord. 1073 (part), 1964: 1949 Code § 4103.6)