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AGENDA INFORMATION SHEET
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<br />PROJECT: Regulation of dangerous wild animals.
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<br />BACKGROUND: The City of Paris has prohibited the keeping of dangerous wild animals since 1970. The
<br />77th Texas Legislature enacted legislation which, while not impinging on the right of home rule cities to prohibit
<br />the keeping of such animals altogether, requires cities which do not prohibit these animals to enact an
<br />ordinance which provides for a registration and certification program for the keeping of such animals.
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<br />DESCRIPTION: In 1970, the City of Paris enacted an ordinance prohibiting the keeping of dangerous wild
<br />animals. Section 5-10 of the Code of Ordinances of the City of Paris provides that:
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<br />No person shall maintain any bears, lions, foxes, wildcats, jaguars, cheetahs, bobcats, wolves,
<br />jackals, leopards, hyenas, rats or any other wild animals, which may be considered dangerous
<br />by the chief of police, within the city. The only exception to this section shall be upon
<br />authorization of the city manager approving a temporary permit for a specific period of time.
<br />The charge for such permit shall be set at a minimum of one hundred dollars ($100.00).
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<br />This ordinance is somewhat vague in that it gives the chief of police apparently unfettered authority to declare
<br />any type of animal to be dangerous, and may therefore be vulnerable to a constitutional attack. The new
<br />legislation, by its terms, does not prevent a municipality from prohibiting or regulating by ordinance the
<br />ownership, possession, confinement, or care of a dangerous wild animal. However, the legislation provides
<br />that in the absence of an outright ban on the keeping of such animals, a municipality must adopt an ordinance
<br />creating a certification and registration program for the keeping of dangerous wild animal. The bill (HB 1362,
<br />which amends the Texas Health & Safety Code, Chapter 822, by adding Subchapter E) sets forth fairly specific
<br />criteria which must be incorporated into the program. An applicant for such a certificate must provide
<br />numerous details about each animal, a photograph of each animal, and certification by a veterinarian as to the
<br />animal's health. The statute also provides requirements as to the enclosure in which the animal is to be kept.
<br />Additionally, the bill sets forth a list of animals deemed dangerous by the legislature: lions, tigers, ocelots,
<br />cougars, leopards, cheetahs, jaguars, bobcats, lynxes, servals, caracals, hyenas, bears, coyotes, jackals,
<br />baboons, chimpanzees, orangutans, gorillas, or any hybrid of any of the above-mentioned animals. A city
<br />which wishes to set up the registration and certification must have passed the ordinance no later than December
<br />1, 2001.
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<br />RECOMMENDED ACTION:
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<br />Direct City staff as to whether the City Council wishes to maintain our present stance of
<br />prohibiting the keeping of dangerous wild animals or wishes City staff to prepare and forward
<br />an ordinance in conformance with HB 1362 for the regulation, registration, and certification
<br />of dangerous wild animals to be kept in the city limits.
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<br />If Council prefers to maintain the outright ban on the keeping of such animals, Council should
<br />consider directing staff to forward to Council for consideration an amendment to existing
<br />Section 5-10 of the Code of Ordinances which would clarify the provision, especially with
<br />regard to those animals which are prohibited in conformance with the list of animals in HB
<br />1362.
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<br />STAFF CONTACT: Larry W. Schenk, City Attorney; Stephanie H. Harris, Assistant City Attorney; Karl
<br />Louis, Chief of Police; Lt. Bob Hundley, Paris Police Department and supervisor of Animal Control
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