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Redmond, WA Ordinance No. 2035

Not an official copy.

Redmond, WA
Ordinance No. 2035

AN ORDINANCE OF THE CITY OF REDMOND, WASHINGTON, ADDING A NEW CHAPTER 7.08 TO THE REDMOND MUNICIPAL CODE PROHIBITING THE DISPLAY OF WILD OR EXOTIC ANIMALS FOR ENTERTAINMENT OR AMUSEMENT PURPOSES; AMENDING THE DEFINITION OF CIRCUS IN SECTION 5.28.010(D) OF THE REDMOND MUNICIPAL CODE IN ORDER TO BE CONSISTENT WITH THE PROHIBITION; PROVIDING THAT VIOLATION IS A CIVIL INFRACTION TO BE PUNISHED BY A MONETARY PENALTY AS PROVIDED IN CHAPTER 1.14 OF THE REDMOND MUNICIPAL CODE; PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE.

WHEREAS, in order to protect the welfare of animals and to prevent their exploitation, the Redmond City Council has determined that the display of wild or exotic animals for entertainment or amusement purposes should be prohibited within the City, NOW, THEREFORE,

THE CITY COUNCIL OF THE CITY OF REDMOND, WASHINGTON, DO ORDAIN AS FOLLOWS:

    Section 1. Display of Wild and Exotic Animals Prohibited. A new Chapter 7.08 is hereby added to the Redmond Municipal Code to read as follows:

      7.08.010 Intent. It is the intent of this Chapter to control hazards to the physical and mental health of the public and to promote the protection of animals by prohibiting the display of wild or exotic animals for public entertainment or amusement in the City of Redmond.

      7.08.020 Definitions. As used in this Chapter, the following terms have the meanings set forth below:

      A. "Display" means to undertake any exhibition, act, circus, public show, trade show, photographic opportunity, carnival, ride, parade, petting zoo, race, performance or similar undertaking in which animals are required to perform tricks, fight or participate in performances for the amusement or entertainment of an audience. Display shall not include the use or exhibition of animals for educational purposes by institutions that are accredited by the American Zoological Association, or by The Association of Sanctuaries. "Displayed" means to be the subject thereof.

      B. "Wild or exotic animal" means any or all of the following animals, whether bred in the wild or in captivity, and also any or all of their hybrids with domestic species. It is not the intent of this section to include domesticated species such as, horses, cows, sheep, or llamas of the animals listed below. The words in parentheses are intended to act as examples only and are not to be construed as being an exhaustive list or to otherwise limit the generality of each group of animals:

      1. Non-human primates and prosimians (such as chimpanzees, monkeys);

      2. Felids, except domesticated cats;

      3. Canis, including wolf hybrids and except domesticated dogs;

      4. Rusids (bears);

      5. Elephants;

      6. Marine mammals (such as seals, sea lions, dolphins, otters);

      7. Cocodilians (such as alligators and crocodiles);

      8. Marsupials (such as kangaroos and opossums);

      9. Snakes and reptiles;

      10. Ungulates (such as hippopotamus, rhinoceros, giraffe, camel, zebra, deer);

      11. Hyenas;

      12. Mustelids (such as skunks, weasels, otters and badgers);

      13. Procyonids (such as raccoons and coatis);

      14. Endentates (such as anteaters, sloth and armadillos);

      15. Viverrids (such as mongooses, civets, and genets)

      16. Camels; and

      17. Cetaceans.

      C. "Person" means any individual, partnership, corporation, joint venture, association, trust, estate or any other legal entity and any officer, member, shareholder, director, employee, agent or representative of same.

      7.08.030 Display Prohibited. No person may display or sponsor a display of wild or exotic animals on any public or private property within the City of Redmond.

      7.08.040 Violation – Penalties. . This Chapter shall be enforced as provided in Chapter 1.14 of the Redmond Municipal Code, provided that the criminal penalties set forth in that Chapter shall not apply. Any person displaying or sponsoring a display of wild or exotic animals in violation of this Chapter shall instead have committed a civil infraction and shall be assessed a monetary penalty as provided in Subsection 1.14.060(b) of the Redmond Municipal Code.

      7.08.050 Exception. The provisions of this Chapter shall not apply to the display of wild or exotic animals by American Zoological Association (AZA) accredited institutions, or by The Association of Sanctuaries.

    Section 2. Definition of Circus Amended. Subsection 5.28.010(D) of the Redmond Municipal code is hereby amended to read as follows:

      D. "Circus" means any institution featuring exhibits for the purpose of entertainment and includes, but is not limited to, exhibitions and performances by clowns, acrobats and/or animals, provided, that nothing in this Chapter shall be construed as authorizing any display of wild or exotic animals otherwise prohibited by the Redmond Municipal Code.

    Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance.

    Section 4. Effective Date. This ordinance, being the exercise of a power specifically delegated to the City’s legislative body, is not subject to referendum and shall take effect and be in full force five (5) days after its passage and publication of an approved summary consisting of the title.

    CITY OF REDMOND

    /S/ MAYOR ROSEMARIE IVES

ATTEST/AUTHENTICATED:

/S/ CITY CLERK, BONNIE MATTSON

APPROVED AS TO FORM:

OFFICE OF THE CITY ATTORNEY:

/S/ JAMES E. HANEY

FILED WITH THE CITY CLERK: October 13, 1999

PASSED BY THE CITY COUNCIL: October 19, 1999

SIGNED BY THE MAYOR: October 19, 1999

PUBLISHED: October 23, 1999

EFFECTIVE DATE: October 28, 1999

ORDINANCE NO. 2035