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Hello there! This is Thomas. Wanted to come clarify several issues.
Cottonwood Heights is a Township (in essence a private city), that is funded by city taxation etc. They have their own cites and regulations regarding all legal matters. Also including pet ownership.
The apparent violation is lack of an "exotics permit".
Let me post exact ordinance as provided by Cottonwood Heights: Definition of Exotic, Rights to an Exotic permit as well as quantity (or lack of limitation, as their is NO written statute regarding quantity of said EXOTIC).
8.04.110 Exotic animal.
“Exotic animal” means any animal
whose native habitat is not indigenous to the
continental United States, excluding Alaska,
except tropical fish, fur-bearing animals
commercially bred for the furrier trade, birds,
and dangerous animals.
8.04.300 Wild animal.
“Wild animal” means any animal of a
species that in its natural life is usually
untamed and undomesticated, including
hybrids, and animals which, as a result of their
natural or wild condition, cannot be
vaccinated for rabies. These animals include,
but are not limited to:
A. Alligators and crocodiles;
B. Bears (Ursidae). All bears, including
grizzly bears, brown bears, black bears, etc.;
C. Cat family (Felidae). All except the
commonly accepted domesticated cats,
including cheetah, leopard, lion, lynx, panther,
mountain lion, tiger, wildcat, etc.;
D. Constrictor snakes in excess of ten
feet in length;
8.12.120 Exotic animal permit.
It is unlawful for any person to own or
keep an exotic animal without a permit.
Unless prohibited by zoning or other
ordinances or laws, any person, over the age
of 18 years of age, may obtain an exotic
animal permit upon:
A. Demonstrating sufficient knowledge of the species to provide adequate care;
B. Presenting proof of adequate caging
appropriate for the species;
C. Presenting proof that the animal
poses no threat to the health and safety of the
community in the event that the animal should
escape. The director may consult with a
review board comprising federal, state and
local public health authorities in considering a
request for an exotic animal permit; and
D. Presenting proof of required, if any,
state or federal permits.
For the purpose of this section, to
demonstrate “sufficient knowledge” of a
species, a person must show that he has
adequate knowledge of a species to provide
for its basic needs to maintain the animal’s COTTONWOOD HEIGHTS
CODE OF ORDINANCES
8-15 Rev. 7/2011
health and welfare. The director may consider
the person’s experience, education,
apprenticeship or by examination administered by the director when determining that a
person has sufficient knowledge of a species
_______________
So my ordinance code issue, is lack of Exotics animal permit.... I have MET all conditions for said permit. In the direct, copy and pasted ordinance (found here: http://cottonwoodheights.utah.gov/do...de/title_8.pdf). Why would I not be granted said permit? No stipulation on quantity is stated or made. That is police rhetoric and blatantly untrue.
Also let's explore the definition of "Exotic Animal" as stated in the ordinance. Animal who's natural habitat is not indigenous to the lower 48....
So in essence, anyone in MY township of Cottonwood heights who owns a:
Argentina Horned toad (Argentina) to a domestic Hamster (Syria) to a Gerbil (Mongolia) to a Bearded Dragon (Asia) to an Iguana (Mexico) to a Parrot (new and old world rain forests) to a Sugar Glider (Aussie) to a Pixie Frog (Africa) to a Fire Belly Toad (China/Korea and Russia) to a Ferret (N. Africa) to a Love Bird (Africa) to a BALL PYTHON (Africa) to a Whites Tree Frog (Indonesia and Aussie) to a Chameleon (Madagascar) to ANY ANIMAL WHO'S NATURAL HABITAT IS NOT INDIGENOUS TO THE LOWER 48... is in violation... Are we truly going to believe I was the ONLY individual in the entire community that is in this violation? My animals are not a "vicious" animal, they are perfectly kept, they are maintained and healthy and they are in no way a RISK to anyone in the community... What justification, since all the criteria has been met... would I not be allowed to apply for an exotics permit, in an ordinance that I didn't know about....? Yes, negligence isn't bliss.... but, to throw me under the bus when it's a truly "un-enforced" law on nearly anyone else is foolish....
I am attempting to get said permit, which is my only ONLY limitation to owning the animals. Law is the Law.... Be careful when you "speed" throwing those rocks in your glass house. I appreciate any and all support, but anyone in my position would be reaching out for help as well. Fortunately I have a strong network, people that truly care about me and MY ANIMALS, and THEIR WELFARE.... So i'm not concerned about the outcome... I WILL fight this legislation and get a variance or modification if at all possible. I am doing this for the hobby in general.... Many people spitting hate never checked their municipalities... but, guess what? More people will now, which only strengthens our community as a whole.
Thanks for your time,
Good luck on the herp journey.
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The Following 2 Users Say Thank You to tommyhil4_6 For This Useful Post:
ewaldrep (04-28-2013),meowmeowkazoo (05-04-2013)
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