Wild animals in residential neighborhoods
The following addresses two issues. The first is Hillsborough County’s new zoning code that could eliminate Class I Wildlife (lions, tigers, bears…) from all residential neighborhoods. The second is how the Florida Wildlife Commission is circumventing the state law that requires the posting of a 10,000 bond by those exhibiting Class I animals by creating a new category of Class I owner who does not have to exhibit or sell to possess such animals.
The Florida Statutes read:
372.922 Personal possession of wildlife.—( 379.3762 is new FS# in 2008)
(1) It is unlawful for any person or persons to possess any wildlife as defined in this act, whether indigenous to Florida or not, until she or he has obtained a permit as provided by this section from the Fish and Wildlife Conservation Commission.
(2) The classifications of types of wildlife and fees to be paid for permits for the personal possession of wildlife shall be as follows:
Class I--Wildlife which, because of its nature, habits, or status, shall not be possessed as a personal pet.
Based upon the FS at the time, Class I Wildlife could only be possessed for exhibition or sale.
Based upon the FS at the time, a bond requirement was passed into law as follows:
379.374 Bond required, amount.-- Read the Florida Statute
(2) No person, party, firm, or corporation shall exhibit to the public either with or without charge or admission fee, any Class I wildlife, as defined in s. 379.303 and commission rule, without having first guaranteed financial responsibility, in the sum of $10,000, for any liability which may be incurred in the exhibition to the public of Class I wildlife…
9/17/08 According to Col. Julie Jones, of the Florida Wildlife Commission (FWC) a person could be breeding and selling Class I animals in their home and not be subject to the bond requirement, but if they exhibited they were required to post the bond. It stands to reason that the only way they could be selling, without exhibiting, would be by mail order or by listing their “pet” tiger for sale at such a high price that there would be no takers, and yet they would be complying with the statute and the FWC rules.
The new Hillsborough County rules below go into effect Oct. 1, 2008 and clearly state that NO animals may be kept in any residential zoning if they are for sale.
It gets a little vague after that as it says that Exotic Animals may be kept in residential zoning for “personal enjoyment” but Florida Statute 379.3762 clearly states that Class I Wildlife shall not be “possessed as a personal pet.”
- Class I--Wildlife which, because of its nature, habits, or status, shall not be possessed as a personal pet.
Under the current Florida Statutes and Florida Wildlife Commission rules, Class I Wildlife may only be possessed for exhibition or sale, but the Hillsborough County code states that Household Animals can not be exhibited nor raised for any commercial purpose (sale). The intent is clear, but the caveat that states “However, in no case shall household animals include farm animals or exotic animals as defined by this Code.” muddies the water by creating an opportunity for a mis interpretation to be that the prohibition of exhibition and sale would not apply to farm and exotic animals.
The new Hillsborough County ordinance Sec. 6.11.13. Animals Get the PDF
B. In Residential Districts
1. No animal, other than household animals as defined in this Code, shall be kept in any residential zoning district, except that exotic animals may be kept for personal enjoyment with appropriate license/permit from the State of Florida.
2. No animals shall be raised or kept in any residential zoning district for the purpose of sale to another party.
The FWC maintains that municipalities cannot enact rules that would restrict the possession of wild animals by singling out exotics from other types of animals. It appears that Hillsborough County has come very close to wording that would effectively remove Class I Wildlife (although not others) from residential neighborhoods, without over stepping their authority to do so, by way of including all animals. Only the last sentence in their definition of a Household Animal makes it subject to mis interpretation.
Hillsborough Counties definitions:
PART 12.01.00 DEFINITIONS
Animal: A living organism other than bacterium or humans. As used in this Code, animals are further defined/classified as follows:
Exotic Animal: All animals which are not farm animals or household animals as defined by this Code.
Farm Animal: Animals commonly associated with farm use including but not limited to domestic hoofed mammals and domestic fowl.
Domestic Fowl: Birds commonly raised for consumption, egg production or personal enjoyment which include but are not limited to chickens, ducks, turkeys and geese. Domestic fowl shall not include ostriches, emus and similar birds.
Domestic Hoofed Mammal: Cattle, sheep, goats, horses, pigs, etc.
Household Animal: Animals which are customarily kept for personal use or enjoyment that are not exhibited to the public nor raised for commercial purposes. Household animals shall include domestic dogs, domestic cats, white mice, domestic rabbits, birds, fish, and other similar pets. However, in no case shall household animals include farm animals or exotic animals as defined by this Code.
The confusion could be resolved by removing the last sentence “However, in no case shall household animals include farm animals or exotic animals as defined by this Code.”
A new category of Class I Pet Owner Get the PDF
The Florida Wildlife Commission has proposed a new rule that would allow people to possess Class I Wildlife without the necessity of exhibition or sale, which would exclude them from the state law that was implemented in July 2007 that required a 10,000 bond to be posted by anyone exhibiting Class I Wildlife. At the time, exhibition and sale were required activities in order to possess Class I Wildlife. The situation that caused the public demand for the new law was based upon possession of Class I Wildlife by a man who kept lions, tigers and bears in his back yard. While he did not truly meet the requirement of exhibiting or sale to possess the animals, he was granted a license by the FWC, under the auspices of doing so. The new law was intended to protect the public from people who possess Class I Wildlife; not just those who really exhibit them.
68A-6.0025 Sanctuaries; Retired Performing Wildlife and Identification. (1) … For the purposes of this section a wildlife sanctuary for captive wildlife shall be defined as a facility established for the sole purpose of providing lifetime care for unwanted or infirmed captive wildlife. Such wildlife sanctuary for captive wildlife shall be operated in compliance with the provisions of Chapter 68A-6, F.A.C., and this section. (a) The following acts which perpetuate the commercial trade in wildlife including the exhibition, trade, sale, offering for trade or sale, breeding, or buying of captive wildlife or parts thereof by any such wildlife sanctuary for captive wildlife is prohibited…
This does not define a new class of sanctuary, but rather a new class of Class I Wildlife pet owner. By prohibiting exhibition and sale it provides a new way of possessing dangerous wildlife. This is a very bad idea for four reasons:
- Class I Wildlife can now be kept by anyone who sets up a non profit (and most of them already have one) so that they do not have to post a bond.
- Class I Wildlife may be kept away from public scrutiny. The FWC almost never shuts down a facility despite years of non compliance with even the most minimal of rules.
- USDA does not regulate the exotic animal industry unless animals are being sold or exhibited. While USDA usually takes six years or more to shut down the most heinous of facilities, they would not be able to regulate these pet owners.
- The worst abusers need lots of places to discard unwanted lions, tigers, bears and other exotics once they are over 3-4 months old and too hard to handle. By making it easy for unwitting people to “rescue” a juvenile Class I animal it enables the “perpetuation of the commercial trade” that the new “sanctuary definition” claims to be enacted to prevent.
Check out this memorandum of law on what counties can do.
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