§ 6-54. Temporary permit; registration for productions.  


Latest version.
  • (a)

    In this section, the term 'production' means any temporary exhibition or use of a wild animal for purposes of a television, movie or stage production, circus or carnival performance, traveling zoo or animal exposition or other similar use.

    (b)

    A temporary and nonrenewable permit to possess a wild animal in the city for a period of not more than 30 calendar days may be obtained from the director for the purpose of a production. The applicant for a production permit shall demonstrate to the director that:

    (1)

    The wild animal is required for the production;

    (2)

    The wild animal will be in the direct charge of its trainer or another person who is familiar with the wild animal and has been trained in its handling and care;

    (3)

    The applicant will, consistent with the size and characteristics of the wild animal, have additional handlers available as required to control the wild animal at any time that it is not confined;

    (4)

    The owner of each place where the production will take place and the owner of each place where the wild animal will be kept, if different, has consented in writing to its presence;

    (5)

    The applicant holds a policy of public liability insurance issued by a carrier authorized to write the policy under Texas law in an amount of not less than $100,000.00, per occurrence, providing coverage in case of injury or death of any person or damage to any property that results from negligence in the control or handling of the wild animal; and

    (6)

    The wild animal will be kept in such manner as to prevent its escape and to prevent injury to persons not associated with the production.

    (c)

    Applications for permits shall be made in writing to the director upon forms promulgated for that purpose and shall be submitted to the director at least 20 calendar days before the commencement of the production. Each application shall be accompanied by the nonrefundable fee in the amounts stated in the city fee schedule for five or fewer wild animals, for six to ten wild animals or for 11 or more wild animals.

    (d)

    A permit issued under this section is valid only for the designated production and the keeping of a wild animal in the city for that limited purpose and shall only extend for the duration of the production.

    (e)

    The director shall have the right to inspect a wild animal at any time while it is being kept under a permit issued under this section.

    (f)

    If the director denies a permit application, he shall give the applicant notice of the reasons for denial and an opportunity for a hearing.

    Following notice, the director may revoke a permit for any violation of this article or applicable state or federal laws. The permit holder shall be afforded an opportunity for a hearing before a permit is revoked. Pending the hearing, the director may suspend the permit if the actions of the permit holder appear to constitute a substantial hazard to public health or safety. Hearings and proceedings referenced in this subsection shall be conducted in the same manner as provided in division 4 of article IV of this chapter for denials, suspensions and revocations of breeder's permits.

    (g)

    The provisions of this section shall not be construed to require a person to obtain a city permit if the person holds a current and valid exhibitors license under the Federal Animal Welfare Act (7 U.S.C. § 2131 et seq.) or a current and valid circus, carnival or zoo operators license issued under chapter 2152 of the Texas Occupations Code and is conducting the production under authority of the state or federal license, provided that the person registers his production with the director at least 20 calendar days prior to the commencement of the production and provides the following information:

    (1)

    A description of each wild animal to be kept;

    (2)

    A copy of the state or federal license or other evidence that the person holds a current and valid state or federal license to keep and use the wild animals for the production;

    (3)

    Evidence that each person on whose property the production will be presented or the wild animals will be kept has consented to the presence of the wild animals on the person's property; and

    (4)

    The name, local address and local telephone number of a person or persons who may be contacted for inspections conducted or notices given by the director or in case of any escape, attack or other incident involving the wild animal.

    The director may conduct inspections of wild animals kept pursuant to registrations filed under this section and, in cooperation with responsible state and federal regulatory authorities, may take action as appropriate to ensure that wild animals are kept and exhibited in accordance with applicable state and federal requirements. Failure to complete the registration with the director prior to 20 calendar days before the commencement of the exhibition will result in a late fee in the amount stated in the city fee schedule.

(Ord. No. 2014-244, § 2(Exh. A), 3-26-2014)