§ 6-58. Transport of wild animals used for film making, productions, etc.  


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  • (a)

    It is an affirmative defense to prosecution under section 6-52 of this Code that the person cited was transporting the wild animal by vehicle upon the public streets and that the wild animal was secured within the vehicle being utilized for its transport in such a manner that it could not escape from the vehicle, it could not come into contact with any person who was not also within or upon the vehicle, and it could not come into contact with the driver of the vehicle while the vehicle was in motion.

    (b)

    It is also an affirmative defense to prosecution under section 6-52 of this Code that, at the time of the alleged offense:

    (1)

    The person cited was actually utilizing the wild animal at a production site for the purposes of the production of a motion picture being made for viewing by the general public, or a film or tape designed for use in a television show or television advertisement and in which the use of the wild animal was specified by the script; and

    (2)

    The person cited had the written permission of the person having the right of possession and control of the production site to use the wild animal on the site in the production; and

    (3)

    The wild animal was in the immediate and direct charge of a person who had been trained in its care and handling and who was responsible to ensure that the animal could not come in contact with persons who had not affirmatively consented to be involved in the production, and who was responsible for the prevention of its escape or any injuries or damage that the animal might cause to persons or property at all times during its utilization at the production site, and who had under his control and supervision at all times the wild animal was present no fewer than four additional persons over 18 years of age who could assist if needed in controlling the animal; and

    (4)

    The person cited had given the director five calendar days' prior written notice of his intent to utilize the wild animal, specifying the type of wild animal and production activity, the location of the production site, the address of the place where the wild animal would be kept when not in use at the production site, dates and times that the wild animal would be present at the site, and the name and a local address and telephone number at which the handler of the wild animal could be contacted during the production activity. The notice shall be either mailed, certified mail, return receipt requested, or hand-delivered to the Director, c/o Animal Control Manager, BARC, 2700 Evella, Houston, Texas 77026.

    (c)

    The provisions of section 6-52 of this Code shall be applicable to the wild animal when it is kept within the city while not being used in the production.

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