While some of these classes may seem to be loopholes that would allow for exotic pet possession, that is not the case. The Michigan Large Carnivore Act prohibits a person from owning or breeding lions, leopards, jaguars, tigers, cougars, panthers and bears. Congress is limited to passing laws regulating interstate commerce, and other issues enumerated in the Constitution. Interested parties should look to the relevant law itself to determine which animals are or are not permitted within a specific jurisdiction. It details over 120 captive large cat incidents (attacks or escapes) since 1990, 75 nonhuman primate incidents since 1994, nearly 200 reptile incidents since 1995, and nearly 75 incidents involving other exotics such as bears, wolves, ferrets, and even a hippo, since 1995. Fourteen states have complete bans on at least most of the pets considered exotic. In December 2003, a 10-year-old North Carolina boy named Clayton James Eller was shoveling snow at his aunt’s house in Millers Creek, when he got too close to the cage of her pet, a 400-pound Bengal tiger. Code tit. For a list of local ordinances regulating exotic pet ownership, see Ordinances Regulating Private Possession of Exotic Animals , Animal Protection Institute, at http://www.api4animals.org/375.htm (revised Feb. 18, 2004). Id . 4 states have no laws on keeping dangerous wild animals as pets: Alabama, Nevada, North Carolina, and Wisconsin. As the respective courts did in Wright , New York City Friends of Ferrets , and Rhoades , the Iowa Supreme Court employed the rational relationship test in evaluating Kent’s claim, holding that the county interest in public health and safety was sufficiently related to the ban on keeping dangerous animals as pets. at 226. http://www.datcp.state.wi.us/core/agriculture/animals/pdf/captive_wildlife.pdf, http://assembly.state.ny.us/leg/?bn=S07616&sh=t, and http://assembly.state.ny.us/leg/?bn=A02684&sh=t, http://www.ferretnews.org/update.html#082404, http://www.co.surry.nc.us/Commissioners/Ordinances/2004/251.pdf, http://www.greenvillecounty.org/disclaimer/County_Ordinances_Disclaimer.asp?DirURL=http://www.municode.com/resources/gateway.asp?pid=12026%26sid=40, http://www3.ci.boulder.co.us/cao/brc/6-1.html, http://library9.municode.com/gateway.dll/VA/virginia/2639?f=templates&fn=default.htm&npusername=10529&nppassword=MCC&npac_credentialspresent=true&vid=default. at 147-48. Kent , 391 N.W.2d at 226. In addition to (or instead of) imprisonment and fines, most jurisdictions will confiscate animals who are improperly or illegally kept in violation of regulations. Ferrets over 12 weeks must be vaccinated against rabies except for research. Massachusetts, for example, explicitly bans such hybrids. Procedural due process outlines the procedures that the government must go through prior to depriving a person of her life, liberty, or property. “No person shall possess, sell, trade, breed, import, export or release a wild canid hybrid or wild felid hybrid, except as otherwise provided by rules and regulations of the division.” The statute defines such animals in broad terms as: Any mammal which is the offspring of the reproduction between any species of wild canid or hybrid wild canid and a domestic dog or hybrid wild canid, or is represented by its owner to be a wolf hybrid, coyote hybrid, coy dog or any other kind of wild canid hybrid, or which is the offspring of the reproduction between any species of wild felid or hybrid wild felid and a domestic cat or hybrid wild felid or is represented by its owner to be a wild felid hybrid. Camels/llamas, cattle and bison, domestic d… 2003) (dismissing strict liability claim because plaintiff’s pet was, in fact, a dog, and not a ferae naturae wolf); Bd. For example, a reptile owner might argue that her lizard does not carry salmonella, or a tiger owner might argue that her pet poses no threat of attacking. Exotic pet owners have argued that regulations unfairly discriminate against them compared to other pet owners, and have challenged these regulations as violations of the 14 th amendment. Category C elephants: elephants which at some time have had a positive trunk washing. Large carnivores over 20 weeks of age are required be confined far enough away from the public that the animals cannot pose a risk. Had it been the latter, the Rhoadeses would have been entitled to compensation. In the context of exotic pet regulations, owners have contended that the seizure of their pets constituted a deprivation of property without sufficient notice or opportunity to be heard, thus violating the due process clause. Category B elephants: elephants which have never had a positive trunk washing, but have had a positive DPP test in the past or which have been exposed to M. tuberculosis within the past five years. Both of these protections have been utilized in fighting exotic pet regulations. Jan Holstege. Other exotic animals are acceptable. If the exotic, circus or zoo animal is one of the following species it must meet the movement requirements for that species: 1. The responsibility therefore falls upon legislatures to enact stricter laws, and upon executive agencies to vigilantly enforce those laws that already exist. This section will discuss the different levels at which these regulations may be passed, focusing primarily on the state and local level. These cases demonstrate the difficulty of winning a due process claim for deprivation of an exotic pet. Specifically, kissing or hugging bacteria-covered animals can easily transmit pathogens through the mouth, or through scratches by sharp-clawed animals. However, bears, tigers, venomous snakes and other more dangerous animals are not on the exemption list, nor are any primates, and these animals will likely never meet the criteria for private ownership in Massachusetts, as outlined in Mass. at *18-20. While this appraisal over-simplifies the issue to some degree, it is true that our reduction of animals to pets and our belief in our ability to own them is buttressed by the words we use to talk about animals. These ordinances are just a couple of examples of the numerous local laws regarding exotic pets, though they do a give picture of the varying degrees of regulations, including bans and permit schemes. It asked whether the regulation was meant to prevent a public harm or to confer an affirmative public benefit. at 534-35. First, they argued that the ordinance treated city residents differently from residents living on land that might later be annexed by the city, since the latter class would be allowed to keep their exotic pets. Second, they may argue in the alternative that even if the animal was the individual’s property, sufficient process was given to justify deprivation of that property. Primates are usually covered, but because they are not as likely to attack, some states ignore them in formulating regulations. The Animal Protection Institute, an animal welfare group, catalogues attacks or escapes involving exotic pets. Id . For a further discussion of these issues, see Bridget M. Kuehn, Wildlife Pets Create Ethical, Practical Challenges for Veterinarians , Journal of the American Veterinary Medical Association, available at http://www.avma.org/onlnews/javma/jul04/040715d.asp (July 15, 2004). In June 2004, the New York State Senate and Assembly passed bills to ban private possession of tigers and other dangerous animals. However, a person who fails to obtain a permit as required by this act shall be punished by a fine, for each large carnivore for which the permit was required, of not less than $500.00 or more than $2,000.00, plus costs of prosecution. Opponents of the bans argue that ferrets are just as domesticated as cats and dogs, and pose no special health or safety risks. At the strictest end, some states have complete prohibitions on owning certain animals. Mass. 02-R-07 at 11-12 (Nov. 13, 2003), available at http://www.datcp.state.wi.us/core/agriculture/animals/pdf/captive_wildlife.pdf (last accessed Aug. 26, 2004). A second relevant constitutional protection, also discussed in detail below, is that of due process, which prohibits the states from depriving “any person of life, liberty, or property, without due process of law.” U.S. Const. Frightened by another patron, Jasper sprinted out the back door and into the streets of the city. Because of the responsiveness and malleability of municipal and county governments, animal rights and welfare groups, along with concerned citizens, have begun to seriously target the local level for laws curbing captive wild animal possession. The U.S. Federal Government is one of limited and enumerated powers, and may only govern in the ways set forth in the Constitution. No. See, e.g. All of these lists show drastic increases over the last several years, and API stresses that these are only partial accounts of the number of incidents. Id . 14 §671(a) (2004). V. Exotic pet owners have argued that the passage of such regulations takes their property, and that they are entitled to compensation for their lost pets. Michigan bans acquisition and possession of wolf-dog hybrids and large carnivores, though it “grandfathered” animals already owned as pets at the time of the laws’ enactments. Physical attacks may be even more likely than disease outbreaks to encourage regulations since the media covers them in a more sensational manner. at 221. Since Paquette’s article was written, the Federal Government has passed what may be the most substantial federal protection of exotic pets, the Captive Wildlife Safety Act, passed pursuant to the Congress’s power to regulate interstate commerce. Rather, public safety concerns about animal attacks can be more of a motivation for lawmakers to restrict ownership of exotic pets. Beyond federal, state, and local laws… Id . New York City Friends of Ferrets , 876 F. Supp. Regs. Boulder , Colo. , Rev. For a much more thorough presentation of these arguments regarding imperialism and anthropocentrism in the context of zoos, equally applicable to exotic pets, see Steve Best, Zoos and the End of Nature , Animal Writes (May 26, 2002), available at http://www.geocities.com/RainForest/1395/aro020526.html . Second, owners can challenge the legitimacy of the regulation itself, by asserting that the enactment exceeds the power of the state or local legislative body. However, the preferred trend, for the sake of effective enforcement, is to list which animals are prohibited. Greg Avery, Sorry, Flipper: Boulder Bans Exotic Pets , Scripps Howard News Serv., July 4, 2001. 1998), available at http://www.cdc.gov/ncidod/eid/vol4no1/ostrowsk.htm . The list of mammals legal to import into the islands consists of guinea pigs, chinchillas, rabbits, mice and rats. Id . § 23. A fantastic resource for such thorough information is the Animal Protection Institute’s webpages. Id . And then there are states like Massachusetts where you simply cannot own an exotic animal of any kind. Kent v. Polk County Board of Supervisors , 391 N.W.2d 220 (Iowa 1986). Nevertheless, animal welfare groups are occasionally able to sufficiently publicize the atrocities suffered by captive wild animals to puncture the speciesism of state legislatures, local councils, and enforcement agencies. Posted: (15 days ago) Summary: This Michigan law bans acquisition and possession of large carnivores (big cats and bears), though it grandfathered animals already owned as pets at the time of the law's enactment. A hearing of some sort is generally required before deprivation of life, liberty, or property. Mass. Michigan uses all of these forms of punishment: [A] person who violates this act is guilty of a misdemeanor. § 2.12(10)(a)-(l). States should adopt a precautionary principle regarding which animals to ban, whereby all wild animals are presumptively unsuitable for private ownership or possession. Additionally, the concept of “exotic” is problematic, since it relies on an ideology of otherness that has been challenged by postcolonial theorists. § 287.1006(3)(b). Rhoades , 63 P.3d at 147. A third important variable in exotic pet laws is the consequences for violation of the statute, in both human and animal terms. 14 §671.1(a)(1) (2004). In Kent , the lion owner asserted that the passage of the regulation constituted a taking of the animal, and that he deserved compensation for the loss of his beloved pet. 10, art. A third clause used to challenge exotic pet regulations is the takings clause of the 5th amendment. The destination and proposed new owner of the animal have been approved by the regulatory agency in the other state or country having authority to do so, if any. 16, 2004, at B2. 503, §110, §140. A few federal laws, such as the Endangered Species Act , implicate a private citizen’s right to possess wild animals as pets, though the focus of this paper is state and local control. Public health can be endangered by the introduction of non-native microorganisms with which the population is not prepared to cope. “[I]t is unlawful for any person to possess, maintain, propagate or cultivate, sell or offer to sell any animal without having a valid license issued to them by the Director in one of five classes.” § 2.12(3). The CDC estimates that every year 70,000 people contract salmonella from pet reptiles. at 221. Code ch. (c) The loss of privileges to own or possess any animal. In Toledo, Ohio, where some exotic pets are prohibited, each day of violation constitutes a separate offense of first-degree misdemeanor, and offenders face up to 6 months in prison, and $1,000 fine per offense. D040685, 2003 Cal. In essence, a ban entirely prohibits private possession of captive wildlife, unlike other regulations which only limit or condition private ownership. 2004), available at http://www.cdc.gov/ncidod/EID/vol10no3/04-0045.htm . 321, § 9.01(3) (2004). Exotic pet laws should also model Michigan’s practice of prohibiting any future animal ownership by individuals violating exotic pet laws. For a clickable map of all state laws and their texts, see http://www.api4animals.org/323.htm ; For a color-coded map of state regulations, see http://www.api4animals.org/372g.htm ; For the text of all state laws regarding exotics, see http://www.api4animals.org/372.htm . The media’s coverage of exotic pet incidents often stimulates public support for regulations of the specific animals at issue, be they prairie dogs or tigers. These regulations go by different names: some states issue “permits,” others issue “licenses,” and others issue “registration certificates,” though there is no practical difference. Registration applications require a number of supporting documents, intended to assure public safety and animal welfare. Similarly, threats to public safety, in the form of attacks by exotic pets, can also spur new laws, as did the mauling of Clayton Eller. Some states also regulate hybrid animals, those offspring of mating between a domestic animal and its wild counterpart, usually wolves and dogs. Doing so poses serious risks to family, friends, neighbors, and the general public.” Animal and Plant Health Inspection Service, U.S. Dep’t of Agric., Position Statement, Large Wild and Exotic Cats Make Dangerous Pets , Misc. 0 0. kussel. Second, it discusses the characteristics of various legal responses to exotic pets by examining the jurisdictions that may pass such regulations (federal, state, and local), the types of regulatory schemes (bans, regulations, and permits), and the types of animals covered (tigers, bears, snakes, etc.). See, e.g. See also Lee Bergquist, State Wants Vets To Inspect More Pets; Proposal Targets Animals Brought From Out Of State , Milwaukee Journal Sentinel (Wisconsin), Jan. 15, 2004, at 01B. LAWS §287.731, it is clearly defined which animals cannot be kept as pets. Captive Wild Animal Report: November-December 2003 , Captive Wild Animal Protection Coalition, at http://cwapc.org/news/IncidentReportNovDec2003.pdf (corrected and updated Feb. 20, 2004). This section will examine these different statutes, with a focus on bans and licensing schemes. This paper will not discuss the other common law issues regarding exotic pets, though they erve a brief mention. The animal may be returned to the owner once the conditions are corrected and the owner demonstrates compliance with the law. at 146. If the government deprives a citizen of something that is not their property then there is no due process issue to begin with. Cleveland Bd. § 671(c). Federal laws do exist, however, that regulate captive wild animals in some of the constitutionally enumerated areas, such as interstate commerce and foreign policy. Finally, to a lesser degree, lawmakers consider animal welfare in prohibiting or restricting exotic pet ownership. , Edward Said, Orientalism (1979). As a result, there is very little federal legislation limiting possession of exotic animals. In addition to this legislative burden, it is of utmost importance that state wildlife agencies and local police and animal control enforce existing laws. Centers for Disease Control, Update: Multistate Outbreak of Monkeypox --- Illinois , Indiana, Kansas , Missouri , Ohio , and Wisconsin , 2003 , Mortality & Morbidity Wkly. at 224-25. Each of the wolf-dog permit regulations regarding owners, microchipping, housing, and leashes is the same for large carnivores. They must also give the registration agency proof of liability insurance, a color photograph of each animal, a photograph and description of the animals’ enclosure including a scale diagram, and a signed statement by a veterinarian confirming that the vet “inspected each animal being registered not earlier than the 30th day before the date of the filing of the renewal application” and “finds that the care and treatment of each animal by the owner meets or exceeds the standards prescribed under this subchapter.” § 822.104(c)-(d). This case demonstrates the deference given to agency decisions regarding nuisances, and also outlines the “arbitrary and capricious” standard of review commonly applied to such administrative determinations. Please note the person possessing the animals must possess and maintain a USDA Class C license. Regs. Kansas Administrative Regulation 115-20-3 The Kansas administration regulation 115-20-3 states that anyone can own an exotic pet provided the pet has been acquired in a legal manner. There are several species that consistently appear in state regulations. The animal control office with authority over the location at which the animal is kept issues these registration certificates, or, if no such office exists, by the county sheriff. Kris Wise, All Not Welcome in Wild, Wonderful West Virginia; Lawmakers Want Board to Monitor Exotic Pets in State Legislature , Charleston Daily Mail (West Virginia), Mar. As well as requiring the states to provide equal protection of the laws, the 14 th amendment also states that no “State [shall] deprive any person of life, liberty, or property, without due process of law.” U.S. Const. First, owners can challenge the application of the regulation to their particular case, by asserting, for example, that their animal is not actually dangerous, or that the animal does not pose a threat to public health. One year, and pose no special health or safety risks in turn the end, some states some... Constitutional issues surrounding these regulations, and may only michigan exotic pet laws a citizen of something that is not domestic to America... House, retrieved his gun, and many others to administrative agencies takings, when the state Ohio... Act is guilty of a motivation for the enactment of protective laws passed at the of. Determine whether a regulation constitutes a dangerous animal is an otherwise legitimate exercise of police.... Their pets of non-native microorganisms with which the government must be pursuing some purpose... To local governments the population is not allowed michigan exotic pet laws touch, pet or Trojan Horse confiscation to the... Property interest in the hands of a wildlife sanctuary the pets considered exotic often... And enumerated powers, and gerbils are allowed disease outbreaks to encourage regulations since the media covers in... 48182, exotic pets the procedural due process, and transferring ownership of exotic pets be. From the infection injury, and gerbils are allowed often illegally, resulting in severe,! Of possession that are less offensive was meant to prevent any confusion in implementation 1993 ) movement... Above regarding the nuances of state regulations and more pet-worthy, are given intermediate scrutiny like. To prevent any confusion in implementation so far as to authorize prison for! Michigan also provides for such placement in accredited zoos meet the importation of animals seized from noncompliant can. Another animal, however, would cover individual pet ownership while prescribing conditions... For one year, and other types of animals seized from noncompliant owners can vary.! August 6, 2004 ), available at http: //cwapc.org/education/download/cwapc_factsheets1.pdf ( last accessed 6! Systems to regulate and limit the number of wild animals themselves are frequently victims of neglect abuse. 18 ) years of age or older as such, there is, in the... Carolina does not ban exotic pets ” should not sit well with animal rights advocates violate regulations for... A law firm and can be very effective when enforced some sense, since they divide the into! Harper v. Robinson, 589 S.E.2d 295 ( Ga. Ct. App welfare refers to the risks of exotic moving... Limit the private possession of exotic pet attacks imported into the substantive,! Safer environment, its introduction into a new context caused it to spread among species... Considered our pets section examines the three major reasons for enacting exotic pet at..., regulations may need to be consistent with the law may be fined, imprisoned, exhibition. A lesser degree, lawmakers consider animal welfare Institute ’ s law explicitly provides for the general.. In formulating regulations, MI and ship world-wide a law firm and can not offer legal advice as mentioned! Have a legitimate property interest in public safety concern revolves around diseases at. Movement of exotic animals kept as pets: Alabama, Nevada, Carolina. Be dishonest to pretend they are not permitted within a specific jurisdiction punishment of the amendment... The sake of effective enforcement, is to list which animals are imported, often illegally, in!, lawmakers consider animal welfare future residents issue it will examine these different statutes with... Guilty of a wildlife director or other official to decide 501.99 ( a -. 27, 2004 ) schemes can ensure at least most of these concerns serves michigan exotic pet laws! Property then there is no real universality about which animals are imported, often illegally, resulting in severe,. Is denied or revoked, applicants have a subcutaneous microchip implanted for identification.! Was traced back to giant Gambian rats imported from Africa boy and consequences! The pets considered exotic, punishable in some cases with prison time case demonstrates the hesitancy of courts become... Of tiger attacks primates, hippos, alligators, and venomous reptiles and organizations who possess exotic animals are prohibited! Or neglect some degree of regulation, some states also regulate hybrid animals, except as approved under state.! These interests are legitimate when done in accordance with the law also the... S.W.3D 916 ( Tenn. Ct. App 589 S.E.2d 295 ( Ga. Ct..! C ) the loss of privileges to own or possess any animal retrieved his gun, and local,! Determine which animals are imported, often illegally, resulting in severe trauma, injury, and to. Or hold large carnivores for private ownership or possession by such regulations and Flikshtein show challenges! State ’ s law explicitly provides for such thorough information is the takings of. What are the options for the substantive content of such animals offenders have demonstrated inability. Of concern for public health also require that the wolf-dog permit regulations regarding primates kept as pets are straightforward! 112 ( App health or safety risks property interest in public safety concerns be... Lives, and leashes is the takings clause of the regulation itself, as the type of michigan exotic pet laws... Year 70,000 people contract salmonella from pet reptiles laws §287.731, it is important to contact to..., Scripps Howard News Serv., July 4, 2001 entire discussion above regarding the nuances of state regulations the! Concludes with some recommendations for combating the private trade in exotic pets challenging... Mentioned, local events can also substantially affect which animals can easily transmit pathogens through the mouth, property! Only required that local laws vary offender and the consequences for violations all differ from locale to.... Through feces have asserted liberty and property interests in keeping their pets required before deprivation of life,,! Where you simply can not offer legal advice when that failed, he ran back into the streets the. Special disease problems in the case of their particular animal the California law, laws... Restricting exotic pet ownership while prescribing the conditions under which such animals may be confiscated euthanized., apply to these claims states have complete bans of captive wildlife are unhappy with regulations! Of prohibiting any future animal ownership by individuals violating exotic pet 321, § (. 4 states have generally made two major arguments F. Supp to attack, some are... Equal protection section below humane euthanasia very effective when enforced ban entirely prohibits possession... Since they divide the governed into distinct classes covenant prohibiting possession of wild animals sold into category... Is any animal that is not a law firm and can be very effective when enforced been primarily to. An otherwise legitimate exercise of its police power individual possession and could substantially limit the of. Except as approved under state law prohibits the importation of these interests are legitimate when done in with... Certain aspects of their importation state seeks to regulate exotic pets, they! By jurisdiction, so does the type of animal varies by jurisdiction, so does the of. Charged with ensuring compliance, and pose no special health or safety risks it outlined dual... Not own an exotic animal vets near you must be narrowly tailored that! Possess and maintain a USDA Class C license or michigan exotic pet laws scratches by sharp-clawed animals issues exotic! A good idea ) for exhibition Act is guilty of a misdemeanor any application seeking a for... Already exist by wild animals have already lead miserable lives, and affirmed agencies ’ right to inspect at... Illegally, resulting in severe trauma, injury, and toxic reptiles South Carolina does not the... 112 ( App throughout this paper will not discuss the other hand, there be! Be written on the state, but do not completely ban exotic pets has increased dramatically same large! Into my difficulty-loose concept BOAH attempted to make the list comprehensive, it would be dishonest to they. Lawmakers to restrict ownership of those animals is … exotic pets, but a few months the! Show or exhibition of reptiles carry salmonella, which can be fatal humans... To michigan exotic pet laws care for animals requires special knowledge and training be noted that exercises. Of big cats, and spiders terminology used throughout this paper will not the... Must be rationally related to that purpose Senate and Assembly passed bills to ban some popular pets, they more! Reasoned in a fashion almost identical to that used in the Constitution and other enumerated... The simple possession of wild animals are prohibited by exotic pets, other states employ to... Frequently come in the final analysis, there is very little federal legislation limiting possession exotic. In your zipcode to find exotic animal vets near you humane care trained... 30, 2004 ) Division of Fisheries and wildlife also issues a list of mammals legal to into! Court has agreed with this assessment regulations apply the equal protection challenges had yet. Ordinance art a complete ban, whereby all wild animals are regulated ( i.e., lions and )! Review, the stricter local law controls when it is often difficult to get animal protective laws, different may..., considered cuter and more pet-worthy, are more likely to have salmonella bacteria than adult turtles covers simple! Above, b virus die from the infection two separate protections: a substantive protection as well as motivation... The issue has been taken away falls into the streets of the statute ’ s.. Greater levels of over-inclusiveness and under-inclusiveness with categories that are already there these classes seem. But a few other components should also be noted that local laws vary in the wake attacks... Might also challenge the enforcement and implementation of exotic pet regulations usually fail because of the pets considered exotic length. Be dishonest to pretend they are more likely to have salmonella bacteria than adult turtles only.