Reptile & Amphibian Forums

As many have heard, this monday the Tualatin city council plans on passing new legislation that affects animal keepers throughout the city. This mostly affect people that keep "exotic" animals including harmless snakes (cornsnakes, boas, the works), arachnids (tarantulas and scorpions), fish (like piranhas) and much much more.

I urge you all to attend the Tualatin City Council meeting this Monday, June 12th, at 7:30 PM. Below is more information about council meetings as well as the extremely restrictive, proposed legislation.

Here is some information about Tualatin council meetings:

Council Meetings

Council meetings are normally the 2nd and 4th Monday of each month, beginning at 7:30pm. Special meetings may be held as required. Council meetings are preceded by a work session at 5:00pm. Work sessions are used to review the agenda and give Council an opportunity to ask questions of staff, to update calendar items, or meet with community leaders. The agenda and Council packet material are available for review in the Library and City offices, and on the City's website at www.ci.tualatin.or.us seven calendar days prior to the Council meeting.

Council meetings are televised live on the 2nd and 4th Mondays of the month at 7:30 p.m. on Tualatin Valley Television Cable Channel 28. The Council meetings are rebroadcast on Wednesdays at 7:00 a.m. and 11:00 p.m., Fridays at 4:00 p.m., Saturdays at 2:30 a.m. and 7:30 p.m. and Sundays at 7:00 a.m.

Here is a PDF file for the agenda for Monday's meeting:
http://www.ci.tualatin.or.us/city/Departments/Administration/ePacket/epacket20060612.pdf

Tualatin Municipal Code that will be repealed or amended:

6-4-010 Definitions. (would be amended)
As used in this Chapter the following definitions
apply:
(1) "Person" means a natural person, firm,
partnership, association or corporation.
(2) "Person in charge of property" means
an agent, occupant, lessee, contract purchaser
or other person having possession or control of
property or the supervision of any construction
project.
(3) "Person responsible" means the person
responsible for abating a nuisance shall include:
(a) The owner.
(b) The person in charge of property, as
defined in Subsection (2).
(c) The person who caused to come
into or continue in existence a nuisance as defined
in this ordinance or another ordinance of
this City.
(4) "Public place" means a building, way,
place or accommodation, whether publicly or
privately owned, open and available to the general
public. [Ord. 501-80 §1, March 10, 1980.]

6-4-020 Dangerous Animals. (would be replealed)
No owner or person in charge of an animal
shall permit an animal which is dangerous to
the public health or safety to be exposed in
public. If the animal is exposed in public, it
may be taken into custody by the City and disposed
of in accordance with the procedures
provided by ordinance for the impoundment of
dogs; except that before the animal is released
by the City, the municipal judge must find that
proper precautions will be taken to insure the
public health and safety. [Ord. 501-80 §2, March 10, 1980.]

6-4-230 Penalties. (would be amended to no less than $250 and upwards of $500 fines)
Any person or persons who shall be convicted
of being the author or keeper of a nuisance,
or otherwise guilty of a violation of any
of the provisions of this ordinance, commits a
civil infraction and shall be fined not less
$10.00, nor more than $50.00 for the first offense,
and for the second and all subsequent offenses,
not less than $25.00, nor more than
$500.00. [Ord. 501-80 §52, March 10, 1980; Ord. 699-86, June 23, 1986.]

the whole animal code can be found in this PDF file: http://www.ci.tualatin.or.us/city/Departments/Legal/images/TMC/Chapter6-4.pdf

the proposed legislation will ammend TMC 6-4-010 to read:
TMC6-4-10 DEFINITIONS
As used in the Chapter the following definitions apply:
(1) "Exotic, wild, or dangerous animal(s)" means any animal which, because of its size, vicious nature, poisonous bite or sting, or other characteristics, would constitute a danger to human life or property if not kept or maintained under the immediate control of the owner. Exotic, wild or dangerous animals include but are not limited to:
(a) Cats other than the Felis catus (domestic cat).
(b) Nonhuman primates.
(c) Wolves, coyotes, or other canines not of the species Canis familaris (domestic dog).
(d) Sharks, dogfish, piranha, or similar carnivorous fish.
(e) Poisonous reptiles and snapping turtles.
(f) Crocodiles, alligators or lizards of species whose average adult length is greater than two (2) feet.
(g) Snakes of a species whose average adult length is greater than two (2) feet.
(g) Bats.
(h) Skunks, weasels, badgers, foxes, mammals of the raccoon family, or wolverines.
(i) Boars or wild pigs.
(j) Bears.
(k) Eagles, hawks, buzzards or similar predatory birds.
(l) Poisonous or stinging insects or arachnids (including bees kept in a hive).
(2) "Person" means a natural person, firm,
partnership, association or corporation.
(3) "Person in charge of property" means
an agent, occupant, lessee, contract purchaser
or other person having possession or control of
property or the supervision of any construction
project.
(4) "Person responsible" means the person
responsible for abating a nuisance shall include:
(a) The owner.
(b) The person in charge of property, as
defined in Subsection (2).
(c) The person who caused to come
into or continue in existence a nuisance as defined
in this ordinance or another ordinance of
this City.
(5) "Public place" means a building, way,
place or accommodation, whether publicly or
privately owned, open and available to the general
public.

the addition of TMC 6-4-021 reads:
6-4-021 Exotic, Wild or Dangerous Animals.
No person shall keep an exotic, wild or dangerous animal within the City. To do so constitutes a nuisance and may be abated as provided in this chapter or cited as a civil infraction pursuant to this chapter and Chapter 7-1 or both.

Join this group: http://groups.yahoo.com/group/OR_petlaw/
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http://www.theherpzone.com

rawk
thanks for the link

I don't live in Tualatin. I actually live in Houston, TX. However, if there is someone I can call to voice opposition to the part prohibiting all snakes over 2 feet in length (if that would help), I would be glad to do what I can from down here. Please let me know. Thanks...

David Roach
www.coldbloodexotics.com

thanks for the offer!

So far so good up here. I've emailed the mayor and all of the council members. So far I have heard back from one member who was expecting that this would be dropped from the agenda on monday. Undoubtedly it will come back in a future meeting, but this now gives us time to educate the council by inviting them to a herp society meeting and to a local show a little over a week from now.

Till then we're keeping out hopes up!

THE OREGONIAN (Portland, Oregon) 10 June 06 To alligator owner, fine from city is a crock - A longtime Tualatin resident says he'll leave the city with his critters rather than get rid of them (Luciana Lopez)
Tualatin: In Tualatin, it could soon be the gators saying "see you later": Resident James "Bugs" Brown said he'll pack up his family, including his pet alligators, and move out of town rather than give up the cold-blooded critters, which city officials claim violate Tualatin code.
The Tualatin City Council was going to consider a law banning alligators and other exotic animals Monday after a neighbor raised concerns about having alligators next door to the day care she operated out of her home.
But a steady flow of calls and e-mails to City Hall persuaded the council to table an exotic animals ordinance. Instead, officials say they will fine Brown for violating current city code allowing for "normal household pets," a definition the city believes doesn't cover alligators Chomper and Hisser or their caiman cousin, Snapper.
"They pushed me to the point where I'll move," said Brown, who has lived in the city for 26 years. His oldest reptile, Snapper, has been with him since 1985. "I'll pack my family up and move."
Because city code allows for a fine of up to $500 for each violation, Brown could pay as much as $1,500 a day if the toothy trio stay in Tualatin.
However, it's unlikely the city would charge him that much; a municipal judge would decide the amount.
"We don't believe that it's a 'normal household pet,' " said Brenda Braden, the city attorney. "Quite honestly, we just feel like we have to cite him."
Tualatin first took up the matter after Brown's neighbor, Tricia Cepeda, discovered the animals and called the city to ask about regulations for pet alligators.
Cepeda, who lives in the house behind Brown's and provides day care services from her home, wanted to know if the city had licensing or other requirements for the animals. She didn't intend for Brown to lose his pets, she said.
The city's new rules would have also banned certain reptiles, bats, boars and weasels as pets. After a story in The Oregonian on Tuesday highlighted the alligators, people e-mailed or called.
As a result, Braden said, the council decided to pull the pets issue from the agenda, with an eye to a possible discussion in the future.
However, Mayor Lou Ogden said the city might not need a new ordinance at all if the current code works out. "If the need arises, we'll respond to it," he added.
Alligators have caused consternation in the metro area before: Al the alligator escaped his Beaverton home in 2002, prompting new pet rules in that city.
Though state laws regulate exotic pets, alligators don't fall under those rules. The state Department of Fish and Wildlife doesn't restrict them, either, because alligators -- which can't survive Oregon's winters in the wild -- aren't considered a threat to native wildlife.
Brown said he'll move the alligators first, then look for a new home outside the city limits.
"I won't live in a place that discriminates," he said, adding that the fines, as well, could prove too much for him. "If I was a multi-millionaire, I'd fight them."
To alligator owner, fine from city is a crock

good news!

The final agenda has been released
And after emails to the city council, the mayor, and press coverage this has been tabled and removed from the agenda

Now we are handwriting invitations to each of the members to a show next weekend and our herp society meeting. a law is inevitable, but education will be our best tool when this comes back up.