ALERT: Richmond, VA

Apr 27, 2023 | USARK Newsletter

UPDATE 7/24: The ordinance passed but was amended with changes such as a grandfathering clause and other provisions pushed by stakeholders, including USARK.

UPDATE 5/23: This is the grandfathering amendment that has been added to the proposal: https://usark.org/wp-content/uploads/2023/05/23-Richmond-amendment.pdf. NOTE: Current through 1:00 PM EST on May 24, there is an article from the Richmond Times Dispatch stating that this proposal/ban has passed. All that passed was this amendment. The proposal remains on the June 12 agenda.

UPDATE 5/21/23: This has been postponed and moved to the Monday, June 12 City Council meeting.

UPDATE 5/8/23: This issue was tabled and moved to the Monday, May 22 City Council meeting.

Richmond, Virginia has proposed a local ban on “exotic or wild animals” (species list below) with a meeting scheduled for May 8. You can read the draft ordinance at the bottom of this page. Virginia already has a comprehensive state law (4VAC15-30-40. Importation requirements, possession, and sale of nonnative (exotic) animals found at https://law.lis.virginia.gov/admincode/title4/agency15/chapter30/section40/) regarding specific animals that require state-issued permits to possess, import, or sell.

Note that there is no grandfathering mentioned! This means that even currently owned animals will be illegal to keep. Also, there is not even any grace period for people to rehome their animals. The ordinance is effective immediately upon passage.

While the draft ordinance should not impact too many animal owners, anyone with animals should get involved and attend the hearing as the proposed language can always change, especially if animal owners do not engage.

[Note: The definition for “exotic or wild animal” regarding mammals could be problematic since the definition for exotic mammal includes “any other warm-blooded animal which can normally be found in the wild.” This means the banned mammal list is not limited to the listed species.]

Meeting info: 6:00 PM on May 8, 2023, Council Chamber, 2nd Floor – City Hall

To access the meeting via Microsoft Teams, use the following link: https://tinyurl.com/rvacouncilformal-20230508 or dial *67-804-316-9457 and enter ID: 986 179 044#.


Read the full proposal below or at https://richmondva.legistar.com/LegislationDetail.aspx?ID=6185088&GUID=31156FE4-855A-42B1-9BB2-1977B280B898&Options=ID%7CText%7C&Search=animal&FullText=1.

You can find contact details and names of City Council members at https://www.rva.gov/richmond-city-council/council-contacts.

Sample Messaging

Email list: andreas.addison@rva.gov, katherine.jordan@rva.gov, sven.philipsen@rva.gov, whitney.brown@rva.gov, ann-frances.lambert@rva.gov, kiya.stokes@rva.gov, kristen.larson@rva.gov, timmy.siverd@rva.gov, stephanie.lynch@rva.gov, amy.robins@rva.gov, ellen.robertson@rva.gov, tavares.floyd@rva.gov, cynthia.newbille@rva.gov, sam.patterson@rva.gov, reva.trammell@rva.gov, richard.bishop@rva.gov, michael.jones@rva.gov, ken.wright@rva.gov

Subject line: NO to exotic animal ban

Richmond City Council Members,

As a Richmond resident and responsible animal owner, I oppose the proposed ban on “exotic or wild animals.” I find this proposal to be a waste of Richmond’s resources, money, and time. Most of the species listed are already heavily regulated under state law at 4VAC15-30-40 titled “Importation requirements, possession, and sale of nonnative (exotic) animals.” Animal welfare and cruelty laws, as well as public safety/threat laws, can also be applied to situations that arise.

This is collective punishment and is a horrible form of government overreach. The overreach is so bad that there is not even an opportunity for people owning these species currently to keep them. Bans on animal ownership are simply flawed government policy and there are alternatives, such as laws that punish those who are actually doing something wrong.

I oppose this ordinance as written and hope the Board will consult subject matter experts and local stakeholders on rational approaches rather than this unjust ban. Please focus on actual criminals and those violating animal welfare or public safety laws rather than passing laws that harm responsible animal owners. Thank you and have a good day.

Sincerely,

YOUR NAME


Draft Ordinance

To amend ch. 4, art. IV, div. 3 of the City Code by adding therein a new section 4-401, concerning exotic and wild animals.

THE CITY OF RICHMOND HEREBY ORDAINS:

§ 1.                     That Chapter 4, Article IV, Division 3 of the Code of the City of Richmond (2020) be and hereby is amended and reordained by adding therein a new section numbered 4-401 as follows:

Sec. 4-401.                     Exotic and wild animals.

(a)                     For purposes of this section, the term “exotic or wild animal” means any live monkey (non-human primate), raccoon, opossum, skunk, wolf, coyote, squirrel, fox, leopard, panther, tiger, lion, lynx, caracal, bobcat, bear or any other warm-blooded animal which can normally be found in the wild, as well as any venomous or poisonous reptile or amphibian or any member of the crocodilian family, including but not limited to, alligators, crocodiles, caimans and gavials. Ferrets, rabbits, chinchillas, sugar gliders, hedgehogs, hamsters, gerbils, guinea pigs, mice, and rats that have been in captivity and that have never known the wild and domestically bred or legally imported birds, non-venomous reptiles, amphibians, and fish shall not constitute “exotic or wild animals.”

(b)                      It shall be unlawful for any person to own, breed, purchase, sell, offer for purchase or sale, keep, maintain, or have in such person’s possession or in such person’s control any exotic or wild animal in the city, except for zoological parks, performing animal exhibitions, circuses, wildlife rehabilitators, or veterinary clinics that are property licensed by the federal government or state government or unless that person previously has obtained a permit issued by the department for such exotic or wild animal, except that persons holding a Category I, II, or III Wildlife Rehabilitation Permit and applicable state law.

(c)                      Any person who keeps an exotic or wild animal in contravention of this section may dispose of the animal by removing the animal permanently from the city of Richmond, by giving or selling the animal to a zoological park, or by releasing the animal to the Department, which shall release the animal to the wild, to a zoological park, or other entity approved for the care and protection of the particular species and that is properly licensed by the federal government or the state government.

(d)                     This ordinance shall not apply to employees of federal and state wildlife management agencies, or to employees of private wildlife control companies permitted by the Virginia Department of Wildlife Resources to possess wild animals while acting in their official capacities.

(e)                     Any person convicted of a violation of this section shall be guilty of a Class 3 misdemeanor.

§ 2.                   This ordinance shall be in force and effect upon adoption.

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