You possibly could have guessed that it would be illegal (and downright difficult) to preserve a dolphin, elephant or cheetah in your NYC apartment. In Rhoades , the Washington case discussed above, the owners argued that the Battle Ground city ordinance violated due approach since it did not supply enough notice prior to the impounding and destruction of exotic pets. The animals that have been added to this license-exemption list incorporate boas and pythons, skinks, parrots, hedgehogs, chinchillas, and flying squirrels, among other people.
If and when the individual realizes he/she can no longer care for an exotic pet, he/she normally turns to zoos and other institutions such as sanctuaries to relieve him/her of the responsibility. These states have designed licensing schemes to regulate exotic pets by giving the authority to state agencies to problem permits for animals deemed sufficiently protected. State statutes usually reserve the authority to list new animals to the director of the state wildlife agency.
This case demonstrates the hesitancy of courts to become second-order administrators of exotic pet regulations. In the context of exotic pet regulations, owners have contended that the seizure of their pets constituted a deprivation of house with out adequate notice or opportunity to be heard, thus violating the due approach clause. Coatimundis and ringtail cats are also closely related exotic pets that are comparable. The Massachusetts director of the Division of Fisheries and Wildlife also problems a list of exempted species for which no permit is needed. Both of these protections have been utilized in fighting exotic pet regulations.
In situations in which people do have legitimate property interests in their exotic pets, states have won due process challenges by demonstrating that the depravation approach was enough, consisting of notice and an opportunity to be heard. Similarly, in Kent , the court also held that the rational nexus among the exotic pet ban and public safety was adequate to not violate Kent’s substantive due method rights, in spite of the fact that Kent was technically deprived of his house because he owned the lion prior to the enactment of the ordinance.
For the two-month period such as the time when Clayton Eller was mauled, CWAPC reported one particular human fatality in the U.S. (Clayton), 4 human injuries, six U.S. animal fatalities, 179 confiscations (most from a private breeder in Texas), and eight escapes. These are negative reasons to buy one and the exotic animals end up in sanctuaries or released into the wild.