Montana Code 87-4-803. Permits
87-4-803. Permits. (1) The department may grant permits for roadside menageries, wild animal menageries, wildlife sanctuaries, and zoos. Application for a permit must be made to the director on a form prescribed by the director. The annual permit fee for five or less animals is $10. The annual permit fee for more than five animals is $25. Permits expire on December 31 but may be renewed upon payment of the annual fee and submission of a renewal application. This section does not apply to the United States, the state of Montana, or any county or city. A person who subscribes to any false statement in application for a permit is subject to the provisions of 87-6-715 and may be denied a permit.
Terms Used In Montana Code 87-4-803
- Contract: A legal written agreement that becomes binding when signed.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Property: means real and personal property. See Montana Code 1-1-205
- Roadside menagerie: means any place where one or more wild animals, including birds, reptiles, and the like, are kept in captivity for the evident purpose of exhibition, attracting trade, or other commercial purposes on or off the facility premises. See Montana Code 87-4-801
- State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Montana Code 1-1-201
- United States: includes the District of Columbia and the territories. See Montana Code 1-1-201
- Wild animal: means an animal that is wild by nature as distinguished from the common domestic animals, whether the animal was bred or reared in captivity, and includes birds and reptiles. See Montana Code 87-4-801
- Wild animal menagerie: means any place where one or more bears or large cats, including cougars, lions, tigers, jaguars, leopards, pumas, cheetahs, ocelots, and hybrids of those large cats are kept in captivity for use other than public exhibition. See Montana Code 87-4-801
- Wildlife sanctuary: means a facility organized as a Montana nonprofit corporation pursuant to Title 35, chapter 2, or in good standing with and accredited by the American sanctuary association or the global federation of animal sanctuaries for the purpose of providing homes for nonreleasable wild animals. See Montana Code 87-4-801
- Zoo: means any zoological garden chartered as a nonprofit corporation by the state or in good standing with and accredited by the association of zoos and aquariums or the zoological association of America for the purpose of exhibiting wild animals for public viewing. See Montana Code 87-4-801
(2)(a) A permit application for a roadside menagerie must include:
(i)the applicant’s name and address;
(ii)the exact location of the facility;
(iii)a list of species and the number of animals to be held in the facility;
(iv)the type of facility contemplated, including cage specifications;
(v)a copy of all required federal permits for exhibition of wild animals; and
(vi)a copy of a liability insurance policy to cover bodily injury or property damage.
(b)A permit application for a wild animal menagerie must include:
(i)the applicant’s name and address;
(ii)the exact location of the facility, together with the nature of the applicant’s title to the land, whether in fee, under lease, by contract for deed, or otherwise;
(iii)a list of species and the number of animals to be held in the facility;
(iv)the type of facility contemplated, including cage specifications; and
(v)information demonstrating that the applicant is responsible.
(c)A permit application for a wildlife sanctuary or a zoo must include:
(i)the applicant’s name and address;
(ii)the exact location of the facility;
(iii)a copy of the nonprofit corporation documents approved by the secretary of state’s office;
(iv)a copy of the required federal permits for exhibition of wild animals; and
(v)if applicable, a copy of the association of zoos and aquariums, the zoological association of America, the American sanctuary association, or the global federation of animal sanctuaries accreditation program specific to the facility.
(3)Renewal applications for roadside menageries and wild animal menageries must include an accounting of all wild animals on the facility.
(4)A permit may not be granted by the department until it has satisfactorily verified that the provisions for housing and caring for the animals and for protecting the public are proper and adequate and in accordance with the standards established by the department.
(5)A permit is not transferable to another person.