87-4-803. Permits. (1) The department may grant permits for roadside menageries, wild animal menageries, and zoos. It is unlawful for any person to operate a roadside menagerie or wild animal menagerie without a permit. 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 guilty of a misdemeanor and may be denied a permit.
     (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 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 American zoo and aquarium association 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.

     History: En. Secs. 2, 3, Ch. 130, L. 1969; amd. Sec. 13, Ch. 417, L. 1977; R.C.M. 1947, 26-1206(1), 26-1207; amd. Sec. 4, Ch. 322, L. 1999.