The council's manager environment and community protection Mark Verbaken has recommended "the status quo remain, namely that council does not introduce policy to restrict circus activity on council land".

His advice will be debated by the council at its meeting on Monday night and follows it voting 4-2 last November to stop hiring its land to circuses with exotic animals.

Subsequent to that ballot, council rescinded its decision after concerns about the definition of terms and its practical application.

Mr Verbaken's call and related report is a result of the rescission motion which was unanimously passed.

He cited legal concerns for keeping the present policy.

"Whilst the RSCPA and others do not support the use of exotic animals in a circus setting due to constant travelling and confinement, any stance taken by council on animal welfare grounds is unlikely to be able to be sustained if legally challenged due to the lack of evidence or prosecutions," Mr Verbaken wrote.

"Any stance taken would therefore need to be on animal rights grounds, which would set a new precedent and be very likely to result in future, pressure being applied to other activities that involve the use of animals.

"Accordingly, it is recommended that restrictions on the use of council land for a circus not be pursued."

A survey of other Victorian municipalities found 54 had a ban and 16 did not.

The issue blew-up in Wodonga last July when Lennon Bros Circus, which has performing lions, staged shows at Gateway Island.

In response to community concern, councillor Kat Bennett called for an investigation into banning circuses and carnivals with exotic animals from municipal land.

In his report, Mr Verbaken noted that more than 10,000 patrons attended Lennon Bros season and that reflected community support.

He also acknowledged opposing online petitions collated through change.org.

One in support of the ban attracted nearly 2000 signatories, while more than 500 people logged in to oppose exotic animals being outlawed.

Mr Verbaken wrote council itself received three pieces of correspondence after the Lennon Bros visit and all opposed a ban.

The RSPCA wrote to the council after the rescission motion, reiterating its support for a bar. 

It is unclear whether Cr Bennett will continue to seek a change in the council's position.

She did not reply to The Border Mail's requests for an interview on Friday.

She said in November she had been contacted by 75 people with concerns.