505.14 DANGEROUS ANIMALS; DEFINITIONS.

   (a)    "Dangerous animal" means any animal which is carnivorous or which, because of its nature or physical makeup is capable of inflicting serious physical harm to human beings, including the cat family, the dog family, alligators, crocodiles, snakes which present a risk of physical harm to human beings; all bears, wolverines, badgers, lions, tigers and elephants and such other animals as the Director of Public Safety and Service determines by written regulations to be dangerous animals. Any animal which has been found by the Director to have caused any serious physical harm to any human being shall be conclusively presumed to be a dangerous animal, whether or not it was previously listed as such.

   (b)    "Serious physical harm", to human beings, means any of the following:

      (1)    Any mental illness or condition of such gravity as would normally require hospitalization or prolonged psychiatric treatment;

      (2)    Any physical harm which carries a substantial risk of death;

      (3)    Any physical harm which involves some permanent incapacity, whether partial or total, or which involves some temporary, substantial incapacity;

      (4)    Any physical harm which involves some permanent disfigurement or which involves some temporary, serious disfigurement;

      (5)    Any physical harm which involves acute pain of such duration as to result in substantial suffering, or which involves any degree of prolonged or intractable pain.

   (c)    "Own, keep or harbor" means to have legal title to or custody or control over any dangerous animal in the City, except as otherwise provided in Section 505.16.

   (d)    "Person" includes any natural person, association, partnership, organization or corporation.   

(Ord. 67-82. Passed 8-16-82; Ord. 58-85. Passed 7-15-85.)

505.15 OWNING, KEEPING OR HARBORING DANGEROUS ANIMALS PROHIBITED.

   Except as provided in Section 505.16, no person shall own, sell, trade, exhibit, keep or harbor any animal which has been designated by the Director of Public Safety and Service as a dangerous animal, or any animal designated dangerous in Section 505.14(a).

(Ord. 58-85. Passed 7-15-85.)

505.16 EXEMPTIONS.

   (a)    The provisions of Sections 505.14 and 505.15 shall not apply to any circus, carnival, zoo or other event for entertainment or education as provided in the regulations referred to in subsection (e) hereof.

   (b)    Any person wishing to seek exemption for any animal shall first file an application with the Director of Public Safety and Service.

   (c)    No such exemption shall be granted unless all regulations of the Director of Public Safety and Service are complied with and until the applicant demonstrates ownership of a liability insurance policy or bond or both as provided in the regulations referred to in subsection (e) hereof.

   (d)    The Director of Public Safety and Service shall promulgate regulations to carry out the provisions and purposes of Sections 505.14 to 505.20. All such properly adopted regulations shall have the full force and effect of law.

   (e)    Regulations created by the Director of Public Safety and Service for Sections 505.14 through 505.20 shall be published in a fashion similar to other regulations promulgated by the Director of Public Safety and Service and shall be on file for inspection with the City Law Director, City Auditor, the Office of the Council Clerk and the Office of the Director of Public Safety and Service at least fifteen days prior to the implementation of such regulations or any amendments thereto or any enforcement thereof.

(Ord. 58-85. Passed 7-15-85.)

505.17 NOTICE OF KEEPING DANGEROUS ANIMALS.

   Prior to any action being taken which is authorized by Section 505.14 et seq., written notice shall be sent by certified mail and regular mail to any person that is keeping or harboring a dangerous animal. Such notice shall require such person to safely remove the animal from the City, within thirty days of the date of delivery of the notice. Notice as herein provided shall not be required where such dangerous animal has recently caused serious physical harm or death to any person, or has escaped and is at large in which case the Director of Public Safety and Service shall cause the animal to be immediately seized, impounded or killed according to the provisions of Section 505.18.

(Ord. 58-85. Passed 7-15-85.)

505.18 SEIZURE AND IMPOUNDING OF DANGEROUS ANIMALS.

   (a)    The Director of Public Safety and Service shall seize or cause to be seized or impounded any dangerous animal, where the person owning, keeping or harboring such animal, has failed to comply with the notice sent pursuant to Section 505.17 or where such animal has injured or attempted to injure any person, or such animal is at large. Upon seizure or impoundment, the animal shall be delivered to a place of confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animals, including but not limited to the Cleveland Metroparks Zoo, the Chief of the State Division of Wildlife or any other governmental body or unit consenting to take such animal into custody.

   (b)    If during the course of seizing and impounding any such animal, the animal poses a risk of serious physical harm or death to any person, the animal may be rendered immobile, by means of tranquilizers or other safe drugs or if that is not safely possible, then such animal may be killed.

   (c)    Any dangerous animal which causes serious physical harm to any human being shall be confiscated by the Director of Public Safety and Service or his agents and shall be destroyed. No destruction shall occur until any observation or testing, which may be required by the Health Department is completed.

(Ord. 58-85. Passed 7-15-85.)