(a) No person shall knowingly keep, maintain or have in his possession or under his control within the City any dangerous or carnivorous wild animal or reptile, any vicious or dangerous domesticated animal, or any other animal or reptile of wild, vicious or dangerous propensities, except to the extent that an exemption may be applicable pursuant to subsections (e) or (f) hereof. As used in this section, "dangerous or vicious animal" means and includes the following:
(1) Any animal with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domestic animals; or
(2) Any animal which attacks a human being or domestic animal without provocation; or
(3) Any animal owned or harbored primarily or in part for the purpose of fighting or any animal trained for fighting.
(b) The prohibitions of subsections (a)(1) through (a)(3) hereof shall not be applicable to the owners or keepers of domesticated dogs or cats; provided, however, that the owners or keepers of a domesticated dog or cat which by its characteristics meets the definitions of a dangerous or vicious animal set forth in subsections (a)(1) through (4) hereof shall be subject to the following requirements:
(1) No such person shall suffer or permit such animal to go unconfined on the land or building of such person.
(2) No such person shall permit such animal to run on the property of the owner other than in the back yard of the property, in residential districts.
(3) Such person in residential districts shall maintain fencing in the back yard which is not less than six (6) feet in height; which shall be constructed from stockade or solid screening material; which shall fully confine the animal and prevent the animal from reaching over, under or through the fence with its jaws, teeth or claws; and which fencing shall be set back a minimum of four (4) feet from any adjacent property lines.
(4) No such person shall suffer or permit such animal to go beyond the land or building of such person unless such animal is securely restrained and muzzled.
(5) No such person shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence of not less than $100,000 due to damage, injury or death of a person caused by the vicious animal.
(c) Any person charged with violating any provisions of this section regarding vicious animals may challenge the designation by law enforcement of their animal as vicious through the following procedure:
(1) Request, in writing, a hearing before the Director of Public Safety of the City. Such request must include the name, address and telephone number of the person charged, the date of the charge and brief explanation of the reason for the challenge. The request must be received by the Director of Public Safety within 7 business days of the charge.
(2) The Director of Public Safety will set a hearing before himself or his designee within 10 business days of receipt of the written request.
(3) If, after hearing, the Director of Public Safety in his discretion finds the animal to be vicious, such preliminary ruling is binding and final until such time as a court hears the charges, at which time the court assumes sole jurisdiction over the issue. If the Director of Public Safety finds the animal does not satisfy one or more of the definitions of vicious under the ordinance, he shall direct the police to withdraw the charges.
(d) For purposes of this section, there shall be an irrebuttable presumption that, when kept or maintained within the City of Canton, the animals listed below are considered dangerous animals to which the prohibition of subsection (a) hereof, in the absence of an exemption pursuant to subsections (e) or (f) hereof, applies:
(1) All crotalid, elapid and venomous colubroid snakes;
(2) Apes: Gibbons (hylobates); gorillas (Gorilla); orangutans (Pongo); and siamangs (Symphalangus);
(3) Baboons (Papoi, Mandrillus);
(4) Bears (Ursidae);
(5) Bison (Bison);
(6) Cheetahs (Acinonyx jubatus);
(7) Crocodilians (corcodilia) when twenty-four (24) inches in length or more;
(8) Constrictor snakes exceeding six (6) feet in length;
(9) Coyotes (Canis latrans);
(10) Deer (cervidae) includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose;
(11) Elephants (Elephas and Loxodonta);
(12) Foxes (Canis vulpes);
(13) Game cocks and other fighting birds;
(14) Hippopotami (Hippopotamidae);
(15) Hyenas (Hyaenidae);
(16) Jaguars (Panthera onca);
(17) Leopards (Panthera pardus);
(18) Lions (Panthera leo);
(19) Lynxes (Lynx);
(20) Ostriches (Struthio);
(21) Piranha fish (Characidae), except those considered vegetarians;
(22) Pumas (Felis concolor), also known as cougars, mountain lions and panthers;
(23) Rhinoceroses (Rhinocerotidae);
(24) Sharks (Class Chondrichthyes);
(25) Snow leopards (Panthera uncia);
(26) Swine (Suidae);
(27) Tigers (Panthera tigris);
(28) Wolves (Canis lupus);
(29) Scorpions;
(30) Birds of prey, except for those held by licensed falconers;
(31) Venomous fish;
(32) Poisonous spiders, except for tarantulas;
(33) Stinging insects (except honey bees);
(34) Bats.
(e) Licensed menageries, zoological gardens, and circuses shall be exempt from the provisions of subsection (a) hereof if all of the following conditions are applicable:
(1) The location conforms to the provisions of the City Zoning Code;
(2) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors;
(3) Animals are maintained in quarters so constructed as to prevent their escape; and
(4) No person resides within fifty (50) feet of the quarters in which the animals are kept.
(f) Notwithstanding any of the foregoing, the Director of Public Safety may grant a specific exemption, on a temporary or permanent basis, from any of the provisions of this section to any person with a legitimate scientific, educational, commercial or other purpose for maintaining the prohibited animals, in accordance with the following provisions:
(1) Written application for exemption shall be filed by any person desiring to obtain an exemption with the Director of Public Safety. The application shall state the applicant's name, address, type and number of animals desired to be kept, general purpose for which the animals will be kept, and a general description of provisions which will be made for safe, sanitary and secure maintenance of the animals.
(2) The Director of Public Safety may grant, deny or restrict the terms of an application for exemption; provided, however, that he shall take some official action on an application within 120 days of its filing.
(3) In considering the merits of an application for exemption, the Director of Public Safety may cause one or more inspections of the applicant's premises to be made by appropriate City employees or representatives, and may also refer the application to persons who are technically knowledgeable with respect to the animals involved for an advisory opinion.
(4) In evaluating an application for exemption, the Director of Public Safety shall give consideration to the following criteria:
A. The experience and knowledge of the applicant relative to the animals involved;
B. Whether the applicant has obtained a federal or state permit relative to the animals involved;
C. The relative danger, safety and health risks to the general public, to persons residing or passing near the applicant's premises, and to the applicant in connection with the animals involved;
D. The provisions which have been or will be made for the safe, sanitary and secure maintenance of the animals for the protection of the general public, persons residing or passing near the applicant's premises, and the applicant;
E. The provisions which have been made or will be made to protect the safety and health of the animals involved;
F. Any other logically relevant information.
(5) An application for exemption under this subsection (e) shall be denied unless the Director of Public Safety determines that, in view of all the relevant criteria and any restrictions which he may provide, reasonably appropriate measures commensurate with the degree of risk associated with the animals involved have been or will be taken to assure at least a minimum acceptable level of protection from danger to the health and safety of the general public, persons residing or passing near the applicant's premises, and the applicant.
(6) An exemption granted pursuant to this subsection (e) may be withdrawn by action of the Director of Public Safety in the event that the Director determines that there has been a change in the conditions or assumptions under which it was originally granted or in the event that the applicant fails to comply with restrictions originally placed on the exemption.
(g) No exemption granted pursuant to any provision of this section shall be construed, nor is it intended by the City of Canton as a guaranty or warranty of any kind, whether express or implied, to any person, including without limitation the general public, persons residing or passing near the applicant's premises, or the applicant, either in general or individually, as to the danger or lack thereof, or degree of risk or health or safety of any animal, specifically or generally, or any premises where any animal is maintained or kept pursuant to such exemption.
(h) Penalty. Whoever violates any provision of this section shall be guilty of a misdemeanor of the first degree.
(Ord. 123-2007. Passed 7-9-07.)
(Ord. 123-2007. Passed 7-9-07.)