(a) Certain domestic animals prohibited.
(1) No person shall keep or harbor any horses, cattle, sheep, ponies, mules, goats, pigs, hogs, potbelly pigs, poultry, ostriches, emus, or rheas within the Village limits unless addressed otherwise in the Zoning Ordinance No. 1450.
(2) Whoever violates this division (a) of this section is guilty of a minor misdemeanor and each day after notice of the violation is considered a separate offense.
(b) Report of escape of exotic or dangerous animal.
(1) The owner or keeper of any member of a species of the animal kingdom that escapes from his or her custody or control and that is not indigenous to this State or presents a risk of serious physical harm to persons or property, or both, shall, within one hour after he or she discovers or reasonably should have discovered the escape, report it to a law enforcement officer of the Municipality and/or the sheriff of the County where the escape occurred.
(2) Whoever violates this division (b) of this section is guilty of a misdemeanor of the first degree and each day after notice of the violation is considered a separate offense.
(c) Wild or dangerous animals.
(1) Definition and prohibition. No person shall keep, maintain, or have in his or her possession or under his or her control within the Village of Coldwater any wild or dangerous animal.: A "wild or dangerous animal" means and includes any wild mammal, reptile or fowl which is not naturally tame or gentle but is of a wild nature or disposition and which because of its size, vicious nature or other characteristics would constitute a danger to human life or property, if it escaped from secure quarters. "Dangerous animal" also includes any domestic animals, reptile or fowl, which because of its size or vicious propensity or other characteristic would constitute a danger to human life or property if it escaped from its secure quarters. Wild or dangerous animals include but are not limited to the following:
A. Any animal which has been declared to be protected or endangered by the U.S. Department of Interior or the Ohio Revised Code;
B. All poisonous animals, including rearfang snakes;
C. Badgers (mellinae);
D. Bears (ursidae);
E. Beavers (castoridae);
F. Bobcats;
G. Canids, that is: wolves, foxes, coyotes, jackals and dingo.;
H. Civet (viverrines);
I. Crocodilians, that is: alligators, crocodiles, caiman, and cavigs;
J. Eagles, hawks, owls (falconiformes);
K. Edentata, that is anteaters; tamanduas, sloths, armadillos;
L. Felids, that is: lions, tigers, leopards, cheetahs, jaguars, pumas, lynx, and ocelots;
M. Hyenidac (hyenas);
N. Marsupials, that is: opossums, tasmanian wolf, kangaroos, koalas and wombats;
O. Porcupine (hystricomorpha);
P. Primates (nonhuman), that is apes, monkeys, baboons, chimpanzees, gibbons, gorillas, organgutans and siamangs;
Q. Procunoids, that is raccoons, coatis, kinkajous, ring-tailed cats, pandas;
R. Ungulates, that is: elephants, zebra, rhinoceroses, camel, lama, caribou, antelope, bison, reindeer, deer, giraffe, hippopotamus, wild boar, gazelle and gnu;
S. Water buffalo (bubalus);
T. Wart Hogs (phacochoerus acthiopicus);
U. Weasels;
V. Wolverines (gulo gulo).
(2) Exceptions.
A. This section does not apply to any circus or to any person while transporting any animal, fish, fowl or reptile through the Village of Coldwater provided that the animal, fish, fowl, or reptile is adequately restrained to avoid injury to persons or damage to property.
B. The keeping of such animals in a bonafide, licensed veterinary hospital for treatment or pet store where goods, merchandise, and animals are kept and sold or offered for sale at retail. Said store must possess and maintain a proper zoning 'certificate for said retail sale of goods, merchandise and animals. Said store must possess, maintain and comply with all appropriate local, state and federal licenses, certificates, documents and any other thing or things required by law to operate a retail store.
C. The keeping of such animals for exhibit to the public by an exhibit or show temporarily within the Village of Coldwater, for a period not to exceed seven days unless prior written approval for a longer period is received from the Mayor.
D. The keeping of such animals in bonafide educational or medical institutions, museums, or any other place where they are kept as live specimens for the public view or for the purpose of instruction or study. Dangerous or poisonous reptiles may be maintained by bonafide educational or medical institutions for the purpose of instruction or study provided, such reptiles are securely confined.
(d) Current owners of wild and dangerous animals.
(1) Any person owning, keeping or harboring a wild or dangerous animal at the time of passage of Ordinance 1521may continue to keep or harbor said animal until the animal's death or until its ownership is transferred but must be in compliance with all Federal and State regulations.
(2) Any person owning, keeping, or harboring a dangerous animal at the time of passage of Ordinance 1521 must register said dangerous animal with the Police Department, and if required under a policy established by the Police Department shall visibly and prominently post and display a sign at the premises where in such dangerous animal is kept or harbored providing notice to the public that a dangerous animal is being kept or harbored within the premises.
(3) Any person owning, keeping, or harboring a wild or dangerous animal at the time of passage of Ordinance 1521 shall not permit such animal to go unconfined on the premises of such person or permit such animal to, go beyond the premises of such person unless such animal is securely leashed and muzzled or otherwise securely restrained.
(4) Any person owning, keeping, or harboring a wild or dangerous animal shall be liable for any claim of loss, damage or injury to persons resulting from acts, whether intentional or unintentional, of said animal.
(e) Enforcement. Any officer of the Police Department or other agent duly authorized by the Director of Public Safety shall be responsible for the enforcement of the provisions of this section.
(f) Destruction of vicious, wild or exotic animals. In addition to any other penalty provided in this section, any Judge of the Municipal Court or the Common Pleas Court may order that any vicious, wild or exotic animal, which attacks a person or domestic animal to be destroyed if the court finds that such vicious, wild or exotic animal represents a continuing threat of serious harm to persons or domestic animals. Any person found guilty of violating any provision of this section shall bear all expenses including shelter, food, boarding, and veterinary expenses necessitated by the seizure of any vicious, wild or exotic animal for the protection of the public and for such other expenses as may be required for the destruction of such animal.
(g) Penalty.
(1) Whoever violates any provision of this section is guilty of a misdemeanor of the fourth degree; on a second offense within three years after the first offense, such person is guilty of a misdemeanor of the fourth degree; on a third offense within three years after the first offense such person is guilty of a misdemeanor of the first degree and such person may be imprisoned for not more than six months and shall be fined one thousand dollars ($1,000.00) which fine shall be mandatory and shall not be suspended or remitted.
(2) Whoever violates any provision of this section, and death results to any other person by reason thereof, shall be deemed to have acted in willful and wanton disregard of. human life or with recklessness with regard thereto.
(Ord. 1521. Passed 4-25-05.)