(a) Prohibited or dangerous animals.
(1) Prohibition. It shall be unlawful for any person, officer, agent or employee of an organization or business, to keep, maintain or have in his or her possession or under his or her control within the village corporate limits any living animal as defined by this division or any living dangerous animal designated by this division.
(2) Definitions. For the purposes of this division, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
A. DANGEROUS ANIMAL. Any living wild mammal, reptile, fowl or other vertebrate and invertebrate species which is not naturally tame or gentle, but is of a wild nature or disposition, and which because its characteristics may constitute a danger to human life, or property if it escaped from secure quarters. DANGEROUS ANIMAL also includes any living domestic reptile, fowl, mammal or other vertebrate or invertebrate species which because of its size or vicious propensity or other characteristics would constitute a danger to human life or property if it escaped from secure quarters.
B. DOMESTIC ANIMALS. Animals that are indigenous to the North American continent which are not normally tamed.
C. DOMESTICATED. Animals which are normally tame for the purpose of household pets.
D. PROHIBITED ANIMALS. Except as provided in this division, it shall be unlawful for any person to keep, maintain, in his or her possession or under his or her control within the village any of the following animals:
1. Any animal which has been declared to be protected or endangered by the U.S. Department of the Interior, the U.S. Department of Agriculture, the Ohio Revised Code, the Ohio Administrative Code or Commercial Point resolutions and ordinances;
2. All poisonous animals, including rear fang snakes;
3. Badgers;
4. Bears;
5. Beavers;
6. Canids, that is, wolves, foxes, coyotes, jackals, dingos;
7. Civet, that is, any of various catlike animals related to the mongoose, native to the warmer regions of Africa, Europe, and Asia, having a narrow head, a pointed muzzle, and a slender body;
8. Constrictor snakes;
9. Crocodilians, that is, alligators, crocodiles, caimans, cavils;
10. Eagles, hawks, owls;
11. Edenata, that is, anteaters, tamandvas, sloths, armadillos;
12. Emus;
13. Felids, that is, lions, tigers, leopards, cheetahs, jaguars, pumas, lynx, ocelots;
14. Game cocks and other fighting birds;
15. Hyenas;
16. Marsupials, that is, opossums, tasmaininan wolf, kangaroos, koalas, wombats;
17. Muskrats;
18. Ostriches;
19. Porcupines;
20. Primates (non-human), that is, apes, monkeys, baboons, chimpanzees gibbons, gorillas, orangutans, siamangs;
21. Procuonids, that is, raccoons, coatis, kinkajous, ring tailed cats, pandas;
22. Rats;
23. Rheas;
24. Skunks;
25. Squirrels;
26. Swine;
27. Ungulates;
28. Water buffalo;
29. Wart hogs;
30. Weasels;
31. Wolverines;
32. Woodchucks;
33. Bats; and
34. Exotic and domestic venomous spiders.
(3) Hybrid animals. No person shall raise, breed any of the aforementioned animals with normally tame domestic animals for the purpose of sale or possession. Any animal with any part of the animals listed above shall be considered a dangerous animal.
(4) Violations.
A. Whoever violates any provisions of this division (a) is guilty of a minor misdemeanor and shall be fined not more than $150 plus costs.
B. Each day the violation continues shall be treated as a separate offense.
C. If a person has been previously convicted of a violation of this division, the subsequent violation shall constitute a misdemeanor of the first degree with all maximum fines and penalties.
(5) Current animals in village limits.
A. 1. No owner, keeper or harborer of a dangerous animal shall fail to secure personal injury and property damage liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence subject to a limit, exclusive of interest and costs, of not less than $100,000 because of damage or bodily injury to or death of a person caused by the dangerous animal.
2. A certificate of insurance shall be filed with the village by any owner, keeper or harborer of a dangerous animal.
3. It shall contain a provision or commitment from the insurer that the village will be notified by the insurer if coverage is cancelled.
B. Secured quarters or caged pen shall be constructed so as to assure that the animal will not escape nor will unauthorized persons be able to enter. A cage, pen or other housing containing such animal shall be enclosed on all sides and the top with a gate locked with a padlock or other locking device requiring a key to open. The bottom of the cage or pen shall be constructed of concrete, blacktop or other material sufficient to prevent the animal from digging itself out of the enclosure. Transportation of animal shall be by secured cage to and from its secured quarters.
(6) Commercial exhibitors. Commercial exhibitors who have complied with the rules and licensing requirements established by the U.S. Department of Agriculture, C.F.R., pt. 9, are exempt from this division.
(b) Owning or harboring of vicious dogs.
(1) No person shall own, keep, or harbor a vicious dog within the municipal limits of the Village of Commercial Point.
(2) A VICIOUS DOG, as the term is used in this division means:
A. Any dog that has killed any person or another domestic animal without provocation; or
B. Any dog which attacks and causes serious injury to a human being or another domestic animal one or more times without provocation.
(3) This division is a necessary control to eliminate the risk of attack by vicious dogs on human beings in the Village of Commercial Point, which have become a threat to the health, safety, and welfare of the public in all areas of the Village of Commercial Point; and the lack of knowledge or lack of intent to injure is eliminated as a defense to any violation thereof.
(4) A. Whosoever violates the provisions of divisions (b)(1) through (b)(3) of this section shall be fined not more than $1,000.
B. When any person is found guilty of a second offense of this division, such person shall be fined $1,000, which fine shall be mandatory, and shall not be suspended or remitted.
C. In addition to the foregoing penalties, any person who is found guilty of violating this division shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the elimination of any such dog.
(5) No owner, keeper or person in charge of any animal shall allow or permit such animal to void urine or excrement on any public or private property other than the property of the owner, keeper or person in charge of such animal, except that animals may be allowed or permitted to void urine or excrement between the curbs of public streets or alleys and on vacant, unoccupied and unused public or private land, provided the owner of such unused private land does not publicly and prominently post notice thereon that such acts are prohibited.
(6) No owner, keeper or person in charge of any animal shall fail to pick up and properly dispose of any fecal matter left by his or her animal on any public or private property.
(7) Whoever violates divisions (b)(5) or (b)(6) of this section pertaining to voiding animal excrement shall be fined no more than $100.
(Ord. 11-89.2, passed 11-6-1989; Am. Ord. 11-92-1, passed - -1992; Am. Ord. 2008-01, passed 1-14-2008; Am. Ord. 2021-09, passed 4-5-2021)