(A) Farm animals prohibited.
(1) Prohibition. Except as permitted herein, no person or entity shall keep or harbor any cows, horses, sheep, swine, goats or other livestock, or poultry or fowl ("farm animals") within the corporate limits of the village.
(2) Violation. Whoever violates this section is guilty of a minor misdemeanor on a first offense and a fourth degree misdemeanor for each subsequent offense. In the event that a farm animal creates a risk of or cause physical harm to persons or property, the person shall be guilty of a fourth degree misdemeanor on a first and any subsequent offense. Each day during which the violation continues shall constitute a separate offense.
(3) Exception. This section shall not apply to a person or entity that owns and has dedicated for the keeping or harboring of any farm animal described in division (A)(1), a total of 50 contiguous acres.
(4) Grandfathered animals. This section shall not apply to:
(a) Any cows, horses, sheep, swine, goats or other livestock, poultry, or fowl who are harbored or kept within the corporate limits of the village upon the effective date of this section ("grandfathered animals") so long as the owner of the animal(s) shall register the type, number, and other identifying information as may be required by the village of the animals existing at the effective date of this section within the village; and
(b) A specific animal that has been or will be placed within the village corporate limits to replace a specific grandfathered animal, so long as the replacement shall be of the same type and character of the specific grandfathered animal and the replacement shall occur within one year of the death or removal of the specific grandfathered animal from the village. Any replacement animal shall be registered as set forth in division (A)(4)(a) herein.
(5) Animals for exhibition or show. This section shall not apply to:
(a) Small farm animals that are kept within the village limits for the purpose of showing or exhibiting the animals, so long as the owner of the animals is a member of a bona fide educational club or organization that, as a part of its activities, promotes and encourages the showing or exhibiting of small farm animals.
(b) For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SMALL FARM ANIMALS. Rabbits, poultry or fowl.
(6) Number. The number of any farm animals that are exempt under this section shall be limited to five or fewer per owner.
(B) Wild, dangerous, undomesticated animals.
(1) Prohibition. No person shall harbor, maintain or keep a wild, dangerous or undomesticated animal within the village. This provision shall not apply for any animals harbored, maintained or kept for educational or scientific purposes in state accredited schools or certified laboratories.
(2) Definition. For the purposes of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
WILD, DANGEROUS OR UNDOMESTICATED ANIMAL. An animal whose natural habitat is the wilderness and which, when maintained in human society, is usually confined to a zoological park or exotic animal farm and which:
1. Is a poisonous or venomous animal;
2. Is an animal which, by reason of its size, strength or appetite, if unrestrained and free in the village, could cause peril to children, adults, pets or domesticated animals, buildings, landscaping or personal property;
3. Is an animal which makes noises with sufficient frequency and volume as to constitute a nuisance to persons in the vicinity of the animal;
4. Is an animal which emits offensive odors as to constitute a nuisance to persons in the vicinity of the animal;
5. Is, by way of illustration and without limitation, one of the following: an ape; chimpanzee (Pan), gibbon (Hylobate), gorilla (Gorilla), orangutan (Pongo), siamang (Symphalangus), baboon, (Papoi or Mandrillus); bear (Ursidae), bison (Bison), boar (Suidae), cheetah (Acinonyx Jubatus), crocodilian (Crocodilia), coyote (Cards Latrans), deer (Cervidae; includes all members of the deer family; for example, white-tailed deer, elk, antelope and moose), elephant (Elephas or Loxondoma), gamecocks and other fighting birds, hippopotamus (Hippopotamidae), hyena (Hyaenidae), jaguar (Panthera Onca), leopard (Panthera Pardus), lion (Panthera Leo), lynx (Lynx), ostrich (Struthio) piranha fish (Characidae), puma (Felis Concolor, also known as a cougar, mountain lion and panther), rhinoceros (Rhinocero Tidae), snow leopard (Panthera Uncia) and tiger (Panthera Tigris); or
6. Is an animal which is identified by either state or federal agencies as a member of an endangered species.
(3) Separability. If any part of division (B)(2) hereof, or the application thereof to any person shall be held to be invalid, the invalidity shall not affect the validity or application of the remaining divisions of division (B)(2) which shall be given effect without the invalid provision or application and, to the end, the divisions of division (B) are declared to be severable.
(4) Seizure and impoundment. In the event that a police officer or other law enforcement agent has probable cause to believe that a wild, dangerous or undomesticated animal is being harbored or cared for in violation of this section, the law enforcement agent may petition a court of competent jurisdiction to order the seizure and impoundment of the wild, dangerous or undomesticated animal pending trial.
(5) Violation. Whoever violates this section is guilty of a minor misdemeanor on a first offense and a fourth degree misdemeanor for each subsequent offense. In the event that the animal creates a risk of or cause physical harm to persons or property, the person shall be guilty of a fourth degree misdemeanor on a first and any subsequent offense. Each day during which the violation continues shall constitute a separate offense. In addition, any wild, dangerous or undomesticated animal which, being unprovoked, attacks a human being or another domestic animal may be ordered destroyed when, in the court's judgment, the wild, dangerous or undomesticated animal represents a continuing threat of serious harm to human beings or domestic animals. In addition, any person found guilty of violating the provisions of this section shall pay all expenses, including shelter, food, veterinary expenses necessitated by the seizure of any wild, dangerous or undomesticated animal for the protection of the public and other expenses as may be required for the destruction of any wild, dangerous or undomesticated animal.
(6) Temporary restraining order and/or preliminary or permanent injunction. In addition to any other remedies provided by law, in the event of any violation of this section or any imminent threat thereof, the village may, by its legal counsel, prosecute a suit in the Common Pleas Court of Wayne County, to obtain a temporary restraining order and/or preliminary or permanent injunction to prevent or terminate the violation or violations.
(Ord. 13-09, passed 11-9-2009)