(A) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1)
DANGEROUS ANIMAL. Any animal other than domestic dogs and cats, which in its wild state is carnivorous or which because of its nature or physical makeup is capable of inflicting serious physical harm or death to human beings, including, but not limited to, members of the cat family; and reptiles which are venomous or otherwise present a risk of serious physical harm or death to human beings as a result of their nature or physical makeup, including all constrictors; and fish which present a risk of serious physical harm or death to human beings as a result of their nature or physical makeup; and all bears, wolves, wolverines, badgers, lions, tigers and such other animals as the Manager, in consultation with the Police Chief, determines by written rules to be dangerous animals.
(2)
OWN, HARBOR OR KEEP. To have legal title to or control or custody over any dangerous animal in the municipality, except as otherwise provided in division (C) below.
(3)
SERIOUS PHYSICAL HARM. Has the same meaning as contained in R.C. § 2901.01(E).
(B) Prohibition. Except as provided in division (C) below, no person shall own, keep or harbor any dangerous animal in the municipality.
(C) Exceptions. This section shall not apply to any keeping of such animals in a bona fide, licensed veterinary hospital for treatment; bona fide educational or medical institutions, museums; circus, zoo, carnival or other event for entertainment, which is authorized by law by the proper and responsible official or officials of the municipality, provided that proper bond or insurance be posted, to indemnify those who may be injured or killed by dangerous animals. The type and amount of such bond or insurance shall be determined by the Director of Law, except where otherwise provided by ordinance.
(D) Notice of keeping dangerous animals.
(1) Upon the written complaint of any person that a person owns or is keeping or harboring a dangerous animal on premises in the municipality, the Police Chief shall forthwith cause the matter to be investigated, and if after such investigation the facts indicate that such person, named in the complaint, is in fact the owner or is keeping or harboring any such dangerous animal in the municipality, he shall forthwith send written notice to such person, to be delivered via certified mail or personally served by a police officer, requiring such person to safely remove such animal from the municipality within three days of the date of such notice.
(2) Notice, as herein provided, shall not be required where such dangerous animal has previously caused serious physical harm or death to any person, or has escaped and is at large, in which case the Police Chief shall cause the animal to be immediately seized and impounded, according to the provisions of division (E) below, or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person.
(E) Seizure and impoundment of dangerous animals.
(1) The Police Chief shall forthwith cause to be seized and impounded any dangerous animal where the person owning, keeping or harboring such animal has failed to comply with the notice sent pursuant to division (D) above. Upon seizure and 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.
(2) 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, such person or persons authorized by the Police Chief may render such animal immobile by means of tranquilizers or other safe drugs, or if that is not safely possible, then the animal may be killed.
(F) Costs to be paid by responsible persons. Any reasonable cost incurred by the Police Chief in seizing, impounding and for confining any dangerous animal, pursuant to the provisions of division (E), shall be charged against the owner, keeper or harborer of such animal and shall be collected by the Director of Law.
(G) Report of escape.
(1) The owner or keeper of any member of a species of the animal kingdom that escapes from his 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 discovers or reasonably should have discovered the escape, report it to:
(a) A law enforcement officer of the municipality and the sheriff of the county where the escape occurred; and
(b) The Clerk of the Municipal Legislative Authority.
(2) If the office of the Clerk of the Legislative Authority is closed to the public at the time a report is required by division (G)(1) above, then it is sufficient compliance with division (G)(1) above if the owner or keeper makes the report within one hour after the office is next open to the public.
('80 Code, §§ 505.14, 505.15) (Ord. 65-82, passed 12-20-82) Penalty, see § 91.99