(a) No person shall knowingly keep, maintain or have in his or her possession or under his or her 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 divisions (d) or (e) 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;
(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 division (a) 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 divisions (a)(1) through (a)(3) 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 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 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) Such person in residential districts shall possess at a minimum a $100,000 liability insurance policy.
(c) For purposes of this section, there shall be an irrebuttable presumption that, when kept or maintained within the city, the animals listed below are considered dangerous animals to which the prohibition of division (a) hereof, in the absence of an exemption pursuant to divisions (d) or (e) hereof, applies:
(1) All crotalid, elapid and venomous colubroid snakes;
(2) Apes: gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); and stamangs (Symphalangy);
(3) Baboons (Papoi, Mandrillus);
(4) Bears (Ursidae);
(5) Bison (Bison);
(6) Cheetahs (Acinonyx jubatus);
(7) Crocodilians (Corcodilia) when 24 inches in length or more;
(8) Constrictor snakes exceeding six feet in length;
(9) Coyotes (Cams latrans);
(10) Deer (Cervidae), includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose;
(11) Elephants (Elepas and Loxodonta);
(12) Foxes (Canis vulpes);
(13) Gamecocks and other fighting birds;
(14) Hippopotami (Hippopotamidae);
(15) Hyenas (Hyaenidae);
(16) Jaguars (Panthera onca);
(17) Leopards (Panthera parous);
(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 (Rhinocero tidae);
(24) Sharks (Class Chondrichthyes);
(25) Snow leopards (Panthera uncia);
(26) Swine (Suidae);
(27) Tigers (Panthera tigris);
(28) Wolves or wolf hybrid canines (Cards 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; and
(35) Reptiles.
(d) Licensed menageries, zoological gardens, and circuses shall be exempt from the provisions of division (a) hereof if all of the following conditions are applicable:
(1) The location conforms to the provisions of the city’s 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 50 feet of the quarters in which the animals are kept.
(e) Notwithstanding any of the foregoing, the Director of 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 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 Safety may grant, deny or restrict the terms of an application for exemption; provided, however, that he or she 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 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 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; and
F. Any other logically relevant information.
(5) An application for exemption under this division (e) shall be denied unless the Director of Public Safety determines that, in view of all the relevant criteria and any restrictions which he or she 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 division (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 assumption under which it was originally granted or in the event that the applicant fails to comply with restrictions originally placed on the exemption.
(f) No exemption granted pursuant to any provision of this section shall be construed, nor is it intended by the city 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 applicants’ 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.
(g) The police officers and/or dog wardens of the city shall impound 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 as described herein and kept and maintained in violation of this section.
(h) (1) Whoever violates any provision of this section shall be guilty of a misdemeanor of the first degree. Each day that such violation continues shall be considered a separate violation.
(2) In addition to any penalty provided in this chapter, any Judge of the Municipal Court or the Common Pleas Court may order that any dangerous or vicious animal, or wild or exotic animal which attacks a person or domestic animal, be destroyed if the Court finds that such dangerous or vicious animal, or wild or exotic animal represents a continuing threat of serious harm to persons or domestic animals. In addition, any person found guilty of violating any provision of this chapter shall pay all expenses, including shelter, food, boarding and veterinary expenses necessitated by the seizure of any dangerous or vicious animal or 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.
(Ord. 47-98, passed 6-30-1998) Penalty, see § 505.99