(a) “Exotic animal” includes lions, tigers, leopards, cheetahs, jaguars, panthers, cougars, lynx, bobcat, hyenas, wolverines, bears, bison, elk, moose, wildbeast, wolves, coyotes, foxes, gorillas, baboons, orangutans, gibbons, chimpanzees, monkeys of a species whose average adult weight exceeds twenty (20) pounds, elephants, rhinoceroses, hippopotami, caimans, gavials, alligators and crocodiles exceeding thirty-six (36) inches in length, constricting snakes exceeding forty-eight (48) inches in length and all forms of poisonous or venomous reptiles.
(b) Exotic Animals Prohibited.
(1) No person shall keep, or permit to be kept, upon his premises within the County any exotic animal, except for the purpose of display or exhibition, and such display or exhibition is in a circus, zoo or zoological park certified by the American Association of Zoological Parks and Aquariums, or such animal is kept for scientific research purposes in schools or research institutions, or such animal is kept for commercial sale in a retail or wholesale pet store otherwise properly zoned for that purpose, or unless properly licensed by the United States or the State of Ohio.
(2) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the first degree.
(c) Unsecured Exotic Animals.
(1) No person shall keep, or permit to be kept, unsecured upon his premises within the City any exotic animal.
(2) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree.
(d) Exotic Animals at Large.
(1) No person shall allow any exotic animal to be at large within the City or be removed from the premises of the owner, except for purposes of transport to a public exhibition or training for a public exhibition, for scientific study at a school or research institution, for medical treatment at a licensed veterinarian or delivery for sale to any buyer of such exotic animal.
(2) Whoever violates subsection (d) hereof is guilty of a misdemeanor of the fourth degree for a first offense and a misdemeanor of the second degree for any subsequent offense.
(e) Serious Harm by Exotic Animals.
(1) No person, being the owner or of having the care, custody or control of any exotic animal within the City, whether being exhibited or otherwise, shall suffer or permit such exotic animal to cause serious physical harm to any person.
(2) It is hereby determined that possession of an exotic animal is of such a danger to the public and to the public safety and good order of the City, that lack of intent, negligence or fault on the part of such person, or the lack of knowledge of the violent propensities of the exotic animal, is not a defense to a violation of this section.
(3) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree.
(f) Physical Harm by Exotic Animals.
(1) No person, being the owner or having the care, custody or control of any exotic animal within the City, whether being exhibited or otherwise, shall suffer or permit such exotic animal to cause physical harm to any person, or serous physical harm to another animal or exotic animal.
(2) It is hereby determined that possession of an exotic animal is of such a danger to the public and to the public safety and good order of the City, that lack of intent, negligence or fault on the part of such person, or lack of knowledge of the violent propensities of the exotic animal, is not a defense to a violation of this section.
(3) Whoever violates subsection (f) hereof is guilty of a misdemeanor of third degree.
(g) Insurance for Exotic Animals.
(1) No owner of an exotic animal shall fail to obtain 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 one hundred thousand dollars ($100,000) because of damage to property or bodily injury to or death of a person caused by the exotic animal.
(2) Whoever violates this subsection (g) hereof is guilty of a misdemeanor of the fourth degree.
(h) Pretrial Impoundment; Destruction.
(1) In the event that the Animal Warden or any law enforcement officer has probable cause to believe that an exotic animal is being harbored or cared for in violation of this Chapter, such official may petition a court of competent jurisdiction to order the seizure and impoundment of such exotic animal pending trial.
(2) Any exotic animal that attacks and injures any person or another dog, cat or domestic farm animal may be ordered destroyed when, in the court’s judgment, such exotic animal represents a continuing threat of serious harm to persons or other such animals. Any exotic animal that kills any person, other than a person then committing a criminal trespass or other crime of violence upon the premises of the owner of such exotic animal, shall be ordered destroyed by the Court.
(i) Display of Notice at Stores.
(1) Every person who offers for sale any exotic animal shall post conspicuously at the place of display and sale the following Notice:
“No person may lawfully keep or permit to be kept on his premises within the City of East Liverpool any lion, tiger, leopard, cheetah, jaguar, panther, cougar, lynx, bobcat, hyena, wolverine, bear, bison, elk, moose, wildbeast, wolf, coyote, fox, gorilla, baboon, orangutan, gibbon, chimpanzee, monkey of a species whose average adult weight exceeds twenty (20) pounds, elephant, rhinoceros, hippopotami, caiman, gavial, alligator and crocodile exceeding thirty-six (36) inches in length, constricting snake exceeding forty-eight (48) inches in length and all forms of poisonous or venomous reptiles.”
(2) Whoever violates subsection (i) hereof is guilty of a minor misdemeanor on a first offense and a misdemeanor of the fourth degree on any subsequent offense. (Ord. 40, 2009. Passed 9-8-09.)