1128.06   KEEPING OF ANIMALS.
   (a)   For purposes of this section a "dangerous animal" means:
      (1)   Any mammal, amphibian, fish, reptile, or fowl of a species which due to size, vicious nature or other characteristics would constitute a danger to the physical well-being of human life or animals.
      (2)   Any animal having a known disposition or propensity to attack, bite, or injure any person or animal without provocation. Where the official records of an Animal Control Officer, City Clerk, Police Department, or Clerk of the Municipal Court indicate that an animal has bitten or attacked any person or animal, it shall be prima facie evidence that said animal is a dangerous animal.
      (3)   Any animal owned or kept primarily or in part for the purpose of fighting or any animal trained or bred for fighting.
      (4)   Any animal which is urged by its owner or keeper to attack, or whose owner or keeper threatens to cause such animal to attack any law enforcement officer while such officer is engaged in the performance of official duty and when such animal has the apparent ability to cause injury or harm to such officer.
   (b)   For purposes of this section a "pure domestic dog" means any member of the canine genus - group of species Canis familiaris or Canis lupus familiaris of the family Canidae, or dog family, that has not been bred with any other group of species, species or animal.
   (c)   For purposes of this section a "domestic cat" means Felis Domesticus or any domesticated member of the Felis genus.
   (d)   For purposes of this section a "secure temporary enclosure" means an enclosure with a top, bottom, three sides and one door made of materials which, when secured, prevents a dangerous animal from exiting the enclosure on its own.
   (e)   No livestock and poultry or similar farm animals shall be raised, bred or kept on any nonagricultural lot.  However, dogs, cats and other household pets, may be kept on a residential premise provided they are not maintained for any commercial purposes and they meet the requirements of Subsection 1128.06(g) hereof.
   (f)   The keeping of wild or exotic animals shall be prohibited.  This restriction shall not include the keeping of such animals as part of a circus, zoo or similar function.
   (g)   No residentially used or zoned premises shall contain more than 4 pure domestic dogs, 4 domestic cats, or a combination of pure domestic dogs and domestic cats so as not to total more than 4.
   (h)   Pure domestic dogs or domestic cats three (3) months of age or younger are not subject to these regulations.
   (i)   Five or more dogs or cats constitutes a kennel, as defined in Chapter 1133: Definitions, and shall be regulated as permitted within the zoning districts specified and by the special provisions of Section 1128.16: Kennels.
   (j)   It shall be unlawful for any person to own, possess, keep, exercise control over, maintain, harbor, transport, sell, barter or other way dispose of any dangerous animal within the City of Fairborn. This section shall not apply to any dangerous animal which are:
      (1)   Less than eight weeks of age; or
      (2)   Brought into the City for the purposes of participating in a canine sporting event, canine show or other recognized or sanctioned animal show or similar public exhibition in which the owner is able to show proof of entry, for a period not to exceed 72 hours; and
      (3)   Kept in a secure temporary enclosure during transport to and from any place of public exhibition within the City.
      (4)   Fed and sheltered at a kennel or similar place which prevents access of said dangerous animal to the general public.
   (k)   Commercial care and keeping of animals shall only be allowed as permitted in designated districts. 
(Ord. 34-17.  Effective 12-7-17.)