(a) Definitions. As used in this section:
(1) “Dangerous animal” means any animal other than domestic dogs and cats, which in wild state are carnivorous or which because of their nature or physical makeup are capable of inflicting serious physical harm or death to human beings, including but not limited to, such animals which belong to the cat or snake, which are poisonous or otherwise present a risk of serious physical harm or death to human beings as a result of their nature or physical make up, including all constructors, and all bears, wolverines, badgers, lions, tigers and other animals as the Police Chief of the Village of Genoa determines by written rules to be dangerous animals.
(2) “Own, keep or harbor” means to have legal title to or custody or control over any dangerous animal in the Village of Genoa, except as otherwise provided in Section 505.15(c).
(3) “Person” includes any natural persons, association, partnership or organization or corporation.
(4) “Serious physical harm” has the same meaning as contained in Ohio R.C. 2901.01(A)(5).
(b) Prohibited Acts. Except as provided in Section 505.15
(c) no person shall own, keep or harbor any dangerous animal in the Village of Genoa.
(c) Exceptions. The provisions of Section 505.15
shall not apply to any keeping of such animals in a bonafide licensed veterinary hospital for treatment, bonafide educational or medical institutions, museums, or any other place where they are kept as live or study; circus, carnival, zoo or other event for entertainment, which is authorized by law by the proper and responsible official or officials of the Village of Genoa, 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 Village officials, except where otherwise provided by Ordinance.
(d) Notice of Keeping Dangerous Animals. Upon the written complaint of any person that a person owns or is keeping or harboring a dangerous animal on premises in the Village, the Police Chief shall forthwith cause the matter to be investigated and if after 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 Village, he shall forthwith send written notice to such person, requiring such person to safely remove said animal from the Village within three days of the date of said notice. 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 said animal to be immediately seized and impounded, according to the provisions of Section 505.15
(e) or killed, if seizure and impoundment are not possible without risk of serious physical harm or death to any person.
(e) Seizure and Impounding 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 Section 505.15
(d). Upon a seizure and impoundment, said 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 Village of Genoa Police Chief, may render said animal immobile by means of tranquilizers or other safe drugs, or if that is not safely possible, then said animal may be killed.
(f) Penalty. Any person who violates the provisions of Section 505.15
shall, upon conviction thereof, be guilty of a misdemeanor of the fourth degree for the first offense, for each subsequent offense under said section, shall be guilty of a misdemeanor of the third degree, provided, however, that each day a person fails to abide by the notice sent by the Police Chief, after the expiration date therein, shall constitute a distinct and separate offense.
(g) Costs to be Paid by Responsible Person. Any reasonable costs incurred by the Police Chief in seizing, impounding and for confining any dangerous or wild animal, pursuant to the provisions of Section 505.15
, shall be charged against the owner, keeper, or harborer of such animal and shall be collected by the Fiscal Officer. (Ord. 33-03. Passed 7-7-03.)