(a) For purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Exotic animal” means any animal, reptile, fowl or other such animal whose normal habitat is someplace other than northwest Ohio.
(2) “Owning”, “keeping”, “harboring”, or “person in charge” means any person who feeds and/or shelters, or is in charge of, any animal or who professes ownership of such animal. If a minor owns an animal, then the head of any household of which such minor is a member shall be deemed the owner of such animal under this chapter and shall be responsible as the owner. If not a member of a household, such minor shall be directly subject to the provisions of this chapter.
(3) “Wild animal” means any animal which is predominantly free-roaming, as opposed to domesticated, including, but not limited to, feral cats and feral dogs.
(b) The owning, keeping, or harboring, whether on a temporary or permanent basis, of any wild, dangerous, poisonous, or exotic animal, including, but not limited to the animals listed below, is hereby prohibited within the City limits:
(1) All crotalid, elapid, and venomous colubroid snakes;
(2) Apes: chimpanzees (Pan), gibbons (Hylobates), gorillas (Gorilla), orangutans (Pongo), and siamangs (Symphalangus);
(3) Baboons (Papoi, Mandrillus);
(4) Bears (Ursidae);
(5) Bison (Bison);
(6) Cheetahs (Acinonyx jubatas);
(7) Crocodilians (Crocodilia), including all alligators, crocodiles, caimans, and gavials;
(8) Constrictor snakes when eight feet in length or more;
(9) Coyotes (Canis lantrans);
(10) Deer (Cervidae), including all members of the deer family, for example, white-tailed deer, elk, antelope, and moose;
(11) Elephants (Elephas and Loxodonta);
(12) Foxes (Canis vulpes);
(13) Game cocks and other fighting birds;
(14) Hippopotami (Hippopotamidae);
(15) Hyenas (Hyaenidae);
(16) Jaguars (Panthera onca);
(17) Leopards (Panthera pardus);
(18) Lions (Patheraleo);
(19) Lynxes (Lynx);
(20) Marsupials, including opossums, Tasmanian wolf, kangaroos, koalas, and wombats;
(21) Monkeys, old world (Cercopithecidae);
(22) Muskrats (Ondatra);
(23) Ostriches (Struthio);
(24) Porcupine (hystricomorpha);
(25) Piranha fish (Characidae);
(26) Procuonids, including raccoons, coatis, kinkajous, ring-tailed cats, and pandas;
(27) Pumas (Felis concolar), also known as cougars, mountain lions, and panthers;
(28) Rhinoceroses (Rhinocero tidae);
(29) Sharks (class Chondrichthyes);
(30) Skunks (chondrichthyes);
(31) Snow leopards (Panthera uncia);
(32) Swine (Suidae);
(33) Tigers (Panthera tigris);
(34) Water buffalo (Bubalus);
(35) Wart hogs (Phacocherus aethiopicus);
(36) Wolverines (Gulo gulo);
(37) Wolves (Canis lupus);
(38) Wolf hybrids or any hybrid of a domestic dog with a wild canis; and
(39) Woodchucks (Marmota monas).
(c) The provisions of this section shall not apply to a doctor of veterinary medicine licensed by the State of Ohio when it is necessary in the course of professional duty to keep and treat such animal. Licensed commercial pet shops, menageries, circuses, and carnivals shall be exempt from the provisions of division (b) of this section if all of the following conditions are applicable:
(1) The location conforms to the provisions of the city Planning and Zoning Code;
(2) The animals and animal quarters are kept in a clean and sanitary condition and maintained so as to eliminate objectionable odors;
(3) Animals are maintained in quarters so constructed as to prevent their escape; and
(4) No person resides within 100 feet of the quarters in which the animals are kept.
(d) No exemption granted pursuant to any division 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 applicant's premises, or the applicant, as to the danger of persons residing or passing near the applicant's premises or the applicant, either in general or individually, as to the danger or lack thereof, of degree of risk to health or safety, of any animal, or of any premises where any animal is maintained or kept pursuant to such exemption.
(e) The lack of knowledge of intent is not a defense to a violation of this section.
(f) Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the third degree and shall be subject to the penalty provided in Section 698.02. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 12-014. Passed 4-23-12.)