(a) Prohibited Animals. No person shall possess any of the following animals:
(1) Any constricting reptile that exceeds five feet in length; or,
(2) Any venomous reptile;
(3) Elephant;
(4) Rhinoceros;
(5) Lion;
(6) Tiger;
(7) Ocelot;
(8) Cougar;
(9) Leopard;
(10) Cheetah;
(11) Jaguar;
(12) Hyena;
(13) Bear;
(14) Coyote;
(15) Fox;
(16) Bat;
(17) Ape;
(18) Monkey;
(19) Wolf;
(20) Opossum;
(21) Raccoon;
(22) Skunk;
(23) Any hybrid of any animal listed within this section;
(24) Any other prehensile or carnivorous mammal that exceeds thirty-five pounds and is normally found in a circus or zoological garden.
(25) This subsection shall not be construed to apply to a theatrical exhibit or circus.
(b) Restricted Animals. No person shall possess any individual species or subspecies of any of the following animals without a permit issued by the Director of Public Safety or his or her designee:
(1) A dangerous or vicious dogs as defined in Newark Codified Ordinance Section 618.15 or State law;
(2) A nonvenomous reptile not expressly prohibited herein;
(3) A domesticated ferret (Mustela Putorius Furo);
(4) A miniature pig which does not exceed 100 pounds in weight.
(5) No more than two restricted animals that are more than three months of age are permitted on any premises within the City of Newark, except that with respect to vicious dogs only one vicious dog may be kept on any premises.
(c) Permit Requirements for Restricted Animal Ownership. Any person who wishes to possess a restricted animal within the Newark City limits must:
(1) Have all municipal and common pleas court fines relating to animal offenses committed within the City of Newark paid in full.
(2) If the restricted animal is a dangerous or vicious dog pursuant to applicable State law or Newark Codified Ordinance 618.15, the person registering with the Director of Public Safety must submit documentation to support that he/she is in compliance with the applicable provisions of Newark Codified Ordinance 618.15.
(3) Apply for a permit at the office of the Director of Public Safety and provide the following information and documentation:
A. A health certificate from a licensed veterinarian stating that the animal is free from symptoms of infectious disease or is under treatment and has received the required applicable vaccination(s). A new health certificate is required each time the permit is renewed. A copy of said permit will remain in the office of the Director of Public Safety.
B. Copies of applicable State or Federal permits, licenses or certificate of insurance.
C. Information relating to the owner and veterinarian, in case of emergencies.
D. The City of Newark Director of Public Safety has the authority to require the person to submit any additional information or comply with any additional requirements necessary to protect the health, welfare and safety of the City of Newark and its inhabitants.
(4) Before a permit is issued, or a change of premises is allowed, the Director of Public Safety, or his or her designee, shall inspect the facility where the animal is to be kept, which must meet the following criteria:
A. Each enclosure must provide adequate exercise area and sleeping quarters.
B. Each enclosure must be kept locked and designed so that no one can enter.
C. Each enclosure must be constructed so as to prevent the animal from escaping.
D. Each enclosure must be kept clean and in good repair.
E. The owner, keeper or harborer of a dangerous or vicious dog shall publicly display a sign on his/her premises where the dangerous or vicious dog is kept which clearly notifies the public of the presence of a dangerous or vicious dog on the property. Such sign shall state in at least two inches in height the statement, "caution, beware of dangerous or vicious dog," or other statement that provides reasonable notice of the presence of a dangerous or vicious dog on the premises.
(5) The holder of any permit issued under this section must notify the Animal Control Officer of any change in ownership or change in address.
(6) The City of Newark Director of Public Safety has the sole authority to waive any permit requirements mandated by subsection (c) of this section.
(7) The fee for a restricted animal permit shall be thirty dollars ($30.00) per animal that is more than three months of age. Every permit issued hereunder shall expire on the 31st day of January of the succeeding year and shall be renewed annually during the month of January. The fee for new permits issued throughout the year shall be pro-rated based upon the date of issuance and shall expire on the 31st day of January of the succeeding year.
(8) The Director of Public Safety has the authority to revoke the permit issued under this section if at any time the restricted animal is not in compliance with any provision of this chapter or applicable sections of State law.
(d) The owner of any restricted animal listed in subsection (b) which has bitten or scratched someone must file a report with the Animal Control Officer within twenty-four hours of the bite or scratch. The Animal Control Officer shall require the owner to produce satisfactory proof that such animal has been vaccinated with the required applicable vaccination(s).
(e) Exemptions.
(1) The following shall be exempted from the provisions of this section:
A. A zoological park accredited by the American Association of Zoological Parks and Aquariums.
B. Federally licensed research institutions.
C. Any government agency or its employee who uses animals for an agency-related education, propagation or behavior program.
(2) Certain types of animals commonly available for purchase in pet shops located in Licking County, Ohio are specifically excluded from the provisions of this section including, but not limited to, dogs (other than dangerous or vicious dogs), cats, guinea pigs, gerbils, hamsters, white rats and mice, goldfish, tropical fish, rabbits and parakeets, canaries, parrots and other birds. Nonvenomous snakes not expressly prohibited under this section and ferrets are not covered by this exemption and must be registered pursuant to this section.
(f) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor for a first offense. Subsequent violations of any provision of this section shall be a misdemeanor of the fourth degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 94-29. Passed 6-20-94; Ord. 04-43. Passed 11-15-04; Ord. 07-30. Passed 7-16-07; Ord. 16-07-A. Passed 4-4-16; Ord. 16-16. Passed 6-20-16.)