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(a) Except as provided in subsection (e) hereof, no person shall keep, maintain or have in his or her possession any dangerous or undomesticated or domesticated wild animal within the City.
(b) As used in this section, "dangerous or undomesticated or domesticated wild animal" means any animal that is not commonly considered to be a household pet and that would ordinarily be confined to a zoo or farm or found in the wilderness, or that otherwise causes fear or offensive odors or noises to the general public.
(c) Household pets shall be as defined in the Zoning Code.
(d) The provisions of subsections (a), (b) and (c) hereof shall not apply to licensed pet shops, menageries, zoological gardens and circuses, if:
(1) Their location conforms to the provisions of the Zoning Code.
(2) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.
(3) Animals are maintained in quarters so constructed as to prevent their escape.
(4) No person lives or resides within 100 feet of the quarters in which the animals are kept.
(5) The business places set forth herein comply with regulations of the Ohio Department of Wildlife and the United States Department of Agriculture, regarding the housing of animals.
All business places set forth herein shall maintain proper permits as required by both the Ohio Department of Wild Life and the United States Department of Agriculture.
(e) The foregoing provisions notwithstanding, upon payment of fees established in the General Fees Schedule Section 214, the Animal Warden may grant a specific exemption, on a temporary or permanent basis, from any of the provisions of this section to any person with a legitimate purpose for maintaining a prohibited animal, in accordance with the following:
(1) Written application for an exemption shall be filed with the Animal Warden stating the applicant's name and address, the type and number of animals desired to be kept, the general purpose for which the animals will be kept and a general description of the provisions which will be made for the safe, sanitary and secure maintenance of such animals.
(2) The Animal Warden may grant, deny or restrict the terms of an application for an exemption, provided, however, that he or she shall take some official action on the application within 120 days of its filing.
(3) In considering the merits of an application for an exemption, the Animal Warden may cause one or more inspections of the applicant's premises to be made by himself or herself or by the appropriate representative of the City and may also refer the application, for an advisory opinion, to persons who are technically knowledgeable about the animals involved.
(4) In evaluating an application for an exemption, the Animal Warden shall give consideration to the following criteria:
A. The experience and knowledge of the applicant relative to the animals involved;
B. Whether or not the applicant has obtained a Federal or State permit relative to the animals involved;
C. The relative danger or safety and health risks to the general public, to persons residing or passing near the applicant's premises and to the applicant in connection with the animals involved;
D. The provisions which have been or will be made with regard to paragraph (e)(4)C. hereof;
E. The provisions which have been or will be made to ensure the health and safety of the animals involved; and
F. Any other logically relevant information.
(5) An application for an exemption under this section shall be denied unless the Animal Warden determines that, in view of all relevant criteria and restrictions which he or she may provide, appropriate measures commensurate with the degree of risk associated with the animals involved have been or will be taken to ensure an acceptable level of protection from danger to the health and safety of the general public, persons residing or passing near the applicant's premises and the applicant.
(6) An exemption granted pursuant to this section may be withdrawn by action of the Animal Warden if the Animal Warden determines that there has been a change in the conditions or assumptions under which such exemption was originally granted or if the applicant fails to comply with restrictions originally placed on the exemption.
(Ord. 1984-2. Passed 3-7-84; Ord. 98-38. Passed 3-3-98.)
(f) Whoever violates this section is guilty of a misdemeanor of the fourth degree for a first offense. For a second offense within one year after the first offense, such person is guilty of a misdemeanor of the first degree. Punishment shall be as provided in Section 698.02.
(g) In addition to the penalty provided for in subsection (f) hereof, upon a determination by the Court that any animal defined is a serious threat to the health and safety of the community, the Court may order the owner or person in possession of such animal to forthwith remove such animal from the City. No person shall fail to comply with such order. If such animal is not so removed in compliance with such order, the Court may order the Chief of Police to cause such animal to be impounded or destroyed.
(Ord. 1984-130. Passed 8-13-84.)