(a) No person shall harbor, maintain or keep a wild, dangerous or undomesticated animal within the Municipality. This provision shall not apply for any animals harbored, maintained or kept for educational or scientific purposes in state accredited schools or certified laboratories.
(b) A “wild, dangerous or undomesticated animal” means an animal whose natural habitat is the wilderness and which when maintained in human society, is usually confined to a zoological park or exotic animal farm and which:
(1) Is a poisonous or venomous animal; or
(2) Is an animal which, by reason of its size, strength or appetite, if unrestrained and free in the Municipality, could cause peril to children, adults, pets or domesticated animals, buildings, landscaping or personal property; or
(3) Is an animal which makes noises with sufficient frequency and volume as to constitute a nuisance to persons in the vicinity of such animal; or
(4) Is an animal which emits such offensive odors as to constitute a nuisance to persons in the vicinity of such animal; or
(5) Is, by way of illustration and without limitation, one of the following: an ape; chimpanzee (Pan), gibbon (Hylobate), gorilla (Gorilla), orangutan (Pongo), siamang (Symphalangus), baboon, (Papoi or Mandrillus); bear (Ursidae), bison (Bison), boar (Suidae), cheetah (Acinonyx Jubatus), crocodilian (Crocodilia), coyote (Canis Latrans), deer (Cervidae-includes all members of the deer family; for example, white-tailed deer, elk, antelope and moose), elephant (Elephas or Loxondonta), gamecocks and other fighting birds, hippopotamus (Hippopotamidae), hyena (Hyaenidae), jaguar (Panthera Onca), leopard (Panthera Pardus), lion (Panthera Leo), lynx (Lynx), ostrich (Struthio) piranha fish (Characidae), puma (Felis Concolor - also known as cougar, mountain lion and panther), rhinoceros (Rhinocero Tidae), snow leopard (Panthera Uncia) and tiger (Panthera Tigris); or
(6) Is an animal which is identified by either state or federal agencies as a member of an endangered species.
(c) If any part of subsection (b) hereof, or the application thereof to any person shall be held to be invalid, such invalidity shall not affect the validity or application of the remaining subsections of subsection (b) which shall be given effect without the invalid provision or application and, to that end, the subsections of this section are declared to be severable.
(d) In the event that a police officer or other law enforcement agent has probable cause to believe that a wild, dangerous or undomesticated animal is being harbored or cared for in violation of this section, the law enforcement agent may petition a court of competent jurisdiction to order the seizure and impoundment of the wild, dangerous or undomesticated animal pending trail.
(e) Whoever violates this section is guilty of a minor misdemeanor on a first offense and a fourth degree misdemeanor for each subsequent offense. In the event that the animal creates a risk of or causes physical harm to persons or property, the person shall be guilty of a fourth degree misdemeanor on a first and any subsequent offense. Each day during which such violation continues shall constitute a separate offense. In addition, any wild, dangerous or undomesticated animal which unprovoked, attacks a human being or another domestic animal may be ordered destroyed when, in the Court’s judgement, such wild, dangerous or undomesticated animal represents a continuing threat of serious harm to human beings or domestic animals. In addition, any person found guilty of violating the provisions of this section shall pay all expenses, including shelter, food, veterinary expenses necessitated by the seizure of any wild, dangerous or undomesticated animal for the protection of the public and such other expenses as may be required for the destruction of any such wild, dangerous or undomesticated animal.
(f) In addition to any other remedies provided by law, in the event of any violation of this section or any imminent threat thereof, the Municipality may, by its legal counsel, prosecute a suit in the Common Pleas Court of Franklin County, to obtain a temporary restraining order and/or preliminary or permanent injunction to prevent or terminate such violation or violations. (Ord. 27-08. Passed 6-23-08.)