(a) It shall be unlawful for any person in the City to keep, maintain, or have possession or control over any “restricted animal species,” as that term is defined herein, or any other animal species which, because of its size, nature, or other characteristics constitutes a danger to property or to human life if it were to escape from secure quarters.
(b) As used herein, “restricted animal species” includes, without limitation, each of the following animals:
(1) Any animal species declared protected or endangered by the United States Department of Interior or the Ohio Revised Code;
(2) All reptile species which have not commonly been bred in captivity and kept as a pet, including:
A. All poisonous or venomous reptiles, including but not limited to:
1. All members of the family Helodermatidae, such as beaded lizards and Gila monsters;
2. All members of the family Elapidae, such as cobras, coral snakes, mambas, and sea snakes;
3. All members of the family Viperidae, such as rattlesnakes, copperheads, water moccasins, and vipers.
B. All members of the family Varanidae, including but not limited to Nile monitors, water monitors, and Komodo dragons;
C. All members of the family Boidae, including but not limited to anacondas and boa constrictors;
D. All members of the family Pythonidae, including but not limited to amethystine pythons, Indian pythons, Burmese pythons, reticulated pythons, olive pythons, and rock pythons;
E. All members of the order Crocodylia, including but not limited to alligators, crocodiles, caimans, and gharials;
F. Unless considered protected or endangered by the United States Department of Interior or the Ohio Revised Code, corn snakes, king snakes, ball pythons, green iguanas, savannah monitors, bearded dragons, and geckos shall not be considered restricted species.
(3) All amphibian species which have not been commonly bred in captivity and kept as a pet, including but not limited to all poisonous amphibians such as poison-arrow frogs (family Dentrobatidae) and marine toads. Unless considered protected or endangered by the United States Department of Interior or the Ohio Revised Code, American toads, leopard frogs, bull frogs and newts shall not be considered species.
(4) All poisonous fish, including but not limited to stonefish, boxfish, and sting rays.
(5) The following mammal species:
A. All members of the order Carnivora, including but not limited to:
1. All members of the Bear family (Ursidae), such as bears and pandas;
2. All members of the Cat family (Felidae), including but not limited to lions, tigers, leopards, bobcats, lynx, jaguars, pumas, and cheetahs; except that this provision shall not apply to domesticated cats (Felis domesticus);
3. All members of the Civet family (Viverridae), including but not limited to civets, meerkats, and mongoose;
4. All members of the Dog family (Canidae), including but not limited to wolves, foxes, jackals, dingo, coyote, and raccoon dogs; except that this provision shall not apply to domesticated dogs (Canis domesticus);
5. All members of the Hyena family (Hyenidae);
6. All members of the Raccoon family (Procyonidae), including but not limited to raccoons, kinkajous, and coatis;
7. All members of the Weasel family (Mustelidae), including but not limited to badgers, skunks, sable, mink, otters, wolverines, polecats, coatis, and weasels; except that this provision shall not apply to ferrets and mink;
B. All members of the order Cetacea, including but not limited to dolphins, porpoises, and whales;
C. All members of the Bat family (Chiroptera), such as flying foxes and vampire bats;
D. All members of the orders Edentata and Pholidota, including but not limited to anteaters, sloths, armadillos, and pangolins;
E. All non-domesticated members of the order Insectivora, including but not limited to shrews and moles; except that this provision shall not apply to European hedgehogs or African hedgehogs;
F. All non-domesticated members of the order Lagomorpha, including but not limited to rabbits and hares; except that this provision shall not apply to domestic rabbits;
G. All members of the order Marsupialia, including but not limited to opossums, kangaroos, wombats, koalas, Tasmanian wolves, and Tasmanian devils;
H. All members of the order Monotremata, including but not limited to echidna and platypus;
I. All members of the order Pinnipedia, including but not limited to seals and sea lions;
J. All non-human members of the order Primates, including but not limited to prosimiams (e.g., lemurs, bush babies), monkeys (e.g., marmosets, macaques, baboons), and great apes (e.g., chimpanzees, gorillas, orangutans).
K. All non-domesticated ungulates, including but not limited to elephants, zebras, tapirs, rhinoceroses, antelopes, deer, giraffes, hippopotamus, wild pigs, warthogs, cape buffalos, water buffalos, yaks, camels, caribou, bison, and reindeers; except that this provision shall not apply to domesticated horses, donkeys, mules, burros, pot-bellied pigs, domesticated pigs, cattle, sheep, goats, llamas, and alpacas;
L. All non-domesticated members of the order Rodentia, including beavers, capybara, nutria, prairie dogs, porcupines, gophers, squirrels, and muskrats; except that this provision shall not apply to domestic mice, rats, guinea pigs, gerbils, hamsters, chinchillas, or degu.
(6) All bird species which have not been commonly bred in captivity and kept as a pet or for food production, including but not limited to:
A. Raptors or birds-of-prey, including but not limited to eagles, hawks, owls, falcons, and vultures;
B. Game cocks and other fighting birds; and
C. Cassowaries and all other birds related to ostriches.
D. Unless considered protected or endangered by the United States Department of Interior or the Ohio Revised Code, canaries, finches, mynah birds, parrots, parakeets, cockatiels, game birds, doves, and waterfowl shall not be considered restricted species.
(c) The following person shall be exempt from the limitations of this section:
(1) A person who keeps the restricted animal species in accordance with a specific permit, issued by the United States or the State of Ohio, pertaining to the species;
(2) A person who is accredited to keep or maintain the restricted animal species by the Association of Zoos and Aquariums, and who does so in accordance with the Association’s standards;
(3) A person who is employed by any of the following, but only while that person is engaged in job duties that require keeping or handling the restricted animal species:
A. As an animal control officer or at the kennel for any county, city, or other political subdivision in the State of Ohio;
B. At a licensed veterinary hospital;
C. At a licensed or accredited research or medical institution;
D. At a facility licensed as an exhibitor or breeder by the United States Department of Agriculture pursuant to the Animal Welfare Act;
E. At a licensed or accredited educational institutional, including museums.
(4) A person licensed as a wildlife rehabilitator pursuant to Ohio Administrative Code §1501:31-25-03, who keeps or maintains the restricted animal species pursuant to that license and in accordance with standards set by the Ohio Wildlife Rehabilitators Association.
(5) A person temporarily transporting a restricted animal species through the City if the transit time is not more than twenty-four hours and the species is at all times maintained within a confinement sufficient to prevent it from escaping.
(6) A person who holds a license pursuant to Ohio R.C. Ann. §1533.08 and any corresponding regulations, and who keeps or maintains the restricted animal species pursuant to that license.
(d) Penalty. Whoever violates any provisions of this section is guilty of a minor misdemeanor on the first offense; a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the first degree on the third offense. In addition to any other means of enforcement provided for in these Codified Ordinances, any restricted animal species kept in violation of this section may be seized and impounded, and all reasonable costs incurred by the City in seizing, impounding, and confining any such restricted animal species shall be charged against the violator. (Ord. 113-2009. Passed 5-19-09.)