(a) No person shall harbor, maintain or keep a wild, dangerous or undomesticated animal within the Village of Waite Hill.
(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 snake, or a snake that is a constrictor; or
(2) Is an omnivorous or carnivorous animal weighing more than twenty (20) pounds and which is a predator in its natural habitat; or
(3) Is an animal which, by reason of its size, strength or appetite, if unrestrained and free in the Village, could cause peril to children, adults, pets or domesticated animals, buildings, landscaping or personal property; or
(4) 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
(5) Is an animal which emits such offensive odors as to constitute a nuisance to persons in the vicinity of such animal; or
(6) 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 Loxodonta), game cocks and other fighting birds, hippopotamus (Hippopotamidae), hyena (Hyaenidae), jaguar (Panthera Onca), leopard (Panthera Pardus), lion (Panthera Leo), lynx (Lynx), monkey (Cercopithecidae-old world), ostrich (Struthio), piranha fish (Characidae), puma (Felis Concolor--also known as cougar, mountain lion and panther), rhinoceros (Rhinocero Tidae), shark (Class Chondrichthyes), snow leopard (Panthera Uncia), tiger (Panthera Tigris) and wolf (Canis Lupus).
(c) If any provision 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) hereof which shall be given effect without the invalid provision or application and, to that end, the subsections and paragraphs of this section are declared to be severable.
(d) Whoever violates this section is guilty of a misdemeanor of the first degree. Each day during which such violation shall continue shall constitute a separate offense.
(e) In addition to any other remedies provided by law, in the event of any violation of this section or any imminent threat thereof, the Village may, by its legal counsel, prosecute a suit in the Common Pleas Court of Lake County, Ohio, to obtain a temporary restraining order and/or preliminary or permanent injunction to prevent or terminate such violation or violations.
(Ord. 1985-13. Passed 9-9-85.)