(a) No person shall knowingly keep, maintain or have in their possession or under their control within the City of Wauseon any dangerous or carnivorous wild animal or reptile, including, but not limited to, those set forth hereinafter, except as provided in subsections (c) or (d) hereof.
(b) For the purpose of this section the animals listed below are considered dangerous animals to which the prohibition of subsection (a) hereof applies.
(1) All venomous snakes and venomous reptiles.
(2) All simians, including but not limited to apes, chimpanzees, gibbons, gorillas, orangutans, baboons and monkeys.
(3) Piranha fish.
(4) Bears.
(5) Bison.
(6) Sharks.
(7) Deer (includes all members of the deer family).
(8) Pachyderm.
(9) Constrictor snakes.
(10) Crocodilians.
(11) Cheetahs, lions, tigers, lynxes, leopards, puma, bobcat and jaguars.
(12) Foxes, coyotes and hyenas.
(13) Wolves whether pure or cross breed.
(14) Non domestic cats.
(c) Licensed pet shops, menageries, zoological gardens and circuses shall be exempt from the provisions of subsection (a) and (b) hereof if all of the following conditions are met:
(1) The location conforms to the provisions of the City Zoning Code;
(2) No person resides within fifty feet of the quarters in which the animals are kept;
(3) Animals are maintained in quarters so constructed as to prevent their escape; and
(4) All animals and animal quarters are kept in a clean and sanitary condition.
(d) Notwithstanding any of the foregoing, the Code Administrator may grant a specified exemption, on a temporary or permanent basis, from any of the provisions of this section to any person with a designated scientific, educational, commercial or other purpose for maintaining the prohibited animals, in accordance with the following provisions:
(1) Written application for exemption shall be filed by any person desiring to obtain an applicant’s name, address, type and number of animals desired to be kept, general purpose for which the animals will be kept, and a general description of provisions which will be made for safe, sanitary and secure maintenance of the animals.
(2) In considering the merits of an application for exemption, the Code Administrator may cause one or more inspections of the applicant’s premises to be made by appropriate employees or representatives of the City and may also refer to the application to persons who are technically knowledgeable with respect to the animals involved for an advisory opinion.
(3) In evaluating an application for exemption, the Code Administrator shall give consideration to the following criteria:
A. The experience and knowledge of the applicant relative to the animals involved;
B. Whether the applicant has obtained a federal or state permit relative to the animals involved;
C. The relative danger, 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 for the safe, sanitary and secure maintenance of the animals for the protection of the general public, persons residing or passing near the applicant’s premises and the applicant;
E. The provisions which have been or will be made to protect the safety and health of the animals involved;
F. Any other relevant information.
(4) The Code Administrator may grant, deny or restrict the terms of an application for exemption; provided, however, that he shall take some official action on an application within 120 days of its filing.
(5) An application for exemption under this subsection (d) shall be denied unless the Code Administrator determines that, in view of all the relevant criteria and any restrictions, which he may provide, reasonably appropriate measures commensurate with the degree of risk associated with the animals.
(Ord. 2003-3. Passed 5-19-03.)
(6) All written applications shall include a one hundred dollar ($100.00) fee.
(Ord. 2004-12. Passed 7-6-04.)
(e) Whoever violates this section is guilty of a minor misdemeanor of the third degree by a fine not to exceed five hundred dollars ($500.00) and incarceration not to exceed sixty days.
(Ord. 2003-3. Passed 5-19-03.)