(a) Definitions. As used in this section:
(1) “Dangerous animal and/or reptile” means any animal other than a domestic dog or cat, which in its wild state is carnivorous or which because of its nature or physical makeup is capable of inflicting serious physical harm or death to human beings, including, but not limited to, members of the cat family; and reptiles which are venomous or otherwise present a risk of serious harm or death to human beings as a result of their nature or physical makeup, including all constrictors; and fish which present a risk of serious physical harm or death to human beings as a result of their nature or physical makeup; and all bears, wolves, wolverines, badgers, lions, tigers and such other animals as the Director of Public Safety and/or the Director of Public Service, in consultation with the Police Chief, determines by written rules to be dangerous animals.
(2) “Own, harbor or keep” means to have legal title to or control or custody over any dangerous animal in the Municipality, except as otherwise provided in subsection (c) hereof.
(3) “Person” includes any natural person, association, partnership, organization or corporation.
(4) “Serious physical harm” has the same meaning as contained in Ohio R.C. 2901.01.
(b) Prohibition. Except as provided in subsection (c) hereof, no person shall own, keep or harbor any dangerous animal(s) and/or reptile(s) in the Municipality.
(c) Exceptions. This section shall not apply to any keeping of such animal(s) and/or reptile(s) in a bona fide, licensed veterinary hospital for treatment; bona fide educational or medical institutions, museums; circus, zoo, carnival or other event for entertainment, which is authorized by law by the proper and responsible official or officials of the Municipality, provided the proper bond or insurance be posted, to indemnify those who may be injured or killed by dangerous animals and/or reptiles. The type and amount of such bond or insurance shall be determined by the Director of Law, except where otherwise provided by ordinance.
(d) Notice of Keeping Dangerous Animals and/or Reptiles.
(1) Upon written complaint of any person that a person owns or is keeping or harboring a dangerous animal or reptile on the premises in the Municipality, the Police Chief shall forthwith cause the matter to be investigated, and if after such investigation the facts indicate that such person, named in the complaint, is in fact the owner or is keeping or harboring any such dangerous animal or reptile in the Municipality, the Police Chief shall forthwith send a notice to such person, to be delivered via certified mail or personally served by a police officer, requiring such person to safely remove such animal from the Municipality within three days of the date of such notice.
(2) Notice, as herein provided, shall not be required where such dangerous animal has previously caused serious physical harm or death to any person, or has escaped and is at large, in which case the Police Chief shall cause the animal to be immediately seized and impounded, according to the provisions of subsection (e) hereof, or killed if seizure and impoundment are not possible without risk of serious harm or death to any person.
(e) Seizure and Impoundment of Dangerous Animals and/or Reptiles.
(1) The Police Chief shall forthwith cause to be seized and impounded any dangerous animal and/or reptile where the person owning, keeping or harboring such animal and/or reptile, has failed to comply with the notice sent pursuant to subsection (d) hereof. Upon seizure and impoundment, the animal shall be delivered to a place of confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animal and/or reptile.
(2) If, during the course of seizing and impounding any such animal and/or reptile, the animal poses a risk of serious physical harm or death to any person, such person or persons authorized by the Police Chief may render such animal and/or reptile immobile by means of tranquilizers or other safe drugs, or if that is not safely possible, then the animal and/or reptile may be killed.
(f) Costs to be Paid by Responsible Person. Any reasonable cost incurred by the Police Chief in seizing, impounding and confining any dangerous animal and/or reptile pursuant to subsection (e) hereof shall be charged against the owner, keeper or harborer of such animal and/or reptile and shall be collected by the Director of Law.
(g) Penalty. Any person who violates this section shall be guilty of a misdemeanor of the fourth degree for the first offense, and for each subsequent offense under this section shall be guilty of a misdemeanor of the third degree, provided, however, that each day a person fails to abide by the notice sent by the Police Chief, after the expiration date therein, shall constitute a distinct and separate offense.
(Ord. 94044. Passed 5-16-94.)