§ 701-41. Endangered Species, Possession and Sale of.  


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  • No person shall possess with intent to sell, sell or offer for sale, or buy or attempt to buy within the city any of the following animals, alive or dead, or any part or product thereof: all wild cats of the family Felidae, polar bear (Thalarctos martimus), red wolf (Canis niger), vicuna (Vicugna vicugna), or alligator, caiman or crocodile of the order of Crocodylia, gray or timber wolf (Canis Lupus), sea otter (Enhydra lutris), Pacific Ridley Turtle (Lepidochelys Olivacea), Atlantic Green Turtle (Chelonia Mydas), Mexican Ridley Turtle (Lepidochelys Kempi).

    No person shall buy, sell or offer for sale a native or foreign species or subspecies of mammal, bird, amphibian or reptile, or the dead body or parts thereof, which appears on the Endangered Species List designated by the United States Secretary of the Interior and published in the Code of Federal Regulations pursuant to the Endangered Species Act of 1969 (Public Law 135, 91st Congress).

    No person shall import or cause to be imported into this city any part of the plumage, skin or dead body of any species of hawk, owl or eagle. This paragraph shall not be construed to forbid or restrict the importation or use of the plumage, skin, body, or any part thereof legally collected for use by the American Indians for ceremonial purposes or in the preservation of their tribal customs and heritage.

    This section does not prevent the importation, possession, purchase or sale of any species by the Cincinnati Museum of Natural History, institutes of higher learning, persons holding federal permits, the Cincinnati Zoological Gardens, or by a person holding a Scientific Collectors Permit issued by the Director of the Department of Natural Resources of the State of Ohio, or to any person or organization licensed to present a circus under Chapter 825 of the Cincinnati Municipal Code.

    Any product being offered for sale in violation of this ordinance may be seized by any police officer acting pursuant to the orders of the city manager and upon seizure and a hearing which shall be promptly held before the city manager or person designated by the city manager may be destroyed or in appropriate circumstances be disposed of through zoological, educational or conservation institutions by order of the city manager.

    Whoever violates this ordinance shall be guilty of a misdemeanor of the fourth degree for the first offense and a misdemeanor of the third degree for each subsequent offense.

    (C.M.C. 701-41; ordained by Ord. No. 523-1973, eff. Jan. 1, 1974)

    Analogous to C.M.C. 901-E3; ordained by Ord. No. 233-1972, eff. July 1, 1972; r. Ord. No. 523-1973, eff. Jan. 1, 1974.