§ 701-42. Possession or Sale of Wild or Potentially Dangerous Animals; Prohibitions.
(a)
No person shall keep, own, harbor, have charge of, maintain or have control of within the city a wild or potentially dangerous animal.
(b)
No person shall possess with intent to sell, sell or offer for sale, or buy or attempt to buy within the city a wild or potentially dangerous animal.
(c)
For purposes of this section, a wild or potentially dangerous animal is defined as an animal which is wild by nature and not customarily domesticated in the City of Cincinnati and which because of its size, disposition, or other characteristics inherently constitutes a danger to human life or property. A wild and potentially dangerous animal shall include but not be limited to:
(1)
Apes: Chimpanzees (Pan); gibbons (Hylobates; gorillas (Gorilla); orangutans (Pongo); and siamangs (Symphalangus).
(2)
Baboons (Papoi, Mandrillus).
(3)
Bears (Ursidae).
(4)
Cheetahs (Acinonyx jubatus).
(5)
Coyotes (Canis latrans) and coyote-dog hybrids.
(6)
Elephants (Elephas and Loxodonta).
(7)
Hyenas (Hyaenidae).
(8)
Jaguars (Panthera onca).
(9)
Leopards (Panthera pardus).
(10)
Lions (Panthera leo).
(11)
Lynxes (Lynx).
(12)
Pumas (Felis concolor); also known as cougars, mountain lions and panthers.
(13)
Tigers (Panthera tigris).
(14)
Wolves (Canis lupus) and wolf-dog hybrids.
(15)
Wild cats (jungle cat, ocelot, margay, serval, caracal, leopard cat) and wildcat-domestic cat hybrids.
As used in this section, "Wild or Potentially Dangerous Animal" does not include an animal that is in the possession or control of any of the following agencies, organizations, its employees or agents:
(1)
The Division of Wildlife in the Department of Natural Resources;
(2)
The Ohio Department of Agriculture;
(3)
An incorporated humane society;
(4)
A veterinarian holding a valid license under Chapter 4741 of the Ohio Revised Code, who has custody of the animal for the purpose of providing medical treatment of the animal;
(5)
Any organization that is an accredited member of the American Association of Zoological Parks and Aquariums;
(6)
An agency or official of the United States government acting in its official capacity;
(7)
Any research facility within the meaning of the "Animal Welfare Act," 80 STAT 359 (1966) 7 USCA 2131, as amended;
(8)
A common carrier with possession of the animal for the purpose of transportation;
(9)
Any person who is not currently dwelling in the city, who is traveling through the City of Cincinnati with any "wild or potentially dangerous animal," and who is in the City of Cincinnati for no more than twenty-four hours and the "wild or potentially dangerous animal" is maintained in quarters so constructed which are humane and will prevent escape;
(10)
The International Society for the Preservation of Wild Animals;
(11)
Research facilities of the International Society for Endangered Cats; or
(12)
Any circus, exhibitor or professional entertainer, holding a valid license issued by the Secretary of Agriculture of the United States in accordance with the "Animal Welfare Act", 7 U.S.C. § 2134, and the Code of Federal Regulations, 9 C.F.R. § 2.1, present within the City of Cincinnati for the purpose of entertainment to the general public provided the wild or potentially dangerous animal is maintained in quarters so constructed which are humane and will prevent escape.
Whoever violates this section is guilty of a misdemeanor of the second degree for the first offense and a misdemeanor of the first degree for each subsequent offense.
When any person is found guilty of a second offense of Section 701-42, such person shall be fined not less than $300.00, which fine shall not be remitted.
In addition, any person found guilty of violating § 701-42 shall be liable to the city for all expenses, whether incurred by the city or advanced by the city, for the shelter, food, veterinary expenses, boarding and transportation of the seized wild or dangerous animal, and such other expenses as may be required in the relocation or destruction of any such wild or dangerous animal.
(Ord. 205-1994, eff. 7-8-94; a. Ord. No. 188-1995, eff. June 16, 1995; a. Ord. No. 106-2008, § 1, eff. April 26, 2008)