Canton, Ohio
505.18 DANGEROUS OR VICIOUS ANIMALS.
(a) No person shall knowingly keep, maintain or
have in his possession
or under his control within the City any dangerous or carnivorous wild animal
or reptile, any vicious or dangerous domesticated animal, or any other animal
or reptile of wild, vicious or dangerous propensities, except to the extent
that an exemption may be applicable pursuant to subsections (d) or (e) hereof.
As used in this section, dangerous or vicious animal means and
includes the
following:
(1) Any animal with
a known propensity, tendency or disposition to
attack unprovoked, to cause injury or to otherwise endanger
the safety of human beings or domestic animals; or
(2) Any animal
which attacks a human being or domestic animal
without provocation; or
(3) Any animal
owned or harbored primarily or in part for the
purpose of fighting or any animal trained for fighting.
(4) Any animal that belongs to a breed commonly known as a pit
bull dog, whether full blooded or mixed breed. (Ord. 123-2007.
Passed 7-9-07.)
(b) The prohibitions of subsection (a) hereof
shall not be applicable
to the owners or keepers of domesticated dogs or cats; provided, however,
that the owners or keepers of a domesticated dog or cat which by its
characteristics meets the definitions of a dangerous or vicious animal set
forth in subsections (a)(1) through (3) hereof shall be subject to the
following requirements:
(1) No such person
shall suffer or permit such animal to go
unconfined on the land or building of such person.
(2) No such person
shall permit such animal to run on the
property of the owner other than in the back yard of the
property, in residential districts.
(3) Such person in
residential districts shall maintain fencing in
the back yard which is not less than six (6) feet in height;
which shall be constructed from stockade or solid screening
material; which shall fully confine the animal and prevent the
animal from reaching over, under or through the fence with its
jaws, teeth or claws; and which fencing shall be set back a
minimum of four (4) feet from any adjacent property lines.
(4) No such person
shall suffer or permit such animal to go beyond
the land or building of such person unless such animal is
securely restrained and muzzled.
(5) No such person shall fail to obtain liability insurance
with an
insurer authorized to write liability insurance in this state
providing coverage in each occurrence of not less than $100,000
due to damage, injury or death of a person caused by the vicious
animal. (Ord. 123-2007. Passed 7-9-07.)
(c) Any person charged with violating any
provisions of this section
regarding vicious animals may challenge the designation by law enforcement of
their animal as vicious through the following procedure:
(1) Request, in writing, a hearing before the Director of
Public
Safety of the City. Such request must include the name, address
and telephone number of the person charged, the date of the
charge and brief explanation of the reason for the challenge.
The request must be received by the Director of Public Safety
within 7 business days of the charge.
(2) The Director of Public Safety will set a hearing
before himself
or his designee within 10 business days of receipt of the written
request.
(3) If, after hearing, the Director of Public Safety in his
discretion finds the animal to be vicious, such preliminary
ruling is binding and final until such time as a court hears the
charges, at which time the court assumes sole jurisdiction over
the issue. If the Director of Public Safety finds the animal
does not satisfy one or more of the definitions of vicious under
the ordinance, he shall direct the police to withdraw the charges.
(Ord. 123-2007. Passed 7-9-07.)
(d) For purposes of this section, there shall be
an irrebuttable
presumption that, when kept or maintained within the City of Canton, the
animals listed below are considered dangerous animals to which the prohibition
of subsection (a) hereof, in the absence of an exemption pursuant to
subsections (d) or (e) hereof, applies:
(1) All crotalid,
elapid and venomous colubroid snakes;
(2) Apes: Gibbons (hylobates);
gorillas (Gorilla); orangutans
(Pongo); and siamangs (Symphalangus);
(3) Baboons (Papoi,
Mandrillus);
(4) Bears (Ursidae);
(5) Bison (Bison);
(6) Cheetahs (Acinonyx
jubatus);
(7) Crocodilians (corcodilia)
when twenty-four (24) inches in
length or more;
(8) Constrictor
snakes exceeding six (6) feet in length;
(9) Coyotes (Cants
latrans);
(10) Deer (cervidae)
includes all members of the deer family, for
example, white-tailed deer, elk, antelope and moose;
(11) Elephants (Elephas
and Loxodonta);
(12) Foxes (Canis vulpes);
(13) Game cocks and other
fighting birds;
(14) Hippopotami (Hippopotamidae);
(15) Hyenas (Hyaenidae);
(16) Jaguars (Panthera
onca);
(17) Leopards (Panthera
pardus);
(18) Lions (Panthera leo);
(19) Lynxes (Lynx);
(20) Ostriches (Struthio);
(21) Piranha fish (Characidae),
except those considered vegetarians;
(22) Pumas (Felis
concolor), also known as cougars, mountain lions
and panthers;
(23) Rhinoceroses (Rhinocerotidae);
(24) Sharks (Class
Chondrichthyes);
(25) Snow leopards (Panthera
uncia);
(26) Swine (Suidae);
(27) Tigers (Panthera
tigris);
(28) Wolves (Canis
lupus);
(29) Scorpions;
(30) Birds of prey,
except for those held by licensed falconers;
(31) Venomous fish;
(32) Poisonous spiders,
except for tarantulas;
(33) Stinging insects
(except honey bees);
(34) Bats.
(e) Licensed menageries, zoological gardens, and
circuses shall be
exempt from the provisions of subsection (a) hereof if all of the following
conditions are applicable:
(1) The location
conforms to the provisions of the City Zoning
Code;
(2) All animals and
animal quarters are kept in a clean and
sanitary condition and so maintained as to eliminate
objectionable odors;
(3) Animals are
maintained in quarters so constructed as to
prevent their escape; and
(4) No person
resides within fifty (50) feet of the quarters in
which the animals are kept.
(f) Notwithstanding any of the foregoing, the
Director of Public
Service/Safety may grant a specific exemption, on a temporary or permanent
basis, from any of the provisions of this section to any person with a
legitimate 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 exemption with the Director of Public
Service/Safety. The application shall state the 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) The Director of
Public Service/Safety 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.
(3) In considering
the merits of an application for exemption, the
Director of Public Service/Safety may cause one or more
inspections of the applicant's premises to be made by
appropriate City employees or representatives, and may also
refer the application to persons who are technically
knowledgeable with respect to the animals involved for an
advisory opinion.
(4) In evaluating
an application for exemption, the Director of
Public Service/Safety 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 made or will be made to
protect the safety and health of the animals involved;
F. Any other logically relevant information.
(5) An application
for exemption under this subsection (e) shall
be denied unless the Director of Public Service/Safety
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 involved have been or will be taken to assure at
least a minimum acceptable level of protection from danger to
the health and safety of the general public, persons residing
or passing near the applicant's premises, and the applicant.
(6) An exemption
granted pursuant to this subsection (e) may be
withdrawn by action of the Director of Public Service/Safety
in the event that the Director determines that there has been
a change in the conditions or assumptions under which it was
originally granted or in the event that the applicant fails
to comply with restrictions originally placed on the exemption.
(g) No exemption granted pursuant to any
provision of this section shall
be construed, nor is it intended by the City of Canton as a guaranty or
warranty of any kind, whether express or implied, to any person, including
without limitation the general public, persons residing or passing near the
applicant's premises, or the applicant, either in general or individually, as
to the danger or lack thereof, or degree of risk or health or safety of any
animal, specifically or generally, or any premises where any animal is
maintained or kept pursuant to such exemption.
(h) Penalty. Whoever violates any provision of
this section shall be
guilty of a misdemeanor of the first degree. (Ord. 123-2007. Passed 7-9-07.)