FindLaw | Find a Lawyer. Find Answers.

Search Cleveland Codes [Search Tips]

 

603A.01     Findings

It is hereby found that the animals listed in Section 603A.02, "Exotic Animal Defined", are by their very nature wild and potentially dangerous. Exotic animals do not thrive in the care of untrained individuals or in substandard captive environments. Exotic animals are generally unsuitable as household pets. Exotic animals are often acquired without the owner being fully cognizant of the animal's potential for dangerousness, or of its proper and humane care. It is further found that exotic animals have sometimes escaped in residential neighborhoods and constituted a threat to the safety, health and welfare of the general public. In consideration of the interests of exotic animal owners, the community at large, and the animals themselves, it is here by found that exotic animals, where permitted, should be regulated. In view of these interests, it is further found that persons that currently own exotic animals should be permitted to obtain personal possession permits for the animals if they are in compliance with the requirements of this chapter, but that no exotic animals other than those already lawfully kept in the City should be permitted.

Documents that this Council considered in the adoption of this legislation are contained in File No. 536-01-A are hereby made a part of the legislative record of this ordinance.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.02     Exotic Animal Defined

As used in this chapter, "exotic animal" means each of the following animals:

(a) Class Mammalia

(1) Order Artiodactyla

All species, including by way of example and not by way of limitation, all antelopes, bison, camels, deer, giraffes, and hippopotamuses.

(2) Order Carnivora

A. Family Felidae

All species of pantera, and all felis except felis catus.

B. Family Canidae

Coyotes, foxes, jackals, wolves.

C. Family Ursidae

All species, including by way of example and not by way of limitation, all species of bear.

D. Family Mustelidare

Badgers, martins, minks, skunks, and weasels.

E. Family Procyonidae

Coatis and racoons.

F. Family Hyaenidae

All species, including by way of example and not by way of limitation, all hyenas.

(3) Order Edentatia

All species, including by way of example and not by way of limitation, anteaters, armadillos, and sloths.

(4) Order Marsupialia

Kangaroos, opossums, and wallabies.

(5) Order Perissodactyla

Rhinoceroses and tapirs.

(6) Order Primates

All species, including by way of example and not by way of limitation, all chimpanzees, gorillas, lemurs, and monkeys.

(7) Order Proboscidae

All species, including by way of example and not by way of limitation, all elephants.

(8) Order Rodentia

Beavers, porcupines, and squirrels.

(b) Class Reptilia

(1) Order Squamata

A. Family Colubridae

African twig snakes, brown tree snakes, boomslangs, and mangrove snakes.

B. Family Elapidae

All species, including by way of example and not by way of limitation, all cobras, coral snakes, mambas, kraits, adders, sea snakes, and all other species of the Family Elapidae as listed in "Living Snakes of the world in Color" by John M. Mehrtens, Sterling Publishing Co., Inc., 1987.

C. Family Helodermatidae

Gila monsters and Mexican beaded lizards.

D. Family Viperidae and Family Crotalidae

All species, including by way of example and not by way of limitation, all vipers, adders, asps, moccasins, rattlesnakes, copperheads, and all other vipers and pit vipers as listed in "Living Snakes of the world in Color" by John M. Mehrtens, Sterling Publishing Co., Inc., 1987.

E. Family Boidae

Green anacondas and yellow anacondas; Jamaican boas; African rock pythons, amethystine pythons, Boelen's pythons, Burmese pythons, Indian pythons, olive pythons, and reticulated python.

F. Family Varanidae

Salvator monitor, salvadoran monitors.

(2) Order Crocodilia

All species, including by way of example and not by way of limitation, all crocodiles, alligators, caimans, and gavials.

(c) Class Aves

(1) Order Cainwarae

All species, including by way of example and not by way of limitation, all eagles, hawks, and vultures.

(2) Order Rheiformes

All species, including by way of example and not by way of limitation, all rheas.

(3) Order Struthioniformes

All species, including by way of example and not by way of limitation, all ostriches.

(4) Order Casuariiformes

All species, including by way of example and not by way of limitation, all cassowaries and emus.

(5) Order Strigiformes

All species, including by way of example and not by way of limitation, all owls.

Phylum Arthropoda

(d) Class Arachnida

(1) Order Scorpiones

Family Buthidae

Arabian fat-tailed scorpion_Androctonus crassicauda

Arizona centruroides scorpion_Centruroides exilicauda

Death stalker_Leiurus quinquestriatus

Egyptian yellow scorpion_Androctonus amoreuxi

Israeli black scorpion_Hottentotta judaicus

S.A. giant fat-tailed scorpion_Parabuthus transvaalicus

Sinai desert scorpion_Androctonus bicolor

Yellow desert scorpion_Androctonus australis

(2) Order Araneae

A. Family Therididae

Argentina red widow spider_Latrodectus coralinus

Brown widow spider_Latrodectus geometricus

Red-black widow_Latrodectus hasselti

Red widow spider_Latrodectus bishopi

Southern black widow spider_Latrodectus mactans

Western widow_Latrodectus hesperus

B. Family Loxoscelidae

Brown recluse spider_Loxosceles reclusa

(e) Class Chilopoda

(1) Order Scolopendromorpha

Family Scolopendridae

Amazon giant banded centipede_Scolopendra gigantea

Arizona Tiger Centipede_Scolopendra viridis

Florida keys centipede_Scolopendra alternans

(f) Class Chiroperta

Bats

(g) Green Iguanas

As used in this chapter, "exotic animal" also means all species listed under the Endangered Species Act as threatened or endangered, and shall also mean any snake, regardless of species, that is twelve (12) feet in length or longer.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.03     Keeping an Exotic Animal Without a Permit Prohibited

(a) No person shall keep or possess or bring into the City, any exotic animal unless the person has first obtained a personal possession permit for the animal from the Commissioner of Assessments and Licenses in accordance with the requirements of this chapter.

(b) No person who owns or has lawful possession of any real property, premises or structure shall keep or possess or allow any other person to keep or possess any exotic animal on the property, premises or structure except in accordance with the provisions of this chapter.

(c) No person shall breed an exotic animal, except in compliance with this chapter.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.04     Exemptions

Except for Sections 603A.14, 603A.15, 603A.16 and 603A.17, the provisions of which shall apply to all persons, this chapter shall not apply to any of the following:

(a) A person who keeps an exotic animal in accordance with a permit issued by the United States or the state of Ohio.

(b) A person whose duties include the keeping or handling of exotic animals, while the person is engaged in that duty, and who is employed by any of the following:

(1) The Division of the Dog Pound, Department of Public Safety, City of Cleveland.

(2) The County kennels.

(3) The Cleveland Metroparks Zoo.

(4) The Animal Protective League.

(5) A licensed veterinary hospital or clinic.

(6) A licensed or accredited research or medical institution.

(7) A facility licensed as an exhibitor or breeder by the United States Department of Agriculture under the Animal Welfare Act.

(8) A licensed or accredited educational institution, including museums.

(c) A person licensed as a wildlife rehabilitator pursuant to OHIO ADMIN. CODE § 1501:31-25-03.

(d) A person temporarily transporting an exotic animal through the City if the transit time is not more than 24 hours and the animal is at all times maintained within a confinement sufficient to prevent the exotic animal from escaping.

A person who holds a license pursuant to OHIO REV. CODE ANN. § 1533.08 and corresponding regulations.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.05     Personal Possession Permit

(a) A person may possess an exotic animal only if all the following are met:

(1) The person is the legal owner of the exotic animal and was in legal possession of the animal prior to the effective date of this chapter.

(2) The person applies for and is granted a personal possession permit from the Commissioner of Assessments and Licenses and Assessments for each exotic animal in the person's possession within 60 days of the effective date of this chapter.

(b) Any person who meets the requirements set forth in division (a) of this section shall annually obtain a personal possession permit. The initial term of all personal possession permits shall expire on May 31, 2002, and thereafter shall be for a duration of one year, commencing on June 1 of each year. From and after the effective date of this chapter, no new exotic animals shall be brought into the City under the authority of a personal possession permit.

(c) An applicant must file an application with the Commissioner of Assessments and Licenses on forms provided by the Commissioner. The application must include the following:

(1) An annual permit fee of $10.00 per animal.

(2) A written statement which sets forth the following information:

A. The name, address, and telephone number of the applicant.

B. A description of the exotic animal, including the scientific name, name, sex, age, color, weight, and any distinguishing marks or coloration that would aid in the identification of the animal.

C. A photograph of the exotic animal.

D. The exact location where each animal is to be kept.

E. The names, addresses, and telephone number of the person from whom the applicant obtained the exotic animal, if known.

F. The living environment in which the exotic animal will spend its time. Specifically, the type and size of cage, the physical and psychological enrichment the animal will receive daily (if applicable), type of exercise the animal will receive (if applicable), diet, and veterinary care the exotic animal will receive.

G. The identification number of the exotic animal, excluding exotic animals excepted under Section 603A.07(b).

H. The name, address, and phone number of the veterinarian who is expected to provide veterinary care to the exotic animal.

(d) A permit shall not be granted unless the Commissioner finds that all of the following apply:

(1) All of the requirements set forth in divisions (a)(1) and (a)(2) are met.

(2) The applicant is 18 years of age or older.

(3) The applicant has not been convicted of violating a local or state law prohibiting cruelty, neglect, or mistreatment of an animal or has not within the past 10 years been convicted of or found responsible for possession, sale, or use of illegal narcotics.

(4) The facility and the conditions in which each exotic animal will be kept are in compliance with this chapter.

(5) The applicant has obtained the requisite insurance liability coverage or surety bond for each exotic animal under the applicant's control as set forth in Section 603A.09.

(6) The applicant has regularly provided veterinary care to the exotic animal(s) when needed and intends to provide such care in the future.

(e) The personal possession permit shall set forth all of the following information:

(1) The name, address, and phone number of the permit holder.

(2) The address if different than above, where the exotic animal(s) will be kept.

(3) The name, number, species, age of the exotic animal, and any distinguishing marks or coloration that would aid in the identification of the animal.

(4) The identification number of each exotic animal as required under Section 603A.07, if applicable.

(5) The name, address, and phone number of the veterinarian who is expected to provide veterinary care to the exotic animal named on the permit.

(6) Any other relevant information the city may deem necessary.

(f) The Commissioner of Assessments and Licenses shall keep records of who is carrying a valid permit, and provide a copy of the same to the Dog Warden. The Dog Warden shall, in turn, notify the appropriate personnel in the Division of Police, as determined by the Safety Director.

(g) No person who holds a personal possession permit under this chapter shall fail to notify the Commissioner of Assessments and Licenses of any changes in the information stated on the permit, which must include the death of the exotic animal.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.06     Referral of Application

Upon receipt of a completed application for a personal possession permit, the Commissioner of Assessments and Licenses shall refer the application to the Division of Police to determine whether the applicant has committed any of the offenses identified in Section 603A.05(d)(3). The Division of Police shall report its findings back to the Commissioner.

In addition, If the applicant is seeking a permit for five or more exotic animals, the application shall be referred to the Dog Warden, who shall inspect the premises at which the exotic animals are proposed to be kept. The Dog Warden shall report back to the Commissioner as to whether or not the premises comport to the requirements of this chapter.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.07     Identification Number

(a) No person who owns an exotic animal shall fail to have an identification number placed in the exotic animal via subcutaneous microchip at the expense of such person, by or under the supervision of a veterinarian.

(b) The Dog Warden shall specify the exact type of subcutaneous chip to be placed in exotic animals, which shall be the same type as used for vicious dogs under Section 604.03(d) of these Codified Ordinances.

(c) It shall be an affirmative defense to division (a) of this section that the person has had the animal examined by a veterinarian for the purpose of complying with division (a) and the veterinarian has determined that the placement of a microchip would be harmful to the animal.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.08     Care and Treatment of Exotic Animal Held Under Permit

(a) For each exotic animal, including reptiles, birds and insects only where applicable, the possessor shall comply with all applicable standards of the Animal Welfare Act (7 U.S.C. Section 2131 et seq.) and its subsequent amendments, regulations and standards adopted under that Act relating to:

(1) Facilities and operations

(2) Animal health and husbandry

(3) Veterinary care

(b) The cage or facility where an exotic animal is primarily housed shall be secured at all times. If the exotic animal is caged or housed outdoors, the animal shall be secured and kept inaccessible to the public, and shall not be visible from any public right-of-way.

(c) The exotic animal shall not be tethered, leashed, or chained outdoors, or allowed to run at-large.

(d) An exotic animal shall not be mistreated, neglected, abandoned, or deprived of necessary food, water, and sustenance.

(e) A person transporting an exotic animal in a vehicle shall keep the animal securely caged in the vehicle at all times.

(f) Each permittee shall have a plan for the quick and safe recapture of the exotic animal if the animal escapes.

(g) If a person who holds a personal possession permit can no longer care for an exotic animal, that person shall comply with Section 603A.16 in the disposition of the animal.

(h) No person shall fail to comply with the requirements of this section. Any person who violates this section is subject to the penalties provided in Section 603A.99.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.09     Insurance; Signs; Notification

(a) Any person who holds a personal possession permit under this chapter shall obtain a policy of liability insurance or surety bond written by an insurer or a surety authorized to conduct business in the state of Ohio, in an amount not less than two hundred and fifty thousand dollars ($250,000.00), to cover damage or injury to persons or property caused by the exotic animal and shall maintain such coverage during the entire term of the personal possession permit. Each applicant for a personal possession shall submit to the Commissioner of Assessments and Licenses as part of the application a certificate of liability insurance, or proof of a surety bond, that complies with this section.

(b) No person who owns, possesses or keeps an exotic animal or animals shall fail to have posted and displayed at each possible entrance onto the premises where the animal or animals are kept a conspicuous sign that contains at least the words "permit issued under C.O. Section 603A.05" and a phone number at which the permittee may be contacted 24 hours a day. The exact content and size of the sign shall be prescribed by the Commissioner of Assessments and Licenses

(c) No person who owns, possesses or keeps an exotic animal shall fail to immediately contact the Division of Police in the event that the exotic animal escapes or is for any reason at large. The possessor is liable for all expenses associated with efforts to recapture the exotic animal.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.10     Inspections

(a) Any facility where the exotic animal is housed may be inspected by the Dog Warden, a sanitarian of the Health Department, a police officer, or any other person designated by the Safety Director for that purpose, at all reasonable times to ensure compliance with this chapter.

(b) Any facility housing five (5) or more exotic animals shall be inspected annually by the Dog Warden to certify that the exotic animals are properly confined and cared for in compliance with this chapter.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.11     Rabies

(a) If an exotic animal potentially exposes a human, companion animal, or livestock to rabies by any penetration of the skin by teeth, any scratch that causes penetration of the skin, any abrasion that causes penetration of the skin, or contamination of open wounds or mucous membranes with saliva or other infectious matter, the possessor of the exotic animal shall report the potential exposure to the local health department within 24 hours.

(b) If an exotic animal potentially exposes a human, companion animal, or livestock to rabies, the exotic animal shall be examined for rabies in the manner set forth under the public health code of the state. However, if a rabies vaccination is approved by the federal government for use on a species of exotic animal that potentially exposed the human, companion animal, or livestock to rabies and the exotic animal has been vaccinated then the exotic animal shall not be euthanized.

(c) If a rabies vaccination is or becomes approved by the federal government for use on a species of exotic animal, the possessor of the exotic animal shall have the exotic animal vaccinated for rabies by a veterinarian.

(d) No person shall fail to comply with the requirements of this section. Any person who violates this division is subject to the penalties provided in Section 603A.99.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.12     Appeal from Denial or Revocation of a Permit

Any person who is denied a personal possession permit, or who has had a permit suspended or revoked’ may appeal the decision of the Commissioner of Assessments and Licenses to the Board of Zoning Appeals, in writing, within ten (10) days of the Commissioner's decision, in the manner provided in Section 403.09.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.13     Violation Notices; Seizure of Exotic Animals Kept In Violation of this Chapter

(a) Violation Notices. The Director of Public Safety shall investigate any alleged violation of this chapter on his own initiative or upon the complaint of any person. If, after investigation, there is probable cause to believe that there is a violation of this chapter, then the Director of Public Safety may send a violation notice to the offender, as described in division (b). Enforcement of this chapter by means of violation notice is in addition to and not in lieu of any other means of enforcement provided for in these Codified Ordinances including, without limitation, Section 603A.99.

(b) Form of Notice. Any violation notice sent under division (a) shall be in writing, and shall specify the action that is required of the violator, and the time frame for compliance. The Director shall limit the time for compliance to five (5) days unless he determines that there is good cause to specify a longer period. The notice shall require the offender to come into compliance with all provisions of this chapter, to dispose of the animal in accordance with Section 603A.16, or to safely remove the exotic animal from the City.

(c) Seizing and Impounding. If the owner, keeper or possessor of an exotic animal fails to comply with a violation notice sent pursuant to division (b) of this section, the Director of Public Safety shall forthwith cause the exotic animal to be seized and impounded. In addition, without the necessity of advance notice, the Director shall cause the seizure and impoundment of any exotic animal that has previously caused serious physical harm to any person, as set forth in Section 601.01, or in any instance in which the exotic animal has escaped or is at large.

If an animal is being seized or impounded under this section poses a risk of serious physical harm or death to any person, the Dog Warden or other person authorized by the Director of Public Safety may render the exotic animal immobile by means of tranquilizers or other safe drugs, or if that is not possible, the animal may be euthanized.

(d) Costs. All reasonable costs incurred by the Director of Public Safety in seizing, impounding or confining any exotic animal pursuant to division (c) of this section shall be charged against the owner, keeper or possessor of the animal and shall be collected by the Director of Law.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.14     Facilities Housing Reptiles

(a) No person who conducts a pet store business, or whose business includes the sale, breeding or keeping of reptiles, shall sell or offer to sell, or give, or offer as a promotion, any reptile unless such person gives to each prospective purchaser or acquirer of the reptile a notice substantially In the form set forth in division (c) of this section.

(b) No person who conducts a pet store business, or whose business includes the sale, breeding or keeping of reptiles shall fail to prominently post, at each place where reptiles are kept, displayed or housed, a notice of safe reptile handling practices substantially in the form set forth in division (c) of this section.

(c) The notice of safe reptile handling practices required by divisions (a) and (b) of this section shall be in substantially the following form:

"SAFE REPTILE HANDLING PRACTICES

(1) Reptiles carry salmonella bacteria, which can make people sick.

(2) Persons should always wash their hands thoroughly with soap and water after handling reptiles or reptile cages.

(3) Persons at increased risk for infection or serious complications for salmonellosis (e.g. children, elderly, and immunocompromised persons) should avoid contact with reptiles.

(4) Pet reptiles should be kept out of households where children aged less than 5 years, the elderly, and immunocompromised persons live. Families expecting a new child should remove the pet reptile from the home before the infant arrives.

(5) Pet reptiles should be kept out of kitchens and other food preparation areas to prevent contamination. Kitchen sinks should not be used to bathe reptiles or wash reptile dishes, cages, or aquariums. If bathtubs are used for the above purposes then they should be cleaned thoroughly and disinfected.

(6) Pet reptiles should not be kept in child care centers.

(7) Pet reptiles should not be allowed to roam freely throughout the home or living area."
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.15     Public Contact with Exotic Animals Restricted

(a) No person who owns or possesses an exotic animal shall bring the animal into any commercial or retail premises unless the person is bringing the animal to a veterinarian or a veterinarian clinic or other establishment for the care of the animal.

(b) No person who owns or possesses an exotic animal shall walk the exotic animal on a leash on any public sidewalk or right-of-way, or in any public place.

(c) No person who owns or possesses an exotic animal shall carry the animal on his person, or wear the animal as if it were an article of clothing, or wrap the animal around his or her person, on any public sidewalk, public right-of-way or in any public place.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.16     Disposition of Exotic Animals

(a) If a person who holds a personal possession permit can no longer care for an exotic animal, the person may contact the Animal Protective League, the Dog Warden, the Cleveland MetroParks Zoo, or the Cleveland Museum of Natural History for possible placement of the animal.

(b) No person shall dispose of an exotic animal down a toilet, or in a sewer, waterway, or in any public place.

(c) No person shall set an exotic animal free in any place in the City.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.17     Snakes in MultiFamily Residences Prohibited

No person shall possess or keep any snake that is an exotic animal as defined in Section 603A.02 in a place used as a multifamily residence.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.18     Severability

If any part of this chapter is found to be unconstitutional or unenforceable it shall not affect the constitutionality or enforceability of any other part of this chapter.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)

603A.99     Penalties

(a) Whoever violates Section 603A.09(c) or Section 603A.16(b) or (c) is guilty of a misdemeanor of the first degree.

(b) Whoever violates any sectIon of this chapter for which no other penalty is provided is guilty of a minor misdemeanor on the first offense; a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the first degree on the third offense. In addition to any other means of enforcement provided for in these Codified Ordinances, each minor misdemeanor offense established by this chapter may be enforced by the issuance of a minor misdemeanor citation in accordance with Criminal Rule 4.1 without the necessity of first issuing a violation notice as described in Section 603A.13.
(Ord. No. 536-01. Passed 6-3-02, eff. 6-10-02)