34-11 Amend 505.18, Certain Animals Prohibited

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PLACED ON 1ST READING AND REFERRED TO THE PUBLIC SAFETY COMMITTEE 6/20/11; SUBSTI- TUTE VERSION RECOMMENDED FOR ADOPTION ON 3RD READING 7/5/11; PLACED ON 2ND READING 7/5/11; PLEASE SUBSTITUTE FOR ORIGINAL ORDINANCE NO. 34-11 BY. Anderson, Bullock, Juris, Madigan, Nowlin, Smith. AN ORDINANCE amending Chapter 505.18 of the Codified Ordinances, Certain Ani- mals Prohibited, for the purpose of restoring a list of animals that were prohibited under the pre- vious Sanitary Code of the City of Lakewood. WHEREAS, the Sanitary Code was updated in 2008 as a result of the city of Lakewood contracting with Cuyahoga County for the provision of public health services; and WHEREAS, certain animals that were prohibited under the former Sanitary Code were not included in the prohibitions found in Chapter 505, Animals and Fowl; and WHEREAS, it is important to the public health, welfare and safety that these animals be prohibited due to the close proximity of homes to each other and the urban community that makes up the City of Lakewood; and WHEREAS, pursuant to the Constitution of the State of Ohio and the Ohio Revised Code municipalities have the power to enact laws that are for the health, safety, welfare, comfort and peace of the citizens of the municipality; now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Chapter 505.18 of the Codified Ordinances, Certain Animals Prohib- ited, currently reading as follows: 505.18 CERTAIN ANIMALS PROHIBITED. (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 domesticated animal, or any other animal or reptile, with vicious or dangerous propensities, except to the extent that an exemption may be applicable pursuant to subsections (c) or (d) hereof. (b) For the purposes of this section, there shall be an irrebuttable presump- tion, that, when kept or maintained within the City, the animals listed below are considered dangerous animals to which the prohibition of subsection (a) hereof, in the absence of an exemption pursuant to sub- sections (c) or (d) hereof, applies: (I) All crotalid, elapid and venomous colubroid snakes; (2) Apes; Chimpanzees (Pan); gibbons (hylobates); gorillas (Go- rilla); orangutans (Pongo); and siamangs (Symphalangus);