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Old 08-31-2006, 11:53 PM
lethargiic lethargiic is offline
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Ohio proposal new exotic laws requiring permit system

Just wanted to post this link for a proposed bill in the state of Ohio.. The state government is now proposing to install some sort of permit system along with a lot of regulations on top of the usual AZA exotic husbandry standards and recommendations in order to keep exotic animals (including venomous reptiles, iguanas and large boids and a few species of monitor lizards). Plus it looks like people who have exotics are gonna be required to have liability insurance, security fencing, signs and the whole 9 nine yards that tells the whole town that so and so has exotic and dangerous exotic animals.

This is gonna really affect the herp community big time.. so please don't ignore this!

http://www.legislature.state.oh.us/b...ID=126_HB_0643

As Introduced

126th General AssemblyRegular Session2005-2006H. B. No. 643

Representatives Distel, Hartnett, Foley, DeGeeter, Chandler, Fende, Williams, Perry, Koziura, Ujvagi, Otterman

A BILL

To enact sections 1534.01 to 1534.14 and 1534.99 of the Revised Code to require persons who possess dangerous wild animals or exotic animals to obtain a personal possession permit and to establish requirements regarding the possession and care of dangerous wild animals and exotic animals.


BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 1534.01, 1534.02, 1534.03, 1534.04, 1534.05, 1534.06, 1534.07, 1534.08, 1534.09, 1534.10, 1534.11, 1534.12, 1534.13, 1534.14, and 1534.99 of the Revised Code be enacted to read as follows:

Sec. 1534.01. As used in this chapter:

(A) "Dangerous wild animal" means a coyote, black bear, mountain lion, wolf, bobcat, or wild board or a hybrid of such animals.

(cool.gif "Exotic animal" means any of the following animals, including hybrids of them, that due to their inherent nature may be considered dangerous to humans:

(1) A lion;

(2) A tiger;

(3) A cougar;

(4) A leopard;

(5) A serval;

(6) An ocelot;

(7) A nonhuman primate, except a nonhuman primate that provides support or assistance for a mobility impaired person;

( A jackal;

(9) A hyena;

(10) A martin;

(11) A coati;

(12) A civet;

(13) A genet;

(14) A mongoose;

(15) A binturong;

(16) An anteater;

(17) An armadillo;

(1 A sloth;

(19) A kangaroo;

(20) A wallaby;

(21) A rhinoceros;

(22) A tapir;

(23) An elephant;

(24) A prairie dog;

(25) A hippopotamus;

(26) A giraffe;

(27) A camel;

(2 A crocodile monitor;

(29) A water monitor;

(30) A green iguana;

(31) A rock iguana;

(32) A species within the family Elapidae;

(33) A species within the family Boidae that has the potential to exceed eight feet in length;

(34) A boomslang or African twig snake of the family Colubridae.

© "Humane society" means an organization that is organized under section 1717.05 of the Revised Code.

(D) "Law enforcement agency" means any organization or unit that is comprised of law enforcement officers.

(E) "Possess" means own, keep, harbor, or have in a person's custody.

(F) "Serious physical harm to a person" means any of the following:

(1) Any physical harm that carries a substantial risk of death;

(2) Any physical harm that involves some permanent incapacity, whether partial or total, or that involves some temporary, substantial incapacity;

(3) Any physical harm that involves some permanent disfigurement or that involves some temporary, serious disfigurement;

(4) Any physical harm that involves acute pain of such duration as to result in substantial suffering or that involves any degree of prolonged or intractable pain.

(G) "Veterinarian" means an individual who is licensed under Chapter 4741. of the Revised Code.

(H) "Wildlife sanctuary" means a nonprofit organization as described in section 170 of the "Internal Revenue Code of 1986," 100 Stat. 2085, 26 U.S.C. 170, as amended, that operates a place of refuge where abused, neglected, unwanted, impounded, abandoned, orphaned, or displaced exotic animals are provided care for their lifetime or released back to their natural habitat and, with respect to an animal possessed by the organization, that does not do any of the following:

(1) Use the animal for any type of entertainment;

(2) Sell, trade, or barter the animal or the animal's body parts;

(3) Breed the animal.

Sec. 1534.02. (A) Except as otherwise provided in this chapter, no person shall possess a dangerous wild animal or an exotic animal.

(cool.gif This chapter does not apply to any of the following:

(1) The division of wildlife;

(2) A facility that is an accredited member of the American zoo and aquarium association or that is under mentorship of the association;

(3) A humane society;

(4) A veterinary hospital or clinic;

(5) A wildlife sanctuary;

(6) A research facility as defined in the "Animal Welfare Act of 1966," 80 Stat. 350, 7 U.S.C. 2131, as amended;

(7) A vocational school, college, university, or other educational institution;

( A traveling public show or circus that uses dangerous wild animals or exotic animals as an integral part of the show or circus performance and that keeps the animals in this state only during the time period when the traveling public show or circus is performing in this state;

(9) An individual who does not reside in this state and is traveling through this state with a dangerous wild animal or an exotic animal, who has the animal confined in a cage at all times, and who is in this state not more than ninety-six hours.

Sec. 1534.03. (A) No person shall possess a dangerous wild animal or an exotic animal on or after the effective date of this section without a personal possession permit issued by the chief of the division of wildlife under section 1534.05 of the Revised Code.

(cool.gif A person who possesses a dangerous wild animal or an exotic animal on the effective date of this section shall apply for a personal possession permit not later than ninety days after the effective date of this section. If such a person subsequently is issued a personal possession permit, the person shall not be found guilty of violating this section during the period of time beginning on the effective date of this section until the issuance of the permit.

Sec. 1534.04. (A) An applicant for a personal possession permit shall file an application for a permit with the chief of the division of wildlife on a form provided by the chief. An applicant need apply for only one permit regardless of the number of dangerous wild animals or exotic animals that are possessed by the applicant. The application shall include all of the following:

(1) The name, date of birth, address, and telephone number of the applicant;

(2) If different from the information provided under division (A)(1) of this section, the name, address, and telephone number of the location where each dangerous wild animal or exotic animal will be confined;

(3) A description of each dangerous wild animal or exotic animal, including the scientific name, the name that the applicant has given the animal, the animal's sex, age, color, and weight, and any distinguishing marks or coloration that would aid in the identification of the animal;

(4) Any additional information that the chief determines is necessary to administer and enforce this chapter.

(cool.gif The applicant shall submit with the application a permit fee in an amount established by the chief in rules adopted under section 1534.10 of the Revised Code. If a permit is not issued, the permit fee shall be retained by the chief as payment for the reasonable expense of processing the application. The fee shall be deposited in the state treasury to the credit of the dangerous wild and exotic animals fund created in section 1534.14 of the Revised Code.

Sec. 1534.05. (A) Not later than ninety days after receipt of an application, the chief of the division of wildlife shall issue or deny a personal possession permit. The chief shall issue a permit to an applicant only if all of the following apply:

(1) The applicant is eighteen years of age or older.

(2) The applicant has submitted the permit fee required under division (cool.gif of section 1534.04 of the Revised Code.

(3) The applicant has submitted a complete application that meets the requirements established in section 1534.04 of the Revised Code.

(4) The facility and the conditions in which each dangerous wild animal or exotic animal will be kept are in compliance with this chapter and rules adopted under it.

(5) The applicant has complied with the liability insurance requirements established in section 1534.07 of the Revised Code.

(cool.gif(1) A personal possession permit shall contain all of the following:

(a) The name, date of birth, address, and telephone number of the permit holder;

(cool.gif If different from the information provided under division (cool.gif(1)(a) of this section, the name, address, and telephone number of the location where each of the permit holder's dangerous wild animals or exotic animals will be confined;
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