§ 92.30. Public exhibition of animals.
A.
Definitions:
1.
"Petting zoo." Temporary or permanent events, open farms or premises where contact is permitted between animals and members of the public, whether a fee is charged or not, including but not limited to animal nurseries, zoos, wildlife parks, wildlife sanctuaries, nature education centers, traveling farms, animal troupes, circuses, agricultural shows, field days, mini-farms at schools, and animal exhibits at shopping centers, and includes animal areas.
2.
"Person." An individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, department, bureau, agency or any entity recognized by law.
3.
"Animal area." All structures, pens, coops or yards wherein animals are kept or permitted to be kept.
4.
"Animal." All organisms commonly classified in the Animal Kingdom, excluding humans, and including, but not limited to: mammals, reptiles, amphibians, birds, insects, spiders, and scorpions.
5.
"Educational demonstration." Presenting an animal or group of animals for the purpose of describing the characteristics, habits, or traits of the animal(s) during which there is no physical contact between the audience and the animal(s).
B.
Prohibitions:
1.
No person shall operate a petting zoo without notifying the Department of Health, Environmental Division in writing at least five days before the event. This written notification must contain the name and telephone number of the operator or other responsible person, the date, time, location, and duration of the petting zoo, the number and species of animals that will be present, number and species of any animals that have been immunized for rabies, proof of insurance and proof of any applicable USDA license. A sketch of the petting zoo shall also be provided depicting the physical layout of the petting zoo, including locations of exhibits, barriers, eating areas, entrance(s) to and exit(s) from the petting zoo, hand-washing stations, and distances between such items.
2.
No person who has obtained a mobile petting zoo license pursuant to Section 111.621 shall operate a petting zoo without first notifying the Department of Health, Environmental Division in writing, at least forty-eight hours before the event of the date, time, and location of the petting zoo.
3.
No person shall operate a petting zoo without providing a sufficient number of hand-washing stations to serve members of the public at the busiest time of the petting zoo. At least two such hand-washing stations must be visible, easily accessible, and operating at all times the petting zoo is open to the public. In no instance shall the distance between hand-washing stations and a petting zoo exceed one hundred feet, although a maximum distance of twenty-five feet is recommended. Hand-washing stations shall provide running water, soap, towels or hand dryers, and trash receptacles.
4.
No person shall operate a petting zoo without providing an adequate barrier which prevents visitors from entering the animal area. The barrier shall be sanitized at least once daily by a method that is approved by the Akron Health Department, unless directed to sanitize the barrier more frequently by the Director of Health, and any visible soilage cleaned as necessary.
5.
No person shall operate a petting zoo without providing an adequate barrier which prevents visitors from touching animals that are not available for touching or that should not be touched. The barrier shall be constructed to prevent direct human contact with such animals.
6.
No person shall operate a petting zoo without providing appropriate informational and educational materials to advise the public of the dangers associated with eating in animal areas and hand-to-mouth contact without hand-washing after contact with animals. At a minimum, this information should consist of signs and brochures. Signs should contain pictures, arrows, or other graphics, in addition to words, such that the intended message can reasonably be expected to be conveyed to people who cannot read.
7.
No person shall operate a petting zoo without providing a first aid kit for treatment of accidental biting, scratching, or other injury to the public. All animal bites and escapes must be reported pursuant to state and local law.
8.
Eating areas shall be separated from animal areas, and animals shall not be permitted in eating areas.
9.
No person operating a petting zoo shall allow contact between people and nonhuman primates, lions, tigers, ocelots, wolves/wolf-hybrids, bears, bats, raccoons, skunks, foxes, coyotes, and any other animal of a similar nature, that due to its strength, unpredictability, venom, or other pathogens it might carry, presents a risk of harm upon contact with people, including venomous or toxic insects, arachnids, amphibians, or reptiles.
10.
No person operating a petting zoo shall fail to maintain animals in a healthy environment, free of stress and overcrowding. Only healthy animals shall be displayed or permitted to have contact with the public.
11.
No person operating a petting zoo shall fail to cover animal areas with straw or an approved absorbent material. The animal area must be regularly sanitized in a manner approved by the Akron Health Department and cleaned of feces and other wastes at least once daily, unless the Director of Health directs that it be cleaned and sanitized more frequently.
12.
Any location used temporarily for a petting zoo must be cleaned and sanitized after the animals are removed and before the location returns to its normal usage.
13.
No person shall operate a petting zoo without a license obtained from the City of Akron License Clerk pursuant to § 111.621.
14.
Nothing in this section shall be construed to relieve a petting zoo operator from compliance with other applicable laws, such as those regulating zoning, buildings, or fire prevention.
C.
Exempted Exhibits.
"Petting Zoo" shall not include animal exhibits at hospitals which are used for the purpose of treatment, pet stores engaged in selling animals where the animal exhibit occurs on the premises of the pet store, and animal exhibits presented in the context of theatrical performances, educational demonstrations or religious ceremonies.
D.
Notice and Order to Remedy.
1.
When the Director of Health, after inspection of the Petting Zoo, is satisfied that the premises are improperly constructed or liable, from overcrowding or filth, to become infected with infectious, pestilential, or dangerous disease, do not conform to the requirements of this section, or have other conditions that constitute a nuisance or health hazard, the Director shall serve a written notice to the owner, agent, lessee, occupant, operator, or other person in charge of the premises, to correct or remove the nuisance or objection therein named, or otherwise correct the condition. The notice and order shall be served on the person personally, or by certified mail and regular mail to the person's residence, regular place of business or last known address, or posted at the premises in a conspicuous place.
2.
Whenever the Director of Health finds that an emergency exists which requires immediate action to protect the public health, he may, without notice or hearing, issue an order stating the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. The order shall be effective immediately. Any person to whom the order is directed shall comply therewith immediately, but, on petition to the Director of Health, shall be afforded a hearing as soon as possible. After the hearing, depending on his finding as to whether or not the emergency condition has been abated, the Director of Health shall continue the order in effect or modify or revoke it.
(Ord. 446-2006, § 1)