Reptile & Amphibian Forums

This is a section by section summary of the bill. I weeded out all the legal talk and simplified it as much as I could. Read it a few times before you respond with questions because all the answers are pretty plainly written in here...

Sect. 935.01 – What’s Included
"Dangerous wild animal" means any of the following, including hybrids unless otherwise specified:
(1) Hyenas;
(2) Gray wolves, excluding hybrids;
(3) Lions;
(4) Tigers;
(5) Jaguars;
(6) Leopards, including clouded leopards, Sunda clouded leopards, and snow leopards;
(7) All of the following, including hybrids with domestic cats:
(a) Cheetahs;
(b) Lynxes, including Canadian lynxes, Eurasian lynxes, and Iberian lynxes;
(c) Cougars, also known as pumas or mountain lions;
(d) Caracals;
(e) Servals.
(8) Bears;
(9) Elephants;
(10) Rhinoceroses;
(11) Hippopotamuses;
(12) Cape buffaloes;
(13) African wild dogs;
(14) Komodo dragons;
(15) Alligators;
(16) Crocodiles;
(17) Caimans, excluding dwarf caimans;
(18) Gharials;
(19) Nonhuman primates other than the nonhuman primates specified in division (C)(20) of this section;
(20) All of the following nonhuman primates:
(a) Golden lion, black-faced lion, golden-rumped lion, cotton-top, emperor, saddlebacked, black-mantled, and Geoffroy's tamarins;
(b) Pygmy, white-tufted-ear, silvery, and black-pencilled marmosets;
(c) Squirrel monkeys, including Central American squirrel monkeys;
(d) Southern and northern night monkeys;
(e) Dusky titi and masked titi monkeys;
(f) Muriquis;
(g) Goeldi's monkeys;
(h) Brown, white-faced, weeping, and white-fronted capuchins;
(i) White-faced, black-bearded, white-nose bearded, and monk sakis;
(j) Bald and black uakaris;
(k) Black-handed, white-bellied, brown-headed, and black spider monkeys;
(l) Common woolly monkeys;
(m) Red, black, and mantled howler monkeys.
(21) Any other animals designated by the director of agriculture in rules.
(D) "Federal animal welfare act" has the same meaning as in section 959.131 of the Revised Code.
(E) "Felony drug abuse offense" has the same meaning as in section 2925.01 of the Revised Code.
(F) "Health district" means a city or general health district created by or under the authority of Chapter 3709. of the Revised Code.
(G) "Humane society" means an organization that is organized under section 1717.05 of the Revised Code.
(H) "Law enforcement officer" means a sheriff, deputy sheriff, constable, police officer of a township or joint police district, marshal, deputy marshal, municipal police officer, or state highway patrol trooper.
(I) "Natural resources law enforcement officers" means peace officers as specified in division (A)(6) of section 109.71 of the Revised Code and employees of the division of wildlife specified in sections 1531.13 and 1531.14 of the Revised Code.
(J) "Offense of violence" has the same meaning as in section 2901.01 of the Revised Code.
(K) "Restricted snake" means any of the following:
(1) All of the following constricting snakes:
(a) Green anacondas;
(b) Yellow anacondas;
(c) Reticulated pythons;
(d) Indian pythons;
(e) Burmese pythons;
(f) North African rock pythons;
(g) South African rock pythons;
(h) Amethystine pythons;
(i) Boa constrictors.
(2) Species of the following families:
(a) Atractaspididae;
(b) Elapidae;
(c) Viperidae.
(3) Boomslang snakes;
(4) Twig snakes;
(5) Any other snakes designated by the director in rules.

The list is basically setup up in 3 groups: Dangerous Wild Animals, Restricted Constricting Snakes, and Restricted Venomous Snakes
elony.

Sect 935.02 - Effective Date: January 1, 2014
Sect 935.03 - Certain groups are excluded including zoos, vets, research facilities, approved shelters, etc…
Sect 935.04 - Animals listed in Dangerous Wild Animal must be registered (each animal) and microchipped (this does not include Restricted Snakes)
Sect 935.05 - To keep (but NOT breed/sell) animals from the Dangerous Wild Animal group, you must apply for an annual “wildlife shelter permit”.
Annual fee for 3 or fewer animals = $500, 4-15 animals = $1000, 16 animals = $2000
Liability Insurance for 5 or fewer animals = $250k, 6-15 animals = $500k, 16 animals = $1million
Sect 935.06 - Director of Agriculture issues permits and has 90 days to approve/deny your application
Sect 935.07 - To keep and BREED animals from Dangerous Wild Animal list…
Annual fee for fewer than 50 animals = $1k, 51 animals = $3k
CANNOT sell, just breed for purposes of “species survival program”
Sect 935.08 – To keep (but NOT breed/sell) animals listed on Restricted Snake list you must apply for an annual Restricted Species Possession Permit
Only 1 permit required, regardless of number of snakes (although the permit will require you to list what you have)
2 yrs of experience OR pass written exam on care/safety for Venomous snakes
Escape plan (submitted to county sheriff AND local law enforcement)
Proof of vet/client relationship for each restricted snake (not clear if this is for every individual snake or just each type)
Annual fee for fewer than 3 snakes = $100, 4-15 snakes = $300, 16 snakes = $500
Liability insurance for fewer than 5 snakes = $100k, 6-15 snakes = $250k, 16 snakes = $500k
If you ONLY have boas, liability insurance is as follows: 5 or fewer animals = $5k, 6-15 animals = $10k, 16 animals = $15k
Sect 935.09 - Director of Agriculture responsible for permits, will perform criminal records check for felony drug abuse or violent felonies OR convicted of animal abuse OR the failure to report the escape of a non-native and/or dang

Sect 935.09 -Director of Agriculture responsible for permits, will perform criminal records check for felony drug abuse or violent felonies OR convicted of animal abuse OR the failure to report the escape of a non-native and/or dangerous animal
If person dies, same responsibilities passed on to next of kin (with option to transfer ownership to someone else)
Sect 935.10 - To keep AND breed/sell Restricted Snakes you must obtain a Restricted Snake Propagation Permit by 1/1/2014
Annual fee for 3 or fewer snakes = $200, for 4-15 snakes = $600, for 16 snakes = $1k
Sect 935.11 - If you have Dangerous Wild Animals AND Restricted Snakes, you must apply for both applicable permits
Sect 935.12 - For Dangerous Wild Animals there are certain caging/care requirements that I won’t get into here because they don’t apply to the Restricted Snakes.
For Restricted Snakes, caging requirements must adhere to the Zoological Association of America standards:

“In addition to requirements of this section, each enclosure shall be provided with an environment or devices that allow for temperature regulation necessary to insure the well-being of the species. The environment or devices shall be non-injurious, and may include, but are not limited to hot rocks, artificial lights, natural sunlight and heat strips. Each enclosure shall be provided with a non-injurious substrate such as newspaper, processed wood shavings, rocks, sand or indoor-outdoor carpet. Such substrate shall be disposed of or sanitized at intervals sufficient to insure the health of the animal(s).

Enclosure sizes for all snakes and glass lizards shall be based upon the length of the longest specimen in the enclosure.

For up to two specimens, a cage or enclosure having a perimeter equal to the length of the longest specimen, the width of the cage shall not be less than 20 percent of the length of the longest specimen. The width of the enclosure shall not be required to exceed 3 feet. For each additional specimen, increase perimeter by 10 percent.”
These are pretty reasonable and a vast majority of us already (unknowingly) meet or exceed these guidelines.
Sect 935.13,14 - Director of Agriculture can revoke permits for violations and maintain a database of permit holders/animals
Sect 935.15 - Keeper must maintain records for EACH animal including: scientific/common name, name/address of person obtained from, date acquired, date of birth if the snake was produced by you, name/address of who you sold animal to, date of death/escape if applicable, microchip ID number (microchips do NOT apply to snakes)
Sect 935.16 - Must notify law enforcement and Dept of Agriculture if animal escapes.
Animal can be killed if it is a danger to public and owner is responsible for any resulting costs
Sect 935.17 - More care standards for animals on Dangerous Wild Animals list and guidelines for “experience exam” for Dangerous Wild Animals and/or Venomous Snakes
Sect 935.18 - All non-venomous animals from Restricted Snakes list are OK to sell at shows/auctions
There is a portion of this section that requires “warning signs” on doors/properties/cars containing any of the restricted animals, but it is not clear whether that applies to the Restricted Snakes or not.
Sect 935.19 - Inspections are allowed ONLY with permission from owner. Without permission, inspectors/law-enforcement must obtain a warrant.
Sect 935.20 - Investigations can only take place if Director of Agriculture has reason to believe the law is violated (still requires warrant). If violations are found, animal can be confiscated and charges filed. There is a process to challenge these findings.

Sect 935.21 - Law Enforcement representative can accompany inspector (again, unless there is a warrant, they need permission to inspect)
Sect 935.22 - Govt. employee (inspector) not liable for civil damages if you decide to file civil suit.
Sect 935.23 - For venomous snakes, you must have anti-venom ON HAND and are liable for any bites.
Sect 935.24 - Both civil and criminal penalties for violations of the laws
Sect 935.25 - Dangerous/Restricted Animal Fund created using permit fees to fund the process
Sect 935.26 - Advisory Board created to review current/proposed laws and care standards (several members of the public will be included on this board, see bill for details)
Sect 935.99 – If you violate the section requiring warning signs, first violation is 1st degree misdemeanor, subsequent violations is 5th degree felony. Intentional release automatically constitutes a 5th degree felony.

If I remember correctly, for antivenoms produced outside of the USA (since it is considered experimental), unless you are a doctor who has agreed to administer the antivenom, you cannot obtain the import permits for it. It has to be held by a doctor or hospital that is willing to adminster it in the case of a bite.

Ed