Ohio Exotic Animal Laws
The legal framework governing exotic pets in Ohio is designed to manage and regulate the trade, ownership, and care of non-domesticated animals. The laws governing the possession of exotic pets are found in the Ohio Revised Code (ORC), a collection of statutes passed by the Ohio General Assembly. The section most relevant to the ownership and regulation of exotic pets is ORC Title 9, Chapter 935, titled "Wild Animals": Division 1.
Ohio Revised Code Section § 935.012 defines wild animals as any animal that is not domesticated, including, but not limited to, the following:
- Members of the order Carnivora commonly known as "carnivores" – for example, bear, hyena, leopard, mountain lion, lynx, fox, and coyote;
- Members of the order Artiodactyla commonly known as "even-toed hooved mammals" – for example, deer, antelope, giraffe, bison, boar, hippopotamus, okapi;
- Members of the order Perissodactyla commonly known as "odd-toed hooved mammals" – for example, tapir and rhinoceros;
- Members of the order Lagomorpha commonly known as "lagomorphs" – for example, rabbit, hare, and pika;
- Members of the order Rodentia commonly known as "rodents" – for example, porcupine, chinchilla, hamster, guinea pig, mouse, rat, lemming, squirrel, gopher, beaver;
- Members of the order Insectivora commonly known as "insectivores" – for example, mole, shrew, aardvark;
- Members of the family Dermochelyidae, commonly known as "sea turtles";
- Members of the family Testudinae commonly known as "tortoises"; and
- Members of the family Trionychidae commonly known as "soft-shelled turtles".
The definitions above are not exhaustive, and there are many species of animals that fall within the taxonomic groups listed. However, not every species that is a member of these groups is included under Ohio law. For example, wolverines are members of the family Mustelidae, commonly known as "weasels" or "mustelids". Mustelids, as a family, are not restricted in Ohio law. However, wolverines are unlawful to possess except as a certified zoo or aquarium may possess described at Ohio Revised Code § 935.02(A) and may be euthanized upon lawful capture pursuant to Ohio Revised Code § 935.021(B)(5). Similarly, Ohio Underpass Rate § 935.01(A)(1)(b) regulations shockingly include armadillo as a type of "non-traditional pet". But a classification does not make the wanton killing of an animal carrying a potentially fatal and incurable disease any less senseless.
The language of Ohio Revised Code Title 9, Chapter 935, also includes the intergenerational reincarnation of the former Department of Agriculture’s "wild animal and game breeder’s license" as an "exotic wildlife breeding facility license", as defined at Ohio Rev. Code § 935.01(M)(1), pursuant to existing licensure requirements and regulations at Ohio Rev. Code § 935 . 02(C):
A license issued under this chapter and this section to a facility is valid for the purpose of qualifying to receive or transfer from, add to, or reduce from the possession of the facility for any exotic or red lion fish that is recognized by the aquatic Nuisance species task force of the United States Fish and Wildlife Service or the Great Lakes fishery Commission are listed in the administrative code promulgated by the Division of Wildlife in accordance with section 3721.321 of the Revised Code, as prescribed by the Division of Wildlife.
Possession of an exotic or red lion fish for which a permit is not required under this section is regulated by the division of wildlife and division of parks and watercraft.
The licensure of such facilities is based on registration of the facility with the U.S. Federal Government, by means of registration with the United States Animal and Plant Health Inspection Service (USDA/ APHIS) Species/Variety classification, and is subject to compliance with the Animal Welfare Act regulations established by USDA/ APHIS, addressed at Code of Federal Regulations Title 9, Chapter 1, Sub Chap. A.
Other aspects of exotic pet laws in Ohio require licensure by, and transfer of possession to, the Ohio Department of Natural Resources (ODNR). Ohio Department of Natural Resources Division of Wildlife regulations define prohibited species, pursuant to the Public Resources Commission’s "List of Restricted Animals in Ohio for 2010", as those species native to Ohio that pose an ecological threat to existing flora and fauna of the state, including the following species:
Preventing the release of species identified above into the Ohio ecosystem will go a long way toward protecting the state’s indigenous flora and fauna.
In addition, the Ohio Department of Agriculture identifies prohibited species of birds, pursuant to Ohio Revised Code Title 9, Chapter 935, pursuant to its "Prohibited and Restricted Species in Ohio Rule" (Ohio Rev. Code § 935.01(B)):
The legality of possession of an exotic pet in Ohio depends largely on which group the pet is classified in and what government entity administers the owner’s facility license. The Ohio Revised Code requires that a licensed facility have an approved acquisition and disposition (A&D) plan, implemented as an FDA-compliant Standard Operating Plan (SOP). Individual ownership of exotic pets is prohibited in Ohio. Ohio Revised Code Title 9, Chapter 935, Section 904, prohibits a person or entity that owns, has possession of, or has custody or control of any wild animal, or is otherwise regulated by Ohio Revised Code Title 9, Chapter 935, from transferring possession of the animal, except in accordance with the regulations prescribed by the Ohio Division of Wildlife and the Ohio county wildlife officer.
Regulations are subject to change without notice, so it is advised that one consults the provisions of the Ohio Revised Code Title 9, Chapter 935, and the Ohio Administrative Code Titles 1501 and 901, prior to acquiring a new exotic pet or moving a currently possessed exotic pet.
Legal Exotic Animals in Ohio
Exotic pets that are permissible to keep in Ohio are fairly broad. Generally speaking, if an animal is not considered native to Ohio or other surrounding states, such as a dog, a cat, mouse, beaver, or raccoon, it may very well be permitted.
A list of animals that are expressly permitted in Ohio are as follows:
- Red-eared sliders (Note: it is illegal to release any species of slider into the waters of Ohio)
- Snapping turtle
- Soft shell turtles (such as desert tortoise and gopher tortoises. Note: It is illegal to release any species of soft shell turtles including desert tortoise and gopher tortoises into the waters of Ohio)
- Common snapping turtles
- Alligators
- Crocodiles
- Snakes
- Monitor Lizard (Examples of monitor lizards would include the Nile Monitor, Savannah Monitor, the Shedding Monitor, White-throat Monitor, Blue Spotted Monitor, Gold Tipped Monitors, the Black Headed Monitor, Green Tree Monitors, etc. Note: Monitor lizards carry salmonella and can be dangerous to people)
- Blue Iguana
- Green Iguana
- Lizards
- Tortoises
- Frogs
- Toads
- Cane Toads
- Salamanders
- Newts
- Gila Monsters
- Heloderma
- One-Humped and Two-Humped Camels
- Bactrian Camel
- Dromedaries
- Domestic Fowl
- Ostrich
- Emus
- Peahens (females of peacocks)
Exotic Pet Permits and Licenses
Permits and Licensing for Legal Exotic Pets
Depending on the type of exotic pet you wish to acquire, you may be required to obtain permits or licenses from the authorities. The Ohio Division of Wildlife manages the permitting process for many species. Some reptiles, amphibians and fish do not require a permit, unless you are exporting them out of Ohio.
In general, you will need to apply for permits and licenses to keep, possess or breed the following: Cervids (North American Deer unless originally from the wild), Primates (and other animals that may be dangerous to humans), members of the family Canidae (dogs, wolves, coyotes), members of the family Felidae (big cats, lions, tigers, cougars, bobcats, clouded leopards, snow leopards), and members of the family Ursidae (bears).
You also need a certificate of registration for any species live at the time of captivity, control, possession, sale, transfer, export or injection of persons as of July 1, 2014 by an owner of a non-domesticated cat, bear, primate, or canines with a body weight of four hundred (400) pounds or more in captive conditions.
If you currently own an animal on the Ohio list of restricted species, you must register them through the Division of Wildlife (usually starting in February or March). You must renew that registration on an annual basis. As of September 2014, there were 18,000 valid registrations throughout Ohio.
Some cities and counties may have stricter regulations. For instance, in Franklin County, New Albany prohibits keeping of any coyotes, foxes, wolves, lemurs or monkeys. In Columbus, all species of monkeys is prohibited.
The fees vary widely by jurisdiction, but can be $10 to over $500. The locality you are in and the type of animal will make all the difference. The application process is usually straight-forward and similar everywhere. Generally, you fill out a form stating your intention to acquire an exotic animal, along with such details as the animal’s species, purpose, and location where it will be kept: indoor, outdoor or both.
You may also be forced to supply your social security number on certain applications and pay with cash, check or money order for the fees that accompany this process.
Exotic Pet Owner Law
Guidelines and regulations governing the care of exotic pets in the state of Ohio undeniably exist and apply to all exotic pet owners. The level of legal protection and statewide guidelines available for exotic pets and pet owner safety, however, varies. Ownership of an exotic pet presents unique legal responsibilities that each exotic pet owner must take into account as part of their legal ownership duties.
Legal Exotic Pet Care Guidelines. All exotic pet owners in the state of Ohio are legally obligated to provide and carry out a certain standard of care for their exotic pet(s). The Ohio Revised Code Section 951.02 establishes certain common sense care and treatment guidelines for the protection of all legal exotic pets. According to this code section, an exotic pet owner violates the law when he or she:
Housing Requirements. During the course of any course of legal exotic pet ownership , Ohio regulations require pet owners to ensure that their exotic pet(s) have "suitable food, water, shelter and other care which are required for their well-being." At a minimum, an exotic pet owner must follow all of the guidelines established in Ohio Revised Code Section 951.02.
Veterinary Requirements. Ohio law also contains legal prohibitions specifically applicable to the veterinary treatment of exotic pets. An exotic pet owner violates the law when he or she:
Roadside Zoos and Sanctuaries. Ohio law also contains specific requirements for homeowners who run roadside zoos and sanctuaries. For pet owners who run such facilities, legal guidelines require working with a veterinarian to develop, maintain, and adhere to a written cooperative plan for the care and treatment of all exotic pets within the facility.
Penalties for Illegal Exotic Pet Owners
Owning an exotic pet can result in serious consequences if you do not abide by state laws. In Ohio, if a resident is found to be in possession of an illegal exotic animal, they may be subject to a fine or even criminal charges. Additionally, they may be required to surrender their pet to authorities. Failure to do so can result in an animal cruelty charge.
While there are no specific criminal penalties in Ohio for unlawful exotic pet ownership, several counties and municipalities do enforce penalties and fines to those who fail to comply with Ohio’s laws. Since the penalties and fines vary in each county and municipality, it is advisable to speak with an attorney if you are facing an illegal exotic animal possession charge.
The Ohio Department of Agriculture (ODA) is responsible for administering permits and capturing exotic pets. The legal process to confiscate an exotic animal usually involves securing a court order.
Exotic Pet Owner Resource Guide
Resources for Exotic Pet Owners in Ohio
In addition to understanding the laws related to exotic pets, it is also important for owners to know where to turn for advice or assistance. Although there are limited numbers of agencies directly involved with exotic pets in Ohio, we’ve compiled a short list of organizations and resources that can help exotic pet owners:
Vets For Pets is an animal clinic that specializes in exotic pets and wildlife rehabilitation. They offer standard and emergency vet services for a variety of animals including birds, reptiles, amphibians, small mammals and some fish. The organization serves Wayne County, so if you run into any medical issues related to your exotic pet or are just seeking information, they are an excellent resource.
The Association of Zoos & Aquariums is an international organization that has accredited zoos, aquariums and other wildlife facilities in multiple countries. Their mission is to educate and concern the public about dangerous exotic animals, and to help communities implement safeguards against these animals. The AZA provides resources for both residents and government officials that are working to improve street-smarts about the threat of big cats and other dangerous species .
The American Society for the Prevention of Cruelty to Animals is a nationwide nonprofit that has many educational resources for pet owners. If you are considering purchasing an exotic pet, their "How to Choose an Exotic Pet" article has some great tips and considerations. The ASPCA also has a variety of online educational resources for animal care and safety, as well as financial aid programs to assist low-income households struggling to care for their pets.
The Humane Society of the United States is another nationwide nonprofit that offers educational resources for animal care and safety, such as their article "How To Care For An Exotic Pet" which covers considerations for both aquatic and terrestrial animals. HSUS also runs a National Wildlife Property Repository for the purpose of aiding law enforcement in the prevention of endangered species markets and education about the impacts of the illegal wildlife trade. In Ohio, the HSUS provides information on how residents can contact state and local officials with concerns about pet stores. See the HSUS’s Ohio webpage for details.