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Animal Control >City Ordinances for Animals > |
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City Ordinances for Animals CHAPTER 618 Animals 618.01 Dogs and other animals running at large. CROSS REFERENCES See section histories for similar State law ______________________________________________________________________________ 618.01 DOGS AND OTHER ANIMALS RUNNING AT LARGE. (a) No person who is the owner or keeper of horses, mules, cattle, sheep, goats, swine, dogs, geese or other fowl or animals shall permit them to run at large upon any public way or upon unenclosed land. (ORC 951.02) (b) No owner, keeper or harborer of any female dog shall permit such dog to go beyond the premises of such owner or keeper at any time such dog is in heat, unless such dog is properly in leash. The owner or keeper of every dog shall at all times keep such dog either confined upon the premises of the owner or keeper, or under reasonable control of some person. (ORC 955.22) (c) The running at large of any such animal in or upon any of the places mentioned in this section is prima-facie evidence that it is running at large in violation of this section. (ORC 951.02) (d) Whoever violates subsection (a) hereof is guilty of a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02. (ORC 951.99) (e) Whoever violates subsection (b) hereof shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for a first offense. For each subsequent offense, such person shall be fined not less than seventy-five dollars ($75.00) nor more than two hundred fifty dollars ($250.00) and may be imprisoned for not more than thirty days. (ORC 955.99(D)) 618.02 ABANDONING ANIMALS. (a) No owner or keeper of a dog, cat or other domestic animal shall abandon such animal. (ORC 959.01.) (b) Whoever violates this section is guilty of a minor misdemeanor. Punishment shall be as provided in Section 698.02. (ORC 959.99 (A).) 618.03 HARMING OR OBSTRUCTING ANIMALS USED IN LAW ENFORCEMENT. (a) No person, without privilege to do so, shall taunt, torment, tease, beat, strike, torture, mutilate, injure or kill any animal while it is being used in the performance of law enforcement functions or duties of any public agency or official. (b) No person, without privilege to do so, and with purpose to prevent, obstruct, or delay the performance of law enforcement duties of a public agency or official, shall do any act which hinders, hampers, impedes, or interferes with any animal while it is being used in the performance of law enforcement functions or duties of any public agency or official. 618.04 POISONING ANIMALS. (a) No person shall maliciously, or willfully and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to any animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisoned food where it may be easily found and eaten by any of such animals, either upon his or her own lands or the lands of another. (ORC 959.03.) (b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02. (ORC 959.99(C).) 618.05 CRUELTY TO ANIMALS. (a) No person shall: (1) Torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during such confinement with a sufficient quantity of good wholesome food and water; (2) Impound or confine an animal without affording it, during such confinement, access to shelter from wind, rain, snow or excessive direct sunlight if it can reasonably be expected that the animal would otherwise become sick or in some other way suffer. This subsection (a)(2) does not apply to animals impounded or confined prior to slaughter. For the purpose of this section, "shelter" means a man-made enclosure, windbreak, sunshade or natural windbreak or sunshade that is developed from the earth's contour, tree development or vegetation; (3) Carry or convey an animal in a cruel or inhuman manner; (4) Keep animals other than cattle, poultry or fowl, swine, sheep or goats in an enclosure without wholesome exercise and change of air, nor feed cows on food that produces impure or unwholesome milk; (5) Detain livestock in railroad cars or compartments longer than twenty-eight hours after they are so placed without supplying them with necessary food, water and attention, nor permit such livestock to be so crowded as to overlie, crush, wound or kill each other. (b) Upon the written request of the owner or person in custody of any particular shipment of livestock, which written request shall be separate and apart from any printed bill of lading or other railroad form, the length of time in which such livestock may be detained in any cars or compartments without food, water and attention, may be extended to thirty-six hours without penalty therefor. This section does not prevent the dehorning of cattle. (ORC 959.13) (c) Whoever violates this section is guilty of a misdemeanor of the second degree. In addition, the court may order the offender to forfeit the animal or livestock and may provide for its disposition including, but not limited to, the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant to this subsection, the proceeds from the sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner. The balance of the proceeds from the sale, if any, shall be paid to the former owner of the animal. (ORC 959.99(D)) Punishment shall be as provided in Section 698.02. 618.06 SALE, DISPLAY, COLORING OR OFFERING OF LIVE ANIMALS. (a) No person shall offer to give any live animal as a prize or business inducement. (b) No person shall dye or otherwise color any rabbit or baby poultry, including, but not limited to, chicks and ducklings. No person shall sell, offer for sale, expose for sale, raffle or give away any rabbit or baby poultry which has been dyed or otherwise colored. No poultry younger than four weeks of age may be sold, given away or otherwise distributed to any person in lots of less than six. Stores, shops, vendors and others offering young poultry for sale or other distribution shall provide and operate brooders or other heating devices that may be necessary to maintain poultry in good health, and shall keep adequate food and water available to the poultry at all times. (c) Whoever violates this section is guilty of a minor misdemeanor. Punishment shall be as provided in Section 698.02. (Ord. 1995-190. Passed 10-16-95.) 618.07 BARKING OR HOWLING ANIMALS. 618.08 REGISTRATION OF DOGS REQUIRED. (a) No owner, keeper or harborer of a dog more than three months of age, nor owner of a dog kennel, shall fail to file an application for registration required by Ohio R.C. 955.01, nor shall he or she fail to pay the legal fee therefor. (ORC 955.21.) (b) Whoever violates this section shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for a first offense. For each subsequent offense, such person shall be fined not less than seventy-five dollars ($75.00) nor more than two hundred Fifty dollars ($250.00) and may be imprisoned for not more than thirty days. (ORC 955.99(D).) 618.09 HINDERING CAPTURE OF UNREGISTERED DOG. (b) Whoever violates this section is guilty of a minor misdemeanor. Punishment shall be as provided in Section 698.02. (ORC 955.99(A).) 618.10 UNLAWFUL TAGS. (a) No person shall own, keep or harbor a dog wearing a fictitious, altered or invalid registration tag or a registration tag not issued by the CountyAuditor in connection with the registration of such animal. (ORC 955.25.) (b) Whoever violates this section is guilty of a minor misdemeanor. Punishment shall be as provided in Section 698.02. (ORC 955.99 (A).) 618.11 RABIES QUARANTINE. (a) Whenever it is established that any animal has bitten any person, or shows any signs of having rabies, the owner or person having custody or possession of such animal or a duly designated member of the safety forces shall immediately cause such animal to be examined by a licensed veterinarian and, upon order of the Director of Public Safety, the Animal Warden and/or a police officer, shall quarantine such animal in premises or quarters as directed in such order for a period of ten days from the date of such order. At any time during the quarantine, the Director of Public Safety, the Chief of Police and/or the Animal Warden may order such animal to be examined for symptoms of rabies by a licensed veterinarian. All costs of quarantine and examination shall be borne by the owner or person having custody of such animal. (b) If the owner or person having custody or possession of such animal fails to have such animal examined or fails to comply with a quarantine order provided for in subsection (a) hereof within six hours after such order has been issued and served upon such owner or person having custody or possession, any police officer or the Animal Warden of the City may take such animal into custody and place the same in quarantine at the expense of the owner or person having custody or possession of such animal. (Ord. 1983-94. Passed 11-21-83.) (c) Whoever violates this section is guilty of a minor misdemeanor. Punishment shall be as provided in Section 698.02. 618.12 HUNTING OR TRAPPING PROHIBITED. (a) No person shall hunt or trap animals or fowl within the Municipality, except that law enforcement officers, health officials, persons possessing a nuisance trapping permit issued by the Division of Wildlife of the State of Ohio, and a resident using a live box trap trapping on property which he owns or permanently occupies may trap wildlife or animals constituting a nuisance. (b) A person holding a nuisance trapping permit issued by the Division of Wildlife of the State of Ohio shall: (1) Notify the Animal Control Officer or the Police Department of his name, the location and time of placement of each trap placed in the Municipality prior to setting any such trap; (2) Use a box trap or a trap approved by the Division of Wildlife of the State of Ohio; and (3) Release such animal outside the City limits within twenty-four hours of trapping or in accordance with State of Ohio, Division of Wildlife regulations. (c) Whoever violates any provision of this section is guilty of a minor misdemeanor. Punishment shall be as provided in Section 698.02. (Ord. 1992-175. Passed 11-2-92.) 618.13 NUISANCE CONDITIONS PROHIBITED. (a) No person shall keep or harbor any animal or fowl in the Municipality so as to create offensive odors or unsanitary conditions which are a menace to the health, comfort or safety of the public. (b) Any animal which, by barking, biting, howling or in any other way or manner, injures or disturbs the quiet of any person, or destroys or damages any lawn, tree, shrub, plant, building or other property, other than the property of the owner or person in charge or control of such animal, by scratching, digging, running, defecating, urinating or otherwise, is hereby declared to be a nuisance. No person, being the owner or in charge or control of any animal, shall permit such animal to be or create such nuisance. (c) No person, being the owner or in charge or control of any animal, shall continue to keep or harbor within the City any animal which is or creates a nuisance as described in subsection (b) hereof, unless such animal is confined or otherwise kept under such strict control as to abate the nuisance. (d) No person shall provide food for or feed any stray dog, cat or other wildlife, including but not limited to, birds, water fowl, raccoons, opossums, skunks, rabbits, deer, and coyotes so as to create an unsanitary condition; cause inconvenience, discomfort, or damage to another; or endanger the comfort, repose, health, or safety of others; or in any way render other persons insecure in life or in the use of their property. (e) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor on a first offense and of a misdemeanor of the fourth degree on each subsequent offense. Punishment shall be as provided in Section 698.02. 618.14 IMPOUNDING AND DISPOSITION; FEES. Any dog warden, police officer or person appointed by the Mayor shall have the authority to impound any dog which, by loud and frequent or habitual barking, howling or yelping causes annoyance or disturbance to the residents, and any dog found running at large in violation of Section 618.01. A dog so impounded, if licensed, shall be returned to his owner upon payment of ten dollars ($10.00) for picking up and impounding such dog, plus five dollars ($5.00) per day for keeping such dog. If such dog is not licensed, it shall be held three days, after which time it shall be delivered to the County Animal Warden or disposed of in a manner prescribed by the Service Director. (Ord. 1983-114. Passed 4-2-84.) 618.15 REPORTING ESCAPES. (a) The owner or keeper of any member of a species of the animal kingdom that escapes from his or her custody or control and that is not indigenous to this State or presents a risk of serious physical harm to persons or property, or both, shall, within one hour after he or she discovers or reasonably should have discovered the escape, report it to: (1) A law enforcement officer of the Municipality and the CountySheriff; and (2) The Clerk of the Municipality. (b) If the office of the Clerk of the Municipality is closed to the public at the time a report is required by subsection (a) hereof, then it is sufficient compliance with paragraph (a)(2) hereof if the owner or keeper makes the report within one hour after the office is next open to the public. (c) Whoever violates this section is guilty of a misdemeanor of the first degree. Punishment shall be as provided in Section 698.02. (ORC 2927.21.) 618.16 ANIMAL OWNER LIABLE FOR DAMAGE TO PUBLIC PROPERTY. 618.17 TRANSFER OF OWNERSHIP OR POSSESSION OF DOG; CLASSIFICATION AS DANGEROUS OR VICIOUS DOG; ADMINISTRATIVE HEARING; APPEAL. (a) As used in this section: (1) A. “Dangerous dog” means a dog that, without provocation, and subject to subsection 618.17(a)(1)B. of this section, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper, or harborer and not under the reasonable control of its owner, keeper, harborer, or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard, or other locked enclosure which has a top. (b) Classification as Dangerous or Vicious Dog; Administrative Hearing and Appeal. (c) No person, organization or corporation shall own, keep, harbor or provide sustenance for more than one vicious dog, regardless of age, in the City of Strongsville, with the exception of puppies belonging to a breed that is commonly known as a pit bull dog for which the owner has filed an ownership acknowledgment form in person with the City of Strongsville Animal Control Officer/Dog Warden, prior to reaching seven (7) days of age. The ownership of such puppies must be transferred to another party according to this Section 618.17 before the puppies are three (3) months of age. (d) Upon the transfer of ownership of any dog, the seller of the dog shall give the buyer a transfer of ownership certificate that shall be signed by the seller. The certificate shall contain the registration number of the dog, the name of the seller, and a brief description of the dog. Blank forms of the certificate may be obtained from the Cuyahoga County Auditor. A transfer of ownership shall be recorded by the Cuyahoga County Auditor upon presentation of a transfer of ownership certificate that is signed by the former owner of a dog and that is accompanied by a fee as required by the Cuyahoga County Auditor. (e) Prior to the transfer of ownership or possession of any dog, upon the buyer’s or other transferee’s request, the seller or other transferor of the dog shall give to the person a written notice relative to the behavior and propensities of the dog. (f) Within ten days after the transfer of ownership or possession of any dog, if the seller or other transferor of the dog has knowledge that the dog is a dangerous or vicious dog, he shall give to the buyer or other transferee, the Cuyahoga County Board of Health, and the Cuyahoga County and City of Strongsville dog wardens, a completed copy of a written form on which the seller shall furnish the following information: (g) No seller or other transferor of a dog shall fail to comply with the applicable requirements of subsections 618.17(c) to (f). (h) Whoever violates subsection 618.17(g) because of a failure to comply with subsection 618.17(d) is guilty of a minor misdemeanor. 618.18 CONFINEMENT OR RESTRAINT OF DOG; LIABILITY INSURANCE; DEBARKING OR SURGICALLY SILENCING DOG. (a) As used in this section, “dangerous dog” and “vicious dog” have the same meanings as set forth in Section 618.17. (b) Except when a dog is lawfully engaged in hunting and accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of any dog shall fail at any time to do the following: (c) Except when a dangerous or vicious dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of a dangerous or vicious dog shall fail to do the following: (d) No owner, keeper, or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this State and in proper form, providing coverage for each occurrence, subject to a limit, exclusive of interest and costs, of not less than one hundred thousand dollars ($100,000.00) because of damage or bodily injury to or death of a person caused by the vicious dog. (e) No person shall do any of the following: (f) Before a veterinarian debarks or surgically silences a dog, the veterinarian may give the owner of the dog a written waiver form that attests that the dog is not a vicious dog. The written wavier form shall include all of the following: (g) It is an affirmative defense to a charge of a violation of subsection 618.18(e) that the veterinarian who is charged with the violation obtained, prior to debarking or surgically silencing the dog, a written waiver form that complies with subsection 618.18(f) and that attests that the dog is not a vicious dog. (h) Whoever violates subsection 618.18(b) shall be fined not less than twenty-five dollars or more than one hundred dollars on a first offense, and on each subsequent offense shall be fined not less than seventy-five dollars or more than two hundred fifty dollars and may be imprisoned for not more than thirty days. (i) If a violation of subsection 618.18(c) involves a dangerous dog, whoever violates that subsection is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense. Additionally, the court may order the offender to personally supervise the dangerous dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both, and the court may order the offender to obtain liability insurance pursuant to subsection 618.18(d). The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the County dog warden, or the County humane society. A separate offense shall be deemed committed each day during or on which a violation of subsection 618.18(c) occurs or continues. (j) If a violation of subsection 618.18(c) involves a vicious dog, whoever violates that subsection is guilty of one of the following: (k) Whoever violates subsection 618.18(e)(1), (2), or (3) is guilty of a felony of the fourth degree. Additionally, the court shall order that the vicious dog be humanely destroyed by a licensed veterinarian, the County dog warden, or the County humane society. 618.19 VICIOUS ANIMALS. In addition to the penalties provided in this chapter, the Municipal Court may order the owner or person in possession of any animal which is determined by the Court to be vicious or a perennial or continued nuisance, or which constitutes a serious threat to the health and safety of the community, to forthwith remove such animal from the City. If such animal is not removed from the City in compliance with such order, the Court may order the Chief of Police to cause such animal to be impounded or destroyed. 618.20 DOGS WITH BLIND, DEAF OR MOBILITY IMPAIRED PERSONS. (a) When a blind, deaf or mobility impaired person is accompanied by a dog that serves as a guide, leader, listener or support dog for him or her, and he or she can show proof by certificate or other means that the dog leading him or her, listening for him or her or providing support or assistance for him or her, has been trained for that purpose by a nonprofit special agency engaged in such work, the person is entitled to the full and equal accommodations, advantages, facilities and privileges of all public conveyances, hotels, lodging places, all places of public accommodation, amusement or resort, and other places to which the general public is invited, and may take the dog into such conveyances and places, subject only to the conditions and limitations applicable to all persons not so accompanied, except that: (b) No person shall deprive a blind, deaf or mobility impaired person of any of the advantages, facilities or privileges provided in subsection (a) hereof nor charge the blind, deaf or mobility impaired person a fee or charge for the dog. (c) Whoever violates any provision of this section shall be guilty of a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02. 618.21 EXCEPTIONS. The provisions of this chapter do not prohibit the use of any trap, mechanical or electronic device, poison or other substance specifically designed and manufactured to kill, control or repel rats, mice or moles, by or with the consent of the owner or occupant of the property where any such device or substance is to be used, provided that each user complies with the manufacturer's instructions for use and places any such device or substance in a manner which will prevent potential harm that may be inflicted on people or other animals. 618.22 ASSAULTING POLICE DOG OR HORSE OR AN ASSISTANCE DOG. (a) No person shall knowingly cause, or attempt to cause, physical harm to a police dog or horse in either of the following circumstances: (b) No person shall recklessly do any of the following: (c) No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog in either of the following circumstances: (d) No person shall recklessly do any of the following: (e) (1) Whoever violates subsection (a) hereof is guilty of assaulting a police dog or horse. If the violation results in physical harm to the police dog or horse, assaulting a police dog or horse is a misdemeanor of the first degree. If the violation does not result in death, serious physical harm, or physical harm to the police dog or horse, assaulting a police dog or horse is a misdemeanor of the second degree. If the violation results in death or serious physical harm to the police dog or horse, such violation is a felony and shall be prosecuted under appropriate State law. (f) This section does not apply to a licensed veterinarian whose conduct is in accordance with Ohio R.C. Chapter 4741. (g) This section only applies to an offender who knows or should know at the time of the violation that the police dog or horse or assistance dog that is the subject of a violation under this section is a police dog or horse or assistance dog. (h) As used in this section: |
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