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618.13  NUISANCE CONDITIONS PROHIBITED.
   (a)   No person shall keep or harbor any animal or fowl within the Municipality so as to create noxious or offensive odors or unsanitary conditions which endanger the health, comfort or safety of any other person, or contribute to the damage of real or personal property of any other person.
   (b)   No person shall intentionally or recklessly provide food within the Municipality to any wild or feral animal so as to create noxious or offensive odors or unsanitary conditions, endanger the health, comfort or safety of any other person, or contribute to the damage of real or personal property of any other person.
   (c)   As used in division (b), "food" does not include:
      (1)   Growing plants, including, but not limited to shrubs, trees, flowers, grasses, fruits, grains, nuts, seeds and vegetables; or
      (2)   Mulch and/or compost, including mulch and/or compost consisting of grains, fruits, vegetable material or residue from lawns, gardens or fields; or
      (3)   Food dispensed from bird feeders; or
      (4)   Food authorized by City Council or the Mayor to be fed to wildlife on a temporary basis for a specific public purpose as determined by the City Council or the Mayor; or
      (5)   Incidental spills, including spills of seed materials from bird feeders or of materials intended for planting or of crop materials that have been harvested if the spills are incidental to the feeding of birds or normal agricultural operations and such materials are not intentionally made available to wild or feral animals (other than birds feeding at such bird feeders); or
      (6)   Food provided by any Health Department employee, law enforcement officer or State or Federal game official acting within the scope of his or her official duties; or
      (7)   Food provided pursuant to activities permitted by the Ohio Division of Wildlife hunting regulations when provided by an individual holding a valid State hunting license and in those areas where wildlife hunting is otherwise authorized by law.
   (d)   Whoever violates this section and fails to cure such violation within five business days after receipt of notice of violation from the Police Department shall be guilty of a minor misdemeanoron the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the third degree on the third or any subsequent offense.
(Ord. 78-2012.  Passed 6-11-12; Ord. 52-2019.  Passed 5-13-19.)