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(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 County Auditor in connection with the registration of that animal.
(R.C. § 955.25)
(b) Whoever violates this section is guilty of a minor misdemeanor.
(R.C. § 955.99(B))
(Prior Code, § 618.10)
(a) No person having knowledge of the existence of rabies in an animal, or knowledge that an animal has exhibited symptoms or behavior suggestive of rabies, or knowledge that an animal has bitten any person, shall fail to immediately report that information to the Mayor or the Police Chief.
(b) Whenever it is established by the Mayor or Police Chief that any animal has bitten any person or exhibits symptoms or behavior suggestive of rabies, the person who owns, harbors or otherwise cares for the animal shall confine it in close quarantine and isolation or shall place the animal in the establishment of a veterinarian until, in either case, it is determined by the County Board of Health that the animal is not afflicted with rabies. The isolation and quarantine period hereby required shall be not less than ten days from the date the person was bitten. If the animal has, or develops, any symptoms suspicious of rabies during the ten-day period, the County Board of Health shall be notified immediately. All expenses incurred for the keeping of the animal, or the necessary tests to determine whether rabies exists, shall be borne exclusively by the person who owns, harbors or otherwise cares for the animal.
(c) Whoever violates this section is guilty of a minor misdemeanor.
(Prior Code, § 618.11)
(a) Except as provided in divisions (f) and (g) of this section, no person shall hunt with firearms or other weapons within the city, except for the taking of white-tailed deer with the use of archery equipment that is legal as described in O.A.C. 1501:31-15-11 and in accordance with the terms, requirements, restrictions and conditions of a municipal deer control permit on:
(1) Property not owned or managed by the city during Ohio’s deer hunting seasons only after the following:
A. An application for a municipal deer control permit has been submitted to the Police Chief during a designated application period containing:
1. A map, with boundaries outlined on the map, of the property or properties (collectively, the “subject property”) on which the applicant(s) wishes to take deer and the approximate location(s) on the subject property where the shooter(s) will be stationed;
2. The County Auditor’s parcel numbers of the subject property and total acreage;
3. Signatures of all owners of the subject property;
4. A list of the names, current residence addresses and ages of all shooters that are applying to shoot on the subject property;
5. Verification that each shooter identified in the application has a current Ohio hunting license; and
6. Verification that each shooter identified in the application has satisfactorily completed the Ohio hunter education course.
B. The Police Chief or his or her designee has issued a municipal deer control permit to the applicant(s) after visiting the subject property and determining that shooting with archery equipment can be safely conducted on the subject property and approving the shooters identified in the application, taking into account the following factors:
1. Proximity of the proposed shooting locations to structures adjacent to the subject property; and
2. Characteristics of the subject property and neighboring properties.
(2) Property owned or managed by the city (the “subject city property”) during Ohio’s deer hunting seasons only after the following:
A. An application for a municipal deer control permit to take deer on the subject city property has been submitted to the Police Chief during a designated application period containing:
1. A list of the names, current residence addresses and ages of all shooters that are applying to take deer on the subject city property;
2. Verification that each shooter identified in the application has a current Ohio hunting license; and
3. Verification that each shooter identified in the application has satisfactorily completed the Ohio hunter education course.
B. The Police Chief or his or her designee has issued a municipal deer control permit to the applicant(s) after visiting the subject property and determining that shooting with archery equipment can be safely conducted on the subject property and approving the shooters identified in the application, taking into account the following factors:
1. Proximity of the proposed shooting locations to structures adjacent to the subject property; and
2. Characteristics of the subject property and neighboring properties.
(3) Property not owned or managed by the city for which a deer damage control permit (ODNR 9003) from the Ohio Division of Wildlife has been issued (the “control property”) only after the following:
A. Not later than 15 days after the owner(s) of the control property has received a deer damage control permit from the Ohio Division of Wildlife, an application by the owner of the control property for a municipal deer control permit to shoot on the control property has been submitted to the Police Chief containing:
1. A map, with boundaries outlined on the map, of the control property and the approximate location(s) on the control property where the shooter(s) will be stationed;
2. The County Auditor’s parcel numbers of the control property and total acreage;
3. A list of the names, current residence addresses and ages of all shooters that will be permitted to take deer on the control property;
4. A copy of the deer damage control permit issued by the Ohio Division of Wildlife;
5. Verification that each shooter identified in the application has a current Ohio hunting license; and
6. Verification that each shooter identified in the application has satisfactorily completed the Ohio hunter education course.
B. The Police Chief or his or her designee has issued a municipal deer control permit to the applicant after visiting the control property and determining that shooting with archery equipment can be safely conducted on the control property and approving the shooters identified in the application, taking into account the following factors:
1. Proximity of the proposed shooting locations to structures adjacent to the control property; and
2. Characteristics of the control property and neighboring properties.
(4) Property owned or managed by the city for which a deer damage control permit from the Ohio Division of Wildlife has been issued (the “control city property”) only after the following:
A. An application for a municipal deer control permit to take deer on the control city property has been submitted to the Police Chief containing:
1. A list of the names, current residence addresses and ages of all shooters that are applying to take deer on the control city property;
2. Verification that each shooter identified in the application has a current Ohio hunting license; and
3. Verification that each shooter identified in the application has satisfactorily completed the Ohio hunter education program.
B. The Police Chief or his or her designee has issued a municipal deer control permit to the applicant(s) after determining that shooting with archery equipment can be safely conducted on the control city property and approving the shooters identified in the application, taking into account the following factors:
1. Proximity to structures adjacent to the control city property; and
2. Characteristics of the control city property and neighboring properties.
(b) A municipal deer control permit may be denied if:
(1) Any of the applicants has violated any provision of this section on any prior occasion;
(2) The application is incomplete; or
(3) False information has been provided on the application.
(c) The Police Chief or his or her designee may attach to a municipal deer control permit any terms, requirements, restrictions or conditions that the Police Chief or his or her designee may deem appropriate for the protection of the public or neighboring properties.
(d) Shooting may only be conducted from a fixed elevated position at least ten feet off the ground, unless the Police Chief or his or her designee waives such requirement.
(e) Prior to the issuance of a municipal deer control permit, the Police Chief or his or her designee shall personally notify or notify by ordinary mail the occupants of properties that share a common boundary with any portion of the subject property, subject city property, control property or control city property, as the case may be, that an application for a municipal deer control permit for use on such subject property, subject city property, control property or control city property has been received, unless the Police Chief or his or her designee, in his or her discretion determines that such notification is unnecessary or impractical. The failure of the Police Chief or his or her designee to provide such notification shall not invalidate a municipal deer control permit.
(f) Except as otherwise provided by and excepting white-tailed deer, taking by the use of traps shall not be prohibited.
(g) The city may utilize sharpshooters with firearms to cull white-tailed deer: (i) on property owned or managed by the city, (ii) with the consent of the co-owners or co-managers, on property co-owned or co-managed by the city, or, (iii) with the consent of the owners, on unimproved property (other than property owned or managed by the Lorain County Metropolitan Park District or its Board of Commissioners) that is contiguous at all points along its boundaries with: (A) property owned or managed by the Lorain County Metropolitan Park District or its Board of Commissioners, (B) property owned or managed by the city (including improved and unimproved streets), (C) property the owners of which have given their consent for sharpshooters to cull deer on their property in accordance with this division, or (D) a combination of properties described in the foregoing clauses (A), (B) or (C), provided that:
(1) The Police Chief or his or her designee has determined that such sharpshooting can be safely conducted on such property;
(2) Such sharpshooters are obtained through a federal or state agency; and
(3) Such culling has been approved by the Ohio Department of Natural Resources, Division of Wildlife.
(h) No person may, for the purpose of hindering or preventing the lawful culling of white-tailed deer pursuant to division (g) of this section engage in any of the following conduct:
(1) Block, obstruct, impede or attempt to block, obstruct or impede a person lawfully engaged in such culling;
(2) Erect a barrier with the intent to deny ingress or egress from the areas where such culling is lawfully being conducted;
(3) Make or attempt to make unauthorized physical contact with or in any way interfere with a person lawfully engaged in such culling; or
(4) Make or attempt to make loud noises or gestures, set out or attempt to set out animal baits, scents, lures or human scent, use any other natural or artificial visual, aural, olfactory or physical stimuli, or engage in or attempt to engage in any other similar action or activity in order to interfere with such culling.
(i) Whoever violates this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in § 698.02.
(Prior Code, § 618.12) (Ord. 4-2013, passed 1-14-2013; Ord. 104-2014, passed 7-14-2014; Ord. 28-2015, passed 3-9-2015; Ord. 136-2015, passed 10-26-2015)
(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;
(2) Mulch and/or compost, including mulch and/or compost consisting of grains, fruits, vegetable material or residue from lawns, gardens or fields;
(3) Food dispensed from bird feeders;
(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;
(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);
(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 misdemeanor on 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.
(Prior Code, § 618.13) (Ord. 78-2012, passed 6-11-2012; Ord. 52-2019, passed 5-13-2019)
(a) A police officer or animal warden may impound every dog or other animal found in violation of § 618.01. If the impounded dog is not wearing a valid registration tag, the dog shall forthwith be turned over to an officer charged by law with the custody and disposal of such dogs. If the dog is wearing a valid registration tag or the identity of the owner or harborer is otherwise established, notice shall immediately be given to the owner or harborer that the dog has been impounded. Notice may be by telephone or by ordinary mail to the last known address of the owner or harborer. The dog shall not be released except upon the payment of reasonable expenses for its taking and keeping. Any dog not redeemed within three days of the time it is seized or impounded may be sold or otherwise disposed of as provided by R.C. § 955.16.
(b) A record of all dogs impounded, the disposition of the same, the owner’s name and address, if known, and a statement of any costs or receipts involving the dog shall be kept.
(Prior Code, § 618.14)
(a) The definitions and provisions as set forth in R.C. § 955.11 shall apply inside the city, with the exception of R.C. § 955.11(D), which shall be construed to include vicious dogs in addition to dangerous dogs.
(b) Notwithstanding the foregoing, “without provocation” in §§ 618.17 and 618.19 shall mean that a dog was not teased by a person or animal, tormented by a person or animal, or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(Prior Code, § 618.17) (Ord. 126-2015, passed 10-13-2015)
(b) The Police Chief shall have authority to determine whether a dog is a nuisance dog, dangerous dog or vicious dog. This determination may be based upon an investigation that includes observation of and testimony about the dog’s behavior, including the dog’s upbringing and the owner’s or keeper’s control of the dog, and other relevant evidence as determined by the Police Chief. These observations and testimony can be provided by any witness who personally observed the behavior. Such witness shall sign a written statement attesting to the observed behavior and agree to provide testimony regarding the dog’s behavior. Forms for providing witness testimony shall be made available at the Police Department.
(c) Upon reasonable determination by the Police Chief that a dog is a nuisance dog, dangerous dog or vicious dog, the Police Chief shall give the dog’s owner or keeper written notice by certified mail or personal service. The notice shall state:
(1) The description of the dog;
(2) The level of classification;
(3) The facts upon which the classification is based;
(4) The availability of a hearing to object to the classification and instructions to request that hearing;
(5) The restrictions placed on the dog as a result of the classification;
(6) The penalties for violation of the restrictions; and
(7) The availability of declassification procedures.
(d) Upon receipt of notice of the dog’s classification as a nuisance dog, dangerous dog or vicious dog pursuant to division (c) of this section, the owner or keeper shall comply with the restrictions specified in § 618.19.
(e) If the owner, keeper, or harborer of the dog disagrees with the designation of the dog as a nuisance dog, dangerous dog or vicious dog, as applicable, the owner, keeper or harborer may request a hearing regarding the determination pursuant to R.C. § 955.222.
(Prior Code, § 618.18) (Ord. 126-2015, passed 10-13-2015)
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