§ 618.05  CRUELTY TO ANIMALS; CRUELTY TO COMPANION 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 the confinement with a sufficient quantity of good wholesome food and water;
      (2)   Impound or confine an animal without affording it, during the 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. The shelter shall be appropriate to the animal’s size, weight and other characteristics, with sufficient space to allow the animal to turn about freely and in a normal position. The shelter shall provide sufficient shade to allow the animal to escape the direct rays of the sun at all times; the shelter shall be regularly cleaned and sanitized. This division (A)(2) does not apply to animals impounded or confined prior to slaughter. For the purpose of this section, SHELTER means an artificial 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 28 hours after they are so placed without supplying them with necessary food, water and attention, nor permit the stock to be so crowded as to overlie, crush, wound or kill each other.
      (6)   Neglect an animal. No owner of a domestic animal shall fail to bring that animal indoors, into the habitable, temperature-controlled portion of the residence, if either of the following have been issued by the National Weather Service or a local or state authority:
         (a)   Heat or cold advisory; or
         (b)   Sever weather warning.
      (7)   Tethering animals. No person shall tether an animal in any of the following circumstances:
         (a)   For more than ten hours total in a 24-hour period;
         (b)   If a heat or cold advisory has been issued by the National Weather Service or a local or state authority;
         (c)   If a severe weather warning has been issued by the National Weather Service or a local or state authority;
         (d)   If the length of the tether is less than five times the length of the animal;
         (e)   If the tether allows the animal to touch the fence or cross the property line or cross onto public property;
         (f)   If the tether is attached by means of a pinch-type, prong-type, or choke-type collar or if the collar is unsafe or is not properly fitted;
         (g)   If the tether may cause injury or entanglement;
         (h)   If the tether is made of a material that is unsuitable for the animal’s size and weight or that causes any unnecessary discomfort to the animal; and
         (i)   If no owner or occupant is present at the premises.
   (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 the livestock may be detained in any cars or compartment without food, water and attention may be extended to 36 hours without penalty therefor. Division (A) above does not prevent the dehorning of cattle.
   (C)   All fines collected for violations of division (A) above shall be paid to the society or association for the prevention of cruelty to animals, if there is one in the municipality; otherwise, all fines shall be paid to the General Fund.
(ORC 959.13)
   (D)   (1)   For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
         BOARDING KENNEL. Has the same meaning as in Ohio R.C. 956.01.
         CAPTIVE WHITE-TAILED DEER. Has the same meaning as in Ohio R.C. 1531.01.
         COMPANION ANIMAL. Any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept, including a pet store as defined in Ohio R.C. 956.01. “Companion animal” does not include livestock or any wild animal.
         CRUELTY. Has the same meaning as in Ohio R.C. 1717.01.
         DOG KENNEL. An animal rescue for dogs that is registered under Ohio R.C. 956.06, a boarding kennel, or a training kennel.
         FEDERAL ANIMAL WELFARE ACT. The Laboratory Animal Act of 1966, Pub. Law No. 89-544, 80 Stat. 350 (1966), 7 U.S.C. §§ 2131 et seq., as amended by the Animal Welfare Act of 1970, Pub. Law No. 91-579, 84 Stat. 1560 (1970), the Animal Welfare Act Amendments of 1976, Pub. Law No. 94-279, 90 Stat. 417 (1976) and the Food Security Act of 1985, Pub. Law No. 99-198, 99 Stat. 1354 (1985), and as it may be subsequently amended.
         LIVESTOCK. Horses, mules and other equidae; cattle, sheep, goats and other bovidae; swine and other suidae; poultry; alpacas; llamas; captive white-tailed deer; and any other animal that is raised or maintained domestically for food or fiber.
         PRACTICE OF VETERINARY MEDICINE. Has the same meaning as in Ohio R.C. 4741.01.
         RESIDENTIAL DWELLING. A structure or shelter or the portion of a structure or shelter that is used by one or more humans for the purpose of a habitation.
         SERIOUS PHYSICAL HARM. Any of the following:
            1.   Physical harm that carries an unnecessary or unjustifiable substantial risk of death;
            2.   Physical harm that involves either partial or total permanent incapacity;
            3.   Physical harm that involves acute pain of a duration that results in substantial suffering or that involves any degree of prolonged or intractable pain; and
            4.   Physical harm that results from a person who confines or who is the custodian or caretaker of a companion animal depriving the companion animal of good, wholesome food and water that proximately causes the death of the companion animal.
         TORMENT. Has the same meaning as in Ohio R.C. 1717.01.
         TORTURE. Has the same meaning as in Ohio R.C. 1717.01.
         WILD ANIMAL. Has the same meaning as in Ohio R.C. 1531.01.
      (2)   No person shall knowingly torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill or commit an act of cruelty against a companion animal.
      (3)   No person shall knowingly cause serious physical harm to a companion animal.
      (4)   No person who confines or who is the custodian or caretaker of a companion animal shall negligently do any of the following:
         (a)   Torture, torment or commit an act of cruelty against the companion animal;
         (b)   Deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation or confinement; and/or
         (c)   Impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow or excessive direct sunlight if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the lack of adequate shelter.
      (5)   No owner, manager or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal shall knowingly do any of the following:
         (a)   Torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill or commit an act of cruelty against the companion animal;
         (b)   Deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water if it is reasonably expected that the companion animal would die or experience unnecessary or unjustifiable pain or suffering as a result of the deprivation or confinement; and/or
         (c)   Impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow or excessive direct sunlight if it is reasonably expected that the companion animal would die or experience unnecessary or unjustifiable pain or suffering as a result of or due to the lack of adequate shelter.
      (6)   No owner, manager, or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal shall negligently do any of the following:
         (a)   Torture, torment or commit an act of cruelty against the companion animal;
         (b)   Deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation or confinement; and/or
         (c)   Impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow or excessive direct sunlight if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the lack of adequate shelter.
      (7)   Divisions (D)(2), (D)(3), (D)(4), (D)(5) and (D)(6) above do not apply to any of the following:
         (a)   A companion animal used in scientific research conducted by an institution in accordance with the federal animal welfare act and related regulations;
         (b)   The lawful practice of veterinary medicine by a person who has been issued a license, temporary permit or registration certificate to do so under Ohio R.C. Ch. 4741;
         (c)   Dogs being used or intended for use for hunting or field trial purposes; provided that, the dogs are being treated in accordance with usual and commonly accepted practices for the care of hunting dogs;
         (d)   The use of common training devices, if the companion animal is being treated in accordance with usual and commonly accepted practices for the training of animals; or
         (e)   The administering of medicine to a companion animal that was properly prescribed by a person who has been issued a license, temporary permit, or registration certificate under Ohio R.C. Ch. 4741.
      (8)   Notwithstanding any section of the Ohio Revised Code that otherwise provides for the distribution of fine moneys, the Clerk of Court shall forward all fines the Clerk collects that are so imposed for any violation of this division (D) to the Treasurer of the municipality, whose county humane society or law enforcement agency is to be paid the fine money as determined under this division (D). The Treasurer shall pay the fine moneys to the county humane society or the county, township, municipal corporation or state law enforcement agency in this state that primarily was responsible for or involved in the investigation and prosecution of the violation. If a county humane society receives any fine moneys under this division (D), the county humane society shall use the fine moneys either to provide the training that is required for humane agents under Ohio R.C. 1717.06 or to provide additional training for humane agents.
(ORC 959.131)
   (E)   Whoever violates division (A) above 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 division (E), 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))
   (F)   (1)   Whoever violates division (D)(2) above is guilty of a misdemeanor of the first degree on a first offense and a felony to be prosecuted under appropriate state law on each subsequent offense.
      (2)   Whoever violates division (D)(3) above is guilty of a felony to be prosecuted under appropriate state law.
      (3)   Whoever violates division (D)(4) above is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
      (4)   Whoever violates division (D)(5) above is guilty of a felony to be prosecuted under appropriate state law.
      (5)   Whoever violates division (D)(6) above is guilty of a misdemeanor of the first degree.
      (6)   (a)   A court may order a person who is convicted of or pleads guilty to a violation of division (D) above to forfeit to an impounding agency, as defined in Ohio R.C. 959.132, any or all of the companion animals in that person’s ownership or care. The court also may prohibit or place limitations on the person’s ability to own or care for any companion animals for a specified or indefinite period of time.
         (b)   A court may order a person who is convicted of or pleads guilty to a violation of division (D) above to reimburse an impounding agency for the reasonably necessary costs incurred by the agency for the care of a companion animal that the agency impounded as a result of the investigation or prosecution of the violation; provided that, the costs were not otherwise paid under Ohio R.C. 959.132.
      (7)   If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of division (D) above suffers from a mental or emotional disorder that contributed to the violation, the court may impose as a community control sanction or as a condition of probation a requirement that the offender undergo psychological evaluation or counseling. The court shall order the offender to pay the costs of the evaluation or counseling.
(ORC 959.99(E))
(Ord. 86-2018, passed 9-24-2018)
Statutory reference:
   Impoundment of companion animals; notice and hearing, see Ohio R.C. 959.132