§ 618.22  ANIMAL FEED NUISANCE PREVENTION.
   (A)   This section prohibits leaving animal feed and/or pet food outside in open areas or in enclosed areas such as, but not limited to, open garages, car ports, tool sheds, lean-tos or under open porches for pets, strays and wild animals. However, food may be left out during daylight hours; provided that, the feeding area must be removed and cleaned each day.
   (B)   Any matter which attracts animals and is capable of consumption by either domestic and/or wild animals shall meet the definition of “food”, “pet food” and/or “animal feed” as it is used in this section. Bird feeders and squirrel feeders are exempt from this section.
   (C)   Only domestic animals kept in yard pens which enclose an area on all sides shall be permitted to have food left unattended for more than eight hours. In such instances, there shall be permitted to be only enough food to feed the number of animals kept in the pen.
   (D)   (1)   It shall be unlawful for any person to leave food unattended as prohibited by this section. Any person who violates any provision of this section is guilty of a minor misdemeanor. For each violation of this section, the offending party shall be fined $50. Each day on which a violation of any provision of this section occurs is a separate and distinct offense and shall be punishable as such notwithstanding the fact that the same food is at issue.
      (2)   Prior to prosecution for any offense under this section, the offender shall be given a written warning for the first occasion where a violation is reported and then observed by an enforcement officer. The written warning shall be addressed to the owner of the property where the food is found.
      (3)   A person may be found to have violated this section should that individual be the registered owner of either the pet being kept at the particular residence or the owner of the property the pet is found upon.
   (E)   This section is to be enforced by personnel of the Summit County Health District and/or the Summit County Division of Animal Control and/or the Barberton Police Department and/or the Barberton Building Department.
(Ord. 226-2012, passed 12-17-2012)