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Bellevue Overview
Codified Ordinances of Bellevue, OH
Codified Ordinances of the City of Bellevue, Ohio
CERTIFICATION
ROSTER OF OFFICIALS
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF BELLEVUE
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PARTS ELEVEN AND TWELVE - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
CHAPTER 505
Animals and Fowl
505.001   Definitions.
505.01   Dogs and other animals running at large.
505.02   Impounding and disposition; records.
505.03   Annual registration of dogs; tags required.
505.04   Abandoning animals.
505.05   Killing or injuring animals.
505.06   Poisoning animals.
505.07   Cruelty to animals generally.
505.071   Cruelty to companion animals.
505.08   Nuisance conditions prohibited.
505.09   Barking or howling dogs.
505.10   Animal bites; reports and quarantine.
505.11   Hunting prohibited.
505.12   Coloring rabbits or baby poultry; sale or display of poultry.
505.13   Dangerous wild animals and restricted snakes.
505.14   Dangerous dogs.
505.15   Harboring bees; notice to abate.
505.16   Keeping or harboring certain animals, fowl or reptiles prohibited.
505.17   Dogs prohibited from funway of Cherry Festival.
505.18   Rights of blind, deaf or hearing impaired, or mobility impaired person, or trainer with assistance dog.
505.99   Penalty.
 
CROSS REFERENCES
See sectional histories for similar State law
Owner or keeper liable for damages - see Ohio R.C 951.10
Dog registration - see Ohio R.C. 955.01
505.001 DEFINITIONS.
   As used in this chapter unless otherwise specifically provided herein:
   (a)   (1)   “Dangerous dog” means a dog that, without provocation, and subject to subsection (a)(2) hereof has done any of the following:
         A.   Caused injury, other than killing or serious injury, to any person;
         B.   Killed another dog;
         C.   Been the subject of a third or subsequent violation of Section 505.01(c).
      (2)   “Dangerous dog” does not include a police dog that has caused injury, other than killing or serious injury, to any person or has killed another dog while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
   (b)   “Menacing fashion” means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
   (c)   (1)   Subject to subsection (c)(2) hereof, “nuisance dog” means a dog that without provocation and while off the premises of its owner, keeper or harborer has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person.
      (2)   “Nuisance dog” does not include a police dog that while being used to assist one or more law enforcement officers in the performance of official duties has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person.
   (d)   “Police dog” means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.
   (e)   “Serious injury” means any of the following:
      (1)   Any physical harm that carries a substantial risk of death;
      (2)   Any physical harm that involves a permanent incapacity, whether partial or total, or a temporary, substantial incapacity;
      (3)   Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement;
      (4)   Any physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain.
   (f)   (1)   “Vicious dog” means a dog that, without provocation and subject to subsection (f)(2) hereof has killed or caused serious injury to any person.
      (2)   “Vicious dog” does not include either of the following:
         A.   A police dog that has killed or caused serious injury to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;
         B.   A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.
   (g)   “Without provocation” means that a dog was not teased, tormented 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. (ORC 955.11)
505.01 DOGS AND OTHER ANIMALS RUNNING AT LARGE.
   (a)   No person being the owner or having charge of cattle, horses, swine, sheep, geese, ducks, goats, turkeys, chickens or other fowl or animals shall permit them to run at large upon any public place, or upon any unenclosed lands or upon the premises of another.
(ORC 951.02)
   (b)   No owner, keeper or harborer of any female dog shall permit it to go beyond the premises of the owner, keeper or harborer at any time the dog is in heat, unless the dog is properly in leash.
   (c)   No owner, keeper, or harborer of any dog shall fail at any time to do either of the following:
      (1)   Keep the dog physically confined or restrained upon the premises of the owner, keeper, or harborer by a leash, tether, adequate fence, supervision, or secure enclosure to prevent escape.
      (2)   Keep the dog under the reasonable control of some person.
         (ORC 955.22)
   (d)   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)
   (e)   (1)   Whoever violates subsection (a) hereof is guilty of a misdemeanor of the fourth degree. (ORC 951.99)
      (2)   A.   Whoever violates subsection (b) hereof is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.
         B.   In addition to the penalties prescribed in subsection (e)(2)A. hereof, if the offender is guilty of a violation of subsection (b) hereof, the court may order the offender to personally supervise the dog that the offender owns, keeps or harbors, to cause that dog to complete dog obedience training, or to do both.
      (3)   A.   1.   Whoever violates subsection (c) hereof that involves a dog that is not a nuisance dog, dangerous dog or vicious dog is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.
            2.   In addition to the penalties prescribed above, if the offender is guilty of a violation of subsection (c) hereof, that involves a dog that is not a nuisance dog, dangerous dog or vicious dog, the court may order the offender to personally supervise the dog that the offender owns, keeps or harbors, to cause that dog to complete dog obedience training, or to do both.
         B.   1.   Whoever commits a violation of subsection (c) hereof, that involves a nuisance dog is guilty of a minor misdemeanor on the first offense and of a misdemeanor of the fourth degree on each subsequent offense involving the same dog. Upon a person being convicted of or pleading guilty to a third violation of subsection (c) hereof, involving the same dog, the court shall require the offender to register the involved dog as a dangerous dog.
            2.   In addition to the penalties prescribed above, if a violation of subsection (c) hereof involves a nuisance dog, the court may order the offender to personally supervise the nuisance dog that the offender owns, keeps or harbors, to cause that dog to complete obedience training, or to do both.
         C.   Whoever commits a violation of subsection (c) hereof that involves a dangerous dog, 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 division (E) of Ohio R.C. 955.22. 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 at the owner’s expense. With respect to a violation of subsection (c) hereof that involves a dangerous dog, until the court makes a final determination and during the pendency of any appeal of a violation of that division and at the discretion of the Dog Warden, the dog shall be confined or restrained in accordance with division (D) of Ohio R.C. 955.22 or at the County Dog Pound at the owner’s expense.
         D.   1.   Whoever commits a violation of subsection (c) hereof that involves a vicious dog is guilty of one or the following:
               a.   A felony, if the dog kills a person, and shall be prosecuted under appropriate State law. 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 at the owner’s expense.
               b.   A misdemeanor of the first degree if the dog causes serious injury to a person. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society;
            2.   If the court does not order the vicious dog to be destroyed under subsection (e)(3)D.1.b. hereof, the court shall issue an order that specifies that division (D) of Ohio R.C. 955.11 and divisions (D) to (I) of Ohio R.C. 955.22 apply with respect to the dog and the owner, keeper or harborer of the dog as if the dog were a dangerous dog and that Ohio R.C. 955.54 applies with respect to the dog as if it were a dangerous dog. As part of the order, the court shall order the offender to obtain the liability insurance required under division (E)(1) of Ohio R.C. 955.22 in an amount, exclusive of interest and costs, that equals or exceeds one hundred thousand dollars. Until the court makes a final determination and during the pendency of any appeal of a violation of subsection (c) hereof and at the discretion of the Dog Warden, the dog shall be confined or restrained in accordance with the provisions described in division (D) of Ohio R.C. 955.22 or at the County Dog Pound at the owner’s expense.
               (ORC 955.99)
505.02 IMPOUNDING AND DISPOSITION; RECORDS.
   (a)   A police officer or animal warden may impound every animal or dog found in violation of Section 505.01. If the dog is not wearing a valid registration tag and the owner is not otherwise reasonably determined, notice shall be posted in the pound or animal shelter both describing the dog and place where seized and advising the unknown owner that unless the dog is redeemed within three days, it may thereafter be sold or destroyed according to law. If the dog is wearing a valid registration tag or the identity of the owner, keeper or harborer is otherwise reasonably determined, notice shall be given by certified mail to such owner, keeper or harborer that the dog has been impounded and unless redeemed within fourteen days of the date of notice, it may thereafter be sold or destroyed according to law. Any dog seized and impounded may be redeemed by its owner, keeper or harborer at any time prior to the applicable redemption period upon payment of all lawful costs assessed against the animal and upon providing the dog with a valid registration tag if it has none.
   (b)   A record of all dogs impounded, the disposition of the same, the owner's name and address where known, and a statement of any costs assessed against the dog shall be kept by any poundkeeper.
505.03 ANNUAL REGISTRATION OF DOGS; TAGS REQUIRED.
   (a)   Except for guide dogs registered under Ohio R.C. 955.011 and dogs kept by an institution or organization for teaching and research purposes under Ohio R.C. 955.16, no person shall own, keep or harbor a dog more than three months of age without annually registering such dog with the County Auditor. Failure of any dog at any time to wear a valid registration tag shall be prima-facie evidence of lack of registration and subject such dog to impounding and disposition as provided by Ohio R.C. 955.16.
   (b)   Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense. (ORC 955.99(D)).
505.04 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 misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
(ORC 959.99)   
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