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Berea Overview
Codified Ordinances of Berea, OH
CODIFIED ORDINANCES OF THE CITY OF BEREA, OHIO
ROSTER OF OFFICIALS
ADOPTING ORDINANCE No. 92-98
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART FIVE - BUSINESS REGULATION CODE
PART SEVEN - TRAFFIC CODE
PART NINE - GENERAL OFFENSES CODE
CHAPTER 901 General Provisions and Penalty
CHAPTER 905 Animals
CHAPTER 907 Curfew
CHAPTER 909 Disorderly Conduct and Peace Disturbance
CHAPTER 911 Noise Control
CHAPTER 913 Drug Abuse Control
CHAPTER 917 Gambling
CHAPTER 918 Smoking Prohibited at City Meetings and on City Property
CHAPTER 919 Storage and Use of PCB and PCB Devices
CHAPTER 921 Health, Safety and Sanitation
CHAPTER 925 Law Enforcement and Public Office
CHAPTER 929 Liquor Control
CHAPTER 931 Nuisance Abatement
CHAPTER 933 Obscenity and Sex Offenses
CHAPTER 937 Offenses Against Persons
CHAPTER 941 Property Offenses
CHAPTER 945 Theft and Fraud
CHAPTER 947 Waste Materials and Junk
CHAPTER 949 Weapons and Explosives
CHAPTER 951 Fair Housing
CHAPTER 953 Railroads
CHAPTER 955 Graffiti
CHAPTER 957 Illegal Distribution, Use or Permitting Use of Cigarettes, Alternative Nicotine Products, Electronic Smoking Devices or Other Tobacco Products
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
CHAPTER 905
Animals
905.01   Definitions.
905.02   Animals running at large.
905.03   Livestock permits.
905.03.01   Poultry.
905.04   Nuisance conditions prohibited.
905.05   Abandoning, injuring, hunting    and trapping animals, livestock or poultry; use of animals, livestock or poultry as prizes.
905.06   Keeping or harboring dangerous or vicious animals prohibited; breeding, sale prohibited.
905.07   Animal Warden.
905.08   Pound.
905.09   License and registration required.
905.10   Impounding.
905.11   Notice to owner and redemption.
905.12   Disposition of animals, livestock or poultry.
905.13   Records and receipts.
905.14   Confinement of certain dogs.
905.15   Quarantine of animals.
905.16   Relationship to zoning ordinance.
905.17   Fairgrounds.
905.18   Animal owner liable for damage to public property.
905.19   Rabies vaccination of dogs and cats required.
905.20      Rights of blind, deaf or hearing impaired, or mobility impaired person, or trainer with assistance dog.
905.99   Penalty; disposition.
 
CROSS REFERENCES
See sectional histories for similar State law
Power to restrain and impound animals - see Ohio R.C. 715.23
Dog license required - see Ohio R.C. 955.05 et seq.
Driving animals upon roadway - see TRAF. 703.05, 703.06
Offensive odors from places where animals kept or fed - see GEN. OFF. 921.08
Interfering with Police dogs - see GEN. OFF. 925.16 et seq.
 
905.01 DEFINITIONS.
   As used in this chapter:
   (a)   "Animal" means any live or dead dog (canis familiaris), cat (felix catus), monkey (non-human primate mammal), guinea pig, hamster, rabbit or any other warm-blooded animal which is a domesticated pet, or used for exhibition purposes, or is intended for use in research, testing or experimentation. The term excludes livestock and poultry.
   (b)   "Livestock" means horses, ponies, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks, jennets, burros, goats, kids, swine and any animals normally found in the wild state which are being kept for exhibition purposes or as private pets.
   (c)   "Poultry" means all domesticated fowl and all game birds which are legally held in captivity.
   (d)   "Owner" refers to any person, firm, association or corporation owning, keeping or harboring any animal, livestock or poultry.
   (e)   "Keeping" or "harboring" an animal, livestock or poultry includes allowing an animal, livestock or poultry to remain, be lodged, or fed within a building, enclosure or yard or maintaining such animal, livestock or poultry in one's custody or control.
   (f)   "At large" means off the premises of the owner, and not under his physical control by leash, cord, chain, tether or other physical control.
   (g)   "Animal shelter" means an open or enclosed accessory structure designed, built, altered, or used to temporarily or permanently house wild or domestic animals of any kind.
   (h)   "Dangerous dog" means a dog that, without provocation, and subject to paragraph (5) below meets any of the following:
      (1)   Has chased or approached in either a menacing fashion or an apparent attitude of attack;
      (2)   Has attempted to bite or otherwise endanger any person while that dog is off the premises of its owner, keeper or harborer or some other responsible person;
      (3)   Is not physically restrained or confined in a locked pen which has a top, a locked fenced yard or other locked enclosure which has a top;
      (4)   "Dangerous dog" also includes, but is limited to, any dog whose owner has been found guilty of a violation of Section 905.02, at large, with respect to such dog, and any dog classified as a "dangerous dog" by the animal warden after the animal warden has received and investigated a complaint about such dog;
      (5)   "Dangerous dog" does not include the following: A police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
   (i)   "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.
   (j)   "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.
   (k)   "Vicious dog" means a dog that, without provocation, meets any of the following criteria:
      (1)   Has killed or caused serious injury to any person;
      (2)   Has caused injury, other than killing or serious injury, to any person, or has killed another dog.
      (3)   "Vicious dog" also includes, but is limited to, any dog classified as a vicious dog by the animal warden after investigation of any complaint of such dog as a vicious dog.
      "Vicious dog" does not include either of the following:
      (1)   A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or 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.
      (2)   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.
   (l)   "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.
      (Ord. 90-158. Passed 9-17-90.)
905.02 ANIMALS RUNNING AT LARGE.
   No owner of any animal, livestock or poultry shall permit such animal, livestock or poultry to run at large.
(Ord. 90-158. Passed 9-17-90.)
905.03 LIVESTOCK PERMITS.
   (a)    No person shall keep a barn, stable or enclosure for any livestock within the City without having first obtained a permit from the Director of Public Safety. Any such permit shall only be issued and used for keeping or harboring animals owned by the owner of the property or a person residing at the property for which the permit is issued. In no instance shall a permit holder rent or lease the property for use by animals not owned by the permit holder or accept any form of compensation for allowing an animal to be kept or harbored on the property other than an animal owned by the owner of the property or a person residing at the property which is subject to the permit. Such permit shall contain the name, age, breed, description and any special markings peculiar to such livestock.
   (b)    No permit shall be issued by the Director of Public Safety for any livestock unless the following conditions are met:
      (1)    The sublot or parcel of real property upon which such livestock shall be kept or harbored shall be not less than one acre in size for each such livestock.
      (2)    If such livestock shall be kept or harbored upon property not owned by the owner of such livestock, no permit shall be issued until there shall have been filed with the Director of Public Safety the written consent of the owner of the sub lot or parcel of property upon which such livestock shall be kept or harbored.
      (3)    A stable, barn or enclosure shall be required for the keeping or harboring of livestock. Such stable, barn or enclosure shall meet the requirement of the building and zoning laws and shall be kept in a sanitary condition, and shall not be nearer than fifty feet to a street or any property line, or municipal boundary line, nor nearer than one hundred feet to any dwelling. The provisions of subsection (3) shall not apply to stables presently in use on the Cuyahoga County Fairgrounds property.
      (4)    Non-domesticated livestock shall not be permitted unless the permit applicant shall demonstrate to the satisfaction of the Director of Public Safety that:
         A.    All reasonable precautions have been taken to securely cage or enclose the livestock and prevent the livestock from running at large; and
         B.    Such livestock will not present a threat to the public peace, health and safety if the livestock escapes its cage or enclosure.
   The fee for any livestock permit shall be ten dollars ($10.00) for any calendar year or part thereof. (Ord. 2014-47. Passed 5-19-14.)
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