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(A) No person shall harbor, maintain or control a wild, dangerous or undomesticated animal within the city.
(B) A wild, dangerous or undomesticated animal is an animal that is not an ordinary household pet and that would be ordinarily confined to a zoo, farm or the wilderness, or that otherwise causes fear or offensive odors or noises to the general public.
(Ord. 93-78, passed 11-6-1978)
(A) Definitions. As used in this section:
“At large” means any horse, mule, donkey, jackass and/or pony that is off the premises of its owner and not under the control of a competent person.
“Owner” means any person, group of persons or corporation owning, keeping and/or harboring horses, mules, donkeys, jackasses and/or ponies.
“Stable” means any barn, building or other structure used for the keeping, housing or feeding of horses, mules, donkeys, jackasses and/or ponies.
(B) Stable Required. A stable shall be required on any premises where horses, mules, donkeys, jackasses and/or ponies are kept, permitted, allowed, boarded or harbored.
(C) Land and Area Required. No person shall keep, maintain, permit, allow or board horses, mules, donkeys, jackasses and/or ponies in any residential district, except, however, that one such animal may be kept upon property containing at least two acres, and two such animals may be kept upon property containing five acres, other than any such animal under six months of age. However, if the stable used for keeping or harboring such animals has a hard surface floor equipped with a sanitary sewer drain connected to a public sanitary sewer and has a city water supply to permit maintenance of required sanitary conditions, then the minimum land area required for one such animal shall be two acres and for each additional such animal not less than one acre.
(D) Location of Stable. A stable shall be located on the rear portion of a lot as an accessory use to a dwelling and shall be located not less than:
(1) One hundred twenty-five feet from any neighbor’s dwelling;
(2) Thirty-five feet from any lot line;
(3) Fifty feet from a drilled well; and
(4) Three hundred feet from a dug well.
(E) Sanitary Regulations.
(1) All stables and yards where horses, mules, donkeys, jackasses and/or ponies are kept shall be kept in a sanitary condition, and the bedding, manure and waste materials accumulated from such animals shall be kept in a covered container or pit. All stables and yards shall be kept clean and in good repair so as to prevent the breeding of flies and the emission of deleterious and offensive odors.
(2) The Building Commissioner or his duly authorized representative is hereby authorized to enter upon and inspect any premises to determine whether the construction or erection of any stable and the keeping of any horse, mule, donkey, jackass and/or pony on such premises are in compliance with this section. If he determines that any provision of this section is being violated, he shall issue a citation therefor to the owner, tenant or occupant of such premises.
(F) Animals at Large. No person shall permit a horse, mule, donkey, jackass and/or pony to be at large off the premises of the owner.
(G) Riding or Walking on City or Private Sidewalks Prohibited. No person shall ride or walk a horse, mule, donkey, jackass and/or pony upon city or private sidewalks.
(Ord. 41-74, passed 5-6-1974)
(A) The owner or keeper of any member of a species of the animal kingdom that escapes from his or her custody or control and that is not indigenous to this state or presents a risk of serious physical harm to persons or property, or both, shall, within one hour after he or she discovers or reasonably should have discovered the escape, report it to:
(1) A law enforcement officer of the municipality and the County Sheriff; and
(2) The Clerk of Council.
(B) If the office of the Clerk of Council is closed to the public at the time a report is required by division (A) of this section, it is sufficient compliance with division (A)(2) of this section if the owner or keeper makes the report within one hour after the office is next open to the public.
(A) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
“Dangerous dog.” A dog that, without provocation, and subject to the following sentence, 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 that dog is off the premises of its owner, keeper or harborer or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard, or other locked enclosure which has a top. “Dangerous dog” does not include 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 law enforcement officers in the performance of their official duties.
“Menacing fashion.” A dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
“Police dog.” 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.
“Vicious dog.”
(a) A dog that, without provocation and subject to division (b) of this definition, 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. Belongs to a breed that is commonly known as a pit bull dog. The ownership, keeping, or harboring of such a breed of dog shall be prima facie evidence of the ownership, keeping or harboring of a vicious dog.
(b) “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 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.
“Without provocation.” A dog acts “without provocation” when it was not teased, tormented, or abused by a person, or it 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(A))
(B) A person who is the owner or has charge of any animal shall not permit it to run at large in the public road, highway, street, lane, or alley, or upon unenclosed land, or permit them to go upon any private yard, lot, or enclosure without the consent of the owner of the yard, lot, or enclosure.
(C) No person shall cause animals to be herded, kept, or detained for the purpose of grazing on premises other than those owned or occupied by the owner or keeper thereof without the consent of the owner of the premises.
(D) The running at large of such animal in or upon any of the places mentioned in divisions (B) and (C) above is prima facie evidence that it is running at large in violation of this section.
(ORC 951.01, 951.02)
(E) 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.
(F) Except when a dog is lawfully engaged in hunting and accompanied by the owner, keeper, harborer, or handler of the dog, 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.
(G) Except when a dangerous or vicious dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of a dangerous or vicious dog shall fail to do either of the following:
(1) While the dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top, except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained.
(2) While the dog is off the premises of the owner, keeper, or harborer, keep that dog on a chain- link leash or tether that is not more than six feet in length and additionally do at least one of the following: keep the dog in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top; have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station a person in close enough proximity to that dog so as to prevent it from causing injury to any person; or muzzle that dog.
(H) No owner, keeper, or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than $100,000 because of damage or bodily injury to or death of a person caused by the vicious dog.
(I) No person shall do any of the following:
(1) Debark or surgically silence a dog that the person knows or has reason to believe is a vicious dog;
(2) Possess a vicious dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
(3) Falsely attest on a waiver form provided by the veterinarian under division (J) of this section that the person’s dog is not a vicious dog or otherwise provide false information on that written waiver form.
(J) Before a veterinarian debarks or surgically silences a dog, the veterinarian may give the owner of the dog a written waiver form that attests that the dog is not a vicious dog. The written waiver form shall include all of the following:
(1) The veterinarian’s license number and current business address;
(2) The number of the license of the dog if the dog is licensed;
(3) A reasonable description of the age, coloring, and gender of the dog as well as any notable markings on the dog;
(4) The signature of the owner of the dog attesting that the owner’s dog is not a vicious dog;
(5) A statement that division (F) of Ohio R.C. 955.22 prohibits any person from doing any of the following:
(a) Debarking or surgically silencing a dog that the person knows or has reason to believe is a vicious dog;
(b) Possessing a vicious dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
(c) Falsely attesting on a waiver form provided by the veterinarian under division (G) of Ohio R.C. 955.22 that the person’s dog is not a vicious dog or otherwise provide false information on that written waiver form.
(K) It is an affirmative defense to a charge of a violation of division (I) of this section that the veterinarian who is charged with the violation obtained, prior to debarking or surgically silencing the dog, a written waiver form that complies with division (J) of this section and that attests that the dog is not a vicious dog.
(ORC 955.22)
(L) Whoever violates this section is guilty of a misdemeanor of the first degree. In addition, if the offender is guilty of a violation of division (E) or (F) of this section, 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.
(M) (1) If a violation of division (G) of this section involves a dangerous dog, then, in addition to the penalty provided in § 202.99, 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 (H) of this section. 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.
(2) If a violation of division (G) of this section involves a vicious dog, whoever violates that division (G) is guilty of one of the following:
(a) A felony, to be prosecuted under appropriate state law, on a first or subsequent offense if the dog kills or seriously injures a person. 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.
(b) A misdemeanor of the first degree on a first offense and a felony, to be prosecuted under appropriate state law, on each subsequent offense. 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.
(c) A misdemeanor of the first degree if the dog causes injury, other than killing or serious injury, to a person.
(N) Whoever violates division (I) of this section is guilty of a felony to be prosecuted under appropriate state law. Additionally, the court shall order that the vicious dog be humanely destroyed by as licensed veterinarian, the County Dog Warden, or the County Humane Society.
(ORC 955.99(E) - (H), (J))
(A) No person shall provide food for dogs, cats, deer, geese, ducks, raccoons, fowl or other wild animals or wildlife by setting such food out on any public property or within a 150-yard radius of any private residence or public roadway. This section does not apply to animals owned by the person or to songbirds fed from a stationary bird feeder.
(B) Whoever violates this section is guilty of a minor misdemeanor for the first offense and a fourth degree misdemeanor for a second or subsequent offense. Penalty shall be as provided in § 202.99 of these Codified Ordinances.
(Ord. 148-05, passed 12-19-2005)
(A) As used in this section:
"Animal." Means a nonhuman mammal, bird, reptile, or amphibian, either dead or alive.
"Offense." Means a violation of this section or an attempt, in violation of R.C. § 2923.02, to violate this section.
"Officer." Has the same meaning as in R.C. § 959.132.
"Sexual conduct." Means either of the following committed for the purpose of sexual gratification:
(a) Any act done between a person and animal that involves contact of the penis of one and the vulva of the other, the penis of one and the penis of the other, the penis of one and the anus of the other, the mouth of one and the penis of the other, the mouth of one and the anus of the other, the vulva of one and the vulva of the other, the mouth of one and the vulva of the other, any other contact between a reproductive organ of one and a reproductive organ of the other, or any other insertion of a reproductive organ of one into an orifice of the other;
(b) Without a bona fide veterinary or animal husbandry purpose to do so, the insertion, however slight, of any part of a person’s body or any instrument, apparatus, or other object into the vaginal, anal, or reproductive opening of an animal.
(B) No person shall knowingly engage in sexual conduct with an animal or knowingly possess, sell, or purchase an animal with the intent that it be subjected to sexual conduct.
(C) No person shall knowingly organize, promote, aid, or abet in the conduct of an act involving any sexual conduct with an animal.
(R.C. § 959.21)
(D) (1) Whoever violates this section 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, 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))
(2) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of this section 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)(7))
Editor’s note:
See § 202.99 for general Code penalty if no specific penalty is provided.