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(a) Every dog or cat over six (6) months of age adopted from the City Kennel shall be spayed or neutered at the Spay and Neuter Clinic before release. The cost of the operation shall be borne by the person adopting the animal and is in addition to any adoption fee imposed by the Chief Animal Control Officer.
(b) A person wishing to adopt a dog or cat under the age of six (6) months shall sign an agreement stating the dog or cat shall be spayed or neutered at the Spay and Neuter Clinic or at an appropriate outside animal hospital within seven (7) days of a date specified on the agreement, when the animal reaches between six (6) and nine (9) months of age. In addition to any adoption fee imposed by the Chief Animal Control Officer, a thirty dollar ($30.00) fee shall be paid at the time of the adoption, to be held until the animal is brought back to be spayed or neutered, or until proof of the operation is established with the Chief Animal Control Officer. The thirty dollar ($30.00) fee shall either: (1) be used to cover the cost of the operation when the animal is brought back to the Spay and Neuter Clinic for the operation; or (2) be returned to the pet owner upon production of proof of the operation at an outside facility. If the animal is not spayed or neutered within the set time period, or within the date specified in the agreement, the owner of the animal shall forfeit the thirty dollar ($30.00) fee.
(c) Any fee established under this section may be waived by the Director of Public Safety if the person adopting the animal is determined by the Director to be indigent in accordance with federal poverty guidelines, the person adopting has never before received the waiver, and, including the adopted animal, there is only one (1) animal in the adopting person's household.
(Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)
(a) As used in this section:
(1) "Impounding Agency" means the City of Cleveland Division of Animal Care and Control or County Humane Society organized under RC 1717.05.
(3) "Officer" means any law enforcement, County humane agent, or Animal Control Officer in the City of Cleveland.
(b) An officer may immediately seize and cause to be impounded at an impounding agency an animal that the officer has probable cause to believe is the subject of an offense.
(c) The officer shall give written notice of the seizure and impoundment to the owner, keeper, or harborer of the animal that was seized and impounded within three (3) days of seizure if they can be found. If the officer is unable to give the notice to the owner, keeper, or harborer of the animal, the officer shall post the notice on the door of the residence or in another conspicuous place on the premises at which the animal was seized.
(1) If the seizure is for a violation of Sections 603.072, 603.08, 603.091, or 603.092 the notice shall include a statement that, upon written request by the owner, keeper, or harborer of the animal to the impounding agency, which is received by the impounding agency within five (5) calendar days of the notice of seizure and impoundment, a hearing will be held at the next available court date, or no later than three (3) days from the date the notice of a request for a hearing was received, whichever is earlier. If a hearing is not timely requested, the animal is deemed forfeited without hearing and the impounding agency may determine the disposition of the animal.
(2) If the seizure is for a violation of Sections 603.09 the notice shall include a statement that, upon written request by the owner, keeper, or harborer of the animal to the impounding agency, which is received by the impounding agency within ten (10) calendar days of the notice of seizure and impoundment, a hearing will be held at the next available court date, or no later than three (3) days from the date the notice of a request for a hearing was received, whichever is earlier. If a hearing is not timely requested, the animal is deemed forfeited without hearing and the impounding agency may determine the disposition of the animal.
(3) In either case, the notice shall also state that the hearing will be held to determine whether the officer had probable cause to seize the animal and, if applicable, to determine the amount of a bond or cash deposit that is needed to provide for the animal's care and keeping for not less than thirty (30) days beginning on the date on which the animal was seized and impounded.
(d) An animal that is seized under this section may be humanely destroyed immediately or at any time during impoundment or otherwise provided with veterinary care if a licensed veterinarian determines it to be necessary because the animal is suffering.
(e) (1) If the owner, keeper, or harborer of the animal has requested a hearing in writing, the court shall hold a hearing to determine whether the officer impounding an animal had probable cause to seize the animal. If the court determines that probable cause exists, the court shall determine the amount of a bond or cash deposit that is needed to provide for the animal's care and keeping for not less than thirty (30) days beginning on the date on which the animal was impounded. If a hearing is not timely requested, the animal is deemed forfeited without hearing and the impounding agency may determine the disposition of the animal.
(2) If the court determines that probable cause does not exist, the court immediately shall order the impounding agency to return the animal to its owner if possible.
(3) If the court determines that probable cause exists and determines the amount of a bond or cash deposit, the case shall continue and the owner shall post a bond or cash deposit to provide for the animal's care and keeping for not less than thirty (30) days beginning on the date on which the animal was impounded. The owner may renew a bond or cash deposit by posting, not later than ten (10) days following the expiration of the period for which a previous bond or cash deposit was posted, a new bond or cash deposit in an amount that the court, in consultation with the impounding agency, determines is sufficient to provide for the animal's care and keeping for not less than thirty (30) days beginning on the date on which the previous period expired. If no bond or cash deposit is posted or if a bond or cash deposit expires and is not renewed, the impounding agency may determine the disposition of the animal unless the court issues an order that specifies otherwise. The notice provided in this section shall include notice that if no bond or cash deposit is posted or if the bond or cash deposit expires and is not renewed and the owner or person in control of the animal fails to appear for the hearing, the impounding agency may determine the disposition of the animal.
(f) If a person is convicted of committing an offense, the court may impose the following additional penalties against the person:
(1) A requirement that the person pay for the costs incurred by the impounding agency in caring for an animal involved in the applicable offense, provided that the costs were incurred during the animal's seizure or impoundment. A bond or cash deposit posted under this section may be applied to the costs.
(2) An order permanently terminating the person's right to possession, title, custody, or care of the animal that was involved in the offense. If the court issues such an order, the court shall order the disposition of the animal.
(g) If a person is found not guilty of committing an offense, the court immediately shall order the impounding agency to return the animal to its owner if possible and to return the entire amount of any bond or cash deposit posted under division (e) of this section. If the animal cannot be returned because it has been adopted or euthanized the impounding agency shall pay the fair market value of the animal at the time that it was impounded plus statutory interest as defined in RC 1343.03 from the date of the impoundment or an amount determined by the court to be equal to the cost of treatment of the injury to the animal, as applicable. The requirements established in this division regarding the return of a bond or cash deposit and the payment of the reasonable market value of the companion animal shall not apply in the case of a dog that was not registered, in accordance with applicable registration laws, at the time it was seized and impounded.
(h) If charges are filed for an offense described in this section against the custodian or caretaker of an animal, but the animal that is the subject of the charges is not impounded, the court in which the charges are pending may order the owner or person having custody of the animal to provide to the animal the necessities described in division (C)(5), (D)(2), and (E)(5) of RC 959.131 until the final disposition of the charges. If the court issues an order of that nature, the court also may authorize an officer or another person to visit the place where the animal is being kept, at the times and under the conditions that the court may set, to determine whether the animal is receiving those necessities and to remove and impound the animal if the animal is not receiving those necessities.
(i) Nothing in this section shall be interpreted to apply to an animal impounded under Section 603.03.
(Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)
(a) No owner or person in charge or control of a dog, or owner or person in charge of a premises on which a dog is located, shall permit a dog nuisance to occur or continue within the City.
(b) For the purposes of this section, each of the following constitutes a dog nuisance:
(1) Permitting any dog unreasonably to cause annoyance, alarm or noise disturbance to any person or neighborhood by barking, whining, screeching, howling, or other like sounds which may be heard beyond the boundary of the owner, keeper or harborer's property under conditions where the animal sounds are shown to have occurred either as an episode of continuous noise lasting for a minimum period of fifteen (15) minutes, or repeated episodes of intermittent noise lasting for a minimum period of thirty (30) minutes. It shall be an affirmative defense under this division that the animal was intentionally provoked by a party other than the owner to make such noise;
(2) A dog which scratches or digs in, or defecates upon any lawn, tree, shrub, plant, or any other public or private property other than the property of the dog's owner or the property of a person in charge or control of the dog;
(3) A dog which damages or causes damage to any public or private property other than the property of a person in charge or control of the dog;
(4) A dog, without provocation, that jumps on the fence of the dog's owner or person in charge or control of the dog, in a way that scares and intimidates any person;
(5) Permitting a dog, without provocation, to bite or otherwise inflict serious injury to a person or companion animal.
(c) On complaint of any person to the police that a dog nuisance has occurred or is continuing, a police officer or animal control officer shall issue notice of the complaint to the owner or person in charge or control of the dog which constitutes the nuisance complained of, or to the owner or person in charge of the premises on which the dog nuisance complained of occurs.
(d) Any person who fails to abate a dog nuisance after having received a notice under division (c) of this section shall be guilty of creating a dog nuisance. Each day upon which the dog nuisance occurs or continues shall constitute a separate offense, and the offender shall be subject to the following penalties:
(1) For a first offense, a fine of fifty dollars ($50.00);
(2) For a second offense occurring within four (4) months of the first offense, a fine of seventy- five dollars ($75.00);
(3) For a third offense occurring within four (4) months of the first offense, a fine of one hundred dollars ($100.00);
(4) For a fourth and any later offense occurring within four (4) months of the first offense, the dog which constitutes the nuisance shall be impounded under Section 603.03.
(5) Whoever violates division (b)(5) of this section is guilty of a misdemeanor of the first degree, and such owner's dog will be considered a level two (2) threat under Section 604.01.
(e) In addition to any other method of enforcement provided in this section, the offense created in this section may be enforced upon a first, second, or third offense by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure.
(Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)
(a) No person who has the charge or control of a dog on any public street, sidewalk, pathway, park, pedestrian way or any public facility or on any private property not owned or possessed by the owner or person having control of such dog shall fail to maintain in his or her possession sufficient and readily usable wrappers, materials or implements to remove and properly dispose of any fecal matter that may be deposited on the ground by the dog.
(b) No person who has the charge or control of a dog on any public street, sidewalk, pathway, park, pedestrian way or any public facility or on any private property not owned or possessed by the owner or person having control of such dog shall fail to remove and properly dispose of any fecal matter that may be deposited on the ground by the dog.
(c) A disabled person who has the charge or control of a guide dog or an officer who has the charge of a police dog in the performance of law enforcement duties shall be exempt from the provisions of this section.
(d) Whoever violates this section is guilty of a minor misdemeanor. In addition to any other method of enforcement provided for in this chapter, the provisions of this section may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure.
(Ord No. 728-02. Passed 6-10-02, eff. 6-14-02)
(a) Except for guide dogs registered under RC 955.011 and dogs kept by an institution or organization for teaching and research purposes under RC 955.16, no person shall own, keep or harbor a dog more than three (3) 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 RC 955.16.
(b) Whoever violates this section is guilty of keeping an unregistered dog, a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)
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