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East Palestine Overview
East Palestine, OH Code of Ordinances
CODIFIED ORDINANCES OF EAST PALESTINE, OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS
PRELIMINARY UNIT
CHARTER OF THE MUNICIPALITY OF EAST PALESTINE
PART TWO - ADMINISTRATION CODE
PART FOUR - TRAFFIC CODE
PART SIX - GENERAL OFFENSES CODE
PART EIGHT - BUSINESS REGULATION AND TAXATION CODE
PART TEN - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART TWELVE - PLANNING AND ZONING CODE
PART FOURTEEN - BUILDING AND HOUSING CODE
PART SIXTEEN - FIRE PREVENTION CODE
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   618.17   DANGEROUS OR EXOTIC ANIMALS.
   (a)   Prohibition. No person shall shelter, exhibit, market, raise, harbor, breed, maintain or have in his or her possession or under his or her control within the City any dangerous or exotic animal, unless said dangerous or exotic animal is confined securely indoors.
   (b)   Definitions. As used in this section:
      (1)   “Animal” means a live and vertebrate creature, insect, fowl or reptile.
      (2)   “Dangerous or exotic animal” means and includes any wild mammal, insect, reptile or fowl which is not naturally tame or gentle, but is of a wild nature or disposition, and which, because of its size, vicious nature or other characteristics, would constitute a danger to human life or property.
      (3)   “Harbor” means to feed or shelter an animal.
      (4)   “Market” means to buy, sell or otherwise deal in a wild or exotic animal, either wholesale or retail.
      (5)   “Wild” means an animal which generally lives in its original and natural state and is not normally domesticated.
   (c)   Types. Dangerous or exotic animals include, but are not limited to:
      (1)   Any poisonous animals, fish, reptiles or insects;
      (2)   Alligators;
      (3)   Apes, chimpanzees, givvons, gorillas, orangutans and siamangs;
      (4)   Baboons;
      (5)   Bears;
      (6)   Bisons;
      (7)   Bobcats;
      (8)   Cheetahs;
      (9)   Crocodilian;
      (10)   Constriction snakes;
      (11)   Coyotes;
      (12)   Deer;
      (13)   Elephants;
      (14)   Foxes;
      (15)   Game cocks and other fighting birds;
      (16)   Hippopotami;
      (17)   Hyenas;
      (18)   Jaguars;
      (19)   Leopards;
      (20)   Lions;
      (21)   Lynxes;
      (22)   Ostriches;
      (23)   Piranha fish;
      (24)   Pumas, also known as cougars, mountain lions and panthers;
      (25)   Rhinoceroses;
      (26)   Sharks;
      (27)   Poisonous spiders;
      (28)   Snow leopards;
      (29)   Tigers; and
      (30)   Wolves.
   (d)   Exceptions. This section does not apply to:
      (1)   Any person while transporting any animal, fish, fowl or reptile through the City, provided that such animal, fish, fowl or reptile is adequately restrained to avoid injury to persons or damage to property;
      (2)   The keeping of such animals in a bona fide licensed veterinary hospital for treatment;
      (3)   The keeping of such animals in a bona fide educational or medical institution, museum or other place where they are kept as live specimens for public view or for the purpose of instruction or study;
      (4)   Dangerous or poisonous reptiles maintained by bona fide educational or medical institutions for the purpose of instruction or study, provided such reptiles are securely confined; or
      (5)   Any official police canine dog.
   (e)   Penalty. Whoever violates this section is guilty of a misdemeanor of the fourth degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 30-2005. Passed 11-14-05.)
   618.18   REPORT OF ESCAPE OF DANGEROUS OR EXOTIC ANIMAL.
   (a)   The owner or keeper of any dangerous or exotic animal shall, within one hour after the owner or keeper discovers or reasonably should have discovered the escape, report it to the East Palestine City Police Department.
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 30-2005. Passed 11-14-05.)
   618.19   BEEKEEPING.
   (a)   It shall be unlawful to keep or harbor more than the following number of bee hives on any lot within the City.
      (1)   One quarter acre or less lot - 1 hive.
      (2)   More than one quarter acre lot - 2 hives.
   (b)   All beehives must be kept a minimum of twenty-five (25) feet from proeprty lines.
   (c)   A water source must be provided on the premises, placed a minimum of twenty-five (25) feet from the property line.
   (d)   All beehives shall be protected by a flyaway barrier at least six feet (6') in height consisting of a solid wall, fence, dense vegetation or combination thereof that is parallel to the property line and extends ten feet (10') beyond all hives in each direction so that all bees are forced to fly at an extension of at least six feet (6') above ground level over the property lines in the vicinity of the hives.
   (e)   Whoever violates this section is guilty of a misdemeanor of the fourth degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 34-2005. Passed 12-12-05.)
   618.20   RESTRICTIONS ON DOG OWNERSHIP FOR CERTAIN CONVICTED FELONS.
   (a)   No person who is convicted of or pleads guilty to a felony offense of violence committed on or after May 22, 2012 or a felony violation of any provision of Ohio R.C. Chapter 959, Ohio R.C. Chapter 2923 or Ohio R.C. Chapter 2925 committed on or after May 22, 2012 shall knowingly own, possess, have custody of, or reside in a residence with either of the following for a period of three years commencing either upon the date of release of the person from any period of incarceration imposed for the offense or violation or, if the person is not incarcerated for the offense or violation, upon the date of the person’s final release from the other sanctions imposed for the offense or violation:
      (1)   An unspayed or unneutered dog older than 12 weeks of age;
      (2)   Any dog that has been determined to be a dangerous dog under Ohio R.C. Chapter 955 or any substantially equivalent municipal ordinance.
   (b)   A person described in division (a) of this section shall microchip for permanent identification any dog owned, possessed by, or in the custody of the person.
   (c)   (1)   Division (a) of this section does not apply to any person who is confined in a correctional institution of the Department of Rehabilitation and Correction.
      (2)   Division (a) of this section does not apply to any person with respect to any dog that the person owned, possessed, had custody of, or resided in a residence with prior to May 22, 2012.
         (ORC 955.54)
   (d)   Whoever violates division (a) or (b) of this section is guilty of a misdemeanor of the first degree.
(ORC 955.99(O))
   618.21 SEXUAL CONDUCT WITH AN ANIMAL.
   (a)   As used in this section:
      (1)   "Animal". Means a nonhuman mammal, bird, reptile, or amphibian, either dead or alive.
      (2)   "Offense." Means a violation of this section or an attempt, in violation of R.C. § 2923.02, to violate this section.
      (3)   "Officer." Has the same meaning as in R.C. § 959.132.
      (4)   "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.
(R.C. § 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.
(R.C. § 959.99(E)(6))