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Eaton Overview
Codified Ordinances of Eaton, OH
Codified Ordinances of the City of Eaton, Ohio
CERTIFICATION
DIRECTORY OF OFFICIALS
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER
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
PART ELEVEN - UNIFIED DEVELOPMENT ORDINANCE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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505.17 DEFENSES TO VIOLATIONS.
   (a)    It shall be an affirmative defense to a violation of Section 505.16(a)(1) that the dog was:
      (1)    Securely confined in an automobile or cage which was adequately ventilated;
      (2)    Being used for lawful hunting purposes;
      (3)    Being exhibited at a public dog show or public institution; or
      (4)    Engaged in any activity expressly approved by the laws of the State.
 
   (b)   It shall also be an affirmative defense to a violation of Section 505.16(a)(2) and (3) that, at the time of the occurrence, another person, domestic animal or feline was unlawfully on the property owned or exclusively controlled by the owner of such dog, and that such dog was not unsecured.
 
   (c)   No public law enforcement agency or member thereof shall be convicted of a violation of Section 505.16 where the dog is owned by the agency and being utilized for law enforcement purposes.
 
505.18 DOG OWNER LIABLE FOR DAMAGE TO PUBLIC AND PRIVATE PROPERTY.
   The owner, keeper or harborer of any dog which damages or destroys park, public or private property shall be held liable for the full value of the property damaged or destroyed, in addition to any penalty imposed for a violation of any of the provisions of this chapter.
 
505.19 KEEPING OF VICIOUS ANIMALS PROHIBITED.
   (a)    No person shall keep, possess, harbor, maintain or have the care, custody or control of vicious animal in the City.
(Ord. 84-24. Passed 11-27-84.)
 
   (b)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 85-42. Passed 7-9-85.)
 
505.20 DANGEROUS DOGS.
   (a)   Except when a dangerous 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 dog shall fail to do either of the following:
      (1)   While that dog is on the premises of the owner, keeper or harborer, securely confine it at all times in a building, in a locked pen that has a top, locked fenced yard or other locked enclosure that has a top;
      (2)   While that 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:
         A.   Keep that dog in a locked pen that has a top, locked fenced yard or other locked enclosure that has a top;
         B.   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 stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person;
         C.   Muzzle that dog.
 
   (b)   No owner, keeper or harborer of a dangerous dog shall fail to do the following:
      (1)   Obtain liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence because of damage or bodily injury to or death of a person caused by the dangerous dog if so ordered by a court and provide proof of that liability insurance upon request to any law enforcement officer, County Dog Warden, or public health official charged with enforcing this section;
      (2)   Obtain a dangerous dog registration certificate from the County Auditor pursuant to Ohio R.C. 955.22(I), affix a tag that identifies the dog as a dangerous dog to the dog’s collar, and ensure that the dog wears the collar and tag at all times;
      (3)   Notify the local Dog Warden immediately if any of the following occurs:
         A.   The dog is loose or unconfined.
         B.   The dog bites a person, unless the dog is on the property of the owner of the dog, and the person who is bitten is unlawfully trespassing or committing a criminal act within the boundaries of that property.
         C.   The dog attacks another animal while the dog is off the property of the owner of the dog.
      (4)   If the dog is sold, given to another person, or dies, notify the County Auditor within ten days of the sale, transfer or death.
         (ORC 955.22)
 
   (c)   Whoever violates subsection (a) hereof 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 subsection (b) hereof. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the Dog Warden or the humane society at the owner’s expense.
   (d)   (1)   Whoever violates subsection (b)(2) hereof is guilty of a misdemeanor of the fourth degree.
      (2)   Whoever violates subsections (b)(1), (3) or (4) hereof is guilty of a minor misdemeanor. (ORC 955.99)
505.21 REPORTING ESCAPES.
   (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 the Municipality.
   (b)   If the office of the Clerk of the Municipality is closed to the public at the time a report is required by subsection (a) hereof, then it is sufficient compliance with paragraph (a)(2) hereof if the owner or keeper makes the report within one hour after the office is next open to the public.
   (c)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 2927.21)
505.22 FEEDING OF WATERFOWL PROHIBITED.
   (a)    Prohibitions. No person shall feed, cause to be fed, or provide for domestic, migratory, non-migratory waterfowl or resident Canada Geese within the City of Eaton and no person shall create or foster any condition, or allow any condition to exist or continue, which results in a congregation or congestion of domestic, migratory, non-migratory waterfowl or resident Canada Geese.
   (b)    Definitions. For the purposes of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)    Domestic Waterfowl. Non-native ducks, geese, swans, not retained in agricultural operations.
      (2)    Feed or Feeding. The act of or furnishing of food or other sustenance.
      (3)    Migratory Waterfowl. Migration occurs, and waterfowl is considered to be migratory, when large portions of a bird species make regular annual movements between two or more places. Often this migration occurs due to annual temperature changes which affect food resources and breeding opportunities.
      (4)    Non-Migratory Waterfowl. Waterfowl that may fly large distances within a day, but return to a particular area by night. Such species can spend their entire lives in one area.
      (5)    Resident Canada Geese. Canada Geese that nest within the conterminous United States and/or Canada Geese, or domestic waterfowl on any public or private property within the boundaries of the City.
   (c)    Penalty. Whoever violates this Section is guilty of a minor misdemeanor. Any subsequent offense or violation of this Section by the same individual shall be a misdemeanor of the fourth degree punishable by a two hundred fifty dollar ($250.00) fine and thirty (30) days in jail. (Ord. 21-08. Passed 2-18-21.)
505.23 RIGHTS OF BLIND, DEAF OR HEARING IMPAIRED, OR MOBILITY IMPAIRED PERSON, OR TRAINER WITH ASSISTANCE DOG.
   (a)   When either a blind, deaf or hearing impaired, or mobility impaired person, or a training of an assistance dog is accompanied by an assistance dog, the person or trainer, as applicable, is entitled to the full and equal accommodations, advantages, facilities, and privileges of all public conveyances, hotels, and lodging places, all places of public accommodation, amusement, or resort, and other places to which the general public is invited, and may take the dog into such conveyances and places, subject only to the conditions and limitations applicable to all persons not so accompanied, except that:
      (1)   The dog shall not occupy a seat in any public conveyance; and
      (2)   The dog shall be leashed while using the facilities of a common carrier.
      (3)   Any dog in training to become an assistance dog shall be covered by a liability insurance policy provided by the nonprofit special agency engaged in such work protecting members of the public against personal injury or property damage caused by the dog.
   (b)   No person shall deprive a blind, deaf or hearing impaired, or mobility impaired person, or a training of an assistance dog who is accompanied by an assistance dog, of any of the advantages, facilities or privileges provided in subsection (a) of this section, nor charge the person or training a fee or charge for the dog.
(ORC 955.43(A), (B))
   (c)   As used in this section:
      (1)   “Assistance dog” means a dog that has been trained by a nonprofit or for-profit special agency and that is one of the following:
         A.   A guide dog;
         B.   A hearing dog;
         C.   A service dog.
      (2)   “Blind” means either of the following:
         A.   Vision 20/20 or less in the better eye with proper correction;
         B.   Field defect in the better eye with proper correction that contracts the peripheral field so that the diameter of the visual field subtends an angle no greater than twenty degrees.
      (3)   “Guide dog” means a dog that has been trained or is in training to assist a blind person.
      (4)   “Hearing dog” means a dog that has been trained or is in training to assist a deaf or hearing-impaired person.
      (5)   “Institutions of education” means:
         A.   Any state university or college as defined in Ohio R.C. 3345.32;
         B.   Any private college or university that holds a certificate of authorization issued by the Ohio Board of Regents pursuant to Ohio R.C. Chapter 1713;
         C.   Any elementary or secondary school operated by a board of education;
         D.   Any chartered or nonchartered nonpublic elementary or secondary school; or
         E.   Any school issued a certificate of registration by the state Board of Career Colleges and Schools.
      (6)   “Person with a mobility impairment” means any person, regardless of age, who is subject to a physiological impairment regardless of its cause, nature or extent that renders the person unable to move about without the aid of crutches, a wheelchair, or any other form of support, or that limits the person’s functional ability to ambulate, climb, descend, sit, rise, or perform any related function. The phrase includes a person with a neurological or psychological disability that limits the person’s functional ability to ambulate, climb, descend, sit, rise or perform any related function. The phrase also includes a person with a seizure disorder and a person who is diagnosed with autism.
      (7)   “Service dog” means a dog that has been trained or is in training to assist a person with a mobility impairment.
         (ORC 955.011(B), 955.43(C))
   (d)   Whoever violates any provision of this section shall be guilty of a misdemeanor of the fourth degree. (ORC 955.99(D))
505.99 PENALTY.
   (EDITOR'S NOTE: See Section 501.99 for general Code penalty if no specific penalty is provided.)