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505.07 CRUELTY TO ANIMALS; CRUELTY TO COMPANION ANIMALS.
   (a)   No person shall:
      (1)   Torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during the confinement with a sufficient quantity of good wholesome food and water;
      (2)   Impound or confine an animal without affording it, during the confinement, access to shelter from wind, rain, snow, or excessive direct sunlight, if it can reasonably be expected that the animal would otherwise become sick or in some other way suffer. This division does not apply to animals impounded or confined prior to slaughter. For the purpose of this section, "shelter" means an artificial enclosure, windbreak, sunshade, or natural windbreak or sunshade that is developed from the earth’s contour, tree development, or vegetation;
      (3)   Carry or convey an animal in a cruel or inhuman manner;
      (4)   Keep animals other than cattle, poultry or fowl, swine, sheep, or goats in an enclosure without wholesome exercise and change of air, nor feed cows on food that produces impure or unwholesome milk;
      (5)   Detain livestock in railroad cars or compartments longer than 28 hours after they are so placed without supplying them with necessary food, water, and attention, nor permit the stock to be so crowded as to overlie, crush, wound, or kill each other.
   (b)   Upon the written request of the owner or person in custody of any particular shipment of livestock, which written request shall be separate and apart from any printed bill of lading or other railroad form, the length of time in which the livestock may be detained in any cars or compartment without food, water, and attention may be extended to 36 hours without penalty therefor. This section does not prevent the dehorning of cattle.
   (c)   All fines collected for violations of this section shall be paid to the society or association for the prevention of cruelty to animals, if there is one in the municipality; otherwise, all fines shall be paid to the general fund.
(ORC 959.13)
   (d)   Cruelty to Companion Animals.
      (1)   As used in this section:
         A.   “Animal rescue for dogs.” Has the same meaning as in R.C. § 956.01.
         B.   “Boarding kennel.” Has the same meaning as in R.C. § 956.01.
         C.   “Captive white-tailed deer.” Has the same meaning as in R.C. § 1531.01.
         D.   “Companion animal.” Any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept, including a pet store as defined in R.C. § 956.01. “Companion animal” does not include livestock or any wild animal.
         E.   “Cruelty.” Has the same meaning as in R.C. § 1717.01.
         F.   “Dog kennel.” Means an animal rescue for dogs, a boarding kennel, or a training kennel.
         G.   “Federal Animal Welfare Act.” The “Laboratory Animal Act of 1966”, Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C. §§ 2131 et seq., as amended by the “Animal Welfare Act of 1970”, Pub. L. No. 91-579, 84 Stat. 1560 (1970), the “Animal Welfare Act Amendments of 1976”, Pub. L. No. 94-279, 90 Stat. 417 (1976), and the “Food Security Act of 1985”, Pub. L. No. 99-198, 99 Stat. 1354 (1985), and as it may be subsequently amended.
         H.   “Livestock.” Means horses, mules, and other equidae; cattle, sheep, goats, and other bovidae; swine and other suidae; poultry; alpacas; llamas; captive white-tailed deer; and any other animal that is raised or maintained domestically for food or fiber.
         I.   “Practice of veterinary medicine.” Has the same meaning as in R.C. § 4741.01.
         J.   “Residential dwelling.” A structure or shelter or the portion of a structure or shelter that is used by one or more humans for the purpose of a habitation.
         K.   “Serious physical harm.” Means any of the following:
            1.   Physical harm that carries an unnecessary or unjustifiable substantial risk of death;
            2.   Physical harm that involves either partial or total permanent incapacity;
            3.   Physical harm that involves acute pain of a duration that results in substantial suffering or that involves any degree of prolonged or intractable pain.
         L.   “Torment.” Has the same meaning as in R.C. § 1717.01.
         M.   “Torture.” Has the same meaning as in R.C. § 1717.01.
         N.   “Training kennel.” Means an establishment operating for profit that keeps, houses, and maintains dogs for the purpose of training the dogs in return for a fee or other consideration.
         O.   “Wild animal.” Has the same meaning as in R.C. § 1531.01.
      (2)   No person shall knowingly torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill or commit an act of cruelty against a companion animal.
      (3)   No person shall knowingly cause serious physical harm to a companion animal.
      (4)   No person who confines or who is the custodian or caretaker of a companion animal shall negligently do any of the following:
         A.   Torture, torment, or commit an act of cruelty against the companion animal;
         B.   Deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation or confinement;
         C.   Impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the lack of adequate shelter.
      (5)   No person who confines or who is the custodian or caretaker of a companion animal shall recklessly deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water.
      (6)   No owner, manager, or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal shall knowingly do any of the following:
         A.   Torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against the companion animal;
         B.   Deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water if it is reasonably expected that the companion animal would die or experience unnecessary or unjustifiable pain or suffering as a result of the deprivation or confinement;
         C.   Impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight if it is reasonably expected that the companion animal would die or experience unnecessary or unjustifiable pain or suffering as a result of or due to the lack of adequate shelter.
      (7)   No owner, manager, or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal shall negligently do any of the following:
         A.   Torture, torment, or commit an act of cruelty against the companion animal;
         B.   Deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation or confinement;
         C.   Impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the lack of adequate shelter.
      (8)   Divisions (d)(2), (d)(3), (d)(4), (d)(5), (d)(6), and (d)(7) of this section do not apply to any of the following:
         A.   A companion animal used in scientific research conducted by an institution in accordance with the federal animal welfare act and related regulations;
         B.   The lawful practice of veterinary medicine by a person who has been issued a license, temporary permit, or registration certificate to do so under Ohio R.C. Chapter 4741;
         C.   Dogs being used or intended for use for hunting or field trial purposes, provided that the dogs are being treated in accordance with usual and commonly accepted practices for the care of hunting dogs;
         D.   The use of common training devices, if the companion animal is being treated in accordance with usual and commonly accepted practices for the training of animals;
         E.   The administering of medicine to a companion animal that was properly prescribed by a person who has been issued a license, temporary permit, or registration certificate under Ohio R.C. Chapter 4741.
      (9)   Notwithstanding any section of the Ohio Revised Code that otherwise provides for the distribution of fine moneys, the Clerk of Court shall forward all fines the Clerk collects that are so imposed for any violation of this division (d) to the Treasurer of the municipality, whose county humane society or law enforcement agency is to be paid the fine money as determined under this division. The Treasurer shall pay the fine moneys to the county humane society or the county, township, municipal corporation, or state law enforcement agency in this state that primarily was responsible for or involved in the investigation and prosecution of the violation. If a county humane society receives any fine moneys under this division, the county humane society shall use the fine moneys either to provide the training that is required for humane society agents under R.C. § 1717.061 or to provide additional training for humane society agents.
(R.C. § 959.131)
   (e)   Whoever violates division (a) of 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))
   (f)   (1)   Whoever violates division (d)(2) or (d)(5) of this section is guilty of a misdemeanor of the first degree on a first offense and a felony to be prosecuted under appropriate state law on each subsequent offense.
      (2)   Whoever violates division (d)(3) of this section is guilty of a felony to be prosecuted under appropriate state law.
      (3)   Whoever violates division (d)(4) of this section is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
      (4)   Whoever violates division (d)(6) of this section is guilty of a felony to be prosecuted under appropriate state law.
      (5)   Whoever violates division (d)(7) of this section is guilty of a misdemeanor of the first degree.
      (6)   A.   A court may order a person who is convicted of or pleads guilty to a violation of division (d) of this section to forfeit to an impounding agency, as defined in Ohio R.C. 959.132, any or all of the companion animals in that person’s ownership or care. The court also may prohibit or place limitations on the person’s ability to own or care for any companion animals for a specified or indefinite period of time.
         B.   A court may order a person who is convicted of or pleads guilty to a violation of division (a) of this section or division (d) of this section to reimburse an impounding agency for the reasonably necessary costs incurred by the agency for the care of a companion animal that the agency impounded as a result of the investigation or prosecution of the violation, provided that the costs were not otherwise paid under R.C. § 959.132.
      (7)   If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of division (d) of this section has 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))
Statutory reference:
   Impoundment of companion animals; notice and hearing, see Ohio R.C. 959.132
505.075 TETHERING COMPANION ANIMALS.
   (a)   For purposes of this section, "companion animal" means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept, including a pet store as defined in Ohio R.C. 956.01. "Companion animal" does not include livestock or any wild animal.
   (b)   "Tether" means a rope, chain, cord or pulley, or similar restraint for holding an animal in place, allowing a radius in which it can move about.
   (c)   Tethering a companion animal in any and/or all of the following circumstances is strictly prohibited:
      (1)   For a total of more than ten hours within a 24 hour period;
      (2)   Between the hours of 10:00 p.m. and 6:00 a.m. for a time period in excess of ten minutes, if the companion animal is unaccompanied by its owner;
      (3)   In the event that a heat or cold advisory or a severe weather warning has been issued by the National Weather Service for the City of Elyria or area including same;
      (4)   If the tether is less than five times the companion animal's length. No tether shall be shorter than 15 feet in length, regardless of the companion animal's length;
      (5)   If the tether allows the companion animal to move beyond its owner's property line or traverse residential boundary lines, public property, or right-of-way, including, but not limited to, the sidewalk;
      (6)   If the tether is attached by means of a pinch, prong or choke-type collar, or if the collar, harness, or attachment is otherwise unsafe, improperly fitted or otherwise poses risk of injury or entanglement of the companion animal;
      (7)   If the companion animal is not provided with a sanitary environment, free from an accumulation of animal waste and in accordance with all provisions of this chapter, including but not limited to sufficient quantities of suitable food, potable water and appropriate shelter from the elements;
      (8)   If the tether is constructed of a material that is unsuitable for the companion animal's size and/or weight or that causes any unnecessary discomfort to the animal;
      (9)   If the tether is a tow chain, log chain or similar apparatus;
      (10)   If the companion animal is not tethered with a lead that exceeds one-eighth of the companion animal's body weight.
   (d)   A violation of this section shall result in a minor misdemeanor for the first offense, a misdemeanor of the fourth degree on the second offense and a misdemeanor of the first degree on the third or any subsequent offense.
   (e)   Notwithstanding the foregoing penalties, if a companion animal is injured as a result of a violation of this section, said violation shall be a misdemeanor of the first degree.
(Ord. 2016-101. Passed 8-1-16.)
505.08 NUISANCE CONDITIONS PROHIBITED.
   (a)   No person shall keep or harbor any animal or fowl in the Municipality so as to create noxious or offensive odors or unsanitary conditions which are a menace to the health, comfort or safety of the public.
   (b)   Any animal that scratches, digs or defecates upon any property, other than the property of the owner or person in charge or control of such animal is hereby declared to be a nuisance.
   (c)   No person, being the owner or person in charge or control of any animal, shall allow or permit such animal to commit a nuisance on any property, other than that of the owner or person in charge or control of such animal, without the permission of the owner of such property. Where the owner or person in charge or control of such animal immediately removes all feces deposited by such animal and disposes of the same in a sanitary manner, such nuisance shall be considered abated.
   (d)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 94-311. Passed 12-19-94.)
505.09 ANIMALS DISTURBING THE PEACE.
   (a)   No person shall keep, harbor or own any dog or other animal, within the City, which, by frequent, habitual, constant or continuous loud barking, yelping or howling, or the making of noise, causes disturbance to any person, or which, by constant threat of attacking or biting, causes annoyance, disturbance, or threat to any person. No person shall keep, harbor or own any dog or other animal which, by its constant or continuous conduct, destroys, damages or injures another person or another person's personal or real property within the City.
   (b)   Whoever violates this section is guilty of a minor misdemeanor. The owner, keeper or harborer of any animal which damages or destroys 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 this section.
(Ord. 79-215. Passed 9-5-79.)
505.10 ANIMAL BITES; REPORTS AND QUARANTINE.
   (a)   No person who is an owner or harborer of a dog, cat or any other animal which is capable of contracting rabies, and for which a rabies vaccination is available, shall fail to have such dog, cat or other animal vaccinated by a licensed veterinarian.
   (b)   Whenever any person is bitten by a dog or other animal, a report of such bite shall be made to the Health Officer within twenty-four hours. The dog or other animal inflicting a bite shall immediately be examined by a qualified veterinarian and results of such examination shall be reported to the Health Officer within twenty-four hours. At the direction of the Health Officer, the dog or other animal shall either be confined by its owner or harborer to its premises away from the public at large, or be placed under supervision of a veterinarian at the owner's or harbor's expense. The isolation or observation period shall not be less than ten days from the date the person was bitten, at which time a report of the condition of the animal shall be made to the Health Officer.
   No person shall fail to comply with the requirements of this subsection or with any order of the Health Officer made pursuant thereto, nor fail to immediately report to the Health Officer any symptom or behavior suggestive of rabies.
   This subsection shall not apply to any dog in the possession of, owned by or used by or on behalf of any law enforcement agency in the performance of its regular and customary duties, provided such dog has in effect a current valid rabies vaccination.
   (c)   If the Health Officer or Animal Warden has grounds to believe that an animal that has bitten has not been vaccinated for rabies, the Health Officer or Animal Warden shall cause such animal to be seized and quarantined with a licensed veterinarian. The cost of such quarantine shall be borne by the owner or harbor of such animal.
   (d)   (1)   Any owner of any animal known to have or suspected of having rabies or having been subjected to rabies shall immediately notify the Police Division or the Health District thereof, and immediately surrender the animal to the Animal Warden or Health Officer of the City upon demand of such officer.
      (2)   No owner knowing or suspecting that any animal has rabies shall allow such animal to be taken off the owner's premises without the permission of the Animal Warden or Health Officer.
      (3)   The Animal Warden or Health Officer, upon ascertaining that any animal is rabid, shall immediately remove the animal to the County Dog Pound or summarily destroy it.
   (e)   Whoever violates any of the provisions of this section is guilty of a minor misdemeanor.
(Ord. 88-219. Passed 6-27-88; Ord. 88-265. Passed 9-6-88; Ord. 2004-140. Passed 9-20-04.)
505.11 HUNTING PROHIBITED.
   (a)   No person shall hunt, kill or attempt to kill any animal or fowl by the use of firearms, bow and arrow, air rifle or any other means within the corporate limits of the Municipality.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
505.12 COLORING RABBITS AND BABY POULTRY; SALE OR DISPLAY OF POULTRY.
   (a)   No person shall dye or otherwise color any rabbit or baby poultry, including, but not limited to, chicks and ducklings. No person shall sell, offer for sale, expose for sale, raffle or give away any rabbit or baby poultry which has been dyed or otherwise colored. No poultry younger than four weeks of age may be sold, given away or otherwise distributed to any person in lots of less than three. Stores, shops, vendors and others offering young poultry for sale or other distribution shall provide and operate brooders or other heating devices that may be necessary to maintain poultry in good health, and shall keep adequate food and water available to the poultry at all times.
(ORC 925.62)
   (b)   Whoever violates this section is guilty of a misdemeanor of the fourth degree on a first offense; each subsequent offense is a misdemeanor of the third degree.
(ORC 925.99(B))
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