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Elyria Overview
Elyria, OH Code of Ordinances
CODIFIED ORDINANCES OF THE CITY OF ELYRIA, OHIO
DIRECTORY OF OFFICIALS (2024)
PRELIMINARY UNIT
CHARTER OF THE CITY OF ELYRIA, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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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))
505.13 BURYING DEAD ANIMALS.
   (a)   No person shall fail to bury any dead domestic animal of which he is the owner or which he may have in his custody or control, sufficiently to prevent any noxious or offensive smell arising from the decay or decomposition of such dead animal, and such person shall be liable to pay anyone who buries such dead animal a reasonable compensation therefor.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
505.14 BARKING OR HOWLING DOGS.
   (a)   No person shall keep or harbor any dog within the Municipality which, by frequent and habitual barking, howling or yelping, creates unreasonably loud and disturbing noises of such a character, intensity and duration as to disturb the peace, quiet and good order of the Municipality. Any person who shall allow any dog habitually to remain, be lodged or fed within any dwelling, building, yard or enclosure, which he occupies or owns, shall be considered as harboring such dog.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
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