505.01 Definitions.
505.02 Duties of the Mayor.
505.03 Duties of the Police Department.
505.04 Duties of the Health Officer.
505.05 Enforcement procedures.
505.06 Prohibited animals.
505.07 Location of yard housing for animals.
505.08 Care requirements; cruelty prohibited.
505.09 Running at large prohibited; exemptions.
505.10 Nuisance activities prohibited.
505.11 Excessive animal noise prohibited.
505.12 Proper confinement of cats and dogs in heat required.
505.13 Special restriction of guard dogs; posting of premises required.
505.14 Maximum number of dogs and cats permitted; prior acquisition not affected.
505.15 Rabies vaccination of dogs and cats.
505.16 Animals in public places prohibited; exemptions.
505.17 Removal of animal feces.
505.18 Reporting animal bites.
505.19 Proper maintenance of animal yard structures and pens.
505.20 Abuse of animals.
505.21 Annual registration of dogs and cats; tags required.
505.22 Exemptions to annual registration.
505.23 Annual licensing of commercial animal establishments; fees.
505.231 Commercial animal establishment.
505.232 Unaltered cat or dog registration.
505.24 License regulations; exemptions.
505.25 Procedure for licensing.
505.26 Expiration of license.
505.27 First license for commercial animal establishment.
505.28 License not transferable.
505.29 License and registration denial, revocation and reinstatement.
505.30 Notification of capture and impoundment.
505.31 Owner liable for violations.
505.32 Period for holding animals.
505.33 Procedure and fees for recovery of animals.
505.34 Procedure and fees for adopting animals.
505.35 Removal and disposal of dead animals.
505.36 Emergency treatment of sick or injured dog or cat.
505.37 Dangerous and potentially dangerous dogs.
505.38 Animals for entertainment or education.
CROSS REFERENCES
See section histories for similar State law
Power to restrain and impound animals - see Ohio R.C. 715.23
Definitions generally - see GEN. OFF. 501.01
Assaulting police dog or horse or handicapped assistance dog - see GEN. OFF. 541.08
Offensive odors from places where animals are kept or fed - see H. & S. 1113.04
As used in this chapter:
(1) "Animal" means any live, vertebrate creature, domestic or wild, other than humans, and including all fowl.
(2) "Animal Control Officer" means any staff person employed at the City Animal Shelter.
(3) "Animal hospital" means any facility which has the primary function of providing medical and surgical care for animals and is operated by a currently licensed veterinarian.
(4) "Animal shelter" means the facility or facilities operated by the City for the purpose of impounding or caring for animals under the authority of this chapter or the laws of the State.
(5) "Breeder" means any person who habitually lodges and/or feeds dogs within such person's house or premises for the purposes of breeding. A breeder may reside only in a U-4 Zoning District except that any breeder residing in any residential district of the City at the time of the adoption of this chapter shall be permitted to continue operation at such location, provided that the breeder is continuously licensed with the City from May 18, 1981, onward.
(6) "Cat" means any member of the Felix catus family, male or female, regardless of age.
(7) "Catterie" means any establishment where cats are kept for the purpose of breeding. Any catterie owner shall reside only in a U-4 Zoning District, except that any person operating a catterie in any residential zoning district of the City at the time of the adoption of this chapter shall be permitted to continue catterie operation at such location, provided that such catterie is continuously licensed with the City from May 18, 1981, onward.
(8) "Chief of Police" means the duly appointed, highest ranking officer in charge of the Police Department or his or her authorized representatives.
(9) "Commercial animal establishment" means any pet shop, grooming shop, guard dog service, business which keeps animals in stock for retail or wholesale trade, or any establishment performing one or more of the principal activities of the aforementioned establishments.
(10) "Dangerous or exotic animal" means any animal, reptile or fowl or other such animal whose normal habitat is some place other than northeast Ohio.
(11) "Dog" means any member of the Canis familiaris, male or female, regardless of age.
(12) "Fowl" means any animal that is included in the zoological classification Aves.
(13) "Health Officer" means the City-County Health Officer, or his or her authorized representative, including any employee of the City-County Health Department.
(14) "Household" means all persons living in the same single-family dwelling unit.
(15) "Humane live animal trap" means any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal.
(16) "Humanely euthanize" means the proper injection of a substance that quickly and painlessly terminates the life of an animal, or any method approved by the American Veterinary Medical Association or the Humane Society of the United States.
(17) "Inhumane or cruel treatment or manner" means any treatment to any animal which deprives the animal of necessary sustenance, including sufficient and wholesome food, potable water and protection from the weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating or teasing, or other abnormal treatment that causes suffering to such animal.
(18) "Kennel" or "shelter" means any premises upon which five or more cats and kittens and/or dogs and puppies are boarded, bred, trained, bought and/or sold, except for commercial animal establishments otherwise enumerated in this chapter.
(19) "Large animals" means any swine, bovine, goat, sheep, beast of burden or any other domestic or wild animal of similar or larger size.
(20) "Neutered" means any male or female cat or dog that has been permanently rendered sterile.
(21) "Owner," "keeper," "harborer," or "person in charge" means any person who feeds and/or shelters, or is in charge of, any animal for twenty-four or more consecutive hours or who professes ownership of such animal. If a minor owns an animal, then the head of any household of which such minor is a member shall be deemed the owner of such animal under this chapter and shall be responsible as the owner. If not a member of a household, such minor shall be directly subject to the provisions of this chapter.
(22) "Person" means an individual, firm, association, joint stock company, syndicate, partnership or corporation.
(23) "Pet owner" means any person, other than those defined in subsections (9) and (18) hereof, who owns dogs or cats that are habitually lodged or fed within such person's house or premises.
(24) "Premises" means any parcel of land and any structure thereon in which any animal regulated by this chapter is housed and/or confined.
(25) "Purebred animal" means bred from members of a recognized breed, strain or unmixed ancestry.
(26) "Small animal" means any animal not within the definition of "large animal," but including all dogs without reference to size.
(27) "Summons" means a violation notice requiring the violator to appear before the Municipal Judge.
(28) "Supervisor" means the Supervisor of Animal Control and any or all other Animal Control Officers and animal control personnel assigned to work under the direct control of the Supervisor of Animal Control who may act through staff to perform any duty under this chapter unless otherwise specifically stated.
(29) "Wild animal" means any animal which is predominantly free-roaming as opposed to domesticated including but not limited to feral cats and feral dogs.
(Ord. 133-1981. Passed 5-18-81; Ord. 245-1989. Passed 11-20-89; Ord. 62-2003. Passed 3-17-03.)
Except where otherwise provided, it shall be the duty of the Mayor, through the Chief of Police and the Supervisor, to administer and enforce the provisions of this chapter directly or through staff assigned to be supervised by the Supervisor. The Supervisor shall keep a record of all Animal Pound transactions and all enforcement and investigative activities conducted by the Supervisor and Animal Control Officers and shelter personnel.
(Ord. 133-1981. Passed 5-18-81; Ord. 62-2003. Passed 3-17-03.)
It shall be the duty of the Animal Control Officer, Health Officer or representative from the Cuyahoga County Board of Health and the Chief of Police to administer and enforce any public health provisions of this chapter directly or through staff assigned to be supervised by such Officer. The Health Officer or representative from the Cuyahoga County Board of Health shall issue standing and/or emergency regulations for rabies control; zoonosis control; the control or elimination of animal pests; animal bite procedures; and standing regulations for the keeping, housing and sale of pets in a commercial facility that the Health Officer finds necessary to protect the public health, which regulations shall be filed with the City Administration, the Animal Control Officer and the Chief of Police.
(Ord. 133-1981. Passed 5-18-81; Ord. 11-2011. Passed 2-22-11.)
(a) The Animal Control Officer, the Health Officer and the Chief of Police are hereby authorized to issue a summons to the owner of any animal in violation of any provision of this chapter, or any regulation issued by the Health Officer. Such person may retain possession of the animal if it is the belief of the officer issuing such summons that such possession is not in conflict with any other provision of this chapter.
(Ord. 133-1981. Passed 5-18-81.)
(b) The Animal Control Officer, the Health Officer and the Chief of Police are hereby authorized to take up and impound any animal found in violation of any provision of this chapter or any regulation issued by the Health Officer, if the person owning such animal cannot be issued a summons because such person is not known or present. Such animal shall be confined at the Animal Pound in a humane manner and shall be released upon satisfactory proof that the party claiming the animal is entitled to possession thereof, and upon payment to the Animal Control Officer of all recovery fees established by ordinance.
(c) In the interest of animal welfare, any person owning any animal in the City by so doing does hereby authorize the Animal Control Officer, the Health Officer or the Chief of Police to enter upon private property, other than within any residence or other structure, where such animal is kept, if there is probable cause to believe the animal is being kept in a cruel or inhumane manner, for the purpose of examining such animal. When, in the opinion of the Animal Control Officer, the Health Officer or the Chief of Police such animal is being kept in an unlawfully cruel or inhumane manner, the Animal Control Officer shall apply to a court of competent jurisdiction for an order to enter the premises, and, if necessary, seize the animal. If the Court finds probable cause to believe the animal is treated inhumanely, it shall issue such an order.
(Ord. 246-1989. Passed 11-20-89.)
(d) Any animal that has bitten a person may be removed from the property of its owner by the Animal Control Officer, the Health Officer or the Chief of Police if such animal is in violation of examination or observation requirements prescribed by regulations of the Health Officer.
(e) The Animal Control Officer, the Health Officer and the Chief of Police are hereby authorized to use humane live animal traps to capture any animal whose presence on private property or public property constitutes a nuisance to persons or a threat to the public health or the health of domestic animals.
(f) No person shall interfere with the duty of the Animal Control Officer, the Chief of Police or the Health Officer by removing, or causing to be removed, the identification tag of any cat or dog without the consent of the owner thereof; refusing to identify himself or herself upon the request of an enforcement officer, when such officer has probable cause to believe that such person has violated this chapter; or in any other manner preventing the lawful discharge of enforcement duties prescribed by this chapter. (Ord. 133-1981. Passed 5-18-81.)
(g) No person shall engage in the housing, storing, care and sale of pets in a commercial facility unless they are in compliance with the regulations set forth by the Cuyahoga County Board of Health. Any person found not in compliance with the Cuyahoga County Board of Health regulations is prohibited from housing, storing, caring for and selling until they are in compliance with the Cuyahoga County Board of Health regulations
(h) Whoever violates subsections (f) or (g) hereof is guilty of a misdemeanor of the third degree, and shall be subject to the penalty provided in Section 599.02. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 11-2011. Passed 2-22-11.)
(a) The owning, keeping or harboring of any wild, dangerous, poisonous or exotic animal, including, but not limited to, lions, tigers, cougars, leopards, cheetahs, jaguars, panthers, bears, chimpanzees, orangutans, baboons, gorillas, poisonous or constricting snakes, wolves, wolf hybrids or any hybrid of a domestic dog with a wild canis, within the City limits, is hereby prohibited.
(Ord. 58-1993. Passed 4-5-93.)
(b) The owning or keeping of any fowl, including, but not limited to, domestic geese, ducks, turkeys, chickens and pigeons, within the City limits, is hereby prohibited, except for caged birds kept as pets within a residence structure. However:
(1) Schools are not prohibited from raising chicks and/or ducks for educational purposes; and
(2) When finished or no later than two weeks after the chicks and/or ducks have hatched, the schools must give the fowl to a farm authorized to handle such animals.
(Ord. 119-1997. Passed 5-19-97; Eff. 6-19-97.)
(c) No livestock, including, but not limited to, horses, mules, cattle, sheep, goats and swine, shall be owned or maintained within the City limits.
(Ord. 133-1981. Passed 5-18-81.)
(d) Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues. The penalty shall be as provided in Section 599.02.
(a) No person shall maintain any animal shelter closer than twenty-five feet to the nearest portion of any building occupied by or in any way used by any person and to the rear of the front building line of the dwelling other than the building or dwelling occupied by the owner of the animal. Any yard housing for animals shall be subject to the maintenance requirements prescribed in Section 505.19.
(Ord. 133-1981. Passed 5-18-81.)
(b) Whoever violates this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in Section 599.02.
(a) No owner, keeper or person in charge of any animal shall do or fail to do anything, which is cruel or inhumane including but not limited to:
(1) Fail to provide sufficient and wholesome food; potable water; shade and protection from the weather, especially if a heat or cold advisory or a severe weather warning has been issued by a local or state authority or the national weather service for the area in which the animal is kept. Protection from the weather shall include a structurally sound, weatherproof enclosure of such size as will permit movement and simultaneously facilitate the preservation of body heat by the animals. It shall have sufficient quantity of suitable bedding material consisting of straw, cedar shavings, or the equivalent. The floor will be solid and raised off the ground. The entrance shall be covered with a flexible windproof material or a self-closing swinging door. A garage, shed or other structure, not designed and built specifically for an animal, shall not be considered suitable housing, unless otherwise specifically found by the Animal Control Officer. Further, no person who owns any animal shall fail to provide such animal adequate opportunity for exercise; regular veterinary care and when needed, veterinary care for injury or illness, unless the animal is instead humanely euthanized; or other care as is needed for the health or well-being of such kind of animal; or
(Ord. 59-1993. Passed 4-5-93.)
(2) Abandon any animal in any place. For the purpose of this provision, "abandon" means for the owner, keeper or person in charge to leave any animal without demonstrated or apparent intent to recover or to resume custody; leave any animal for more than twelve hours without providing for adequate food, potable water and shelter for the duration of the absence; or turn out or release any animal for the purpose of causing it to be impounded; or
(3) Leave any animal unattended in a vehicle when such vehicle does not have adequate ventilation and temperature to prevent suffering, disability or death to such animal.
A. For the purpose of this section, if attempts to locate the vehicle owner fail, any law enforcement officer or animal control officer may take action necessary to rescue a confined animal to remove the threat of further serious harm. The owner, keeper, or person in charge will be liable for all reasonable and necessary impound, board and medical fees.
B. No officer or agent taking action under Section 505.09(a) shall be liable for damages necessary to rescue the confined animal.
(4) Tether an animal in the following circumstances:
A. With a pinch or prong collar;
B. With a tow chain, log chain, padlock chain, or any type of tether unsuitable to the animal’s size and weight;
C. Use a tether less than six feet in length.
D. For the purposes of this section, “tether” means a rope, chain, cord, dog run or pulley, or similar restraint for holding an animal in place, allowing a radius in which it can move about.
(b) Any animal impounded for being kept in violation of this section or Section 505.20(a) may be humanely euthanized upon advice of a licensed veterinarian and by the Supervisor if he or she deems it necessary to relieve suffering. The owner of any animal that is not euthanized shall be entitled to regain custody of such animal only after such custody is authorized by the court. All expenses accrued for the treatment or care of such animal shall be paid by the owner, whether or not he or she seeks to regain custody of such animal.
(Ord. 133-1981. Passed 5-18-81.)
(c) The owner, keeper, or person in charge of any animal who has been charged under this section or Section 505.20(a) who fails to appear in court on the scheduled date to enter a plea or fails to appear on any additional court dates, after entering a plea, without permission from the judge or authorized court employee will have fourteen days from that date to settle the matter with the Court. Failure to comply will result in the animal being held at the shelter to become the property of the City allowing it to be adopted or, if necessary, humanely euthanized.
(d) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. The penalty shall be as provided in Section 599.02.
(Ord. 118-1997. Passed 5-19-97; Eff. 6-19-97; Ord. 216-2001. Passed 12-3-01; Ord. 62-2003. Passed 3-17-03; Ord. 83-2018. Passed 6-4-18.)
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