(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.)