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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.)
(a) No owner, keeper, harborer, handler or person in charge of any animal, including, but not limited to, dogs and cats, shall permit such animal to run at large within the City at any time. Any animal shall be deemed running at large when such animal is not inside a resident structure, secure fence or pen; on a leash and held by a person capable of controlling such animal; or tethered in such a manner as to prevent its getting on the public right of way or another's property. This provision shall not apply to dogs being obedience trained by a certified trainer.
(Ord. 139-1989. Passed 6-19-89.)
(b) No person shall permit a County or City registration tag to be worn by any animal other than the animal for which such tag is issued.
(Ord. 133-1981. Passed 5-18-81.)
(c) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the second 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. 12-2010. Passed 2-1-10.)
(a) The owner, keeper, harborer, handler or person in charge of any animal shall take all reasonable measures to keep such animal from becoming a nuisance. For the purpose of this provision, "nuisance" means any animal which:
(1) Molests or interferes with persons in the public right of way;
(2) Attacks or injures persons or other domestic animals;
(3) Damages public or private property by its activities or with its excrement;
(4) Scatters refuse that is bagged or otherwise contained;
(5) Causes any condition which threatens or endangers the health or well-being of persons or other animals;
(6) Attacks, injures or kills wildlife while at large.
(Ord. 133-1981. Passed 5-18-81; Ord. 62-2003. Passed 3-17-03.)
(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.
(Ord. 12-2010. Passed 2-1-10.)
(a) No owner, keeper, harborer, handler or person in charge of any animal shall permit such animal to make excessive noise that disturbs a neighbor. The following definitions and conditions shall apply to this provision:
(1) "Excessive noise" means any animal noise which is so loud and continuous or untimely so as to disturb the sleep or peace of a neighbor.
(2) "Neighbor" means any person residing in a residence structure which is within 100 yards of the property on which the animal is owned.
(Ord. 133-1981. Passed 5-18-81; Ord. 117-1997. Passed 5-19-97; Eff. 6-19-97.)
(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.
(Ord. 12-2010. Passed 2-1-10.)
(a) The owner, keeper, harborer, handler or person in charge of any female dog or cat shall, during the period that such animal is in heat, keep it securely confined and enclosed within a building, except when out upon such person's property briefly for toilet purposes and while in the presence of the owner.
(Ord. 133-1981. Passed 5-18-81.)
(b) Whoever violates or fails to comply with this section is guilty of a misdemeanor of the second 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.
(Ord. 118-1997. Passed 5-19-97; Eff. 6-19-97; Ord. 12-2010. Passed 2-1-10.)
(a) Any person owning a trained guard dog, which for the purpose of this section means a dog used to guard public or private property, in the City, shall register such dog with the Supervisor, who shall verify that such animal is controllable by its keeper and is confined in a manner that will not endanger persons not on the premises guarded.
(b) A conspicuous notice shall be posted on the premises where any guard dog is kept to warn persons of the nature of the dog therein confined.
(c) Any person operating a guard dog service in the City shall register such business with the Supervisor and shall list all premises to be guarded with the Supervisor before such service begins.
(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 pet owner shall, after the effective date of this section (Ordinance 245-1989, passed November 20, 1989), be permitted to keep more than four dogs, puppies, cats or kittens, over three months of age, or any combination thereof, within the City. However, any pet owner owning more than four of such animals shall be permitted to continue such ownership, whenever any of such animals dies, is sold or is given away, such pet owner shall not be permitted to replace such animal if such replacement would bring the total number of animals to more than four. In addition, there shall not be more than one pet owner permitted in any dwelling unit in the City.
(Ord. 245-1989. Passed 11-20-89.)
(b) Whoever violates or fails to comply with 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) Any person owning any dog or cat over ninety days of age shall be required to have such animal currently immunized against rabies. For the purpose of this chapter, "currently immunized" or "vaccinated" against rabies means that such animal has been inoculated against rabies by a licensed veterinarian within the past twelve months following such animal's initial vaccination and within the past thirty-six months following such animal's subsequent vaccinations. In order to be "currently immunized," the owner must have valid verification of vaccination from a licensed veterinarian. Regardless of the animal's age at initial vaccination, a second vaccination shall be given one year later. This provision shall not apply to any catterie breeder duly licensed under the provisions of this chapter.
(Ord. 39-1996. Passed 2-5-96; Eff. 3-5-96.)
(b) Whoever violates or fails to comply with 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. Whoever violates this section may execute a waiver and pay the Police Department the sum of fifty dollars ($50.00), if paid within seventy-two hours after the violation. Whoever fails to pay said sum within the seventy-two hour waiver period shall be bound over to the Municipal Court, and if found guilty, shall be subject to the penalty provided in Section 599.02. A chronic or repeat offender under this section shall not be permitted to execute a waiver, shall be bound over to the Municipal Court and shall be subject to the penalty provided in Section 599.02. A chronic or repeat offender is any person who has been cited at least three times during the previous 365 days (one year) for violations of this section.
(Ord. 62-2003. Passed 3-17-03.)
(a) No person being the owner, keeper, or harborer of any animal shall allow such animal to enter upon any private property, other than that of the owner, keeper or harborer of such animal, without the approval of the owner of such property. In addition, the owner, keeper, or harborer of any dogs or other animals shall be prohibited from taking dogs or other animals into public buildings, school grounds, the golf course and other City-owned property.
(Ord. 122-1991. Passed 3-18-91; Ord. 165-2000. Passed 6-19-00; Ord. 62-2003. Passed 3-17-03; Ord. 163-2018. Passed 12-3-18.)
(b) Animals designated as service animals shall not be prohibited under this section, and a person who is accompanied by a service animal shall be able to enter all places into which the public is invited. A service animal is defined as being any animal that has been specifically trained to provide assistance to an individual who is disabled.
(c) A designated canine will be permitted on public grounds within the City for the specific purpose of discouraging Canada geese from nesting in areas such as public parks, playgrounds and golf courses.
(d) The canine will be under the direct supervision of its owner at all times. The owner shall provide to the Animal Control Department a current dog license, rabies tag number and current photograph of the canine.
(e) The designated canine will be permitted in public areas subject to a schedule created by the Director of Parks and Recreation to be adhered to by the canine's owner. Any changes to the schedule must be pre-approved by the Director of Parks and Recreation. A current copy of the schedule must be kept on file at the Animal Control Department at all times.
(f) The owner is responsible for seeing that the assignments and duties of the designated canine are carried out in accordance with all City, State and Federal laws.
(g) Whoever violates or fails to comply with 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.
(Ord. 302-1998. Passed 12-21-98; Eff. 1-21-99; Ord. 161-2009. Passed 9-8-09.)
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