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(a) No person shall keep or maintain any animal in any yard structure or area that is not clean, dry and sanitary, free from debris and offensive odors and free of rodents and vermin.
(Ord. 245-1989. Passed 11-20-89.)
(b) All animal pens and yards shall be so located that adequate drainage is obtained, normal drying occurs and standing water is not present.
(Ord. 133-1981. Passed 5-18-81.)
(c) All premises, other than private residences, on which animals are kept, shall be subject to inspection by the Health Officer and/or the Animal Control Officer. If the Health Officer or the Animal Control Officer determines from such inspection that the premises are not being maintained in a clean and sanitary manner, he or she shall notify the owner of the animal in writing to correct the sanitation deficiencies within twenty-four hour after notice is served. If the sanitation deficiencies continue after the initial twenty-four hours notice is given, the Health Officer or the Animal Control Officer shall, at his or her discretion, either issue another twenty-four hour notice of violation or issue a citation. Once the owner of the animal has received one notice of sanitation deficiencies, if any subsequent inspections reveal sanitation deficiencies, a citation will be issued. Any animal kept under any condition which could endanger the public or the animal's health or create a health nuisance may be impounded. Animals shall be released after fees are paid and cause for impoundment has been corrected.
(Ord. 171-1994. Passed 6-20-94.)
(d) No person shall feed any animal including but not limited to wild animals, birds, other wildlife or domestic animals other than in suitable containers for food elevated at least forty-eight inches above the ground level and of such design and construction as to minimize the potential for food and/or seed from spilling or dropping to the ground. Such feeding shall be allowed so long as it does not create a nuisance or interfere with another's property. Such nuisance activity shall include, but not be limited to: excessive animal noise, excessive amounts of animal droppings, attracting enough animals to burden neighboring properties, birds perching on neighboring properties as a result of food availability, garbage left where it may attract wildlife, or debris that may provide a nesting area.
(Ord. 162-1990. Passed 5-21-90; Ord. 84-2000. Passed 4-3-00.)
(e) This section shall not apply to owners feeding their own pets on their property as long as by doing so it does not create a nuisance or attract any other animals, birds or rodents.
(f) Whoever violates or fails to comply with 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 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. 62-2003. Passed 3-17-03.)
(a) No person shall willfully and wantonly kill, beat, cruelly ill-treat, torment, overload, overwork, do or fail to do anything which is cruel or inhumane or otherwise abuse any animal.
(Ord. 120-1997. Passed 5-19-97; Eff. 6-19-97; Ord. 62-2003. Passed 3-17-03.)
(b) The operator of a motor vehicle which strikes any animal shall, as soon as possible, report the accident to the Supervisor or the Police Department.
(c) No person shall offer to give any live animal as a prize or business inducement.
(d) No person shall sell within the City any animal or fowl whose owning is prohibited by this chapter or sell or display any animal that has been artificially dyed or colored.
(e) No person shall expose any known poisonous substance whether mixed with food or not, so that the same shall be liable to be eaten by any animal.
(f) No person shall use a spring steel trap in the City limits except rat and mouse traps.
(g) No person shall willfully kill any bird or molest the nest of such birds.
(h) No person shall, without the knowledge or consent of the owner, hold or retain possession of any animal of which he or she is not the owner for more than seventy-two hours without first reporting the possession of such animal to the Supervisor.
(Ord. 133-1981. Passed 5-18-81.)
(i) This section shall not preclude authorized pest control activities performed by any of the following individuals:
(1) Persons certified by the Ohio Department of Agriculture; or
(2) Persons under their direct supervision; or
(3) Any other governmental agency; or
(4) Any persons engaged in pest control activities upon or within premises under their control or supervision.
(j) However, any materials used for pest control purposes shall meet the following conditions:
(1) The materials shall be approved by either the United States Environmental Protection Agency or the Ohio Environmental Protection Agency; and
(2) Materials shall be applied in strict accordance with the labeled directions; and
(3) The materials shall be applied in a manner that does not create a substantial risk of harm to any animal or bird other than the targeted pest(s).
(k) Individuals described in paragraphs (i)(1) and (i)(2) hereof shall give prior notice of their pest control activities to the office of the Animal Warden.
(l) Any person authorized to conduct pest control activities under and in accordance with this subsection shall dispose of the resultant carcasses in a reasonable manner.
(Ord. 10-1994. Passed 1-18-94.)
(m) Whoever violates or fails to comply with 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 or noncompliance occurs or continues. The penalty shall be as provided in Section 599.02.
(Ord. 120-1997. Passed 5-19-97; Eff. 6-19-97.)
(a) Except for guide, leader or listener dogs, or dogs in training to become guide, leader or listener dogs, registered under Ohio R.C. 955.011, and dogs kept by an institution or organization for teaching or research purposes under Ohio R.C. 955.16, no person shall own, keep or harbor a dog more than three months of age without annually registering such dog with the County Auditor. No owner of a dog, except a dog constantly confined to a registered kennel, shall fail to require the dog to wear, at all times, a valid tag issued in connection with a certificate of registration. Failure of any dog at any time to wear a valid registration tag shall be prima-facie evidence of lack of registration and subject such dog to impounding and disposition as provided by Ohio R.C. 955.16.
(Adopting Ordinance)
(b) No owner, keeper or harborer of any cat more than three months of age shall, on or after the first day of the preceding December, but before the twentieth day of January, fail to register his or her cat with the City.
(1) Registration must be made by the twentieth day of January every three years or a penalty in the same amount as the fee for the registration will be assessed to the owner, harborer or keeper.
(2) Fees for registration shall be as follows: For each spayed or neutered cat, six dollars ($6.00); for each unaltered cat eight dollars ($8.00). Registration shall state the age, sex, color, length of hair and breed, if known, of the cat, and the name, address and telephone number of the owner. If the owner furnishes, at the time of registration, either a certificate from a licensed veterinarian verifying that the cat should not be spayed or neutered because of its age or medical condition, or that the cat has been spayed or neutered, then the higher fee is not required.
(3) Owners shall be issued a metal tag for each cat registered.
(4) Veterinarians licensed and doing business in the City are hereby authorized to be vendors of the license tags and may charge an additional fee, not to exceed fifty cents ($.50), to defray administrative costs.
(5) Every cat, except those being shown at an organized cat show, shall at all times wear a valid tag. Failure at any time to wear such tag shall be prima-facie evidence of lack of registration.
(Ord. 145-1994. Passed 6-6-94.)
(c) 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. 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.)
Any other section of this chapter notwithstanding, the registration provision of Section 505.21 shall not apply to any nonresident owner of any dog while such person is passing through the City, provided such dog shall remain on a leash or otherwise be effectively restrained while within the City.
(Ord. 133-1981. Passed 5-18-81.)
(a) No person, either as owner or agent, representative, employee or bailee of an owner shall operate a commercial animal establishment without being licensed for that activity.
(b) Any establishment or individual holding such license shall not be required to register individual animals as outlined in Section 505.21.
(c) Any person desiring to obtain or annually renew a license to operate a commercial animal establishment, or kennel shall file an application with the City and pay an appropriate fee, as follows:
(1) Each Commercial Animal Establishment $100.00
A. Proof of animal vaccination required
(2) Each grooming shop $100.00
(3) Each guard dog service $150.00
(d) A Commercial Animal Establishment must be in compliance with all requirements listed in Section 505.231 before being granted a license and or a renewal of said license.
(e) Licenses issued under this section are not transferable.
(f) Commercial animal establishments must conspicuously display the license on the premises where the animals are kept for sale so that the license may be readily seen by potential consumers.
(g) No person who has been convicted of animal cruelty may be licensed to operate a commercial animal establishment, kennel or shelter within 5 years subsequent to that conviction. If a current licensee is convicted of animal cruelty, the licensee shall notify the City within 15 days of the conviction and the license shall be revoked upon receipt of notification.
(h) 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. 121-2011. Passed 9-6-11.)
A Commercial Animal Establishment must:
(a) Comply with Section 505.08; and
(b) Provide Sanitary Conditions.
(1) Facilities for pet animals shall be maintained to ensure that said facilities are clean and sanitary;
(2) Facilities shall be vermin-proof and free of vermin;
(3) Food remnants, manure and any other organic wastes stored on the Commercial Animal Establishment premises shall be kept in tight, covered containers.
(c) Provide Veterinary Care.
(1) The Commercial Animal Establishment, under the supervision of a veterinarian, shall establish programs of disease control and prevention, euthanasia and adequate veterinary care;
(2) All pet animals shall be observed daily for the purpose of monitoring health, nutrition and well being;
(3) Any pet animal which exhibits signs of sickness, disease and/or injuries shall be isolated from the other pet animals and given veterinarian care without delay when needed:
A. To prevent suffering;
B. To prevent disease transmission;
(4) Animals that become seriously ill or seriously injured must be diagnosed by a veterinarian in a timely manner and the prescribed therapy followed. Sick or injured animals must be:
A. Provided with timely veterinary treatment as needed for the health and well-being of the animal;
B. Euthanized humanely and promptly by the Commercial Animal Establishment's attending veterinarian; or: surrendered, with the express consent of the recipient, to an approved local public or private animal shelter;
(5) Animals cannot be euthanized in any way except through the most current, approved euthanasia methods established by the American Veterinary Medical Association panel on euthanasia.
(d) Provide Enclosures and Adequate Space.
(1) Enclosures must permit the pet animals therein to freely stand, sit, lie down, turn around and make other postural adjustments without any interference;
(2) Enclosures for birds and other pet animals that fly shall be large enough to allow pet animals to fly, hop and perform other activities without obstruction;
(3) All enclosures shall be clean and sanitary and protect the pet animals from adverse conditions, including but not limited to unsuitable weather conditions, too much direct sunlight and improper lighting;
(4) The floor for the pet animals must be suitable to prevent injury and/or discomfort;
(5) Pet animals housed in the same primary enclosure shall be housed in compatible groups without overcrowding;
(6) Dogs and cats shall be separated from one another.
(e) Ensure Adequate Temperature and Ventilation.
(1) The ventilation must be adequate to maintain the health and comfort of all pet animals;
(2) The ventilation system must provide fresh air by means of windows doors, vents and/or air conditioning and be designed to maintain drafts, odors and the condensation of moisture at a minimum;
(3) The ventilation system shall not cause odors to be emitted to neighbors of pet store;
(4) Air conditioning and/or exhaust fans and vents must be utilized in the event the temperature in the Commercial Animal Establishment reaches 85ºF or greater;
(5) The air exchange must be 10/12 changes per hour.
(6) Comply with OAC Chapter 4101:2-39 of the Ohio Mechanical Code.
(f) Require That Pet Animals Reach a Minimum Age Prior to Sale.
(1) No dog or cat shall be sold prior to it reaching the age of eight weeks;
(2) No guinea pig, hamster or rabbit shall be sold prior to it reaching the age of four weeks.
(g) Ensure Sale of Healthy Pet Animals.
(1) Commercial Animal Establishment shall take all reasonable steps to sell healthy pet animals;
(2) In the event the Commercial Animal Establishment sells an unhealthy pet animal, all defects shall be disclosed to the purchaser;
(3) In no event shall the Commercial Animal Establishment sell any pet animal that has a contagious disease.
(h) Ensure Humane Handling of Animals.
(1) All pet animals shall be handled in a manner that will not cause discomfort, stress and/or physical harm.
(2) The Commercial Animal Establishment operator or an agent of the operator must be present at least once daily for general care and maintenance of the animals in the custody of the Commercial Animal Establishment;
(3) Commercial Animal Establishment operators and their agents must wash their hands before and after handling each animal;
(4) Provide adequate socialization and exercise for all animals in the custody of the Commercial Animal Establishment.
(i) Animal Spay, Neuter Requirements.
(1) A fee prescribed by ordinance shall be required for all cats and dogs sold that are not spayed or neutered unless that animal is licensed by a veterinarian to be incapable of breeding or being bred.
(j) Provide for the Sterilization of Pet Dogs and Cats Prior to Sale.
(1) A dog or cat shall not be sold by a Commercial Animal Establishment unless:
A. The animal has already been sterilized;
B. The purchaser signs an agreement to have the animal sterilized by a licensed veterinarian: (i) within 30 days of the purchase, if the animal is sexually mature; or (ii) within 30 days after the animal reaches six months of age, if the animal is not sexually mature at the time of purchase; or
C. A licensed veterinarian issues a written statement that the life or health of the animal may be jeopardized by sterilization.
(2) A pet store may extend for 30 days the date by which a dog or cat must be sterilized on presentation of a written report from a licensed veterinarian, stating that short-term illnesses or circumstances may cause the life or health of the animal to be jeopardized by sterilization. In cases involving extenuating circumstances, the veterinarian and pet store may negotiate the terms of an extension of the date by which the animal must be sterilized;
(3) Nothing in this section shall preclude the sterilization of a sexually immature dog or cat upon the written agreement of the veterinarian, the Commercial Animal Establishment and the new owner;
(4) Upon the petition of the Dog Warden, the Court may order the purchaser to take any steps necessary to comply with the requirements of this section. This remedy shall be exclusive of and in addition to any penalty that may be imposed under this section.
(k) Disclosure Requirements, Certain Information to Purchasers.
(1) A Commercial Animal Establishment shall deliver to a recipient of a dog or cat, at the time of exchange, the following information on a form prescribed by the Animal Warden:
A. The breeder's name, address and license information if the breeder is licensed by the United States Department of Agriculture;
B. The date of the dog or cat's birth;
C. The breed, sex, color and identifying marks at the time of exchange, if any;
D. A record of each inoculation and worming treatment administered, if any, to the dog or cat, including the date of administration and the type of vaccine or worming treatment;
E. A record of veterinarian treatment or medication received by the dog or cat while in the possession of the Commercial Animal Establishment, including a receipt or other documentation from a licensed veterinarian documenting the dog or cat as spayed or neutered;
F. A document signed by a veterinarian licensed in the State of Ohio stating that the dog or cat has no known diseases or illness that adversely affects the health of the dog or cat at the time of the exchange or that is likely to adversely affect the health of the dog or cat in the future; or describing any known illness that is likely to adversely affect the health of the dog or cat in the future and documenting that the veterinarian spayed or neutered the dog or cat, if the veterinarian performed this surgery;
G. Where applicable, a spay/neuter certificate, sterilization agreement or other documentation confirming the dog or cat is spayed or neutered.
(2) A Commercial Animal Establishment shall sign the completed form to certify the accuracy of the information, and the recipient of the dog or cat shall sign the completed form to acknowledge receipt of the information;
(3) A Commercial Animal Establishment shall:
A. Retain a copy of each completed and signed form for a period of not less than two years after the sale of the dog or cat;
B. Make each completed and signed form available for inspection to the Humane Officer, Animal Control Officer, County Department of Health Officer or law enforcement officer during business hours.
(4) A Commercial Animal Establishment shall:
A. Clearly and visibly post warnings near all animals concerning potential diseases that can be transmitted to humans, particularly children.
(l) Return of Animal.
(1) Each Commercial Animal Establishment shall give buyers 15 days to document contagious or infectious disease and one year to document congenital or hereditary defects;
(2) The Commercial Animal Establishment shall not knowingly misrepresent the breed, sex or health of any dog or cat offered for sale;
(3) If the Commercial Animal Establishment sells an animal that is proven to be ill or have a hereditary defect the purchaser shall be entitled to a replacement or a full refund (plus reimbursement for veterinary expenses related to certifying such disease, congenital or hereditary defect or illness). The duty of the Commercial Animal Establishment to reimburse the purchaser under this section shall be limited to 1-1/2 times the purchase price of the animal. A purchaser that agrees to accept reimbursement under this section waives any other claim against the Commercial Animal Establishment for reimbursement of the cost of veterinary care for the animal;
(4) If any cat or dog is returned to a Commercial Animal Establishment due to illness, the Commercial Animal Establishment shall consult with a veterinarian immediately for proper medical treatment. If the Commercial Animal Establishment is not able to care for the sick animal they will promptly contact an approved shelter or animal rescue group that may be able to care for the animal before the Commercial Animal Establishment may consider euthanasia as an option.
(m) Commercial Animal Establishment can only sell puppies bred at USDA licensed facilities.
(1) It is unlawful for a Commercial Animal Establishment to sell or offer for sale any dog procured from a person who is not a dealer or licensed by the U.S. Department of Agriculture pursuant to the Federal Animal Welfare Act (7 U.S.C. §§ 2131 et seq.) or regulations adopted thereunder.
(2) Commercial Animal Establishment or dealers cannot sell animals relinquished by the general public to the pet store.
(n) Collect Pet Population Control Fees.
(1) A Commercial Animal Establishment shall collect fifteen dollars ($15.00) for altered cats and dogs and a fifty dollar ($50.00) fee for unaltered cats and dogs or cat sold;
(2) Money collected in accordance with this subsection shall be sent quarterly to the Animal Warden and be deposited in the Pet Population Control Fund;
(3) The City shall distribute the proceeds of this fee to the Euclid Animal Shelter for a spay/neuter fund for sheltered animals.
(o) Commercial Animal Establishments can only sell kittens bred at USDA licensed facilities.
(1) There is an exception for kittens that are surrendered to the Commercial Animal Establishment by a City of Euclid resident who provides their identification and contact information.
(p) Penalty.
(1) 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. 121-2011. Passed 9-6-11.)
Any owner, keeper or harborer of an unaltered dog or cat six months of age or older must pay a yearly registration fee of fifty dollars ($50.00) to the Euclid Animal Warden unless the owner, keeper or harborer provides documentation from a licensed veterinarian that it would be unsafe to spay or neuter the cat or dog or that the animal is registered with a kennel club for showing and breeding. This fee will be deposited in the Pet Population Fund.
(Ord. 121-2011. Passed 9-6-11.)
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