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Fairview Park Overview
Codified Ordinances of Fairview Park, OH
CODIFIED ORDINANCES OF THE CITY OF FAIRVIEW PARK, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 96-82
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
CHARTER
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 539 Picketing
CHAPTER 541 Property Offenses
CHAPTER 543 Streets and Sidewalks
CHAPTER 545 Theft and Fraud
CHAPTER 547 Trees, Grass and Weeds
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Firearm and Handgun Control (Repealed)
CHAPTER 555 Polychlorinated Biphenyls (PCBs)
CHAPTER 557 Noise Control
CHAPTER 561 Smoking in Municipal Buildingsand Public Properties
CHAPTER 563 Fair Housing Code
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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505.15 KILLING OR INJURING ANIMALS.
   (a)   No person shall maliciously, or willfully, and without the consent of the owner, kill or injure a farm animal, dog, cat or other domestic animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity.
   (b)   Whoever violates this section, if the value of the animal killed or the injury done amounts to less than three hundred dollars ($300.00), is guilty of a misdemeanor of the second degree; if the value of the animal killed or the injury done amounts to three hundred dollars ($300.00) or more, such person is guilty of a misdemeanor of the first degree.
(Ord. 83-17. Passed 2-21-83.)
505.16 REPORT OF ESCAPE OF EXOTIC OR DANGEROUS ANIMAL.
   (a)   The owner or keeper of any member of a species of the animal kingdom that escapes from his custody or control and that is not indigenous to this State or presents a risk of serious physical harm to persons or property, or both, shall, within one hour after he discovers or reasonably should have discovered the escape, report it to:
      (1)   A law enforcement officer of the Municipality and the sheriff of the county where the escape occurred; and
      (2)   The Clerk of the Municipal Legislative Authority.
   (b)   If the office of the Clerk of the Legislative Authority is closed to the public at the time a report is required by subsection (a) hereof, then it is sufficient compliance with subsection (a) hereof if the owner or keeper makes the report within one hour after the office is next open to the public.
   (c)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 2927.21)
505.17 DANGEROUS AND VICIOUS DOGS.
   (a)   As used in this section:
      (1)   A.   "Dangerous dog" means a dog that, without provocation, and subject to subsection (a)(1)B. hereof, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper or harborer and not under the reasonable control of its owner, keeper, harborer or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top.
         B.   "Dangerous dog" does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
      (2)   "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
      (3)   "Police dog" means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.
      (4)   A.   "Vicious dog" means a dog that, without provocation and subject to subsection (a)(4)B. hereof, meets any of the following:
            1.   Has killed or caused serious injury to any persons;
            2.   Has caused injury, other than killing or serious injury to any person, or has killed another dog;
            3.   Is a pit bull terrier, the ownership, keeping or harboring of such a dog shall be prima-facie evidence of the ownership, keeping or harboring of a vicious dog.
         B.   "Vicious dog" does not include either of the following:
            1.   A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or serious injury, to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;
            2.   A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.
         C.   "Pit bull terrier" as used herein includes, but is not limited to, any American Pit Bull Terrier, any Bull Terrier, any Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains as an element of its breeding the breed of American Pit Bull Terrier, Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier as to be identifiable as partially of the breed of American Pit Bull Terrier, Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier.
      (5)   "Without provocation" means that a dog was not teased, tormented or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
         (ORC 955.11)
   (b)   No owner, keeper or harborer of a dangerous or vicious dog shall fail to do either of the following:
      (1)   While that dog is on the premises of the owner, keeper or harborer, securely confine it at all times in a building, in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top, except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained;
      (2)   While that dog is off the premises of the owner, keeper or harborer, keep it on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:
         A.   Keep that dog in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top;
         B.   Have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie or affix the leash or tether to the ground or stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person;
         C.   Muzzle that dog.
   (c)   No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than fifty thousand dollars ($50,000) because of damage or bodily injury to or death of a person caused by the vicious dog. (ORC 955.22)
   (d)   No owner, keeper or harborer of a dangerous or vicious dog, shall sell, give, barter or otherwise dispose of such dog without first advising the prospective transferee that it is a dangerous or vicious dog.
   (e)   If a violation of subsection (b) hereof involves a dangerous dog, whoever violates that subsection is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense. Additionally, the court may order the offender to personally supervise the dangerous dog that he owns, keeps or harbors, to cause that dog to complete dog obedience training, or to do both, and the court may order the offender to obtain liability insurance pursuant to subsection (c) hereof. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the Dog Warden or the humane society.
   (f)   If a violation of subsection (b) hereof involves a vicious dog, whoever violates that subsection is guilty of one of the following:
      (1)   A misdemeanor of the first degree on a first offense. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the Dog Warden or the humane society.
      (2)   A misdemeanor of the first degree if the dog causes injury other than killing or serious injury, to any person.
   (g)   Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree. (ORC 955.99)
   Whoever violates subsection (d) hereof is guilty of a misdemeanor of the fourth degree.
(Ord. 88-8. Passed 5-2-88.)
505.18 RABIES VACCINATION OF DOGS AND CATS REQUIRED.
   (a)   Any person owning, keeping or harboring any dog or cat over the age of three months, shall be required to have such animal currently immunized against rabies by a licensed veterinarian.
   (b)   All owners or keepers as described in subsection (a) hereof shall maintain a record of such immunization as provided by a veterinarian. Such record will be provided upon request to any law enforcement officer of the City of Fairview Park.
   (c)   Whoever violates subsection (a) hereof is guilty of a misdemeanor of the fourth degree. Whoever violates subsection (b) hereof is guilty of a minor misdemeanor. Penalties shall be imposed as provided in Section 501.99. (Ord. 98-4. Passed 2-17-98.)
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