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(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)
(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.)
(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.)
(a) No person and/or property owner within the City of Fairview Park shall dress, butcher or display any dead animal or fowl, including any such animal or parts thereof killed and tagged pursuant to a hunting license issued by the State of Ohio or any other state, and so as to expose such dressed or butchered animal to the view of any person on public or private property.
(b) Whoever violates this Section 505.19 of the Code is guilty of a minor misdemeanor for the first offense and if convicted of a second offense is guilty of a fourth degree misdemeanor. When such offense includes more than one animal, each animal will be considered to be a separate violation and each day a separate offense.
(Ord. 05-67. Passed 1-17-06.)
(a) No person who confines or who is the custodian or caretaker of an animal shall negligently do any of the following:
(1) Torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against an animal;
(2) Deprive an animal of necessary sustenance, or confine an animal without supplying it during the confinement with sufficient quantities of good, wholesome food and clean, potable water;
(3) Impound or confine an animal without affording it, during the impoundment or confinement, with access to adequate shelter to protect the animal from heat, cold, wind, rain, snow, excessive moisture, or excessive direct sunlight, if it can reasonably be expected that the animal would become sick or suffer in any other way as a result of the failure to afford adequate shelter.
A. It shall be prima facie evidence that an animal does not have adequate shelter from the cold if the animal is observed in conditions where the temperature is equal to or less than 32 degrees Fahrenheit and the animal is visibly shivering for at least 5 continuous minutes.
B. It shall also be prima facie evidence that an animal does not have adequate shelter from excessive moisture where the temperature is equal to or less than 32 degrees Fahrenheit and the animal does not have an area of clean, dry bedding sufficient to allow the animal to lie down comfortably.
(4) Keep an animal in an enclosure which does not, at minimum, permit the animal to stand, turn around, and lie down to its full length comfortably.
(5) Keep an animal in an enclosure without adequate ventilation and change of wholesome air.
(6) Keep an animal in a place that is unsanitary, including a place where there is an accumulation of feces or other waste, or foul odor, or insect or rodent infestation.
(b) "Cruelty," "torment," and "torture" include every act, omission, or neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief.
(c) Any act, omission or neglect prohibited by this section or any subsections herein may be charged as a separate offense for each animal so affected.
(d) Whoever violates any provision of this section or any subsections herein shall be guilty of animal neglect. Animal neglect shall be a misdemeanor of the second degree on a first offense. Animal neglect shall be a first degree misdemeanor if the offender has been previously convicted of this section or any subsections herein, any offense listed under Chapter 959 of the Ohio Revised Code, or any other state or local ordinance relating to animals, other than a minor misdemeanor. Animal neglect shall also be a first degree misdemeanor if (a) the offense was a contributing factor leading to the death of the animal; (b) the offense was a contributing factor leading to some permanent harm or disability to the animal; or (c) the offense was of such severity or nature that it could be reasonably expected that the animal would have died as a result of the neglect if not for the intervention of a humane agent, dog warden or other law enforcement officer.
(Ord. 11-18. Passed 5-16-11.)
(a) No person shall knowingly cause unnecessary or unjustifiable pain or suffering to an animal.
(b) Any act prohibited by this section or any subsections herein may be charged as a separate offense for each animal so affected.
(c) Whoever violates any provision of this section shall be guilty of animal cruelty, a misdemeanor of the first degree.
(Ord. 11-18. Passed 5-16-11.)
(a) No person may negligently leave an animal at a location without making reasonable provision for the animal's continued care. It shall not be a defense to an alleged violation of this section for a person to leave an animal at an animal care facility without the consent of that animal care facility, unless the animal is left in an area specifically designated by the animal care facility for such purposes. For the purpose of this section, "animal care facility" shall mean a veterinary office, animal shelter or other organization or business whose primary purpose is providing care for animals.
(b) Any act prohibited by this section or any subsections herein may be charged as a separate offense for each animal so affected.
(c) Whoever violates this Section shall be guilty of animal abandonment, a misdemeanor of the second degree. Animal abandonment shall be a misdemeanor of the first degree if the offender has been previously convicted of this section, any offense listed under Chapter 959 of the Ohio Revised Code, or any other state or local ordinance relating to animals, other than a minor misdemeanor.
(Ord. 11-18. Passed 5-16-11.)
(Ord. 11-18. Passed 5-16-11.)
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