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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CHAPTER 553 Firearm and Handgun Control (Repealed)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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505.19 DEAD ANIMALS.
   (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.)
505.20 ANIMAL NEGLECT.
   (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.)
505.21 ANIMAL CRUELTY.
   (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.)
505.22 ANIMAL ABANDONMENT.
   (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.)
505.23 DOG TETHER.
   (a)   No person who is the owner or keeper of a dog shall negligently chain or otherwise tether a dog outdoors, or permit that dog to be chained or tethered outdoors, unless the tether is of a reasonable length, and is placed in such a manner that the tether could not be reasonably expected to become tangled, or otherwise restrict the dog's freedom of movement within that area.
   (b)   No person who is the owner or keeper of a dog shall negligently tether a dog outdoors, or permit a dog to be tethered outdoors, for more than nine consecutive hours in any one calendar day.
   (c)   No person who is the owner or keeper of a dog shall negligently tether a dog outdoors, or permit a dog to be tethered outdoors, by means of a choke collar or pinch collar.
   (d)   Whoever violates this section shall be guilty of a minor misdemeanor on a first offense, and a misdemeanor of the fourth degree on any subsequent offense.
(Ord. 11-18. Passed 5-16-11.)
505.24 DOG SHELTER DESIGN STANDARDS.
   (a)   No person who keeps a dog outside unattended for more than one hour in temperatures of 32 degrees Fahrenheit or less shall fail to provide such dog with a dog house or other shelter which is designed, constructed and maintained in accordance with the following requirements:
      (1)   The shelter shall be completely enclosed and insulated except for a single entrance large enough for the dog to enter.
      (2)   The entrance shall be reasonably designed and constructed to prevent wind and precipitation from entering the shelter.
      (3)    Suitable drainage shall be provided so that water cannot be reasonably expected to gather and stand within ten feet of the shelter, and so the dog has access to a dry area at all times.
      (4)    The house shall be constructed in accordance with the size of the dog being housed. It shall fit snugly but allow adequate space for the animal to stand up, turn around and lie down in a comfortable position. Dry, comfortable bedding shall be available at all times.
      (5)    Dogs confined to pens shall have not less than 150 square feet of pen space for each dog so confined.
   (b)   Whoever violates this section shall be guilty of a minor misdemeanor on a first offense, and a misdemeanor of the fourth degree on any subsequent offense. An alleged violation of the dog shelter design standards is a violation of construction and design standards, and shall be separate and apart from any allegation that a dog is actually kept without adequate shelter.
(Ord. 11-18. Passed 5-16-11.)
505.25 FAILURE TO RESTRAIN DOG IN A MOTOR VEHICLE.
   (a)   No person who is the operator of a motor vehicle shall negligently permit a dog to ride in the unenclosed bed of a pickup truck, or the unenclosed portion of any motor vehicle, unless that dog is being adequately restrained so that it could not be reasonably expected that the dog could exit the motor vehicle while the motor vehicle is in operation.
   (b)   Whoever violates this Section shall be guilty of a minor misdemeanor on a first offense, and a misdemeanor of the fourth degree on any subsequent offense. Failure to restrain dog in a motor vehicle shall be a misdemeanor of the second degree if the dog or a person is injured as a result of the offense.
(Ord. 11-18. Passed 5-16-11.)
505.26 RIGHTS OF BLIND, DEAF OR HEARING IMPAIRED, OR MOBILITY IMPAIRED PERSON, OR TRAINER WITH ASSISTANCE DOG.
   (a)   When either a blind, deaf or hearing impaired, or mobility impaired person, or a training of an assistance dog is accompanied by an assistance dog, the person or trainer, as applicable, is entitled to the full and equal accommodations, advantages, facilities, and privileges of all public conveyances, hotels, and lodging places, all places of public accommodation, amusement, or resort, and other places to which the general public is invited, and may take the dog into such conveyances and places, subject only to the conditions and limitations applicable to all persons not so accompanied, except that:
      (1)   The dog shall not occupy a seat in any public conveyance; and
      (2)   The dog shall be leashed while using the facilities of a common carrier.
      (3)   Any dog in training to become an assistance dog shall be covered by a liability insurance policy provided by the nonprofit special agency engaged in such work protecting members of the public against personal injury or property damage caused by the dog.
   (b)   No person shall deprive a blind, deaf or hearing impaired, or mobility impaired person, or a training of an assistance dog who is accompanied by an assistance dog, of any of the advantages, facilities or privileges provided in subsection (a) of this section, nor charge the person or training a fee or charge for the dog.
(ORC 955.43(A), (B))
   (c)   As used in this section:
      (1)   “Assistance dog” means a dog that has been trained by a nonprofit or for-profit special agency and that is one of the following:
         A.   A guide dog;
         B.   A hearing dog;
         C.   A service dog.
      (2)   “Blind” means either of the following:
         A.   Vision 20/20 or less in the better eye with proper correction;
         B.   Field defect in the better eye with proper correction that contracts the peripheral field so that the diameter of the visual field subtends an angle no greater than twenty degrees.
      (3)   “Guide dog” means a dog that has been trained or is in training to assist a blind person.
      (4)   “Hearing dog” means a dog that has been trained or is in training to assist a deaf or hearing-impaired person.
      (5)   “Institutions of education” means:
         A.   Any state university or college as defined in Ohio R.C. 3345.32;
         B.   Any private college or university that holds a certificate of authorization issued by the Ohio Board of Regents pursuant to Ohio R.C. Chapter 1713;
         C.   Any elementary or secondary school operated by a board of education;
         D.   Any chartered or nonchartered nonpublic elementary or secondary school; or
         E.   Any school issued a certificate of registration by the state Board of Career Colleges and Schools.
      (6)   “Person with a mobility impairment” means any person, regardless of age, who is subject to a physiological impairment regardless of its cause, nature or extent that renders the person unable to move about without the aid of crutches, a wheelchair, or any other form of support, or that limits the person’s functional ability to ambulate, climb, descend, sit, rise, or perform any related function. The phrase includes a person with a neurological or psychological disability that limits the person’s functional ability to ambulate, climb, descend, sit, rise or perform any related function. The phrase also includes a person with a seizure disorder and a person who is diagnosed with autism.
      (7)   “Service dog” means a dog that has been trained or is in training to assist a person with a mobility impairment.
         (ORC 955.011(B), 955.43(C))
   (d)   Whoever violates any provision of this section shall be guilty of a misdemeanor of the fourth degree. (ORC 955.99(D))
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