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(a) No person shall:
(1) Torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during such confinement with a sufficient quantity of good wholesome food and water;
(2) Impound or confine an animal without affording it, during such confinement, access to shelter from wind, rain, snow or excessive direct sunlight if it can reasonably be expected that the animal would otherwise become sick or in some other way suffer. This subsection (a)(2) does not apply to animals impounded or confined prior to slaughter. For the purpose of this section, "shelter" means a man-made enclosure, windbreak, sunshade or natural windbreak or sunshade that is developed from the earth's contour, tree development or vegetation;
(3) Carry or convey an animal in a cruel or inhuman manner;
(4) Keep animals other than cattle, poultry or fowl, swine, sheep or goats in an enclosure without wholesome exercise and change of air, nor feed cows on food that produces impure or unwholesome milk;
(5) Detain livestock in railroad cars or compartments longer than twenty-eight hours after they are so placed without supplying them with necessary food, water and attention, nor permit such stock to be so crowded as to overlie, crush, wound or kill each other.
(b) Upon the written request of the owner or person in custody of any particular shipment of livestock, which written request shall be separate and apart from any printed bill of lading or other railroad form, the length of time in which such livestock may be detained in any cars or compartments without food, water and attention, may be extended to thirty-six hours without penalty therefor. This section does not prevent the dehorning of cattle.
(ORC 959.13)
(c) Whoever violates this section is guilty of a misdemeanor of the second degree. In addition, the court may order the offender to forfeit the animal or livestock and may provide for its disposition including, but not limited to, the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant to this subsection, the proceeds from the sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner. The balance of the proceeds from the sale, if any, shall be paid to the former owner of the animal. (ORC 959.99(D))
(a) As used in this section:
(1) “Animal rescue for dogs”, has the same meaning as in Ohio R.C. 956.01.
(2) “Boarding kennel” has the same meaning as in Ohio R.C. 956.01.
(3) “Companion animal” means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept, including a pet store as defined in Ohio R.C. 956.01. The term does not include livestock or any wild animal.
(4) “Cruelty”, “torment” and “torture” have the same meaning as in Ohio R.C. 1717.01.
(5) “Dog kennel” means an animal rescue for dogs, a boarding kennel or a training kennel.
(6) “Federal Animal Welfare Act” means the “Laboratory Animal Act of 1966", Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C. §2131 et seq., as amended by the “Animal Welfare Act of 1970", Pub. L. No. 91-579, 84 Stat. 1560 (1970), the “Animal Welfare Act Amendments of 1976", Pub. L. No. 94-279, 90 Stat. 417 (1976) and the “Food Security Act of 1985", Pub. L. No. 99-198, 99 Stat. 1354 (1985), and as it may be subsequently amended.
(7) “Practice of veterinary medicine” has the same meaning as in Ohio R.C. 4741.01.
(8) “Residential dwelling” means a structure or shelter or the portion of a structure or shelter that is used by one or more humans for the purpose of a habitation.
(9) “Wild animal” has the same meaning as in Ohio R.C. 1531.01.
(b) No person shall knowingly torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against a companion animal.
(c) No person who confines or who is the custodian or caretaker of a companion animal shall negligently do any of the following:
(1) Torture, torment or commit an act or cruelty against the companion animal;
(2) Deprive the companion animal of necessary sustenance, or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation or confinement;
(3) Impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the lack of adequate shelter.
(d) No person who confines or who is the custodian or caretaker of a companion animal shall recklessly deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water.
(e) No owner, manager or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal shall negligently do any of the following:
(1) Torture, torment, or commit an act of cruelty against the companion animal;
(2) Deprive the companion animal of necessary sustenance, or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation or confinement;
(3) Impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow or excessive direct sunlight if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the lack of adequate shelter.
(f) Subsections (b), (c), (d) and (e) of this section do not apply to any of the following:
(1) A companion animal used in scientific research conducted by an institution in accordance with the federal animal welfare act and related regulations;
(2) The lawful practice of veterinary medicine by a person who has been issued a license, temporary permit, or registration certificate to do so under Ohio R.C. Chapter 4741;
(3) Dogs being used or intended for use for hunting or field trial purposes, provided that the dogs are being treated in accordance with usual and commonly accepted practices for the care of hunting dogs;
(4) The use of common training devices, if the companion animal is being treated in accordance with usual and commonly accepted practices for the training of animals;
(5) The administering of medicine to a companion animal that was properly prescribed by a person who has been issued a license, temporary permit, or registration certificate under Ohio R.C. Chapter 4741.
(g) Notwithstanding any section of the Ohio Revised Code that otherwise provides for the distribution of fine moneys, the Clerk of Court shall forward all fines the Clerk collects that are so imposed for any violation of this section to the Treasurer of the municipality, whose county humane society or law enforcement agency is to be paid the fine money as determined under this section. The Treasurer shall pay the fine moneys to the county humane society or the county, township, municipal corporation, or state law enforcement agency in this state that primarily was responsible for or involved in the investigation and prosecution of the violation. If a county humane society receives any fine moneys under this section, the county humane society shall use the fine moneys either to provide the training that is required for humane society agents under Ohio R.C. 1717.061 or to provide additional training for humane society agents.
(ORC 959.131)
(h) (1) Whoever violates subsection (b) or (d) hereof is guilty of a misdemeanor of the first degree on a first offense. On each subsequent offense such person is guilty of a felony and shall be prosecuted under appropriate State law.
(2) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
(3) Whoever violates subsection (e) hereof is guilty of a misdemeanor of the first degree.
(4) A. A court may order a person who is convicted of or pleads guilty to a violation of this section to forfeit to an impounding agency, as defined in Ohio R.C. 959.132, any or all of the companion animals in that person’s ownership or care. The court also may prohibit or place limitations on the person’s ability to own or care for any companion animals for a specified or indefinite period of time.
B. A court may order a person who is convicted of or pleads guilty to a violation of this section to reimburse an impounding agency for the reasonably necessary costs incurred by the agency for the care of a companion animal that the agency impounded as a result of the investigation or prosecution of the violation, provided that the costs were not otherwise paid under Ohio R.C. 959.132.
(5) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of this section has a mental or emotional disorder that contributed to the violation, the court may impose as a community control sanction or as a condition of probation a requirement that the offender undergo psychological evaluation or counseling. The court shall order the offender to pay the costs of the evaluation or counseling. (ORC 959.99)
(a) No person shall keep or harbor any animal or fowl in the Municipality so as to create noxious, or offensive odors or unsanitary conditions which are a menace to the health, comfort or safety of the public.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(a) No person shall keep or harbor any dog within the Municipality which, by frequent and habitual barking, howling or yelping, creates unreasonably loud and disturbing noises of such a character, intensity and duration as to disturb the peace, quiet and good order of the Municipality. Any person who shall allow any dog habitually to remain, be lodged or fed within any dwelling, building, yard or enclosure, which he occupies or owns, shall be considered as harboring such dog.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(a) Whenever any person is bitten by a dog or other animal, report of such bite shall be made to the Health Commissioner within twenty-four hours. The dog or other animal inflicting a bite shall immediately be examined by a qualified veterinarian and results of such examination shall be reported to the Health Commissioner within twenty-four hours. At the direction of the Health Commissioner, the dog or other animal shall either be confined by its owner or harborer to his premises away from the public at large, or be placed under supervision of a veterinarian at the owner's or harborer's expense. The isolation or observation period shall not be less than ten days from the date the person was bitten at which time report of the condition of the animal shall be made to the Health Commissioner.
No person shall fail to comply with the requirements of this section or with any order of the Health Commissioner made pursuant thereto, nor fail to immediately report to the Health Commissioner any symptom or behavior suggestive of rabies.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(a) The owner of five or more dogs at least three months of age, whether owning for pleasure, profit, breeding or exhibiting, shall be deemed the operator of a dog kennel. Such dog kennel shall be kept in a clean and sanitary condition at all times, and dogs shall be reasonably restrained from annoying the neighborhood or the general public by loud, frequent or habitual barking, yelping or howling. No kennel shall be established, maintained or permitted to exist within fifty feet of any dwelling house unless both owner and lessee of such dwelling house consent in advance in writing to the same, provided that the operation of a kennel existing at this time shall not be affected by this provision. (Ord. 281. Passed 5-1-54.)
(b) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 1962-20. Passed 7-23-62.)
(a) No person shall dye or otherwise color any rabbit or baby poultry, including, but not limited to, chicks and ducklings. No person shall sell, offer for sale, expose for sale, raffle or give away any rabbit or baby poultry which has been dyed or otherwise colored. No poultry younger than four weeks of age may be sold, given away or otherwise distributed to any person in lots of less than three. Stores, shops, vendors and others offering young poultry for sale or other distribution shall provide and operate brooders or other heating devices that may be necessary to maintain poultry in good health, and shall keep adequate food and water available to the poultry at all times. (ORC 925.62)
(b) Whoever violates this section is guilty of a minor misdemeanor.
(a) No person shall keep, maintain or have in his possession, or under his control within the City, any of the following animals other than in compliance with the provisions of this section:
(1) Any animal, reptile or fowl which has been declared to be protected or endangered by the U.S. Department of the Interior, the State Division of Natural Resources or the Ohio Revised Code.
(2) Any animals, reptile or fowl for which possession requires any permit, registration or licensing by any agency of the U.S. Government or any agency of the State or the Ohio Revised Code, without first obtaining and displaying such permit, registration or license from the appropriate agency.
(3) Any animal, reptile or fowl belonging to a species which is commonly wild or which is not indigenous to this State without first registering such animal, reptile or fowl with the proper City authorities and Federal and State authorities as required.
(4) Any vicious animal, reptile or fowl, whether wild or domestic, that without provocation, has caused serious physical harm or death to any person or domestic animal.
(5) Any dangerous animal, reptile or fowl whether wild or domestic, that without provocation, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has caused or attempted to cause physical harm to any person or belongs to a species which is commonly wild and because of its size, nature or other characteristics would constitute a risk of danger to any person or property, unless such animal, reptile or fowl is confined in a locked building, pen or enclosure which has a top and is so constructed as to prevent the animal, reptile or fowl from escaping or the entry of an unsuspecting or unauthorized individual.
(b) No owner, keeper or harborer of any dangerous or wild animal, reptile or fowl shall fail to do either of the following:
(2) When transporting or transferring a dangerous animal, reptile or fowl from one location to another, to contain it in a suitable locked container or attached to a chainlink leash no longer than six feet in length, muzzled and controlled by a person who is of suitable age and discretion to insure safe management and transport.
(c) Whoever violates subsection (a) or subsection (b)(2) hereof, is guilty of a misdemeanor of the second degree on the first offense and of a misdemeanor of the first degree on each subsequent offense. Additionally, the Court may order the owner, keeper or harborer of a dangerous animal, reptile or fowl to obtain liability insurance, with an insurer authorized to write liability insurance in this State providing for coverage of not less than fifty thousand dollars ($50,000) in each occurrence of injury or damage. The court in the alternative, may order the dangerous animal destroyed by a licensed veterinarian, officers of the County Dog Warden or the Humane Officer. (ORC 955.99)
Whoever violates subsection (b)(l) hereof is guilty of a minor misdemeanor.
(Ord. 1988-17. Passed 5-23-88.)
(a) All licenses, permits and registrations required by Section 505.13 shall be displayed outside the area where the animal is kept in such a way as to be visible and protected from the elements.
(b) The owner, keeper or harborer of any animal, reptile or fowl is required to immediately produce all required licenses, permits or registrations upon the request of the City, State or federal law enforcement personnel for verification.
(c) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 1988-17. Passed 5-23-88.)
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