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(a) No person shall knowingly or negligently allow any dog, cat or other domestic animal owned, kept or harbored by such person to run at large upon any public way or the property of another.
(b) An animal is presumed to be running at large if such animal is not within an enclosed area or securely attached to a physical restraint or leash of a size and type necessary to control the behavior of such animal. While upon any public way or property of another, such physical restraint or leash shall not be more than fifteen feet in length and shall be held in the hand of a person in a manner which continuously controls the animal.
(c) It shall be an affirmative defense to a violation of this section that the animal was:
(1) Securely confined in a vehicle or cage which was adequately ventilated while off the premises of the owner;
(2) Being used for lawful hunting purposes or training for the purpose of hunting while accompanied by a license number;
(3) Being exhibited at a public show, zoo, museum or public institution;
(4) Engaged in activity expressly approved by the laws of the State; or
(5) Owned by a public law enforcement agency or licensed private law enforcement agency or member thereof and the animal was being utilized for law enforcement purposes.
(d) The running at large of any such animal in or upon any of the places mentioned in this section is prima-facie evidence that it is running at large in violation of this section.
(e) The owner, keeper or person having charge of a dog, cat, or other animal shall remove all matter excreted by such dog upon any property not belonging to the owner, keeper or person having charge of such animal.
(f) Enforcement of Section 505.01 of these Kent ordinances as it pertains to cats shall be driven only by complaints received by the City.
(g) Penalty.
(1) Whoever violates this section by dogs or other animals running at large, except cats if prior to June 1, 1999, shall be guilty of a minor misdemeanor.
(2) Whoever violates any provision of this section as its pertains to cats shall receive a warning for a first offense until June 1, 1999.
(3) Whoever violates any provision of this section for a second or subsequent offense shall be guilty of a minor misdemeanor.
(4) In a hearing under this chapter, a certified copy of the records of the County Auditor as to the issuance of a dog license shall be prima facie evidence of ownership.
(5) The Court may suspend up to one half of the prescribed penalty for any violation of this section which involves a neutered or spayed animal.
(Ord. 1998-82. Passed 10-21-98.)
(a) A police officer, animal control agent or other person or organization designated by the City to act in that capacity may impound every dog, cat or other animal found in violation of Section 505.01. Animals impounded under this chapter shall be impounded for not less than seventy-two hours, unless claimed by the owner. Notice shall be posted in the pound or animal shelter both describing the dog and place where seized.
If the dog or cat is wearing a valid registration tag or identification tag, microchip, identification tattoo or other commonly accepted means of ownership identification, notice shall be given by certified and regular mail the identity of the owner, keeper or harborer is otherwise reasonably determined, notice shall be given by certified mail to such owner, keeper or harborer that the animal has been impounded and unless redeemed within fourteen days, it may thereafter be sold or destroyed according to law. Any dog, cat or other animal seized and impounded may be redeemed by its owner, keeper or harborer at any time prior to the applicable redemption period upon payment of all lawful costs assessed against the animal and upon providing the dog with a valid registration tag if one is required and it has none. Any animal impounded and unclaimed may thereafter be sold or destroyed according to the City shelter's determination.
(b) A record of all dogs, cats or other animals impounded, the disposition of the same, the owner's name and address where known, and a statement of any costs assessed against the animal shall be kept by the City shelter.
(c) All animals shall have all required vaccines. No animal impounded under this chapter shall be released without proof of vaccine except that owners claiming animals shall have three working days to comply with this section.
(d) Penalty: Whoever fails to provided proof of vaccine within three working days following redemption of the animal shall be guilty of a minor misdemeanor.
(Ord. 1998-82. Passed 10-21-98.)
(a) Except for guide dogs registered under Ohio R.C. 955.011 and dogs kept by an institution or organization for teaching and 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. 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.
(b) Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense. (ORC 955.99)
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