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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)
(a) No owner, keeper or person having charge of a dog, cat or other domestic animal shall abandon such animal. (ORC 959.01)
(b) A person shall be presumed to be the owner, keeper or harborer of an animal if such person does any of the following:
(1) Knowingly allows an animal to remain upon his/her property for more than twenty-four hours;
(2) Knowingly or recklessly feeds such animal food or water on a regular basis for more than twenty-four hours.;
(3) Knowingly restrains such animal from leaving his/her property for more than twenty-four hours; or
(4) Knowingly accepts responsibility to care for another person's animal.
(c) Penalty: Whoever violates this section shall be guilty of a minor misdemeanor.
(Ord. 1998-82. Passed 10-21-98.)
(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, or to trespassing animals as set forth in Ohio R.C. 959.04.
(ORC 959.02)
(b) Except as otherwise provided herein, whoever violates this section 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. (ORC 959.99)
(a) No person shall maliciously, or willfully and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to a farm animal, dog, cat, poultry or other domestic animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisoned food where it may be easily found and eaten by any of such animals, either upon his own lands or the lands of another. This section does not apply to trespassing animals as set forth in Ohio R.C. 959.04.
(ORC 959.03)
(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(ORC 959.99)
(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 livestock 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)
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