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(a) As used in this section, "dangerous dog" means:
(1) A. A dog that, without provocation, and subject to subsection (a)(1)B. hereof has done any of the following:
1. Caused injury, other than killing or serious injury, to any person;
2. Killed or seriously injured another dog;
3. Been the subject of a third or subsequent violation of division (c) of Section 955.22 of the Revised Code.
B. "Dangerous dog" does not include a police dog that has caused injury, other than killing or serious injury, to any person or has killed another dog while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(2) "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.
(3) "Serious injury" means any of the following:
A. Any physical harm that carries a substantial risk of death.
B. Any physical harm that involves a permanent incapacity, whether partial or total, or a temporary, substantial incapacity.
C. Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement.
D. Any physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain.
(4) A. "Vicious dog" means a dog that, without provocation and subject to subsection (a)(4)B. hereof, has killed or caused serious injury to any person.
B. "Vicious dog" does not include either of the following:
1. A police dog that has killed or caused 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.
(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.
(b) Upon the transfer of ownership of any dog, the seller of the dog shall give the buyer a transfer of ownership certificate that shall be signed by the seller. The certificate shall contain the registration number of the dog, the name of the seller, and a brief description of the dog. Blank forms of the certificate may be obtained from the county auditor. A transfer of ownership shall be recorded by the auditor upon presentation of a transfer of ownership certificate that is signed by the former owner of a dog and that is accompanied by a fee of five dollars.
(c) Prior to the transfer of ownership or possession of any dog, upon the buyer's or other transferee's request, the seller or other transferor of the dog shall give to the person a written notice relative to the behavior and propensities of the dog.
(d) Within ten days after the transfer of ownership or possession of any dog, if the seller or other transferor of the dog has knowledge that the dog is a dangerous dog, the seller or other transferor shall give to the buyer or other transferee, the board of health for the district in which the buyer or other transferee resides, and the dog warden of the county in which the buyer or other transferee resides, a completed copy of a written form on which the seller shall furnish the following information:
(1) The name and address of the buyer or other transferee of the dog;
(2) The age, sex, color, breed, and current registration number of the dog.
In addition, the seller shall answer the following questions, which shall be specifically stated on the form as follows:
"Has the dog ever chased or attempted to attach or bite a person? If yes, describe the incident(s) in which the behavior occurred."
"Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred."
"Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred."
The dog warden of the county in which the seller resides shall furnish the form to the seller at no cost.
(e) No seller or other transferor of a dog shall fail to comply with the applicable requirements of subsections (b) to (d) hereof.
(f) No person owning or harboring or having the care or custody of a dangerous dog shall suffer or permit such dog to go unconfined on the premises of such person. A dangerous dog is "unconfined" as the term is used in this section, if such dog is not securely confined or confined in a securely enclosed and locked pen or a dog run area upon the premises of such person. Such pen or dog run area shall also have sides of at least six feet in height and a secure top. The structure shall also have a foundation of either concrete or asphalt.
(g) No person owning or harboring or having the care of a dangerous dog shall suffer or permit such dog to go beyond the premises of such person unless the dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length.
(h) No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging such dog to unprovoked attacks upon human beings or domestic animals.
(i) No person shall possess with intent to sell or offer for sale, breed or buy or attempt to buy within the City any dangerous dog.
(j) Any person owning or harboring or having the care of any dangerous dog shall maintain a policy of insurance in an amount not less than one hundred thousand dollars ($100,000) insuring such person against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts of a dangerous dog. Such person shall produce evidence of the insurance upon the request of a law enforcement agent.
(k) In the event that a law enforcement agent has probable cause to believe that a dangerous dog is being harbored or cared for in violation of subsections (F), (G), (H) or (I) hereof, the law enforcement agent may petition a court of competent jurisdiction to order the seizure and impoundment of the dangerous dog pending trial. In the event that a law enforcement agent has probable cause to believe that a dangerous dog is being harbored or housed in violation of subsections (c) or (d) the law enforcement agent may seize and impound the dangerous dog pending trial.
(1) Penalty.
A. Whoever violates this section shall be guilty of a misdemeanor of the first degree. Whoever is found guilty of a second offense of violating this section shall be guilty of a misdemeanor of the first degree and shall be fined one thousand dollars ($1,000) which fine shall be mandatory and shall not be suspended or remitted, and may be imprisoned for a term not to exceed six months.
B. Any dangerous dog which attacks a human being or another domestic animal may be ordered destroyed when in the court's judgment such dangerous dog represents a continuing threat of serious harm to human beings or other domestic animals.
C. Any person found guilty of violating this section shall pay all expenses, including shelter, food and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of such dog.
(Ord. 2014-94. Passed 8-20-14.)
(a) As used in this section, "menacing dog" means:
(1) A. A dog that, without provocation, and while off of the premises of the owner of the dog, and subject to subsection (a)(2) hereof, has done any of the following:
1. Caused injury, but less than serious injury, to any person;
2. Caused injury, but less than serious injury to another dog;
3. Has attempted to bite, or cause physical harm to another dog or domestic animal.
(2) "Menacing dog" does not include a police dog that has caused injury to any person or another dog while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(b) Any person who owns, harbors, or has the care of a dog that acts as a menacing dog as defined in Section 505.181(a), shall be guilty of a misdemeanor of the third degree.
(Ord. 2014-94. Passed 8-20-14.)
(a) As used in this section, "nuisance dog" means:
(1) A. A dog that, without provocation, and while off of the premises of the owner of the dog, and not on a leash, and subject to subsection (a)(2) hereof, has approached or chased a person while growling, barking, and/or while baring its teeth in a manner that would lead a reasonable person to believe that the dog would cause physical injury to that person.
(2) "Nuisance dog" does not include a police dog that has acted in the manner described in Section 505.182(a)(1) while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(b) Any person who owns, harbors, or has the care of a dog that acts as a "nuisance dog" as defined in Section 505.182(a), shall be guilty of a minor misdemeanor.
(Ord. 2014-94. Passed 8-20-14.)
As used in this chapter:
(a) Definitions.
(1) "Chickens" and "fowl" include chickens, duck, geese and any other similar type of fowl.
(2) "Domestic farm animals" includes sheep, goats, cattle, swine, and any other similar type of animal.
(3) "Livestock" means horses, ponies, stallions, colts, geldings, mares, sheep, rams, lambs, bulls, bullocks, steers, heifers, cows, calves, mules, jacks , jennets, burros, goats, kids, swine and any animals normally found in the wild state which are being kept for exhibition purposes or as private pets. Not included are animals identified as "Dangerous Animals" as defined in Codified Ordinance 505.17
. (Ord. 1996-53. Passed 8-14-96.)
(b) Permit Necessary. No person shall keep or harbor domestic farm animals or livestock within the City without having first obtained a permit from the Director of Public Safety. Such permit shall contain the name, age, breed, description and any special markings peculiar to such animals.
(Ord. 2018-116. Passed 10-17-18.)
(c) Agricultural Exemption: Those property owners who have a minimum of two acres and are engaged in commonly approved agricultural practices are exempt from the permit requirements as stated above.
(Ord. 1996-53. Passed 8-14-96.)
(d) Penalty. Violation of the provision shall be a misdemeanor of the third degree, unless the person has previously been convicted of a violation of this provision, in which case the offense shall be a misdemeanor of the first degree.
(Ord. 2020-48. Passed 6-17-20.)
(a) No permit shall be issued by the Director of Public Safety for any above-defined animals unless the following conditions are met:
(1) The sublot or parcel of real property upon which such animals shall be kept or harbored shall be no less than two acres in size.
(2) If such livestock shall be kept or harbored upon property not owned by the owner of such livestock, no permit shall be issued until there shall have been filed with the Director of Public Safety the written consent of the owner, including a contracted manager or power of attorney in lieu of an owner, of the sublot or parcel of property upon which such livestock shall be kept or harbored.
(3) A stable, barn or shed shall be required for the keeping or harboring of animals and placed totally within a corral or fence. Such stable, barn or enclosure shall meet the requirement of the building and zoning laws and shall be kept in a sanitary condition, and shall not be nearer than fifty feet to a street or any property line, or municipal boundary line, nor nearer than two hundred feet to any dwelling. The floors of such barn or shed shall include a sanitary disposal system approved by the Commissioner of Health. The owner shall further be responsible for disposing of all manure in an approved manner.
(4) Nondomesticated animals shall not be permitted unless the permit applicant shall demonstrate to the satisfaction of the Director of Public Safety that:
A. All reasonable precautions have been taken to securely cage or enclose the animals and prevent them from running at large, and
B. Such animals will not present a threat to the public peace, health and safety if the animal escapes its cage or enclosure.
(5) The minimum grazing area for grazing livestock shall be according to the latest "animal units" per acres as established by the County Cooperative Extension Service.
(6) No grazing is permitted upon public right-of-way.
(7) The fee for any livestock permit shall be $20.00 per year per location.
(b) Any person who believes that special conditions exist which should exempt them for any of the conditions specified above may appeal to the City Manager via written request prior to the issuance of the permit. Exemptions to the conditions specified may be granted by the City Manager upon a satisfactory showing by the applicant that owning to special circumstances, the strict application of the conditions of this ordinance are unnecessary in order to protect the public health, safety, and welfare. Prior to the City Manager's determination of exemption from any conditions of the permit process, notification shall be sent by certified mail to property owners who live within a 200 foot radius of the property line of an individual property on which the animals will be housed. The written notification shall request that the affected property owner approve or disapprove the request for exemption and to set forth their reasons for disapproval. If any notified property owner objects to the granting of an exemption, that property owner may request that a hearing take place before a 5-member panel of disinterested landowners of the City to be chosen by Kent City Council. The panel shall hear the affected property owner's reasons for disapproval of the exemption within a sixty (60) day period of the City Manager's office receiving the request for disapproval and a hearing. The panel's decision shall be binding upon the City Manager's determination for granting an exemption.
(c) Application of Section. The provisions of this section shall apply to all yards and structures existing upon the effective date of this section not in conformity with the requirements of the section as of January 1, 1996 whereupon any keeping of fowl, farm animals or livestock or all other structures used thereof, shall be discontinued or brought in conformity with these regulations immediately upon this section becoming effective.
(d) Declaration of Nuisance; abatement thereof. It shall be unlawful and considered a public nuisance for any person to keep, harbor or maintain any domestic farm animals or livestock, chickens or fowl within the City without having first complied with the applicable provisions of this chapter.
In the event of any violation of the provision of this chapter, the City, in addition to any other remedies provided by law, may institute a suit for injunction to prevent or terminate such violation and abate the nuisance created. (Ord. 1996-53. Passed 8-14-96.)
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