(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 the confinement with a sufficient quantity of good wholesome food and water;
(2) Impound or confine an animal without affording it, during the 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 division does not apply to animals impounded or confined prior to slaughter. For the purpose of this section, "shelter" means an artificial 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 28 hours after they are so placed without supplying them with necessary food, water, and attention, nor permit the 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 the livestock may be detained in any cars or compartment without food, water, and attention may be extended to 36 hours without penalty therefor. Division (a) of this section does not prevent the dehorning of cattle.
(c) All fines collected for violations of division (a) of this section shall be paid to the society or association for the prevention of cruelty to animals, if there is one in the municipality; otherwise, all fines shall be paid to the general fund.
(d) Cruelty to companion animals.
(1) 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.
(2) No person who confines or who is the custodian or caretaker of a companion animal shall negligently do any of the following:
A. Commit any act by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
B. Omit any act of care by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
C. Commit any act of neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
D. Needlessly kill the companion animal;
E. Deprive the companion animal of necessary sustenance, confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, or 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 deprivation, confinement or impoundment or confinement in any of those specified manners.
(3) No person shall confine an animal in a motor vehicle under any conditions that endanger the safety or well-being of the animal.
(4) No person shall fail to provide the animal shelter from the elements if housed outside.
A. The structure must be completely enclosed having a single entrance/exit secured with a flap or door. The structure shall be moisture-resistant, wind-resistant, suitable size and type to allow the animal to stand, turn about freely, lie in a normal position, and regulate proper body temperature. It shall be made of a durable material with a solid, moisture-proof floor and a floor raised at least two inches from the ground. Proper bedding of straw or similar material that remains dry must be utilized inside the structure.
B. Suitable drainage shall be provided so that water cannot be reasonably expected to gather and stand within ten feet of the structure, and so the animal has access to a dry area at all times.
(5) No person shall tether an animal if there is no owner or occupant present at the premises.
A. The tether should be made of a material that is suitable for the animal's size and weight and a minimum of 20 feet in length, unless such length would violate other sections in this Code.
B. The tethered animal shall be provided a house or shelter for protection from sun, snow, rain or other inclement weather. The animal shall also be provided access to a surface of grass, properly drained, with enough area to permit the animal to freely move about without risk of entanglement or injury. The animal shall also be provided with adequate food and water.
C. The tethered animal shall not be allowed to continuously bark, enter the property of another or be attached with a prong type, pinch type, or choke type collar, or a collar that will cause injury to the animal.
(6) No owner, manager, or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal shall knowingly do any of the following:
A. Torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against the companion animal;
B. Deprive the companion animal of necessary sustenance, confine the companion animal without supplying it during the confinement with sufficient quantities of food and water, or impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter if it is substantially certain that the companion animal would die or experience unnecessary or unjustifiable pain or suffering due to the deprivation, confinement, or impoundment or confinement in any of those specified manners.
(7) 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:
A. Commit any act by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
B. Omit any act of care by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
C. Commit any act of neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
D. Needlessly kill the companion animal;
E. Deprive the companion animal of necessary sustenance, confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, or 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 deprivation, confinement, or impoundment or confinement in any of those specified manners.
(8) Divisions (d)(1), (d)(2), (d)(3), (d)(4), (d)(5), (d)(6) and (d)(7) of this section do not apply to any of the following:
A. A companion animal used in scientific research conducted by an institution in accordance with the Federal Animal Welfare Act and related regulations;
B. The lawful practice of veterinary medicine by a person who has been issued a license, temporary permit or registration certificate to do so under R.C. Chapter 4741;
C. 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;
D. 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;
E. 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 R.C. Chapter 4741.
(9) 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 division (d) 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 division. 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 division, the county humane society shall use the fine moneys to provide the training that is required for humane agents under R.C. § 1717.06.
(e) Whoever violates division (a) of this section is guilty of a misdemeanor of the first 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 division, 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.
(f) (1) Whoever violates division (d)(1) of this section is guilty of a misdemeanor of the first degree on a first offense and a felony to be prosecuted under appropriate state law on each subsequent offense.
(2) Whoever violates division (d)(2) of this section 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 division (d)(3) through (d)(5) of this section is guilty of a misdemeanor of the second degree. In addition, the court may order the offender to forfeit the animal and may provide for its disposition including, but not limited to, the sale of the animal. If an animal is forfeited and sold pursuant to this division, 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.
(4) Whoever violates division (d)(6) of this section is guilty of a felony to be prosecuted under appropriate state law.
(5) Whoever violates division (d)(7) of this section is guilty of a misdemeanor of the first degree.
(6) A. A court may order a person who is convicted of or pleads guilty to a violation of division (d) of this section to forfeit to an impounding agency, as defined in 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 division (d) 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 R.C. § 959.132.
(7) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of division (d) of this section suffers from 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.
(Ord. 16-O-60, passed 5-3-2017)
Statutory reference:
Cruelty to animals, see R.C. § 959.13
Prohibitions concerning companion animals, see R.C. § 959.131
Impoundment of companion animals; notice and hearing, see R.C. § 959.132
Violations, penalties, see R.C. § 959.99(D), (E)