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(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) No owner or keeper or person having custody or control of any dog shall allow or permit such dog to commit a nuisance on any public property or upon any private property other than that of the owner or keeper or person who has accepted custody or control of such dog, provided that the foregoing shall not apply to street gutters. It shall be the duty of all persons having control of a dog to curb such dog in order to carry out the intent of this section. The word "nuisance" as used herein shall be deemed to mean urination and defecation.
(c) No dog house, kennel or pen for the keeping of one or more dogs shall be maintained or suffered to exist or permitted nearer than thirty feet to any building used in whole or in part as a place of human habitation by persons other than the owner of such dog or dogs.
(d) No person shall feed, or cause to be fed, any animal outdoors except for a licensed dog while on the owner’s premises or unless as provided for in Section 1779.01(f), or unless while operating under the guidelines of a program approved by the Director of Public Safety providing for the trapping, spaying, or neutering, and releasing of cats and dogs with the purpose of reducing the unwanted stray-animal population in the City.
(e) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 44-04. Passed 6-21-2004; Ord. 27-11. Passed 7-18-2011.)
(a) No person shall keep or harbor any animal in the City so as to permit the commission or evidence of a nuisance as hereinafter defined.
(b) Any animal which scratches or digs in or urinates or defecates upon any lawn, tree, shrub, plant, building or any other property, private or public, other than the property of the owner or person in charge or control of such animal is hereby declared to be a nuisance.
(c) In addition to the penalty provided in Sections 505.11 and this section, the court may upon proper evidence, limit the number of animals in any single-family dwelling, or any separate suite in a two-family dwelling, multi-family dwelling or apartment within the City should the court deem that an excessive number of animals harbored within such an area constitutes a nuisance. The terms "dwelling" and "suite", as used in this section, include the lot or parcel of land on which the house or building containing the suite is located and also all out-buildings located on such lot or parcel.
No owner or keeper of such dogs or other animals shall fail to abate such nuisance by the permanent removal of such animals beyond City limits within ten days after service of such notice.
(d) On complaint of any person, police officer or the Animal Control Officer that an animal, harbored or kept in the City, damages property in the manner as specified above, notice therefor shall be given to the person harboring or keeping such animal. Failure to abate the nuisance complained of shall subject the person to penalty for violation of this section.
(e) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 44-04. Passed 6-21-2004.)
(a) No person shall keep or harbor any animal, livestock or poultry within the municipality which, by frequent and habitual howling, yelping, barking or other activity, creates unreasonably loud and disturbing noises of such a character, intensity and duration as to disturb the peace and quiet of the community or as to annoy, disturb or endanger the comfort, repose or health of persons occupying property in the neighborhood. Any person who shall allow any animal 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 animal.
(b) Whoever violates any provision of this section is guilty as follows:
(1) Except as otherwise provided in subsection (b)(2) of this section, a minor misdemeanor.
(2) If, within one year of the offense, the offender has been convicted of or pled guilty to two or more violations of this section, a misdemeanor of the fourth degree.
(Ord. 44-04. Passed 6-21-2004; Ord. 11-2023. Passed 6-5-23.)
(a) When a blind, deaf, hearing impaired or mobility impaired person or trainer of an assistance dog is accompanied by an assistance dog, as that term is defined in the Ohio Revised Code, the person or trainer is entitled to the full and equal accommodations, advantages, facilities and privileges of all public conveyances, hotels, lodging places, all places of public accommodation, amusement or resort, all institutions of education, and other places to which the general public is invited, and may take the dog into such conveyances and places, subject only to the conditions and limitations applicable to all persons not so accompanied, except that:
(1) The dog shall not occupy a seat in any public conveyance.
(2) The dog shall be upon a leash while using the facilities of a common carrier.
(3) Any dog in training to become an assistance dog shall be covered by a liability insurance policy provided by the nonprofit special agency engaged in such work protecting members of the public against personal injury or property damage caused by the dog.
(b) No person shall deprive a blind, deaf, hearing impaired or mobility impaired person or a trainer of an assistance dog who is accompanied by an assistance dog of any of the advantages, facilities or privileges provided in subsection (a) hereof, nor charge the person or trainer a fee or charge for the dog.
(Ord. 50-13. Passed 12-16-2013.)
(c) As used in this section, "institutions of education" means:
(1) Any state university or college, as defined in Ohio R.C. 3345.32;
(2) Any private college or university that holds a certificate of authorization issued by the Ohio Board of Regents pursuant to Ohio R.C. Chapter 1713;
(3) Any elementary or secondary school operated by a board of education;
(4) Any chartered or nonchartered nonpublic elementary or secondary school;
(5) Any school issued a certificate of registration by the State Board of Proprietary School Registration.
(d) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 44-04. Passed 6-21-2004.)
(a) No person shall allow a dog under his or her control to be upon public property or upon the property of another, absent the consent of the owner or occupant of the property, without some device designed or intended for the removal or containment of such dog's excrement; nor shall any person fail to remove any excrement deposited by any dog under his or her control.
(b) This section shall not apply to guide dogs under the control of a blind person.
(c) Whoever violates any provision of this section is guilty of a minor misdemeanor and for each subsequent offense a misdemeanor of the fourth degree.
(Ord. 44-04. Passed 6-21-2004.)
(a) No person shall knowingly engage in or be employed at cockfighting, bearbaiting or pitting an animal against another. No person shall receive money for the admission of another to a place kept for such purpose. No person shall use, train or possess any animal for seizing, detaining or maltreating a domestic animal. Any person who knowingly purchases a ticket of admission to such place, or is present thereat, or witnesses such spectacle, is an aider and abettor.
(b) Whoever violates any provision of this section is guilty of a misdemeanor of the first degree.
(Ord. 44-04. Passed 6-21-2004.)
(EDITOR'S NOTE: This section was repealed by Ordinance 36-88, passed June 6, 1988. See Chapter 506.)
(a) No person shall knowingly keep, maintain or have in his possession or under his control within the City any dangerous or carnivorous wild animal or reptile, any vicious domesticated animal, or any other animal or reptile, with vicious or dangerous propensities, except to the extent that an exemption may be applicable pursuant to divisions (c), (d) or (e) of this section.
(b) For the purposes of this section, there shall be an irrebuttable presumption, that, when kept or maintained within the City, the animals listed below are considered dangerous animals to which the prohibition of division (a) of this section, in the absence of an exemption pursuant to divisions (c), (d) or (e) of this section, applies:
(1) All crotalid, elapid and venomous colubroid snakes;
(2) Apes; Chimpanzees (Pan); gibbons (hylobates); gorillas (Gorilla); orangutans (Pongo); and siamangs (Symphalangus);
(3) Baboons (Papoi, Manrillus);
(4) Bears (Ursidae);
(5) Bovines (Bovidae), includes all members of the bovine family, for example goats, sheep, bison and buffalo;
(6) Cheetahs (Acinonyx jubatus);
(7) Crocodilians (Crocodilia);
(8) Constrictor snakes when 14 feet in length or more;
(9) Coyotes (Canis latrans);
(10) Deer (Cervidae), includes all members of the deer family, for example, white-tailed deer, elk, antelope and moose;
(11) Elephants (Elephas and Loxodonta);
(12) Foxes (Canis vulpes);
(13) Gamecocks and other fighting birds;
(14) Hippopotami (Hippopotamidae);
(15) Horses (Equidae), includes all members of the horse family, for example donkeys, mules and zebras;
(16) Hyenas (Hyaenidae);
(17) Jaguars (Panthera onca);
(18) Leopards (Panthera pardus);
(19) Lions (Panthera leo);
(20) Lynxes (Lynx);
(21) Monkeys, old world (Cercopithecidae);
(22) Ostriches (Struthio);
(23) Piranha fish (Characidae);
(24) Puma (Felis concolor), also known as cougars, mountain lions and panthers;
(25) Rhinoceroses (Rhinocerotidae);
(26) Sharks (class Chondrichthyes);
(27) Snow leopards (Panthera uncia);
(28) Swine (Suidae), including Pot-bellied pigs;
(29) Tigers (Panthera tigris);
(30) Wolves (Canis lupus), including wolf hybrids;
(31) All game birds, including but not limited to, water fowl, chickens, roosters, ducks, geese, turkeys and common pigeon (other than a homing pigeon).
(c) Licensed pet shops, menageries, zoological gardens, and circuses shall be exempt from the provisions of divisions (a) and (b) of this section if all of the following conditions are applicable:
(1) The location conforms to the provisions of the City Zoning Code;
(2) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors;
(3) Animals are maintained in quarters so constructed as to prevent their escape; and
(4) No person resides within 50 feet of the quarters in which the animals are kept.
(d) Notwithstanding any of the foregoing, the Director of Public Safety may grant a specific exemption, on a temporary basis, from any of the provisions of this section to any person with a legitimate scientific, educational or commercial purpose for maintaining the prohibited animals, in accordance with the following provisions:
(1) Written application for exemption shall be filed by any person desiring to obtain an exemption with the Director of Public Safety. The application shall state the applicant's name, address, type and number of animals desired to be kept, general purpose for which the animals will be kept, and a general description of provisions which will be made for safe, sanitary and secure maintenance of the animals.
(2) The Director of Public Safety may grant, deny or restrict the terms of an application for exemption; provided, however, that he shall take some official action on an application within 120 days of its filing.
(3) In considering the merits of an application for exemption, the Director of Public Safety may cause one or more inspections of the applicant's premises to be made by appropriate employees or representatives of the City, and may also refer the application to persons who are technically knowledgeable with respect to the animals involved for an advisory opinion.
(4) In evaluating an application for exemption, the Director of Public Safety shall give consideration to the following criteria:
A. The experience and knowledge of the applicant relative to the animals involved;
B. Whether the applicant has obtained a federal or state permit relative to the animals involved;
C. The relative danger, safety, and health risks to the general public, to persons residing or passing near the applicant's premises, and to the applicant in connection with the animals involved;
D. The provisions which have been or will be made for the safe, sanitary and secure maintenance of the animals for the protection of the general public, persons residing or passing near the applicant's premises, and the applicant;
E. The provisions which have been or will be made to protect the safety and health of the animals involved;
F. Any other logically relevant information.
(5) An application for exemption under this division (d) shall be denied unless the Director of Public Safety determines that, in view of all the relevant criteria and any restrictions which he may provide, reasonably appropriate measures commensurate with the degree of risk associated with the animals involved have been or will be taken to assure at least a minimum acceptable level of protection from danger to the health and safety of the general public, persons residing or passing near the applicant's premises, and the applicant.
(6) An exemption granted pursuant to this division (d) may be withdrawn by action of the Director of Public Safety in the event that the Director of Public Safety determines that there has been a change in the conditions or assumptions under which it was originally granted or in the event that the applicant fails to comply with restrictions originally placed on the exemption.
(7) The Detector of Public Safety shall notify Council at least 30 days prior to any exemption taking effect.
(e) Notwithstanding any of the foregoing, female chickens ("hens," for the purpose of this division (e)), may be kept in the City only in accordance with the following regulations:
(1) Zoning districts. Hens may be kept only in an R1 Residential Single-Family or R2 Residential Single- and Two-Family District.
(2) Application, permit and renewal. Before the keeping of hens may occur, a triannual permit shall have first been obtained from the Director of Public Safety. The permit application must be accompanied by a $25.00 fee paid to the City. New permit applications shall include the following information: the name, phone number, home address and email address of the applicant; the size and location of the subject property; a proposal containing the number of hens the applicant seeks to keep on the property; a description of any coop or outdoor enclosure providing precise dimensions and the precise location of these enclosures in relation to property lines and adjacent properties, with specifications and drawings if available; a certificate or letter showing that the applicant has taken a class in keeping backyard hens from the Ohio State University Extension or other source approved by the Director of Public Safety; the permission of the property owner for the applicant to keep hens, if the applicant is not the owner; and the applicant's permission for any City official to enter the lot to determine whether the permit should be granted and the use maintained. Renewal permit applications shall be on a form prescribed by the Director of Public Safety. Both new and renewal permit applications shall contain a waiver to allow a records check within the City to ensure that the applicant is in compliance with all applicable codes.
(3) Inspection. Within 30 days of the Director of Public Safety or his or her designee receiving the initial application, he or she shall cause the lot to be inspected. The person(s) inspecting the premises shall determine if the lot dimensions in the application are accurate; determine the feasibility of the applicant meeting the remaining criteria in this division (e); and note whether any extraordinary circumstances exist, such as outstanding property citations or unsanitary property conditions, or such as the applicant's proximity to other approved or proposed coops such that a neighborhood may be adversely impacted, that would militate against the granting of the application. For new permit applications, an inspection of the coop and any fencing shall be conducted within 30 days' notice from the applicant that the coop has been installed. A determination shall be made, within 30 days of the inspection, whether the permit should be issued.
(4) Personal use, limitations. Hens may be kept only for personal use by persons residing in the principal structure on the lot on which the hens are kept. No hens may be kept on a lot containing more than three dwelling units. Residents of no more than one dwelling unit within a structure may keep hens on that lot. No more than six hens shall be allowed on any lot.
(5) Setbacks. Coops or accessory structures housing hens shall be kept at least three feet from the side and rear property lines. All such structures shall be located no less than 20 feet behind the rearmost wall of the principal structure on the lot.
(6) Enclosure. The base surface of a coop and run must not exceed 80 square feet and six feet in height and shall be exempt from the lot coverage restrictions contained in the Zoning Code. Hens shall not be allowed out of these enclosures unless the rear yard of the property is fenced along the rear and side lot lines, and a resident of the property on which the hens are kept is directly monitoring them within the fenced area of the back yard such that the resident is able to immediately return the hens to the cage or coop if necessary. The manufacturer's specifications for the coop, or otherwise adequate drawings including dimensions, shall be submitted for approval together with the application for the permit. Hens shall be kept in a covered, predator-proof coop that is well-ventilated and designed to be accessed for cleaning. The enclosure shall be of uniform and sturdy design and constructed of quality materials. Fencing, if used, shall be securely fastened to posts of reasonable strength firmly set into the ground and shall be stretched tightly between support posts. The enclosure shall be maintained in good repair at all times so as to protect the aesthetics of the neighborhood and to not present a blighted or untidy appearance to the property or to neighbors. Hens shall have access to an outdoor enclosure or run that is adequately fenced to contain the hens on the property, to prevent them from running at large, and to prevent access by predators. The combined area of the coop and run shall allow at least three square feet per hen, and shall otherwise be constructed to provide humane conditions and to ensure the health and well-being of the animals occupying it are not endangered by the manner of keeping or confinement.
(7) Sanitation, slaughtering. The coop and outdoor enclosure must be kept clean, dry and sanitary; free from debris and offensive odors; and devoid of rodents and vermin. It shall be so located that adequate drainage is obtained, normal drying occurs and standing water is not present. The coop and outdoor enclosure must be cleaned on a regular basis to prevent the accumulation of waste. All feed must be stored in a rodent-proof container. No hens shall be slaughtered except in accordance with, and only if permitted by, R.C. Chapter 918.
(8) Number and transferability. Within the first year of the effective date of this section, no more than 24 non-transferable permits shall be issued pursuant to this division (e). At the first anniversary of the effective date of this section and at each anniversary thereafter, an additional 13 non-transferable permits may be issued pursuant to this division (e), except that at no time shall the total number of permits issued in the City exceed 50. Initial applications shall be kept on file by the Director of Public Safety and considered in order of their receipt.
(9) Permit revocation. The Director of Public Safety may revoke a permit at any time if the permit holder materially fails to adhere to the provisions of this division (e).
(10) Appeal. Any denial of a permit application or revocation of a permit may be appealed to the Board of Building Standards pursuant to Section 1173.05 of this Code of Ordinances.
(f) Notwithstanding any of the foregoing, bees, and associated hives, may be kept in the City only in accordance with the following regulations:
(1) Definitions. As used in this section, the following words and terms shall have the meanings ascribed in this division (f)(1) unless the context of their usage indicates another usage.
A. "Apiary" means any place where one or more colonies or nucleus colony of bees are kept.
B. "Bees" means any stage of any species of the genus Apis.
C. "Beekeeper" means a person who owns or has charge of one or more colonies of bees.
D. "Beehive" means any modern frame hive, box hive, box, or any other natural or artificial receptacle, or any part thereof, that may be used as a domicile for bees.
E. "Colony" means the beehive and its equipment, including bees, combs and brood.
F. "Beekeeping equipment" means anything used, in the operation of an apiary, such as hive bodies supers, frames, top and bottom boards, hive tools, smoker, gloves, veil, protective clothing, and extracting equipment.
G. "Tract" means a contiguous parcel or land under common ownership.
H. "Nuc" or "nucleus colony" means a small hive smaller than the usual hive box designed for a particular purpose.
I. "Undeveloped property" means any idle land that is not improved or actually in the process of being improved with residential, commercial, industrial, church, park, school or governmental facilities or other structures or improvements intended for human use occupancy and the grounds maintained in association therewith. The term shall be deemed to include property developed exclusively as a street or highway or property used for commercial agricultural purposes.
(2) Zoning districts. Bees may be kept in all zoning districts.
(3) Application, permit, and renewal. Before the keeping of bees may occur, an annual permit shall first be obtained from the Director of Public Safety. Applications shall be filed with the Director of Public Safety. The permit application shall be accompanied by a $5.00 fee paid to the City. All renewal applications shall be filed with the Director of Public Safety by June 1st along with a $5.00 fee paid to the City. Permit applications shall include the following information:
A. The name, phone number, home address and email address of the applicant;
B. The size and location of the subject property;
C. A proposal containing the number of hives the applicant seeks to keep on the property;
D. The permission of the property owner for the applicant to keep bees, if the beekeeper is not the owner;
E. An attestation that the applicant has attended a beekeeping class;
F. The applicant's Ohio Beekeeper number as provided by the Ohio Department of Agriculture; and
G. The applicant's Apiary #(s) as provided by the Ohio Department of Agriculture.
If the applicant does not have their Ohio Beekeeper number and/or their Apiary #(s) at the time of filing then the Director of Public Safety may grant a permit on the condition that the applicant provides their Ohio Beekeeper number and/or their Apiary #(s) within 30 days of approval of the application.
All applications shall contain a waiver, signed by the applicant, providing permission for any City official to enter the property for the purpose of determining the beekeeper's compliance with this section. Permits shall not be transferable. The City shall provide the property owner at least 48 hours written notice prior to entering the property.
(4) Inspection. Within 30 days of the Director of Public Safety or his or her designee receiving the initial application, he or she shall cause the lot to be inspected. The person(s) inspecting the premises shall determine if the applicant is in compliance with this code. The person(s) inspecting the premises shall not manipulate any hives during the inspection.
(5) Regulations.
A. Beekeeper must file the application pursuant to division (f)(3) of this section.
B. Beekeeper must abide by R.C. Chapter 909, Apiaries.
C. Beekeeper may not opt out of the annual inspection by the county or state bee inspector as part of the Ohio Department of Agriculture's inspection program.
D. Each beekeeper shall ensure that a convenient source of water is available to the colony at all times bees remain active outside of the hive. The water source shall be closer to the hives than any neighboring source. The water source may be natural such as a pond, stream, or artificial source. The water source shall be on the beekeeper's property.
E. Each beekeeper shall ensure that no wax, comb, or other material that might encourage robbing by other bees are left upon the grounds of the apiary tract. Such materials once removed from the site shall be handled and stored in sealed containers or placed within a building or other insect-proof container.
F. For each beehive permitted to be maintained under this section, there may also be maintained one nuc upon the same apiary tract.
G. No more than one beehive shall be kept for each 2,500 square feet tract, and no beehive shall be kept on a tract less than 2,500 square feet in area. If an applicant has a greater number of beehives than permitted by this section and possessed those beehives prior to the enactment of this section, then the Director of Public Safety may grant the application.
H. No beehive shall be kept closer than five feet to any lot line and ten feet to a dwelling or the permitted placement of a dwelling on another parcel, and no beehive shall be kept in a front yard or side street yard. The front of any beehive shall face away from the property line of the residential property closest to the beehive.
I. Regardless of tract size, so long as all lots within a radius of at least 200 feet from any hive, measured from any point on the hives, remain undeveloped, there shall be no limit to the number of colonies. No grandfathering rights shall accrue under this division.
J. No hives are permitted on any tract where the setback requirements cannot be satisfied regardless of tract size.
K. The beekeeper may be exempt from the setback to adjacent lot lines by obtaining written permission from all the adjacent lot owner(s). The setback to public sidewalks and roadways may not be waived.
L. Each beekeeper shall maintain her beekeeping equipment in good condition, including keeping the hives painted if they have been painted but are peeling or flaking, and securing unused equipment from weather, potential theft or vandalism, and occupancy by swarms. It shall not be a defense to this section that a beekeeper's unused equipment attracted a swarm and that the beekeeper is not intentionally keeping bees.
(6) Permit revocation. The Director of Public Safety may revoke a permit at any time if the holder materially fails to adhere to the provisions of division (f) of this section.
(7) Appeal. Any denial of a permit application or permit revocation may be appealed to the Board of Building Standards pursuant to Section 1173.05 of this Code of Ordinances.
(g) No exemption granted pursuant to this section shall be construed, nor is it intended by the City as a guaranty or warranty of any kind, whether express or implied to any person, including without limitation the general public, persons residing or passing near the applicant's premises, or the applicant, either in general or individually, as to the danger, or lack thereof, or degree of risk to health or safety of any animal, specifically or generally, or any premises where any animal is maintained or kept pursuant to such exemption.
(h) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be as deemed committed for each day during or on which a violation occurs or continues.
(Ord. 21-2022. Passed 7-5-22.)
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