505.01 PROHIBITING THE KEEPING OF WILD OR OTHER ANIMALS.

B. Marsupialia (bandicoot, brushtail, glider, kangaroo, koala, marsupial cats, monito, mulgara, numbat, oppossum, phalanger, possom, quokka, quell, rat kangaroo, Tasmanian devil, wallaby, wombat)

C. Insectivora (desman, hedgehog, mole, moonrat, shrew, solenodon, tenrec)

D. Chiroptera (bat, flying fox, myotif, noctule, pipistrelle, roulette, serotine)

E. Primates (aye-aye, ape, bush baby, chimpanzee, gibbon, gorilla, indri, femur, lords, monkey, orgauutan, potto, siamang, sifaka, tarsier)

F. Scandentia (tree shrew)

G. Dermoptera (flying femur)

H. Edentata (anteater, armadillo, sloth, tamandua)

I. Pholidota (pangolin)

J. Rodentia (acouchi, agouti, beaver, capybara, coypu, degu, gundi, hutia, marmot, mole-rat, muskrat, pace, pacarana, porcupine, prairie dog, rat, springhass, squirrel, tucotuco, viscacha, woodchuck)

K. Cetacea (whale, dolphin, porpoise)

L. Canidae (bush dog, coyote, dhole, gundi, fox, jackal, raccoon dog, wild dog, wolf)

M. Ursidae (bear)

N. Procyonidae (cacomistle, coat), kinkajou, olingo, panda, raccoon, ringtail)

O. Mustelidae (badger, ferret, grison, marten, mink, otter, polecat, sable, skunk, tayra, weasel, wolverine)

P. Viverridae (binturong, civet, falanouc, fanaloka, fossa, genes, linsang, meerkat, mongoose)

Q. Hyacnidae (aaridwolf, hyena)

R. Felidae (bobcat, cheetah, jaguar, leopard, lion, Iynx, ocelot, puma, tiger, wild cat)

S. Pinnipedia (seal, sea lion, walrus)

T. Tubulidentata (aardvark)

U. Proboscidea (elephant)

V. Hyracoidea (hyrax)

W. Sirenia (dugong, manatee, sea cow)

X. Perissodactyla (rhinoceros, tapir, zebra)

Y. Suidae (boar, warthog, wild pig)

Z. Tayassuidae (peccary)

AA. Hippopotamidae (hippopotamus)

BB. Camelidae (alp ace, camel, guanaco, llama, vicuna)

CC. Tragulidae (chevrotain)

DD. Moschidae (musk deer)

EE. Cervidae (brocket, chital, deer, huemul, moose, muntjac, pudu, reindeer, sambar, wapiti)

FF. Giraffidae (giraffe, okapi)

GG. Bovidae (banteng, bison, buffalo, duiker, dwarf antelope, four-horned antelope, guar, gazelle, goat antelope, grazing antelope, pronghorn, spiral-horned antelope, yak)

HH. Crocodilia (alligator, caiman, caviar, crocodile)

II. Chondrichthyes (shark)

JJ. Sphenisciformes (penguin)

KK. Struthioniformes (emu, ostrich, rhea)

LL. Falconiformes (eagle, hawk, osprey, vulture)

MM. Strigiformes (owl)

NN. Any other dangerous animal. "Dangerous animal" includes any mammal, reptile or fowl which is not naturally tame or gentle, but is of a wild nature or disposition and which because of its size, vicious nature or other characteristics would constitute a danger to human life or property if it escaped from secure quarters. "Dangerous animal" also includes any domestic, reptile or fowl which because of its size or vicious propensity or other characteristics would constitute a danger to human life or property if it escaped from secure quarters.

(b) Subsection (a) hereof shall not apply to medical and educational institutions and duly licensed pet stores, if:

(1) Their locations conform to the provisions of the zoning ordinance of the City.

(2) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors and noise.

(3) Animals are maintained in quarters so constructed as to prevent their escape.

(4) No person lives or resides within 100 feet of the quarters in which the animals are kept.

(c) Subsection (a) hereof shall not apply to shows or exhibits duly licensed and approved by the Police Department. However, no permit shall be approved where it is proposed that spectators are to come into direct contact with wild animals as defined in subsection (a) hereof.

(d) Temporary possession of wild, native animals obtained through legal means for bird banding and other forms of scientific study shall not be restricted.

(e) Incapacitated animals can be possessed temporarily if they pose no threat to public health or safety and are reported to legal authorities for final disposition.

(f) Any person, firm or corporation failing to comply with any provision of this section is guilty of a misdemeanor of the fourth degree.

Any person, firm or corporation failing to comply with any provision of this section, and having a prior conviction under this section, is guilty of a misdemeanor of the second degree. (Ord. 88-290. Passed 10-4-88.)

505.02 RESTRICTING THE KEEPING OF CERTAIN ANIMALS.

(a) Fowl. No person shall keep, harbor or maintain chickens or other poultry, excluding homing pigeons, in the City, except that the keeping, harboring or maintaining of any such animals may be authorized by the Director of Code and Permits for the City by permit duly issued therefor, provided that such animals are located on lots or parcels of three acres or more.

(b) Hoofed Animals. No person shall keep, harbor or maintain any horse, pony, cow, hog, calf, goat or other hoofed animal in the City, except that the keeping, harboring or maintaining of any such animals may be authorized by the Director of Codes and Permits for the City by permit duly issued therefor, provided that such animals are located on lots or parcels of three acres or more.

(Ord. 88-332. Passed 10-18-88.)

(c) Permits. Such permits may be issued by the Director on written application therefor in such form as the Director requires, and shall specify any restrictions, limitations, conditions or prohibitions which the Director deems reasonably necessary to protect any person or any neighboring use from unsanitary conditions, unreasonable noise or odors, or other annoyance, or to protect the public health or safety. All such animals kept in connection therewith shall be located no closer than fifty feet to any building used or designed for human habitation.

The Director shall investigate or cause to be investigated the keeping of any such fowl or hoofed animals and shall report the results of such investigation to the Planning Commission. The Commission may, at its discretion, conduct a public hearing on the manner and extent of keeping or maintaining such fowl or hoofed animals and, following such public hearing, may impose such limitations, restrictions, conditions or prohibitions on the keeping or maintaining of any such fowl or hoofed animals on the premises as, in its sound judgement, are reasonably necessary to protect any person or any neighboring use from unsanitary conditions, unreasonable noise or odors, or other annoyance, or to protect the public health or safety.

(Ord. 06-019. Passed 1-17-06.)

(d) Penalty. Any person, firm or corporation failing to comply with any provision of this section is guilty of a misdemeanor of the fourth degree.

505.03 VICIOUS AND DANGEROUS DOGS.

(a) As used in this section:

(1) A. "Dangerous dog" means a dog that, without provocation, and subject to subsection (a)(l)B. hereof, has chased or attempted to bite or otherwise endanger any person, while the dog is off the premises of its owner, keeper or harborer and not under the absolute control of its owner, keeper, harborer or some other responsible adult person.

B. "Dangerous dog" does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger 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) "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.

(3) "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.

(4) A. "Vicious dog" means a dog that, without provocation and subject to subsection (a)(4)B. hereof:

1. Has killed or caused serious injury to any person,

2. Has caused injury, other than killing or serious injury, to any person, or has killed another domesticated animal,

3. Dogs trained to assist blind, deaf, or mobility impaired persons while in performance of their trained duties.

(a) Blind and mobility impaired person have the same meaning as Ohio R.C. 955.011(B).

(b) Deaf means any person whose hearing loss is 90 decibels or higher.

B. "Vicious dog" does not include either of the following:

1. A police dog.

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.

3. Dogs trained to assist blind, deaf, or mobility impaired persons while in performance of their trained duties.

(a) Blind and mobility impaired person have the same meaning as Ohio R.C. 955.011(B).

(b) Deaf means any person whose hearing loss is 90 decibels or higher.

(5) "Without provocation" means:

A. The threat, injury, or death was not sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog, or was committing a willful trespass or other tort upon the premises or property owned or occupied by the owner of the animal. Also the dog was not used as means of carrying out such activity,

B. The injured, threatened, or killed person was not abusing, assaulting, teasing, tormenting, or physically threatening the dog or its offspring, or has not in the past abused, assaulted, teased, tormented, or physically threatened the dog or its offspring; or

C. The dog was not responding to pain or injury, or was not protecting itself, its owner, custodian, or member of its household, kennel, or offspring, and the injured, threatened, or killed companion animal was not attacking or threatening to attack the dog or its offspring.

(6) "Confined" means in a securely enclosed and locked pen or structure upon the premises of the owner of the dog. The pen or structure shall have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground no less than one foot. All such pens or structures shall be adequately lighted and kept in a clean and sanitary condition. If confined in a dwelling, it cannot have direct ingress from or egress to the outdoors unless it leads directly to an enclosed pen and the door must be locked.

(b) Vicious dogs are hereby prohibited within the jurisdictional limits of the City.

(1) Persons who presently have vicious dogs licensed in the City shall make the dog confined in a locked pen on the premises and shall have liability insurance with coverage in effect, exclusive of interest and costs, of not less than fifty thousand dollars ($50,000) for damage or bodily injury to or death of a person caused by the vicious dog for each occurrence. The owner shall provide proof of current insurance coverage with the Chief of Police within thirty days of the effective date of this section. The owner shall not permit the dog to go beyond the premises of the owner unless the dog is properly in leash and the dog is muzzled in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.

Further, the owner shall display in a prominent place on his or her premises a clearly visible warning sign indicating that there is a vicious dog on the premises. A similar sign is required to be placed on the pen of the animal.

(2) Persons who presently have vicious dogs shall not acquire another vicious dog once the vicious dog they presently have registered with the County Auditor dies or is sold or otherwise disposed of.

(c) Dangerous dogs shall not be permitted to go beyond the premises of the owner, keeper or harborer at any time under the supervision of an individual at least 18 years old and muzzled or properly in leash.

"Properly in leash" means secured on a chain no more than three feet in length with at least 300 pounds of tensile strength and under the physical restraint of a responsible adult person.

(d) No owner, keeper or harborer of any dangerous dog shall fail so at any time to keep it either physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, as defined in subsection (c) hereof, adequate fence, supervision or secure enclosure to prevent escape, or under absolute control of some responsible adult person.

(e) Whoever violates subsection (b) hereof shall be guilty of a misdemeanor of the first degree and the Court may order the dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society. Subsequent offenses shall be a felony of the fourth degree and the Court shall order the vicious dog humanely destroyed by a licensed veterinarian, the County Dog Warden or the Humane Society.

Whoever violates subsections (c) or (d) hereof shall be guilty of a misdemeanor of the fourth degree. Subsequent violations shall be misdemeanors of the third degree.

(Ord. 17-192. Passed 11-21-17.)

505.04 DOGS AND OTHER ANIMALS RUNNING AT LARGE.

(a) No person being the owner or having charge of cattle, sheep, geese, ducks, turkeys, chickens or other fowl or other animals enumerated in Sections 505.01 or 505.02, shall permit them to run at large upon any public place or upon the premises of another.

(b) No owner, keeper or person having control over a dog shall permit such dog to go beyond the premises of such owner, keeper or person having the control, unless the dog is accompanied by such owner, keeper or person having the control, and unless the dog is effectively restrained by a chain or lead not exceeding six feet in length.

Any dog, whether licensed or not, found running at large or found unaccompanied or- unrestrained as required by this section shall be impounded.

(c) No owner, keeper or harborer of any dog shall fail at any time to keep it either physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, tether, adequate fence, supervision or secure enclosure to prevent escape, or under reasonable control of same person.

(d) The running at large of any such animal in or upon the places mentioned in this section is prima facie evidence that it is running at large in violation of this section.

(e) Whoever violates this section is guilty of a minor misdemeanor; provided, that whoever violates this section, and has previously pleaded guilty or been found guilty under this section, shall be guilty of a misdemeanor of the fourth degree, unless the violation of this Section by the owner, keeper, harborer, or person having the control was done recklessly, then a violation shall be a misdemeanor of the first degree.

(f) Any owner, keeper, harborer, or person having control over a dog found running at large or found unaccompanied or unrestrained shall be strictly liable to pay or indemnify any person who has suffered injury or damage to themselves or their property, as a result of a reckless dog attack, whether the attack occurs on or off the premises of the owner, keeper, harborer, or person having control over a dog. For purposes of this Section, reckless shall have the same meaning as Ohio Revised Code 2901.22. The Mansfield Municipal Court shall have the authority to issue an order of payment or indemnification or restitution, including but not limited to, veterinarian or medical expenses. The amount of the payment or indemnification or restitution shall be twice the amount of the value of the injured or killed dog and/or any medical or veterinarian bills, but not to exceed the monetary jurisdiction of the Mansfield Municipal Court. The authority of the Mansfield Municipal Court shall not deprive the victim of any other civil remedy under law. (Ord. 17-213. Passed 12-19-17.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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