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505.04 DOGS AND OTHER ANIMALS RUNNING AT LARGE.
(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.)
505.05 CERTAIN ANIMAL CONDUCT PROHIBITED.
(a) No person being the owner or having charge of any animal shall permit such animal to scratch, dig or otherwise damage any lawn, tree, shrub, plant, building or other public or private property other than the property of the owner or person having charge of such animal; provided that this section shall not apply to private property onto which such owner or person having charge of any animal has permission of the owner or occupier of the property authorizing the entry of such animal onto the property.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 88-294. Passed 10-4-88.)
505.06 NUISANCE CONDITIONS PROHIBITED.
(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) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 88-295. Passed 10-4-88.)
505.07 BARKING AND OTHER ANIMAL NOISE.
(a) No person shall keep or harbor any animal, livestock, poultry or wild or exotic animal within the Municipality which, by frequent and habitual howling, yelping, barking or other activity, creates unreasonably loud and disturbing noises of such 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.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 88-296. Passed 10-4-88.)
505.08 ABANDONING ANIMALS.
(a) No owner or keeper of a dog, cat or other domestic animal shall abandon such animal. (ORC 959.01)
(b) Whoever violates subsection (a) hereof is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
(ORC 959.99 (E)(3))
505.09 KILLING, POISONING OR OTHERWISE INJURING ANIMALS.
(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.
(b) 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.
(c) Whoever violates subsection (a) hereof, shall be guilty of a misdemeanor of the first degree.
(d) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree. (Ord. 11-097. Passed 8-2-11.)
505.10 CRUELTY TO ANIMALS GENERALLY.
(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 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 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.
(Ord. 88-299. Passed 10-4-88.)
(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(D))
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