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(a) No person shall maliciously, or willfully and without the consent of the owner, kill or injure a dog, cat, or any other domestic animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity.
(ORC 959.02)
(b) Except as otherwise provided in this division, whoever violates division (a) of this section is guilty of a misdemeanor of the second degree. If the value of the animal killed or the injury done amounts to three hundred dollars ($300.00) or more, whoever violates division (a) of this section is guilty of a misdemeanor of the first degree.
(ORC 959.99(B))
(a) 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 dog, cat, or any 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 such animal, either upon his or her own lands or the lands of another.
(ORC 959.03)
(b) Whoever violates division (a) of this section is guilty of a misdemeanor of the fourth degree.
(ORC 959.99(C))
(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. 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. The shelter shall be appropriate to the animal’s size, weight, and other characteristics, with sufficient space to allow the animal to turn about freely and lie in a normal position;
(3) Keep any animal in a place that is unsanitary, including any place where there is an accumulation of feces or other waste, or foul odor, or insect or rodent infestation;
(4) Carry or convey an animal in a cruel or inhuman manner;
(5) 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;
(6) 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 general fund.
(d) Whoever violates division (a) of this section is guilty of a misdemeanor of the first degree, and shall be subject to the penalty provided in Section 698.02. 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.
(Ord. 98-O-23. Passed 12-8-98; Ord. 2015-O-25. Passed 11-24-15.)
Statutory reference:
Cruelty to animals, see Ohio R.C. 959.13
Impoundment of companion animals; notice and hearing, see Ohio R.C. 959.132
(a) As used in this section:
(1) “Companion animal” is any dog, cat, or other domesticated animal that is cared for or maintained by any person.
(2) “Cruelty”, “torment”, and “torture” as defined in Ohio R.C. 1717.01.
(3) “Residential dwelling” is a structure or any part of a structure that is used for human habitation.
(4) “Practice of veterinary medicine” as defined in Ohio R.C. 4741.01.
(5) “Wild animal” as defined in Ohio R.C. 1531.01.
(6) “Federal Animal Welfare Act” as defined in Ohio R.C. 959.131.
(7) “Dog kennel” means an animal rescue for dogs that is registered under Ohio R.C. 956.06, a boarding kennel or a training kennel.
(b) 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; including confining an animal in a motor vehicle under any conditions that endanger the safety or well being of the animal.
(c) No person who owns or keeps a companion animal shall fail to provide the animal all of the following needs:
(1) Clean, potable drinking water at all times, and suitable food of sufficient quality and quantity as to ensure normal growth and the maintenance of normal body weight;
(2) Food and water receptacles that are kept clean and disinfected, and located so as to avoid contamination by feces or other wastes;
(3) Regular exercise sufficient to maintain the animal’s good health;
(4) Necessary veterinary care;
(5) Shelter from the elements, including heat, cold, wind, rain, snow or excessive direct sunlight. If the animal is housed outside, a structure for shelter and protection must be provided that is suitable for the species age, condition, size, and type of that animal. The structure must be completely enclosed, having a single entrance/exit secured with a flap or door or similar device. The structure shall be moisture-resistant, wind-resistant, and of suitable size and type to allow the animal to stand, turn about freely, lie in a normal position, and regulate proper body temperature. The structure shall be made of a durable material with a solid, moisture-proof floor and a floor raised at least two inches from the ground. 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. Proper bedding of straw or similar material, that remains dry, must be utilized inside the structure. All structures required by this section shall be subject to all building and zoning regulations.
(d) 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:
(1) Commit any act or failure to act against the companion animal, which would reasonably cause unnecessary or unjustifiable pain or suffering when there is a reasonable remedy or relief;
(2) Needlessly kill the companion animal;
(3) 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.
(e) Divisions (b), (c), and (d) of this section do not apply to any of the following:
(1) A companion animal used in scientific research conducted by an institution in accordance with the Federal Animal Welfare Act and related regulations;
(2) The lawful practice of veterinary medicine by a person who has been issued a license, temporary permit, or registration certificate to do so under Ohio R.C. Chapter 4741;
(3) 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;
(4) 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;
(5) 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 Ohio R.C. Chapter 4741.
(f) (1) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the first degree on a first offense. On each subsequent offense such person is guilty of a felony and shall be prosecuted under appropriate State law.
(2) Whoever violates subsection (c) 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.
(3) Whoever violates subsection (d) hereof is guilty of a misdemeanor of the first degree.
(4) A. A court may order a person who is convicted of or pleads guilty to a violation of this section to forfeit to an impounding agency, as defined in Ohio 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 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 Ohio R.C. 959.132.
(5) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation 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. 2015-O-25. Passed 11-24-15.)
Statutory reference:
Prohibitions concerning companion animals, see Ohio R.C. 959.131
Related penalties, see Ohio R.C. 959.99
(a) “Tethering” means a rope, chain, cord, dog run or pulley, or similar restraint for holding an animal in place, allowing a radius in which it can move about.
(b) The tethered animal shall be:
(1) Provided a house or shelter that will provide shade, protection from snow, rain, or other inclement weather.
(2) Provided adequate water and food on a daily basis. Water shall be provided on an “as needed” basis.
(3) Attached by a tether that is a minimum of 20 feet in length.
(4) 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 to cause injury.
(c) The tethered animal shall not:
(1) Be allowed to continuously bark or make other noise that can be heard on the surrounding property.
(2) Enter the property of another.
(3) Have a tether attached with a prong type, pinch type, or choke type collar, or a collar that will cause injury to the animal.
(d) No animal will be tethered if a law enforcement officer requests that the tether not be used as a result of this section.
(e) Whoever violates this section is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the first degree on the third or any subsequent offense. Notwithstanding the foregoing penalties, if an animal becomes sick or injured as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 2015-O-25. Passed 11-24-15.)
(a) No person shall dye or otherwise color any rabbit or baby poultry, including, but not limited to, chicks and ducklings. No person shall sell, offer for sale, expose for sale, raffle or give away any rabbit or baby poultry which has been dyed or otherwise colored. No poultry younger than four weeks of age may be sold, given away or otherwise distributed to any person in lots of less than three. Stores, shops, vendors and others offering young poultry for sale or other distribution shall provide and operate brooders or other heating devices that may be necessary to maintain poultry in good health, and shall keep adequate food and water available to the poultry at all times.
(ORC 925.62)
(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree on a first offense; each subsequent offense is a misdemeanor of the third degree.
(ORC 925.99(B))
(a) No person shall keep or harbor any dog within the Municipality which, by frequent and habitual barking, howling or yelping, creates unreasonably loud and disturbing noises of such a character, intensity and duration as to disturb the peace, quiet and good order of the Municipality. Any person who allows any dog habitually to remain or be lodged or fed within any dwelling, building, yard or enclosure, which he or she occupies or owns, shall be considered to be harboring such dog.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(a) No owner, keeper, or harborer of a dog more than three months of age, nor owner of a dog kennel, shall fail to file an application for registration required by Ohio R.C. 955.01, nor shall he or she fail to pay the legal fee therefor.
(ORC 955.21)
(b) Whoever violates this section shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) on a first offense, and on each subsequent offense shall be fined not less than seventy-five dollars ($75.00) nor more than two hundred fifty dollars ($250.00) and may be imprisoned for not more than 30 days.
(ORC 955.99(E))
(a) No owner of a dog, except a dog constantly confined to a dog kennel registered under Ohio R.C. Chapter 955 or one licensed under Ohio R.C. Chapter 956, shall fail to require the dog to wear, at all times, a valid tag issued in connection with a certificate of registration. A dog found not wearing at any time a valid tag shall be prima-facie evidence of lack of registration and shall subject any dog found not wearing such a tag to impounding, sale, or destruction.
(ORC 955.10)
(b) Whoever violates this section is guilty of a minor misdemeanor.
(ORC 955.99(B))
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