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(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, 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.
(ORC 959.13)
(d) Whoever violates division (a) of 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 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.
(ORC 959.99(D))
(a) As used in this section:
(1) “Animal rescue for dogs.” Has the same meaning as in Ohio R.C. 956.01.
(2) “Boarding kennel” has the same meaning as in Ohio R.C. 956.01.
(3) “Captive white-tailed deer” has the same meaning as in Ohio R.C. 1531.01.
(4) “Companion animal” means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept, including a pet store as defined in Ohio R.C. 956.01. “Companion animal” does not include livestock or any wild animal.
(5) “Cruelty,” “torment,” and “torture” have the same meanings as in Ohio R.C. 1717.01.
(6) “Dog kennel” means an animal rescue for, a boarding kennel, or a training kennel.
(7) “Federal Animal Welfare Act” means the “Laboratory Animal Act of 1966,” Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C. 2131 et seq., as amended by the “Animal Welfare Act of 1970,” Pub. L. No. 91-579, 84 Stat. 1560 (1970), the “Animal Welfare Act Amendments of 1976,” Pub. L. No. 94-279, 90 Stat. 417 (1976), and the “Food Security Act of 1985,” Pub. L. No. 99-198, 99 Stat. 1354 (1985), and as it may be subsequently amended.
(8) “Livestock” means horses, mules, and other equidae; cattle, sheep, goats, and other bovidae; swine and other suidae; poultry; alpacas; llamas; captive white-tailed deer; and any other animal that is raised or maintained domestically for food or fiber.
(9) “Practice of veterinary medicine” has the same meaning as in Ohio R.C. 4741.01.
(10) “Residential dwelling” means a structure or shelter or the portion of a structure or shelter that is used by one or more humans for the purpose of a habitation.
(11) “Serious physical harm.” Means any of the following:
A. Physical harm that carries an unnecessary or unjustifiable substantial risk of death;
B. Physical harm that involves either partial or total permanent incapacity;
C. Physical harm that involves acute pain of a duration that results in substantial suffering or that involves any degree of prolonged or intractable pain.
(12) “Torment.” Has the same meaning as in R.C. § 1717.01.
(13) “Torture.” Has the same meaning as in R.C. § 1717.01.
(14) “Training kennel” means an establishment operating for profit that keeps, houses, and maintains dogs for the purpose of training the dogs in return for a fee or other consideration.
(15) “Wild animal” has the same meaning as in Ohio R.C. 1531.01.
(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.
(c) No person shall knowingly cause serious physical harm to a companion animal.
(d) No person who confines or who is the custodian or caretaker of a companion animal shall negligently do any of the following:
(1) Torture, torment, or commit an act of cruelty against the companion animal;
(2) Deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water 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 or confinement;
(3) 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 lack of adequate shelter.
(e) No person who confines or who is the custodian or caretaker of a companion animal shall recklessly deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water.
(f) 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:
(1) Torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against the companion animal;
(2) Deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water if it is reasonably expected that the companion animal would die or experience unnecessary or unjustifiable pain or suffering as a result of the deprivation or confinement;
(3) 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 is reasonably expected that the companion animal would die or experience unnecessary or unjustifiable pain or suffering as a result of or due to the lack of adequate shelter.
(g) 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) Torture, torment, or commit an act of cruelty against the companion animal;
(2) Deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water 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 or confinement;
(3) 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 lack of adequate shelter.
(h) Divisions (b), (c), (d), (e), (f), and (g) 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.
(i) (1) Whoever violates division (b) or (e) 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 (c) of this section is guilty of a felony to be prosecuted under appropriate state law.
(3) Whoever violates division (d) 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.
(4) Whoever violates division (f) of this section is guilty of a felony to be prosecuted under appropriate State law.
(5) Whoever violates division (g) 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 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 division (a) of this section or 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 has 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.
(ORC 959.99(E))
Statutory reference:
Impoundment of companion animals; notice and hearing, see Ohio R.C. 959.132
(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 person shall permit any animal to place waste upon public land or upon the premises of another within the Village.
(c) Any person observing or learning of his or her animal placing waste upon public land shall immediately remove said waste from said public land and dispose of said waste in an enclosed container.
(d) For purposes of this section:
(1) “Animal” means a domestic animal, including, but not limited to dogs, horses and cats.
(2) “Public land” means any and all property owned by the Village, including sidewalks, rights-of-way, streets and park land.
(3) “Waste” means fecal matter derived from animals.
(e) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 1580. Passed 7-2-07.)
(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) (1) Whenever any person is bitten by a dog or other animal, report of such bite shall be made to the Health Commissioner within twenty-four hours. Whenever it is reported to the Health Commissioner that any dog or cat has bitten a person, that dog or cat shall be quarantined under an order issued by the Health Commissioner. The dog or cat shall be quarantined by its owner or by a harborer, or shall be quarantined in a pound or kennel. In all cases, such quarantine shall be under the supervision of the Health Commissioner and shall be at the expense of the owner or harborer. Quarantine shall continue until the Health Commissioner determines that the dog or cat is not afflicted with rabies. The quarantine period hereby required shall not be less than ten days from the date on which the person was bitten. If at any time during the quarantine, the Health Commissioner requires the dog or cat to be examined for symptoms of rabies, then the examination shall be by a licensed doctor of veterinary medicine. The veterinarian shall report to the Health Commissioner the conclusions reached as a result of the examinations. The examination by a veterinarian shall be at the expense of the owner or harborer. No dog or cat shall be released from the required quarantine unless and until it has been properly vaccinated against rabies.
(2) No person shall fail to comply with the requirements of this section or with any order of the Health Commissioner made pursuant thereto, nor fail to immediately report to the Health Commissioner any symptoms or behavior suggestive of rabies.
(b) Whoever violates this section is guilty of a minor misdemeanor.
(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) Definitions. As used in this Chapter, certain terms are defined as follows:
(1) “Animal Warden” means the Village Administrator and his or her designee, who may be a Village employee or a contractor hired to act as Animal Warden on behalf of the Village, and those employees of the Village or its contractor designated by the Director as Animal Wardens.
(2) “Dangerous dog” means a dog which, without provocation, 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, or which presents a risk to the safety of any person, or which has caused serious physical injury to another domestic animal.
A. A “dangerous dog” shall not include the following:
1. A police dog that is being used to assist one or more law enforcement officers in performance of their duties.
2. A dog which has caused injury to any person while such 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.
B. It shall be prima-facie evidence that a dog is dangerous if its owner, keeper or harborer has been notified in writing by the Animal Warden that the dog is considered dangerous, based on the following:
1. One or more verified incidents reported to the Village that the dog, without provocation, 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, or has caused serious physical injury to any domestic animal; or
2. Because of improper training, neglect, prior history, physical or other characteristics including height, weight and breed, or other good and sufficient cause, the dog presents a risk to the safety of any person.
C. A determination by the Animal Warden that a dog is dangerous may be appealed as set forth in Ohio R.C. 955.222.
(3) “Menacing fashion” means that a dog would cause any person being chased or approached to reasonably believe that a dog will cause physical injury to that person.
(4) “Owner, keeper or harborer” means a person who owns, provides shelter or cares for an animal, or otherwise has control of or is responsible for such animal.
(5) “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.
(6) “Vicious dog” means a dog that, without provocation, has attacked any person with such severity or has caused such physical harm so as to cause a reasonable person to conclude that the dog presents a substantial risk to the safety of any person, or has killed another domestic animal.
A. A “vicious dog” shall not include the following:
1. A police dog that is being used to assist one or more law enforcement officers in the performance of their duties.
2. A dog that has caused injury to any person while such 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.
B. It shall be prima-facie evidence that a dog is vicious, if its owner, keeper or harborer has been notified in writing by the Animal Warden that the dog is considered vicious, based upon the following:
1. One or more verified incidents reported to the Village that the dog has, without provocation, attacked any person with such severity or has caused such physical harm so as to cause a reasonable person to conclude that the dog presents a substantial risk to the safety of any person; or
2. One or more verified incidents reported to the village that the dog has, without provocation, killed another domestic animal.
(7) “Without provocation” means that a dog was:
A. Not teased, tormented or abused by a person; or
B. Not coming to the aid or the defense of a person, provided that such person was not engaged in illegal or criminal activity and was not using the dog as a means of carrying out such activity; or
C. In the case of another domestic animal, that the dog was not attacked by such animal or that such animal was not running at large.
(b) Dangerous Dogs. No owner, keeper or harborer of a dangerous dog shall fail to post a sign conspicuously on the property visible to any person approaching the property from the street that states that a dangerous dog is present on the premises, or shall fail to do either of the following, except when the dog is lawfully engaged in hunting or training for the purpose of hunting, accompanied by a licensed hunter;
(1) While the dog is on the premises of the owner, keeper or harborer, securely confine or restrain it on a chain-link leash having a minimum tensile strength of 300 pounds that extends no closer than ten feet from the nearest property boundary.
(2) While the dog is off the premises of the owner, keeper of harborer, keep it on a chain-link leash with a minimum tensile strength of 300 pounds that is not more than six feet in length and additionally do at least one of the following:
A. Keep the dog in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top; or
B. Have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to the dog so as to prevent it from causing injury to any person; or
C. Muzzle the dog.
(c) Vicious Dogs.
(1) No owner, keeper or harborer of a vicious dog shall fail to post a sign conspicuously on the property visible to any person approaching the property from the street that states that a vicious dog is present on the premises, or shall fail to do either of the following, except when the dog is lawfully engaged in hunting or training for the purpose of hunting, accompanied by a licensed hunter:
A. While that dog is on the premises of the owner, keeper or harborer, keep the dog locked inside a structure on the property that provides adequate ventilation, or while the dog is outside keep it securely confined at all times in a locked pen or other locked enclosure which has a top.
B. While that dog is off the premises of the owner, keeper or harborer, keep it on a chain-link leash having minimum tensile strength of 300 pounds, and that is not more than four feet in length and additionally do at least one of the following:
1. Keep that dog in a locked pen or other locked enclosure which has a top;
2. Have the leash controlled by a person who is of suitable age and discretion to adequately restrain the dog, and keep the dog muzzled at all times while off the premises, except when being examined or treated by a veterinarian.
(2) No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in the State of Ohio providing coverage in each occurrence, subject to a limit, exclusive of interests and costs, of not less than three hundred thousand dollars ($300,000) because of damage or bodily injury to or death of a person, or damage or injury to any domestic animal or property, caused by the vicious dog.
(3) Upon the request of the Animal Warden or his or her designee, an owner, keeper or harborer of a vicious dog shall produce the evidence of insurance required pursuant to this section.
(4) In the event the Animal Warden or his or her designee or a law enforcement officer has probable cause to believe that a vicious dog is being kept or harbored in violation of subsections (c)(2), (c)(6), (c)(7) or (c)(8) hereof, they may petition the Municipal Court to order the seizure and impoundment of such dog pending trial. In the event that the Animal Warden or his or her designee or a law enforcement officer has probable cause to believe that a vicious dog is being kept or harbored in a violations of subsection (c)(1)A. or (c)(1)B. hereof, they may seize and impound the vicious dog with the right of the owner, keeper or harborer having the right to appeal such action as set forth in Ohio R.C. 955.222.
(5) Any locked pen which has a top, locked fenced yard, or other locked enclosure which has a top, as described in this section, shall not be constructed or maintained without first obtaining approval from the Village, where such approval is required pursuant to the Village's Zoning or Building Codes.
(6) No person shall own, keep or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging such dog to unprovoked attacks upon humans or domestic animals.
(7) No person shall possess with intent to sell, or offer for sale, breed, or purchase or transfer or attempt to purchase or transfer within the Village any vicious dog.
(8) No person shall do any of the following:
A. Debark or surgically silence a dog that the person knows or has reason to believe is a vicious dog;
B. Possess a vicious dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
C. Falsely attest on a waiver form provided by the veterinarian under division (7) of this section that the person's dog is not a vicious dog or otherwise provide false information on that written waiver form.
(d) Penalty.
(1) Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the first degree.
(2) Upon conviction for a violation of any provision of this chapter, the Municipal Court may order the owner, keeper or harborer of any animal which is determined by the Court to be vicious, or a perennial and continued nuisance, or which constitutes a serious threat to the health or safety of the public, to forthwith remove such animal from the Village, or the Court may order the Chief of Police to cause the animal to be impounded and destroyed, or otherwise disposed of as the Court shall determine.
(3) Any person found guilty of violating any provision of this chapter shall pay all expenses, including shelter, food and necessary veterinary expenses incurred by the Village as a result of its seizing and impounding of any animal, and such other expenses as may be required for the destruction of any such animal.
(Ord. 1108. Passed 6-15-87; Ord. 1747. Passed 5-16-16.)
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