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Mount Vernon Overview
Codified Ordinances of MountVernon, OH
CODIFIED ORDINANCES OF THE CITY OF MOUNT VERNON, OHIO
CERTIFICATION
ROSTER OF CITY OFFICIALS
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF MOUNT VERNON
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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505.04 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))
505.05 KILLING OR 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.
(ORC 959.02)
   (b)   Whoever violates this section, if the value of the animal killed or the injury done amounts to less than three hundred dollars ($300.00), 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, such person is guilty of a misdemeanor of the first degree.
(ORC 959.99(B))
505.06 POISONING ANIMALS.
   (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 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.
(ORC 959.03)
   (b)   Whoever violates this section is guilty of a misdemeanor of the fourth degree. (ORC 959.99(C))
505.07 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 livestock 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.
(ORC 959.13)
   (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))
505.071 CRUELTY TO COMPANION ANIMALS.
   (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)   “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. The term does not include livestock or any wild animal.
      (4)   “Cruelty”, “torment” and “torture” have the same meaning as in Ohio R.C. 1717.01.
      (5)   “Dog kennel” means an animal rescue for dogs, a boarding kennel or a training kennel.
      (6)   “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.
      (7)   “Practice of veterinary medicine” has the same meaning as in Ohio R.C. 4741.01.
      (8)   “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.
      (9)   “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 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 or 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.
   (d)   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.
   (e)   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.
   (f)   Subsections (b), (c), (d) and (e) 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.
   (g)   Notwithstanding any section of the Ohio Revised Code that otherwise provides for the distribution of fine moneys, the Clerk of Court shall forward all fines the Clerk collects that are so imposed for any violation of this section to the Treasurer of the municipality, whose county humane society or law enforcement agency is to be paid the fine money as determined under this section. The Treasurer shall pay the fine moneys to the county humane society or the county, township, municipal corporation, or state law enforcement agency in this state that primarily was responsible for or involved in the investigation and prosecution of the violation. If a county humane society receives any fine moneys under this section, the county humane society shall use the fine moneys either to provide the training that is required for humane society agents under Ohio R.C. 1717.061 or to provide additional training for humane society agents.
(ORC 959.131)
   (h)   (1)   Whoever violates subsection (b) or (d) 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 (e) 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 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)
505.08 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.
505.09 BARKING OR HOWLING DOGS.
   (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 shall allow any dog 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 dog.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
505.10 ANIMAL BITES; REPORTS AND QUARANTINE.
   (a)   Whenever any person is bitten by a dog or other animal, report of such bite shall be made to the Board of Health within twenty-four hours. Whenever it is reported to the Board of Health that any dog, cat or other animal has bitten a person, that dog, cat or animal, if available shall be quarantined under an order issued by the Board of Health. 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 Board of Health 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 Board of Health 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 Board of Health 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. No person shall fail to comply with the requirements of this section or with any order of the Board of Health made pursuant thereto, nor fail to immediately report to the Board of Health any symptoms or behavior suggestive of rabies.
 
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 2012-07. Passed 2-27-12.)
505.11 HUNTING PROHIBITED.
   (a)   No person shall hunt, kill or attempt to kill any animal or fowl by the use of firearms, bow and arrow, air rifle or any other means within the corporation limits of the City with the following exception:
(1)   Between the Monday immediately following the first Sunday of February to the Sunday immediately following the last Saturday of September, a property owner within designated areas established by City Council may apply to the Division of Wildlife of the Ohio Department of Natural Resources for one or more “deer damage permits”. If issued, the property owner or his designee(s) may use only bow and arrow to harvest deer.
      (2)   During any controlled hunt for Canada Geese in Ariel-Foundation Park authorized and regulated by the Safety-Service Director.
         (Ord. 2016-23. Passed 12-27-16.)
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 2013-14. Passed 6-24-13.)
505.12 COLORING RABBITS OR BABY POULTRY; SALE OR DISPLAY OF POULTRY.
   (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 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 minor misdemeanor.
505.13 DANGEROUS WILD ANIMALS AND RESTRICTED SNAKES.
   (a)   For purposes of this section, “dangerous wild animal” and “restricted snake” have the same meanings as set forth in Ohio R.C. 935.01.
   (b)   (1)   Except for a restricted snake specified in Ohio R.C. 935.01(L)(1), no person shall sell or offer for sale at auction a dangerous wild animal or restricted snake.
      (2)   Except for a microchip removed for purposes of a medical emergency by a veterinarian that is qualified to provide veterinary care to the dangerous wild animal, no person shall knowingly remove a microchip that is implanted in a dangerous wild animal as required in Ohio R.C. 935.04.
      (3)   No person that possesses a dangerous wild animal or restricted snake shall fail to post and display any of the following:
         A.   On each cage in which a dangerous wild animal is confined, signs warning the public that a dangerous wild animal is confined in the cage;
         B.   At each entrance to the property where a dangerous wild animal is confined, a sign warning the public that a dangerous wild animal is on the property;
         C.   On each container in which a restricted snake is confined, a sign warning the public that a restricted snake is in the container;
         D.   At the main entrance to each structure where a restricted snake is confined, a sign warning the public that a restricted snake is in the structure;
         E.   On a vehicle that is used to transport a dangerous wild animal or restricted snake, a sign warning that a dangerous wild animal or restricted snake, as applicable, is in the vehicle.
   The signs shall comply with standards established in rules adopted by the State Director of Agriculture.
      (4)   No person shall allow a dangerous wild animal or restricted snake to roam off the property where it is confined.
      (5)   No person shall remove any teeth or claws from a dangerous wild animal or restricted snake, as applicable, unless determined to be medically necessary by a veterinarian. (ORC 935.18)
   (c)   Whoever violates this section is guilty of a misdemeanor of the first degree on the first offense. On a second or subsequent offense, such person is guilty of a felony and shall be prosecuted under appropriate State law. (ORC 935.99)
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