618.05  CRUELTY TO ANIMALS.
   (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.
(ORC 959.13; Ord. 80-19. Passed 3-3-80.)
   (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.  This section does not prevent the dehorning of cattle.
   (c)   All fines collected for violations 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)) (Ord. 04-43. Passed 11-15-04.)
   (e)   Whoever violates 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.
(Ord. 07-30.  Passed 7-16-07.)