(a) For purposes of this Section 505.01, the following definitions shall be
applicable:
(1) Animal Control Officer shall mean any person employed or appointed by the Village who is authorized to investigate, on public or private property, civil infractions related to Animal Control or cruelty to animals, and to issue citations.
(2) Collar shall mean a device that encircles the neck of the animal (or other appropriate body part) and contains or has attached thereto the appropriate registration tags (as set forth in Codified Ordinance Section 505.03
) including the name, address and telephone number of the owner.
(3) Control shall mean to exercise dominance in a fashion so as to clearly and unequivocally demonstrate and maintain unwavering command over the Animal.
(4) Restraint shall mean by leash, cord, chain, or other appropriate physical means.
(5) At-Large shall mean an animal that is
A. Off the premises of the owner or keeper and not under Control of the owner by means of a Restraint;
B. In a common area of an apartment, condominium, townhouse or duplex and not under Control of the owner or keeper by means of a Restraint;
C. On or in an unenclosed or unfenced portion of the premises of the owner or keeper where the owner is either not present or not able to Control the animal; and/or
D. Anchored to any real property of the animal's owner or keeper, if the Restraint extends beyond the property line of the owner or keeper.
(b) No person being the owner or having charge of dogs, cats, cattle, horses, swine, sheep, geese, ducks, goats, turkeys, chickens or other fowl or animals shall permit them to run at-large upon any public place, or upon any unenclosed lands, or upon the premises of another.
(c) Any person or legal entity who shall own, be in custody of, be responsible for, or be in control of, any dog or cat shall not allow or permit such dog or cat to enter upon any public or private road right-of-way, dedicated right-of-way, public property, or private property of another when such right-of-way or property is located within the Village, unless said dog or cat is wearing a collar and is in the actual physical control of such a person by a restraint. In the case of entry upon private property of another, such entry shall be only upon permission of the property owner or lessee.
(d) It shall be the duty and responsibility of Village law enforcement officials and officers to assist in the enforcement of this section.
(e) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(f) Any Animal Control Officer or Law Enforcement Officer shall have the authority to issue a citation when the officer has probable cause to believe that a person or entity has committed a violation of this ordinance. The person or entity cited may contest the citation in the municipal conrt then providing municipal conrt services for the Village. Any citation issued hereunder shall contain the following:
(1) The date and time of issuance.
(2) The name and address of the person or entity violating this ordinance.
(3) The date and time of the offense.
(4) The facts constituting probable cause.
(5) A reference to the number of this ordinance.
(6) The name and authority of the Animal Control Officer or Law Enforcement Officer.
(7) The maximum applicable civil or criminal penalty.
(8) A conspicuous statement that the person or entity may contest the citation in mlli1icipal court.
(g) In the event that any dog or cat owner cannot be conveniently located to take control of the dog or cat, the dog or cat may be caught by the Animal Control Officer and impounded at any impoundment facility located within Cuyahoga County, Ohio. All costs of confinement shall be paid by the dog or cat owner upon demand. The owner of any animal seized or impounded pursuant to this section shall be entitled to receive the animal only upon satisfaction of all impoundment fees and costs.
(h) The Animal Control Officer or his designee shall, within twenty-four (24) hours, or during the next business day after seizure and impoundment, make a reasonable attempt to notify the owner of the impoundment of the animal. Any animal impounded by the Animal Control Officer that is not claimed by its owner within five (5) days of its impoundment may be put up for adoption, destroyed or otherwise disposed of without compensation to the owner.
(Ord. 2011-30. Passed 5-17-11.)