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No person shall keep, sell, give away, barter or otherwise dispose of any live animals, fish, fowl or birds in any business establishment or in connection with any commercial or business enterprise in the Village, other than and in connection with a regularly established pet or animal shop or veterinarian hospital, unless a permit shall have been first obtained without cost from the Chief of Police, which permit shall be issued if all sanitary regulations, ordinances and laws have been complied with.
(Ord. 1970-24. Passed 11-17-70.)
No place used for the killing of poultry, fowl or game shall be located or maintained in any residence district.
No place used for the killing of poultry, fowl or game shall be located in a retail business district in the Village within 500 feet of a building used and occupied for residential purposes without the written consent of the owners of the property within a radius of 500 feet of the proposed location of the establishment.
(Ord. 1970-24. Passed 11-17-70.)
(a) Definitions.
(1) As the term is used in this section, “vicious” dog means:
A. Any dog with a propensity, tendency, or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of humans or domestic animals;
B. Any dog which has been judicially or administratively determined, pursuant to Section 505.20(b), to have a propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or other domestic animals; or
C. Any dog which has been judicially or administratively determined, pursuant to Section 505.20(b), to have attacked a human being or other domestic animal.
(Ord. 2018-02. Passed 2-20-18.)
(2) A vicious dog is “unconfined”, as the term is used in this section, if such dog is not confined on the premises of the person described in subsection (c) hereof as follows:
A. If the dog is outside, it must be in a securely enclosed pen or dog run area which has secure sides and a secure top attached to all sides and which has a secure floor or bottom attached to all sides of the pen or which is embedded in the ground no less than two (2) feet. Such pen or dog run area shall be locked with a key or combination lock at all times when the animal is within the structure.
B. If the dog is inside, it may not be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure. A vicious dog may not be kept on a patio, porch or in any part of a house or structure which would allow the animal to exit the building on its own volition, whether or not such a dog is on a chain or leash.
(1) A court of competent jurisdiction may declare the dog to be vicious in an independent or related civil or criminal proceeding; or
(2) The Chief of Police or the designated Animal Control Officer may provide written notice to the owner or other person harboring or having care or control of the dog that the Chief of Police or the designated Animal Control Officer has determined the dog to be vicious. Such notice shall be given by personal service, ordinary mail, or by posting on the property at which the person resides. Any person aggrieved by the order of the Chief of Police or the designated Animal Control Office hereunder may appeal such order in writing to the Village of Newburgh Heights Zoning Board of Appeals, which decision shall be the final decision of the Village. Such appeal shall be filed within five (5) working days of the date of notice, and heard within twenty (20) working days of the date the appeal is filed. The filing of a notice of appeal hereunder shall stay the requirements of Section 505.20, but shall not preclude the Chief of Police or the designated Animal Control Officer of the Cuyahoga County Board of Health from impounding the dog if otherwise permitted by this chapter or other provision of law and shall not in any way relieve the owner or other person harboring or having care or control of the dog from civil or criminal liability for injury or damage caused by the dog or for violations of provisions of this chapter other than Section 505.20
(c) No person owning or harboring or having the care or custody of a vicious dog shall permit such dog to go unconfined on the premises of such person.
(d) No person owning or harboring or having the care of a vicious dog shall permit such dog to go beyond the premises of such person unless such dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length.
(e) No person shall own 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 attack upon humans or domestic animals.
(f) No person shall possess with intent to sell, or offer for sale, breed or buy or attempt to buy within the Village any vicious dog.
(g) Any person owning or harboring or having the care or control of any vicious dog shall maintain a policy of insurance in an amount not less than two hundred thousand dollars ($200,000) for each occurrence and insuring such person against any claim, loss, damage, or injury to persons, domestic animals, or property resulting from the acts, whether intentional or unintentional, of the vicious dog. Such person(s) shall produce evidence of such insurance upon the request of a law enforcement officer.
(h) In the event that a law enforcement officer has probable cause to believe that a vicious dog is being harbored or cared for in violation of subsections (b), (d), (e) or (f) hereof, the law enforcement officer may petition a court of competent jurisdiction to order the seizure and impoundment of the vicious dog pending trial. In the event that a law enforcement officer has probable cause to believe that a vicious dog has gone beyond the premises of a person owning, harboring or having the care or control of the dog, in violation of subsection (c) hereof, the law enforcement officer may seize and impound the vicious dog pending trial.
(i) No person shall own, harbor, care for, or control a vicious dog within the Village until such dog has been registered at the Division of Police on such form(s) as prescribed by the Chief of Police or the designated Animal Control Officer. Persons owning, harboring, caring for or controlling a vicious dog upon the effective date of this section, shall register such dog with the Division of Police within sixty days of the effective date of this provision.
(j) Penalty.
(1) Whoever violates any provision of this section, other than subsection (h) herein, shall be guilty of a misdemeanor of the first degree. Whoever violates subsection (h) herein shall be guilty of a misdemeanor of the fourth degree and shall be required to comply with the requirements of subsection (h).
(2) Whoever is found guilty of any subsequent offense of violating this section shall be guilty of a misdemeanor of the first degree and shall be fined one thousand dollars ($1,000), which fine shall be mandatory and shall not be suspended or remitted.
(3) Any vicious dog which attacks a human or domestic animal may be ordered destroyed when, in the court’s judgment, such vicious dog represents a continuing threat of serious harm to humans and domestic animals.
(4) Any person found guilty of violating this section shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expense as may be required for the destruction of any such dog.
(Ord. 2006-13. Passed 5-16-06.)
(a) There is established a Newburgh Heights Dog Park located on Washington Park Boulevard in the Village of Newburgh Heights, County of Cuyahoga, State of Ohio, on said Permanent Parcels as indicated in Village Ordinance 2012-80.
(b) The Dog Park may be used during the posted hours of 8:00 a.m. through 8:00 p.m.
(c) The Dog Park shall be secured by fencing and a gate, but shall be open to the public, subject to compliance with the rules and regulations established by this section.
(d) Access to the park may be denied to an individual who has been found guilty of a minor misdemeanor or greater offense based on the violation of this section and/or in connection with any of the following:
(1) Failure to adhere to any Rules and Regulations either posted or set forth herein;
(2) Failure to adhere to the posted hours; or
(3) Any other violation of this section or criminal citation arising out of such individual's use of or presence in the Village's Dog Park.
(e) The following Rules and Regulations governing the use and operation of the Newburgh Heights Dog Park are hereby promulgated and adopted:
(1) Dog Park is for Newburgh Heights residents only;
(2) The gate to the Dog Park must be closed securely upon entering or exiting the Dog Park;
(3) Dogs may enter the Dog Park if accompanied at all times by an adult owner or dog handler. There is a limit of three (3) dogs per adult owner or dog handler;
(4) Dogs must be currently licensed and be up-to-date on all vaccines. License, vaccine information and ID tags must be affixed to each dog's collar and a collar must be worn by dogs at all times;
(5) To prevent aggressive canine behavior, human and dog food of any kind are prohibited;
(6) Keep dogs leashed when outside the fenced-in area. Owners and dog handlers must keep a leash for each dog on their persons and accessible at all times;
(7) Dogs must not be unattended or out of sight;
(8) If a dog is involved in aggressive or unruly behavior, the owner or handler must leash the dog immediately and promptly leave the Dog Park;
(9) Any dog Owner is solely responsible for any and all damage or injury inflicted by their dog(s);
(10) An Owner or Handler is required to clean up and properly dispose of all waste left by their dog(s);
(11) Dogs in heat/season are not permitted in the Dog Park;
(12) Any dog under the age of four months is not permitted in the Dog Park;
(13) The Dog Park is not intended for infants and small children. For safety, children under the age seven (7) are not permitted. Children ages seven (7) to seventeen (17) must be accompanied and closely supervised by a parent or guardian. Owners or Handlers will be asked to leave if they do not closely supervise children who are with them;
(14) Toys, baby equipment and sports equipment are prohibited in the Dog Park;
(15) Any person entering the Dog Park assumes the risk of any harm, injury to person or property, or negligence of any other person, handler or dog owner in or at the Dog Park;
(16) Failure to comply with these Rules and Regulations or any applicable Village ordinance will result in expulsion from the Dog Park and/or revocation of any Dog Park License and/or criminal prosecution; and
(17) Any person who enters the Dog Park and is in violation of any of the Dog Park Rules and Regulations may be subject to citation and prosecution as set forth in subsection (f) hereof.
(e) Whoever violates this ordinance or any of the Rules and Regulations established for the Dog Park is guilty of a minor misdemeanor for a first (1st) offense; for each subsequent offense such person is guilty of a misdemeanor of the fourth (4th) degree.
(Ord. 2020-18. Passed 4-7-20.)
(a) The owner, keeper or harborer of any dog licensed or unlicensed shall procure a vaccination for rabies by a licensed veterinarian within thirty days after the dog has reached the age of three months.
(1) Every dog initially vaccinated must be revaccinated one year later and thereafter at not more than thirty-six month intervals based on the type of vaccine being used, the nature of the rabies in the community or the current Compendium of Animal Rabies Vaccines prepared by the National Association of State Public Health Veterinarians, Inc.
(2) Unvaccinated dogs acquired or moved into the corporate limits of the City must be vaccinated within thirty days after purchase, acquisition or arrival unless under the age of three months.
(3) Each veterinarian who vaccinate or revaccinates a dog against rabies shall complete a certificate of rabies vaccination. The certificate shall include the following:
A. Description of dog;
B. Names and address of owner, keeper or harborer;
C. Date of vaccination or revaccination;
D. Type of vaccine administered;
E. Rabies vaccination tag number; and
F. Veterinarian’s name and address.
(4) Each veterinarian who vaccinates or revaccinates a dog shall, without delay, distribute a copy of certificate to the dog owner. A copy shall be retained by the veterinarian.
(5) Each veterinarian who vaccinates or revaccinates a dog shall issue a durable rabies vaccination tag. The rabies vaccination tag should conform in shape and color to the recommendation of the Compendium of Animal Rabies Vaccines prepared by the National Association of State Public Health Veterinarians, Inc. The rabies vaccination tag shall be securely fastened to the collar or harness of the dog.
(b) No person shall violate a rabies quarantine order issued under Ohio R.C. 955.26.
(ORC 955.39)
(c) Whoever violates this section is guilty of a minor misdemeanor for a first offense; for each subsequent offense such person is guilty of a misdemeanor of the fourth degree.
(d) Any person found guilty of violating the provisions of this section shall make restitution to the Village of Newburg Heights for all expenses and fees incurred by the Village including, but not limited to, shelter, food, and veterinary expenses necessitated by the seizure, impoundment or destruction of any dog that is the subject of the violation.
(Ord. 2010-23. Passed 5-4-10.)
(a) When either a blind, deaf or hearing impaired, or mobility impaired person, or a training of an assistance dog is accompanied by an assistance dog, the person or trainer, as applicable, is entitled to the full and equal accommodations, advantages, facilities, and privileges of all public conveyances, hotels, and lodging places, all places of public accommodation, amusement, or resort, and other places to which the general public is invited, and may take the dog into such conveyances and places, subject only to the conditions and limitations applicable to all persons not so accompanied, except that:
(1) The dog shall not occupy a seat in any public conveyance; and
(2) The dog shall be leashed while using the facilities of a common carrier.
(3) Any dog in training to become an assistance dog shall be covered by a liability insurance policy provided by the nonprofit special agency engaged in such work protecting members of the public against personal injury or property damage caused by the dog.
(b) No person shall deprive a blind, deaf or hearing impaired, or mobility impaired person, or a training of an assistance dog who is accompanied by an assistance dog, of any of the advantages, facilities or privileges provided in subsection (a) of this section, nor charge the person or training a fee or charge for the dog.
(ORC 955.43(A), (B))
(c) As used in this section:
(1) “Assistance dog” means a dog that has been trained by a nonprofit or for-profit special agency and that is one of the following:
A. A guide dog;
B. A hearing dog;
C. A service dog.
(2) “Blind” means either of the following:
A. Vision 20/20 or less in the better eye with proper correction;
B. Field defect in the better eye with proper correction that contracts the peripheral field so that the diameter of the visual field subtends an angle no greater than twenty degrees.
(3) “Guide dog” means a dog that has been trained or is in training to assist a blind person.
(4) “Hearing dog” means a dog that has been trained or is in training to assist a deaf or hearing-impaired person.
(5) “Institutions of education” means:
A. Any state university or college as defined in Ohio R.C. 3345.32;
B. Any private college or university that holds a certificate of authorization issued by the Ohio Board of Regents pursuant to Ohio R.C. Chapter 1713;
C. Any elementary or secondary school operated by a board of education;
D. Any chartered or nonchartered nonpublic elementary or secondary school; or
E. Any school issued a certificate of registration by the state Board of Career Colleges and Schools.
(6) “Person with a mobility impairment” means any person, regardless of age, who is subject to a physiological impairment regardless of its cause, nature or extent that renders the person unable to move about without the aid of crutches, a wheelchair, or any other form of support, or that limits the person’s functional ability to ambulate, climb, descend, sit, rise, or perform any related function. The phrase includes a person with a neurological or psychological disability that limits the person’s functional ability to ambulate, climb, descend, sit, rise or perform any related function. The phrase also includes a person with a seizure disorder and a person who is diagnosed with autism.
(7) “Service dog” means a dog that has been trained or is in training to assist a person with a mobility impairment.
(ORC 955.011(B), 955.43(C))
(d) Whoever violates any provision of this section shall be guilty of a misdemeanor of the fourth degree. (ORC 955.99(D))