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Codified Ordinances of North Olmsted, OH
CODIFIED ORDINANCES OF THE CITY OF NORTH OLMSTED, OHIO
ROSTER OF OFFICIALS
ADOPTING ORDINANCE NO. 85 - 92
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF NORTH OLMSTED
CHARTER OF THE CITY OF NORTH OLMSTED, OHIO
PART ONE - ADMINISTRATIVE CODE
PART THREE-TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 505 Animals and Fowl
CHAPTER 507 Civil Emergencies
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 547 Transportation of Radioactive Materials
CHAPTER 549 Weapons and Explosives
CHAPTER 555 Noise Control
CHAPTER 557 Sale of Cigarettes and Tobacco Products
CHAPTER 559 Alarm Systems
CHAPTER 561 Criminal Activity Nuisances
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 - TAXATION CODE
PART SEVENTEEN - FIRE PREVENTION CODE
PART NINETEEN - FAIR HOUSING CODE
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505.15 KEEPING, MAINTAINING AND FEEDING OF WILD ANIMALS.
   (a)   Definition "Wild Animal". Any living wild or potentially dangerous mammal, reptile, fowl, or other animal species which is not naturally tame or gentle, but is of a wild nature or disposition and not customarily domesticated. A wild animal shall include, but not be limited to:
      (1)   All poisonous snakes and constricting snakes exceeding six feet.
      (2)   Bears (Ursidae).
      (3)   Cheetahs (Acinonyx jubatus).
      (4)   Coyotes and coyotes-dog hybrids (Canids).
      (5)   Hyenas (Hyaenides).
      (6)   Jaguars (Panthera onca).
      (7)   Leopards (Panthera pardus).
      (8)   Lions (Panethera leo).
      (9)   Lynxes (lynx).
      (10)   Pumas, also known as cougars, mountain lions and panthers (Felis concolor).
      (11)   Primates (non-human), apes, monkeys, baboons, chimpanzees, gibbons, gorillas, orangutans, siamangs.
      (12)   Tigers (Panthera tigris).
      (13)   Wild cats, ocelot, margay, servral, leopard cat.
      (14)   Wolves.
      (15)   Raccoons, opossums, bats, and skunks.
      (16)   Deer.
      (17)   Ducks, geese or waterfowl.
      
   (b)   Prohibition against Keeping and/or Maintaining Wild Animals. No person shall display, maintain or in any other manner keep a wild animal, either inside or outside a structure, within the City, with the following exceptions:
      (1)   Any fish or similar aquatic vertebrates bred to remain, and to be kept and maintained, in an indoor tank of water.
      (2)   Any domestic, non-farm animal including, but not limited to dogs or cats.
      (3)   Birds.
   (c)   Prohibition against Feeding Wild Animals.
      (1)   It shall be unlawful for any person or persons to feed any wild animals within the City, including but not limited to, those identified herein at Sections 505.15(a), (4), (5) and (6). Feeding wild animals by placing food directly on the ground or in an unsealed container at any level shall be deemed a per se violation of this section. "Food" as used in this section is any vegetable or plant material of any kind, with the exception of vegetable or plant material actually rooted in the ground or plant or vegetable seed placed in a sealed container with controlled dispensing to feed wild birds. "Food" as used in this section further includes any butchered animal product, whether such product was prepared for human consumption or not.
      (2)   It shall be unlawful for an owner or occupier of premises to permit any activities or conditions prohibited in this Chapter to exist on their premises.
      (3)   No person shall feed deer. Nor shall any person make food available for consumption by deer.
   (d)   Any person violating any of the prohibitions of this section shall be deemed guilty of a misdemeanor of the fourth degree for the first offense. For the second and subsequent violations of this section, the violator shall be deemed guilty of a misdemeanor of the third degree. This is a strict liability criminal offense. No person shall make food available for consumption under Section 505.15(c)(1). It shall not be an element of the offense to show that any wild animal actually consumed such food. In addition, the court may order, at the violator's expense, that the wild animal be transferred to an appropriate zoological or similar facility. If this is not practical, as an alternative, the court may order, again at the violator's expense, that the wild animal be humanely destroyed by a qualified veterinarian.
(Ord. 2018-4. Passed 1-16-18.)
505.16 NUISANCE, VICIOUS AND DANGEROUS DOGS; REGISTRATION.
   (a)   Definitions. The following definitions shall apply in the interpretation and enforcement of this section:
      (1)   "American Bulldog" means any American Bulldog or Old Country Bulldog, or any mixed breed of dog which contains, as an element of its breeding, the breed of American Bulldog or Old Country Bulldog as to be identifiable as partially of the breed of American Bulldog or Old Country Bulldog.
      (2)   "Animal Control Officer" or "ACO" is the employee authorized to render determinations and to otherwise enforce the provisions of this code and Revised Code Chapter 955. A person designated by the Mayor in the absence or unavailability of an Animal Control Officer shall have the same authority as the Animal Control Officer.
      (3)   "Canary Dog" means any Canary Dog or Perro de Presa Canario, or any mixed breed of dog which contains, as an element of its breeding, the breed of Canary Dog or Perro de Presa Canario as to be identifiable as partially of the breed of Canary Dog or Perro de Presa Canario.
      (4)   "Dangerous dog" shall have the definition as set forth in Revised Code 955.11.
      (5)   "Menacing fashion" shall have the definition as set forth in Revised Code 955.11.
      (6)   "Nuisance dog" shall have the definition as set forth in Revised Code 955.11.
      (7)   "Owner" means any person owning, keeping, possessing, harboring, maintaining, or having the care, custody or control of an animal.
      (8)   "Pit bull" means any Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains, as an element of its breeding, the breed of Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier as to be identifiable as partially of the breed of Staffordshire Bull Terrier,
      (9)   "Physical harm to persons," "physical harm to property," "serious harm to persons" and "serious physical harm to property" shall have the definition as set forth in Revised Code 2901.01.
      (10)   "Vicious dog" shall have the definition as set forth in Revised Code 955.11.
   (b)   Nuisance, Vicious and/or Dangerous Dog.  
      (1)   Whenever a complaint is made to the City or the ACO observes the presence of a nuisance, dangerous or vicious dog within the City, the ACO, with assistance from the Division of Police if necessary, shall promptly inspect or cause an inspection of the dog and premises on which it is alleged that such animal is being kept. The ACO or person designated by the Mayor in his absence or unavailability may determine and designate a dog to be a nuisance, dangerous, or vicious dog.
      (2)   Upon reasonable cause to believe that a dog in the City is a nuisance, dangerous or vicious dog, the ACO or designated individual shall determine the individual, firm or corporation who from the records in the Cuyahoga County Office of the Fiscal Officer appears to be the owner of the dog and the titled owner of the property upon which the dog is kept, and shall cause written notice to be served on such owners. Notice shall be served in person or by certified mail with a return receipt requested. If certified service of such written notice is unable to be perfected, then the ACO or designated individual shall cause a copy of the aforesaid notice to be served by ordinary mail which shall be deemed complete upon mailing and also left with the individual, if any, in possession of the premises on which the dog is kept, or if there are no individuals in possession of the premises, he shall cause a copy of the notice to be posted on the premises.
      (3)   The notice required by this section hereof shall state, in brief, the ACO's determination and designation with respect to the nuisance, dangerous or vicious nature of the dog. The notice shall include instructions for filing a request for hearing in the County in which the dog's owner, keeper or harborer resides. If the dog is a vicious dog, the notice shall also serve as an order for the destruction of said vicious dog if so indicated. The notice shall further state that the owner must comply with the requirements of this Chapter within seven (7) days after service of the notice.
      (4)   Once a dog is deemed to be a nuisance, dangerous or vicious, the ACO shall report the designation to the Cuyahoga County Animal Warden.
   
   (c)   Appeal Procedure.
      (1)   In accordance with Ohio Revised Code 955.222, the owner of a dog who has been served with a notice pursuant to Section 505.18(b)(2) may, within ten (10) days after receipt of such notice, request a hearing regarding the determination. The request for a hearing shall be in writing and shall be filed with the municipal court that has territorial jurisdiction over the residence of the dog's owner, keeper, or harborer. At the hearing, the person who designated the dog as a nuisance dog, dangerous dog, or vicious dog has the burden of proving, by clear and convincing evidence, that the dog is a nuisance dog, dangerous dog, or vicious dog. The owner or keeper of the dog or the person who designated the dog as a nuisance dog, dangerous dog, or vicious dog may appeal the court's final determination as in any other case filed in that court.
      (2)   A court, upon motion of an owner or keeper or an attorney representing the owner or keeper may order that the dog designated as a nuisance dog, dangerous dog, or vicious dog be held in the possession of the owner or keeper until the court makes a final determination under this section or during the pendency of an appeal, as applicable. Until the court makes a final determination and during the pendency of any appeal, the dog shall be confined or restrained in accordance with the provisions of Ohio Revised Code 955.22(D) that apply to dangerous dogs regardless of whether the dog has been designated as a vicious dog or a nuisance dog rather than a dangerous dog. The owner or keeper of the dog shall not be required to comply with any other requirements established in the Ohio Revised Code that concern a nuisance dog, dangerous dog, or vicious dog, as applicable, until the court makes a final determination and during the pendency of any appeal.
   (d)   Disposition of Vicious Dogs. The ACO may upon investigation or observation of any dog found to be running at large in the City, seize and impound such dog on sight. Further, in conjunction with and immediately upon issuance of notice of designation of any dog as a nuisance, vicious or dangerous dog according to the authority provided in Section 505.16(b), such dog shall be immediately seized and impounded by the ACO, whenever possible, subject however to judicial review pursuant to Section 505.16(c)(2) and Ohio Revised Code 955.222(C).
   (e)   Registration of Pit Bulls, Canary Dogs, American Bulldogs, Wolf-Hybrids and Vicious, Dangerous and Nuisance Dogs. No person shall own, harbor, care for, or control a Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or vicious or dangerous dog as determined by Section 505.16 of this Code within the City until such animal has been first registered with the office of Director of Public Safety. Persons presently owning, harboring, or caring for a Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or nuisance, vicious or dangerous dogs in the City shall register such animal within thirty (30) days following the effective date of this section. The fee for such initial registration shall be Fifty Dollars ($50.00) and registration must be renewed thereafter annually at the amount established herein, or as amended from time to time.
  
   (f)   Insurance Requirement. Any person owning, harboring or having the care or control of any Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or nuisance, vicious or dangerous dog as determined by Section 505.16 of this Code shall maintain a policy of liability insurance providing coverage in each occurrence in an amount not less than one hundred thousand dollars ($100,000.00) and insuring such person against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts of the animal. Such person shall produce evidence of such insurance at the time of registering the animal with the office of Director of Public Safety and upon the request of any law enforcement officer.
   (g)   Posting of Sign and Containment Requirements.
      (1)   Any person owning, harboring or having the care or control of any Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or nuisance, vicious or dangerous dog as determined by Section 505.16 of this Code must post on the premises, in a conspicuous place and visible from the right of way, a sign approved by the office of Director of Public Safety warning visitors of the danger posed by the animal on the premises. The sign shall be maintained on the premises for so long as the Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or nuisance, vicious or dangerous dog remains on the premises.
      (2)   Any person owning, harboring or having the care, custody or control of a Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or nuisance, vicious or dangerous dog (collectively "animal" for this section) within the City, on public or private property, shall contain such animal in strict compliance with the following:
         A.   When the animal is on the premises of the owner, keeper or harborer, securely confine it at all times in either a structure, a locked pen that has a top, a securely and well maintained locked and fenced yard area with minimum fence height of six (6) feet, or other locked enclosure that has a top.
         B.   When the animal is off the premises of the owner, keeper or harborer, keep that animal on a chain-link leash or tether that is not more than six (6) feet in length and, at all times, have that leash or tether controlled by a person who is of reasonably suitable age and discretion to control the animal.
   (h)   Prohibitions. No person shall:
      (1)   Sell or permanently transfer a declared nuisance, dangerous or vicious dog or a Pit Bull, Canary Dog, American Bulldog or Wolf-Hybrid without notifying in writing the office of Director of Public Safety of his intent. The notice shall include the name, address and telephone number of the person proposed to receive possession of the dog / animal and, if not the same, the proposed location where the dog shall be harbored after transfer.
      (2)   Fail to comply with or otherwise violate any order or determination declaring any dog to be a nuisance, vicious or dangerous dog issued pursuant to Section 505.16 of this Code.
      (3)   Own, keep, possess, harbor, maintain, or have the care, custody or control of a Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or determined nuisance, vicious dog or dangerous dog, and shall be strictly liable, if such animal, with respect to any of the following, is at any time found to:
         A.   Be at large within the City unless securely attached upon a leash held in the hand of a person of suitable age and size, and in a manner which continuously controls the dog.
         B.   Snap at or attempt to bite or attempt to cause physical harm to any other person or property while the dog or animal is off the premises of the owner, or while on premises which are not exclusively controlled by the owner.
         C.   Cause physical harm to the property of another while the dog is off the premises of the owner, or while on premises which are not exclusively controlled by the owner.
         D.   Bite or otherwise cause physical harm to any person or property while the dog is off the premises of the owner, or while on premises which are not exclusively controlled by the owner.
         E.   Bite or otherwise cause physical harm to mail carriers, utility workers, City of North Olmsted employees, delivery persons, or any police or emergency persons while the dog is on the premises of the owner or the premises under the control of the owner.
         F.   Cause serious physical harm to any person, unless the dog:
            1.   Was being teased, tormented or abused by a person, or
            2.   Was coming to the aid or defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means to carry out illegal or criminal activity;
            3.   Caused serious physical harm to any person while such person was committing or attempting to commit a criminal trespass or other criminal offense on the premises of the owner, keeper or harborer of the dog.
      (4)   It shall be an affirmative defense to a violation of subsection (f)(3) above that the animal was:
         A.   Securely confined in an automobile or cage which was adequately ventilated; or
         B.   Being exhibited at a public dog show, zoo, museum or public institution.
      (5)   No person shall own, keep, possess, harbor, maintain or have the care, custody or control of a Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or nuisance, dangerous or vicious dog within the City after such animal has been ordered by a court of competent jurisdiction to be banned from the City or destroyed.
      (6)   No parent or other guardian shall permit or negligently suffer a minor under the age of seventeen (17) years to walk a Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or nuisance, dangerous or vicious animal, with a leash or otherwise, while off the premises of the person who keeps, possesses, harbors, maintains, or has the care, custody or control of the said animal.
      (7)   No person shall own, keep, possess, harbor, maintain or have the care, custody or control of a Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or nuisance, vicious or dangerous dog within the City, on public or private property, unless or until all of the registration, insurance, signage, containment and other requirements of this Section have been fully satisfied, documented, posted, installed, or otherwise established.
   (i)   Penalties.  
      (1)   A violation of any of the provisions of this section shall constitute a first degree misdemeanor. In addition to imprisonment and fines, any person convicted of a violation of a provision of subsection (g)(3) above shall be ordered by the court to fully reimburse any victim who, as a direct and proximate result of the said violation, incurred medical or other out-of-pocket expenses on behalf of himself, any member of his family, or any property, including a family pet.
      (2)   In addition to the foregoing criminal penalties, the Director of Law, following a violation of any provision of this section and upon the written recommendation of the Director of Public Safety or the Mayor, is authorized to apply to a court of competent jurisdiction to obtain an order seizing such animal, banning such animal from the City, having such animal destroyed, or other appropriate order to protect the health and safety of residents of North Olmsted.
      (3)   In addition, the court may order the offender to personally supervise the nuisance, vicious or dangerous dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both, and the court may order the offender to obtain liability insurance in excess of the amounts required herein. The court, in the alternative, may order the nuisance, vicious or dangerous animal to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society. (Ord. 2021-57. Passed 9-21-21.)
505.17 ANIMAL FIGHTING PROHIBITED.
   (a)    No person shall knowingly engage in or be employed at cockfighting, bearbaiting, or pitting an animal against another; no person shall receive money for the admission of another to a place kept for such purpose; no person shall use, train, or possess any animal for seizing, detaining, or maltreating a domestic animal. Any person who knowingly purchases a ticket of admission to such place, or is present thereat, or witnesses such spectacle, is an aider and abettor. (Ohio R.C. 959.15)
   (b)    Any person who violates this section is guilty of a misdemeanor of the first degree.
(Ord. 2011-20. Passed 3-15-11.)
505.18 ASSAULTING OR HARASSING POLICE DOG OR HORSE OR SERVICE DOG.
   (a)    No person shall knowingly cause, or attempt to cause, physical harm to a police dog or horse in either of the following circumstances:
      (1)    The police dog or horse is assisting a law enforcement officer in the performance of the officer's official duties at the time the physical harm is caused or attempted.
      (2)    The police dog or horse is not assisting a law enforcement officer in the performance of the officer's official duties at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog or horse is a police dog or horse.
   (b)    No person shall recklessly do any of the following:
      (1)    Taunt, torment, or strike a police dog or horse;
      (2)    Throw an object or substance at a police dog or horse;
      (3)    Interfere with or obstruct a police dog or horse, or interfere with or obstruct a law enforcement officer who is being assisted by a police dog or horse, in a manner that does any of the following:
         A.    Inhibits or restricts the law enforcement officer's control of the police dog or horse;
         B.    Deprives the law enforcement officer of control of the police dog or horse;
         C.    Releases the police dog or horse from its area of control;
         D.    Enters the area of control of the police dog or horse without the consent of the law enforcement officer, including placing food or any other object or substance into that area;
         E.    Inhibits or restricts the ability of the police dog or horse to assist a law enforcement officer.
      (4)    Engage in any conduct that is likely to cause serious physical injury or death to a police dog or horse;
      (5)    If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police dog or horse that at the time of the conduct is assisting a law enforcement officer in the performance of the officer's duties or that the person knows is a police dog or horse.
   (c)    No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog in either of the following circumstances:
      (1)    The dog is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted.
      (2)    The dog is not assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog is an assistance dog.
   (d)    No person shall recklessly do any of the following:
      (1)    Taunt, torment, or strike an assistance dog;
      (2)    Throw an object or substance at an assistance dog;
      (3)    Interfere with or obstruct an assistance dog, or interfere with or obstruct a blind, deaf or hearing impaired, or mobility impaired person who is being assisted or served by an assistance dog, in a manner that does any of the following:
         A.    Inhibits or restricts the assisted or served person's control of the dog;
         B.    Deprives the assisted or served person of control of the dog;
         C.    Releases the dog from its area of control;
         D.    Enters the area of control of the dog without the consent of the assisted or served person, including placing food or any other object or substance into that area;
         E.    Inhibits or restricts the ability of the dog to assist the assisted or served person.
      (4)    Engage in any conduct that is likely to cause serious physical injury or death to an assistance dog;
      (5)    If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger an assistance dog that at the time of the conduct is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person or that the person knows is an assistance dog.
   (e)   Any person who violates this section is guilty of assaulting or harassing a police dog or police horse or assistance dog, as the case may be. Except as otherwise provided in this section, such assault or harassment is a misdemeanor of the first degree. If the violation results in the death of the animal, then such assault or harassment of a police dog or police horse or assistance dog shall be a felony as provided by State law.
      (1)    In addition to any other sanction or penalty imposed for the offense under this section, Chapter 2929, or any other provision of the Revised Code, whoever violates subsection (a), (b), (c), or (d) of this section is responsible for the payment of all of the following:
         A.    Any veterinary bill or bill for medication incurred as a result of the violation by the police department regarding a violation of subsection (a) or (b) of this section or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog regarding a violation of subsection (c) or (d) of this section;
         B.    The cost of any damaged equipment that results from the violation;
         C.    If the violation did not result in the death of the police dog or horse or the assistance dog that was the subject of the violation and if, as a result of that dog or horse being the subject of the violation, the dog or horse needs further training or retraining to be able to continue in the capacity of a police dog or horse or an assistance dog, the cost of any further training or retraining of that dog or horse by a law enforcement officer or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog;
         D.    If the violation resulted in the death of the police dog or horse or the assistance dog that was the subject of the violation or resulted in serious physical harm to that dog or horse to the extent that the dog or horse needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog or horse and of any further training of a new police dog or horse or a new assistance dog by a law enforcement officer or by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog, which replacement or training is required because of the death of or the serious physical harm to the dog or horse that was the subject of the violation.
   (f)    This section does not apply to a licensed veterinarian whose conduct is in accordance with Ohio R.C. Chapter 4741.
   (g)    This section only applies to an offender who knows or should know at the time of the violation that the police dog or horse or assistance dog that is the subject of a violation under this section is a police dog or horse or an assistance dog.
   (h)    As used in this section:
      (1)    "Physical harm" means any injury, illness, or other physiological impairment, regardless of its gravity or duration.
      (2)    "Police dog or horse" means a dog or horse that has been trained, and may be used, to assist law enforcement officers in the performance of their official duties.
      (3)    "Serious physical harm" means any of the following:
         A.    Any physical harm that carries a substantial risk of death;
         B.    Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming;
         C.    Any physical harm that causes acute pain of a duration that results in substantial suffering.
      (4)    "Assistance dog," "blind," and "mobility impaired person" have the same meanings as in Ohio R.C. 955.011.
         (Ord. 2011-19. Passed 3-15-11.)
505.19 DOMESTIC FARM ANIMALS PROHIBITED.
   (a)   Definition. Domestic Farm Animal means the following:
      (1)   Goats
      (2)   Sheep
      (3)   Swine
      (4)   Bovine (Cows, Bulls, Cattle)
      (5)   Turkeys, Chickens, Geese or Ducks.
      (6)   Horses (Equine) or Mules.
      (7)   Alpaca
      (8)   Llama
   (b)   Prohibition against Keeping Domestic Farm Animals. Except as exempted herein, it shall be unlawful for any person or persons, upon a parcel of land less than three quarters (¾) of one (1) acre in size, to keep, display, harbor, raise, maintain, possess or in any other manner have a domestic farm animal, either inside or outside of a structure within the City. It shall further be unlawful for any owner or occupant of a parcel of land to permit such prohibited activity to occur on premises owned or occupied by such person without regard to ownership of the animals. For purposes of this section, when calculating three quarters (¾) of one (1) acre of a parcel of land, contiguous parcels of land, without intersecting streets, shall constitute three quarters (¾) of one (1) acre of a parcel of land if such parcels are titled to the same person or entity. This prohibition shall not apply to persons with ten (10) or less chickens (hens only) on a parcel of land less than three quarters (¾) of one (1) acre in size.
   (c)   Any person in violation of this section shall be deemed guilty of a misdemeanor of the fourth degree upon the first offense. For the second and subsequent violations of this section, the violator shall be deemed guilty of a misdemeanor of the first degree. Each and every day that a violation continues for each and every animal shall be deemed to constitute a separate offense and the court is authorized to impose penalties for each and every day that an offense continues unabated. In addition, the court may order, at the violator's expense, that the domestic farm animals be relocated to suitable agricultural facilities or otherwise order removal by the City at the violator's expense. If such relocation or removal is not practical, as an alternative, the court is hereby authorized to order, at the violator's expense, that the domestic farm animals be humanely destroyed by a qualified veterinarian.
   (d)   Both the Division of Police and the Division of Building are authorized to enforce the provisions of this section.
(Ord. 2013-17. Passed 5-7-13.)
505.20 RIGHTS OF BLIND, DEAF OR HEARING IMPAIRED, OR MOBILITY IMPAIRED PERSON, OR TRAINER WITH ASSISTANCE DOG.
   (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))
505.99 PENALTY.
   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)