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Pursuant to NRO, 618.12, the Chief of Police hereby establishes the following Rules and Regulations for the issuance of a Municipal Deer Damage Control Permit.
(a) Preapproval process.
(1) Application must be completed and submitted as follows:
A. Municipal Deer Damage Control Permit application shall be submitted within 15 days of receiving the ODNR Deer Damage Control Permit.
B. Municipal Deer Damage Control Permit application shall be submitted no later than August 15 for the state bow hunting season (September-February).
(2) Applicant must demonstrate to the satisfaction of the Chief of Police or his designated representative the following.
A. Applicant is a qualified archer;
B. Applicant and/or landowner has been issued either a deer damage control permit and/or hunting license and deer permit as required by ODNR;
C. Applicant's acknowledgement of bow-hunting only (long bow and crossbow) of white-tailed deer;
D. Provide written permission (affidavit) from the property owners (minimum five (5) contiguous acres unless otherwise determined by the Chief of Police or his designee) for a limited period of time as set forth in the permit;
(3) Hunting shall be conducted from an elevated platform only. The platform and its location shall be inspected and approved by the Chief of Police or his designee prior to the permit issuance;
(4) Applicant shall provide a map, with boundaries outlined on the map of the property or properties and the global positioning system ("GPS") coordinates of the approved site/platform;
(5) Approval/certification from an approved archery proficiency test site, a valid Ohio hunting license, or successful completion of Ohio Hunter safety course, if applicable, and all other state requirements;
(6) Compliance with all laws, rules and regulations of the city and state of Ohio;
(7) All applicants shall agree, in writing, to defend and indemnity the city for any negligent or other acts committed by the applicant;
(8) Any person obtaining a permit under this chapter and any property owner giving written permission for deer hunting on the owner's property shall have consented to the entry upon the property by police officers and/or other persons designated by the Chief of Police to enforce the provisions of this chapter;
(9) Payment of the registration fee.
(b) Issuance of permit/post approval requirements.
(1) After the Chief of Police or his designee has visited the property and determined that hunting with archery equipment can be safely conducted on the property and that the applicant is a qualified archer, the Chief of Police may issue a permit or may impose any other requirements, conditions or restrictions as deemed necessary to preserve and protect the health, safety and welfare of the residents as determined solely by the Chief of Police.
(2) The Chief of Police's decision to grant or deny a permit application in a final decision which is not appealable.
(3) Prior to the issuance of a permit, the applicant shall personally notify or notify by ordinary mail the occupants of the properties that share a common boundary with any portion of the shooting property, that an application for permits has been received, unless the Chief of Police determines that such notification is unnecessary or impractical.
(4) Permit holder shall post "caution archery hunting" signs if deemed necessary by the Chief of Police.
(5) Deer permit shall be used only by the named permit holder.
(6) Deer permit shall be valid only during the dates specified on the permit and only during daylight hours.
(7) Deer permit shall be an antlerless permit only; subsequent permit(s) may be issued for antler or antlerless, unless otherwise noted on the permit.
(8) Permit holder shall remove all deer carcasses and deer remains from the hunting site.
(9) All harvested deer must be timely reported to the ODNR, website at wildlife.ohiodnr.gov or by calling 1-877-TAGITOH (1-877-824-4864).
(10) All hunters must complete and submit a North Royalton Check Form to the Police Department within 24 hours of harvesting.
(11) Chief may terminate/cancel the permit within his sole discretion and without the obligation to give any reason therefor.
(Ord. 16-83. Passed 6-7-16; Ord. 17-63. Passed 5-2-17.)
(a) No person shall keep, harbor, or feed any animal or fowl in the Municipality so as to create noxious or offensive odors or create conditions which are a menace to the health, comfort or safety of the public.
(b) No person who is responsible for any animal shall fail to immediately remove the animal's excrement from public lands or from the property of another, excepting a blind person working with a guide dog.
(c) Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02.
(Ord. 97-117. Passed 7-1-97; Ord. 12-69. Passed 4-17-12.)
(a) The Police Department or the Dog Warden may impound every animal or dog found in violation of Section 618.01. If such dog is found not wearing a valid dog license tag, the dog shall forthwith be turned over to an officer charged by law with the custody and disposal of such dog. If such dog is wearing a valid dog license tag, or if the identity of the owner or custodian is otherwise established, notice shall immediately be given to the licensee, owner or custodian that the dog has been impounded. Such notice may be by telephone or by ordinary mail to the last known address of such licensee, owner or custodian. The dog or animal shall not be released except upon the payment of an impounding fee as set forth in Chapter 214 of the Administration Code, plus an expense fee as set forth in Chapter 214 of the Administration Code for keeping the impounded animal. Any dog or animal remaining unclaimed six days after the mailing of written notice, or of actual notice thereof, shall be sold or otherwise disposed of as provided by law. (Adopting Ordinance)
(b) A record of all dogs or animals impounded, the disposition of the same, the owner's name and address, where known, and a statement of any costs or receipts against such dog or animal, shall be kept and furnished monthly to the Mayor and the Finance Director.
(Ord. 1980-180. Passed 11-19-80.)
Any animal that kills, bites, or injures a person or another animal may be impounded by the Police Department or Dog Warden. The owner of such animal, by order of the Court, may be ordered to permanently remove the animal from the confines of the City. If the owner fails to remove the animal as ordered, or fails to pay the expense of the impounding fee, the animal shall be sold or otherwise disposed of as provided by law. (Ord. 1981-26. Passed 3-18-81; Ord. 12-85. Passed 5-15-12.)
(a) Except as provided in subsection (e) hereof, no person shall keep, maintain or have in his or her possession any dangerous or undomesticated or domesticated wild animal within the City.
(b) As used in this section, "dangerous or undomesticated or domesticated wild animal" means any animal that is not commonly considered to be a household pet and that would ordinarily be confined to a zoo or farm or found in the wilderness, or that otherwise causes fear or offensive odors or noises to the general public.
(c) Household pets shall be as defined in the Zoning Code.
(d) The provisions of subsections (a), (b) and (c) hereof shall not apply to licensed pet shops, menageries, zoological gardens and circuses, if:
(1) Their location conforms to the provisions of the Zoning Code.
(2) All animals and animal quarters are kept in a clean and sanitary condition and so maintained as to eliminate objectionable odors.
(3) Animals are maintained in quarters so constructed as to prevent their escape.
(4) No person lives or resides within 100 feet of the quarters in which the animals are kept.
(5) The business places set forth herein comply with regulations of the Ohio Department of Wildlife and the United States Department of Agriculture, regarding the housing of animals.
All business places set forth herein shall maintain proper permits as required by both the Ohio Department of Wild Life and the United States Department of Agriculture.
(e) The foregoing provisions notwithstanding, upon payment of fees established in the General Fees Schedule Section 214, the Animal Warden may grant a specific exemption, on a temporary or permanent basis, from any of the provisions of this section to any person with a legitimate purpose for maintaining a prohibited animal, in accordance with the following:
(1) Written application for an exemption shall be filed with the Animal Warden stating the applicant's name and address, the type and number of animals desired to be kept, the general purpose for which the animals will be kept and a general description of the provisions which will be made for the safe, sanitary and secure maintenance of such animals.
(2) The Animal Warden may grant, deny or restrict the terms of an application for an exemption, provided, however, that he or she shall take some official action on the application within 120 days of its filing.
(3) In considering the merits of an application for an exemption, the Animal Warden may cause one or more inspections of the applicant's premises to be made by himself or herself or by the appropriate representative of the City and may also refer the application, for an advisory opinion, to persons who are technically knowledgeable about the animals involved.
(4) In evaluating an application for an exemption, the Animal Warden shall give consideration to the following criteria:
A. The experience and knowledge of the applicant relative to the animals involved;
B. Whether or not the applicant has obtained a Federal or State permit relative to the animals involved;
C. The relative danger or safety and health risks to the general public, to persons residing or passing near the applicant's premises and to the applicant in connection with the animals involved;
D. The provisions which have been or will be made with regard to paragraph (e)(4)C. hereof;
E. The provisions which have been or will be made to ensure the health and safety of the animals involved; and
F. Any other logically relevant information.
(5) An application for an exemption under this section shall be denied unless the Animal Warden determines that, in view of all relevant criteria and restrictions which he or she may provide, appropriate measures commensurate with the degree of risk associated with the animals involved have been or will be taken to ensure an acceptable level of protection from danger to the health and safety of the general public, persons residing or passing near the applicant's premises and the applicant.
(6) An exemption granted pursuant to this section may be withdrawn by action of the Animal Warden if the Animal Warden determines that there has been a change in the conditions or assumptions under which such exemption was originally granted or if the applicant fails to comply with restrictions originally placed on the exemption.
(Ord. 1984-2. Passed 3-7-84; Ord. 98-38. Passed 3-3-98.)
(f) Whoever violates this section is guilty of a misdemeanor of the fourth degree for a first offense. For a second offense within one year after the first offense, such person is guilty of a misdemeanor of the first degree. Punishment shall be as provided in Section 698.02.
(g) In addition to the penalty provided for in subsection (f) hereof, upon a determination by the Court that any animal defined is a serious threat to the health and safety of the community, the Court may order the owner or person in possession of such animal to forthwith remove such animal from the City. No person shall fail to comply with such order. If such animal is not so removed in compliance with such order, the Court may order the Chief of Police to cause such animal to be impounded or destroyed.
(Ord. 1984-130. Passed 8-13-84.)
(a) When a person who is blind, deaf, or hearing impaired, a person with a mobility impairment, or a trainer 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.
(2) The dog shall be upon a leash 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 person who is blind, deaf, or hearing impaired, a person who has a mobility impairment, or a trainer of an assistance dog when the person or trainer, as applicable, is accompanied by an assistance dog of any of the advantages, facilities, or privileges provided in division (A) of this section, and no person shall charge the person or trainer a fee or charge for the dog.
(ORC 955.43(A), (B))
(c) As used in this section:
(1) “Assistance dog.” 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 20/200 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 20 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;
E. Any school issued a certificate of registration by the State Board of Career Colleges and Schools.
(6) “Person with a mobility impairment.” 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.” 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 this section is guilty of a misdemeanor of the fourth degree and shall be subject to the penalty provided in Section 698.02.
(ORC 955.99(D))
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