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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))
(a) (1) As used in this Section:
A. 1. “Dangerous dog” means a dog that, without provocation, and subject to division (a)(1)A.2. of this Section, has done any of the following:
a. Caused injury, other than killing or serious injury, to any person;
b. Killed another dog;
c. Been the subject of a third or subsequent violation of Section 618.01 of this code.
2. “Dangerous dog” does not include a police dog that has caused injury, other than killing or serious injury, to any person or has killed another dog while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
B. “Menacing fashion” means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
C. 1. Subject to division (a)(1)C.2. of this Section, “nuisance dog” means a dog that without provocation and while off the premises of its owner, keeper, or harborer has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person.
2. “Nuisance dog” does not include a police dog that while being used to assist one or more law enforcement officers in the performance of official duties has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person.
D. “Police dog” means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.
E. “Serious injury” means any of the following:
1. Any physical harm that carries a substantial risk of death;
2. Any physical harm that involves a permanent incapacity, whether partial or total, or a temporary, substantial incapacity;
3. Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement;
4. Any physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain.
F. 1. “Vicious dog” means a dog that, without provocation and subject to division (a)(1)F.2. of this Section has killed or caused serious injury to any person;
2. “Vicious dog" does not include either of the following:
a. A police dog that has killed or caused serious injury to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;
b. A dog that has killed or caused serious injury to any person while that person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper, or harborer of the dog.
G. “Without provocation” means that a dog was not teased, tormented, or abused by the person killed or injured, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(2) Upon the transfer of ownership of any dog, the seller of the dog shall give the buyer a transfer of ownership certificate that shall be signed by the seller. The certificate shall contain the registration number of the dog, the name of the seller, and a brief description of the dog. Blank forms of the certificate may be obtained from the County Auditor. A transfer of ownership shall be recorded by the auditor upon presentation of a transfer of ownership certificate that is signed by the former owner of a dog and that is accompanied by a fee of five dollars ($5.00).
(3) Prior to the transfer of ownership or possession of any dog, upon the buyer's or other transferee's request, the seller or other transferor of the dog shall give to the person a written notice relative to the behavior and propensities of the dog.
(4) A. Within ten days after the transfer of ownership or possession of any dog, if the seller or other transferor of the dog has knowledge that the dog is a dangerous dog, the seller or other transferor shall give to the buyer or other transferee, the Board of Health for the district in which the buyer or other transferee resides, and the Dog Warden of the county in which the buyer or other transferee resides, a completed copy of a written form on which the seller shall furnish the following information:
1. The name and address of the buyer or other transferee of the dog;
2. The age, sex, color, breed, and current registration number of the dog.
B. In addition, the seller shall answer the following questions, which shall be specifically stated on the form as follows:
1. “Has the dog ever chased or attempted to attack or bite a person? If yes, describe the incident(s) in which the behavior occurred.”
2. “Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred.”
3. “Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred.”
C. The Dog Warden of the county in which the seller resides shall furnish the form to the seller at no cost.
(5) No seller or other transferor of a dog shall fail to comply with the applicable requirements of divisions (a)(2) to (a)(4) of this Section.
(6) Whoever violates any provision set forth in division (a) of this section is guilty of a third degree misdemeanor and shall be subject to the penalties set forth in Section 698.02.
(b) (1) No owner, keeper, or harborer of a dangerous dog shall fail to do either of the following:
A. While that dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top;
B. While that dog is off the premises of the owner, keeper, or harborer, keep that dog on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:
1. Keep that dog in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top;
2. Have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person;
3. Muzzle that dog.
(2) No person who has been convicted of or pleaded guilty to three or more violations of Section 618.01 of this code involving the same dog and no owner, keeper, or harborer of a dangerous dog shall fail to do the following:
A. Obtain liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence because of damage or bodily injury to or death of a person caused by the dangerous dog if so ordered by a court and provide proof of that liability insurance upon request to any law enforcement officer, county dog warden, or public health official charged with enforcing this Section;
B. Obtain a dangerous dog registration certificate from the County Auditor pursuant to division (b)(6) of this Section, affix a tag that identifies the dog as a dangerous dog to the dog's collar, and ensure that the dog wears the collar and tag at all times;
C. Notify the local dog warden immediately if any of the following occurs:
1. The dog is loose or unconfined.
2. The dog bites a person, unless the dog is on the property of the owner of the dog, and the person who is bitten is unlawfully trespassing or committing a criminal act within the boundaries of that property.
3. The dog attacks another animal while the dog is off the property of the owner of the dog.
D. If the dog is sold, given to another person, or dies, notify the County Auditor within ten days of the sale, transfer, or death.
(3) No person shall do any of the following:
A. Debark or surgically silence a dog that the person knows or has reason to believe is a dangerous dog;
B. Possess a dangerous dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
C. Falsely attest on a waiver form provided by the veterinarian under division (b)(4) of this Section that the person's dog is not a dangerous dog or otherwise provide false information on that written waiver form.
(4) Before a veterinarian debarks or surgically silences a dog, the veterinarian may give the owner of the dog a written waiver form that attests that the dog is not a dangerous dog. The written waiver form shall include all of the following:
A. The veterinarian's license number and current business address;
B. The number of the license of the dog if the dog is licensed;
C. A reasonable description of the age, coloring, and gender of the dog as well as any notable markings on the dog;
D. The signature of the owner of the dog attesting that the owner's dog is not a dangerous dog;
E. A statement that division (b)(3) of this Section prohibits any person from doing any of the following:
1. Debarking or surgically silencing a dog that the person knows or has reason to believe is a dangerous dog;
2. Possessing a dangerous dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
3. Falsely attesting on a waiver form provided by the veterinarian under division (b)(4) of this Section that the person's dog is not a dangerous dog or otherwise provide false information on that written waiver form.
(5) It is an affirmative defense to a charge of a violation of division (b)(3) of this Section that the veterinarian who is charged with the violation obtained, prior to debarking or surgically silencing the dog, a written waiver form that complies with division (b)(4) of this Section and that attests that the dog is not a dangerous dog.
(6) A. The County Auditor shall issue a dangerous dog registration certificate to a person who is the owner of a dog, who is eighteen years of age or older, and who provides the following to the County Auditor:
1. A fee of fifty dollars ($50.00);
2. The person's address, phone number, and other appropriate means for the local dog warden or County Auditor to contact the person;
3. With respect to the person and the dog for which the registration is sought, all of the following:
a. Either satisfactory evidence of the dog's current rabies vaccination or a statement from a licensed veterinarian that a rabies vaccination is medically contraindicated for the dog;
b. Either satisfactory evidence of the fact that the dog has been neutered or spayed or a statement from a licensed veterinarian that neutering or spaying of the dog is medically contraindicated;
c. Satisfactory evidence of the fact that the person has posted and will continue to post clearly visible signs at the person's residence warning both minors and adults of the presence of a dangerous dog on the property;
d. Satisfactory evidence of the fact that the dog has been permanently identified by means of a microchip and the dog's microchip number.
B. Upon the issuance of a dangerous dog registration certificate to the owner of a dog, the County Auditor shall provide the owner with a uniformly designed tag that identifies the animal as a dangerous dog. The owner shall renew the certificate annually for the same fee and in the same manner as the initial certificate was obtained. If a certificate holder relocates to a new county, the certificate holder shall follow the procedure in division (b)(6)C.2. of this Section and, upon the expiration of the certificate issued in the original county, shall renew the certificate in the new county.
C. 1. If the owner of a dangerous dog for whom a registration certificate has previously been obtained relocates to a new address within the same county, the owner shall provide notice of the new address to the County Auditor within ten days of relocating to the new address.
2. If the owner of a dangerous dog for whom a registration certificate has previously been obtained relocates to a new address within another county, the owner shall do both of the following within ten days of relocating to the new address:
a. Provide written notice of the new address and a copy of the original dangerous dog registration certificate to the county auditor of the new county;
b. Provide written notice of the new address to the county auditor of the county where the owner previously resided.
D. The owner of a dangerous dog shall present the dangerous dog registration certificate upon being requested to do so by any law enforcement officer, dog warden, or public health official charged with enforcing this Section.
E. The fees collected pursuant to this division shall be deposited in the dog and kennel fund of the county.
(c) (1) The municipal court or county court that has territorial jurisdiction over the residence of the owner, keeper, or harborer of a dog shall conduct any hearing concerning the designation of the dog as a nuisance dog, dangerous dog, or vicious dog.
(2) If a person who is authorized to enforce this chapter has reasonable cause to believe that a dog in the person's jurisdiction is a nuisance dog, dangerous dog, or vicious dog, the person shall notify the owner, keeper, or harborer of that dog, by certified mail or in person, of both of the following:
A. That the person has designated the dog a nuisance dog, dangerous dog, or vicious dog, as applicable;
B. That the owner, keeper, or harborer of the dog may request a hearing regarding the designation in accordance with this Section. The notice shall include instructions for filing a request for a hearing in the county in which the dog's owner, keeper, or harborer resides.
(3) A. If the owner, keeper, or harborer of the dog disagrees with the designation of the dog as a nuisance dog, dangerous dog, or vicious dog, as applicable, the owner, keeper, or harborer, not later than ten days after receiving notification of the designation, may request a hearing regarding the determination. The request for a hearing shall be in writing and shall be filed with the municipal court or county 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.
B. The owner, keeper, or harborer 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.
(4) A court, upon motion of an owner, keeper, or harborer or an attorney representing the owner, keeper, or harborer, may order that the dog designated as a nuisance dog, dangerous dog, or vicious dog be held in the possession of the owner, keeper, or harborer 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 division (b)(1) of this Section 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, keeper, or harborer of the dog shall not be required to comply with any other requirements established in the 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.
(5) If a dog is finally determined under this Section, or on appeal as described in this Section, to be a vicious dog, division (a)(4)A. of this Section and divisions (b)(1) to (b)(6) of this Section apply with respect to the dog and the owner, keeper, or harborer of the dog as if the dog were a dangerous dog, and Ohio R.C. 955.54 applies with respect to the dog as if it were a dangerous dog, and the court shall issue an order that specifies that those provisions apply with respect to the dog and the owner, keeper, or harborer in that manner. As part of the order, the court shall require the owner, keeper, or harborer to obtain the liability insurance required under division (b)(2)A. of this Section in an amount described in Ohio R.C. 955.99(H)(2).
(6) As used in this division (c), “nuisance dog,” “dangerous dog,” and “vicious dog” have the same meanings as in division (a)(1) of this Section.
(7) Whoever violates any provision set forth in divisions (b) and/or (c) of this Section is guilty of a first degree misdemeanor and shall be subject to the penalties set forth in Section 698.02 of this code.
(Ord. 12-87. Passed 6-5-12.)
(a) No person shall knowingly do either of the following:
(1) Engage in cockfighting, bearbaiting, or pitting an animal against another;
(2) Use, train, or possess any animal for seizing, detaining, or maltreating a domestic animal.
(b) No person shall knowingly do either of the following:
(1) Be employed at cockfighting, bearbaiting, or pitting an animal against another;
(2) Do any of the following regarding an event involving cockfighting, bearbaiting, or pitting an animal against another:
A. Wager money or anything else of value on the results of the event;
B. Pay money or give anything else of value in exchange for admission to or being present at the event;
C. Receive money or anything else of value in exchange for the admission of another person to the event or for another person to be present at the event;
D. Use, possess, or permit or cause to be present at the event any device or substance intended to enhance an animal’s ability to fight or to inflict injury on another animal;
E. Permit or cause a minor to be present at the event if any person present at or involved with the event is conducting any of the activities described in division (b)(1) or (b)(2)A., (b)(2)B., (b)(2)C., or (b)(2)D. of this section.
(c) A person who knowingly witnesses cockfighting, bearbaiting, or an event in which one animal is pitted against another when a violation of division (b) of this section is occurring at the cockfighting, bearbaiting, or event is an aider and abettor and has committed a violation of this division.
(R.C. § 959.15)
(d) (1) Whoever violates division (a) of this section is guilty of a misdemeanor of the fourth degree.
(2) Whoever violates division (b) or (c) of this section is guilty of a felony to be prosecuted under appropriate state law.
(R.C. § 959.99(C), (I))
(a) No pets shall be permitted in any City recreational area where signs prohibiting pets are posted.
(b) Whoever violates this section is guilty of a minor misdemeanor for a first offense and shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00). For each subsequent offense, an offender is guilty of a misdemeanor of the fourth degree and shall be fined not less than seventy-five dollars ($75.00) nor more than two hundred fifty dollars ($250.00), or imprisoned not more than thirty days, or both.
(Ord. 93-207. Passed 9-21-93.)
(a) No person who is convicted of or pleads guilty to a felony offense of violence committed on or after May 22, 2012 or a felony violation of any provision of Ohio R.C. Chapter 959, Ohio R.C. Chapter 2923 or Ohio R.C. Chapter 2925 committed on or after May 22, 2012 shall knowingly own, possess, have custody of, or reside in a residence with either of the following for a period of three years commencing either upon the date of release of the person from any period of incarceration imposed for the offense or violation or, if the person is not incarcerated for the offense or violation, upon the date of the person’s final release from the other sanctions imposed for the offense or violation:
(1) An unspayed or unneutered dog older than twelve weeks of age;
(2) Any dog that has been determined to be a dangerous dog under Ohio R.C. Chapter 955 or any substantially equivalent municipal ordinance.
(b) A person described in division (a) of this section shall microchip for permanent identification any dog owned, possessed by, or in the custody of the person.
(c) (1) Division (a) of this section does not apply to any person who is confined in a correctional institution of the Department of Rehabilitation and Correction.
(2) Division (a) of this section does not apply to any person with respect to any dog that the person owned, possessed, had custody of, or resided in a residence with prior to May 22, 2012.
(ORC 955.54)
(d) Whoever violates division (a) or (b) of this section is guilty of a misdemeanor of the first degree.
(ORC 955.99(O))
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