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Codified Ordinances of Oregon, OH
CODIFIED ORDINANCES OF THE CITY OF OREGON, OHIO
CERTIFICATION
ROSTER
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES OF OREGON
CHARTER
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 Anti-Litter Regulations
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 515 Family Offenses
CHAPTER 517 Gambling
CHAPTER 518 Mechanical Amusement Devices
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 539 Parental Responsibility
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 553 Railroads
CHAPTER 557 Equal Housing
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 - FIRE PREVENTION CODE
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505.04 ABANDONING ANIMALS.
   (a)   No owner or keeper of a dog, cat or other domestic animal shall abandon such animal.
(ORC 959.01)
   (b)   Whoever violates subsection (a) hereof is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
(ORC 959.99 (E)(3))
505.05 KILLING OR INJURING ANIMALS.
   (a)   No person shall maliciously, or willfully, and without the consent of the owner, kill or injure a farm animal, dog, cat or other domestic animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity.
(ORC 959.02)
   (b)   Whoever violates this section, if the value of the animal killed or the injury done amounts to less than three hundred dollars ($300.00), is guilty of a misdemeanor of the second degree; if the value of the animal killed or the injury done amounts to three hundred dollars ($300.00) or more, such person is guilty of a misdemeanor of the first degree.
(ORC 959.99(B))
505.06 POISONING ANIMALS.
   (a)   No person shall maliciously, or willfully and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to a farm animal, dog, cat, poultry or other domestic animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisoned food where it may be easily found and eaten by any of such animals, either upon his own lands or the lands of another. This section does not apply to trespassing animals as set forth in Ohio R.C. 959.04.
(ORC 959.03)
   (b)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(ORC 959.99)
505.07 CRUELTY TO ANIMALS GENERALLY.
   (a)   No person shall:
      (1)   Torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during such confinement with a sufficient quantity of good wholesome food and water;
      (2)   Impound or confine an animal without affording it, during such confinement, access to shelter from wind, rain, snow or excessive direct sunlight if it can reasonably be expected that the animal would otherwise become sick or in some other way suffer. This subsection (a)(2) does not apply to animals impounded or confined prior to slaughter. For the purpose of this section, "shelter" means a man-made enclosure, windbreak, sunshade or natural windbreak or sunshade that is developed from the earth's contour, tree development or vegetation;
      (3)   Carry or convey an animal in a cruel or inhuman manner;
      (4)   Keep animals other than cattle, poultry or fowl, swine, sheep or goats in an enclosure without wholesome exercise and change of air, nor feed cows on food that produces impure or unwholesome milk;
      (5)   Detain livestock in railroad cars or compartments longer than twenty-eight hours after they are so placed without supplying them with necessary food, water and attention, nor permit such livestock to be so crowded as to overlie, crush, wound or kill each other.
   (b)    Upon the written request of the owner or person in custody of any particular shipment of livestock, which written request shall be separate and apart from any printed bill of lading or other railroad form, the length of time in which such livestock may be detained in any cars or compartments without food, water and attention, may be extended to thirty-six hours without penalty therefor. This section does not prevent the dehorning of cattle.
(ORC 959.13)
   (c)    Whoever violates this section is guilty of a misdemeanor of the second degree. In addition, the court may order the offender to forfeit the animal or livestock and may provide for its disposition including, but not limited to, the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant to this subsection, the proceeds from the sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner. The balance of the proceeds from the sale, if any, shall be paid to the former owner of the animal.
(ORC 959.99)
505.071 CRUELTY TO COMPANION ANIMALS.
   (a)   As used in this section:
      (1)   “Animal rescue for dogs”, has the same meaning as in Ohio R.C. 956.01.
      (2)   “Boarding kennel” has the same meaning as in Ohio R.C. 956.01.
      (3)   “Companion animal” means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept, including a pet store as defined in Ohio R.C. 956.01. The term does not include livestock or any wild animal.
      (4)   “Cruelty”, “torment” and “torture” have the same meaning as in Ohio R.C. 1717.01.
      (5)   “Dog kennel” means an animal rescue for dogs, a boarding kennel or a training kennel.
      (6)   “Federal Animal Welfare Act” means the “Laboratory Animal Act of 1966", Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C. §2131 et seq., as amended by the “Animal Welfare Act of 1970", Pub. L. No. 91-579, 84 Stat. 1560 (1970), the “Animal Welfare Act Amendments of 1976", Pub. L. No. 94-279, 90 Stat. 417 (1976) and the “Food Security Act of 1985", Pub. L. No. 99-198, 99 Stat. 1354 (1985), and as it may be subsequently amended.
      (7)   “Practice of veterinary medicine” has the same meaning as in Ohio R.C. 4741.01.
      (8)   “Residential dwelling” means a structure or shelter or the portion of a structure or shelter that is used by one or more humans for the purpose of a habitation.
      (9)   “Wild animal” has the same meaning as in Ohio R.C. 1531.01.
   (b)   No person shall knowingly torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against a companion animal.
   (c)   No person who confines or who is the custodian or caretaker of a companion animal shall negligently do any of the following:
      (1)   Torture, torment or commit an act or cruelty against the companion animal;
      (2)   Deprive the companion animal of necessary sustenance, or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation or confinement;
      (3)   Impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the lack of adequate shelter.
   (d)   No person who confines or who is the custodian or caretaker of a companion animal shall recklessly deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water.
   (e)   No owner, manager or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal shall negligently do any of the following:
      (1)   Torture, torment, or commit an act of cruelty against the companion animal;
      (2)   Deprive the companion animal of necessary sustenance, or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation or confinement;
      (3)   Impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow or excessive direct sunlight if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the lack of adequate shelter.
   (f)   Subsections (b), (c), (d) and (e) of this section do not apply to any of the following:
      (1)   A companion animal used in scientific research conducted by an institution in accordance with the federal animal welfare act and related regulations;
      (2)   The lawful practice of veterinary medicine by a person who has been issued a license, temporary permit, or registration certificate to do so under Ohio R.C. Chapter 4741;
      (3)   Dogs being used or intended for use for hunting or field trial purposes, provided that the dogs are being treated in accordance with usual and commonly accepted practices for the care of hunting dogs;
      (4)   The use of common training devices, if the companion animal is being treated in accordance with usual and commonly accepted practices for the training of animals;
      (5)   The administering of medicine to a companion animal that was properly prescribed by a person who has been issued a license, temporary permit, or registration certificate under Ohio R.C. Chapter 4741.
   (g)   Notwithstanding any section of the Ohio Revised Code that otherwise provides for the distribution of fine moneys, the Clerk of Court shall forward all fines the Clerk collects that are so imposed for any violation of this section to the Treasurer of the municipality, whose county humane society or law enforcement agency is to be paid the fine money as determined under this section. The Treasurer shall pay the fine moneys to the county humane society or the county, township, municipal corporation, or state law enforcement agency in this state that primarily was responsible for or involved in the investigation and prosecution of the violation. If a county humane society receives any fine moneys under this section, the county humane society shall use the fine moneys either to provide the training that is required for humane society agents under Ohio R.C. 1717.061 or to provide additional training for humane society agents.
(ORC 959.131)
   (h)   (1)   Whoever violates subsection (b) or (d) hereof is guilty of a misdemeanor of the first degree on a first offense. On each subsequent offense such person is guilty of a felony and shall be prosecuted under appropriate State law.
      (2)   Whoever violates subsection (c) hereof is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
      (3)   Whoever violates subsection (e) hereof is guilty of a misdemeanor of the first degree.
      (4)   A.   A court may order a person who is convicted of or pleads guilty to a violation of this section to forfeit to an impounding agency, as defined in Ohio R.C. 959.132, any or all of the companion animals in that person’s ownership or care. The court also may prohibit or place limitations on the person’s ability to own or care for any companion animals for a specified or indefinite period of time.
         B.   A court may order a person who is convicted of or pleads guilty to a violation of this section to reimburse an impounding agency for the reasonably necessary costs incurred by the agency for the care of a companion animal that the agency impounded as a result of the investigation or prosecution of the violation, provided that the costs were not otherwise paid under Ohio R.C. 959.132.
      (5)   If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of this section has a mental or emotional disorder that contributed to the violation, the court may impose as a community control sanction or as a condition of probation a requirement that the offender undergo psychological evaluation or counseling. The court shall order the offender to pay the costs of the evaluation or counseling. (ORC 959.99)
505.08 NUISANCE CONDITIONS PROHIBITED.
   (a)   No owner shall allow or permit his dog to commit a nuisance on any public property or any improved private property other than that of the owner or person who has accepted custody of such dog, provided that the foregoing shall not apply to street gutters.
(Ord. 83-1968. Passed 5-28-68.)
   (b)    Whoever violates this section is guilty of a minor misdemeanor.
505.09 BARKING OR HOWLING DOGS.
   (a)   No person shall keep or harbor any dog within the Municipality which, by frequent and habitual barking, howling or yelping, creates unreasonably loud and disturbing noises of such a character, intensity and duration as to disturb the peace, quiet and good order of the Municipality. Any person who shall allow any dog habitually to remain, be lodged or fed within any dwelling, building, yard or enclosure, which he occupies or owns, shall be considered as harboring such dog.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
505.10 ANIMAL BITES; REPORTS AND QUARANTINE.
   (a)    Whenever any person is bitten by a dog or other animal, report of such bite shall be made to the Health Commissioner within twenty-four hours. Whenever it is reported to the Health Commissioner that any dog or cat has bitten a person, that dog or cat shall be quarantined under an order issued by the Health Commissioner. The dog or cat shall be quarantined by its owner or by a harborer, or shall be quarantined in a pound or kennel. In all cases, such quarantine shall be under the supervision of the Health Commissioner and shall be at the expense of the owner or harborer. Quarantine shall continue until the Health Commissioner determines that the dog or cat is not afflicted with rabies. The quarantine period hereby required shall not be less than ten days from the date on which the person was bitten. If at any time during the quarantine, the Health Commissioner requires the dog or cat to be examined for symptoms of rabies, then the examination shall be by a licensed doctor of veterinary medicine. The veterinarian shall report to the Health Commissioner the conclusions reached as a result of the examinations. The examination by a veterinarian shall be at the expense of the owner or harborer. No dog or cat shall be released from the required quarantine unless and until it has been properly vaccinated against rabies.
   No person shall fail to comply with the requirements of this section or with any order of the Health Commissioner made pursuant thereto, nor fail to immediately report to the Health Commissioner any symptoms or behavior suggestive of rabies.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
505.11 HUNTING, TRAPPING PROHIBITED; EXCEPTION.
   (a)    No person shall hunt or trap any wild bird or wild quadruped within the limits of the City except in such areas as designated in subsections (c), (f), and (g) hereof. For purposes of this section, "hunting" means pursuing, shooting, killing, following after or on the trail of, lying in wait for, shooting at, or wounding wild birds or wild quadrupeds whether such acts result in killing or wounding or not. For purposes of this section, "trapping" means securing or attempting to secure possession of a wild bird or wild quadruped by means of setting, placing, drawing, or using any device that is designed to close upon, hold fast, confine, or otherwise capture a wild bird or wild quadruped whether such means result in such capturing or not.
   (b)    Nothing herein shall preclude or prohibit the capture and/or the disposal of wild pigeons, starlings, dangerous animals or birds, pests or vermin that are a threat to persons or property and the subsequent destruction of the same by proper and humane methods, provided that such trapping, capture and destruction is accomplished in compliance with such rules and regulations of this section and the State of Ohio.
   (c)    Hunting is permitted in that portion of the City lying easterly of a line commencing at a point at the south City limits and South Coy Road, then in a northerly direction to Brown Road, then in an easterly direction to South Lallendorf Road, then in a northerly direction to Navarre Avenue, then, in an easterly direction to South Wynn Road, then in a northerly direction to Starr Avenue, then in a westerly direction to South and North Lallendorf Roads, then in a northerly direction to Cedar Point Road, then in an easterly direction to North Wynn Road, then in a northerly direction to Jacobs Road (Eagles Landing Drive) - Section 24 - and Grissel in the South Shore Park Area, then in an easterly direction to Lagundovie Road, then in a northerly direction to Bay Shore Road, then in an easterly direction to the easterly City limits, then south along the easterly City limit line to the south City limits, then west along the southerly City limit line to a point of beginning, in the City of Oregon, Lucas County, Ohio. 
   (d)    It shall be unlawful for any person to discharge a firearm within four hundred (400) feet of any structure without the prior permission of the landowner or tenant, or to shoot from, on, across, or along a public road or highway.
   (e)    It shall be unlawful for any person to hunt or trap upon the lands of another without obtaining written permission from the landowner or the landowner’s authorized agent.
   (f)    Archery hunting is permitted, in addition to the area defined by subsection (c) hereof, on any single parcel of land in the City which is at least five (5) acres in area. For purposes of this section, "archery" means use of longbow, crossbow, recurve, or compound bow.
   (g)    Trapping will be permitted in the City of Oregon with the following restrictions:
      (1)    It shall be unlawful for any person to use a trap for the purpose of capturing wild birds or wild quadrupeds which may cause death or injury to persons, domestic or wild animals (live box traps and snare traps are permitted).
      (2)    It shall be unlawful for any person to set or use a trap to capture wild birds or wild quadrupeds unless such trap has attached thereto a durable waterproof tag bearing the name and mailing address of the user in English letters legible at all times, or which has the name and mailing address of the user stamped into such trap in English letters legible at all times.
      (3)    All traps must be checked at least every twenty-four (24) hours.
      (4)    It shall be unlawful for any person to possess such live-trapped animals longer than sixty-five (65) days from the time of capture.
   (h)   Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 111-1997. Passed 5-27-97.)
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