618.02 CARE REQUIREMENTS; CRUELTY PROHIBITED.

(b) “Animal hospital” means any facility which has the primary function of providing medical and surgical care for animals and is operated by a currently licensed veterinarian.

(c) “Animal shelter” means the facility or facilities operated by the City for the purpose of impounding or caring for the animals under the authority of this chapter or the laws of the State.

(d) “Animals” means any live, vertebrate creatures, domestic or wild, other than humans, and including all fowl.

(e) “Breeder” means any person who habitually lodges and/or feeds dogs within such persons's house or premises for the purpose of breeding.

(f) “Cat” means any member of the Felis catus family, male or female, regardless of age.

(g) “Catterie” means any establishment where cats are kept for the purpose of breeding.

(h) “Chief of Police” means the duly appointed, highest ranking officer in charge of the Police Department or his or her authorized representatives.

(i) “Commercial animal establishment” means any pet shop, grooming shop, guard shop service, business which keeps animals in stock for retail or wholesale trade, or any establishment performing one or more of the principal activities of the aforementioned establishments.

(j) “Companion animal” means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept. “Companion animal” does not include livestock or any wild animal.

(k) “Dangerous or exotic animal” means any animal, reptile or fowl or other such animal whose normal habitat is someplace other than northeast Ohio.

(l) “Dog” means any member of the Canis familiarities, male or female, regardless of age.

(m) “Fowl” means any bird belonging to one of two biological orders, namely the gamefowl or landfowl (galliformes) and the waterfowl (anseriformes).

(n) “Guardian” means a person(s) having the same rights and responsibilities of an “owner.” Both terms shall be used interchangeably. The absence of using both terms shall not relieve guardian and/or owner of any liability, responsibility, and/or obligation.

(o) “Health Officer” means the City-County Health Officer, or his or her authorized representative, including any employee of the City-County Health Department.

(p) “Household” means all persons living in the same single-family dwelling unit.

(q) “Humane live animal traps” means any cage trap that upon activation encloses an animal without placing any physical restraint upon any part of the body of such animal.

(r) “Humanely euthanize” means the proper injection of a substance that quickly and painlessly terminates the life of an animal, or any method approved by the American Veterinary Medical Association or the Humane Society of the United States.

(s) “Inhumane or cruel treatment or manner” means any treatment to any animal which deprives the animal of necessary sustenance, including sufficient and wholesome food, potable water and protection from the weather, or any treatment of any animal such as overloading, overworking, tormenting, beating, mutilating or teasing, or other abnormal treatment that causes suffering to such animal.

(t) “Kennel” or “shelter” means any premises upon which five or more cats or kittens and/or dogs and puppies are boarded, bred, trained, bought and/or sold, except for commercial animal establishments otherwise enumerated in the chapter.

(u) “Large animals” means any swine, bovine, goat, sheep, beast of burden or any other domestic or wild animal of similar or larger size.

(v) “Neutered” means any male or female cat or dog that has been permanently rendered sterile.

(w) “Owner”, “guardian”, “keeper”, “harborer” or “person in charge” means any person who feeds and/or shelters, or is in charge of, any animal for 24 or more consecutive hours, or who professes owner/guardianship of such animal. If a minor owns an animal, then the head of any household of which such minor is a member shall be deemed the owner/guardian of such animal under this chapter and shall be responsible as the owner/guardian. If not a member of a household, such minor shall be directly subject to the provisions of this chapter.

(x) “Person” means an individual, firm, association, joint stock company, syndicate, partnership or corporation.

(y) “Pet owner/guardian” means any person, other than those defined in divisions (e) and (v) of this section, who owns dogs or cats that are habitually lodged or fed within such person's house or premises.

(z) “Pit Bull Dog” includes the American Pit Bull Terrier, as recognized by the United Kennel Club, and the American Staffordshire Terrier, the Staffordshire Bull Terrier and the Bull Terrier, as recognized by the American Kennel Club, and any mixed breed of dog which contains as an element of its breeding any of the breeds described.

(aa) “Premises” means any parcel of land and any structure thereon in which any animal regulated by this chapter is housed and/or confined.

(bb) “Pure bred animal” means bred from members of a recognized breed, strain or unmixed ancestry.

(cc) “Safety Director” means the Supervisor of animal control and any or all other Animal Control Officers and animal control personnel assigned to work under the direct control of the Safety Department.

(dd) “Small animal” means any animal not within the definition of “large animal” but including all dogs without reference to size.

(ee) “Summons” means a violation notice requiring the violator to appear before the Municipal Judge.

(ff) “Wild animal” means any animal which is predominantly free-roaming, as opposed to domesticated, including but not limited to feral cats and feral dogs.

(Ord. 45-06. Passed 11-20-06; Ord. 35-10. Passed 3-15-10; Ord. 157-11. Passed 7-5-11.)

618.02 CARE REQUIREMENTS; CRUELTY PROHIBITED.

(a) No owner/guardian, keeper, harborer, or person in charge of any animals shall do or fail to do anything to any such animal which is injurious, cruel, or inhumane, including but not limited to:

(1) Failing to provide sufficient and wholesome food; potable water; shade and weatherproof enclosure of such size as will permit movement and simultaneously facilitate the preservation of body heat by the animals;

(2) Failing to provide a clean, water-resistant, and insulated structure, designed and built specifically for the type and size of the animal, with a solid floor raised off the ground, sufficient quantity of suitable bedding material and an entrance covered with a flexible wind-proof material or a self-closing swinging door; unless otherwise inspected and approved by the animal control officer;

(3) Failing to provide such animal adequate opportunity for exercise; regular veterinary care and when needed, veterinary care for injury or illness, to treat injury or illness, unless the animal is instead humanely euthanized; or other care as is needed for the health or well-being of such kind of animal;

(4) Abandoning any animal in any place. For the purpose of this provision, "abandon" means for the owner/guardian, keeper, harborer, or person in charge to leave any animal without demonstrated or apparent intent to recover or to resume custody; leave any animal for more than 12 hours without providing for adequate food, potable water and shelter for the duration of the absence; or turn out or release any animal for the purpose of causing it to be impounded;

(5) Leaving any animal unattended in a motor vehicle when the interior of such vehicle does not have adequate ventilation and will not maintain a safe temperature such that would avoid harm, suffering, disability, or death to such animal. For the purpose of this division, if attempts to locate the vehicle owner fail, any law enforcement officer or animal control officer may take action necessary to rescue a confined animal to remove the threat of further serious harm. The owner/guardian, keeper, harborer, or person in charge will be liable for all reasonable and necessary impound, board, and medical fees. No officer or agent taking action shall be liable for damages necessary to rescue the confined animal;

(6) Failing to bring said animal into a heated residential dwelling and keeping said animal outdoors unless physically accompanied by said owner, keeper, harborer, or person in charge unless approved by the animal control officer, where the outdoor temperature reaches 32 degrees Fahrenheit or lower;

(7) Failing to provide said animal with a cool, shaded dwelling or area with adequate airflow and access to water, where the outdoor temperature exceeds 80 degrees Fahrenheit;

(8) Tethering an animal if a heat or cold advisory has been issued by a local or state authority or the National Weather Service;

(9) Tethering an animal for more than six hours total in a 24 hour period;

(10) Tethering an animal between the hours of 10:00 p.m. and 6:00 a.m.;

(11) Tethering an animal if an owner, keeper, harborer, or person in charge of said animal is not on the premises; or

(12) Tethering an animal on a chain/leash of less than eight feet in length, or of a weight or in such a manner that prevents such animal from moving freely without entanglement.

(b) Any animal impounded for being kept in violation of this section may be humanely euthanized upon advice of a licensed veterinarian and by the animal control officer if he or she deems it necessary to relieve suffering. The cost for care and treatment of any animal impounded under this section shall be charged to the owner/guardian, keeper, harborer, or person in charge, regardless of whether such person seeks to regain custody of such animal.

(c) The owner/guardian, keeper, harborer, or person in charge of any animal who has been charged under this section who fails to appear in court on the scheduled date to enter a plea or fails to appear on any additional court dates, after entering a plea, without permission from the judge or authorized court employee, will have 14 days from that date to settle the matter with the court. Failure to comply will result in the animal being held at the shelter and becoming the property of the City, allowing it to be adopted or, if necessary, humanely euthanized.

(d) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11; Ord. 95-24. Passed 7-15-24.)

618.03 ABUSE OF ANIMALS.

(a) No person shall knowingly torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against an animal.

(b) The operator of a motor vehicle which strikes any animal shall, as soon as possible, report the accident to the animal control officer or the Police Department.

(d) No person shall sell within the City any animal or fowl whose owning is prohibited by this chapter or sell or display any animal that has been artificially dyed or colored.

(e) No person shall expose any known poisonous substance, whether mixed with food or not, so that the same shall be liable to be eaten by any animal.

(f) No person shall use a spring steel trap in the City limits, except rat and mouse traps.

(g) No person shall willfully kill any bird or molest the nest of such birds.

(h) No person shall, without the knowledge or consent of the owner/guardian, hold or retain possession of any animal of which he or she is not the owner/guardian for more than 72 hours without first reporting the possession of such animal to the animal control officer.

(i) (1) This section shall not preclude authorized pest control activities performed by any of the following individuals:

A. Persons certified by the Ohio Department of Agriculture; or

B. Persons under their direct supervision; or

C. Any other governmental agency; or

D. Any persons engaged in pest control activities upon or within premises under their control or supervision.

(2) However, any materials used for pest control purposes shall meet the following conditions:

A. The materials shall be approved by either the United States Environmental Protection agency or the Ohio Environmental Protection Agency; and

B. Materials shall be applied in strict accordance with the labeled directions; and

C. The materials shall be applied in a manner that does not create a substantial risk of harm to any animal or bird other than the targeted pests.

(3) Individuals described in paragraphs (i)(1)A. and (i)(1)B. of this section shall give prior notice of their pest control activities to the office of the Animal Warden. Any person authorized to conduct pest control activities under and in accordance with this division shall dispose of the resultant carcasses in a reasonable manner.

(j) This section shall not apply to a licensed veterinarian, an authorized animal protective league or agency, a member of the safety department of any political subdivision, or the City Service Inspector/Animal Warden and Health Officer, acting within the scope of their authority and in their official capacities and in accordance with any applicable State, Federal or local Municipal law.

(k) Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent offense.

(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11.)

618.04 DANGEROUS DOGS.

(a) Definitions. As used in this section:

(1) “Dangerous dog” means any of the following:

A. Any dog which, according to the records of the Police Department, has inflicted severe injury on a human being, without provocation, on public or private property;

B. Any dog which, according to the records of the Department, has killed a domestic animal without provocation while off the owner/guardian's property;

C. Any dog owned or harbored primarily or in part for the purpose of dog fighting, or any dog trained for dog fighting;

D. Any dog which, when unprovoked, chases, or approaches a person upon the streets, sidewalks or any public or private property in a menacing fashion or apparent attitude of attack; or

E. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise threaten the safety of human beings or domestic animals.

(2) “Severe injury” means any physical injury resulting in broken bones or lacerations or puncture wounds.

(b) Exemptions.

(1) No dog may be declared dangerous if any of the following applies:

A. The threat, injury or damage was sustained by a person who had teased, tormented or abused the dog;

B. The dog was coming to the aid or the defense of a person, provided that such person was not engaged in illegal or criminal activity and using the dog as a means of carrying out such activity;

C. In the case of another domestic animal, the dog was attacked by such animal or such animal was running at large.

(2) A police dog that is being used to assist one or more law enforcement officers in the performance of their duties or a dog that has caused injury to any person while such person was committing or attempting to commit a trespass or other criminal offense on the property of the owner/guardian shall not be declared dangerous.

(1) Upon receipt of a complaint from an individual, setting for the nature and the date of the act, the owner/guardian of the animal, the address of the owner/guardian and the description of the animal doing such act, the animal control officer shall investigate the complaint to determine if, in fact, the animal is dangerous.

(2) Within five days after receipt of such affidavit of complaint, the animal control officer shall notify the owner/guardian and complainant in writing of his or her determination.

(3) A determination by the Animal Warden that a dog is dangerous may be appealed to the Safety Director within ten days after receipt of written notice thereof. Upon appeal, the Safety Director shall review the determination of the Animal Warden and such additional documentation, if any, provided by the dog's owner/guardian, keeper or harborer, who shall be notified in writing of the Safety Director's decision regarding the appeal, which decision shall be final.

(d) Owner/Guardian's Responsibility Upon Determination.

(1) If a dog is determined to be “dangerous”, the owner/guardian shall do the following:

A. Display a sign on his or her premises warning that there is a dangerous dog on the property. This sign shall be visible and capable of being read from the public highway or thoroughfare. In addition, the owner/guardian shall conspicuously display signs with a symbol warning children of the presence of a dangerous dog. Such signs shall be visible from the front, rear and both sides of the property.

B. While the dog is on the premises of the owner/guardian or keeper, securely confine it all times indoors or in a locked fenced yard where the dog is secured by a chain-link leash or in a locked pen or other structure. Such pen or structure must have minimum dimensions of five feet by ten feet and must have secure sides and a secure top. If no bottom is secured to its sides, the sides must be embedded into the ground no less than two feet. The pen or structure must also provide protection from the elements for the dog. The owner/guardian shall have ten days to construct a pen as described in this section.

C. While that dog is off the owner/guardian's premises, keep it muzzled and restrained by a substantial chain or leash not more than six feet in length and have the leash controlled by a person who is of suitable age and discretion to adequately restrain the dog.

D. Present to the Animal Warden proof that the owner/guardian or keeper has procured liability insurance in the amount of at least one hundred thousand dollars ($100,000), covering the 12-month period during which licensing is being sought. This policy shall contain a provision requiring the City to be named as an additional insured for the sole purpose of ensuring that the City will be notified by the insurance company of any cancellation, termination or expiration of the policy.

(2) The owner/guardian shall have 24 hours to comply with this section except where otherwise specified.

(e) Euthanasia Option. If the owner/guardian or keeper of a dog that has been designated dangerous is unwilling or unable to comply with the above regulations for keeping such an animal, then he or she shall have the animal humanely euthanized by an animal shelter or a licensed veterinarian, after a ten-day holding period. The owner/guardian shall bear the cost for such action. Any dog that has been designated as dangerous under this section may not be offered for adoption.

(f) Removal Option. If the owner/guardian or keeper of a dog that has been designated dangerous is unwilling or unable to comply with the above regulations for keeping such an animal, and the owner/guardian or keeper of such dog does not use the euthanasia option, then he or she shall have such dog removed from such premises and removed from the City limits within a ten-day period.

(g) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the first degree.

(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11.)

618.05 RUNNING AT LARGE PROHIBITED, EXEMPTIONS.

(a) No owner/guardian of any animal, including, but not limited to, dogs and cats, shall permit such an animal to run at large within the City at any time. Any animal shall be deemed running at large when such an animal is not inside a resident structure, secure fence or pen; on a leash and held by a person capable of controlling such animal; or tethered in such a manner as to prevent its getting on the public right-of-way or another's property. This provision shall not apply to dogs being obedience trained by a certified trainer.

(b) No person shall permit a County or City registration tag to be worn by any animal other than the animal for which such tag is issued.

(c) While a racing pigeon is flying at large, the owner/guardian must be outdoors to observe the flight of such bird to correct nuisances that may occur or be caused by such racing pigeon.

(d) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the second degree. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.

(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11.)

Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588.

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