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.
   (c)   No person shall offer to give any live animal as a prize or business inducement.
   (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.)