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(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.)
(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.
(c) Determination of “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.)
(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.)
(a) No person being the owner/guardian, keeper, harborer or person in charge of any animal shall allow such animal to enter upon any private property, including stores and other places of business, other than that of the owner/guardian, keeper, harborer or person in charge of such animal, without the approval of the owner/guardian of such property. In addition, the owner/guardian, keeper, harborer or person in charge of any dogs or other animals shall be prohibited from taking dogs or other animals into public buildings, public parks, school grounds, the golf course and other City-owned property. Dogs trained to assist the disabled are exempt from the provision.
(b) This section shall not apply to stores or other places of business dealing in or servicing live animals, such as pet shops or veterinary hospitals, or to animals permitted upon school grounds by authority of the Superintendent of Schools, or to animals permitted upon public grounds by the authority of the Director of Public Safety and/or the Director of Public Service.
(c) There shall be placed in a conspicuous location in each place of business a sign of a size and design to be approved by the Director of Public Safety, giving notice to the public of the prohibition set forth in division (a) of this section.
(d) Whoever violates this section is guilty of a misdemeanor of the fourth degree, provided, however, that:
(1) If it is a first offense, there shall be a minimum fine of twenty-five dollars ($25.00);
(2) If it is a second offense, there shall be a minimum fine of seventy-five dollars ($75.00); and
(3) For the third offense and thereafter, there shall be a minimum fine of one hundred fifty dollars ($150.00).
(e) Except to the extent herein modified, the penalty shall be as provided in Section 698.02.
(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11.)
(a) The owner/guardian of any animal shall take all reasonable measures to keep such from becoming a nuisance. For the purpose of this provision, “nuisance” means any animal which:
(1) Molests or interferes with persons in the public right-of-way;
(2) Attacks or injures persons or other domestic animals;
(3) Damages public or private property by its activities or with its excrement;
(4) Scatters refuse that is bagged or otherwise contained;
(5) Causes any condition which threatens or endangers the health of well-being of persons or other animals;
(6) Attacks, injures or kills wildlife while at large.
(b) Whoever violates this section is guilty of a misdemeanor of the third 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.)
(a) No owner/guardian, keeper, harborer or person in charge of any animal shall permit such animal to make excessive noise that disturbs a neighbor. The following definitions and conditions shall apply to this provision:
(1) “Excessive noise” means any animal noise which is so loud and continuous or untimely so as to disturb the sleep or peace of a neighbor;
(2) “Neighbor” means any person residing in a resident structure which is within 100 yards of the property on which the animal is owned.
(b) Whoever violates this section is guilty of a misdemeanor of the third 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.)
(a) The owning, keeping or harboring of any wild, dangerous, poisonous or exotic animal, including, but not limited to the animals listed below, is hereby prohibited within the City limits.
(1) All crotalid, elapid and venomous colubroid snakes;
(2) Apes: chimpanzees (Pan); gibbons (Hylobates); gorillas (Gorilla); orangutans (Pongo); and siamangs (Symphalangus);
(3) Baboons (Papoi, Mandrillus);
(4) Bears (Ursidae);
(5) Bison (Bison);
(6) Cheetahs (Acinonyx jubatus);
(7) Crocodilians (Crocodilia) when 72 inches in length or more;
(8) Constrictor snakes when 14 feet in length or more;
(9) Coyotes (Canis latrans);
(10) Deer (Cervidae), including all members of the deer family, for example, white-tailed deer, elk, antelope and moose;
(11) Elephants (Elephas and Loxodonta);
(12) Foxes (Canis vulpes);
(13) Game cocks and other fighting birds;
(14) Hippopotami (Hippopotamidae);
(15) Hyenas (Hyaenidae);
(16) Jaguars (Panthera onca);
(17) Leopards (Panthera pardus);
(18) Lions (Pantheraleo);
(19) Lynxes (Lynx);
(20) Monkeys, old world (Cercopithecidae);
(21) Ostriches (Struthio);
(22) Piranha fish (Characidae);
(23) Pumas (Felis concolar), also known as cougars, mountain lions and panthers;
(24) Rhinoceroses (Rhinocero tidae);
(25) Sharks (class Chondrichthyes);
(26) Snow leopards (Panthera uncia);
(27) Swine (Suidae);
(28) Tigers (Panthera tigris);
(29) Wolves (Canis lupus); and
(30) Wolf hybrids or any hybrid of a domestic dog with a wild canis.
(b) The owning or keeping of any fowl, including, but not limited to domestic geese, ducks, turkeys, and chickens within the City limits is hereby prohibited. However:
(1) Schools are not prohibited from raising chicks and/or ducks for educational purposes; and
(2) When finished or no later than two weeks after the chicks and/or ducks have hatched, the schools must give the fowl to a farm authorized to handle such animals.
(c) The owning, harboring, or keeping of a pit bull within City limits is prohibited.
(d) No livestock, including, but not limited to horses, mules, cattle, sheep, goats and swine shall be owned or maintained within the City limits.
(e) Licensed pet shops, menageries, zoological gardens and circuses shall be exempt from the provisions of division (a) of this section if all of the following conditions are applicable:
(1) The location conforms to the provisions of the City Zoning Code.
(2) All animals and animal quarters are kept in a clean and sanitary condition and maintained so as to eliminate objectionable odors.
(3) Animals are maintained in quarters so constructed as to prevent their escape.
(4) No person resides within 50 feet of the quarters in which the animals are kept.
(5) Pit Bulls are not brought into City limits.
(f) The Stearns Homestead, located at Permanent Parcel 450-18-1, and currently operated by the Parma Historical Society, is hereby exempted from the restrictions of this section to the extent that it keeps and maintains horses, mules, cattle, sheep, goats, swine, dogs, cats, chickens, ducks, geese and other similar types of animals or fowl generally considered to be farm animals for purposes of public display.
(g) No exemption granted pursuant to any division of this section shall be construed, nor is it intended by the City as a guaranty or warranty of any kind, whether express or implied, to any person, including, without limitation, the general public, persons residing or passing near the applicant's premises or the applicant, either in general or individually, as to the danger of persons residing or passing near the applicant's premises or the applicant, either in general or individually, as to the danger or lack thereof, or degree of risk to health or safety, of any animal, specifically or generally, or of any premises where any animal is maintained or kept pursuant to such exemption.
(h) The lack of knowledge of intent is not a defense to a violation of this section.
(i) Whoever violates division (c) of this section is guilty of a misdemeanor of the first degree.
(j) Whoever violates or fails to comply with any of the other provisions of this section is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day during or on which a violation or noncompliance occurs or continues.
(Ord. 45-06. Passed 11-20-06; Ord. 35-10. Passed 3-15-10)
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