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(a) No person shall keep any dead animal or dead fowl, or any part of any dead animal or dead fowl, in any front or side yard in the City. No person shall keep any dead animal or dead fowl, or any part of any dead animal or dead fowl, in any rear yard other than in an enclosure or otherwise concealed such that the animal will be kept from view.
(b) In addition to the requirements of this section, enclosures in any rear yard shall be regulated by other applicable sections of these Codified Ordinances, including, but not limited to, Section 1529.39 of the Building Code.
(d) Whoever violates this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02.
(Ord. 45-06. Passed 11-20-06.)
The owner/guardian, keeper or harborer of any dog which damages or destroys park or public property shall be held liable for the full value of the property damaged or destroyed in addition to any penalty imposed for a violation of any of the provisions of this chapter.
(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11.)
(a) Whenever it is shown that an animal has bitten a person or shows signs of being infected with rabies, the owner/guardian, keeper or harborer of such animal, within 24 hours following the biting incident or upon any reason stated in this section, shall take and remove such animal to a qualified veterinarian for examination, and subsequently, on the tenth day following such original examination by the veterinarian, permit re-examination of such animal by the veterinarian. After such animal is first examined, it shall be confined, during the ten-day period until the second examination is completed, in the animal clinic, kennel or hospital where examined, or secured at the home of the owner/guardian, keeper or harborer of such animal, inaccessible to the public at large. The animal shall not be released from quarantine until there is provided a written report, signed by the examining veterinarian, setting forth the dates of examinations of such animal and the results thereof, and proof that such animal had or has a current rabies vaccination and the date the vaccine was given. Such report must be submitted within 24 hours following the last examination. If the animal dies prior to the tenth day of examination, as provided in this subsection, the owner/guardian, keeper or harborer of such animal shall immediately contact the Animal Warden, who shall arrange for the removal of the animal to a qualified laboratory for examination. Under no circumstances shall the owner/guardian, keeper or harborer of such animal purposely destroy the animal prior to compliance with this section.
(b) If the owner/guardian, keeper or harborer of such animal fails to comply with any such order of the Animal Warden within 24 hours of the notification that such order has been served upon the owner/guardian, keeper or harborer, the Warden or a police officer may take such animal into custody and place the same in quarantine. An animal subject to rabies and known to have bitten a person shall be immediately surrendered to the Warden on his or her demand. An animal surrendered to the custody of the Warden shall be quarantined for a period not to exceed 180 days, as directed by the Warden. At the end of the expiration of such period, such animal shall be removed by the owner/guardian from the place of quarantine if such animal is declared by the Warden to be free from rabies. Expenses of the quarantine of such animal shall be charged to the owner/guardian, keeper or harborer thereof.
(c) Whoever violates this section is guilty of a minor misdemeanor for a first offense. For each subsequent offense, such person is guilty of a misdemeanor of the fourth degree. 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) Subject to constitutional or statutory restrictions governing search and seizure:
(1) The Animal Warden shall take up and impound every animal found in violation of any of the provisions of this chapter, in addition to the other applicable penalties for such violation.
(2) The Animal Warden may take up and impound any animal found to be creating a serious and imminent risk of physical harm to any person.
(3) If a person is subject to arrest while an animal is in his or her custody, the Animal Warden may impound such animal.
(b) Any animal that has been impounded, which creates a serious imminent threat to the health or safety of any person or other animal, or which has been so seriously injured or diseased that reasonable veterinary measures are not expected to return the animal to full health, may be immediately and humanely destroyed by the Animal Warden, subject to the specific restrictions of the Ohio Revised Code.
(c) With respect to wild animals under the jurisdiction of the State Division of Wildlife, the Animal Warden is authorized to take up, impound and release such wild animals in compliance with the procedures and restrictions of the Division.
(d) With respect to animals that have been impounded, the Animal Warden shall proceed as follows:
(1) If the animal has been licensed or registered and can be so identified, or if the owner/guardian, keeper or harborer of the animal is otherwise known to the Animal Warden, the Animal Warden shall give written notice, by certified mail or in person, to such owner/guardian, keeper or harborer, of his or her right to claim and redeem the animal. Dogs and cats shall be kept for 14 days from the date of notice.
(2) The Animal Warden shall establish a bulletin board at a location upon City property that is available to public inspection during business hours and shall notify the Clerk of Council of its location. If the owner/guardian, keeper or harborer of an impounded dog or cat is not known to the Animal Warden, he or she shall post a notice at the designated site, describing the animal and the date, time and place where the animal was seized, and advising the unknown owner/guardian that the dog or cat will be kept for 72 hours.
(3) Any dog or cat, the owner/guardian, keeper or harborer of which is not known to the Animal Warden, will be kept for 72 hours (three working days), exclusive of Saturdays, Sundays and holidays, from the date of impoundment.
(e) Animals which have not been claimed and redeemed within the time periods established in division (d) of this section may be offered for adoption to any interest person who agrees to enter into an adoption agreement with the City on a first come-first serve basis, may be transferred to the Animal Protective League, or may be humanely destroyed.
(f) In order to claim and redeem any impounded animal, the owner/guardian, keeper or harborer thereof shall submit the Animal Warden proof of owner/guardianship. Further, as a condition of release, the owner/guardian, keeper or harborer shall obtain a valid license, if applicable, and pay all fees appurtenant thereto. Finally, as a condition of release, the owner/guardian, keeper or harborer shall pay all fees and costs accruing in connection with the impoundment.
(g) (1) The following fees and costs shall accrue incident to the impoundment of animals:
For seizing and impounded an animal | $20.00 |
For housing and feeding, per day | 10.00 |
For certified mail service of notice | 5.00 |
(2) If any such animal cannot be harbored at the Parma Animal Shelter, then the owner/guardian of such animal shall be responsible for all costs of harboring such animal at other facilities.
(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11.)
In addition to penalties provided in this chapter, if a court determines that an animal is vicious, that on one or more occasions such animal has bitten or attacked a person without provocation, or that the owner/guardian of the animal has habitually permitted such animal to run at large or violate this chapter on one or more occasions so as to constitute a nuisance, the court may, in order to protect the health, welfare, safety and property of the residents of the City, order that such animal be removed from the City or be destroyed.
(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11.)
(a) The owner/guardian or keeper of any member of a species of the animal kingdom that escapes from his or her custody or control and that is not indigenous to this State or presents a risk of serious physical harm to persons or property, or both, shall, within one hour after he or she discovers or reasonably should have discovered the escape, report it to:
(1) A law enforcement officer of the municipality and the County Sheriff; and
(2) The Animal Warden.
(b) If the office of the Animal Warden is closed to the public at the time a report is required by division (a) of this section, then it is sufficient compliance with division (a)(2) of this section if the owner/guardian or keeper makes the report within one hour after the office is next open to the public.
(c) Whoever violates this section is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in Section 698.02.
(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11.)
(a) Harboring; Compliance and Registration Required. Any person harboring or keeping fancy, utility, high-flying and/or racing/homing domestic breeds of pigeons shall be permitted to harbor or keep such pigeons, but only if he or she complies with this section and has registered with the Director of Public Safety.
(b) Care of Lofts and Birds. No breeder shall permit lofts to become dirty and/or smelly or allow birds to wander uncontrolled about the neighborhood.
(c) Conditions for Maintenance of Racing/Homing Pigeons. No person shall harbor or maintain any racing/homing pigeon except under the following conditions:
(1) No loft, coop or other place for keeping or confining racing/homing pigeons shall be maintained, operated or permitted to exist within 25 feet of any building used as a residence or patio.
(2) No loft kept for pigeons shall be an open loft.
(3) No loft, coop or other place for keeping or confining racing/homing pigeons shall be located in any structure not constructed in accordance with the Zoning Code and the Building Code.
(4) All runways in which such pigeons are kept and maintained shall at all times be kept clean and free from filth, garbage or any substance which emits a noxious odor or which can attract rats.
(5) All pigeons shall be fed within the confines of the loft or coop and all unused food shall be collected promptly and disposed of in a manner required by division (c)(6) of this section.
(6) All grain and food stored for the use of such pigeons shall be kept in rat-proof containers with tight covers.
(7) All runways shall be completely enclosed with chicken wire, netting or other equivalent material that will prevent pigeons from escaping the confines of the loft or coop.
(8) No person shall fly domestic pigeons unless he or she complies with the following rules:
A. Racing/homing. The owner/guardian or agent must be a member in good standing of an organized racing homer club with a body of rules that will preserve the peace and tranquility of the neighborhood, such as a local club in the Cleveland center, under the America Union (A.U.) or a comparable organization.
B. High-flying. The owner/guardian or agent must be a member in good standing of an organized high-flying club with a body of rules that will preserve the peace and tranquility of the neighborhood, such as club organized under the National Pigeon Association (N.P.A.) or a comparable organization.
C. Feed times; limited number. No bird shall be fed before being released or exercised. Not more than 50 birds shall be flown in one day.
D. Landing on property. No owner/guardian or agent shall permit his or her birds to land, set, light or gather on the property of another, whether public or private property.
E. Bands. The owner/guardian or agent shall place a registered band on all his or her flying birds.
F. Utility and fancy birds. Utility and fancy types shall not be released for exercise outside the loft unless they also comply with the rules for racing/homing and/or high- flying domestic pigeons.
(d) Shooting and Trapping Racing/Homing Pigeons. No person, not being the owner/guardian thereof, shall shoot, kill, maim or entrap a domestic pigeon if it has the name of the owner/guardian stamped upon its wing or tail or if it has a band with the owner/guardian's name or initials or a number on its leg.
(e) Definitions. As used in this section:
(1) “Fancy” means pigeons that are raised primarily for being shown in competitions during pigeon shows and fairs.
(2) “High-flying” means pigeons that are raised primarily to be flown in high-flying competition.
(3) “Open loft” means the free roaming of a bird unattended at the loft location.
(4) “Racing/homing” means pigeons that are raised primarily to be flown in long distance flying competition, in organized club competition.
(5) “Utility” means pigeons that are raised primarily for food.
(f) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a misdemeanor of the fourth degree. Punishment shall be as provided in Section 698.02.
(Ord. 45-06. Passed 11-20-06; Ord. 157-11. Passed 7-5-11.)
(a) The keeping or harboring of bees, including but not limited to honey bees and bumble bees, shall be limited to a maximum of two hives on a minimum lot size of 6,000 square feet, and no more than four hives on a one-half acre lot, in a residential zone only. For purposes of this division only, “lot size” shall include sidewalk areas, tree lawns or any other areas behind the street curb-line within the public right-of- way which fronts upon the property which shall harbor the bees.
(b) A beehive must be kept a minimum of five feet from property lines, and the bees' flight pattern must be directed away from a neighbor's entrances and lines of traffic.
(c) A water source must be provided on the premises, placed a minimum of five feet from the property line.
(d) Neglected bees, as determined by the County Inspector, are prohibited.
(e) The failure to remove, or authorize the removal of, any natural or man-made hive or nest, or other living quarters for bees, (including but not limited to honey bees and bumble bees), wasps, yellow jackets and hornets, within three days after notice is served by the Building Commissioner upon the owner/guardian and/or occupant, shall be prima facie evidence that bees (including but not limited to honey bees and bumble bees), wasps, yellow jackets and hornets, are being kept or harbored on the premises by such owner/guardian and/or occupant.
(f) 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. 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) When a blind, deaf or mobility impaired person is accompanied by a dog that serves as, or is in training to become a guide, leader, listener or support dog for him or her, and he or she can show proof by certificate or other means that the dog leading him or her, listening for him or her, or providing support or assistance for him or her, has been or is being trained for that purpose by a nonprofit special agency engaged in such work, the person 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, all institutions of education, 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 a guide, leader, listener or support 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 blind, deaf or mobility impaired person of any of the advantages, facilities or privileges provided in division (a) of this section, nor charge the blind, deaf or mobility impaired person a fee or charge for the dog.
(c) As used in this section, “institutions of education” means:
(1) Any state university or college, as defined in Ohio R.C. 3345.32;
(2) 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;
(3) Any elementary or secondary school operated by a board of education;
(4) Any chartered or nonchartered nonpublic elementary or secondary school;
(5) Any school issued a certificate of registration by the State Board of Proprietary School Registration.
(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.
(Ord. 45-06. Passed 11-20-06.)
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