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(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.)
(a) As used in this section:
(1) “Animal”. Means a nonhuman mammal, bird, reptile, or amphibian, either dead or alive.
(2) “Offense.” Means a violation of this section or an attempt, in violation of R.C. § 2923.02, to violate this section.
(3) “Officer.” Has the same meaning as in R.C. § 959.132.
(4) “Sexual conduct.” Means either of the following committed for the purpose of sexual gratification:
A. Any act done between a person and animal that involves contact of the penis of one and the vulva of the other, the penis of one and the penis of the other, the penis of one and the anus of the other, the mouth of one and the penis of the other, the mouth of one and the anus of the other, the vulva of one and the vulva of the other, the mouth of one and the vulva of the other, any other contact between a reproductive organ of one and a reproductive organ of the other, or any other insertion of a reproductive organ of one into an orifice of the other;
B. Without a bona fide veterinary or animal husbandry purpose to do so, the insertion, however slight, of any part of a person’s body or any instrument, apparatus, or other object into the vaginal, anal, or reproductive opening of an animal.
(b) No person shall knowingly engage in sexual conduct with an animal or knowingly possess, sell, or purchase an animal with the intent that it be subjected to sexual conduct.
(c) No person shall knowingly organize, promote, aid, or abet in the conduct of an act involving any sexual conduct with an animal.
(R.C. § 959.21)
(d) (1) 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 division, 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(D))
(2) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of this section suffers from 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(E)(6))