618.00 DEFINITIONS.

(a) "Abandon" shall mean for the owner, keeper 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 adequate food, potable drinking 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.

(b) "Animal" means any nonhuman living vertebrate.

(c) "Domestic animal" means any dog, cat, fish, amphibian, reptile, bird, or mammal. "Domestic animal" does not include any livestock, poultry, wild animals, or exotic animals.

(d) "Exotic animal" means each of the following animals:

(1) Class Mammalia.

A. Order Artiodactyla. All species, including by way of example and not by way of limitation, all antelopes, bison, camels, deer, giraffes, and hippopotamuses.

B. Order Carnivora.

1. Family Felidae. All species of pantera, and all felis except felis catus.

2. Family Canidae. Coyotes, foxes, jackals, wolves.

3. Family Ursidae. All species, including by way of example and not by way of limitation, all species of bear.

4. Family Mustelidare. Badgers, martins, minks, skunks, and weasels.

5. Family Procyonidae. Coatis and raccoons.

6. Family Hyaenidae. All species, including by way of example and not by way of limitation, all hyenas.

C. Order Edentatia. All species including by way of example and not by way of limitation, anteaters, armadillos, and sloths.

D. Order Marsupialia. Kangaroos, opossums, and wallabies.

E. Order Perissodactyla. Rhinoceroses and tapirs.

F. Order Primates. All species, including by way of example and not by way of limitation, all chimpanzees, gorillas, lemurs, and monkeys.

G. Order Proboscidae. All species, including by way of example and not by way of limitation, all elephants.

H. Order Rodentia. Beavers, porcupines, and squirrels.

(2) Class Reptilia.

A. Order Squamata.

1. Family Colubridae. African twig snakes, brown tree snakes, boomslangs, and mangrove snakes.

2. Family Elapidae. All species, including by way of example and not by way of limitation, all cobras, coral snakes, mambas, kraits, adders, sea snakes, and all other species of the Family Elapidae as listed in "Living Snakes of the World in Color" by John M. Mehrtens, Sterling Publishing Co., Inc., 1987.

3. Family Helodermatidae. Gila monsters and Mexican beaded lizards.

4. Family Viperidae and Family Crotalidae. All species, including by way of example and not by way of limitation, all vipers, adders, asps, moccasins, rattlesnakes, copperheads, and all other vipers and pit vipers and pit vipers as listed in "Living Snakes of the World in Color" by John M. Mehrtens, Sterling Publishing Co., Inc., 1987.

5. Family Boidae. Green anacondas and yellow anacondas; Jamaican boas; African rock pythons, amethystine pythons, Boelen's pythons, Burmese pythons, Indian pythons, olive pythons, and reticulated pythons.

6. Family Varanidae. Salvator monitor, salvadoran monitors.

B. Order Crocodilia. All species, including by way of example and not by way of limitation, all crocodiles, alligators, caimans, and gavials.

(3) Class Aves.

A. Order Cainwarae. All species, including by way of example and not by way of limitation, all eagles, hawks, and vultures.

B. Order Rheiformes. All species, including by way of example and not by way of limitation, all rheas.

C. Order Struthioniformes. All species, including by way of example and not by way of limitation, all ostriches.

D. Order Casuariiformes. All species, including by way of example and not by way of limitation, all cassowaries and emus.

E. Order Strigiformes. All species, including by way of example and not by way of limitation, all owls.

Phylum Arthropoda

(4) Class Arachnida.

A. Order Scorpiones.

1. Family Buthidae. Arabian fat-tailed scorpion- Androctonus crassicauda;

Arizona centruroides scorpion- Centruroides exilicauda

Death stalker- Leiurus quinquestriatus

Egyptian yellow scorpion- Androctonus amoreuxi

Israeli black scorpion- Hottentotta judaicus

S.A. giant fat-tailed scorpion- Parabuthus tranvaalicus

Sinai desert scorpion- Androctonus bicolor

Yellow desert scorpion- Androctonus australis

B. Order Araneae.

1. Family Therididae. Argentina red widow spider- Latrodectus coralinus

Brown widow spider- Latrodectus geometricus

Red-black widow- Latrodectus hasselti

Red widow spider- Latrodectus mactans

Western widow- Latrodectus hesperus

2. Family Loxoscelidae. Brown recluse spider- Loxosceles reclusa.

(5) Class Chilopoda.

A. Order Scolopendromorpha.

1. Family Scolopendridae. Amazon giant banded centipede- Scolopendra gigantea

Arizona Tiger Centipede- Scolopendra viridis

Florida Keys centipede- Scolopendra alternans

(6) Class Chiroperta. Bats

(7) Green Iguanas.

As used in this chapter, "exotic animal" also means all species listed under the Endangered Species Act as threatened or endangered, and shall also mean any snake, regardless of species, that grows to twelve feet in length or longer, and tarantulas.

(e) "Animal control officer" means any individual employed, contracted, or appointed by the City to enforce ordinances and laws regulating the care and control of animals. The animal control officer also has a duty to educate the public regarding animal issues, including but not limited to, pet sterilization, licensing, wildlife, guardianship, and any other animal laws or issues affecting the animal population.

(f) "Animal shelter" means a place where all animals impounded by the animal control officer are placed for their humane care and keeping.

(g) "Guardian/owner" means a person who has control, custody, possession, title, or other legal interest in an animal.

(h) "Livestock/poultry". "Livestock" means any hoofed animal, including, but not limited to horses, mules, donkeys, goats, sheep, bovine, and swine. "Poultry" includes, but is not limited to, turkey, geese, chicken, and any other wild game birds/fowl.

(i) "Minimum care" means care sufficient to preserve the health and well-being of a domestic animal and, except for emergencies or circumstances beyond the reasonable control of the guardian, includes, but is not limited to, the following requirements:

(1) Food of sufficient quantity and quality to allow for normal growth or maintenance of body weight.

(2) Open or adequate access to potable water of a drinkable temperature in sufficient quantity to satisfy the animal's needs (excluding fish).

(3) Access to a barn, house or other enclosed structure sufficient to protect the animal from wind, rain, snow, sun or excessive heat, and which has adequate bedding to protect against cold and dampness (excluding fish).

(4) Veterinary care deemed necessary by a reasonably prudent person to relieve distress from injury, neglect or disease (excluding fish).

(5) Continuous access to an area:

A. With adequate space for exercise necessary for the health of the animal. Inadequate space may be indicated by evidence of debility, stress or abnormal behavior patterns.

B. With air or water temperature suitable for the health of the animal.

C. With adequate ventilation or oxygenation.

D. With regular diurnal lighting cycles of either natural or artificial light.

E. Kept reasonably clean and free from excess waste or other contaminants that could affect the animal's health.

(6) It is the responsibility of the guardian to learn what care is appropriate for the domestic animal in his or her control.

(j) "Person" means an individual, corporation, trust, partnership, association, or any other legal entity.

(k) "Physical injury" means physical trauma, impairment of condition, or pain inconsistent with reasonable handling or training techniques.

(l) "Physical trauma" means fractures, cuts, burns, punctures, bruises, or other wounds or illnesses produced by violence or by a thermal or chemical agent.

(m) "Possession" means to have physical custody or to exercise dominion or control over an animal.

(n) "Serious physical injury" means physical injury that creates a substantial risk of death or that causes protracted disfigurement, protracted impairment of health or protracted loss or impairment of the function of a limb or bodily organ.

(o) "Torment" means to worry or tease an animal to such an extent that stress or abnormal behavioral patterns are evident in the animal.

(p) "Torture" means an action taken for the primary purpose of inflicting pain.

(q) "Wild animal" means any mammal that is not domesticated. "Wild animal" includes, but is not limited to, deer, raccoons, skunks, groundhogs, and other wild game and mammals.

(Ord. 2019-3. Passed 2-11-19.)

618.01 ANIMAL CONTROL OFFICER.

(a) Appointment. An animal control officer shall be employed, contracted, or appointed by the Mayor. The selection shall be based on interest in animal care and control and knowledge of same.

(b) Employment Standards. The minimum employment standards relative to the recruitment, selection, and appointment of animal care and control officers are as follows:

(1) The animal control officer shall have appropriate educational, mental and moral fitness.

(2) A minimum course of study of not less than 40 instructional hours including, but not limited to, enforcement, animal husbandry, euthanasia, and any other topics deemed necessary for the effective care and control of animals.

(3) The animal control officer shall have completed Ohio Humane Agent's Training within one year of appointment.

(1) To enforce the provisions of this chapter; to file in his or her official capacity, such complaints in any court of competent jurisdiction as may be necessary and proper to secure such enforcement: and to institute and otherwise participate in such other action and proceedings before any court, officer or other public body of competent jurisdiction as may be instrumental in enforcing the provisions of this chapter.

(2) To impound any animal found within the City violating any provisions or prohibitions of this chapter, or which are victims of any such violations.

(3) To dispose of such animals in the manner provided by ordinance or by general law.

(4) To receive and investigate complaints of alleged violations of the prohibitions of this chapter.

(5) The animal control officer shall be provided with a badge designating his or her office, and such other uniform, vehicles and equipment necessary to carry out his or her duties; however, any vehicle used for picking up and impounding animals, livestock or poultry shall be clearly marked on both sides with the following: "Animal Control".

(6) In the exercise of his or her duties, the animal control officer is hereby authorized to issue, on a form provided by the City, a citation to any person found by him or her to be in violation of this chapter.

(7) The animal control officer is encouraged to attend classes, seminars, or instructional courses related to the animal profession each year to ensure continuing education and awareness of current animal issues relative to the position.

(8) The animal control officer shall have specified public hours during the normal business week. The Director of Public Safety shall make certain there is an animal control officer, Police Officer, or other proper authority, available on-call 24-hours a day for enforcement of this chapter.

(9) The animal control officer has a duty to educate the public, including, but not limited to, pet sterilization, licensing, wildlife, guardianship, and any other animal laws or issues affecting the animal population.

(10) The animal control officer has a duty, during the course of performing his or her duties, to report any cases of suspected child abuse or suspected domestic violence.

(11) Enforcement of this chapter is not limited to the animal control officer. Police officers, humane agents, or any other entity with the proper authority can enforce the provisions of this chapter and applicable state laws.

(12) Upon conviction of any of the offenses set forth in this chapter, the animal control officer shall recommend to the court, when applicable, that the offender be subject to community service, evaluation and treatment, forfeiture of all legal interest in the animal, reimbursement of costs, restrictions on future possession of any animal, and restitution.

(13) The animal control officer shall be subject to the same care and humane standards as set forth in this chapter.

(14) The animal control officer will be under the direction of the Director of Public Safety.

(15) The animal control officer shall maintain written records of the citations written under this chapter, animal care and control calls for service, the total number of dogs and cats under six months of age, the total number of dogs and cats six months of age or older, and any other domestic animal received, returned to owners, adopted to new owners, sold, or transferred with or without remuneration to any person, the number of adopted dogs and cats that were altered, the number of dogs and cats that were not altered, and the number of dogs, cats, and other domestic animals euthanized. This report shall be available monthly, and the animal control officer shall provide a copy of the annual statistics to the Mayor and City Council, by January 31 of the year following the year for which the statistics were compiled.

(16) Sufficient funds shall be appropriated in each annual budget of the City for personnel, a badge and uniform, vehicles and any other equipment necessary to carry out the duties of the animal control officer. Sufficient funds shall also be appropriated, when available, for education of the animal control officer(s) and the public.

(Ord. 2019-3. Passed 2-11-19.)

618.02 ANIMAL ABANDONMENT.

(a) A person commits the crime of animal abandonment if the person intentionally, purposely, knowingly, recklessly or with criminal negligence leaves a domestic animal at a location permanently or temporarily without providing for the animal's continued care. As used in this section, "temporarily" means leaving an animal at a location, other than the owner's home or residence, for longer than 30 minutes without providing for the animal's continued care.

(b) Animal abandonment is a misdemeanor of the first degree.

(Ord. 2019-3. Passed 2-11-19.)

618.03 ANIMAL CARE STANDARDS; ANIMAL NEGLECT.

(a) A person commits the crime of animal neglect in the second degree if, except as otherwise authorized by law, the person intentionally, purposely, knowingly, recklessly or with criminal negligence fails to provide minimum care for an animal in the person's possession.

(b) Animal neglect in the second degree is a misdemeanor of the second degree.

(d) A person commits the crime of animal neglect in the first degree if, except as otherwise authorized by law, the person intentionally, purposely, knowingly, recklessly or with criminal negligence fails to provide minimum care for an animal in the person's possession; and the failure to provide care results in serious physical injury to the animal; or fails to provide minimum care for an animal in the person's possession; and the failure to provide care results in the death of the animal.

(e) Animal neglect in the first degree is a misdemeanor of the first degree.

(f) Each act or omission in violation of division (d) of this section shall constitute a separate offense.

(g) In addition to providing minimum care for an animal, a person in possession of an animal shall provide:

(1) Proper food. All domestic shall be provided with wholesome and appropriate food, which is free from contamination, of adequate nutritive value and in sufficient quantity to maintain good health. All food receptacles shall be kept clean and sanitary. Outdoor receptacles used to store food shall be kept securely covered. The owner or custodian shall ensure that each animal receives sufficient food.

(2) Proper drink. All animals shall have available clean, drinkable water (except fish). Animals which are being transported shall be provided water as often as necessary for their health and comfort. All water receptacles shall be kept clean and sanitary, be of appropriate design and size for the animal and be positioned or affixed to prevent spillage.

(3) Proper space.

A. Animals shall be able to stand to their full height, stretch out, turn around and lie down in areas which are sanitary and which allow for a free flow of fresh air (except fish).

B. Animals shall be allowed to exercise and have freedom of movement as necessary to reduce stress and maintain good physical condition. Said space shall be kept free of standing water, mud, accumulated waste and debris (except fish).

C. Dogs and cats shall not be caged, except for transport, temporary confinement or as prescribed by a veterinarian. Dogs and cats kept in cages for the aforementioned reasons shall be removed and exercised as to maintain proper health. Cats shall be provided with litter pans and litter material which shall be changed as necessary to prevent odor and accumulation of urine and fecal matter.

D. Small caged mammals and rodents, such as guinea pigs, rabbits, and hamsters shall be maintained in cages that are of a size sufficient to permit burrowing, hiding or nesting, and which allow necessary space for the animal to exercise.

E. 1. Dogs continuously maintained on a restrictive chain, rope, or other kind of tether shall be deemed to be improperly confined. However, tethering may be acceptable in certain cases where adequate daily socialization and exercise off the tether have been afforded and verified. If a dog is confined on a tether, excepting periods of time that are brief and incidental, the tether shall be at least 20 feet in length and positioned to prevent tangling and hanging.

2. The tether must be of proper weight for the dog's size to allow for the provisions set forth in division (g)(3)E. of this section. Logging chains are prohibited for any dog. The tethered dog shall wear a properly fitted harness or buckle-type collar and be released from the tether at least twice daily for adequate exercise. A choker-chain on the neck of a tethered dog is prohibited. No other animal shall be tethered unless under the supervision of a custodian capable of handling the animal. Collars, harnesses, halters and the like shall be properly fitted to prevent discomfort or injury.

(4) Proper light. Domestic animals shall have adequate light each day, except if in hibernation or pursuant to veterinarian advice. Animals shall not be subjected to excessive amounts of illumination which result in conditions detrimental to the health of the animals.

(5) Proper shelter.

A. Indoor facilities shall be adequately ventilated by natural or mechanical means to prevent extreme temperatures, provide fresh air and minimize drafts, odors and moisture condensation (excluding fish).

B. Domestic animals kept outdoors shall have access to shelter that provides protection from inclement weather conditions and which shall be appropriately constructed given the species of the domestic animal, its age and its physical condition.

C. Domestic animals shall have access to shade from the sun during hot weather (excludes fish).

D. Proper outdoor shelter for a dog shall be made of durable material with a solid, moisture-proof floor. The floor shall be solid, level and raised at least two inches from the ground with adequate bedding to protect against cold and dampness. A bedding of straw or similar matter, that remains dry, must be utilized. The structure shall have a roof, enclosed sides, and a doorway. The shelter shall also be a structurally sound, weatherproof enclosure that is moisture-resistant and wind-resistant, of suitable size to accommodate movement and simultaneously facilitate the preservation of body heat of the animal. The entrance shall be covered with a flexible windproof plastic, a self-closing door, or have a baffle. A garage, shed or other structure, not designated and built specifically for an animal, shall not be considered suitable housing. Food of sufficient quantity and quality to allow the normal maintenance of the animal's body must be provided. Water must be open or adequate access to potable water of a drinkable temperature in sufficient quantity to satisfy the animal's needs must be provided. The animal control officer or any other agent has discretion to warn the owner, and to provide the opportunity to remedy the violation within 24 hours.

(6) Necessary veterinary care. Owners or caretakers of animals which exhibit signs of disease or severe parasitic infestation, infection, orificial discharge, loss of appetite, weight loss, abnormal skin conditions or hair loss, tremors, temperature fluctuation, inability to bear weight on a limb, lameness or any other such sign of illness or injury, shall provide veterinary care.

(h) Whoever violates division (g) of this section is guilty of neglect of animals, which is a misdemeanor in the second degree.

(i) Each act in violation of division (g) of this section shall constitute a separate offense.

(Ord. 2019-3. Passed 2-11-19; Ord. 2020-25. Passed 11-9-20.)

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