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(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.
(c) Each act or omission in violation of division (a) of this section shall constitute a separate offense.
(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.)
(a) A person commits the crime of animal abuse if, except as otherwise authorized by law, the person intentionally, purposely, knowingly, recklessly or with criminal negligence causes physical injury to an animal, causes physical trauma to an animal, causes serious physical injury to an animal, causes the death of the animal, tortures an animal, kills an animal under circumstances demonstrating malice aforethought, administers poison to an animal, or places any poisonous or hazardous food, drink or other substance where it may be easily found and ingested by an animal, either upon his own lands or the lands of another.
(b) Animal abuse is a misdemeanor of the first degree.
(c) Each act in violation of division (a) of this section shall constitute a separate offense.
(d) No animal shall be subject to unnecessary suffering or cruelty. Unnecessary suffering or cruelty may be defined, but is not limited to, failing to provide an animal with minimum care, sexual molestation of an animal for sexual gratification, surgically debarking an animal, or coloring rabbits or poultry.
(e) No animal may be induced or encouraged to perform any behavior through the use of chemical, mechanical, electrical, or manual devices in a manner which will cause or is likely to cause physical injury or suffering.
(f) Whoever is found guilty of causing an animal unnecessary suffering or cruelty is guilty of a misdemeanor of the first degree.
(g) Each act in violation of division (d) of this section shall constitute a separate offense.
(Ord. 2019-3. Passed 2-11-19; Ord. 2020-25. Passed 11-9-20.)
(a) It shall be unlawful to transport a dog in a motor vehicle upon any street within the City unless the dog is fully enclosed within the motor vehicle so as to prevent the dog from falling, jumping or being thrown from the motor vehicle. A dog cannot be transported in the back of a pick-up truck unless safely secured.
(b) No person shall, while operating a motor vehicle, knowingly injure a domestic animal or a deer and not report the injured animal to the Police Department or animal control officer.
(c) No dog or other domestic animal shall be left completely enclosed in a parked vehicle without adequate ventilation, or in such a way as to subject the animal to extreme temperatures which may adversely affect the animal's health and welfare. It shall be prima facie evidence of an extreme temperature if the outdoor temperature is at least 75 degrees Fahrenheit at the time of the offense.
(d) If reasonable attempts to locate the vehicle owner fail, any law enforcement officer or animal control officer may take action necessary to rescue the confined animal if conditions are hazardous to the health of the animal. The owner, keeper, or person in charge of the animal will be liable for all reasonable and necessary impoundment, boarding and medical fees. No officer or agent taking action under this section shall be liable for damages necessary to rescue the confined animal.
(e) Whoever violates division (a) or (b) of this section is guilty of a misdemeanor of the fourth degree. If the offender has been previously convicted of violating that division or a concomitant law, any subsequent violation is a misdemeanor of the third degree.
(f) Whoever violates division (c) of this section is guilty of a misdemeanor of the first degree.
(Ord. 2019-3. Passed 2-11-19.)
(a) No person shall intentionally, purposely, knowingly, recklessly, or with criminal negligence use an animal in the furtherance of criminal activities. The furtherance of criminal activity includes, but is not limited to: animal lighting, gambling, protection, gang activity, or using an animal as a weapon or threat.
(b) Whoever violates this section is guilty of a misdemeanor of the first degree.
(c) Each act in violation of division (a) of this section shall constitute a separate offense.
(Ord. 2019-3. Passed 2-11-19.)
(a) No person shall cause, sponsor, arrange, hold, or encourage any animal to fight, menace or injure another animal for the purpose of sport, amusement, or pecuniary gain.
(b) For the purposes of this section, a person encourages an animal to fight, menace or injure another animal for the purpose of sport, amusement, or pecuniary gain, if the person:
(1) Is knowingly present at or wagers on such an occurrence of fighting, menacing or injuring for the purpose of sport, amusement, or pecuniary gain;
(2) Owns, trains, transports, possesses, breeds, or equips an animal with the intent that such animal will be engaged in such an occurrence of fighting, menacing or injuring for the purpose of sport, amusement, or pecuniary gain;
(3) Knowingly allows any such an occurrence of fighting, menacing or injuring for the purpose of sport, amusement, or pecuniary gain to occur on any property owned or controlled by the person;
(4) Knowingly allows any animal used for such an occurrence of fighting, menacing or injuring for the purpose of sport, amusement, or pecuniary gain to be kept, boarded, housed, or trained on, or transported in, any properly owned and controlled by the person;
(5) Knowingly uses any means of communication for the purpose of promoting such an occurrence of fighting, menacing or injuring for the purpose of sport, amusement, or pecuniary gain; or
(6) Knowingly possesses any animal used for fighting, menacing, or injuring for the purpose of sport, amusement, or pecuniary gain; or any device intended to enhance the animal's fighting, menacing or injuring ability for the purpose of sport, amusement, or pecuniary gain.
(c) Each act or omission in violation of division (a) of this section shall constitute a separate offense.
(d) Animal fighting is a misdemeanor of the first degree.
(e) This section does not regulate fighting between dogs as prohibited under the R.C. Chapter 959.
(Ord. 2019-3. Passed 2-11-19.)
(a) Ownership of live livestock, poultry, wild animals, or exotic animals is prohibited within the municipality. Ownership of bees and pigeons is permitted, but only subject to regulations promulgated by the Director of Public Safety for the keeping of those animals, which regulations no person shall violate.
(b) Whoever violates division (a) of this section is guilty of a misdemeanor of the third degree.
(c) Division (a) of this section does not apply to any of the following: any licensed animal shelter, zoo, circus, menagerie, humane agency, a licensed veterinary hospital or clinic, a licensed or accredited research or medical facility, a licensed or accredited educational institution, including museums, a facility licensed as an exhibitor or breeder by the United States Department of Agriculture under the Animal Welfare Act, a person licensed as a wildlife rehabilitator pursuant to Ohio Administrative Code Section 1501:31-25-03, a person temporarily transporting an animal through the City if the transit time is not more than 24 hours and the animal is at all times maintained within a confinement sufficient to prevent escape, or a person who obtains a permit and/or license from the Director of Public Safety, subject to compliance with the agreement and/or regulations set forth by the Director.
(Ord. 2019-3. Passed 2-11-19.)
(a) No owner, keeper or harborer of a dog more than three months of age, shall fail to file an application for registration or pay a registration fee to the County Auditor as required by R.C. § 955.01.
(b) Guide, leader, hearing, or support dogs shall have access to free permanent registration per R.C. § 955.011. Law enforcement canines shall be registered pursuant to R.C. § 955.012.
(c) Division (a) of this section shall not apply to dogs kept by an institution or organization for teaching and research purposes under R.C. § 955.16, nor shall it apply to nonprofit animal shelters that keep or harbor a dog more than three months of age under R.C. § 955.01.
(d) No owner of a dog, except a dog constantly confined to a registered kennel, shall fail to require the dog to wear, at all times, a valid tag issued in connection with a certificate of registration. A dog's failure at any time to wear a valid tag shall be prima-facie evidence of a lack of registration and shall subject that dog to impoundment. The owner will be able to rebut that presumption by proof of registration.
(e) Whoever violates division (a) of this section is guilty of a minor misdemeanor.
(Ord. 2019-3. Passed 2-11-19.)
(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) The owner, keeper or harborer of a domestic animal who permit it to run at large in violation of this section shall, in addition to the penalty provided in division (g) of this section, the owner of the animal will be liable for all damage or destruction to the owner or occupant of the damaged property for the full value of the damage or destruction.
(c) Any land which is enclosed with invisible fencing must have its boundary no less than six feet from public property. (The public is encouraged, but not required to post signs regarding invisible fencing.)
(d) No person who is the owner or in charge of any dog shall permit such dog to be tethered in a front or side yard.
(e) This section shall not apply to persons operating under the guidelines of a program approved by the Director of Public Safety for providing for the trapping, spaying, or neutering, and releasing of cats and dogs with the purpose of reducing the unwanted stray-animal population in the City.
(f) This section shall not apply to a police dog that is being used to assist one or more law enforcement officers in the performance or their official duties or during the police dog's normal course of duty.
(g) Whoever violates any provision of this section is guilty of a minor misdemeanor for a first offense. Whoever violates this section in a second or subsequent offense shall be guilty of a misdemeanor of the fourth degree.
(Ord. 2019-3. Passed 2-11-19; Ord. 2022-23. Passed 8-15-22.)
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