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(a) As used in this section:
(1) "Animal" shall mean any member of any species of the animal kingdom.
(2) "Animal sacrifice" shall mean the intentional killing or maiming of any animal in a ritual, which killing or maiming is committed not in accordance with state and federal humane slaughter laws and which is not primarily for consumption as food.
(3) "Ritual slaughter" shall mean the preparation and killing of any animal for consumption as food in compliance with the State Kosher Food Law, or any other applicable kosher slaughter statute.
(4) "Slaughter" shall mean the killing of any animal by any person, group, firm or corporation for consumption as food in accordance with state and federal humane slaughter laws.
(b) It shall be unlawful for any person, group, firm or corporation to engage in animal sacrifice.
(c) It shall be unlawful for any person, group, firm or corporation to knowingly sell, give, transfer, or offer to sell, give, transfer or otherwise provide any animal to another person for sacrifice.
(d) Nothing in this section shall be construed to prohibit any person, firm or corporation from lawfully operating under the laws of this state and engaging in the slaughter or ritual slaughter of livestock animals.
(e) No person shall slaughter any animal, for any purpose whatsoever in a residential district, except for pet cemeteries.
(f) No person shall bury or pulverize any animal carcass, flesh, viscera, offal or any portion of any animal, with the exception of commercial fertilizer and domestic animals, in any residential district.
(g) Whoever violates division (b) of this section is guilty of a misdemeanor of the first degree.
(h) No person shall permit any dead domestic animal to remain undisposed of which he or she is in charge or in control.
(i) Whoever violates division (c) or (d) of this section is guilty of a misdemeanor of the first degree.
(j) No person other than a duly authorized agent of the animal control shelter may destroy any domestic animal within the City limits; provided, however, this provision shall not apply to the following:
(1) A veterinarian or other authorized agent who is acting in an official capacity and abiding by the "Euthanasia Procedure"; or
(2) Those persons who show they were acting in immediate self-protection or in defense of others.
(k) Whoever violates division (i) of this section is guilty of a misdemeanor of the first degree.
(Ord. 2019-3. Passed 2-11-19.)
(a) As used in this section:
(1) A. "Dangerous dog" means a dog that, without provocation, and subject to division (a)(1)B. of this section, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper or harborer or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fence yard other locked enclosure which has a top.
B. "Dangerous dog" does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(2) "Menacing fashion" means a dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) "Police dog" means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.
(4) A. "Vicious dog" means a dog that, without provocation and subject to division (a)(4)B. of this section, meets any of the following:
1. Has killed or caused serious injury to any persons;
2. Has caused injury, other than killing or serious injury to any person, or has killed another dog;
B. "Vicious dog" does not include either of the following:
1. A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or serious injury, to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;
2. A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.
(5) "Without provocation" means that a dog was not teased, tormented or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal criminal activity and who was not using the dog as a means of carrying out such activity.
(b) Except when a dangerous or vicious dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, or handler of the dog, no owner, keeper, or harborer of a dangerous or vicious dog shall fail to do either of the following:
(1) While that dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a building, in a locked pen that has a top, locked fenced yard or other locked enclosure that has a top, except that a dangerous dog may, in the alternative, be tied with a leash or a tether so that the dog is adequately restrained;
(2) While that dog is off the premises of the owner, keeper or harborer, keep that dog in an enclosed vehicle controlled by a person of suitable age and discretion or on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:
A. Keep that dog in a locked pen that has a top, locked fence yard or other locked enclosure that has a top;
B. Have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie or affix the leash or tether to the ground or stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury lo any person;
C. Muzzle the dog.
(c) No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than $100,000 because of damage or bodily injury to or death of a person caused by the vicious dog.
(d) If a violation of division (b) of this section involves a dangerous dog, whoever violates that division is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense. Additionally, the court may order the offender to personally supervise the dangerous dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both, and the court may, in the alternative, order the dangerous dog to be humanely destroyed by a licensed veterinarian, the animal control officer or the humane society.
(e) If a violation of division (b) of this section involves a vicious dog, whoever violates that division is guilty of one of the following:
(1) A misdemeanor of the first degree on a first offense. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the Dog Warden, or the humane agency.
(2) A misdemeanor of the first degree if the dog causes injury other than killing or serious injury, to any person.
(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 maliciously or willfully tease or strike dogs used by the Police Department.
(b) A person commits the offense of teasing or striking dogs used by the Police Department if he willfully and maliciously taunts, torments, teases, beats or strikes any dog used by the Police Department, in the performance of the functions or duties of such Department, or interferes with or meddles with any such dog used by such Department or any member thereof in the performance of the functions or duties of such Department or of such officer or member.
(c) Whoever violates this section is guilty of a misdemeanor of the third degree.
(Ord. 2019-3. Passed 2-11-19.)
(a) No person shall maliciously or willfully without the consent of the owner injure or kill dogs used by the Police Department.
(b) A person commits the offense of injuring or killing a dog used by the Police Department if he willfully or maliciously tortures, mutilates, injures, or kills any dog used by the Police Department in the performance of the functions or duties of such Department.
(c) Whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 2019-3. Passed 2-11-19.)
(a) Declaration of Nuisance. The common pigeon is hereby declared to be a menace to the public health and welfare and a source of damage to persons and property, and shall, therefore, be considered a public nuisance to be disposed of at the discretion of the Director of Public Safety, or their designee.
(b) Compliance Required. No person shall harbor or keep any live pigeon within the City. Notwithstanding this prohibition, any person harboring or keeping fancy, utility, high-flying and/or racing domestic breeds of pigeons on the effective date of this section (Ordinance 1987-10, passed February 23, 1987) shall be permitted to harbor or keep such pigeons, but only if such person complies with this section.
(c) License Required. No person shall harbor or keep any live domestic breed of pigeon within the City without first obtaining a license therefor from the Director of Public Safety, or their designee. Such license, when issued in the manner hereinafter provided, shall entitle the holder thereof to keep not more than one pair of domestic pigeons per 2.25 square feet of loft space under the terms and conditions set forth in this section.
(d) License Application. The Director shall prescribe the form of application, which shall include the name of the applicant, the name of the person to be custodian of the pigeons, the location and type of structure wherein the pigeons are to be kept and any other pertinent information which may be necessary for the enforcement of this section.
(e) License Renewals. The Director shall issue a pigeon license for a period of one year. Such license may be renewed annually upon payment of the fee set forth in division (f) of this section. However, a new license shall not be issued as a matter of right to a person whose license has been revoked until he or she has complied with this section and has given the Director satisfactory assurance of future compliance.
(f) License Fee. The fee for a domestic pigeon license shall be $20.00 per year, per loft of pigeons. The number of pigeons shall not exceed one pair per 2.25 square feet of loft space.
(g) Care of Pigeons. No breeder shall permit lofts to become dirty and/or smelly or allow birds to wander uncontrolled about the neighborhood.
(h) Revocation of License.
(1) If any licensee, personally, or any agent or custodian of his or her pigeons, violates any provision of this section, the Director may revoke the license in addition to any fines and forfeitures that may be imposed by any court upon such person for a violation of this section.
(2) The Director may also revoke any license for any period less than the full one-year period. However, no such license shall be revoked unless the licensee first has a hearing before the Director, at which time any complaint respecting the alleged violation shall be presented. The licensee shall be given at least ten days' notice, in writing, of the time and place of such hearing.
(i) Appeals. Any person aggrieved by any order of revocation by the Director may, within 20 days from the issuance of the order of revocation, appeal to the Board of Zoning Appeals. All interested parties shall be notified of the time and place of the hearing at least 48 hours before the time set therefor.
(j) Maintenance of Homing Pigeons. No person shall harbor or maintain any homing pigeon except under the following conditions:
(1) No loft, coop or other place for keeping or confining homing pigeons shall be maintained, operated or permitted to exist within a distance of 25 feet from any building used as a residence, garage, playhouse, permanent swimming pool or patio.
(2) No loft, coop or other place for keeping or confining homing pigeons shall be more than 15 feet above the established grade of the premises upon which it is located.
(3) No loft, coop or other place for keeping or confining homing pigeons shall be located in any structure not constructed in accordance with the Zoning and Building Codes of the City.
(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 as required in division (j)(6) of this section.
(6) All grain and food stored for the use of such pigeons shall be kept in rat- proof metal 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. 1. Such person must be a member in good standing of an organized racing homer club, which club has a body of rules that will preserve the peace and tranquility of the neighborhood, such as a local club in the Cleveland center, under American Union (A.U.) or a comparable organization.
2. Birds will not be released or exercised which have been fed that day and not more than 20 birds in one day shall be flown. Young birds in numbers greater than 20 may be flown, provided they do not fly outside the boundaries of the owner's yard.
B. 1. Such person must be a member in good standing of an organized highflying club, which club has a body of rules that will preserve the peace and tranquility of the neighborhood, such as a club organized under the National Pigeon Association (N.P.A.) or a comparable organization.
2. Birds will not be released or exercised which have been fed that day, and not more than 20 birds in one day shall be flown. Young birds in numbers greater than 20 may be flown, provided they do not fly outside the boundaries of the owner's yard.
C. The owner or agent will not permit his or her birds to land, set, light or gather on the property of another, be it public or private property.
D. The owner or agent will band all his or her flying birds with a brightly colored plastic or metal band. All birds flown together will have the same color band.
E. The owner or agent will maintain a log book on the birds, which log book shall contain the following information:
1. Pigeon band number;
2. Pigeon plastic band color;
3. Time out or released;
4. Time bird returned; and
5. Type of domestic pigeon.
F. Utility and fancy pigeons shall not be released for exercise outside the loft unless they also comply with the rules for racing and/or high-flying domestic pigeons set forth in this division.
(9) While a 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 pigeon.
(k) Shooting and Trapping Homing Pigeons. No person, not being the owner thereof, shall shoot, kill, maim or entrap a domestic pigeon if it has the name of the owner stamped upon its wing or tail, or has a band with the owner's name or initials or a number on its leg.
(l) Definitions. As used in this section:
(1) "Fancy pigeons" means pigeons that are raised primarily to be shown in competition during pigeon shows and fairs.
(2) "High-flying pigeons" means pigeons that are raised primarily to be flown in highflying competition.
(3) "Racing pigeons" means pigeons that are raised primarily to be flown in long distance flying competition (in organized club competition).
(4) "Utility pigeons" means pigeons that are raised primarily for food.
(m) Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the third degree.
(Ord. 2019-3. Passed 2-11-19; Ord. 2024-12. Passed 3-25-24.)
(a) When either a blind, deaf or hearing impaired, or mobility impaired person, or a trainer of an assistance dog is accompanied by an assistance dog, the person or the trainer, as applicable, 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, 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 an assistance 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 hearing impaired, or mobility impaired person, or a trainer of an assistance dog who is accompanied by an assistance dog of any of the advantages, facilities, or privileges provided in division (a) of this section, nor charge the person or trainer a fee or charge for the dog.
(c) As used in this section:
(1) "Assistance dog" means a guide dog, hearing dog, or service dog that has been trained by a nonprofit special agency.
(2) "Blind" means either of the following:
A. Vision 20/200 or less in the better eye with proper correction;
B. Field defect in the better eye with proper correction that contracts the peripheral field so that the diameter of the visual field subtends an angle no greater than 20 degrees.
(3) "Guide dog" means a dog that has been trained or is in training to assist a blind person.
(4) "Hearing dog" means a dog that has been trained or is in training to assist a deaf or hearing-impaired person.
(5) "Institutions of education" means:
A. Any state university or college as defined in R.C. § 3345.32;
B. Any private college or university that holds a certificate of authorization issued by the Ohio Board of Regents pursuant to R.C. Chapter 1713;
C. Any elementary or secondary school operated by a board of education;
D. Any chartered or nonchartered nonpublic elementary or secondary school; or
E. Any school issued a certificate of registration by the State Board of Career Colleges and Schools.
(6) "Mobility impaired person" means any person, regardless of age, who is subject to a physiological defect or deficiency regardless of its cause, nature, or extent that renders the person unable to move about without the aid of crutches, a wheelchair, or any other form of support, or that limits the person's functional ability to ambulate, climb, descend, sit, rise, or perform any related function. "Mobility impaired person" includes a person with a neurological or psychological disability that limits the person's functional ability to ambulate, climb, descend, sit, rise, or perform any related function, and also includes a person with a seizure disorder and a person who is diagnosed with autism.
(7) "Service dog" means a dog that has been trained or is in training to assist a mobility impaired person.
(d) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(Ord. 2019-3. Passed 2-11-19.)
(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 ten 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 ten 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 Director of Public Safety, the Director’s designee, or an Animal Control Officer 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. 2019-3. Passed 2-11-19; Ord. 2024-19. Passed 4-8-24.)
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