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(a) No person shall trap, hunt, shoot or attempt to shoot or molest in any manner any bird or wildfowl, or rob bird nests or wildfowl nests, within the city, except as allowed by this chapter.
(1964 Code, § 523.03)
(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(1964 Code, § 523.99)
(a) No person shall keep or harbor any animal or fowl in the municipality so as to create noxious or offensive odors or unsanitary conditions which are a menace to the health, comfort or safety of the public.
(b) No owner shall allow his or her dog, cat or other domestic animal to become a public nuisance. Excessive barking, whining or howling, molesting passersby, chasing vehicles, attacking other domestic animals and damaging property shall be considered nuisances under this section.
(c) Any animal that scratches, digs, urinates or defecates upon any lawn, tree, shrub, plat, building or other public or private property, other than the property of the owner or person in charge or control of such animal, is hereby declared to be a public nuisance. Where the owner or person in charge or control of such animal immediately removes all feces deposited by such animal and disposes of the same in a sanitary manner, such nuisance shall be considered abated.
(d) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor.
(1964 Code, § 503.13)
(a) The owner of a dog or cat shall keep his or her dog or cat under restraint at all times and shall not permit such dog or cat to be at large off the premises or property of such owner, unless under the control of a competent person.
(b) The owner of a dog shall keep his or her dog on leash under the control of a competent person at all times that the dog is off the premises of the property owner and not confined in a cage or motor vehicle.
(c) No person, being the owner or keeper of dogs, cats, horses, mules, cattle, sheep, geese, swine, goats, ducks, turkeys, chickens or other fowl or animals, shall permit them to run at large upon any public place, or upon any unenclosed lands other than those owned or lawfully occupied by the owner or keeper of such fowl or animals.
(d) The running at large of any such fowl or animal in or upon any of the places mentioned in this section is prima-facie evidence that it is running at large in violation of this section.
(e) The provisions of this section shall not apply to law enforcement officers or the Animal Warden acting in the course and scope of their employment.
(f) Whoever violates this section is guilty of a minor misdemeanor.
(1964 Code, §§ 503.14, 503.99) (Ord. 1993-90, passed 9-20-1993; Ord. 1994-187, passed 5-15-1995)
(a) The owner shall confine within a building or secure enclosure every fierce, dangerous or vicious dog and shall not take such dog out of such building or secure enclosure unless such dog is securely muzzled.
(b) Every female dog in heat shall be kept confined in a building or secure enclosure, or in a veterinary hospital or boarding kennel, in such manner that such female dog cannot come in contact with another dog, except for intentional breeding purposes.
(c) Any animal described in divisions (a) and (b) of this section that is found at large shall be impounded by the Animal Warden and shall not be redeemed by the owner unless such redemption is authorized by a court having jurisdiction.
(d) The owner shall confine within a building any dog that barks or howls in a way to disturb the peace or annoy the adjoining neighbors, and if such confinement does not remedy the annoyance, the owner, upon being notified by the Animal Warden, shall remove such dog from the city.
(e) No dog, cat or other animal that is impounded for being a public nuisance shall be redeemed unless such redemption is authorized by a court having jurisdiction.
(1964 Code, § 503.08)
(f) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor.
(1964 Code, § 503.99)
(a) (1) As used in this section,
DANGEROUS DOG means and includes:
A. Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or domesticated animals;
B. Any dog which attacks a human being or domesticated animal without provocation; or
C. Any dog owned or harbored primarily or in part for the purpose of dog fighting or any dog trained for dog fighting.
(2) No dog shall be deemed dangerous if it harms or menaces anyone who has tormented or abused it.
(b) No person owning, harboring or having the care or custody of a dangerous dog shall suffer or permit such dog to go unconfined on the premises of such person. A dangerous dog is unconfined, as the term is used in this section, if such dog is not securely confined indoors or confined in a securely enclosed and locked pen or dog run area upon the premises of such person. Such pen or dog run area must also have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, or if the dog is a type which burrows, the sides must be imbedded into the ground not less than one foot. Such pen or dog run area must be not closer than six feet from any property line.
(c) No person owning, harboring or having the care or custody of a dangerous dog shall suffer or permit such dog to go beyond the premises of such person, unless such dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length, and a double collar and double latch. Such dog shall be accompanied by an adult.
(d) No person shall own or harbor any dog for the purpose of fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging such dog to unprovoked attacks upon human beings or domesticated animals.
(e) No person shall possess with intent to sell, offer for sale, breed, buy or attempt to buy, within the city, any dangerous dog.
(Ord. 1987-108, passed 6-15-1987)
(f) Penalties under this section shall be as follows.
(1) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the second degree for a first offense and shall be fined not less than $100 and not more than $750 or imprisoned not more than 90 days, or both. The minimum fine provided for in this division (f) shall be mandatory and shall not be suspended or remitted unless the court finds that the defendant is indigent.
(2) For a second offense, whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree and shall be fined not less than $200 and not more than $1,000 or imprisoned not more than six months, or both. The minimum fine provided for in this division (f)(2) shall not be suspended or remitted unless the court finds that the defendant is indigent.
(3) In addition to the penalties set forth in divisions (f)(l) and (f)(2) of this section, any dangerous dog which attacks a human being or domesticated animal may be ordered destroyed when, in the court’s judgment, such dangerous dog represents a continuing threat of harm to human beings or domesticated animals. The Animal Warden shall be authorized by the court to deliver such dog to a doctor of veterinary medicine or the Animal Protective League for the purpose of humanely euthanizing such dog.
(1964 Code, § 503.081(f))
(a) Generally.
(1) Any dog or cat found running at large shall be taken up by the Animal Warden and impounded in a shelter designated as the city animal shelter, and there confined in a humane manner. Thereafter, such dog or cat may be disposed of in a humane manner if not claimed by its owner. Any dog or cat not claimed by its owner after the expiration of three days may be disposed of at the discretion of the Animal Warden, except as hereinafter provided in this chapter.
(2) The Animal Warden may transfer title of all animals so held to the Animal Protective League or the Dog Kennel of Cuyahoga County after the legal detention period has expired and the animal has not been claimed by its owner.
(3) When licensed dogs are found running at large, such dogs need not be impounded, but the owners of such dogs shall be subject to citation for a violation of this chapter.
(4) Immediately upon impounding dogs or other animals, the Animal Warden shall make every reasonable effort to notify the owners of such dogs, or other animals so impounded, and inform such owners of the conditions whereby they may regain custody of such animals.
(5) Animals other than dogs and cats may be impounded when found running at large within the city and may be disposed of in accordance with this chapter.
(1964 Code, § 503.04)
(b) Redemption.
(1) The owner of an impounded animal shall be entitled to resume possession of such impounded animal, except as hereinafter provided, upon payment of the impoundment fees set forth herein. Proof of ownership must be given and may include a license receipt, affidavits of neighbors, a photograph or other suitable evidence.
(2) Any other animal impounded under the provisions of this chapter may be reclaimed by the owner upon the payment of impoundment fees as provided in division (c) of this section.
(1964 Code, § 503.05)
(c) Fees. Any animal impounded hereunder may be reclaimed as herein provided upon payment by the owner to the Animal Warden of the sum of $20 for the first day and $20 for each day thereafter.
(1964 Code, § 503.06)
(a) No person shall set, use or maintain a leg-hold trap on land or water, for the purpose of taking a wild animal.
(b) The prohibitions contained in division (a) hereof shall not apply to the Animal Warden or persons working under the direction and control of the Animal Warden.
(c) Whoever violates this section is guilty of a misdemeanor of the first degree.
(1964 Code, § 503.19)
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