(a) As used in this section:
(1) “Companion animal” means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept, including a pet store as defined in Ohio R.C. 956.01. “Companion animal” does not include livestock or any wild animal.
(2) “Cruelty”, “torment” and “torture” have the same meanings as in Ohio R.C. 1717.01.
(3) “Dog kennel” means an animal rescue for dogs that is registered under Ohio R.C. 956.06, a boarding kennel or a training kennel.
(4) “Practice of veterinary medicine” has the same meaning as in Ohio R.C. 4741.01.
(5) “Residential dwelling” means a structure or shelter or the portion of a structure or shelter that is used by one or more humans for the purpose of a habitation.
(6) “Serious physical harm” shall have the same meaning as Ohio R.C. 951.131.
(7) “Tether” means a rope, chain, cord, dog run or pulley, or similar restraint for holding an animal in place that allows a radius in which the animal can move about.
(8) “Unattended companion animal” shall be considered an “unattended companion animal” when no owner or harborer is present and awake on the premises where the companion animal is present.
(9) “Wild animal” has the same meaning as in Ohio R.C. 1531.01.
(b) No person shall knowingly torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against a companion animal.
(c) No person who confines or who is the custodian or caretaker of a companion animal shall negligently do any of the following:
(1) Fail to provide food and drink which is clean, or sufficient quantity and appropriately available to the animal when unattended.
(2) Fail to provide shelter from the elements including heat, cold, wind, rain, snow, or excessive direct sunlight. If the companion animal is housed outside, a structure for shelter and protection must be provided that is suitable for the species, age, conditions, size, and type of that animal. The structure must be enclosed and insulated, having a single entrance/exit. The structure shall be moisture-resistant, wind-resistant, and of suitable size and type to allow the companion animal to stand, turn about freely, and lie in a normal position. The structure shall be made of a durable material with a solid, moisture-proof floor raised at least two inches from the ground. Suitable drainage shall be provided so the animal has access to a dry area at all times. The shelter, cage, or pen shall be regularly cleaned and sanitized and free of insect or rodent infestation.
(3) Fail to obtain reasonably necessary veterinary care for the companion animal, including, but not limited to, immunizations against parvovirus, leukemia (for cats/felines only), rabies and protection from fleas and ticks as applicable to the companion animal in question.
(d) Tethers of companion animals must be of a sufficient length to allow reasonable freedom of movement, without allowing the animal to leave the harborer's property and the area of restraint must be free of entangling objects. Tethers must be of suitable size and secured to the animal in such a manner that the animal will not be injured or choked. Strict liability is intended for enforcement of this section.
(e) Subsections (b), (c) and (d) of this section do not apply to any of the following:
(1) A companion animal used in scientific research conducted by an institution in accordance with the federal animal welfare act and related regulations;
(2) The lawful practice of veterinary medicine by a person who has been issued a license, temporary permit, or registration certificate to do so under Ohio R.C. Chapter 4741;
(3) Dogs being used or intended for use for hunting or field trial purposes, provided that the dogs are being treated in accordance with usual and commonly accepted practices for the care of hunting dogs;
(4) The use of common training devices, if the companion animal is being treated in accordance with usual and commonly accepted practices for the training of animals;
(5) The administering of medicine to a companion animal that was properly prescribed by a person who has been issued a license, temporary permit, or registration certificate under Ohio R.C. Chapter 4741.
(f) Violation of this section is a minor misdemeanor punishable by a fine of up to one hundred fifty dollars ($150.00) on a first offense and a second degree misdemeanor for a second offense within one year. However, if a companion animal experiences serious physical harm as a result of a first of a violation of this section, a first violation of this section is misdemeanor of the first degree.
(Ord. 2018-15. Passed 8-1-18.)
Statutory reference:
Similar state provisions, see Ohio R.C. 959.131