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(a) As used in this section:
(1) “Animal rescue for dogs”, has the same meaning as in Ohio R.C. 956.01.
(2) “Boarding kennel” has the same meaning as in Ohio R.C. 956.01.
(3) “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. The term does not include livestock or any wild animal.
(4) “Cruelty”, “torment” and “torture” have the same meaning as in Ohio R.C. 1717.01.
(5) “Dog kennel” means an animal rescue for dogs, a boarding kennel or a training kennel.
(6) “Federal Animal Welfare Act” means the “Laboratory Animal Act of 1966", Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C. §2131 et seq., as amended by the “Animal Welfare Act of 1970", Pub. L. No. 91-579, 84 Stat. 1560 (1970), the “Animal Welfare Act Amendments of 1976", Pub. L. No. 94-279, 90 Stat. 417 (1976) and the “Food Security Act of 1985", Pub. L. No. 99-198, 99 Stat. 1354 (1985), and as it may be subsequently amended.
(7) “Practice of veterinary medicine” has the same meaning as in Ohio R.C. 4741.01.
(8) “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.
(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) Torture, torment or commit an act or cruelty against the companion animal;
(2) Deprive the companion animal of necessary sustenance, or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation or confinement;
(3) Impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the lack of adequate shelter.
(d) No person who confines or who is the custodian or caretaker of a companion animal shall recklessly deprive the companion animal of necessary sustenance or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water.
(e) No owner, manager or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal shall negligently do any of the following:
(1) Torture, torment, or commit an act of cruelty against the companion animal;
(2) Deprive the companion animal of necessary sustenance, or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation or confinement;
(3) Impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow or excessive direct sunlight if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the lack of adequate shelter.
(f) Subsections (b), (c), (d) and (e) 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.
(g) Notwithstanding any section of the Ohio Revised Code that otherwise provides for the distribution of fine moneys, the Clerk of Court shall forward all fines the Clerk collects that are so imposed for any violation of this section to the Treasurer of the municipality, whose county humane society or law enforcement agency is to be paid the fine money as determined under this section. The Treasurer shall pay the fine moneys to the county humane society or the county, township, municipal corporation, or state law enforcement agency in this state that primarily was responsible for or involved in the investigation and prosecution of the violation. If a county humane society receives any fine moneys under this section, the county humane society shall use the fine moneys either to provide the training that is required for humane society agents under Ohio R.C. 1717.061 or to provide additional training for humane society agents.
(ORC 959.131)
(h) (1) Whoever violates subsection (b) or (d) hereof is guilty of a misdemeanor of the first degree on a first offense. On each subsequent offense such person is guilty of a felony and shall be prosecuted under appropriate State law.
(2) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
(3) Whoever violates subsection (e) hereof is guilty of a misdemeanor of the first degree.
(4) A. A court may order a person who is convicted of or pleads guilty to a violation of this section to forfeit to an impounding agency, as defined in Ohio R.C. 959.132, any or all of the companion animals in that person’s ownership or care. The court also may prohibit or place limitations on the person’s ability to own or care for any companion animals for a specified or indefinite period of time.
B. A court may order a person who is convicted of or pleads guilty to a violation of this section to reimburse an impounding agency for the reasonably necessary costs incurred by the agency for the care of a companion animal that the agency impounded as a result of the investigation or prosecution of the violation, provided that the costs were not otherwise paid under Ohio R.C. 959.132.
(5) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of this section has a mental or emotional disorder that contributed to the violation, the court may impose as a community control sanction or as a condition of probation a requirement that the offender undergo psychological evaluation or counseling. The court shall order the offender to pay the costs of the evaluation or counseling. (ORC 959.99)
(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. A person shall be presumed to be the keeper or harborer of an animal if such person does or permits any of the following:
(1) Knowingly or recklessly feeds such animal food or water;
(2) Knowingly allows and/or encourages any animal to remain upon his or her property more than twenty-four (24) hours.
(b) No person shall provide food for any animal or fowl by setting such food out on any public property, or within a 100 yard radius of any private residence or public right-of-way. This section does not apply to animals owned by that person, or to song birds fed from a stationary bird feeder.
(c) Whoever violates this section is guilty of a minor misdemeanor for the first offense, a fourth degree misdemeanor for the second offense, a third degree misdemeanor for the third offense and a second degree misdemeanor for the fourth or subsequent offense.
(Ord. 43-2014. Passed 7-21-14.)
(a) As used in this section:
(1) “Animals” means any and all types of animals both domesticated and wild, male and female, singular and plural.
(2) “Fowl” means any and all fowl, domesticated and wild, male and female, singular and plural.
(b) No person shall keep or harbor any animals or fowl which howl or bark or emit audible sounds which are unreasonably loud or disturbing and which are of such character, intensity and duration as to disturb the peace and quiet of reasonable persons of common sensibilities.
(c) Whoever violates any provision of this section is guilty of a minor misdemeanor. (Ord. 66-91. Passed 7-15-91.)
(a) Any person who owns, keeps or harbors a dog or cat within the City limits shall keep such dog or cat immunized or reimmunized against rabies, by a method listed in the U.S. Department of Health, Education and Welfare Center for Disease Control Animal Rabies Compendium, or any other method approved by the Health Commissioner, so that the dog or cat is continually protected against contracting rabies. Provided, however, dogs or cats need not be immunized before reaching the age of three months.
(b) Dogs or cats entering the City temporarily for dog or cat shows, exhibition and/or breeding purposes shall not be allowed out of the owner’s, keeper’s or handler’s control, unless properly immunized, and all dogs or cats entering this jurisdiction for field trials or hunting purposes, or any other purpose, shall be properly immunized. All such immunized dogs and cats shall be accompanied by an immunization certificate supplied by the veterinarian who immunized the dog or cat.
(c) All veterinarians immunizing or reimmunizing dogs or cats against rabies shall keep a record of such immunization or reimmunization and shall, at the time of such immunizing or reimmunizing give the owner, keeper or harborer, of the animal a certificate of immunization which shall include a number identifying the individual record, a complete description of the animal, the place where the animal is kept or harbored, the name and address of the owner, keeper or harborer of the animal, date and type of immunization or of reimmunization and such other pertinent information as needed, along with the signature and typed name and address of the veterinarian. The veterinarian shall forward a copy of the certificate to the Health Commissioner within thirty days of its issuance. The Health Commissioner shall then forward a copy thereof to the Lucas County Dog Warden.
(d) The certificate described in subsection (c) hereof shall be made on multiple-copy forms certified by the Health Commissioner.
(e) Nothing in this section shall be interpreted to mean that dogs or cats immunized or reimmunized shall be allowed to run at large in violation of any rabies quarantine, law, ordinance or regulation.
(f) All veterinarians who immunize or reimmunize a dog against rabies shall provide a tag approved by the Health Commissioner, which shall have thereon permanently affixed the year of immunization or reimmunization and the number indicating the record prescribed in subsection (c) hereof. Such tag shall be securely fastened to the collar and/or harness worn by the dog.
(g) No veterinarian or person who owns, keeps or harbors a dog or cat shall be required to provide or obtain a certificate for a rabies immunization or reimmunization administered before the date this section takes effect. However, the provisions of this section shall be complied with at the time of reimmunization thereafter or the time the current immunization or reimmunization loses its effectiveness, whichever is earlier.
(h) Whoever violates any provision of this section is guilty of a misdemeanor of the fourth degree. Each day’s violation shall constitute a separate offense.
(Ord. 65-91. Passed 7-15-91.)
(a) The feces deposited by the defecation of any animal upon any public land, street or right of way or upon the land of any private property owner other than that of the owner of the animal or the person in charge thereof, creates an unsanitary and unhealthy condition and is hereby declared to be a nuisance.
(b) No person being the owner or in charge of any animal shall permit such animal to defecate upon any public land, street, or right of way or upon the land of any private property owner within the City.
(c) Where the owner or person in charge or control of such animal immediately, and before taking such animal from the area where the defecation occurred, cleans the area and removes the feces and disposes of it in a sanitary manner in a proper receptacle, the nuisance shall be considered abated.
(d) The accumulation of defecation upon any property where animals are kept creates an unsanitary and unhealthy condition and is hereby declared to be a nuisance.
(e) No person being the owner or person in charge of any animal shall permit the accumulation of defecation upon the property where the animal is kept. The owners or person in charge of the animal shall maintain the property where the animal is kept in a clean and sanitary condition by the regular removal of the defecation of such animal in a proper sealed sanitary receptacle.
(f) Whoever violates this section is guilty of one of the following:
(1) Except as otherwise provided in this subsection (f) hereof, a minor misdemeanor;
(2) If, within one year of the offense, the offender has been previously convicted of or pleaded guilty to two violations of this Code for which no other penalty is provided or of any provision of the Ohio Revised Code or of a municipal ordinance that is substantially similar to any such provision of this Code, a misdemeanor of the fourth degree.
(Ord. 54-99. Passed 5-17-99.)
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