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(a) Common Pigeons a 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 Department of Public Service and Properties.
(b) Harboring Pigeons Prohibited. No person shall harbor or keep any live pigeons within the City, except homing pigeons, and then only if the requirements of this section are complied with.
(c) License for Homing Pigeons. No person shall harbor or keep any live homing pigeons within the City without first obtaining a license therefor from the Building Commissioner. Such license, when issued in the manner hereinafter provided, shall entitle the holder thereof to keep not more than 25 homing pigeons under the terms and conditions set forth in this section.
(d) Application for License. The Building Commissioner 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. Each application shall be submitted to the Safety Committee of Council. The application shall then be presented to Council, with the recommendation of the Safety Committee, for its consideration. No license shall be issued unless it has been approved by a majority vote of Council.
(e) Period of License. Upon approval by Council, the Building Commissioner shall issue a homing pigeon license for a period of one year, which may be renewed annually upon payment of the fees herein set forth. However, a new license shall not issue as a matter of right to one whose license has been revoked until he or she has complied with all the provisions of this section and has given Council satisfactory assurance of future compliance.
(f) License Fees. The fee for a homing pigeon license shall be $5.00 per year, per loft of pigeons, not to exceed 25 in number. Such fee shall be tendered with the application for a license or for the renewal thereof. If no license is issued after 60 days from the receipt of such application or renewal thereof, the fee shall be returned to the applicant.
(g) Revocation of License.
(1) If any licensee personally or any agent or custodian of his pigeons violates any provision of this section, the Building Commissioner may revoke the license, in addition to any fines and forfeitures that may be imposed by any court upon such person for the violation of any provision of this section.
(2) The Building Commissioner 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 Commissioner, 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.
(h) Appeals. Any person aggrieved by any order of revocation by the Building Commissioner may, within 20 days from the issuance of the order of revocation, appeal to Council by serving a notice of such appeal upon the Clerk of Council and the Commissioner. Such appeal may be heard at a time to be set by the Clerk of Council not more than 30 nor less than five days after service of the notice of appeal. All interested parties shall be notified of the time and place of the hearing at least 48 hours before the time set therefor. Council may affirm, alter or set aside any portion of the revocation order of the Commissioner.
(i) Conditions for 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 or operated or be permitted to exist within a distance of 100 feet of 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 (6) hereof.
(6) All grain and food stored for the use of such pigeons shall be kept in ratproof metal containers with tight covers.
(7) Homing pigeons shall not be permitted to fly at large but may be released for not more than one hour for exercise.
(8) 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.
(Ord. 57-55. Passed 10-7-1957.)
(j) Shooting and Trapping Homing Pigeons. No person, not being the owner thereof, shall shoot, kill or maim an Antwerp or homing pigeon, commonly known as a carrier pigeon, or entrap, catch or detain a carrier pigeon if it has the name of the owner stamped upon its wing or tail, or has a band with the owner's name, initials or a number on its leg.
(Ord. 44-46. Passed 12-4-1944.)
(k) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor.
(1982 Code, § 505.21)
(a) No person shall harbor, maintain or control a wild, dangerous or undomesticated animal within the City.
(b) A "wild, dangerous or undomesticated animal" is an animal whose natural habitat is the wilderness and which, when maintained in human society, is usually confined to a zoological park or exotic animal farm and which:
(1) Is a poisonous or venomous animal or snake, or a snake that is a constrictor; or
(2) Is an omnivorous or carnivorous animal weighing more than twenty pounds and which is a predator in its natural habitat;
(3) Is an animal which, by reason of its size, strength or appetite, if unrestrained and free in the City, could cause peril to children, adults, pets or other domesticated animals, buildings, landscaping or personal property;
(4) Is an animal which makes noise with sufficient frequency and volume a to constitute a nuisance to persons in the vicinity of such animal;
(5) Is an animal which emits such offensive odors as to constitute a nuisance to persons in the vicinity of such animal; or
(6) Is, by way of illustration and without limitation, one of the following: an ape: chimpanzee (Pan), gibbon (Hylobate), gorilla (Gorilla), orangutan (Pongo), siamang (Symphalangus), baboon (Papio or Mandrillus); bear (Ursidae), bison (Bison), boar (Suidae), cheetah (Acinonyx Jubatus), crocodilian (Crocodilia), coyote (Cams Latrans), deer (Cervidae - includes all members of the deer family; for example, white-tailed deer, elk, antelope and moose), elephant (Elephas or Loxodonta), game cocks and other fighting birds, hippopotamus (Hippopotarnidae), hyena (Hyaenidae), jaguar (Panthers Onca), leopard (Panthers Pardus), lion (Panthers Leo), lynx (Lynx), monkey (Cercopithecidae - old world), ostrich (Struthio), piranha fish (Charactdae), puma (Felis Concolor - also known as cougar, mountain lion and panther), rhinoceros (Rhinocerotidae), shark (Class Chondrichthyes), snow leopard (Panthers Uncia), tiger (Panthers Tigris) and wolf (Canis Lupus).
(c) If any part of division (b) hereof, or the application thereof to any person shall be held to be invalid, such invalidity shall not affect the validity or application of the remaining parts of division (b) which shall be given effect without the invalid provisions or application and, to that end, the divisions of this section are declared to be severable.
(d) Whoever violates this section is guilty of a misdemeanor of the first degree. Each day during which such violation shall continue shall constitute a separate offense.
(1982 Code, § 505.22) (Ord. 84-57. Passed 10-15-1984.)
(a) Any person owning, keeping or harboring any dog or cat age one year or older, shall be required to have such animal currently immunized against rabies by a licensed veterinarian.
(b) All owners or keepers as described in division (a) hereof shall maintain a record of such immunization as provided by a veterinarian. They shall provide said proof of immunization to any person so inquiring.
(c) Whoever violates division (a) hereof is guilty of a misdemeanor of the fourth degree. Whoever violates division (b) hereof is guilty of a minor misdemeanor. Punishment shall be provided in Section 501.99.
(1982 Code, § 505.24) (Ord. 97-69. Passed 11-3-1997.)
(a) As used in this section:
(1) “Dangerous dog” is defined as follows:
A. “Dangerous dog” means a dog that, without provocation, and subject to paragraph (a)(1)B. hereof, has done any of the following:
1. Caused injury, other than killing or serious injury, to any person;
2. Killed another dog;
3. Been the subject of a third or subsequent violation of division (C) of R.C. § 955.22.
B. “Dangerous dog” does not include a police dog that has caused injury, other than killing or serious injury, to any person or has killed another dog 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 that a dog 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) “Vicious dog” is defined as follows:
A. “Vicious dog” means a dog that, without provocation, and subject to paragraph (a)(4)B. hereof, has killed or caused serious injury to any person.
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; or
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 or criminal activity and who was not using the dog as a means of carrying out such activity.
(Ord. 2024-80. Passed 10-21-2024.)
(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, harborer, 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 the 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 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 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 fenced 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 to any person;
C. Muzzle that 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, exclusively of interest and costs, of not less than one hundred thousand dollars, ($100,000.00) because of damage or bodily injury to or death of a person caused by the vicious dog.
(Ord. 2001-50. Passed 6-18-2001.)
(d) If a violation of division (b) hereof involves a dangerous dog, whoever violates that division is guilty of a misdemeanor of the first degree. The court may order the offender to personally supervise the dangerous dog that he or she owns, keeps or harbors, to cause that dog to complete dog obedience training, or to do both, and the court may order the offender to obtain liability insurance pursuant to division (c) hereof. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden or the County Humane Society.
(Ord. 2001-50. Passed 6-18-2001; Ord. 2001-69. Passed 9-4-2001; Ord. 2024-80. Passed 10-21-2024.)
(e) If a violation of division (b) hereof involves a vicious dog, whoever violates that division is guilty of one of the following:
(1) A felony of the fourth degree on a first or subsequent offense if the dog kills or seriously injures a person. Prosecution shall be made under R.C. Chapter 955 and the penalty shall be as provided in Ohio R. C. 2929.11. Additionally, the court shall order that the vicious dog be humanely destroyed by a licensed veterinarian, the County Dog Warden or the County Humane Society.
(2) A misdemeanor of the first degree on a first offense and a felony of the fourth degree on each subsequent offense. Prosecution for the misdemeanor shall be under this section. Prosecution for the felony shall be under R.C. Chapter 955 and the penalty shall be as provided in Ohio R.C. 2929.11. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden or the County Humane Society.
(3) 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) hereof is guilty of a misdemeanor of the first degree.
(1982 Code, § 505.25) (Ord. 2001-50. Passed 6-18-2001; Ord. 2024-80. Passed 10-21-2024.)
(a) Any person or entity who owns, keeps, handles, or has charge of a dog that, without provocation, kills or causes serious injury to a dog, cat, or chicken, shall be guilty of owning, keeping, handling, or having charge of an unsafe dog.
(b) "Unsafe dog" means a dog that, without provocation, has killed or caused serious injury to a dog, cat, or chicken.
(c) "Unsafe dog" does not include the following:
(1) A police dog that has killed or caused serious injury to another dog, cat, or chicken 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 a dog, cat, or chicken that was trespassing on the property of its owner, keeper, handler, or person having charge of the dog.
(d) "Provocation" means the dog owner, keeper, handler, or person having charge of the dog; or a dog or cat residing at the same household as the dog; was being attacked, teased, tormented, or abused at the time, while not engaging in illegal or criminal activity.
(e) "Serious injury" means an injury that reasonably required medical attention and treatment from a licensed veterinarian.
(f) Whoever violates division (a) of this section is guilty of a misdemeanor of the first degree. The court may also order the offender to personally supervise the unsafe dog that he or she owns, keeps, handles, or has charge of, and/or cause the dog to complete dog obedience training. The court, in the alternative, may order the unsafe dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society.
(Ord. 2024-72. Passed 10-7-2024.)
(a) As used in this section:
(1) “Animal”. Means a nonhuman mammal, bird, reptile, or amphibian, either dead or alive.
(2) “Offense.” Means a violation of this section or an attempt, in violation of R.C. § 2923.02, to violate this section.
(3) “Officer.” Has the same meaning as in R.C. § 959.132.
(4) “Sexual conduct.” Means either of the following committed for the purpose of sexual gratification:
A. Any act done between a person and animal that involves contact of the penis of one and the vulva of the other, the penis of one and the penis of the other, the penis of one and the anus of the other, the mouth of one and the penis of the other, the mouth of one and the anus of the other, the vulva of one and the vulva of the other, the mouth of one and the vulva of the other, any other contact between a reproductive organ of one and a reproductive organ of the other, or any other insertion of a reproductive organ of one into an orifice of the other;
B. Without a bona fide veterinary or animal husbandry purpose to do so, the insertion, however slight, of any part of a person’s body or any instrument, apparatus, or other object into the vaginal, anal, or reproductive opening of an animal.
(b) No person shall knowingly engage in sexual conduct with an animal or knowingly possess, sell, or purchase an animal with the intent that it be subjected to sexual conduct.
(c) No person shall knowingly organize, promote, aid, or abet in the conduct of an act involving any sexual conduct with an animal.
(R.C. § 959.21)
(d) (1) Whoever violates this section is guilty of a misdemeanor of the second degree. In addition, the court may order the offender to forfeit the animal or livestock and may provide for its disposition including but not limited to the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant to this division, the proceeds from the sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner. The balance of the proceeds from the sale, if any, shall be paid to the former owner of the animal.
(R.C. § 959.99(D))
(2) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of this section suffers from 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.
(R.C. § 959.99(E)(7))