(A) No person shall:
(1) Torture an animal, deprive 1 of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during the confinement with a sufficient quantity of good wholesome food and water;
(2) Impound or confine an animal without affording it, during the confinement, access to shelter from wind, rain, snow, or excessive direct sunlight, if it can reasonably be expected that the animal would otherwise become sick or in some other way suffer. This division does not apply to animals impounded or confined prior to slaughter. For the purpose of this section,
SHELTER means an artificial enclosure, windbreak, sunshade, or natural windbreak or sunshade that is developed from the earth's contour, tree development, or vegetation;
(3) Carry or convey an animal in a cruel or inhuman manner;
(4) Keep animals other than cattle, poultry or fowl, swine, sheep, or goats in an enclosure without wholesome exercise and change of air, nor feed cows on food that produces impure or unwholesome milk;
(5) Detain livestock in railroad cars or compartments longer than 28 hours after they are so placed without supplying them with necessary food, water, and attention, nor permit the stock to be so crowded as to overlie, crush, wound, or kill each other.
(B) Upon the written request of the owner or person in custody of any particular shipment of livestock, which written request shall be separate and apart from any printed bill of lading or other railroad form, the length of time in which the livestock may be detained in any cars or compartment without food, water, and attention may be extended to 36 hours without penalty therefor. Division (A) of this section does not prevent the dehorning of cattle.
(C) All fines collected for violations of division (A) of this section shall be paid to the society or association for the prevention of cruelty to animals, if there is 1 in the municipality; otherwise, all fines shall be paid to the general fund.
(1981 Code, § 90.07)
(D) Cruelty to companion animals.
(1) As used in this section:
BOARDING KENNEL.
Has the same meaning as in R.C. § 956.01.
CAPTIVE WHITE-TAILED DEER.
Has the same meaning as in R.C. § 1531.01.
COMPANION ANIMAL.
Means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept.
COMPANION ANIMAL
does not include livestock or any wild animal.
CRUELTY.
Has the same meaning as in R.C. § 1717.01.
DOG KENNEL.
Means an animal rescue for dogs that is registered under R.C. § 956.06, a boarding kennel, or a training kennel.
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.
LIVESTOCK.
Means horses, mules, and other equidae; cattle, sheep, goats, and other bovidae; swine and other suidae; poultry; alpacas; llamas; captive white-tailed deer; and any other animal that is raised or maintained domestically for food or fiber.
PRACTICE OF VETERINARY MEDICINE.
Has the same meaning as in R.C. § 4741.01.
RESIDENTIAL DWELLING.
Means a structure or shelter or the portion of a structure or shelter that is used by 1 or more humans for the purpose of a habitation.
TORMENT.
Has the same meaning as in R.C. § 1717.01.
TORTURE
. Has the same meaning as in R.C. § 1717.01.
TRAINING KENNEL.
Means an establishment operating for profit that keeps, houses, and maintains dogs for the purpose of training the dogs in return for a fee or other consideration.
WILD ANIMAL.
Has the same meaning as in R.C. § 1531.01.
(2) 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.
(3) No person who confines or who is the custodian or caretaker of a companion animal shall negligently do any of the following:
(a) Commit any act by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
(b) Omit any act of care by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
(c) Commit any act of neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
(d) Needlessly kill the companion animal;
(e) Deprive the companion animal of necessary sustenance, confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, or 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 deprivation, confinement, or impoundment or confinement in any of those specified manners.
(4) No owner, manager, or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal shall knowingly do any of the following:
(a) Torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against the companion animal;
(b) Deprive the companion animal of necessary sustenance, confine the companion animal without supplying it during the confinement with sufficient quantities of food and water, or impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter if it is substantially certain that the companion animal would die or experience unnecessary or unjustifiable pain or suffering due to the deprivation, confinement, or impoundment or confinement in any of those specified manners.
(5) 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:
(a) Commit any act by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
(b) Omit any act of care by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
(c) Commit any act of neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
(d) Needlessly kill the companion animal;
(e) Deprive the companion animal of necessary sustenance, confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, or 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 deprivation, confinement, or impoundment or confinement in any of those specified manners.
(6) Divisions (D)(2), (D)(3), (D)(4) and (D)(5) of this section do not apply to any of the following:
(a) A companion animal used in scientific research conducted by an institution in accordance with the Federal Animal Welfare Act and related regulations;
(b) The lawful practice of veterinary medicine by a person who has been issued a license, temporary permit, or registration certificate to do so under R.C. Chapter 4741;
(c) 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;
(d) 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;
(e) 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 R.C. Chapter 4741.
(7) 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 division (D) 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 division. 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 division, the county humane society shall use the fine moneys to provide the training that is required for humane agents under R.C. § 1717.06.
(E) Whoever violates division (A) of 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.
(1981 Code, § 90.99)
(F) (1) Whoever violates division (D)(2) of this section is guilty of a misdemeanor of the first degree on a first offense and a felony to be prosecuted under appropriate state law on each subsequent offense.
(2) Whoever violates division (D)(3) of this section 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) (a) A court may order a person who is convicted of or pleads guilty to a violation of division (D) of this section to forfeit to an impounding agency, as defined in 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 division (D) 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 R.C. § 959.132.
(4) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of division (D) 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.
(G) Care requirements; cruelty prohibited.
(1) No owner, keeper or person in charge of any animals shall do or fail to do anything which is cruel or inhumane, including but not limited to:
(a) Fail to provide sufficient and wholesome food; potable water; shade and weatherproof enclosure of such size as will permit movement and simultaneously facilitate the preservation of body heat by the animals. It shall have sufficient quantity of suitable bedding material consisting of straw, cedar shavings, or the equivalent. The floor will be solid and raised off the ground. The entrance shall be covered with a flexible wind-proof material or a self-closing swinging door. A garage, shed or other structure, not designed and built specifically for an animal, should not be considered suitable housing, unless otherwise specifically found by the animal control officer. Furthermore, no person who owns any animals shall fail to provide such animal adequate opportunity for exercise; regular veterinary care and when needed, veterinary care for injury or illness, to treat injury or illness, unless the animal is instead humanely euthanized; or other care as is needed for the health or well-being of such kind of animal; or
(b) Abandon any animal in any place. For the purpose of this provision, ABANDON
means for the owner or keeper or person in charge to leave any animal without demonstrated or apparent intent to recover or to resume custody; leave any animal for more than 12 hours without providing for adequate food, potable water and shelter for the duration of the absence; or turn out or release any animal for the purpose of causing it to be impounded; or
(c) Leave any animal unattended in a vehicle when such vehicle does not have adequate ventilation and temperature to prevent suffering, disability or death to such animal. For the purpose of this division. If attempts to locate the vehicle owner fail, any law enforcement officer or animal control officer may take action necessary to rescue a confined animal to remove the threat of further serious harm. The owner, keeper, or person in charge will be liable for all reasonable and necessary impound, board and medical fees. No officer or agent taking action shall be liable for damages necessary to rescue the confined animal.
(d) Animals must have access to a structure sheltered from wind, rain, snow and sun in temperatures at or below 10ºF or at or above 85ºF, or when a heat advisory, wind chill advisory, or tornado warning has been issued by local, state, or federal authority, except when the animal(s) is within visual range of a competent person who is outside with the animal.
(2) Any animal impounded for being kept in violation of this section may be humanely euthanized upon advice of a licensed veterinarian and by the Supervisor if he or she deems it necessary to relieve suffering. The cost for care and treatment of any animal impounded under this section shall be charged to the owner, keeper, or person in charge, whether or not they seek to regain custody of such animal.
(3) The owner, keeper, or person in charge of any animal who has been charged under this section who fails to appear in court on the scheduled date to enter a plea or fails to appear on any additional court dates, after entering a plea, without permission from the judge or authorized court employee, will have 14 days from that date to settle the matter with the court. Failure to comply will result in the animal being held at the shelter to become the property of the city, allowing it to be adopted or, if necessary, humanely euthanized.
(4) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree, unless the violation is of division (G)(1)(d), which would result in an unclassified misdemeanor which would carry a fine of no less than $50 or no more than $1,000. A separate offense shall be deemed committed each day during or on which a violation occurs or continues. Furthermore, all code enforcement as well as law enforcement officers may enforce each provision of this code section.
(Ord. 07-07-056, passed 8-13-2007; Am. Ord. 07-07-057, passed 8-13-2007; Am. Ord. 19-03-020, passed 4-8-2019)
Statutory reference:
Cruelty to animals, see R.C. § 959.13
Impoundment of companion animals; notice and hearing, see R.C. § 959.132
Penalties, see R.C. §§ 959.99(D), 959.99(E)
Prohibitions concerning companion animals, see R.C. § 959.131