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Warren, OH Codified Ordinances
CODIFIED ORDINANCES OF THE CITY OF WARREN, OHIO
CERTIFICATION
ROSTER OF OFFICIALS
ADOPTING ORDINANCE
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
PART ONE - ADMINISTRATIVE CODE
PART THREE - TRAFFIC CODE
PART FIVE - GENERAL OFFENSES CODE
CHAPTER 501 General Provisions and Penalty
CHAPTER 503 Advertising
CHAPTER 505 Animals and Fowl
CHAPTER 506 Wild and Exotic Animals
CHAPTER 509 Disorderly Conduct and Peace Disturbance
CHAPTER 513 Drug Abuse Control
CHAPTER 515 Fair Housing
CHAPTER 517 Gambling
CHAPTER 521 Health, Safety and Sanitation
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Minors
CHAPTER 533 Obscenity and Sex Offenses
CHAPTER 537 Offenses Against Persons
CHAPTER 541 Property Offenses
CHAPTER 545 Theft and Fraud
CHAPTER 549 Weapons and Explosives
CHAPTER 551 Nuclear Weapons
CHAPTER 553 Railroads
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
PART SEVENTEEN - HEALTH CODE
CHAPTER 505
Animals and Fowl
505.01    Dogs and other animals.
505.02    Impounding and disposition; records.
505.03    Annual registration of dogs; tags required.
505.04    Abandoning animals.
505.05    Killing or injuring animals.
505.06    Poisoning animals.
505.07    Cruelty to animals generally.
505.071   Cruelty to companion animals.
505.072   Bestiality.
505.073   Seizure and impoundment of animals for bestiality; hearing.
505.08    Nuisance conditions prohibited.
505.09    Barking or howling dogs.
505.10    Animal bites; reports and quarantine.
505.11    Hunting prohibited.
505.12    Coloring rabbits or baby poultry; sale or display of poultry.
505.13    Dangerous and vicious dogs.
505.14    Prohibiting the keeping or harboring of certain animals within the City.
505.15    Animal defecation; nuisance; required removal.
505.16   Dog harborage license.
505.17   House/shelter/tether animals.
505.18   Rights of blind, deaf or hearing impaired, or mobility impaired person, or trainer with assistance dog.
505.99    Penalty.
CROSS REFERENCES
      See sectional histories for similar State law
      Owner or keeper liable for damages - see Ohio R.C. 951.10
      Dog registration - see Ohio R.C. 955.01
      Wild and exotic animals - see GEN. OFF. Ch. 506
      Discharging firearms prohibited - see GEN. OFF. 549.08
   505.01 DOGS AND OTHER ANIMALS.
   (a)   Dogs in Public Places. No dog shall be permitted at any time upon a public highway, public park, public building or other public place within the City, except when held securely by a leash of suitable material and a length not to exceed six feet. The dog must be accompanied by a person of suitable size, weight and discretion to handle the dog in a responsible and safe fashion at all times.
   (b)   Animals on Private Property. No owner of a dog or cat shall permit such dog or cat: to run at large within the City upon property other than that of such owner; to damage property other than that of such owner; or to injure or annoy any person.
   (c)   Dogs, cats or any other animals that are permitted to be kept within the City shall, at all times, be provided by the owners, keepers and harborers thereof with sufficient protection from the elements, including heat, cold, wind, rain, snow, ice or excessive direct sunlight.
      (1)   If the animal is housed outdoors, a structure for shelter and protection shall be provided by the owner, keeper or harborer thereof. Proper bedding of straw or similar material, that remains dry, shall be utilized, and the structure shall be equipped with a flap or door or similar device. Food of sufficient quantity and quality to allow the normal maintenance of the animal’s body shall be provided. Water shall be open or adequate access to potable water of a drinkable temperature in sufficient quantity to satisfy the animal’s needs shall be provided. The structure shall be moisture- resistant and wind-resistant and of suitable size to accommodate the animal and allow retention of body heat. It shall be made of a durable material with a solid, moisture-proof floor and a floor raised at least two inches from the ground. All structures required by this section shall be subject to all building and zoning regulations. No such structure shall be in or on the front setback area of a property.
      (2)   In addition, if the animal is housed outdoors, a pen with sides and a top suitable to enclose the animal and the structure, and suitable to keep all other animals outside the pen, shall be provided by the owner, keeper or harborer of the animal. Such a pen shall, at all times, have a working, lockable gate. All pens required by this section shall be subject to all building and zoning regulations. No such pen shall be in or on the front setback area of a property.
   (d)   That, as to a dangerous dog or a vicious dog, to the extent that Section 505.13, is in conflict with this section, said Section 505.13, shall, and does, prevail over this section.
   (e)    Whoever violates division (c) of this section is guilty of a misdemeanor of the second degree. The Animal Warden, Dog Catcher, Humane Officer, or other law enforcement officer shall, and does, have discretion to warn the owner, keeper or harborer and to provide an opportunity for the violation to be remedied within twenty-four hours. Whoever violates any other division of this section is guilty of a minor misdemeanor on the first offense and a misdemeanor of the fourth degree on each subsequent offense.
(Ord. 12614/15. Passed 10-28-15.)
   505.02 IMPOUNDING AND DISPOSITION; RECORDS.
   (a)   A police officer or animal warden may impound every animal or dog found in violation of Section 505.01 . If the dog is not wearing a valid registration tag and the owner is not otherwise reasonably determined, notice shall be posted in the pound or animal shelter both describing the dog and place where seized and advising the unknown owner that unless the dog is redeemed within three days, it may thereafter be sold or destroyed according to law. If the dog is wearing a valid registration tag or the identity of the owner, keeper or harborer is otherwise reasonably determined, notice shall be given by certified mail to such owner, keeper or harborer that the dog has been impounded and unless redeemed within fourteen days of the date of notice, it may thereafter be sold or destroyed according to law. Any dog seized and impounded may be redeemed by its owner, keeper or harborer at any time prior to the applicable redemption period upon payment of all lawful costs assessed against the animal and upon providing the dog with a valid registration tag if it has none.
   (b)   A record of all dogs impounded, the disposition of the same, the owner's name and address where known, and a statement of any costs assessed against the dog shall be kept by any poundkeeper.
   505.03 ANNUAL REGISTRATION OF DOGS; TAGS REQUIRED.
   (a)   Except for guide dogs registered under Ohio R.C. 955.011 and dogs kept by an institution or organization for teaching and research purposes under Ohio R.C. 955.16, no person shall own, keep or harbor a dog more than three months of age without annually registering such dog with the County Auditor. Failure of any dog at any time to wear a valid registration tag shall be prima-facie evidence of lack of registration and subject such dog to impounding and disposition as provided by Ohio R.C. 955.16.
   (b)   Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.
(ORC 955.99(D)).
   505.04 ABANDONING ANIMALS.
   (a)   No owner or keeper of a dog, cat or other domestic animal shall abandon such animal. (ORC 959.01)
   (b)   A person commits the crime of animal abandonment if the person intentionally, purposely, knowingly, recklessly or with criminal negligence leaves a domestic animal at a location permanently or temporarily without providing for the animal’s continued care. As used in this section, “temporarily” means leaving an animal at a location, other than the owner’s home or residence, for longer than thirty (30) minues without providing for the animal’s continued care.
   (c)   Animal abandonment is a misdemeanor of the first degree.
   (d)   Each action in violation of subsection (a) of this section shall constitute a separate offense. (Ord. 13044/2021. Passed 7-28-21.)
   505.05 KILLING OR INJURING ANIMALS.
   (a)   No person shall maliciously, or willfully, and without the consent of the owner, kill or injure a farm animal, dog, cat or other domestic animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity, or to trespassing animals as set forth in Ohio R.C. 959.04.
(ORC 959.02)
   (b)   Except as otherwise provided herein, whoever violates this section is guilty of a misdemeanor of the second degree. If the value of the animal killed or the injury done amounts to three hundred dollars ($300.00) or more, such person is guilty of a misdemeanor of the first degree.
(ORC 959.99(B))
   505.06 POISONING ANIMALS.
   (a)   No person shall maliciously, or willfully and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to a farm animal, dog, cat, poultry or other domestic animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisoned food where it may be easily found and eaten by any of such animals, either upon his own lands or the lands of another. This section does not apply to trespassing animals as set forth in Ohio R.C. 959.04.
(ORC 959.03)
   (b)   Whoever violates this section is guilty of a misdemeanor of the fourth degree.
(ORC 959.99(C))
   505.07 CRUELTY TO ANIMALS GENERALLY.
   (a)   No person shall:
(1)   Torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during such confinement with a sufficient quantity of good wholesome food and water;
(2)   Impound or confine an animal without affording it, during such 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 subsection (a)(2) does not apply to animals impounded or confined prior to slaughter. For the purpose of this section, "shelter" means a man-made 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 twenty-eight hours after they are so placed without supplying them with necessary food, water and attention, nor permit such livestock 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 such livestock may be detained in any cars or compartments without food, water and attention, may be extended to thirty-six hours without penalty therefor. This section does not prevent the dehorning of cattle.
(ORC 959.13)
   (c)    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 subsection, 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.
(ORC 959.99(D))
   505.071 CRUELTY TO COMPANION ANIMALS.
   (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)
   505.072 BESTIALITY.
   (a)    "Animal" means a nonhuman mammal, bird, fish, reptile, or amphibian, either dead or alive for purposes of this section.
   (b)    "Sexual conduct" means either of the following committed for the purpose of sexual gratification:
      (1)    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.
      (2)    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.
   (c)    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.
   (d)    No person shall knowingly organize, promote, aid, or abet in the conduct of an act involving any sexual conduct with an animal.
   (e)    Whoever violates this section is guilty of bestiality, a misdemeanor of the first degree.
      (1)    The 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 Section 505.073 of the Codified Ordinances of the City of Warren, any or all of the 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 animals for a specified or indefinite period of time.
      (2)    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 reasonable necessary costs incurred by the agency for the care of an animal that the agency impounded as a result of the investigation or prosecution of the violation, provided that the costs were not otherwise paid.
      (3)    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 a 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.
(Ord. 12659/16. Passed 6-22-16.)
   505.073 SEIZURE AND IMPOUNDMENT OF ANIMALS FOR BESTIALITY; HEARING.
   (a)    As used in this section:
      (1)    "Impounding agency" means a county dog pound, county humane society organized under Ohio R.C. 1717.05, municipal dog pound, or law enforcement agency.
      (2)    "Offense" means a violation of Section 505.072 of the Codified Ordinances of the City of Warren.
      (3)    "Officer" means any law enforcement agent, animal control officer, county humane agent or deputy dog warden.
   (b)    An officer may immediately seize and cause to be impounded at an impounding agency an animal that the officer has probable cause to believe is the subject of an offense.
   (c)    The officer shall give written notice of the seizure and impoundment to the owner, keeper, or harborer of the animal that was seized and impounded within three (3) days of seizure if they can be found. If the officer is unable to give the notice to the owner, keeper, or harborer of the animal, the officer shall post the notice on the door of the residence or in another conspicuous place on the premises at which the animal was seized.
      (1)    The notice shall include a statement that, upon written request by the owner, keeper, or harborer of the animal to the impounding agency, which is received by the impounding agency within ten (10) calendar days of the notice of seizure and impoundment, a hearing will be held at the next available court date, or no later than three (3) days from the date the notice of a request for a hearing was received, whichever is earlier. The notice shall also state that the hearing will be held to determine whether the officer had probable cause to seize the animal and, if applicable, to determine the amount of a bond or cash deposit that is needed to provide for the animal's care and keeping for not less than thirty (30) days beginning on the date on which the animal was seized and impounded. If a hearing is not timely requested by the owner, keeper, or harborer, the animal is deemed forfeited without hearing and the impounding agency may determine the disposition of the animal.
   (d)    An animal that is seized under this section may be humanely destroyed immediately or at any time during impoundment or otherwise provided with veterinary care if a licensed veterinarian determines it to be necessary because the animal is suffering.
   (e)    (1)    If the owner, keeper, or harborer of the animal has requested a hearing in writing, the Court shall hold a hearing to determine whether the officer impounding an animal had probable cause to seize the animal. If the Court determines that probable cause exists, the Court shall determine the amount of a bond or cash deposit that is needed to provide for the animal's care and keeping for not less than thirty (30) days beginning on the date on which the animal was impounded. If the owner, keeper, or harborer does not appear at hearing and notice of hearing was properly served, the animal is deemed forfeited and the impounding agency may determine the disposition of the animal.
      (2)    If the Court determines that probable cause does not exist, the Court immediately shall order the impounding agency to return the animal to its owner if possible. If the animal cannot be returned because it has died as a result of neglect or other misconduct by the impounding agency or if the animal is injured as a result of neglect or other misconduct by the impounding agency, the Court shall order the impounding agency to pay the owner an amount determined by the Court to be equal to the reasonable market value of the animal at the time that it was impounded plus statutory interest as defined in Ohio R.C. 1343.03 from the date of the impoundment or an amount determined by the Court to be equal to the reasonable cost of treatment of the injury to the animal, as applicable. The requirement established in subsection (e)(2) hereof regarding the payment of the reasonable market value of the animal shall not apply in the case of a dog that, in violation of Ohio R.C. 955.01, was not registered at the time it was seized and impounded.
      (3)    If the Court determines that probable cause exists and determines the amount of a bond or cash deposit, the case shall continue and the owner shall post a bond or cash deposit to provide for the animal's care and keeping for not less than thirty (30) days beginning on the date on which the animal was impounded. The owner may renew a bond or cash deposit by posting, not later than ten (10) days following the expiration of the period for which a previous bond or cash deposit was posted, a new bond or cash deposit in an amount that the Court, in consultation with the impounding agency, determines is sufficient to provide for the animal's care and keeping for not less than thirty (30) days beginning on the date on which the previous period expired. If no bond or cash deposit is posted or if a bond or cash deposit expires and is not renewed, the impounding agency may determine the disposition of the animal unless the Court issues an order that specifies otherwise.
   (f)    If a person is convicted of committing an offense, the Court may impose the following additional penalties against the person:
      (1)   A requirement that the person pay for the costs incurred by the impounding agency in caring for an animal involved in the applicable offense, provided that the costs were incurred during the animal's seizure or impoundment. A bond or cash deposit posted under this section may be applied to the costs.
      (2)    An order permanently terminating the person's right to possession, title, custody, or care of the animal that was involved in the offense. If the Court issues such an order, the Court shall order the disposition of the animal.
   (g)    If a person is found not guilty of committing an offense, the Court immediately shall order the impounding agency to return the animal to its owner if possible and to return the entire amount of any bond or cash deposit posted under subsection (e) hereof. If the animal cannot be returned because it has been adopted or euthanized, the impounding agency shall pay the fair market value of the animal at the time it was impounded plus statutory interest as defined in Ohio R.C. 1343.03 from the date of the impoundment or an amount determined by the Court to be equal to the cost of treatment of the injury to the animal, as applicable. The requirements established in this division regarding the return of a bond or cash deposit and the payment of the reasonable market value of the animal shall not apply in the case of a dog that in violation of Ohio R.C. 955.01, was not registered at the time it was seized and impounded.
   (h)    If charges are filed for an offense described in this section against the custodian or caretaker of an animal, but the animal that is the subject of the charges is not impounded, the Court in which the charges are pending may order the owner or person having custody of the animal to provide to the animal the necessities described in Division (C) (5), (D) (2), and (E) (5) of Ohio R.C. 959.131 until the final disposition of the charges. If the Court issues an order of that nature, the court also may authorize an officer or another person to visit the place where the animal is being kept, at the times and under the conditions that the Court may set, to determine whether the animal is receiving those necessities and to remove and impound the animal if the animal is not receiving those necessities.
(Ord. 12659/16. Passed 6-22-16.)
   505.08 NUISANCE CONDITIONS PROHIBITED.
   (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)    Whoever violates this section is guilty of a minor misdemeanor.
   505.09 BARKING OR HOWLING DOGS.
   (a)   No person shall keep or harbor any dog within the City which, by frequent and habitual barking, howling or yelping, creates unreasonably loud and disturbing noises of such a character, intensity and duration as to disturb the peace, quiet and good order of the City. Any person who shall allow any dog habitually to remain, be lodged or fed within any dwelling, building, yard or enclosure, which he occupies or owns, shall be considered as harboring such dog.
   A dog’s barking, howling or yelping described in the preceding paragraph persisting for a period of five (5) minutes or more between the hours of 8:00 p.m. and 8:00 a.m., or for a period of ten (10) minutes or more between the hours of 8:00 a.m. and 8:00 p.m., is prima- facie evidence of violation of the preceding paragraph.
   The provisions of this section do not apply to:
      (1)   Veterinary clinics;
      (2)   Law enforcement personnel in the charge of a dog while that dog is assisting such personnel in the performance of official duties; or
      (3)   Persons in charge of a dog while that dog is assisting a blind or deaf person.
   (b)   Whoever violates this section is guilty of a minor misdemeanor. Each day of continued violation constitutes a separate offense. In addition to any penalties provided for in this section, for any violation of this section the City may seek any legal or equitable relief available to it (including, but not necessarily limited to, injunctive relief, abatement of nuisance, and recovery of costs and expenses).
(Ord. 11647/03. Passed 1-8-03.)
   505.10 ANIMAL BITES; REPORTS AND QUARANTINE.
   (a)    Whenever any person is bitten by a dog or other animal, report of such bite shall be made to the Health Commissioner within twenty-four hours. Whenever it is reported to the Health Commissioner that any dog or cat has bitten a person, that dog or cat shall be quarantined under an order issued by the Health Commissioner. The dog or cat shall be quarantined by its owner or by a harborer, or shall be quarantined in a pound or kennel. In all cases, such quarantine shall be under the supervision of the Health Commissioner and shall be at the expense of the owner or harborer. Quarantine shall continue until the Health Commissioner determines that the dog or cat is not afflicted with rabies. The quarantine period hereby required shall not be less than ten days from the date on which the person was bitten. If at any time during the quarantine, the Health Commissioner requires the dog or cat to be examined for symptoms of rabies, then the examination shall be by a licensed doctor of veterinary medicine. The veterinarian shall report to the Health Commissioner the conclusions reached as a result of the examinations. The examination by a veterinarian shall be at the expense of the owner or harborer. No dog or cat shall be released from the required quarantine unless and until it has been properly vaccinated against rabies.
   No person shall fail to comply with the requirements of this section or with any order of the Health Commissioner made pursuant thereto, nor fail to immediately report to the Health Commissioner any symptoms or behavior suggestive of rabies.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
   505.11 HUNTING PROHIBITED.
   (a)   No person shall hunt, kill or attempt to kill any animal or fowl by the use of firearms, bow and arrow, air rifle or any other means within the corporate limits of the Municipality.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
   505.12 COLORING RABBITS OR BABY POULTRY; SALE OR DISPLAY OF POULTRY.
   (a)    No person shall dye or otherwise color any rabbit or baby poultry, including, but not limited to, chicks and ducklings. No person shall sell, offer for sale, expose for sale, raffle or give away any rabbit or baby poultry which has been dyed or otherwise colored. No poultry younger than four weeks of age may be sold, given away or otherwise distributed to any person in lots of less than three. Stores, shops, vendors and others offering young poultry for sale or other distribution shall provide and operate brooders or other heating devices that may be necessary to maintain poultry in good health, and shall keep adequate food and water available to the poultry at all times.
(ORC 925.62)
   (b)    Whoever violates this section is guilty of a minor misdemeanor.
   505.13 DANGEROUS AND VICIOUS DOGS.
   (a)   As used in this section:
      (1)   A.   “Dangerous dog” means a dog that, without provocation, and subject to subsection (a)(1)B. hereof, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper, or harborer and not under the reasonable control of its owner, keeper, harborer, or some other responsible person, or not physically restrained or confined indoors or otherwise in a locked area described within subsection (b)(1) hereof.
         B.   “Dangerous dog” does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person 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)   A.   “Vicious dog” means a dog that, subject to subsection (a)(4)B. hereof, meets any of the following:
            1.   Has, without provocation, killed or caused serious injury to any person;
            2.   Has, without provocation, caused injury, other than killing or serious injury, to any person;
            3.   Has, without provocation, killed, maimed, or caused serious injury to, another dog or other domestic animal;
            4.   Is owned, kept or harbored, primarily or in part, for the purpose of dog fighting;
            5.   Has been trained for dog fighting;
            6.   (EDITOR’S NOTE: Former Section 505.13(a)(4)A.6. was repealed by Ordinance 13284/2023, passed November 8, 2023.)
         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;
            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.
   (b)   No owner, keeper or harborer of a dangerous or vicious dog shall fail to do either of the following:
      (1)   While that dog is on the premises of the owner, keeper or harborer, securely confine it at all times indoors or in a locked pen, locked dog run area, locked fenced yard, or other locked enclosure. Any such locked pen, locked dog run area, locked fenced yard or other enclosure must have sides six feet high or a top, and must have its sides imbedded into the ground no less than one foot should there be no bottom secured to the sides. In the alternative, however, a dangerous dog may 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 securely confined or restrained in accordance with subsection (b)(1) hereof.
         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 a 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)   With respect to each such vicious dog, no owner, keeper or harborer of a vicious dog(s) shall fail to obtain and maintain liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than one hundred thousand dollars ($100,000) because of damage or bodily injury to or death of a person caused by the vicious dog(s). Such person shall produce evidence of such insurance upon the request of a person authorized to enforce this section.
      
   (d)   No person shall do any of the following:
      (1)   Debark or surgically silence a dog that the person knows or has reason to believe is a vicious dog;
      (2)   Possess a vicious dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
      (3)   Falsely attest on a waiver form provided by the veterinarian under subsection (e) hereof that the person’s dog is not a vicious dog or otherwise provide false information on that written waiver form.
   (e)   Before a veterinarian debarks or surgically silences a dog, the veterinarian may give the owner of the dog a written waiver form that attests that the dog is not a vicious dog. The written waiver form shall include all of the following:
      (1)   The veterinarian’s license number and current business address;
      (2)   The number of the license of the dog if the dog is licensed;
      (3)   A reasonable description of the age, coloring, and gender of the dog as well as any notable markings on the dog;
      (4)   The signature of the owner of the dog attesting that the owner’s dog is not a vicious dog;
      (5)   A statement that Ohio R.C. 955.22(F) and this section prohibit any person from doing any of the following:
         A.   Debarking or surgically silencing a dog that the person knows or has reason to believe is a vicious dog;
         B.   Possessing a vicious dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
         C.   Falsely attesting on a waiver form provided by the veterinarian under Ohio R.C. 955.22(G) and this section that the persons’ dog is not a vicious dog or otherwise provide false information on that written waiver form.
   (f)   It is an affirmative defense to a charge of violation of subsection (d) hereof that the veterinarian who is charged with the violation obtained, prior to debarking or surgically silencing the dog, a written waiver form that complies with subsection (e) hereof and that attests that the dog is not a vicious dog.
   (g)   No person shall own or harbor any dog for the purpose of dog 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 domestic animals.
   (h)   No person shall possess with intent to sell, offer for sale, breed, buy or attempt to buy within the City any vicious dog.
   (i)   Every person who owns, keeps or harbors within the City a vicious dog more than three months of age, shall file, on or after the first day of the preceding December but before the thirty-first day of January of each year, with the Warren City Health Department, an application for registration of a vicious dog for the following year, beginning with the thirty-first day of January of that year. The application shall state the age, sex, color, character of hair, whether short or long, and breed, if known, of the dog and the name, address and telephone number of the owner of the dog. A registration fee of forty-five dollars ($45.00) for each dog shall accompany the application.
   The Warren City Health Department shall issue to every person making application for the registration of a vicious dog and paying the required fee therefor a certificate of registration and a collar of distinction for each dog so registered, and a placard identifying the premises upon which the vicious dog is kept or harbored as such a place. Each year the collar shall be a color distinctive from that of the previous year. If a collar or placard is lost, a duplicate shall be furnished by the Warren City Health Department upon proof of loss and the payment of a fee equal to the then actual cost to the Department of each duplicate tag or placard issued.
   After the thirty-first day of January of any year, every person, immediately upon becoming the owner, keeper or harborer within the City of a vicious dog more than three months of age or brought from outside of the City during any year, shall file like application, with fee, as required above for registration for the current year. Certificates of registration, registration tags and placards shall be valid only during the calendar year in which they are issued, and during the first thirty-one days of the following calendar year.
   No owner of a vicious dog shall fail to require the dog to wear, at all times, a valid collar issued in connection with a certificate of registration. No owner of a vicious dog shall fail to prominently display the placard upon the premises where the vicious dog is kept or harbored.
   Any registration provided for within this subsection (i) hereof shall be, and is, in addition to any other registration provided for by law or ordinance.
   Notwithstanding anything to the contrary in this section, however, any person making application for registration per this subsection (i) hereof who has been convicted at any time during the five years preceding such application of a violation of any ordinance, statute, law, rule or regulation relative to dangerous or vicious dogs, shall not be qualified for, and shall not be granted, any registration provided for per this subsection (i) hereof. Thus, no such person shall own, keep or harbor within the City a vicious dog required to be registered per this subsection (i) hereof.
   (j)   In the event that the Animal Warden, Dog Catcher or other law enforcement agent has probable cause to believe that a vicious dog is being harbored or cared for in violation of subsections (b)(1), (c), (d), (e), (g), (h) and (i) hereof, the Animal Warden, Dog Catcher, or other law enforcement agent may petition a court of competent jurisdiction to order the seizure and impoundment of the vicious dog pending trial. In the event that the Animal Warden, Dog Catcher or other law enforcement agent has probable cause to believe that a vicious dog is being harbored or housed in violation of subsection (b)(2) hereof, the Animal Warden, Dog Catcher or other law enforcement agent may seize and impound the vicious dog pending trial.
   (k)   Penalty.
      (1)   Whoever violates this section is guilty of a misdemeanor of the first degree. Whoever is found guilty of a second offense of violating this section is guilty of a misdemeanor of the first degree and shall be fined one thousand dollars ($1,000) which fine is mandatory and shall not be suspended or remitted.
      (2)   Any dangerous or vicious dog which attacks a human being or another domestic animal may be ordered destroyed when in the court’s judgment such dangerous or vicious dog represents a continuing threat of serious harm to human beings or other domestic animals.
      (3)   Whoever violates this section shall pay all expenses, including shelter, food and veterinary expenses, necessitated by the seizure of any dog for the protection of the public for no longer than thirty days, and such other expenses as may be required for the destruction of any such dog.
   (l)   Notwithstanding anything to the contrary in this section, if a person who is authorized to enforce this section has reasonable cause to believe that this section is being violated, that person shall, before filing any charges for violation of this section and before pursuing any other remedies or relief available for violation of this section, notify the owner, keeper or harborer of the dog in question, by certified mail or in writing in person, of both of the following:
      (1)   That the person has designated such dog as a dangerous dog or a vicious dog, as applicable, and that a charge(s) will be filed for violation of this section.
      (2)   That the owner, keeper or harborer of such dog may request a hearing relative to such designation in accordance with this section. The notice shall include instructions for filing such a request for a hearing.
   If the owner, keeper or harborer of the dog refutes its designation as a dangerous or vicious dog, as applicable, the owner, keeper or harborer, not later than ten days after receiving the notice of the designation of a dangerous or vicious dog, may request a hearing before the Warren City Board of Health regarding said determination. For purposes of this section, the Warren City Board of Health (hereinafter in this section referred to as “the Board”) shall conduct any hearing regarding the designation of a dangerous or vicious dog. The request for a hearing shall be in writing and shall be filed with the Board at the office of the Deputy Health Commissioner. If such a request is timely filed with the Board, the Board, not later than five days after the filing of the request with it, shall set the date and time for a hearing on the request and shall give notification of the same, by certified mail or in writing in person, to the owner, keeper or harborer of the dog and the person who designated the dog as dangerous or vicious. The date of the hearing shall be not more than thirty days after the request is filed with the Board.
   At a hearing conducted by the Board, the owner, keeper or harborer of the dog, and the person who designated the dog as dangerous or vicious, may bring witnesses and submit information to support or refute the dog’s designation. Before, during or after the hearing, the Board may employ, for resource purposes, the services of a person or persons experienced and knowledgeable concerning canines and canine behavior. After the hearing, the Board shall make a final determination on whether the dog is a dangerous or vicious dog, as applicable. The Board shall then give notification of its determination, by certified mail, to the owner, keeper or harborer of the dog and the person who designated the dog as dangerous or vicious.
   The owner, keeper or harborer of the dog, or the person who designated the dog as dangerous or vicious, may appeal the Board’s determination to an appropriate court in accordance with law.
   The Board, upon written motion of an owner, keeper, harborer or an attorney at law representing one of same, may order that the dog in question be held in the possession of the owner, keeper or harborer until the Board makes its final determination per this section. Until the Board makes a final determination, and during the pendency of the matter before the Board, the dog shall be confined or restrained in accordance with the provisions of subsection (b) hereof regardless of whether the dog has been designated as a vicious dog rather than a dangerous dog. The owner, keeper or harborer of the dog shall neither be prosecuted for any violation of this section nor be required to comply with any other requirements established within this section that concern a dangerous dog or a vicious dog, as applicable, until the Board makes a final determination and during the pendency of the matter before the Board.
(Ord. 11964/06. Passed 5-24-06.)
   505.14 PROHIBITING THE KEEPING OR HARBORING OF CERTAIN ANIMALS WITHIN THE CITY.
   No person shall own, keep or harbor any of the following enumerated animals at any premises or on any property within the corporate limits of the City: cattle, sheep, mules, goats, pigs, hogs, poultry, wolves, wolf dogs, timber shephards or wolf mixed breeds.
(Ord. 11647/03. Passed 1-8-03.)
   505.15 ANIMAL DEFECATION; NUISANCE; REQUIRED REMOVAL.
   (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 a minor misdemeanor.
(Ord. 9934/88. Passed 7-27-88.)
   505.16 DOG HARBORAGE LICENSE.
   Every person who keeps, harbors, boards or shelters more than four dogs at the same time within the City shall file, on or after the first day of the preceding December but before the thirty-first day of January of each year, with the Warren City Health Department, an application for registration as a dog harborage for the following year, beginning the thirty-first day of January of that year. The application shall state, as to each dog, the age, sex, color, character of hair, whether short or long, and breed, if known, and the name, address and telephone number of the applicant. A registration fee of fifteen dollars ($15.00) shall accompany the application.
   The Warren City Health Department, prior to approving registration of a dog harborage, shall inspect the premises in question and approve same as to conditions favorable to such dog harborage.
   The Warren City Health Department shall issue to every person making application for the registration of a dog harborage and paying the required fee therefor a certificate of registration.
   After the thirty-first day of January of any year, every person, immediately upon becoming the keeper, harborer, boarder or shelterer within the City of more than four dogs at the same time, shall file like application, with fee, as required above for registration for the current year. Certificates of registration shall be valid only during the calendar year in which they are issued, and during the first thirty-one days of the following calendar year.
   Any registration provided for within this section shall be, and is, in addition to any other registration provided for by law or ordinance.
   Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.
(Ord. 11647/03. Passed 1-8-03.)
   505.17 HOUSE/SHELTER/TETHER ANIMALS.
   (a)   No person shall house, shelter or tether an animal in any of the following circumstances:
      (1)   If a heat or cold advisory has been issued by a local or state authority or the National Weather Service;
      (2)   If a severe weather warning has been issued by a local or state authority or the National Weather Service;
      (3)   If the tether is less than twelve (12) feet in length; tethering the dog if such tethering fails to allow the dog to move at least twelve (12) feet or if the device is a pulley system, fails to allow the dog to move a total of twelve (12) feet;
      (4)   If the tether allows the animal to touch the fence or cross the property line or cross onto public property;
      (5)   If the tether is attached by means of a pinch-type, prong-type, martingale type or choke-type collar or if the collar is unsafe or is not properly fitted;
      (6)   If the tether may cause injury or entanglement. Tethering the dog in a manner where the dog is able to reach a fence or other object that may cause the dog to become injured or die by strangulation after jumping the fence or object or otherwise becoming entangled in the fence or object; or securing an animal with a leash, collar, tether, or other device weighting more than ten percent (10%) of the animal’s body weight;
      (7)   If the animal is not provided with its needs;
      (8)   If the tether is made of a material that is unsuitable for the animal’s size and weight or that causes any unnecessary discomfort to the animal;
      (9)   If residential premises is vacant or unoccupied.
   (b)   As used in this section, “tether” means a rope, chain, cord, dog run or pulley, or similar restraint for holding an animal in place, allowing a radius in which it can move about.
   (c)   Whoever violates this section is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the first degree on the third or any subsequent offense. Notwithstanding the foregoing penalties, if an animal becomes sick or injured as result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. 12614/15. Passed 10-28-15.)
   505.18 RIGHTS OF BLIND, DEAF OR HEARING IMPAIRED, OR MOBILITY IMPAIRED PERSON, OR TRAINER WITH ASSISTANCE DOG.
   (a)   When either a blind, deaf or hearing impaired, or mobility impaired person, or a training of an assistance dog is accompanied by an assistance dog, the person or trainer, as applicable, is entitled to the full and equal accommodations, advantages, facilities, and privileges of all public conveyances, hotels, and lodging places, all places of public accommodation, amusement, or resort, and other places to which the general public is invited, and may take the dog into such conveyances and places, subject only to the conditions and limitations applicable to all persons not so accompanied, except that:
      (1)   The dog shall not occupy a seat in any public conveyance; and
      (2)   The dog shall be leashed while using the facilities of a common carrier.
      (3)   Any dog in training to become an assistance dog shall be covered by a liability insurance policy provided by the nonprofit special agency engaged in such work protecting members of the public against personal injury or property damage caused by the dog.
   (b)   No person shall deprive a blind, deaf or hearing impaired, or mobility impaired person, or a training of an assistance dog who is accompanied by an assistance dog, of any of the advantages, facilities or privileges provided in subsection (a) of this section, nor charge the person or training a fee or charge for the dog.
(ORC 955.43(A), (B))
   (c)   As used in this section:
      (1)   “Assistance dog” means a dog that has been trained by a nonprofit or for-profit special agency and that is one of the following:
         A.   A guide dog;
         B.   A hearing dog;
         C.   A service dog.
      (2)   “Blind” means either of the following:
         A.   Vision 20/20 or less in the better eye with proper correction;
         B.   Field defect in the better eye with proper correction that contracts the peripheral field so that the diameter of the visual field subtends an angle no greater than twenty degrees.
      (3)   “Guide dog” means a dog that has been trained or is in training to assist a blind person.
      (4)   “Hearing dog” means a dog that has been trained or is in training to assist a deaf or hearing-impaired person.
      (5)   “Institutions of education” means:
         A.   Any state university or college as defined in Ohio R.C. 3345.32;
         B.   Any private college or university that holds a certificate of authorization issued by the Ohio Board of Regents pursuant to Ohio R.C. Chapter 1713;
         C.   Any elementary or secondary school operated by a board of education;
         D.   Any chartered or nonchartered nonpublic elementary or secondary school; or
         E.   Any school issued a certificate of registration by the state Board of Career Colleges and Schools.
      (6)   “Person with a mobility impairment” means any person, regardless of age, who is subject to a physiological impairment regardless of its cause, nature or extent that renders the person unable to move about without the aid of crutches, a wheelchair, or any other form of support, or that limits the person’s functional ability to ambulate, climb, descend, sit, rise, or perform any related function. The phrase includes a person with a neurological or psychological disability that limits the person’s functional ability to ambulate, climb, descend, sit, rise or perform any related function. The phrase also includes a person with a seizure disorder and a person who is diagnosed with autism.
      (7)   “Service dog” means a dog that has been trained or is in training to assist a person with a mobility impairment.
         (ORC 955.011(B), 955.43(C))
   (d)   Whoever violates any provision of this section shall be guilty of a misdemeanor of the fourth degree. (ORC 955.99(D))
   505.99 PENALTY.
   (EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)