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Westlake Overview
Codified Ordinances of Westlake, OH
CODIFIED ORDINANCES OF THE CITY OF WESTLAKE, OHIO
CERTIFICATION
DIRECTORY OF OFFICIALS
ADOPTING ORDINANCE NO. 1993-48
EDITOR'S NOTE
COMPARATIVE SECTION TABLE
TABLES OF SPECIAL ORDINANCES
CHARTER
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 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 523 Picketing
CHAPTER 525 Law Enforcement and Public Office
CHAPTER 529 Liquor Control
CHAPTER 531 Noise Control
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
PART SEVEN - BUSINESS REGULATION CODE
PART NINE - STREETS, UTILITIES AND PUBLIC SERVICES CODE
PART ELEVEN - PLANNING AND PLATTING CODE
PART TWELVE - ZONING CODE
PART THIRTEEN - BUILDING CODE
PART FIFTEEN - FIRE PREVENTION CODE
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505.08 UNSANITARY CONDITIONS; ODORS.
   (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 Municipality 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 Municipality. 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.
   (b)   Whoever violates this section is guilty of a minor misdemeanor.
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; EXCEPTIONS.
   (a)   Except as provided in division (c) of this section, no person shall hunt game animals, game birds or other animals or birds within the City. No person shall hunt, kill, wound or attempt to hunt, kill or wound any such game animal, game bird or other animal, bird or creature of any kind by means of or the use of firearms of any type or description, or any other means that may endanger life and safety or damage or destroy property of any kind.
   (b)   No person shall trap by the use of clam-type traps or similar devices game animals, game birds or other animals or birds within the City.
(Ord. 2017-129. Passed 11-16-17.)
   (c)   The City may utilize sharpshooters to cull white-tailed deer as part of a City Deer Management Program. Sharpshooters may use firearms as approved by the Chief of Police or his designee. Culling may take place on city-owned land and on private parcels at the request of the property owner, provided all of the following conditions apply:
      (1)   The Chief of Police, or his designee, has determined that such sharpshooting can be conducted safely on such property; and
      (2)   Such sharpshooters are safety forces approved by the Chief of Police or his designee, who have been tested for firearm proficiency or have been certified by a Federal or State agency; and
      (3)   Such culling has been approved by the Ohio Department of Natural Resources, Division of Wildlife.
(Ord. 2017-129. Passed 11-16-17.)
   (d)   Whoever violates any of the provisions of this section is guilty of a misdemeanor of the first degree.
(Ord. 2015-121. Passed 11-5-15.)
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 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 REPORT OF ESCAPE OF EXOTIC OR DANGEROUS ANIMAL.
   (a)   The owner or keeper of any member of a species of the animal kingdom that escapes from his custody or control and that is not indigenous to this State or presents a risk of serious physical harm to persons or property, or both, shall, within one hour after he discovers or reasonably should have discovered the escape, report it to:
      (1)   A law enforcement officer of the Municipality and the sheriff of the county where the escape occurred; and
      (2)   The Clerk of the Municipal Legislative Authority.
   (b)   If the office of the Clerk of the Legislative Authority is closed to the public at the time a report is required by subsection (a) hereof, then it is sufficient compliance with subsection (a) hereof if the owner or keeper makes the report within one hour after the office is next open to the public.
   (c)   Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 2927.21)
505.14 DANGEROUS DOGS.
   (a)   Except when a dangerous 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 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 in a building, in a locked pen that has a top, locked fenced yard or other locked enclosure that has a top;
      (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.
   (b)   No owner, keeper or harborer of a dangerous dog shall fail to do the following:
      (1)   Obtain liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence because of damage or bodily injury to or death of a person caused by the dangerous dog if so ordered by a court and provide proof of that liability insurance upon request to any law enforcement officer, County Dog Warden, or public health official charged with enforcing this section;
      (2)   Obtain a dangerous dog registration certificate from the County Auditor pursuant to Ohio R.C. 955.22(I), affix a tag that identifies the dog as a dangerous dog to the dog’s collar, and ensure that the dog wears the collar and tag at all times;
      (3)   Notify the local Dog Warden immediately if any of the following occurs:
         A.   The dog is loose or unconfined.
         B.   The dog bites a person, unless the dog is on the property of the owner of the dog, and the person who is bitten is unlawfully trespassing or committing a criminal act within the boundaries of that property.
         C.   The dog attacks another animal while the dog is off the property of the owner of the dog.
      (4)   If the dog is sold, given to another person, or dies, notify the County Auditor within ten days of the sale, transfer or death.
         (ORC 955.22)
   (c)   Whoever violates subsection (a) hereof is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense. Additionally, the court may order the offender to personally supervise the dangerous dog that the offender 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 subsection (b) hereof. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the Dog Warden or the humane society at the owner’s expense.
   (d)   (1)   Whoever violates subsection (b)(2) hereof is guilty of a misdemeanor of the fourth degree.
      (2)   Whoever violates subsections (b)(1), (3) or (4) hereof is guilty of a minor misdemeanor. (ORC 955.99)
505.15 ANIMAL OWNER LIABLE FOR DAMAGE TO PROPERTY.
   The owner, keeper or harborer of any animal which damages or destroys public or private property shall be held liable for the full value of the property damaged or destroyed in addition to the penalty imposed for a violation of any of the provisions of this chapter.
(Ord. 1972-116. Passed 7-6-72.)
505.16 HARBORING OF BEES; ABATEMENT.
   (a)   It is hereby declared a nuisance for any person to keep or harbor bees which cause damage to the person or property of others.
   (b)   Upon complaint being made, the Mayor is hereby authorized and directed to notify the owner or keeper of the bees to abate the nuisance and to remove the hives or other contrivances where the bees are kept or harbored within ten days after being notified thereof.
   (c)   Whoever violates any of the provisions of this section is guilty of a minor misdemeanor.
505.17 HORSES.
   (a)   Definitions. As used in this section:
      (1)   "Horses" includes ponies, donkeys and mules.
      (2)   "Stable" means any structure or building used for the keeping, lodging or feeding of horses.
   (b)   Location of Stables. Stables shall be located on a lot as an accessory structure and shall be regulated in conformity with Section 1211.04 (f) of the Zoning Code.
   (c)   Minimum Lot Area. No person shall keep any horse on a lot within the City unless such person has a minimum lot area of two acres.
   (d)   Fenced Lot and Stable Required. No person shall keep a horse on any lot within the City unless a fenced corral and a stable to retain such animal are constructed on such lot. The same shall conform to the provisions of Part Twelve - the Zoning Code, especially Section 1211.04 (f)(2).
   (e)   Horses at Large. No person, being the owner, keeper or harborer of a horse, shall permit it to run at large within the City limits. Unauthorized entry by such horse upon any premises shall constitute a running at large within the meaning of this section.
   (f)   Registration of Horses. No person shall stable a horse within the City without registering such horse. Registration shall be made at the office of the Police Department and shall set forth the name, age, breed and any special markings peculiar to such animal, and the name, address and telephone number of the owner and/or keeper of such animal.
   (g)   Sanitary Regulations. All stables, yards and corrals where horses are kept shall be maintained in a sanitary condition. They shall be kept clean and in good repair so as to prevent the breeding of flies and the emission of deleterious and offensive odors.
   (h)   Application of Section. The provisions of subsections (b) and (c) hereof shall apply to all stables erected or constructed after the adoption of this section (Ordinance 1965-36, passed June 3, 1965). The provisions of subsections (d) through (g) herein shall apply to all horses presently or hereafter kept within the City.
(Ord. 1965-36. Passed 6-3-65.)
   (i)   Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor.
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