Loading...
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.)
(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.
(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.
(a) Definitions.
(1) "Chickens" and "fowl" include chickens, ducks, geese and any other similar type of fowl.
(2) "Domestic farm animals" includes sheep, goats, cattle, swine, rabbits and any other similar type of animal but does not include horses.
(b) Minimum Lot Area. No person shall keep any chickens or domestic farm animals on a lot within the City unless such person has a minimum lot area of two acres.
(c) Location of Structures. Any structure used to house chickens, fowl or domestic farm animals shall conform to all Code requirements and shall be located not less than twenty feet to the rear or side yard line and not less than 200 feet from any existing residence on an adjacent property.
(d) Sanitary Regulations. All yards and structures used to house or keep chickens, fowl or other domestic farm animals 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.
(e) Application of Section. The provisions of this section shall apply to all yards and structures existing upon the effective date of this section not in conformity with the requirements of this section as of June 1, 1980, whereupon any keeping of chickens, fowl or other domestic farm animals or all other structures used therefor, shall be discontinued or brought in conformity with these regulations immediately upon this section becoming effective.
(f) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor.
(Ord. 1979-177. Passed 11-1-79.)
(a) Any animal which defecates upon any lawn, tree, shrub, plant, building or any other public or private property, other than the property of the owner or person in charge or control of such animal, 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 commit, create or become a nuisance as described in subsection (a) hereof. Where a person being the owner or 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 deposited by such animal and disposes of the feces in a sanitary manner in a proper receptacle, the nuisance shall be considered abated, and such person shall not be deemed to have violated the provisions of this subsection as it pertains to defecation.
(c) 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.
(d) No person being the owner or person in charge or control of any animal shall permit the accumulation of feces upon the property where the animal is kept. The owner or person in charge or control of the animal shall maintain the property where the animal is kept in a clean and sanitary condition by the regular removal of the feces in a proper sealed sanitary receptacle.
(e) There is hereby created a presumption whereby any animal which commits, creates or becomes a nuisance as described in subsection (a) hereof, or commits or creates a nuisance as described in subsection (c) hereof, is presumed to have done so with the permission of the owner or person in charge or control of such animal.
(f) Whoever violates any of the provisions of this section is guilty of a minor misdemeanor for a first offense; for each subsequent offense such person is guilty of a misdemeanor of the fourth degree.
(Ord. 1989-268. Passed 3-15-90.)
(a) No person shall own, harbor or keep a wild or dangerous or undomesticated animal within the City.
(b) “Wild or dangerous or undomesticated animal” means an animal whose natural habitat is the wilderness and which, when maintained in human society, is usually confined to a zoological park and which:
(1) Is a venomous snake or is a snake that is a constrictor; or
(2) Is an omnivorous or carnivorous animal that weighs more than twenty-five pounds and which is a predator in its natural habitat; or
(3) Is an animal which, by reason of its size, strength, or appetite, would, if unrestrained and free in the City, cause peril to persons, household pets, buildings, landscape or shrubbery; or
(4) Includes, but is not limited to the following: lion, tiger, lynx, mountain lion, jaguar, cheetah, leopard, panther, bear, wolverine, elk, moose, caribou, elephant, giraffe, rhinoceros, hippopotamus, wolf, wild ox, boar, crocodile, alligator, caiman or gavial.
(c) This section shall not apply to the keeping of such animals in a bonafide veterinary hospital for emergency treatment.
(d) Whoever violates this section is guilty of a misdemeanor of the fourth degree for a first offense. For a second offense within one year after the first offense, such person is guilty of a misdemeanor of the first degree.
(e) In addition to the penalty provided for in subsection (d) hereof, upon a determination by the Court that any animal defined is a serious threat to the health and safety of the community, the Court may order the owner or person in possession of such animal to forthwith remove such animal from the City. No person shall fail to comply with such order. If such animal is not so removed in compliance with such order, the Court may order the Chief of Police to cause such animal to be impounded or destroyed.
(Ord. 1995-150. Passed 11-16-95.)
(a) Any person owning, keeping or harboring any dog or cat over the age of three months shall be required to have such animal currently immunized against rabies by a licensed veterinarian.
(b) All owners or keepers as described in subsection (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 subsection (a) hereof is guilty of a misdemeanor of the fourth degree. Whoever violates subsection (b) hereof is guilty of a minor misdemeanor. Punishment shall be as provided in Section 505.99.
(Ord. 1997-196. Passed 12-4-97.)
(a) Definitions. In this Section, “food” means corn, fruit, oats, hay, wheat, alfalfa, salt or mineral blocks, grain, vegetables, human food scraps, commercially sold wildlife feed, birdseed, or livestock feed. “Food” does not include shrubs, live crops, plants, flowers, vegetation, gardens, trees, and fruit or nuts that have fallen from trees to the ground.
(b) Feeding of Deer Prohibited. No person shall intentionally feed deer or make food available for consumption by deer on private or public property within the City of Westlake. A person shall be presumed to have intentionally fed deer, or made food available for consumption by deer, if the person places food or causes food to be placed on the ground or any alternative feed venue outdoors other than bird feeders.
(c) Affirmative Defense. It is an affirmative defense to prosecution under this section if a person places food, in good faith, for the purpose of feeding domestic animals owned and located on the involved property.
(d) Penalty. Whoever violates this section shall receive a warning on the first offense, and is guilty of a minor misdemeanor on subsequent offenses. Penalty shall be as provided in Section 505.99
.
(Ord. 2015-148. Passed 11-19-15.)
(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))
Loading...