(a) Definitions. For purposes of this legislation, the following definitions apply:
(1) “Abandoned cat” means a domesticated cat that an owner has forsaken entirely, neglected, or refused to provide with sufficient care and support.
(2) “Feral cat” means a cat that is born in the wild, or is the offspring of a domesticated or feral cat, and is not socialized.
(3) “Feral cat colony” mean a group of cats that congregate, more or less together as a unit.
(4) “Nuisance” means conduct by stray or feral cats that disturb the peace. Conditions of nuisance created by cats include (but are not limited to) cats habitually or continually howling, crying, or screaming or cats destroying, desecrating, or soiling property against the wishes of a property owner.
(b) Control and Regulation of Cats.
(1) It shall be unlawful for any person, firm, corporation, or entity to keep, harbor, or feed feral cat colonies within the municipal corporation limits of the Village of Woodsfield.
(2) The owner of domesticated cats shall supply appropriate and adequate food, water, and shelter for their cats.
(3) The owner of a domesticated cat shall exercise the necessary care to guard against the creation of a nuisance by the cat.
(4) The owner of a domesticated cat (whether spayed or neutered) shall not permit the owner’s cat to roam off the premises of the owner’s property.
(5) An owner shall not abandon a domesticated cat.
(6) A violation of any of the above provisions shall carry a fine of up to one hundred dollars ($100.00).
(Ord. 1107-2009. Passed 10-19-09.)
(Ord. 1107-2009. Passed 10-19-09.)
(c) Regulation and Removal of Cats. If no issue of public health, safety or nuisance exists, and a person can arrange to have the cat(s) spayed or neutered, ear-tipped, vaccinated against rabies by a licensed veterinarian, and have EAID inserted and then arranged for adoption. The Village of Woodsfield retains the right to humanely trap and remove cats which create public health, safety or nuisances concerns. (Ord. 1201-2016. Passed 11-7-16.)
(d) Notice from Police Department; Reimbursement from Property Owner. The Woodsfield Police Department shall give a property owner 10 (ten) calendar days notice to remove any cat(s) that create(s) a nuisance. Failure of the property owner to remedy the nuisance shall result in issuance of a citation and grounds for the Village to remove said cat(s) and charge to the property owner all reasonable expenses incurred in removal of such cat(s).
(e) Compliance with Open Meetings Law. It is found and determined that all formal actions of the Woodsfield Village Council concerning and relating to the passage of this ordinance were passed in an open meeting of this Council, and that all deliberations of the Council and of any of its committees that resulted in such formal action were during meetings open to the public, in compliance with all legal requirements, including Ohio R.C. 121.22.
(f) Severability. If any provision of this section, or the application of this section to any person or circumstance, is held invalid, the invalidity shall not affect other operation or applications of the provision or related provisions which can be given effect without the invalid provision or application, and to any such extent the provisions are severable.
(g) Pre-emption and Supersession. This section shall supersede and control any prior conflicting or contrary provisions of the Woodsfield Village Code.
(Ord. 1107-2009. Passed 10-19-09.)