CHAPTER 505 City of North Olmsted: Animals and Fowl Dogs and other animals running at large

Transcription

1 CHAPTER 505 City of North Olmsted: Animals and Fowl Dogs and other animals running at large Impounding and disposition; records Annual registration of dogs; tags required Abandoning animals Killing or injuring animals Poisoning animals Cruelty to animals generally Cruelty to companion animals Nuisance conditions prohibited Material to remove dog feces Animal bites; reports and quarantine Hunting prohibited; exceptions Coloring rabbits or baby poultry; sale or display of poultry Report of escape of exotic or dangerous animal Rabies vaccination of dogs, cats and ferrets required Lawful costs defined Keeping, maintaining and feeding of wild animals Vicious and dangerous animals Animal fighting prohibited Assaulting or harassing police dog or horse or service dog Domestic farm animals prohibited Penalty. CROSS REFERENCES See sectional histories for similar State law Owner or keeper liable for damages - see Ohio R.C Dog registration - see Ohio R.C Discharging firearms prohibited - see GEN. OFF

2 DOGS AND OTHER ANIMALS RUNNING AT LARGE. (a) No person being the owner or having charge of cattle, sheep, geese, ducks, turkeys, chickens or other fowl or animals shall permit them to run at large upon any public place, or upon any unenclosed lands, or upon the premises of another. (b) No person being the owner of or having charge of any dog, whether wearing a registration tag or not, shall permit it to run at large upon any public place or upon the premises of another. No owner, keeper or harborer of any female dog shall permit such dog to go beyond the premises of such owner or keeper at any time such dog is in heat, unless such dog is properly in leash. The owner or keeper of every dog shall at all times keep such dog either confined upon the premises of the owner or keeper, or if off the premises, leased and under reasonable control of some person. The requirement of this paragraph that a dog be leashed if off the premises of his owner or keeper, shall not apply to the following: (1) A police dog that has been trained, and is assisting a law enforcement officer in the performance of his duties; (2) A dog which is performing at a dog competition or dog show. (c) The running at large of any such animal in or upon any of the places mentioned in this section is prima-facie evidence that it is running at large in violation of this section. (d) The provisions of this section shall not permit a person, being the owner, or in charge or control of any dog to allow such dog to enter, run or remain in any public park or playground even though such dog is accompanied by a responsible person or upon a leash or under such control, except that dogs may be walked on leashes in designated areas of North Olmsted and Clague City Parks, subject to the conditions and limitations set forth in paragraph (f) of Section of the North Olmsted Codified Ordinances. (e) Whoever violates this section is guilty of a minor misdemeanor. (Ord Passed )

3 IMPOUNDING AND DISPOSITION; RECORDS. (a) A police officer or Animal Warden may impound every animal found in violation of Section or If the animal impounded is not wearing a valid registration tag and the owner, keeper or harborer cannot otherwise be reasonably determined immediately, notice shall be posted in the pound or animal shelter both describing the animal and place where seized, and advising the unknown owner, keeper or harborer that, unless the animal is redeemed within three days, it may thereafter be sold or destroyed according to law. If the animal is wearing a valid registration tag or the identity of the owner, keeper or harborer can otherwise be reasonably determined, notice shall be given by certified mail to such owner, keeper, or harbored that the animal has been impounded and unless redeemed within fourteen days of the date of the notice, it may thereafter be sold or destroyed according to law. Any animal seized and impounded may be redeemed by its owner, keeper or harborer at any time prior to the end of the applicable redemption period upon payment of all lawful costs assessed against the animal and upon providing the animal, if required by law, with a valid registration tag if it has none. (b) A record of all animals impounded, the disposition of the same, the owner, harborer or keeper s name and address, where known, and a statement of all costs assessed against the animal shall be kept by the Animal Warden. (Ord Passed )

4 ANNUAL REGISTRATION OF DOGS; TAGS REQUIRED. (a) Except for guide dogs registered under Ohio R.C and dogs kept by an institution or organization for teaching and research purposes under Ohio R.C , 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 (b) Whoever violates this section is guilty of a minor misdemeanor.

5 ABANDONING ANIMALS. (a) No owner or keeper of a dog, cat or other domestic animal shall abandon such animal. (ORC ) (b) Whoever violates this section is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense. (ORC )

6 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. (ORC ) (b) Whoever violates this section, if the value of the animal killed or the injury done amounts to less than three hundred dollars ($300.00), 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 (B))

7 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. (b) Whoever violates this section is guilty of a misdemeanor of the first degree. (Ord Passed )

8 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. (c) Whoever violates this section is guilty of a misdemeanor of the first 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. (Ord Passed )

9 CRUELTY TO COMPANION ANIMALS. (a) As used in this section: (1) "Companion animal" means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept. "Companion animal" does not include livestock or any wild animal. (2) "Cruelty", "torment" and "torture" have the same meanings as in Ohio R.C (3) "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. (4) "Practice of veterinary medicine" has the same meaning as in Ohio R.C (5) "Wild animal" has the same meaning as in Ohio R.C (6) "Federal animal welfare act" means the "Laboratory Animal Act of 1966", Pub. L. No , 80 Stat. 350 (1966), 7 U.S.C.A et seq., as amended by the "Animal Welfare Act of 1970", Pub. L. No , 84 Stat (1970), the "Animal Welfare Act Amendments of 1976", Pub. L. No , 90 Stat. 417 (1976), and the "Food Security Act of 1985", Pub. L. No , 99 Stat (1985), and as it may be subsequently amended. (7) "Dog kennel" means an animal rescue for dogs that is registered under Ohio R.C , a boarding kennel or a training kennel. (8) "Boarding kennel" has the same meaning as in section of the Revised Code. (9) "Training kennel" means an establishment operating for profit that keeps, houses, and maintains dogs for the purpose of training the dogs in return for a fee or other consideration. (10) "Livestock" means horses, mules, and other equidae; cattle, sheep, goats, and other bovidae; swine and other suidae; poultry; alpacas; llamas; captive white-tailed deer; and any other animal that is raised or maintained domestically for food or fiber. (11) "Captive white-tailed deer" has the same meaning as in section of the Revised Code. (12) "Serious physical harm" means any of the following: A. Physical harm that carries a n unnecessary or unjustifiable substantial risk of death; B. Physical harm that involves either partial or total permanent incapacity; C. Physical harm that involves acute pain of a duration that results in substantial suffering or that involves any degree of prolonged or intractable pain; D. Physical harm that results from a person who confines or who is the custodian or caretaker of a companion animal depriving the companion animal of good, wholesome food and water that proximately causes the death of the companion animal. (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 shall knowingly cause serious physical harm to a companion animal. (d) 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 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. (4) Needlessly kill the companion animal; (5) Deprive the companion animal of necessary sustenance, confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, or impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight, if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation,

10 confinement, or impoundment in any of those specified manners. (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, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, 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 is reasonably expected that the companion animal would die or experience unnecessary or unjustifiable pain or suffering as a result of 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 is reasonably expected that the companion animal would die or experience unnecessary or unjustifiable pain or suffering as a result of or due to the lack of adequate shelter. (f) 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. (g) Subsections (b), (c) and (d) and (f) 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 (ORC ) (h) Notwithstanding any section of the 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 political subdivision or the state, whose county humane society or law enforcement agency is to be paid the fine money as determined under this division. The treasurer to whom the fines are forwarded shall pay the fine moneys to the county humane society or the county, township, municipal corporation, or state law enforcement agency in this state that primarily was responsible for or involved in the investigation and prosecution of the violation. If a county humane society receives any fine moneys under this division, the county humane society shall use the fine moneys either to provide the training that is required for humane agents under section of the Revised Code or to provide additional training for humane agents. (i) (1) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the first degree on a first offense and a felony of the fifth degree on each subsequent 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 (d) hereof is guilty of a misdemeanor of the first degree. (4) Whoever violates division (e) of section is guilty of a felony of the fifth degree. (5) Whoever violates division (f) of section is guilty of a misdemeanor of the first degree. (6) A. A court may order a person who is convicted of or pleads guilty to a violation of this section

11 to forfeit to an impounding agency, as defined in Ohio R.C , 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 (7) 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 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 ; Ord Passed )

12 NUISANCE CONDITIONS PROHIBITED. (a) No person shall keep or harbor any animal in the City so as to permit or suffer to be permitted the commission or evidence of a nuisance as hereinafter defined. There is hereby created a presumption whereby any animal which commits, creates or becomes a nuisance as described in subsection (b) below is presumed to have done so with the permission of the owner or person in charge or control of such animal. (b) Any animal which disturbs the peace and quiet, endangers the repose or health of any person or persons, or causes property damage, in any one of the following manners is hereby declared to be a nuisance: (1) By frequently or habitually making loud and offensive noises, including, but not limited to barking, howling, hissing, crying, screaming, screeching, or yelping; (2) By frequently or habitually scratching or digging in, or urinating upon, any lawn, tree, shrub, plant, building or any other property, public or private, other than the property of the owner or person in charge or control of such animal, thereby causing damage to said lawn, tree, shrub, plant or building; (3) On any occasion, when the animal is found on the property of another or upon public property, and is, in an aggressive manner, threatening to attack, or has attacked, any human being; (4) By the accumulation of animal waste so as to create noxious or offensive odors or unsanitary conditions that cause a risk to the health, safety or public welfare; or (5) By defecating 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. (c) On complaint of any person or police officer that an animal, harbored or kept in the City, has disturbed the peace and quiet, endangered the repose or health of any person or persons, or damaged property in any one of the manners specified above, written notice therefor by the Animal Warden shall be given to the person harboring or keeping such animal. Failure to abate the nuisance complained of shall subject the person to the penalty provided for in this section. (d) In the case of defecation, noxious or offensive odors or unsanitary conditions, wherein the owner or person in charge or control of such animal, removes all feces deposited by such animal and disposes of the same in a sanitary manner, such nuisance shall be considered abated. (e) If upon complaint by the person or police officer as provided in paragraph (c) above, the owner, harborer or keeper of the animal cannot be immediately determined, the Animal Warden may seize and impound the animal. Thereafter, the animal shall be kept and disposed of as provided for in Section (f) Whoever violates this section shall be guilty of a minor misdemeanor for a first offense; for each subsequent offense such person shall be guilty of a misdemeanor of the fourth degree. (Ord Passed )

13 MATERIAL TO REMOVE DOG FECES. (a) No person shall walk, or otherwise have in his or her custody or control, any dog upon any public property, including streets, sidewalks, public parks, parkways and alleys, unless the person has in his or her possession, and in plain view, readily usable materials or implements sufficient to remove and to dispose of lawfully any fecal matter that may be deposited on the ground by the dog. (b) Any person violating this section shall be guilty of a minor misdemeanor, which shall be punishable by a fine of fifty dollars per violation. (Ord Passed )

14 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.

15 HUNTING PROHIBITED; EXCEPTIONS. (a) Except as provided in subsection (b) and (d) hereof, 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) The City may utilize firearms-trained personnel to cull white-tailed deer upon property owned or managed by the City or upon private property with permission, provided that: (1) The Chief of Police or his designee has determined that such culling can be safely conducted on such property; and (2) Such personnel are employed by or associated with a federal agency, state agency or local law enforcement agency; and (3) Such culling has been approved by the Ohio Department of Natural Resources, Division of Wildlife. (c) No person shall, for the purpose of hindering or preventing the lawful culling of white-tailed deer pursuant to subsection (b) hereof, knowingly engage in any of the following conduct: (1) Block, obstruct, impede or attempt to block, obstruct or impede a person lawfully engaged in such culling; (2) Erect a barrier with the intent to deny ingress or egress from the areas where such culling is lawfully being conducted; (3) Make or attempt to make unauthorized physical contact with or in any way interfere with a person lawfully engaged in such culling; or (4) Make or attempt to make loud noises or gestures, set out or attempt to set out animal baits, scents, lures or human scent, use any other natural or artificial visual, aural, olfactory or physical stimuli, or engage in or attempt to engage in any other similar action or activity in order to interfere with such culling. (d) The prohibition set forth in subsection (a) hereof shall not apply to deer culling population management programs sponsored by and conducted on land owned or managed by the Cleveland Metropolitan Park District. (e) The prohibitions set forth in Section (c) (Prohibition against Feeding Wild Animals) of the North Olmsted Codified Ordinances shall not apply to deer culling population management programs conducted by the City of North Olmsted or the Cleveland Metropolitan Park District. (f) Whoever violates this section is guilty of a misdemeanor of the first degree and shall be subjected to applicable penalties as established in Section (Ord Passed )

16 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 six. 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 ) (b) Whoever violates this section is guilty of a minor misdemeanor.

17 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 )

18 RABIES VACCINATION OF DOGS, CATS AND FERRETS REQUIRED. (a) Any person owning, keeping or harboring any dog, cat or ferret four months of age or older shall be required to have such animal currently immunized against rabies by a licensed veterinarian, in accordance with the regulations of the Cuyahoga County Board of Health. (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 (Ord Passed )

19 LAWFUL COSTS DEFINED. The lawful costs referred to in Section , which the City shall assess to the owner, keeper, or harborer of an animal impounded by a police officer or the Animal Warden, shall be each of the following: (a) Ten dollars ($10.00) per day, as room and board, for each day or part of a day which the animal spends at the City s kennel; and (b) Any medical, veterinary, or other charges or bills directly paid or incurred by the City as a result of impounding said animal. (Ord Passed )

20 KEEPING, MAINTAINING AND FEEDING OF WILD ANIMALS. (a) Definition "Wild Animal". Any living wild or potentially dangerous mammal, reptile, fowl, or other animal species which is not naturally tame or gentle, but is of a wild nature or disposition and not customarily domesticated. A wild animal shall include, but not be limited to: (1) All poisonous snakes and constricting snakes exceeding six feet. (2) Bears (Ursidae). (3) Cheetahs (Acinonyx jubatus). (4) Coyotes and coyotes-dog hybrids (Canids). (5) Hyenas (Hyaenides). (6) Jaguars (Panthera onca). (7) Leopards (Panthera pardus). (8) Lions (Panethera leo). (9) Lynxes (lynx). (10) Pumas, also known as cougars, mountain lions and panthers (Felis concolor). (11) Primates (non-human), apes, monkeys, baboons, chimpanzees, gibbons, gorillas, orangutans, siamangs. (12) Tigers (Panthera tigris). (13) Wild cats, ocelot, margay, servral, leopard cat. (14) Wolves. (15) Raccoons, opossums, bats, and skunks. (16) Deer. (b) Prohibition against Keeping and/or Maintaining Wild Animals. No person shall display, maintain or in any other manner keep a wild animal, either inside or outside a structure, within the City, with the following exceptions: (1) Any fish or similar aquatic vertebrates bred to remain, and to be kept and maintained, in an indoor tank of water. (2) Any domestic, non-farm animal including, but not limited to dogs or cats. (3) Birds. (c) Prohibition against Feeding Wild Animals. (1) It shall be unlawful for any person or persons to feed any wild animals within the City, including but not limited to, those identified herein at Sections (a), (4), (5) and (6). Feeding wild animals by placing food directly on the ground or in an unsealed container at any level shall be deemed a per se violation of this section. "Food" as used in this section is any vegetable or plant material of any kind, with the exception of vegetable or plant material actually rooted in the ground or plant or vegetable seed placed in a sealed container with controlled dispensing to feed wild birds. "Food" as used in this section further includes any butchered animal product, whether such product was prepared for human consumption or not. (2) It shall be unlawful for an owner or occupier of premises to permit any activities or conditions prohibited in this Chapter to exist on their premises. (3) No person shall feed deer. Nor shall any person make food available for consumption by deer. (d) Any person violating any of the prohibitions of this section shall be deemed guilty of a misdemeanor of the fourth degree for the first offense. For the second and subsequent violations of this section, the violator shall be deemed guilty of a misdemeanor of the third degree. This is a strict liability criminal offense. No person shall make food available for consumption under Section (c)(1). It shall not be an element of the offense to show that any wild animal actually consumed such food. In addition, the court may order, at the violator's expense, that the wild animal be transferred to an appropriate zoological or similar facility. If this is not practical, as an alternative, the court may order, again at the violator's expense, that the wild animal be humanely destroyed by a qualified veterinarian. (Ord Passed )

21 VICIOUS AND DANGEROUS ANIMALS. (a) Definitions. The following definitions shall apply in the interpretation and enforcement of this section: (1) "Director of Public Safety" means the City official holding said title and includes any authorized designee, such as public safety or service employees acting in accordance with general directives or specific orders issued by the Director pursuant to authority vested herein. (2) "Vicious animal" means any animal which represents a danger to any person(s), or to any other domestic animal, for any of the following reasons: A. Any animal that kills or causes serious physical harm (as defined in Ohio R.C (E)) to any person or domestic animal. B. Any animal which bites or causes physical harm to any person or domestic animal while off the premises of the owner on more than one occasion. C. Any pit bull, canary dog or American bull dog, as defined below. D. Any wolf-hybrid. E. "Vicious animal" does not include a police dog that has inflicted any harm specified in this subsection if such police dog is being used to assist one or more law enforcement officers in the performance of their official duties. (3) "Dangerous animal" means any animal, but not a "vicious animal" as defined above, which has either: A. Bitten any person, or B. Without provocation, chased or approached in either a menacing fashion or in an apparent attitude of attack, or otherwise acted in a manner which substantially endangered the physical health and safety of, any person, while the animal was not physically confined in a locked pen which has a top, a locked fence yard, or other locked enclosure which has a top. (4) "Owner" means any person owning, keeping, possessing, harboring, maintaining, or having the care, custody or control of an animal. (5) "Menacing fashion" means actions by an animal that would cause a person of ordinary sensibilities to reasonably believe that the animal intended to cause serious physical harm to that person and was capable of causing serious physical harm. (6) "Pit bull" means any Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains, as an element of its breeding, the breed of Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier as to be identifiable as partially of the breed of Staffordshire Bull Terrier, American Pit Bull Terrier, or American Staffordshire Terrier. (7) "Canary Dog" means any Canary Dog or Perro de Presa Canario, or any mixed breed of dog which contains, as an element of its breeding, the breed of Canary Dog or Perro de Presa Canario as to be identifiable as partially of the breed of Canary Dog or Perro de Presa Canario. (8) "American Bulldog" means any American Bulldog or Old Country Bulldog, or any mixed breed of dog which contains, as an element of its breeding, the breed of American Bulldog or Old Country Bulldog as to be identifiable as partially of the breed of American Bulldog or Old Country Bulldog. (b) Vicious and/or Dangerous Animals. The Director of Public Safety may enter an order declaring any animal to be a "vicious animal" and/or "dangerous animal" which qualifies as defined in subsection (a) (2) and/or (3) hereof. (1) The Director of Public Safety shall cause a copy of his order served upon the owner of any animal declared to be a vicious and/or dangerous animal, notifying them of such designation. The order shall further specify the reasonable steps to be taken to properly house, confine, and control the animal. (2) Any owner of a declared vicious or dangerous animal may appeal the Director's orders and the conditions imposed by the order to the Mayor within five days of being served with such order. (c) Notification Procedure for "Vicious Animals" and/or "Dangerous Animals". The Director of Public Safety shall cause written notice to be served upon the owner of any suspected "vicious animal," and/or "dangerous animal" notifying them of the nature of the complaint against the animal and the time, date, and location of the Determination Hearing required by subsection (d) hereof. Such notice shall further specify the appropriate means of confinement for the animal pending the issuance of findings from the Determination

22 Hearing. The place of confinement may be, if suitable in the opinion of the Director of Public Safety, the premises of the owner, a veterinary hospital, a boarding kennel, the City Kennel, or an animal shelter approved by the Director of Public Safety. The Director of Public Safety may order and cause the animal to be removed from the premises of the owner, harborer or keeper, and placed in a suitable place of confinement without the permission of the owner. All animals held in confinement shall be boarded and cared for at the expense of the owner. If an animal is kept at the City Kennel, charges shall be assessed against the owner in accordance with the provisions of Section and (d) Determination Hearing for "Vicious Animals" and "Dangerous Animals". A Determination Hearing shall be conducted by the Director of Public Safety whenever there is a cause to believe that an animal may be a "vicious animal" and/or "dangerous animal" as described in subsection (a)(2) and/or (3) hereof. (1) The Determination Hearing shall be conducted within ten days after serving notice to the owner. (2) The Director of Public Safety shall determine whether to declare the animal to be a "vicious animal" and/or "dangerous animal" based upon evidence and testimony presented at the time of the hearing by the owner, witnesses to any incident(s) which may be considered germane to such determination, the City personnel, police, or any other person possessing information pertinent to such determination. (3) If the Director of Public Safety determines that the animal is a "vicious animal" and/or "dangerous animal" he may order the following: A. The animal may be ordered destroyed by a suitable and humane method at the expense of the owner. B. The animal may be ordered confined permanently under any conditions which the Director of Public Safety determines sufficient to protect the public and/or other domestic animals. (4) The Director of Public Safety shall either dismiss the complaint or enter an order declaring the animal to be a "vicious animal" and/or "dangerous animal" within three days after the completion of the Determination Hearing. (5) The owner shall have the right to appeal the Director's order to the Mayor within five days of being served with such order. (e) Appeal to the Mayor. Any order of the Director of Public Safety appealed to the Mayor pursuant to subsections (b)(2) or (d)(5) hereof, shall be heard by the Mayor within thirty days of the date of the filing of the appeal with the Mayor. Filing of such appeal shall not stay any notice or order of the Director of Public Safety issued pursuant to this section. (f) Registration of Pit Bulls, Canary Dogs, American Bulldogs, Wolf-Hybrids and Vicious Animals. No person shall own, harbor, care for, or control a pit bull, wolf-hybrid or other animal defined or determined to be a "vicious animal" and/or "dangerous animal", within the City until such animal has been first registered with the Director of Public Safety. Persons presently owning, harboring, or caring for a Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or vicious animal in the City shall register such animal within thirty (30) days following the effective date of this section. The fee for such initial registration shall be fifty dollars ($50.00) and registration must be renewed thereafter annually at the same fee amount. The Director of Public Safety shall at the time of registration arrange to inspect the animal or have the animal inspected by a licensed veterinarian and shall thereafter impose terms of confinement and other appropriate conditions to minimize the risk of danger to the community posed by the animal. Such conditions shall be imposed after the owner or other person having control of the animal has been afforded an opportunity to be heard pursuant to subsections (d) and (e) above. (g) Insurance Requirement. Any person owning, harboring or having the care or control of any Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or vicious animal or dangerous animals shall maintain a policy of liability insurance providing coverage in each occurrence in an amount not less than one hundred thousand dollars ($100,000) and insuring such person against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts of the animal. Such person shall produce evidence of such insurance at the time of registering the animal with the Director of Public Safety and upon the request of any law enforcement officer. (h) Posting of Sign and Containment Requirements. (1) Any person owning, harboring or having the care or control of any Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or vicious animal or dangerous animal must post on the premises, in a conspicuous place and visible from the right of way, a sign approved by the Director of Public Safety warning visitors of the danger posed by the animal on the premises. The sign shall be maintained on the premises for so long as the

23 Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or vicious animal remains on the premises. (2) Any person owning, harboring or having the care, custody or control of a Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or vicious animal or dangerous animal within the City, on public or private property, shall contain such animal in strict compliance with the following: A. When the vicious or dangerous animal is on the premises of the owner, keeper or harborer, securely confine it at all times in either a structure, a locked pen that has a top, a securely and well maintained locked and fenced yard area with minimum fence height of six feet, or other locked enclosure that has a top. B. When the vicious or dangerous animal is off the premises of the owner, keeper or harborer, keep that animal on a chain-link leash or tether that is not more than six feet in length and, at all times, have that leash or tether controlled by a person who is of suitable age and discretion to control the animal. (i) Prohibitions. No person shall: (1) Sell or permanently transfer: A. A declared dangerous animal without first notifying in writing the Director of Public Safety of his intent, B. A "vicious animal" without first obtaining the written permission of the Director of Public Safety. (2) Fail to comply with or otherwise violate: A. Any order of the Director of Public Safety declaring any animal to be a dangerous animal issued pursuant to subsection (b) hereof; B. Any written notice regarding any suspected vicious animal issued by the Director of Public Safety pursuant to subsection (c) hereof; C. Any order of the Director of Public Safety declaring any animal a vicious animal issued pursuant to subsection (d)(3) hereof. (3) Own, keep, possess, harbor, maintain, or have the care, custody or control of a Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or vicious animal or dangerous animal, and shall be strictly liable, if such animal, with respect to any of the following, is at any time found to: A. Be at large within the City unless securely attached upon a leash held in the hand of a person of suitable age and size, and in a manner which continuously controls the dog. B. Snap at or attempt to bite or attempt to cause physical harm to any other person, domestic animal or feline, while the dog is off the premises of the owner, or while on premises which are not exclusively controlled by the owner. C. Cause physical harm to the property of another while the dog is off the premises of the owner, or while on premises which are not exclusively controlled by the owner. D. Bite or otherwise cause physical harm to any person, domestic animal, or feline, while the dog is off the premises of the owner, or while on premises which are not exclusively controlled by the owner. E. Bite or otherwise cause physical harm to mail carriers, utility workers, City of North Olmsted employees, delivery persons, or any police or emergency persons while the dog is on the premises of the owner or the premises under the control of the owner. F. Cause serious physical harm to any person, unless the dog: 1. Was being teased, tormented or abused by a person, or 2. Was coming to the aid or defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means to carry out illegal or criminal activity; 3. Caused serious physical harm to any person while such person was committing or attempting to commit a criminal trespass or other criminal offense on the premises of the owner, keeper or harborer of the dog. G. 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 division Section (G) of the Ohio Revised Code that the person's dog is not a vicious dog or otherwise provide false information on that written waiver form. (4) It shall be an affirmative defense to a violation of paragraph (i)(3) above that the animal was: A. Securely confined in an automobile or cage which was adequately ventilated; or

24 B. Being exhibited at a public dog show, zoo, museum or public institution. (5) No person shall own, keep, possess, harbor, maintain or have the care, custody or control of a Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or vicious animal within the City after such animal has been ordered by the Director of Public Safety or a court of competent jurisdiction to be banned from the City or destroyed. (6) No parent or other guardian shall permit or negligently suffer a minor under the age of seventeen (17) years to walk a Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or vicious animal, with a leash or otherwise, while off the premises of the person who keeps, possesses, harbors, maintains, or has the care, custody or control of the said animal. (7) No person shall own, keep, possess, harbor, maintain or have the care, custody or control of a Pit Bull, Canary Dog, American Bulldog, Wolf-Hybrid or vicious animal or dangerous animal within the City, on public or private property, unless or until all of the registration, insurance, signage, containment and other requirements of this Section have been fully satisfied, documented, posted, installed, or otherwise established and evidence in accordance with registration and inspection procedures established by the Director of Public Safety. (j) Penalties. (1) A violation of any of the provisions of this section shall constitute a first degree misdemeanor. In addition to imprisonment and fines, any person convicted of a violation of a provision of paragraph (i)(3) above shall be ordered by the court to fully reimburse any victim who, as a direct and proximate result of the said violation, incurred medical or other out-of-pocket expenses on behalf of himself, any member of his family, or any family pet. (2) In addition to the foregoing criminal penalties, the Director of Law, following a violation of any provision of this section and upon the written recommendation of the Director of Public Safety, is authorized to apply to a court of competent jurisdiction to obtain an order seizing such animal, banning such animal from the City, having such animal destroyed, or other appropriate order to protect the health and safety of residents of North Olmsted. (3) In addition, the court may order the offender to personally supervise the vicious or dangerous animal 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. The court, in the alternative, may order the vicious or dangerous animal to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society. (Ord Passed )