(Mayor Douglas E. Davidson) CITY OF KIRTLAND ORDINANCE NUMBER 16-0-60 AN ORDINANCE AMENDING CHAPTER 618 OF: CODIFIED ORDINANCES OF THE CITY OF KIRTL: RELATING TO ANIMALS. WHEREAS, the Police and Fire Standing Commiitee%PCouncil has conducted an extensive review of Chapter 618 relating to animals and, based upgfpncidents that have occurred within the city and the need to more effectively protect the“public health ‘and welfare, has provided recommendations to Council for amending this Chapters and. > WHEREAS, this Council has determined that Chapter 618 and that the currently existing Chapter 618 of the Codified Ordinan be repeated and replaced. [guld be amended ints entirety, Chapter 618 i hereof, as rs (ON Ut: @ relating to hep sage of this Ordinance were passed in an open meeting of this Council and that all deliber ation’ ¢ if this Council and any of its committees that resulted in such formal action were in meetings open to the public, in compliance with all legal requirements including Section 121,22 of the Ohio ReyFirst Reading: Second Reading: Third Reading: DATE PASSED: _ Submitted (o the Mayor for his Approval on this tSaEgeREEESHE ESET ATTEST: day of 2016, (Mayor Davidson) (No. 16-0-60) Page 2 Clerk of Council ‘eed Cin Mayor ‘Douglas E. DavidsonBxhibit CHAPTER 618: ANIMALS Section 618.01 Dogs and other animals running at large 618.02 Abandoning animals. 618.03 Killing or injuring animals, é 618.04 Poisoning animals. o 618.05 Cruelty to animals; cruelty to companion animals” i 618.06 Coloring rabbits and baby poultry; sale or disply of poultry. 618.07 Barking or howling dogs. 618.08 Registration of dogs required. 618.09 Hindering capture of unregistered dog” 618.095 Dogs required to wear tags. 618.10 Unlawful tags. 618.11 Rabies quarantine, 618.12 Hunting limited. 618.13 ‘Nuisance conditions prohibited. 618.14 mpounding and spd (ion; reeprds,_ 618.15 Birds. gy — 618.16 Reporting escapes. (Repeiied) ar a 618.17 Restrictions on dog ownership for eéétain com spteons 618.18 Nuisance, Dangerous, and Wigiou Togs ~ Defititfons and Ownership 618.19 Designation of Nuisance, Dangerous and Viciotis Dogs 618.20 nindm@nt of a Dog for Public Safety 61821 __Aeonfining, Resaining, Debarkily Nuisance, Dangerous and Vicious Dogs 618.22 C Sn Nujsinee Dog Classifitatig 618.23 Control of Nufsance Dogs . 618.24” “Dog Classified BYAnother Jurisdiction 618.25 Objection Hearings - 618.26 Dai srs and Vicious Dog Ownership Restrictions 7 —_«Bxeiniptigns S "ERENCES ssaulting poli¢e dog or horse or assistance dog - see GEN. OFF. 642.08 eine énerally - sec GEN. OFF. 606.01 Diving animals upon roadway - see TRAF. 404,04, 412.05 onsive odors from places where animals are kept or fed - see GEN. OFF, 660.04 Jbdwer to resirain and impound animals - see Ohio R.C. 715.23 ee section histories for similar state law$618.01 DOGS AND OTHER ANIMALS RUNNING AT LARGE (@) No person, who is the owner or keeper of cats, horses, mules, cattle, bi pe >, goats, swine, llamas, alpacas, geese, or other domesticated animal shall permit themsforfun at large: in the public road, highway, street, lane, or alley, or upon unenclosed land, or caus agri to be hertied, kept, or detained for the purpose of grazing on premises other than’ those owned or lawfully occupied by the owner or keeper of the animals. (ORC 951.02) : (6) No owner, keeper or harborer of any female dog, api it it to go beyond premises of the owner, keeper or harborer at any time the dog is jn heat unless the dog is properly in leash. (©) Except when a dog is lawfully engeged:in hunting and aecompanied by the owner, Keeper, harborer, or handler of the dog, no owner, Keeper Ssharborer,of day dog shall fail at any time to do either of the following: ‘ é oO (1) Keep the dog physically confined or restraified upon the premises of the owner, keeper or harborer by any of the following means: (1) a ‘oa le tethei@) an adequate locked fence, which fence is locatedfi'the, rear yard with self-closing/Selfslafshing gates on any openings of the fenced yards(4) by’ supervisidiby_a person at least 18 years’ of age of sufficient size and strength to control the dog; (5; ich dog from escaping. or from injuring any person or domest \ a (2) Keep the dog under the reagorable engl one person and restrained by avleash or tether no longer than six (6) feet in length when off the premises of the owner to prevent such dog from enteti i Biivate property, escaping, or from injuring any person or animal. al in or upon any of the places mentioned in @, yy ‘he cumin farae of any such i Ap at large in violation ofthis section this seetidicis prima facie gyjtlence that it is ru & S oe at (e) “Referencés to “age SWaIybite” in Sections 618.01 through 618.26 shall mean any unprovoked bite that causes a physical injury, including bruising, puncture, tearing of the skin, rlaceration, —* Od ~~ or “without provocation” in this Section and Sections 618.21 through,618.22 shall mean that the dog was not: € Being abused, teased, tormented, or physically threatened or injured by a abused or physically threated or injured by an animal; Being aggressively teased or tormented by an animal; Directing its behavior at a trespasser on the property of its owner, keeper, or harborer;(5) Reasonably coming to the defense of a human or domestic animal, the immediate vicinity of the dog and under perceived threat; or A (6) Directing its behavior at some domestic animal that was fu and unattended by some person, g (2) References to “classified dog” in this Section shall meanadog that has-Been . previously classified as a potential nuisance dog, dangerous dog, or-vicious dogypursuant to thi Code, or Similar designation in another jurisdiction, under the proyisionSof Section 955.11 et. seq of the Revised Code or comparable local ordinance. gy (h) Penalty. y qd) Whoever violates this Section, ace dog, is guilty of a minor misdemeanor on the first offic, misdemeanoPof the fourth degree on the second offense, and a misdemeanor of the second degree onthe thiid Or an subsequent offense Whoever violates this Section shall be fined not less than twent¥sfive dollars or more than one hundred dollars on a first offense, and on each subsequent offenisdsghall be fined not less than seventy-five dollars or more than two hundred fifty dollars and nay O imprisofied for not more than thirty days. Be. x @) Nowwithsti Ging Yivision (AJ(L).of this Section, where the animal at large is not a classified dog and the ‘anal aggressively bites a ddmestic animal without prov: result of a violation of this Section, then whoever y tes this S€etion is guilty of a m of the third degree. Additionally, where & violatién’of this Section involves # dog, the court may order the offender to complete dog obedience tfaiifing within & specified period of time and provide written proof thereott6thepolice chief. \. \ \ ‘ %) Notwithstanding division thy {Vo this Section, where the animal at large is 8 a humo provocation as a result of a violation of this seétion, : ction 18 guilty of a misdemeanor of the second degree. ‘Additionally, where a violation ofthis Seétioy involves a dog, the court may order the offender to complete dog obedierice training within a specifie period of time and provide written proof thereof police chief. Ay Dues division ()(1) of this Section, where the animal at large is, not a classified dog and the animal bites a human or domestic animal without provocation and causes sion as defined by 955.11(A)(5) of the Ohio Revised Code, as a result of a violation of thi fection, then whoever violates this Section is guilty of a misdemeanor ofthe frst degree. Additically, where a violation of this Section involves a dog, the court may order the offender to comiplete dog obedience training within a specific period of time and provide written oof thereokg {he police chief. gor R024ABANDONING ANIMALS. 2 (6 No owner or keeper of a dog, cat, or other domestic animal shall abandon the aninhal (ORC 959.01)(b) Whoever violates subsection (a) of this section is guilty of a misdemeanor, of the second degree on a fitst offense and a misdemeanor of the first degree on each subsea} a (ORC 959.99(E)(2)) (@) No person shall maliciously, or willfully and without the eAbsorite ownerkill or injure a dog, cat, or any other domestic animal that is the property. Of another. Phis section do tot apply toa licensed veterinarian acting in on official capacity, 2 (ORC 959.02) > 2 (b) Except as otherwise provided in this subsectiofi whoever violates subsection (a) of 47 this section is guilty of a misdemeanor of the second degisé. If the value of the animal killed or the injury done amounts to three hundred dollars ($300,00) or more, Whaever violates subsection (a) of this section is guilty of a misdemeanor of the first de (ORC 959.99(B)) § 618.03 KILLING OR INJURING ANIMALS. é gy % § 618,04 POISONING ANIMALS. | (@) No person shall mélicigusly, SPwillfully and without the gonsent of the owner, administer poison, except a licefséd veléyinarian actinigin such capacity, toa dog, cat, or any other domestic animal that is the property of nother; and. yo person shall, willfully and without the consent of the owner, place any poisoned food where if may be bond and eaten by any such animal, either upon his or her own lands of the lands of anoth é (ORC 959.03) S : c, : (0) WhBeVeF Wolates subsection (@), of this section is guilty of a misdemeanor of the fourth degree: . . ; ©) v4 seat Y § 618.05 _ Te MALS; @veury TO COMPANION ANIMALS. % (a) No Se shall: (1). ‘TSiture ansgnimal, deprive one of nevessary sustenance, unnecessarily or ‘cruelly beathneedlessly mutilate’or Kill, or impound or confine an animal without supplying it during the confinement with Sufficient ‘quantity of good wholesome food and water; “@) Impound or confine an animal without affording it, during the confinement, access {0 sheliei|from wind, rain, snow, of excessive direct sunlight, if it ean rensonably be xxpected that the Animal would otherwise become sick or in some other way suffer. This subsection joes not apply animals impounded or confined prior to slaughter. For the purpose of this section, Scher” mage m artificial enclosure, windbreak, sunshade, or natural windbreak or sunshade that ig developed from the earth's contour, tree development, or vegetation; “ (@) Carry or convey an animal in a cruel or inhuman manner; €/ — @)_ 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;(6) Detain livestock in railroad cars or compartments longer than 28 hours after they are so placed without supplying them with necessary food, water, and attention, not, permit the stock to be so crowded as to overlie, crush, wound, or kill each other. y > (b) Upon the witten request of the owner ot person in custody of By particula® 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 the livestock may bedetained iany cars or compartment without food, water, and attention may be extended to 36 oo Penalty therefor. Division (a) of this seetion does not prevent the dehorning of cattle. > (6) All fines collected for violations of subsection (a) of:this sectioishall be paid ty the society or association for the prevention of cruelty to 7 isone inthe municipality! 2h. otherwise, all fines shall be paid to the general fund, (ORC 959.13) 7 (a) Cruelty to companion animals. & (1) For the purpose of this section, the:following dé the context clearly indicates or requires a different meaning A. “Boarding kennel.” Has the oy meailing asin R.C. § 956.01 B. “Captive white-tailed deer.” Has.the’same meaning as in R.C. § 1531.01. C. “Companion animal.” Any animal that ¥3,kept inside a residential dwelling and any dog or cat regardless where itis kept, “Companion aim? does not include livestock or any wild animal. 4 "2 Z D. “uty Has the Safe, meaning as in R.G/§ 1717.01 E. Dog keine.” Means jin aimal reseye for dogs that is registered under R.C. § 956.06, a boarding kennel, oh training kennel. >>" F. “Federal Aninal, Welfare Act.22The “Laboratory Animal Act of 1966", Pub. L. No, 89-544, 80 Stat. 350 (1966),7'U.S.C. 2134 €t seq, as amended by the “Animal Welfare Act of 1970" Rub. 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", Pubs{,/No, 99-198, 99 Stat, 1354 (1985) \gnd as it may be subsequently amended. c G. | }Livestock.” Meaiishiorses, mules, and other equidae; cattle, sheep, oatseGrd er bovidae;/avine-and.other suidae; poultry; alpacas; Lamas; captive white-tailed deer; and any other anjnfal that is vaised dtimaintained domestically for food or fiber. Ay wv “Practice of veterinary medicine.” Has the same meaning as in R.C. $4741.01. > structure oP st > “Residential dwelling.” A structure or shelter ot the portion of a helter that is tised.ByYone or more humans for the purpose of a habitation, 5. <$forment.” Has the same meaning as in R.C, § 1717.01 “Torture.” Has the same meaning as in R.C. § 1717.01. \ L. “Wild animal.” Has the same meaning as in B.C. § 1531.01. 2) 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, A(3) No person who confines or who is the custodian or caretaker ofa companion inal shalpéaigenty do any of the following: ‘A. Commit any act by which unnecessary or unjustifiable pain or suffering is caused, petmitted, or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;B. Omit any act of care by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed (0 continue, when there is a reasonable remedy. gel, against the companion animal; 4 av “8 C. Commit any act of neglect by which unnecessary o#4 justifiable) pain or suffering is caused, permitted, or allowed to continue, when there is a resonable remedy or relief, against the companion animal; Ly D. _ Needlessly kill the companion animal; 4 ~ FE, _ Deptive the companion animal of necessary sustenance, confine the ‘companion animal without supplying it during the confinement vith euficient quis of goo wholesome food and water, or impound or confine the companiojyanimal without affording i during the impoundment or confinement, with access to shelter‘frdm heateold, wind, rain, snow of excessive direct sunlight, if it ean reasonably be expected that the companion animal would _¢ become sick or suffer in any other way as a result of on@ué to the deprivation, confinement orf impoundment or confinement in any of those specifiedinanners. © (4) No person shall confine an animal in’, motor sgiidig meer any conditions that endanger the safety or well-being of the animal g (5) No petson shail fail to provide the aninjal/Shelter from the elements if housed outside. : a A. The structure must be completely “ehelosed entrance/exit secured with a flap or doSty:The structure shall be moisture=tesis suitable size and type to allow the-aniihal to Stand, turn about freely, lie in'a normal position, and regulate proper body temperatufg/It SHall be made’of.a durable materidl ‘vith a solid, moisture- proof floor and a floor raised at Feast 2 inthes from ths ground. Proper bedding of straw or si ‘material that remains dry must be utilized inside the’siructure ><, B. Suitable drathage“Shall be progided so that water cannot be reasonable expected to gather and stand within’ 0 feet of the stricture, and so the animal has access toa dry arca at alltimies. “ 6) No petgon shall tether an eat is no owner or occupant present at the premiseg/of between the hours of 11 p.m. andhS.am. Jive tether should be’made of a material that is suitable for the a ALS animalis’siz8 and weight afd aminimum, of twenty feet in length, unless such length would violate other sections iinthis code. ge The tethered animal shall be provided a house or shelter for proteetion fiom sun, Snow, rain or other inclement weather, The animal shall also be provided aecessto.a surface of grag properly drained, with enough area to permit the animal to freely move about withdut risk: —T. or injury. ‘The animal shall also be provided with adequate food and water. “< a A oc. tethered animal shall not be allowed to continuously bark, enter the property of apother or be attached with a prong type, pinch type, or choke type collar, or & collar that will Galtse injury to the animal. (a) No owner, manager, or employee of a dog Kennel who confines ot is the yystodian ot edgétaker of a companion anim shall knowingly do any of the followin A. Torture, torment, needlessly mutilate or maim, cruelly beat, poison, needissly Kill, or commit an act of eruelty against the companion animal y B, __ Deprive the companion animal of necessary sustenance, confine the companion animal without supplying it during the confinement with sufficient quantities of food and water, or impound or confine the companion animal without affording it, during theLf G® impoundment or confinement, with access to shelter ifit is substantially certain that the companion animal would die or experience unnecessary or unjustifiable pain or suffering due tothe deprivation, confinement, or impoundment or confinement in any of those specified antic: (8) No owner, manager, or employee of a dog kennel who confines or i custodian or caretaker of a companion animal shall negligently do any of the following: A. Commit any act by which unnecessary or unjustifiabléspain or suffering is caused, permitted, or allowed to continue, when there is a reasosiable remedy om relief, against the companion animal; : ~ B. Omit any act of care by which unnecessary or fiable pai suffering is caused, permitted, or allowed to continue, when there ig,a reasonable remedy or relief, > against the companion animal; £ * C. Commit any act of neglect by-Svhich unnecessary or unjustifiable <7 pain or suffering is caused, permitted, or allowed to oni, when there is a reasonable remedy: or relief, against the companion animal; 4 cS D. __ Needlessly kill the companior nanimal; E. _ Deprive the companion animal SEnecesstity ‘stistenance, confine the ‘companion enimal without supplying it during the confinement with’ sufficient quantities of good, tyholesome food and water, or impound or confine the companiof animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, id, rain, snow, or excessive direct sunlight if it ean-feasonably be expected that the commpapién animal would become sick or suffer in any oti y 3 ‘aesult of or due to the deprivation, confinement, or ily OF the) impoundment or confinement jrf gt 1ose specified. manners. (9) Divisions (a)(2), (YG), (@)(4) and (@)(S) of this section do not apply to any of the following: ¥ eS 2 A. A companion\aninial’used in scignlific research conducted by an institution in accordance with the Federal Anithal Welfare Aét nd related regulations, BES. The lawful practice of veterinary medicine by a person who has been 5 tEmporary riit or repistralidyeertfeate to do so nkdet RC. Chapter 4741; C. | WDogs being used ‘orintended for use for hunting or field trial Cptovided that the/dogs are being west in eecordance with usa and commonly acceptéx! praetices for the.éule-of hunting dogs: 2 DB. ‘The use-oF Corrimon training devices, if the companion animal is Yecdrdance with usual and commonly accepted practices for the training of 2 . ‘The administering of medicine to @ companion animal that was properly plescribed by a persort Who has been issued a license, temporary permit or registration certificate under R.C. Chapter,A741 0) Notiyithstanding any section of the Ohio Revised Code that other provides for the Yistribution of fine moneys, the Clerk of Court shall forward all fines the Clerk collects that asso imposed for any violation of this division (4) to the Treasurer of the municipality, whose county humane society or law enforeement agency is to be paid the fine "money as deteiysined under this division, The Treasurer shall pay the fine moneys to the county hingne selety of the county, township, municipal corporation or state law enforeement agency in thiSsstate that primarily was responsible for or involved in the investigation and prosecution of the vation, Ifa county humane society receives any fine moneys under this division, the county hunlaite society shall use the fine moneys to provide the training that is required for humane agents under R.C. § 1717.06.(RC. § 959.131) a (©) Whoever violates subscetion (a) of this section is guilty of a misdemeanof. Of the second degree. In addition, the court may order the offender to forfeit the animal or livestock and tay provide for its disposition including, but not limited to, the sale ofthe animal of livestock. 18 an animal or livestock is forfeited and sold pursuant to this subsection, the procedds fram the sale first shall be applied to pay the expenses incurred with regard to the care of.the animalsfrom the time it wes taken from the custody of the former owner. The balance of the,pro¢eeds from the sale, iffany, shall be paid to the former owner of the animal, ay (ORC 959.99(0)) . () (1) Whoever violates subsection (d)(2) of ction 18 guilty of a misdemeanor of the first degree on a first offense and a felony, t0,be prosecuted under appropriate state law on each subsequent offense. s y @) Whoever violates subsection ()(3Y of this section is guilty of a% snisdlomeanor of the second degree on a first offense and afnisdemeanOtof the first degree on each subsequent offense. oe a 3) Whoever violates subsection (d) (4) thrdugh stb eli (2(6) is aulty ofa misdemeanor of the second degree. In addition, the court may ordér the offender to forfeit the ‘animal and may provide for its disposition including, but not limitethfo, the sale of the animal. If an animal is forfeited and sold pursuant to this subsection, the proceeds'from the ale first shall be applied to pay the expenses incurred “With regard to the care of the animal fii the time i was taken from the custody of the formigrSowner, The balance of the proceeds from the sale, if any, shall be paid to the former owner of the'gnimal. "7%, (4) Whoever Violates @ vision (CA) oF prosecuted under appropriate state law. ° 7 GS) of bis el (5) Whoever violates divi of the first degree. é (@;2K2—, A court may oder a person who is convicted of or pleads guilty to a violation of subsection (A) bf this section tofagor an impounding agency, as defined in Ohio R.C, 959.132/4ny or all ofthe companion anim Neip that person's ownership or care. The court also may“ prohibit or placejlijaitations on the person's ability to own or care for any companion animaljfor Specified or Andefinite period of fire OX. By A court mayforder a person who is convicted of or pleads guilty to a Violation of subseetioi (A) ofthis section to reimburse an impounding agency for the reasonably 4 ry costs ificufred by the agency for the care of a companion animal thet the agency <9 ‘mnt os a seul tbe investigation or prosecution of the violation, provided that the costs were not oiherwise paid uriler, Ohto R.C, 959.132. ““S(7) fa Court has reason to believe that a person who is convicted of or pleads guilty to a violation of suBseGtion (d) 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 pfobation a requirement that the offender undergo psychological evaluation ot Dp comsling ‘The ¢ourt shall order the offender to pay the costs of the evaluation or counseling, {ORC 959.99(13)) ‘Statwlory refefence: Ge: efe Inipoundient of companion animals; notice and hearing, see Ohio R.C. 959.132 ay Y is >, is guilty of a felony to be ion is guilty of a misdemeanor§ 618.06 COLORING RABBITS AND BABY POULTRY; SALE OR DISPLAY OF POULTRY. an (@) No person shall dye or otherwise color any rabbit or baby poultry, deluding, bud 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 Nopoulty younger than four weeks of age may be sold, given away or otherwise distribuled to any pelson in lots of less than six. Stores, shops, vendors and others offering young poultiy, for sale or be distribution shall provide and operate brooders or other heating devices that mabe necessary maintain poultry in good health, and shall keep adequate food and watexavailable to the poultry > atall times. = (ORC 925.62) é (b) Whoever violates this section is guilty of, first offense; each subsequent offense is a misemeanot (ORC 925.99(B)) & 7 Ly nisdemeanor of the fourth degree on a7 " birce, (@) No person shall own, ig@bor. or keer sh. disturbs the peace by barking, yelping, howling or makirig other lowid;noises to the annoyance ang/0r discomfort of any person, Continuous barking, yelpiig, howling and/or making other loud NGises for 15 consecutive tninutes by such dog, whether Confined igide a residence or building or to the outside area, shall be deemed to have disturbed the peace dnd to hdye’ caused the afnoyance and discomfort of persons; provided, that at the time of the eomplaint, no persopvor persons were trespassing or threatening to trespass upon the private propefty’of the owner,/and provided that the dog was not being teased or provoked inany manner.“ } (b) Ay person who shall allow any dog habitually to remain, be lodged or fed within any dwelling building, yard ér enclosure ownedof a¢cupied by such person shall be considered as harbofing or keeping suely{log. a C(O. Upon ai initial-complaint, on effSreement officer shall warn the person in writing of the violationSUpon%’second stich complaint within 30 days, the enforcement officer shall charge the person vith a violation of this section. <<... (2) Division (a) of this section does not apply to owners, operators or employees of “Hieensed veterinary hospitals, licensed kennels, of licensed animal boarding establishments, nor does this séetion apply to Blinds deat ‘or hearing impaired, or mobility impaired persons when the dog serves as an assistance. dog. é ~ (©) “Whoever violates this section is guilty of a minor misdemeanor. Dy ; gs REG 10 § 618,07 BARKING OR HOWLING t STRATION OF DOGS REQUIRED. “Ox. (a): No owner, keeper, or harborer of a dog more than three months of age, nor owner of a ddg Kennel, shall fail to file an application for registration required by Ohio R.C. 955.01, nor shall he-or she fail to pay the legal fee therefor. (ORC 955.21)(6) Whoever violates this section shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) on a frst offense, and on each subseduent offense shall be fined not less than seventy-five dollars ($75.00) nor more than wo ups fit dollars ($250.00) and may be imprisoned for not more than 30 days. Z < . (ORC 955.99(F)) §618.09 HINDERING CAPTURE OF UNREGISTERED DOG. (a) No person shall obstruct or interfere with anyone, Sil gore in capturing >, unlicensed dog of making an examination of a dog wearing a {ag o (ORC 955,24) o y (b) Whoever violates this section is guilty of a’minor misdemeanor. g (ORC 955.99(B)) ge § 618.095 DOGS REQUIRED TO WEAR TAGS. (a) No owner of a dog, except a dog constantly confined a dogs Brel registered under R.C, Chapter 955 oF one Hivensedunder R.C. Chapter 956, shall fail. require the dog to wear, at all times, a valid tag issuéd inhconniedtion.with a certificate of registration. A dog found not wearing at any time a valid tag shalhbe prima-faéie.evidence of lack Of registration and shall subject any dog found not wearing such’ tag to impayindiig, saleypr destruction but only after first having the dog scanned for chi information 7 “ (ORC 955.10) (6) Whoever violates this sectiot (ORC 955.998) AQ shall own, Keep, or harbor a dog wearing a fictitious, altered, or invalid registration tag of x registration tag not issued by the County Auditor in connection with the spistration of that anitnal. (ORC 935,25) & this section is guilty of a minor misdemeanor. e N 618.11 RABIES QUARANTINE. (a) No person having knowledge of the existence of rabies in an animal, or knowledge hate animal has exhibited symptoms or behavior suggestive of rabies, or knowledge that an animal cen any person, shall {xl to immediately report such information to the Mayor or the Chiefof Police. 10(6) Whenever it is established by the Mayor or Chief of Police that any animal has bitten any person of exhibits symptoms or behavior suggestive of rabies, the person who wns, harbors or otherwise cares for such animal shall confine it in close quarantine and isolatioror shall place such animal in the establishment of a veterinarian until, in either case, it is det érmined by) ‘the County Board of Health that the animal is not afflicted with rabies, The isolatiof anid. quarantine period hereby required shall be not less than ten days from the date the person Was bitten. If the animal has, or develops, any symptoms suspicious of rabies during the ten-day period, the Cgunty Board of Health shall be notified immediately. All expenses incurred for the keeping of Such animal, or the necessary tests to determine whether rabies exists, shalhbe borne eXelusively by the, person who owns, harbors or otherwise cares for such animal. ‘” “Oy (©) Whoever violates this section is guilty of a we 2 § 618.12 HUNTING LIMITED. a (@ No person shall hunt, kill or attempt to kill My, ania oPiow! by the use of a firearm, bow and arrow, cross bow, air rifle, sling or sling shot, oF by the use of any other weapon capable of expelling or propelling one or more projectiles, e3 nthe o terms and & & @ lle issued a permit by the Chiebof Police, or his or her agent; A le : (2) The appligart use no weapoit except a bow and ariow, longbow, compound bow or crossbow during bow htinting season. yoo (b) __Priorto the issuance ofthe jemi, théChiet of POR br his orher agent shall make determination that the applicant for said permit has complied sith all laws, rules, and regulations of the state and its subsections. The Chief shall farther detenhife that: (1) “The applicant has received signed written permission to hunt, specifying the current hunting season and game (o be hunted fiom the owner of the parcel of property involved, or owners,if tore than one parcel of property is invlved, unless such applicant is hunting on his orher ovfin broperty; and > FXO 1 xeelyofproperiy dr properties involved consists of at least fen contiguous acré.,Jf mofe than one pateel 6f property is involved, no more than three parcels may bbe combined to farm’thé ten contiguous acres needed for hunting, Each parcel shall be contiguous ._-to:the others and the Combined acreage of the parcels must consist of at least ten contiguous acres. ‘No’hutiting shall take plage within 100 feet of the perimeter Jot line of the parcel or parcels of property of Within 100 feet of aly residence, public or private street, drives and “G)__ For fig Year in which the application is file, the applicant has provided proof of proficidney with &\6ngbow, compound bow or crossbow by such test or tests established by the state Gaim Protector for Lake County. Applicant must provide written proof of the type of bow utilized in thy proficiency test (longbow, compound bow or crossbow). (© fl permit shal set forth and be subject to whatever terms and conditions, in the e discretiox pf the Chief of Police, are necessary to provide for the safety of the residents of the cifjqand be’prémised upon the applicant complying with all laws, rules and regulations of the state and j®sibdivisions. 1G) The frst doer harvested by a hunter in any season must be an "antlrtes deer as definéd by the Ohio Department of Natural Resources, Division of Wildlife, in the Ohio 2003- 2004 Hunting and Trapping Regulations. uw(© Any hunter who kills a deer or any other animal shall report such Kill tothe Police Division at the city Police Station within 24 hours of the killing. a () Whoever violates this section, including the terms or conditions of a pefipit issutd hereunder, is guilty of a misdemeanor of the fourth degree and shall be subject to the penalty) provided in § 698.02. 4 (Ord. 02-0-48, passed 9-4-2002; Arm, Ord. 03-0-43, passed 9-3-2003) § 618.13 NUISANCE CONDITIONS PROHIBITED. d oN (a) No person shall keep or harbor any animal or fowLip the Municipality so as to create noxious, of offensive odors or unsanitary conditions which,afy-4 menace to the health, comfort or gy Safety of the public, A person shall be presumed to be thé kéeper or harborer of an animal ifsuch person does or permits any of the following: ‘ ey @ (1). Knowingly or recklessly feeds such animal'food Gr wate; (2) Knowingly allows and/or encourages any ial remain upon his or her property more than twenty-four (24) hours. a 2 (b) Notwithstanding the absénce of any noxious, or offended Z or unsanitary conditions which are a menace £0°the,healiircomfort or safety of the,public, no person shall provide nourishment or shelter‘for any\animal, of owl by setting such-food out on any public shim por anyppniraal, OW OY : 4 ay Pe property, o within a 100-yard radius of why private residetice ox public right-of-way. ‘This section does not apply to animals owned by th oy ‘birds, excluding birds of prey, fed from a stationary bird feeder. 4 (©) Whoewér Vidlates this section isa of a minor misdemeanor for the first offense, a fourth degree misdemean er seat third degree misdemeanor for the third fourth ror the second of offense anda Second degree spisdemeanor forth or subsequent offense. AND DISPOSITION; RECORDS. » (b) Whoever violates this section is guilty of a minor misdemeanor nd shallbe subject to the penalty provided in § 698.02. “a § 618.16 REPORTING ESCAPES. (Repeated) 4 Editor’s note: gy Section 618.16 was repeated as part of the 201, jon of this Municipal Code because substantially equivalent state lawv (Ohib B-Qp2927.21) yadrepealed by the Ohio General Assembly. o § 618.17 RESTRICTIONS ON FELONS. d (a) No person who feo wuilty to a felony offense of violence committed on or after May 22, 2012 0} jon of any provision of R.C. Chapter 959, R.C, Chapter 2923 or R.C, Chapter soap ‘on or after’ May 22, 2012 shall knowingly own, possess, have custody of, or reside in desidehice with either of the following for a period of three years commencing either upon the Wate’ of release of the person from any period of incarceration imposed foF'the offense or violation ot, if the person is not incarcerated for the offense or violation, upon the date of the persons fina} release from the other sanctions imposed for the offense or volo: ey é (1) Anungpayed or unneutered log older than 12 weeks of age; Ang dog thathas been dgtémined to be a dangerous dog under R.C, Chapter 955 or any substantially equivalent muni pal ordinance. (b) A peiSof described in subsection (a) of this section shall microchip for permanent identification any dog’owned, possessed by, or in the custody of the person. “Eke, (1) section (a) of this section does not apply to any person who is confined in a correctional institution dE.the Department of Rehabilitation and Correction. @) Subsection (a) of this section does not apply to any person with respect to any dog that the'person ofvied, possessed, had custody of, or resided in a residence with prior to May 22, 2012. | (ORC 955.54) | oer violates subsection (a) or (b) of this section is guilty ofa misdemeanor of the first degree. (ORG 55:99(0)) g ‘ 13§ 618.18 NUISANCE, DANGEROUS AND VICIOUS DOGS; DEFINITIONS, AND ‘TRANSFER OF OWNERSHIP oo (@) The definitions and provisions as set forth in Seetion 955.L1 of the, Otto ne Code shall apply inside the City, with the exception of division (D) which shall be onstrued to inchide vicious dogs in addition to dangerous dogs. EN i S (b) Notwithstanding the foregoing, “without provocation” in Ke 618.18 thidugh 618.22 shall mean that a dog was not teased by a person or animals, orm py a person 0) animal, o abused by a person, or thatthe dog was not coming to ti aidbcthe defense of a person 2s, wo was not engaged in legal or eine aetivity and who was ot usingdthe dog as a means of <7 carrying out such activity. (c) References in Section 618.18 through 618 chief or his/her designee or any person authorized fore: Code, ief” shall mean the police ier 95S, of the Ohio Revised nfo a cos Hocs. (2) Asused in this Seetion{\"nuistinee dog.” “dangerous dog,”, {vicious dog” have the same meanings as in Section 955. 1 hof the Reviged.Code. As used inf Séctions 618.18 through 618.26, “final determination” means a determination thyt ifmot subject to appeal. (6) The police chief shall have alghority to determin Whether a dog is a nuisance dog, dangerous dog, or vicious dog. This selenefition may Be'based upon an investigation that includes observatioi of and evidence about the{gog's behavior, including the dog's upbringing and the owner's ox kexpers con ofthe dog, ands heehee eden es determined by the police chief, Theap’observations ahd other relevani éyidetice can be provided by any witness who personally bse the bebjvior. Such witness all sign a watt stalement attesting to the observed behavior and agréerto-provide tesfiniony regarding the dog’s behavior. Forms for providing winds etiniony shall be mad@’available at the Police Department. A cove, (©) Upoit Feasonable determination by the police chief that a dog is a nuisance dog, GE BesusiOus dog, or vicious dog, the police chief shall give the dog's owner or keeper written notice 7 oy by certified’ 'e, The notice shall state: Q) The level of classification; aN _AfB) The facts upon which the elasification is baseds gy Thea request that hearing; lability of a hearing to object to the classification and instructions to (5) The restrictions placed on the dog as a result of the classification; Ty(© The penalties for violation of the restrictions; and (1) The availability of declassification procedures. (@ __Uponreceiptof notice of the dog's classification as a nuisance dog. dangrqus dog, or Vicious dog pursuant to division (c) of this Section, the owner or keeper'shill comply With the restrictions as specified in Section 618.21 and 618.23. a» » (©) IF the owner, keeper, or harborer of the dog disagrées With the designation of the >. dogaas a nuisance dog, dangerous dog, ot vicious dog, as applicable, the owiter, keeper, orharborer may request a hearing regarding the determination pursuant 16 Section 955.222 of the Revised Code Y = é § 618.20 IMPOUNDMENT OF A DOG FOR PUB IC RAFETY % (@) _Asused inthis Section, “serious injury” has the on as in Section 955.11 of the Revised Code. (b) Upon the resultant degth'orserious injury of a domestic Leon the Police Departinent shall have the authority byt tot the;duty, in the interest of puble safety, to seize the Killing/seriousty injuring dog and ifapound it. Any person keeping or harboring a dog sought to be impounded shall give possession of ~~ toa police Sfficer o.. officer upon demand. a z ggréssively bites.any person or domestic animal, the (©) Ifadangerous or vicious di Police Department shall have the authority gs ‘the duty, ithe interest of public safety, to seize the offending dogatid itipound it. Any person'keeping or harboring a dog sought to be impounded shall give po: ptm of suel}dog to a police Se og health officer upon demand. gbper, or harborer Now shall be responsible for any and all costs (, the foregoing, the City may dispose of the dog at its discretion. % o 4 (dog impoursded pursuant to division (c) ofthis Section shall remain impounded “until. the cout makes final determination as to whether a violation of Section 618.21 has oceuried or uni th 6wner or keeper provides satisfactory proof to the police chief that they have complied ‘with all-dpplicable provisions of Section 618.21 and renders payment for the costs of housing the dog! Upon a final determination, the owner or keeper of an impounded dog shall claim it within fourteen (14) calendar days by rendering proof to the police chief that they have complied with all 15applicable provisions of Section 618.21 and payment for the costs of housing the dog. If the dog is not claimed pursuant to the foregoing provisions, the City may dispose of the doi at its discretion. 47 * y 4 ) (@) Whoever violates division (b) or (c) of this Section by refusifig ox, otherwise purposefly fang to give possession of dog thatthe Police Department js authori by such divisions to seize and impound is guilty of a second degiee misdemeanor.énd shall be su the penalty provided in Section 698.02. § 618.21 CONFINING, RESTRAINING, DEBARKING panGbrous AND VICIOUS >. DOGS. 5 a) oy (a) Asused in this Section, “nuisance dog,” dangerous dog,” and “vieious dog” have? yg the same meaning as in Section 955.11 of the Revised.Gode. ‘ (b) No owner ot keeper of a dangerous or viciou! ot fil &) do the following: (1) While the dog is on the premises of the owne prevent it from causing injury to any person or domestic animal, sect complying with one of the following: -eper, or harborer, so as to confine at all times by () Keep te dogsecurely eobfined w owner, keeper or harborer; or =” thin the houiSe’on the premises of the % & Gi) Keep the dog ina when whiol Has a secured top, under direct supervision of a person who is at least eighieés"(18) years of {ge and of sufficient size and strength to control the dogyof = N Gi » locked fenced yard fphion fence is located in the rear yard with self-closiig/self-latching sais ‘on any openings of the fenced yard, at least six (6) feet tall, and restrafjed bya leash or tetiet-controlled by a person who is atleast eighteen (18) years of age and of sufficient size.and strengttrto control the'dg or securely attach, tie, or affix the leash or tether to the ground, a rin,@r"other stationary object or fixture so that the dog is adequately restrained and that the dog cannot reach any part of the fence while so restrained; or y _ iN)s Ifthe dog is confined in any other locked enclosure that bas a top outdoors, Keep the dog unde? thé direct supervision of a person who is atleast eighteen (18) years of age and of Sufficient size-and strength to control the dog; or E (¥) Keep the dog confined in a locked enclosure that has a top outdoors and all sides of the enclosure extend 18 inches below grade. wy _ : : » £2) While the dog is off the premises of the owner, keeper, or harborer, so as t0 prevent if from causing injury to any person or domestic animal: v (® Muzzle the dog ina manner that will not cause injury to the dog or interfere with its vision of respiration, but allows the dog to cat and drink and prevents it from 16