Akron, Ohio

Dayton, Ohio

Akron, Ohio

Akron Municipal Code

TITLE 9 GENERAL PROVISIONS

Chapter 92 ANIMALS

92.01 Running at large.

92.02 Abandoning animals.

92.03 Killing or injuring animals.

92.04 Poisoning animals.

92.05 Cruelty to animals.

92.06 Coloring rabbits and baby poultry--Sale or display.

92.07 Animal fights.

92.08 Registration of dogs required.

92.09 Hindering capture of unlicensed dog.

92.10 Unlawful tags.

92.11 Vaccination for rabies--Quarantine.

92.12 Dogs with blind, deaf or mobility impaired persons.

92.13 Damaging public or private property--Removal of fecal waste.

92.14 Barking dogs.

92.15 Duties of Animal Control Warden.

92.151 Humane investigation--Seizing and kenneling animals.

92.152 Disposition of animals.

92.153 Costs.

92.154 Redemption of animals.

92.155 Microchipping.

92.16 Impoundment--Disposal.

92.17 Injuring or molesting police dogs.

92.18 Restricting certain animals.

92.19 Horses on sidewalks prohibited.

92.20 Mink farms.

92.21 Pigeons.

92.22 Use of multiple dwelling or lot as stable.

92.23 Hunting.

92.24 Keeping dangerous animals--Permit--Fees.

92.25 Control of dogs.

92.26 Seizure.

92.27 Reporting escape of certain animals required.

92.28 Restrictions on kennels.

92.29 Beekeeping.

92.99 Penalty.

TITLE 9 GENERAL PROVISIONS

Chapter 92 ANIMALS

92.01 Running at large.

A. For the purpose of this chapter:

1. “At large.” Off the premises of the owner and not under restraint by leash, cord, wire, strap, chain, or similar device or fence or secure enclosure adequate to contain the animal.

2. “Stray.” An animal running at large without identification.

3. “Identification.” A valid registration tag issued by the county of registration or, if registration of the animal is not required by law, identification shall mean a collar, tag or microchip worn by the animal at the time the animal is apprehended, which either includes the current name, address and telephone number of the owner, keeper or harborer, or refers to a national registration database designated or approved by the City of Akron, which database includes the current name, home address and telephone number of the owner, keeper or harborer.

B. No person being the owner, keeper or harborer of or having charge of horses, mules, cattle, sheep, goats, swine, dogs, cats, geese, or other fowl or animals shall permit the same, except homing pigeons bearing official bands, to run at large on any public way or on any public ground or upon the private property of another.

C. 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 under reasonable control of some person.

D. The running at large of any such animal in or on any of the places mentioned in this section is prima facie evidence that it is running at large in violation of this section. Penalty, see §92.99. (R.C. §§951.02, 955.22) (Ord. 109-2004: Ord. 332-2002; Ord. 728-1973; Ord. 231-1973; Ord. 721-1957)

92.02 Abandoning animals.

No owner or keeper of a dog, cat or other domestic animal shall abandon such animal. Penalty, see §92.99. (R.C. §959.01) (Ord. 728-1973)

92.03 Killing or injuring animals.

No person shall maliciously, or willfully and without the consent of the owner, kill or injure any animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity or an animal warden or dog warden acting pursuant to this chapter or provisions of the Ohio Revised Code. Penalty, see §92.99. (R.C. §959.02) (Ord. 728-1973)

92.04 Poisoning animals.

No person shall maliciously, or willfully and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to any 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 on his own lands or the lands of another. Penalty, see §92.99. (R.C. §959.03) (Ord. 728-1973)

92.05 Cruelty to animals.

A. For the purpose of this section, “shelter” shall mean a man-made enclosure, windbreak, or sunshade or a natural wind break or sunshade that is developed from the earth’s contour, tree development, or vegetation.

B. 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 does not apply to animals impounded or confined prior to slaughter;

3. Carry or convey an animal in a cruel or inhuman manner; or

4. Keep animals, other than cattle, poultry, or fowl, swine, sheep or goats, in an enclosure without wholesome exercise and change of air, or feed cows on food that produces impure or unwholesome milk. Penalty, see §92.99. (R.C. §959.13)

92.06 Coloring rabbits and baby poultry--Sale or display.

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 baby 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. Penalty, see §92.99. (R.C. §925.62) (Ord. 728-1973)

92.07 Animal fights.

No person shall engage in or be employed at dogfighting, cockfighting, bear-baiting, pitting an animal against another or cruelty to animals; no person shall receive money for the admission of another to a place kept for such purpose; no person shall use, train or possess a dog or other animal for seizing, detaining or maltreating a domestic animal. Any person who knowingly purchases a ticket of admission to such place, or is present thereat or witnesses such spectacle, is an aider and abettor. Penalty, see §92.99. (R.C. §959.15) (Ord. 728-1973)

92.08 Registration of dogs required.

No owner, keeper or harborer of a dog more than three months of age, nor owner of a dog kennel, shall fail to file an application for registration required by R.C. §955.01, nor shall he fail to pay the legal fee therefor. Penalty, see §92.99. (R.C. §955.21) (Ord. 728-1973)

92.09 Hindering capture of unlicensed dog.

No person shall obstruct or interfere with anyone lawfully engaged in capturing an unlicensed dog or making an examination of a dog wearing a tag. Penalty, see §92.99. (R.C. §955.24) (Ord. 728-1973)

92.10 Unlawful tags.

No person shall own, keep or harbor a dog wearing a fictitious, altered or invalid registration tag or a registration tag not issued by the County Auditor in connection with the registration of such animal. Penalty, see §92.99. (R.C. §955.25) (Ord. 728-1973)

92.11 Vaccination for rabies--Quarantine.

A. The owner, keeper or harborer of any dog licensed or unlicensed shall procure a vaccination for rabies by a licensed veterinarian within thirty days after the dog has reached the age of three months.

1. Every dog initially vaccinated must be revaccinated one year later and thereafter at not more than thirty-six month intervals based on the type of vaccine being used, the nature of the rabies in the community or the current Compendium of Animal Rabies Vaccines prepared by the National Association of State Public Health Veterinarians, Inc.

2. Unvaccinated dogs acquired or moved into the corporate limits of the city must be vaccinated within thirty days after purchase, acquisition or arrival unless under the age of three months.

3. Each veterinarian who vaccinates or revaccinates a dog against rabies shall complete a certificate of rabies vaccination. The certificate shall include the following:

a. Description of dog;

b. Names and address of owner, keeper or harborer;

c. Date of vaccination or revaccination;

d. Type of vaccine administered;

e. Rabies vaccination tag number; and

f. Veterinarian’s name and address.

4. Each veterinarian who vaccinates or revaccinates a dog shall, without delay, distribute a copy of certificate to the dog owner and to the Summit County Animal Control Warden’s office. A copy shall be retained by the veterinarian.

5. Each veterinarian who vaccinates or revaccinates a dog shall issue a durable rabies vaccination tag. The rabies vaccination tag should conform in shape and color to the recommendation of the Compendium of Animal Rabies Vaccines prepared by the National Association of State Public Health Veterinarians, Inc. The rabies vaccination tag shall be securely fastened to the collar or harness of the dog.

B. No person shall violate a rabies quarantine order issued under R.C. §955.26. Penalty, see §92.99. (R.C. §955.39) (Ord. 253-1992; Ord. 231-1973)

92.12 Dogs with blind, deaf or mobility impaired persons.

A. When a blind, deaf or mobility impaired person is accompanied by a dog which serves as or is in training to become a guide, leader, listener or support dog for him, and he can show proof by certificate or other means that the dog leading him, listening for him or providing support or assistance for him has been or is being trained for that purpose by a non-profit special agency engaged in such work, the person is entitled to the full and equal accommodations, advantages, facilities and privileges of all public conveyances, hotels and lodging places, all places of public accommodation, amusement or resort, and other places to which the general public is invited, and may take the dog into such conveyances and places, subject only to the conditions and limitations applicable to all persons not so accompanied, except that:

1. The dog shall not occupy a seat in any public conveyance.

2. The dog shall be on a leash while using the facilities of a common carrier.

3. Any dog in training to become a guide, leader, listener or support dog shall be covered by a liability insurance policy provided by the nonprofit special agency engaged in such work protecting members of the public against personal injury or property damage caused by the dog.

B. No person shall deprive a blind, deaf or mobility impaired person of any of the advantages, facilities or privileges provided in subsection A of this section, nor charge the blind, deaf or mobility impaired person a fee or charge for the dog. Penalty, see §92.99. (R.C. §955.43) (Ord. 728-1973)

92.13 Damaging public or private property--Removal of fecal waste.

A. No person shall permit any dog or cat to scratch, dig or defecate on any lawn, tree, shrub, plant, building or other public or private property, other than the property of the owner or person in charge of or control of such animal.

B. Where the owner or person in charge or control of such dog or cat immediately and forthwith removes all feces deposited by such dog or cat and disposes of such fecal matter in a sanitary manner, such nuisance shall be considered abated. Penalty, see §92.99. (Ord. 332-2002; Ord. 231-1973)

92.14 Barking dogs.

A. No person shall keep, harbor or maintain within the city any dog which, by loud, frequent or habitual barking, yelping, or howling, disturbs the peaceful living of any person or makes such a noise as is likely to cause inconvenience or annoyance to persons of ordinary sensibilities.

1. It is prima facie unlawful for a person to keep, harbor or maintain a dog in a predominantly residential area or on premises zoned U-1 or U-2 pursuant to Chapter 153, regardless of existing non-conforming use or variance, where the dog is out of doors; and

a. Between the hours of 8:00 p.m. and 7:00 a.m. of the following day the dog barks, howls or yelps for more than ten minutes substantially uninterrupted; or

b. Between the hours of 7:00 a.m. and 8:00 p.m. of the same day the dog barks, howls or yelps for more than twenty minutes substantially uninterrupted.

B. None of the provisions of subsection A of this section shall apply to owners, operators or employees of duly licensed veterinary hospitals; owners, operators or employees of duly licensed kennels or animal boarding establishments maintained in conformance with Chapter 153; and blind persons when the dog serves as a guide or leader. Penalty, see §92.99. (Ord. 703-1990; Ord. 1568-1967)

92.15 Duties of Animal Control Warden.

A. It shall be the duty of the City Animal Control Wardens to apprehend any dog or cat found running at large and impound such dog or cat at the County Shelter or other designated facilities equipped to provide a suitable place for kenneling animals, make proper provision for the feeding and care of the same and provide humane devices and methods for destroying animals. The Animal Control Wardens shall make a complete registry entering the breed, color and sex of the dog or cat including the license number or microchip number, if known.

B. Animal Control Wardens shall check every animal apprehended for running at large for identification. Animal Control Wardens may request that the County Shelter or such other facility designated pursuant to this chapter check any animal delivered to the facility for identification.

C. The Animal Control Wardens shall attempt to notify the owner of each animal apprehended if the animal bears identification. Such notice shall be given in a manner to be determined by the Customer Service Administrator and within twenty-four hours after such animal is impounded and shall inform the owner of the reason for impounding the animal and the requirements to permit release of the animal.

D. The Animal Control Wardens shall charge the owner of each animal apprehended pursuant to this section a fee of ten dollars for the cost of returning the animal. This charge is in addition to any impoundment fees or penalties a court may assess pursuant to §92.99. (Ord. 109-2004: Ord. 332-2002; Ord. 701-1992; Ord. 721-1957)

92.151 Humane investigation--Seizing and kenneling animals.

A. The city may provide for training for Animal Control Wardens to assume the duties of humane investigation and enforcement of the provisions of Chapter 92 of this code and any state laws applicable to animals within the city.

B. In addition to any other duties of Animal Control Wardens, the Animal Control Wardens are authorized to:

1. Interfere to prevent the perpetration of any act of cruelty to animals in their presence and to take possession of any animal to prevent cruelty;

2. Take possession of any animal when necessary to protect the animal from neglect;

3. Exercise any authority granted to the Ohio Humane Society or to a county humane society as necessary to the enforcement of this chapter or R.C. Chapter 959, as amended from time to time;

4. Take possession of any animal lawfully seized by any agent or officer of the city.

C. Any animal not running at large and which is not a stray, taken into possession by the city, its officers or agents, acting pursuant to law shall be delivered to the County Shelter or to other designated facilities equipped to provide a suitable place for kenneling animals, make proper provision for the feeding and care of same and provide humane devices and methods for destroying animals. The city may provide reasonable compensation to the County Shelter or other designated facilities for these services. (Ord. 109-2004: Ord. 390-1996)

92.152 Disposition of animals.

A. Animals that have been taken into possession or seized by the city and impounded shall be kept, housed and fed for that period required by state law or, if not required by state law, for such period as is determined to be appropriate by the County Shelter or other designated facility, for the purpose of redemption, unless any of the following applies:

1. Immediate humane destruction is necessary because of obvious disease/injury;

2. Immediate humane destruction of the animal is permitted pursuant to state law or pursuant to the terms of an impound and care policy adopted by the County Department of Animal Control;

3. The owner, keeper or harborer signs a release form permitting humane disposition of the animal; or

4. The owner, keeper or harborer, if known, has been contacted in accordance with this chapter or state law and has requested that an animal remain in the designated facility or facilities until the owner, harborer or keeper redeems the animal and the County Shelter or other designated facilities have agreed to extend the redemption period.

5. The animal is the subject of a pending court order, served on the city and the appropriate shelter, or other facility prohibiting humane destruction of the animal. An animal that is the subject of pending court order may be disposed of pursuant to this section upon conclusion of the court action or pursuant to judicial order.

B. Any animal not redeemed within the applicable redemption period may, at the option of the County Shelter or other designated facilities, be retained by the County Shelter or other designated facilities and placed for adoption at no cost to the city. In the alternative, any animal not redeemed within the applicable period may be disposed of as provided by state law.

C. A record of all animals impounded, the disposition of the animals, the owner’s name, identifying characteristics of the animal, including breed, color and sex, license number or microchip number, if known, and address of owner, if known, and a statement of costs assessed against the animal shall be kept by the designated animal facility or facilities. The designated animal facility or facilities shall forward this information to the Director of Finance monthly via the Department of Public Service, Customer Service Office. (Ord. 109-2004: Ord. 390-1996)

92.153 Costs.

Costs shall be assessed against every animal impounded under this chapter. Costs may include reasonable costs for impounding, kenneling, feeding and disposing of an animal, reasonable administrative costs and cost of veterinary care. The costs shall be a valid claim in favor of the city or designated animal facility against the owner, keeper or harborer of an impounded animal, and may be recovered by the city or designated animal facility in a civil action against the owner, keeper or harborer. (Ord. 390-1996)

92.154 Redemption of animals.

Any animal impounded pursuant to the provisions of this chapter, except an animal which is the subject of a pending court action, may be redeemed by its owner, keeper or harborer at any time prior to the expiration of the applicable redemption period. No animal shall be redeemed except upon payment, as requested by the designated animal facility or facilities, of all costs assessed against the animal, and payment of any fee assessed by the city pursuant to the provisions of this chapter, and upon providing the animal with a valid registration tag if it has none and obtaining a rabies vaccination for the animal within seven days of acquiring the redeemed animal. (Ord. 109-2004: Ord. 390-1996)

92.155 Microchipping.

A. The city shall create and maintain a database containing information about cats and dogs that are identified by microchip and belong to Akron city residents who comply with subsection B of this section.

B. Residents of the city who choose to microchip their cats or dogs may register the owner’s name, address, telephone number and the microchip number of each cat or dog that is identified by microchip with the city. It is the duty of the cat or dog owner to notify the city and the microchip manufacturer of any change in registry information, such as a change in telephone number or address.

C. The database containing the information about microchipped cats and dogs shall be available to Animal Control Wardens at any time they are performing animal control duties. (Ord. 109-2004)

92.16 Impoundment--Disposal.

A. The owner, keeper or harborer of any licensed dog or cat, or wildlife may request the City Animal Warden to pick up the dog or cat, or wildlife for the purpose of having it destroyed.

B. The following charges shall apply:

1.

Seizing and delivering: $20

2.

Housing and feeding, per day: $10

3.

Dog and cat disposal: $15

4.

Wildlife disposal: $20

5.

Puppy and kitten fee: $10 per animal, not to exceed $15 per litter.

6.

Miscellaneous disposal: $15

7.

Extraordinary service: seizing and delivery: $35 per hour plus $.31 per mile and all applicable fees.

(Ord. 493-1996; Ord. 49-1992; Ord. 828-1989; Ord. 311-1985; Ord. 721-1957)

92.17 Injuring or molesting police dogs.

No person shall purposely or knowingly torture, molest, torment, beat, kick, strike, mutilate, injure, disable or kill any dog used by the police division in the performance of its functions, nor shall any person interfere with or meddle with any dog while being used by the police division or any officer or member thereof in the performance of any of the functions or duties of the division or of such officer or member. Penalty, see §92.99. (Ord. 694-1967)

92.18 Restricting certain animals.

A. Fowl. No person shall keep chickens or other poultry in any dwelling or within one hundred feet thereof.

B. Rabbits. No person shall keep rabbits in any dwelling or within twenty-five feet thereof.

C. Hogs. No person shall keep hogs within the city, except that:

1. No more than one miniature potbellied pig may be kept in a single-family dwelling as defined in §153.14 of this code.

a. A miniature potbellied pig is defined as one which meets the requirements of and is registered with the Potbelly Pig Registry Service, Inc. of Lakeville, Indiana and/or the International Potbelly Pig Registry Service of Pescadero, California;

b. Each miniature potbellied pig shall be a pet, that is to be kept for personal enjoyment and not kept or raised for human consumption;

c. The maximum weight of a miniature potbellied pig shall not exceed sixty-five pounds. If the weight exceeds sixty-five pounds, the miniature potbellied pig shall be removed;

d. Miniature potbellied pigs shall not be bred within the city;

e. Miniature potbellied pigs must be spayed or neutered if three months or older;

f. If a miniature potbellied pig is taken off its owner’s property, it shall be on a secure leash that is not more than six feet in length which is held in the hand of a person who is of suitable age and discretion;

g. Waste from miniature potbellied pigs must be removed in an appropriate manner to prevent health and odor problems;

h. Miniature potbellied pigs shall reside in the residence of the owner as a house pet and shall not be kept in an outside pen; and

i. If a miniature potbellied pig becomes a nuisance, disturbs the tranquility of the surrounding neighborhood, or becomes a health problem, the Director of Public Health shall have the authority to order and have the miniature potbellied pig removed from the city;

j. Any person found guilty of violating the provisions of this section shall pay all expenses, including shelter, food, and veterinary expenses necessitated by the seizure of any miniature potbellied pig pursuant to §92.26(C).

D. Other Hoofed Animals.

1. No person shall keep, harbor or maintain any horse, pony, cow, calf, goat or other hoofed animal other than hogs in the city, except that the keeping, harboring or maintaining of any such animals may be authorized by the Director of Health for the city by permit duly issued therefore, provided that such animals are located on lots or parcels of one acre or more. This prohibition and conditions do not apply when not more than one spayed or neutered pygmy goat, defined as meeting the requirements of the National Pygmy Goat Association located in Mendon, Massachusetts, is kept as a pet in single-family dwelling. However, any owner or keeper of a pygmy goat shall:

a. Keep the pygmy goat, when it is outdoors, in an area enclosed by a fence at least four feet in height;

b. Provide suitable shelter to protect the pygmy goat from the elements; and

c. Promptly remove and dispose of all goat droppings.

2. Such permits may be issued by the Director on written application therefor in such form as the director requires, and shall specify any restrictions, limitations, conditions, or prohibitions which the Director deems reasonably necessary to protect any person or any neighboring use from unsanitary conditions, unreasonable noise or odors, or other annoyance, or to protect the public health or safety. All such animals kept in connection therewith shall be located no closer than fifty feet to any building used or designed for human habitation.

3. The Director shall investigate or cause to be investigated the keeping of any such hoofed animals and shall report the results of such investigation to the Health Commission. The Commission may, at its discretion, conduct a public hearing on the manner and extent of keeping or maintaining such hoofed animals and, following such public hearing, may impose such limitations, restrictions, conditions, or prohibitions on the keeping or maintaining of any such hoofed animals on the premises as, in its sound judgment, are reasonably necessary to protect any person or any neighboring use from unsanitary conditions, unreasonable noise or odors, or other annoyance, or to protect the public health or safety.

E. Pigeons.

1. No person shall keep or harbor the common Asiatic pigeon. Racing and banded pigeons, banded with a seamless, numbered leg band, issued by an active pigeon club, raised solely for the purpose of showing and/or racing may be raised in lofts constructed and maintained in strict compliance to existing zoning and building regulations for secondary buildings. Lofts should be constructed to allow freedom of movement for the birds, usually five square feet of open bottom wire floor space per pair with rodent- and vermin-proof walls and closures.

2. The keeper of racing and/or banded pigeons is required to comply with all standards and requirements of the American Pigeon Fancier’s Council (APFC).

3. The Director of Health shall investigate or cause to be investigated any complaints related to the raising of racing or banded pigeons. If unsanitary conditions, unreasonable noise or odors are not corrected in a reasonable period of time, the Director shall order the loft disbanded until such time as the required corrections are made to the satisfaction of the Director. Penalty, see §92.99. (Ord. 242-1998; Ord. 716-1992; Ord. 514-1992; Ord. 94-1989; Ord. 290-1969; Ord. 289-1969; Ord. 239-1969)

92.19 Horses on sidewalks prohibited.

No person shall ride, drive or lead a horse upon any of the sidewalks of the city or in any way impede the free use of sidewalks by pedestrian traffic. This section shall not apply to members of law enforcement engaged in the discharge of their duties. Penalty, see §92.99. (Ord. 17-2004: Ord. 324-1970)

92.20 Mink farms.

A. For the purpose of this section, “mink farm” shall mean the maintenance of one or more minks on any premises.

B. No person shall establish or maintain a mink farm within the corporate limits of the city unless such mink farm is established on a farm containing an area of one or more acres unless otherwise prohibited. No mink shall be kept within two hundred feet of any residence except the residence located on the one acre.

C. Mink farms shall be kept and maintained in a sanitary manner and the operators thereof shall take special precautions to control the fly nuisance. The feeding of minks shall be made on platforms constructed so that food particles cannot fall on the ground, and all mink enclosures shall be screened to prevent flies from entering the feeding compartments. No mink food shall be allowed to accumulate on the ground and all excess food shall be removed daily. Feed shall be covered at all times so that flies shall not have access thereto. Penalty, see §92.99.

92.21 Pigeons.

The common Asiatic pigeon is declared to be a public nuisance. No person shall keep or harbor such pigeon. Harborage shall be considered to include the feeding of large flocks of common Asiatic pigeons creating a public nuisance and/or failure of a property owner to maintain structures and buildings in such a manner that would exclude their entrance by pigeons. Penalty, see §92.99. (Ord. 95-1989; Ord. 100-1955)

92.22 Use of multiple dwelling or lot as stable.

No multiple dwelling or the lot or premises thereto shall be used as a stable. Penalty, see §92.99.

92.23 Hunting.

No person shall hunt any wild animal, fowl or other game within the corporate limits of the city. The provisions of this section shall apply regardless of the weapon, instrument or other device used. This section does not apply where a local government agency has received authorization from the Ohio Department of Natural Resources to conduct a hunt for the purpose of managing wildlife populations where the Department has set the limits on the time, place and manner of the hunt and designated agencies to supervise and conduct the hunt. Penalty, see §92.99. (Ord. 17-2004: Ord. 133-1956)

92.24 Keeping dangerous animals--Permit--Fees.

A. For the purpose this section, “dangerous animal” shall mean and include any mammal, amphibian, reptile, or fowl which is of a species which is wild by nature, and of a species which, due to size, vicious nature, or other characteristic is dangerous to human beings. Such animals shall include, but not be limited to, lions, tigers, leopards, panthers, bears, wolves, apes, gorillas, monkeys of a species whose average adult weight is twenty pounds or more, foxes, elephants, rhinoceroses, alligators, crocodiles, and all forms of venomous or poisonous reptiles. The term “dangerous animal” as used in this chapter shall not include gerbils, hamsters, guinea pigs, miniature potbellied pigs that meet the requirements of §92.18, mice, or rabbits.

B. No person shall possess, keep, or maintain within the corporate limits of this city, any dangerous animal unless a special animal permit therefor is first obtained from the Director of Health. Such permit shall be renewed annually on or before the anniversary date of the original permit issuance.

C. The Director of Health shall issue a special permit for the keeping or maintenance of a dangerous animal if he finds that:

1. The animal is at all times kept or maintained in a safe manner and that it is at all times confined securely so that the keeping of such animal will not constitute a danger to human life or the property of others.

2. Adequate safeguards are made to prevent unauthorized access to such animal by members of the public.

3. The health or well being of this animal is not in any way endangered by the manner of keeping or confinement.

4. The keeping of such animal does not constitute a nuisance and will not disturb the tranquility of the surrounding neighborhood.

5. The keeping of such animal will not create or cause offensive odors or constitute a danger to public health.

6. The quarters in which such animal is kept or confined are adequately lighted and ventilated and are so constructed that they may be kept in a clean and sanitary condition.

7. The applicant for such special permit proves his ability to respond in damages in a single limit amount of five hundred thousand dollars for bodily injury to or death of any person or for damage to property owned by any other person which may result from the ownership, keeping, or maintenance of such animal. Proof of liability to respond in damages may be given by filing with the Director of Health a certificate of insurance from an insurance company authorized to do business in the state stating that the applicant is, at the time of his application, and will be during the period of such special permit, insured against liability to respond in such damages, or by posting with the Director of Health a surety bond conditioned on the payment of such damages during the period of such special permit. Such certificate of insurance or bond shall provide that no cancellation of the insurance or bond will be made unless ten days written notice is first given to the Director of Health.

D. The Director of Health, in investigating any applicant for a permit under this section or in the enforcement of this section, is authorized to consult with and seek the advice of the Society for Prevention of Cruelty to Animals, the Animal Protective League, the Humane Society, or any other individual, agency, organization, or society which may be able to provide information and advice concerning the keeping of dangerous animals.

E. The Director of Health shall renew such special permit only on an inspection of the subject premises and a finding that all criteria listed in subsections (C)(1) through (7) of this section are met. Should the Director of Health determine during any such inspection that any of the conditions therein specified are being violated, he shall refuse to renew any such special permit, or he shall revoke such special permit in the event that such violation is not corrected within such period of time as he directs.

F. A separate permit is required for the keeping of each dangerous animal.

G. The provisions of this section shall not apply to the keeping of dangerous animals in the following cases:

1. The keeping of such animals in zoos, bona fide education or medical institutions, museums, or any other place where they are kept as live specimens for the public view, or for the purpose of instruction or study.

2. The keeping of such animals for exhibition to the public of such animals by circus, carnival, or other exhibit or show.

3. The keeping of such animals in a bona fide, licensed veterinary hospital for treatment.

4. The keeping and offering for sale of such animals by a bona fide commercial pet shop establishment.

H. No permit or renewal of a permit shall be issued for the keeping of dangerous animals unless all provisions of this section are complied with and a fee of fifty dollars is paid to the Director of Health. Permit fees shall be paid annually on or before the start of the permit year. Penalty, see §92.99. (Ord. 514-1992; Ord. 643-1980)

92.25 Control of dogs.

A. For the purpose of this section, the following words and phrases shall have the following meanings ascribed to them:

“American Bulldog.” 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.

“At large.” Off the premises of the owner.

“Canary Dog.” 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 canary dog or Perro de Presa Canario.

“Muzzle.” A leather, wire, or device that, when fitted over an animal’s snout, prevents biting and eating.

“Owner.” Any person owning, keeping, possessing, harboring, maintaining, or having the care, custody, or control of an animal.

“Premises which are not exclusively controlled by the owner.” Any real property or part thereof that:

1. The owner of the dog does not hold the title to in fee simple or by leasehold; or

2. Another, other than an immediate family member of the owner of the dog, holds an easement or right-of-way on said property or part thereof; or

3. An owner or leaseholder of the real property has given access to the subject property to a person other than the owner of the dog who is not a member of the owner of the dog’s immediate family; or

4. Is part of the public rights-of-way owned by the City of Akron whether or not the right-of-way is improved with streets, sidewalks, paving or other improvements; or

5. The owner of the dog does not otherwise have exclusive control over.

“Pit Bull.” 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.

“Unsecured.” Not securely confined indoors, or not securely restrained by means of a collar and chain, pen, fence or similar physical device, and in such a manner which effectively prevents the dog from going beyond the premises of the owner.

“Vicious dog.” Any dog that is the subject of a violation of §§ 92.25(B)(2) through (6), and is found by a court to be a continuing threat or danger to the public.

B. Any person owning, keeping, possessing, harboring, maintaining, or having the care, custody or control of a dog shall be strictly liable if such dog is found to:

1. Be at large within the city unless securely attached upon a leash held in the hand of a person in a manner which continuously controls the dog.

2. 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.

3. 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.

4. 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.

5. Bite or otherwise cause physical harm to mail carriers, utility workers, City of Akron 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.

6. Cause serious physical harm to any person, unless the dog:

a. Was being teased, tormented or abused by a person, or

b. 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;

c. 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.

C. Defenses.

1. It shall be an affirmative defense to a violation of § 92.25(B) that the dog was:

a. Securely confined in an automobile or cage which was adequately ventilated.

b. Being exhibited at a public dog show, zoo, museum, or public institution.

2. No public law enforcement agency or member thereof, or a licensed private law enforcement agency or member thereof, shall be convicted of any violation of this section where the dog is owned by the agency and being utilized for law enforcement purposes.

D. No person shall own, keep, possess, harbor, maintain, or have the care, custody, or control of a dog within the city when such dog has been ordered by a court to be banned from the city or destroyed.

E. Any person owning, keeping, possessing, harboring, maintaining, or having the care, custody, or control of a Pit Bull, Canary Dog or American Bulldog or vicious dog shall:

1. Identify the dog by having the dog wear, at all times, a fluorescent green collar available upon payment of a fee, from Customer Service;

2. Post on the premises, in a conspicuous place where the dog is kept, at least one city-issued warning sign available, upon payment of a fee, from Customer Service. The sign shall be visible and capable of being read from the public highway or street;

3. Identify the dog by having the dog tattooed with a code number provided by the Customer Service Division;

4. Notify the Customer Service Division within twenty-four hours if the Pit Bull, Canary Dog or American Bulldog or vicious dog has died or has been sold or donated, and provide the Customer Service Division with the name, address, and telephone number of the new owner;

5. Keep the dog secured at all times by one of the following means:

a. Keep the dog inside the owner’s home;

b. Keep the dog in a locked enclosure which has a top, and has a concrete base with the fencing securely attached or anchored to the concrete perimeter to a depth of six inches;

c. Keep the dog muzzled and on a chain-link leash that is not more than six feet in length which is held in the hand of a person who is of suitable age and discretion and is outside with the dog.

6. Pay a fee and annually, between January 2 and January 20, and whenever a dog is newly obtained, register the dog with the Customer Service Division; at the time of registration provide proof of liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than fifty thousand dollars because of damage or bodily injury to or death of a person caused by the dog and shall provide a certificate of insurance to Customer Service at the time the collar required by § 92.25(E)(1) is obtained;

7. Ensure that the dog does not go unconfined on the premises of another or be at large within the city;

8. Annually license the dog, if the dog is more than three months of age, with the County Auditor. Failure of any dog at any time to wear a valid license tag shall be prima facie evidence of lack of licensing;

9. Vaccinate the dog against rabies by a licensed veterinarian at least once every three years; a tag indicating that said dog has been vaccinated against rabies must be worn by the dog at all times. Failure of any dog at any time to wear the rabies vaccination tag issued by the licensed veterinarian who administered the vaccine shall be prima facie evidence of the dog’s lack of vaccination against rabies;

10. Provide two color photos of the dog to Customer Service at the time the collar required by §92.25(E)(1) is obtained. Provide one color photo of dog showing the tattoo number after the dog has been tattooed.

F. In order to prevent annoyance or injuries to the public health, safety, repose or comfort, subsections B, D, and E of this section are strict liability offenses. (Ord. 614-2003: Ord. 722-1999; Ord. 132-1998; Ord. 23-1994; Ord. 87-1991; Ord. 30-1991; Ord. 656-1989; Ord. 294-1989; Ord. 33-1989; Ord. 763-1987)

92.26 Seizure.

A. In the event that an animal warden or law enforcement agent has probable cause to believe that a vicious dog is being harbored or cared for in violation of this chapter, or that a pit bull is being harbored or cared for in a manner that violates §92.25(E), the warden or agent may petition a court of competent jurisdiction to order the seizure and impoundment of the vicious dog or pit bull pending trial.

B. In the event that a warden or agent has probable cause to believe that a vicious dog is running at large, then the warden or agent may seize and impound the dog without seeking prior court order.

C. Nothing within this section shall be construed to limit the authority of the warden or his deputy from otherwise seizing any animal maintained in violation of this code which presents an immediate risk of physical harm to any person or property. (Ord. 855-1990; Ord. 33-1989; Ord. 763-198)

92.27 Reporting escape of certain animals required.

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 city and the sheriff of the county where the escape occurred; and

2. The Clerk of the Council where the escape occurred.

B. If the office of the Clerk of Council is closed to the public at the time a report is required by subsection A of this section, then it is sufficient compliance with subsection (A)(2) of this section if the owner or keeper makes the report within one hour after the office is next open to the public. Penalty, see §92.99. (R.C. §2927.21)

92.28 Restrictions on kennels.

A. For the purpose of this section, “kennel” shall mean and include any pack or group of dogs over the amount of four and over the age of six months kept together for any purpose.

B. No person shall operate a kennel within the corporate limits of the city unless said kennel is permitted under Chapter 153. Penalty, see §92.99. (Ord. 176-1990)

92.29 Beekeeping.

A. No person shall place or keep a beehive in the City of Akron without first obtaining a permit therefor from the Director of Health.

1. Permit applications shall be accompanied by a nonrefundable annual fee of five dollars for each apiary to help defray the costs of processing the application.

B. The Director of Health shall issue a permit for an apiary if he finds that:

1. The apiary does not constitute a nuisance; and

2. The apiary does not disturb the tranquility of the surrounding neighborhood; and

3. The apiary does not endanger the public health; and

4. The apiary is placed and maintained in a manner approved by the Director of Health and the following restrictions may be required:

a. The back of the beehive may be no less than six feet from any adjoining residential property or to any public road or public right-of-way.

b. The side of the beehive may be no less than fifteen feet from any adjoining residential property or to any public road or public right-of-way.

c. The front of the beehive may be no less than twenty-five feet from any residential property or to any public road or public right-of-way.

d. The front or entrance of a beehive shall not directly face residences of adjoining property owners.

e. No person shall place or keep an apiary, or cause or allow an apiary to remain on land not owned or possessed by such person, without first obtaining the written permission to do so of the owner or person lawfully in possession of such land.

f. Every person owning, possessing, or controlling an apiary shall maintain within ten feet of each apiary a supply of water with a backflow prevention device which shall be equipped with a float valve or similar device which assures an adequate accessible and usable supply of water for the bees. (Ord. 583-1991)

92.99 Penalty.

A. Whoever violates any provision of §§92.02, 92.06, 92.08, 92.09, 92.10, 92.13, 92.14, 92.18 through 92.22, or 92.29 shall be guilty of a minor misdemeanor.

B. Whoever violates any provision of §§92.03, 92.24, 92.25(B)(4), 92.25(D), or 92.27 is guilty of a misdemeanor of the first degree.

C. Whoever violates any provision of §§92.05 or 92.25(B)(6) shall be guilty of a misdemeanor of the second degree.

D. Whoever violates any provision of §§92.01, 92.11 or 92.25(B)(1) is guilty of a minor misdemeanor for a first offense; for each subsequent offense such person is guilty of a misdemeanor of the fourth degree.

E. Whoever violates any provision of §§92.17, 92.23, or 92.28 is guilty of a misdemeanor of the third degree.

F. Whoever violates any provision of §§92.04 92.07, 92.12, 92.25(B)(2), 92.25(B)(3), or 92.25(B)(5) is guilty of a misdemeanor of the fourth degree.

G. Whoever violates any provision of §§92.25(E)(1) through (10) is guilty of a misdemeanor of the third degree, and shall be subject to a mandatory nonsuspendable fine of five hundred dollars. If the Court finds that the dog presents a continuing threat or danger to the public, the Court shall order that the dog be humanely destroyed.

H. Any person found guilty of violating the provisions of this chapter shall make restitution to City of Akron Customer Service Division for all expenses and fees including shelter, food and veterinary expenses necessitated by the seizure, impoundment or destruction of any dog or cat that is the subject of the violation.

I. Upon a conviction or guilty plea for a violation of §§92.25(B)(2) through (6), the Court shall make a determination as to whether the dog which is the subject of the violation presents a continuing threat or danger to the public. If the Court finds that the dog does present a continuing threat or danger to the public, the Court shall order that the dog either be humanely destroyed or kept in a manner that meets all the requirements of §§92.25(E)(1) through (10).

J. Any dog which has been banned from the city, and is found to be within the city shall be seized and upon Court order be humanely destroyed. Any dog which is the subject of a violation of §92.25(D), or a second violation of §§92.25(E)(1) through (10) shall be ordered by the Court to be humanely destroyed. (R.C. §2927.21(C)) (Ord. 109-2004: Ord. 722-1999; Ord. 13-1999; Ord. 132-1998; Ord. 294-1989)

Dayton, Ohio

Code of Ordinances City of Dayton, Ohio

CHAPTER 91. ANIMALS

Division 1. General Provisions

Division 2. Rules and Regulations

Subdivision (A). Keeping and Maintaining

Subdivision (B). Animals at Large

Division 3. Impounding

Division 4. Dogs

Division 5. Rabies Control

DIVISION 1. GENERAL PROVISIONS

Sec. 91.01. Definitions.

As used in this chapter, the following words and phrases shall have the meanings ascribed to them respectively, regardless of whether or not the words and phrases are capitalized:

Animal means all types of animals, other than human beings, both domesticated and nondomesticated.

At large means off the premises of the owner.

Dangerous dog means any dog, other than a police dog, which without provocation has a propensity to bite or cause physical harm to a person or pet.

Dog means any domesticated member of the canine species, male or female.

Exotic animal means any animal, including a hybrid offspring thereof, not indigenous to the State of Ohio.

Health officer means the Health Commissioners of the Montgomery County Combined Health District, or duly authorized representative.

Owner means any person owning, keeping, possessing, harboring, maintaining, or having the care, custody, or control of an animal.

Pet means an animal that has been adapted or tamed to live in intimate association with or for the pleasure or advantage of people and includes, but is not limited to dogs, cats, birds, rabbits, and hamsters. Pet does not mean any animal purposely kept as food.

Physical harm means any injury, illness or disease regardless of its gravity or duration.

Police dog means a dog owned by a law enforcement officer or agency and trained to assist in the performance of law enforcement duties.

Serious physical harm means any injury, illness or disease which includes a risk of death; or which requires hospitalization; or which involves some permanent or substantial temporary incapacity or disfigurement; or which involves prolonged or acute and substantial pain.

Unsecured means not securely confined indoors, or not securely restrained by means of a collar and chain, pen, fence, or similar physical device, and in such a manner which effectively prevents the animal from going beyond the premises of the owner.

Vicious animal means any animal, other than a dog, which without provocation kills or causes serious physical harm to a person or pet.

Vicious dog means any dog, other than a police dog, which without provocation kills or causes serious physical harm to a person or pet.

Wild animal means any animal, including a hybrid offspring thereof, which is not naturally tamed or domesticated.

Without provocation means that the animal was not teased, tormented, or abused by the person or pet it threatens or harms.

(Ord. 27109, passed 11-14-84; Am. Ord. 27563, passed 6-10-87; Am. Ord. 30389-04, passed 9-22-04)

Sec. 91.02. Cruelty to animals; abandonment.

(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 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 28 hours after they are so placed without supplying them with necessary food, water, and attention, nor permit such stock 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 36 hours without penalty therefor. This section does not prevent the dehorning of cattle.

(C)     All fines collected for violations of this section shall be paid to the society or association for the prevention of cruelty to animals, if there be such in the county, township, or municipal corporation where such violation occurred. (R.C. § 959.13)

Cross references: Penalty, see § 91.99.

Sec. 91.03. Indecent exhibition of animals; breeding of animals.

No person shall indecently exhibit or cause the indecent exhibition of any stallion, ass, bull, boar, dog, ram or any other animal, or let, or cause to be let any animal, male or female, to an animal of the opposite sex for sexual intercourse, unless the same shall be in some enclosed place entirely out of public view.

Cross references: Penalty, see § 91.99.

Sec. 91.04. Sale of chicks restricted.

No person shall sell or offer for sale within the corporate limits of the city, baby chickens less than three weeks of age in lots of less than six chickens to a single sale.

(Ord. 14755, passed 8-30-33)

Cross references: Penalty, see § 91.99.

Sec. 91.05. Speed of horses on streets.

(A)     No person shall ride or drive immoderately any horse or similar animal in or upon any of the streets, alleys, highways or commons of this city.

(B)     "Immoderately" shall mean at a gait and in a manner which under all the circumstances of the case reasonably may be considered dangerous to persons upon the highways or public places or places adjacent thereto.

(Ord. 12706, passed 12-30-25)

Cross references: Penalty, see § 91.99.

Sec. 91.06. Horses on sidewalks prohibited.

No person shall ride or drive any horse or similar animal upon any sidewalk or levee embankment within the city, except police officers in the performance of their official duties.

(Ord. 27924, passed 4-5-89)

Cross references: Penalty, see § 91.99.

Sec. 91.07. Prohibited animals.

(A)     No person shall keep, possess, harbor, maintain, or have care, custody, or control of any of the following exotic or wild animals within the city:

(1)     Any animal listed under the Endangered Species Act as threatened or endangered or listed on Ohio's Endangered Wildlife list;

(2)     Any animal, the keeping of which is prohibited by state or federal law;

(3)     Antelope, bison, deer, elk, and moose;

(4)     Badgers, martins, minks, skunks, weasels, otters, and wolverines;

(5)     Bats;

(6)     Bears;

(7)     Beavers, groundhogs, and porcupines;

(8)     Coyotes, foxes, and wolves;

(9)     Any cat of the family Felidae, including by way of example and not by way of limitation lions, tigers, jaguars, leopards, cougars, and ocelots, except commonly accepted domesticated house cats;

(10)     Any primate, including by way of example and not by way of limitation chimpanzees, gorillas, lemurs, and monkeys;

(11)     Alligators, crocodiles, caimans, and related crocodilians;

(12)     Snakes:

i.     That are venomous;

ii.     That are of the family Boidae (all species, including by way of example and not by way of limitation all boas, pythons, and anacondas) and more than three feet long; and

iii.     That, regardless of species, are more than eight feet long;

(13)     Monitor lizards, Gila monsters, and Mexican Beaded lizards;

(14)     Piranhas;

(15)     Scorpions and spiders with venom sufficiently potent to cause serious physical harm to a person.

(B)     The prohibition in § 91.07(A) does not apply to:

(1)     A person licensed or otherwise expressly authorized by state or federal law to keep, possess, harbor, maintain, or have care, custody, or control of an animal identified in §§ 91.07(A)(1)--(15);

(2)     A public zoo;

(3)     A traveling circus performing within the city;

(4)     A humane society;

(5)     A veterinary hospital or clinic;

(6)     A college, university, museum, or like institution engaged in bona fide scientific or educational study and research; or

(7)     A person temporarily transporting an animal identified in §§ 91.07(A)(1)--(15) through the city if the transit time within the city is not more than 24 hours and the animal is at all times maintained within a confinement sufficient to prevent the animal from escaping.

(C)     Any animal found in violation of this section is subject to impoundment, and its owner is responsible for all costs associated with that impoundment.

(Ord. 12627, passed 10-28-25; Am. Ord. 30389-04, passed 9-22-04)

Cross references: Penalty, see § 91.99.

Sec. 91.08. Confinement of exotic or wild animals.

No person shall possess or keep within the city an exotic or wild animal, not otherwise prohibited, without safely caging or otherwise confining the exotic or wild animal so as to prevent it from causing serious physical harm to a person or pet.

(Ord. 12627, passed 10-28-25; Am. Ord. 30389-04, passed 9-22-04)

Sec. 91.09. Reserved.

DIVISION 2. RULES AND REGULATIONS

Subdivision (A). Keeping and Maintaining

Sec. 91.10. Manner of keeping animals.

(A)     No person shall keep or maintain any animal in the city in such manner so as to become a public nuisance or disturb the peace, comfort, or health of any person residing within the city.

(B)     The keeping of all animals within the city shall be subject to all pertinent regulations of the State Health Department and the health officer.

Cross references: Penalty, see § 91.99.

Sec. 91.11. Keeping of vicious animals prohibited.

No person shall keep, possess, harbor, maintain, or have care, custody, or control of a vicious animal within the city.

(Ord. 27109, passed 11-14-84)

Cross references: Penalty, see § 91.99.

Sec. 91.12. Animal carcasses; removal; burial.

No owner shall permit any dead horse, cow, sheep or other animal carcass to remain within the city longer than a reasonable time for removing or burying the same, which shall be done in accordance with the rules and regulations of the health officer.

Cross references: Penalty, see § 91.99.

Sec. 91.13. Carcasses of animals for consumption to be covered when transported.

The body or part of any animal to be used for human food shall not be transported through any street unless it is covered so as to protect it from insects, animals, dust, and dirt.

Cross references: Penalty, see § 91.99.

Sec. 91.14. Injuring or poisoning animals.

(A)     No person who accidentally or otherwise strikes an animal with an automobile and injures it shall leave the scene without rendering aid and assistance in the care of such animal.

(B)     No person shall willfully or negligently poison any animal.

Cross references: Penalty, see § 91.99.

Sec. 91.15. Diseased animals.

Every person owning or having any animal under his charge within the city which he knows or suspects has been affected by any communicable disease, in particular by glanders or anthrax, shall isolate the animal from other animals and shall report the existence or suspected existence of such disease to the health officer.

Cross references: Penalty, see § 91.99.

Sec. 91.16. Fastening animals to trees; impounding.

(A)     No person shall fasten any horse or other animal to any hydrant, tree, or to any box or case around a tree, on any street or public ground except at a place designated for the hitching of horses or other animals.

(B)     Any police officer or other authorized person may impound the animal so fastened until any penalty as may be provided and any expenses reasonably incurred in keeping and caring for the animal are paid. If the fine and charges are not paid within seven days, the animal shall be deemed a stray and treated as provided for in §§ 91.20 through 91.24.

Cross references: Penalty, see § 91.99.

Sec. 91.17. Unnecessary noises by animals.

No person shall keep any animal which by causing frequent or long continued noise shall disturb one or more inhabitants of two separate residences in the vicinity. Such action is declared to be a public nuisance and detrimental to public health and welfare.

Cross references: Penalty, see § 91.99.

Sec. 91.18. Pasturing animals prohibited.

(A)     It is declared to be a nuisance and unlawful for any person, except as otherwise hereinafter provided, to harbor, pasture, keep or otherwise maintain any cattle, sheep, goats or swine within the corporate limits of the city. However, this prohibition shall not apply to the exhibition of such animals at the Montgomery County Fair Grounds during the holding of the county fair, nor at such other exhibitions as may be permitted by the health officer; nor shall such prohibition apply to the keeping of such animals for slaughter by commercial meat packers. This section shall not apply to farms within the city.

(B)     For the purpose of this section, a "farm" is defined as any plot of land not less than five acres in area and when the animals mentioned above are kept thereon no building housing such animals may be erected or maintained within 200 feet of any lot line, nor may such animals be permitted to be kept or pastured within 200 feet of any residential structure other than the residential structure of the owner or keeper of such animals.

(Ord. 16255, passed 8-6-47; Am. Ord. 19354, passed 8-5-59)

Cross references: Penalty, see § 91.99.

Sec. 91.19. Reserved.

Subdivision (B). Animals at Large

Sec. 91.20. Animals running at large prohibited.

No owner or custodian shall permit any cattle, horse, mule, swine, sheep, goat, geese, ducks, chickens or any other animal to run at large within the city. Herding such animal or tying it for grazing in any street or other public place shall be deemed running at large within the meaning of this section. To permit any such running at large is declared to be a nuisance and dangerous to public health and safety.

Cross references: Penalty, see § 91.99.

Sec. 92-21. Reserved.

Editor's note: Am. Ord. 30389-04, § 1, adopted Sept. 22, 2004, repealed § 91.21, which pertained to dangerous animals running at large.

Sec. 91.22. Animal running at large by accident.

No animal running at large by accident with a person in immediate pursuit of it shall be deemed a stray within the provisions of §§ 91.20 through 91.24.

Cross references: Penalty, see § 91.99.

Sec. 91.23. Animals at large; impounding.

Any animal led or permitted to run at large in violation of this chapter shall be impounded at the owner's expense until the penalty for the violation is paid.

Sec. 91.24. Officer may impound animal at large.

Any police officer or other officer designated by the city is authorized to capture and impound any animal found at large in accordance with §§ 91.20 through 91.24.

Secs. 91.25--91.29. Reserved.

DIVISION 3. IMPOUNDING

Sec. 91.30. Power to impound.

Any officer or agent authorized or empowered to perform any duty under this chapter is authorized to go upon any premises and seize for impounding any dog which he may lawfully seize when such officer is in immediate pursuit of such dog, except upon the premises of the owner of the dog and the owner is present and forbids the entry of the officer or agent in which event a warrant shall issue according to law at the request of such officer or agent.

Sec. 91.31. Impounding by residents.

Any resident of the city may seize any animal found running at large and deliver it to a police officer or other authorized person for impounding, or he may impound the animal in a place designated by the health officer.

Sec. 91.32. Pound; humane society; impounding.

(A)     The city may enter into a contract with the Montgomery County Humane Society or other similar agency not organized for pecuniary profit as pound keeper for the collection, keeping for redemption, and destruction of all strays found within the city in accordance with the provisions of this chapter.

(B)     The pound keeper or authorized agent of the humane society may seize and take into custody and impound or cause to be taken into custody and impounded and thereafter destroyed or disposed of as provided in §§ 91.30 to 91.41:

(1)     Any dog off the premises of the owner which the official or his agent has reason to believe is a stray dog;

(2)     Any dog off the premises of the owner without a current registration tag on his collar;

(3)     Any female dog in season off the premises of the owner.

Sec. 91.33. Impounding; notice.

If the owner or keeper of any dog seized in accordance with the provisions of §§ 91.30 to 91.41 is known, the pound keeper shall serve on such owner or keeper a notice in writing stating that the dog has been seized and will be liable to be disposed of by sale or destroyed if not claimed within seven days after the service of the notice.

Cross references: Penalty, see § 91.99.

Sec. 91.34. Impounding; notice; manner of service.

A notice under §§ 91.30 to 91.41 may be served either by delivering it to the person on whom it is to be served, by leaving it at or mailing to his usual, or last known place of abode. When convenient, the notice may be given by telephone to the owner or keeper; however, a written notice shall still be sent to such owner or keeper after the verbal notice.

Sec. 91.35. Redemption of impounded animals.

(A)     The owner of an impounded dog may reclaim his dog if he pays all reasonable expenses incurred by reason of its detention including the sum of not more than $6.00 for seizure and maintenance of the dog for the first 12 hours and the sum of $2.00 for each additional day.

(B)     If the dog is unlicensed at the time of seizure, the owner may reclaim the dog if he produces a license and registration tag for the dog before the expiration of the seven-day period.

Sec. 91.36. Impounding; who may redeem.

The owner of an impounded dog may redeem it as provided for in § 91.35. However, at the expiration of the impoundment period, any other person may claim the dog, provided such person pays the fees set out in that section.

Sec. 91.37. Disposition of unredeemed animals.

When a dog has been impounded in accordance with the provision of §§ 91.30 to 91.41 and has not been redeemed by his owner, the pound keeper or agent of the humane society or any person authorized under these sections to do so may cause the dog to be sold or destroyed in a humane manner.

Sec. 91.38. Redemption prior to sale.

Nothing contained in §§ 91.30 to 91.41 shall be construed to prevent the owner of any impounded animal from redeeming it at any time before sale, by paying all penalties, fees, costs and charges accrued up to the time the sale was stopped.

Sec. 91.39. Record of impounded dogs.

(A)     Any officer or agent authorized to impound an animal under this chapter who impounds an animal shall make a record of the breed, color, and sex of the animal and whether or not it is licensed.

(B)     If the animal is licensed, the officer shall enter the name and address of the owner and number of the license tag. The officer shall also enter in the record the disposition made of such animal.

Sec. 91.40. Interference with impounding of animals.

No person shall willfully prevent or obstruct the impounding of any animal in violation of any of the provisions of this chapter or shall take any animal out of any pound without the consent of the person in charge of the pound, or shall knowingly impound or attempt to impound any animal not legally liable to impoundment.

Cross references: Penalty, see § 91.99.

Sec. 91.41. Disposition of impounded dogs suffering from rabies or other infectious disease; rabies tests.

(A)     Any impounded dog which appears to be suffering from rabies or affected with hydrophobia, mange or other infectious or dangerous disease or which has attacked any person shall be kept at the pound until such time and under such conditions as required by the health officer. The pound keeper shall notify the health officer when he has good reason to believe that such dog is in his possession.

(B)     Whenever in the judgment of the pound keeper or health officer it becomes necessary to test a dog or the remains of a dog, suspected of being rabid, the dog shall be sent to a veterinarian and/or state laboratory for rabies-hydrophobia testing and disposition. The fees, costs, and expenses of such tests shall be paid by the owner of the dog except as otherwise provided by law.

Secs. 91.42--91.49. Reserved.

DIVISION 4. DOGS

Sec. 91.50. Control of dogs.

(A)     No person owning, keeping, possessing, harboring, maintaining, or having the care, custody, or control of a dog shall suffer or permit such dog to:

(1)     Be at large within the city unless securely attached upon a leash not more than six feet in length held in the hand of a person in a manner which continuously controls the dog.

(2)     Be unsecured while on the premises of the owner.

(3)     Snap at or attempt to bite or attempt to cause physical harm to any other person, domestic animal, or feline.

(4)     Cause physical harm to the property of another.

(5)     Bite or otherwise cause physical harm to any other person, domestic animal, or feline.

(B)     No person shall own, keep, possess, harbor, maintain, or have the care, custody, or control of a vicious dog within the city.

(C)     No person who has been previously convicted of violating §§ 91.11, 91.50(A)(5), and 91.50(B), shall own, keep, possess, harbor, maintain, or have the care, custody, or control of any dog for a period of five years following the date of said previous conviction.

(D)     Defenses.

(1)     It shall be an affirmative defense to a violation of § 91.50(A)(1) and (2) that the dog was:

(a)     Securely confined in an automobile or cage which was adequately ventilated.

(b)     Being used for lawful hunting purposes.

(c)     Being exhibited at a public dog show, zoo, museum, or public institution.

(2)     It shall be an affirmative defense to a violation of § 91.50(A)(3), (4), and (5) that at the time of the occurrence such other person, domestic animal, or feline was unlawfully on the property owned or controlled by the owner of such dog, and that such dog was not unsecured.

(3)     No public law enforcement agency or member thereof, or a licensed private law enforcement agency or member thereof, shall be convicted of any violation of this section where the dog is owned by the agency and being utilized for law enforcement purposes.

(4)     Lack of intent or knowledge is not a defense to a violation of this section.

(Ord. 27109, passed 11-14-84; Am. Ord. 27563, passed 6-10-87)

Cross references: Penalty, see § 91.99.

Sec. 91.51. Stray dogs.

Anyone who picks up any stray dogs shall immediately notify and turn the dog over to the pound keeper.

Sec. 91.52. Harboring, holding for reward or licensing of strayed or stolen dogs; exceptions.

No person shall harbor or hold for reward or procure a license for a dog which has strayed upon his premises or which has been picked up on a public street, highway or other public place unaccompanied by its owner or other person, or which has been stolen from its owner.

Cross references: Penalty, see § 91.99.

Sec. 91.53. Dangerous dog.

(A)     No person shall permit or cause a dangerous dog to be unsecured or at large, or to go unmuzzled in a public place, street, or alley.

(B)     Any animal found in violation of this section is subject to impoundment, and its owner is responsible for all costs associated with that impoundment. (R.C. § 955.28)

(Am. Ord. 30389-04, passed 9-22-04)

Sec. 91.54. Female dogs in heat.

Female dogs in heat found running at large shall be seized and impounded and shall not be released except on approval of the pound keeper and payment of the fees provided in this chapter.

Sec. 91.55. Muzzling of dogs.

The health officer is hereby empowered, whenever in his opinion it is necessary or advisable and in the interest of the public health, to make a general order directing and requiring owners of dogs within the city to muzzle the same, or to confine or quarantine them, for such time and in such manner as he shall deem and consider to be advisable or necessary for the preservation of the public health.

(Ord. 10964, passed 9-3-19)

Sec. 91.56. Notice to muzzle dogs.

Whenever the health officer shall deem it necessary or advisable in the interest of the public health to cause the dogs to be muzzled, confined, or quarantined, he shall publish a general notice thereof once in at least two newspapers of the city, directing and requiring all owners of dogs to cause the dogs to be muzzled, confined, or quarantined; or in a case where he considers any dog to be dangerous to the community, he may by special written notice to the owner thereof cause such dog to be muzzled, confined, quarantined, or destroyed.

(Ord. 10964, passed 9-3-19)

Sec. 91.57. Failure to comply with notice.

Whenever the health officer shall cause general notice to be given to the owners of dogs within the city, or a special written notice to any owner of a dog within the city, requiring the same to be muzzled, confined, quarantined, or destroyed, it shall be the duty of the owner or owners to comply with the same at once in the manner specified in the notice referred to. Upon failure of such owner or owners to comply with said notice, said dog or dogs may be taken possession of by the health officer and may be either impounded at the expense of said owner or owners, or destroyed, if in the judgment of the health officer it is in the interest of the public health that destruction shall occur.

(Ord. 10964, passed 9-3-19)

Cross references: Penalty, see § 91.99.

Sec. 91.58. Observation of vicious dogs.

The health officer, upon complaint of any person that a dog is vicious and has bitten a person or persons, shall direct the owner of the dog to confine it in a safe and proper manner to the premises of the owner for a period of ten days. During this period of ten days the health officer shall observe the dog so quarantined for the purpose of determining whether or not it is a vicious dog and dangerous to be at large.

(Ord. 12710, passed 12-30-25)

Sec. 91.59. Disposition of vicious dogs.

If at the end of ten days of observation the health officer is of the opinion that the dog is not vicious he may order the release of the dog from quarantine; or if he is of the opinion that the dog is vicious, he shall forthwith order it to be muzzled by the owner or kept without the city limits. If the health officer is of the opinion that the dog shows any symptoms of rabies he shall cause the removal of the dog to the animal shelter of the Humane Society of Montgomery County, there to be held for further observation.

(Ord. 12710, passed 12-30-25)

Sec. 91.60. Fecal matter prohibited.

While beyond the premises of the owner or keeper, the person in control of every dog shall not permit such dog to deposit any fecal matter on any other premises other than on the public right-of-way.

(Ord. 25159, passed 9-15-76)

Cross references: Penalty, see § 91.99.

Sec. 91.61. Responsibility for removal of fecal matter.

It shall be the duty and responsibility of the owner, keeper, or person in control of any dog which has deposited any fecal matter on the public right-of-way or on private premises other than that of the owner or keeper of such dog, to immediately cause said fecal matter to be removed and deposited in a suitable container or receptacle under the immediate control of the said owner, keeper, or person in control of said dog.

(Ord. 25159, passed 9-15-76)

Cross references: Penalty, see § 91.99.

Secs. 91.62--91.69. Reserved.

DIVISION 5. RABIES CONTROL

Sec. 91.70. Dogs to be immunized against rabies.

It shall be the duty of every resident of the city owning or possessing a dog to have the dog inoculated with an anti-rabic vaccine by a licensed veterinarian. The expense of inoculation shall be borne by the owner or keeper of such dog.

Cross references: Penalty, see § 91.99.

Sec. 91.71. Examination of biting dog to determine rabies.

(A)     Whenever it has been reported that a dog has bitten any person, the dog shall be confined at a place selected by the health officer and placed under the observation of a veterinarian, at the owner's expense, for a period of ten days, to determine whether the dog has rabies. The veterinarian shall make at least two examinations of the dog; the first examination at the time the dog is placed under his care, and the next examination ten days thereafter.

(B)     The owner of such dog, at the end of the examination period, shall present to the health officer, on forms furnished by the health officer, the findings of the veterinarian. The form shall be signed by the veterinarian.

(C)     If the dog is found to be suffering from rabies it shall be destroyed forthwith. If the owner of a dog which has bitten or mutilated any person refuses to surrender it, the health officer or his agents, may lawfully enter upon any premises where the dog is located and may seize and impound the dog for the purposes of this section.

Sec. 91.72. Confining animal which has attacked or bitten a person.

Either the police, health officer, or the pound keeper may serve notice upon the owner or person in charge of a dog or other animal which has attacked or bitten a person, to confine the animal at the expense of the owner or person in charge of it upon the premises of the owner or person in charge or at some other place designated in the notice, for at least ten days after the animal has attacked or bitten the person.

Sec. 91.73. Examination of animals by either police, health officer or pound keeper.

Either the police, health officer, or the pound keeper or their designees shall be permitted by the owner or person in charge of an animal which has attacked or bitten a person, to examine the animal at any reasonable time, and daily if desired, within a period of ten days after the animal has attacked or bitten a person, to determine whether the animal shows symptoms of rabies.

Sec. 91.74. Report of suspected cases of rabies.

Whenever a dog or other animal is affected by rabies or suspected of being affected by rabies or has been bitten by an animal known or suspected to be affected with rabies, the owner or person in charge of such dog or animal or any person having knowledge thereof, shall immediately notify either the police, health officer, or pound keeper.

Sec. 91.75. Report of person bitten by animal.

(A)     Every physician shall, within 12 hours after his first professional attendance upon any person bitten by a dog or other animal, report to the police, health officer, or pound keeper, the name, age, sex, race, and precise location of the person so bitten.

(B)     When a physician is not in attendance of a person bitten by an animal, then any person in charge of or in control of or responsible for the person bitten shall report the incident to the police, health officer, or pound keeper and provide the same information as set out in subsection (A).

Cross references: Penalty, see § 91.99.

Sec. 91.76. Confining animals to prevent spread of rabies.

(A)     Whenever either the police, health officer or pound keeper has reason to believe that there is danger that rabies may spread within the city such officials shall serve a notice in writing upon all persons owning or having charge of any animal requiring such person to confine such animal or, the above authorities, in lieu of serving such notice in writing, may cause a notice to be published in a newspaper of general circulation of the city.

(B)     Other animals may be included in the order whenever, in the opinion of the officials, this is necessary.

Sec. 91.77. Permit to release animals.

An animal confined under the order of either the police, health officer, or pound keeper shall not be released until a certificate of release has been issued by the official who orders the confinement.

Cross references: Penalty, see § 91.99.

Sec. 91.78. Parking of animals.

No ridden animal or animal drawn vehicle shall be permitted to stand on any portion of any highway or public lands of the city unless the driver of the animal is in charge and accompanies the same or unless such animal be securely hitched to a hitching post or hitch weight.

(Ord. 12883, passed 6-23-26; Am. Ord. 26397, passed 12-9-81)

Cross references: Penalty, see § 91.99.

Sec. 91.79. Driving animals.

While driving a vehicle with any animal or animals attached thereto, the driver shall not cease to hold the reins in his hands to guide and restrain the same; and when not riding, the driver shall walk by the head of the shaft or wheel animal holding the halter or bridle thereof.

(Ord. 12883, passed 6-23-26)

Cross references: Penalty, see § 91.99.

Secs. 91.80--91.98. Reserved.

Sec. 91.99. Penalty.

(A)     Any person who violates a section of this chapter for which no penalty is specified is guilty of a minor misdemeanor.

(B)     Any person who violates § 91.02 or 91.08 is guilty of a misdemeanor of the second degree.

(C)     Any person who violates § 91.14 or 91.50(A)(3) or 91.53 is guilty of a misdemeanor of the fourth degree.

(D)     Any person who violates § 91.60 or 91.61 shall pay a fine not less than $10.00 nor more than $25.00.

(E)     Any person who violates § 91.50(A)(1) or (2) is guilty of a minor misdemeanor for a first offense, and a misdemeanor of the fourth degree for each subsequent offense.

(F)     Any person who violates § 91.50(A)(4) is guilty of a misdemeanor of the third degree.

(G)     Any person who violates § 91.07, 91.11, 91.50(A)(5), and 91.50(B) is guilty of a misdemeanor of the first degree. Upon a subsequent violation within five years, a person shall serve a minimum term of at least three days imprisonment and pay a fine of at least $500.00, no part of which imprisonment or fine shall be suspended.

(H)     Any person who violates § 91.50(C) is guilty of a misdemeanor of the second degree.

(I)     Each day that a violation of any section of this chapter continues is a separate offense.

(Am. Ord. 26256, passed 6-3-81; Am. Ord. 27109, passed 11-14-84; Am. Ord. 27563, passed 6-10-87; Am. Ord. 30389-04, passed 9-22-04)