These Ohio ordinances cover a diversity of legal areas pertaining to animals, including the following: animals running at large, registration of dogs, abandoning, killing, or injuring animals, barking dogs, and dangerous animals.
505.01 Animals running at large.
505.02 Impounding and disposition; records.
505.03 Annual registration of dogs; tags required.
505.04 Abandoning animals.
505.05 Killing or injuring animals.
505.06 Poisoning animals.
505.07 Cruelty to animals generally.
505.071 Cruelty to companion animals.
505.08 Nuisance conditions prohibited.
505.09 Barking or howling dogs.
505.10 Animal bites; reports and quarantine.
505.11 Hunting prohibited.
505.12 Coloring rabbits or baby poultry; sale or display of poultry.
505.13 Report of escape of exotic or dangerous animal.
505.14 Dangerous animals; definitions.
505.15 Dangerous animal restrictions.
505.16 Exceptions.
505.17 Notice of keeping dangerous animals.
505.18 Seizure; impounding of dangerous animals.
505.19 Costs to be paid by responsible person.
505.20 Dangerous and vicious dogs.
505.21 Feeding of wild, health-risk animals prohibited.
505.99 Penalty.
505.01 ANIMALS RUNNING AT LARGE.
(a) No person being the owner of or having charge of cattle, horses, mules, swine, goats, sheep, geese, ducks, turkeys, chickens or other fowl or animals shall permit them to run at large upon any public place, or upon any unenclosed lands, or upon the premises of another.
(b) The running at large of any such animal in or upon any of the places mentioned in this section is prima-facie evidence that it is running at large in violation of this section. (ORC 951.02)
(c) Whoever violates this section is guilty of a minor misdemeanor.
505.02 IMPOUNDING AND DISPOSITION; RECORDS.
(a) A police officer or animal warden may impound every animal or dog found in violation of Section 505.01. If the dog is not wearing a valid registration tag and the owner is not otherwise reasonably determined, notice shall be posted in the pound or animal shelter both describing the dog and place where seized and advising the unknown owner that unless the dog is redeemed within three days, it may thereafter be sold or destroyed according to law. If the dog is wearing a valid registration tag or the identity of the owner, keeper or harborer is otherwise reasonably determined, notice shall be given by certified mail to such owner, keeper or harborer that the dog has been impounded and unless redeemed within fourteen days of the date of notice, it may thereafter be sold or destroyed according to law. Any dog seized and impounded may be redeemed by its owner, keeper or harborer at any time prior to the applicable redemption period upon payment of all lawful costs assessed against the animal and upon providing the dog with a valid registration tag if it has none.
(b) A record of all dogs impounded, the disposition of the same, the owner's name and address where known, and a statement of any costs assessed against the dog shall be kept by any poundkeeper.
505.03 ANNUAL REGISTRATION OF DOGS; TAGS REQUIRED.
(a) Except for guide dogs registered under Ohio R.C. 955.011 and dogs kept by an institution or organization for teaching and research purposes under Ohio R.C. 955.16, no person shall own, keep or harbor a dog more than three months of age without annually registering such dog with the County Auditor. Failure of any dog at any time to wear a valid registration tag shall be prima-facie evidence of lack of registration and subject such dog to impounding and disposition as provided by Ohio R.C. 955.16.
(b) Whoever violates this section is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense. (ORC 955.99(D)).
(a) No owner or keeper of a dog, cat or other domestic animal shall abandon such animal. (ORC 959.01)
(b) Whoever violates this section is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense. (ORC 959.99)
505.05 KILLING OR INJURING ANIMALS.
(a) No person shall maliciously, or willfully, and without the consent of the owner, kill or injure a farm animal, dog, cat or other domestic animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity. (ORC 959.02)
(b) Whoever violates this section, if the value of the animal killed or the injury done amounts to less than three hundred dollars ($300.00), is guilty of a misdemeanor of the second degree; if the value of the animal killed or the injury done amounts to three hundred dollars ($300.00) or more, such person is guilty of a misdemeanor of the first degree. (ORC 959.99(B))
(a) No person shall maliciously, or willfully and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to a farm animal, dog, cat, poultry or other domestic animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisoned food where it may be easily found and eaten by any of such animals, either upon his own lands or the lands of another. (ORC 959.03)
(b) Whoever violates this section is guilty of a misdemeanor of the fourth degree. (ORC 959.99(C))
505.07 CRUELTY TO ANIMALS GENERALLY.
(a) No person shall:
(1) Torture an animal, deprive one of necessary sustenance, unnecessarily or cruelly beat, needlessly mutilate or kill, or impound or confine an animal without supplying it during such confinement with a sufficient quantity of good wholesome food and water;
(2) Impound or confine an animal without affording it, during such confinement, access to shelter from wind, rain, snow or excessive direct sunlight if it can reasonably be expected that the animal would otherwise become sick or in some other way suffer. This subsection (a)(2) does not apply to animals impounded or confined prior to slaughter. For the purpose of this section, "shelter" means a man-made enclosure, windbreak, sunshade or natural windbreak or sunshade that is developed from the earth's contour, tree development or vegetation;
(3) Carry or convey an animal in a cruel or inhuman manner;
(4) Keep animals other than cattle, poultry or fowl, swine, sheep or goats in an enclosure without wholesome exercise and change of air, nor feed cows on food that produces impure or unwholesome milk;
(5) Detain livestock in railroad cars or compartments longer than twenty-eight hours after they are so placed without supplying them with necessary food, water and attention, nor permit such livestock to be so crowded as to overlie, crush, wound or kill each other.
(b) Upon the written request of the owner or person in custody of any particular shipment of livestock, which written request shall be separate and apart from any printed bill of lading or other railroad form, the length of time in which such livestock may be detained in any cars or compartments without food, water and attention, may be extended to thirty-six hours without penalty therefor. This section does not prevent the dehorning of cattle. (ORC 959.13)
(c) Whoever violates this section is guilty of a misdemeanor of the second degree. In addition, the court may order the offender to forfeit the animal or livestock and may provide for its disposition including, but not limited to, the sale of the animal or livestock. If an animal or livestock is forfeited and sold pursuant to this subsection, the proceeds from the sale first shall be applied to pay the expenses incurred with regard to the care of the animal from the time it was taken from the custody of the former owner. The balance of the proceeds from the sale, if any, shall be paid to the former owner of the animal. (ORC 959.99(D))
505.071 CRUELTY TO COMPANION ANIMALS.
(a) As used in this section:
(1) “Companion animal” means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept. “Companion animal” does not include livestock or any wild animal.
(2) “Cruelty”, “torment” and “torture” have the same meanings as in Ohio R.C. 1717.01.
(3) “Residential dwelling” means a structure or shelter or the portion of a structure or shelter that is used by one or more humans for the purpose of a habitation.
(4) “Practice of veterinary medicine” has the same meaning as in Ohio R.C. 4741.01.
(5) “Wild animal” has the same meaning as in Ohio R.C. 1531.01.
(6) “Federal animal welfare act” means the “Laboratory Animal Act of 1966", Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C.A. 2131 et seq., as amended by the “Animal Welfare Act of 1970", Pub. 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", Pub. L. No. 99-198, 99 Stat. 1354 (1985), and as it may be subsequently amended.
(b) No person shall knowingly torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against a companion animal.
(c) No person who confines or who is the custodian or caretaker of a companion animal shall negligently do any of the following:
(1) Torture, torment, needlessly mutilate or maim, cruelly beat, poison, needlessly kill, or commit an act of cruelty against the companion animal;
(2) Deprive the companion animal of necessary sustenance, confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, or impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight, if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation, confinement, or impoundment in any of those specified manners.
(d) Subsections (b) and (c) of this section do not apply to any of the following:
(1) A companion animal used in scientific research conducted by an institution in accordance with the federal animal welfare act and related regulations;
(2) The lawful practice of veterinary medicine by a person who has been issued a license, temporary permit, or registration certificate to do so under Ohio R.C. Chapter 4741;
(3) Dogs being used or intended for use for hunting or field trial purposes, provided that the dogs are being treated in accordance with usual and commonly accepted practices for the care of hunting dogs;
(4) The use of common training devices, if the companion animal is being treated in accordance with usual and commonly accepted practices for the training of animals;
(5) The administering of medicine to a companion animal that was properly prescribed by a person who has been issued a license, temporary permit, or registration certificate under Ohio R.C. Chapter 4741. (ORC 959.131)
(e)
(1) Whoever violates subsection (b) hereof is guilty of a misdemeanor of the first degree on a first offense. On each subsequent offense such person is guilty of a felony and shall be prosecuted under appropriate State law.
(2) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.
(3)
A. A court may order a person who is convicted of or pleads guilty to a violation of this section to forfeit to an impounding agency, as defined in Ohio R.C. 959.132, any or all of the companion animals in that person’s ownership or care. The court also may prohibit or place limitations on the person’s ability to own or care for any companion animals for a specified or indefinite period of time.
B. A court may order a person who is convicted of or pleads guilty to a violation of this section to reimburse an impounding agency for the reasonably necessary costs incurred by the agency for the care of a companion animal that the agency impounded as a result of the investigation or prosecution of the violation, provided that the costs were not otherwise paid under Ohio R.C. 959.132.
(4) If a court has reason to believe that a person who is convicted of or pleads guilty to a violation of this section suffers from a mental or emotional disorder that contributed to the violation, the court may impose as a community control sanction or as a condition of probation a requirement that the offender undergo psychological evaluation or counseling. The court shall order the offender to pay the costs of the evaluation or counseling. (ORC 959.99)
505.08 NUISANCE CONDITIONS PROHIBITED.
(a) No person shall keep or harbor any animal or fowl in the Municipality so as to create noxious, or offensive odors or unsanitary conditions which are a menace to the health, comfort or safety of the public.
(b) Whoever violates this section is guilty of a minor misdemeanor.
505.09 BARKING OR HOWLING DOGS.
(a) No person shall keep or harbor any dog within the Municipality which, by frequent and habitual barking, howling or yelping, creates unreasonably loud and disturbing noises of such a character, intensity and duration as to disturb the peace, quiet and good order of the Municipality. Any person who shall allow any dog habitually to remain, be lodged or fed within any dwelling, building, yard or enclosure, which he occupies or owns, shall be considered as harboring such dog.
(b) Whoever violates this section is guilty of a minor misdemeanor.
505.10 ANIMAL BITES; REPORTS AND QUARANTINE.
(a) Whenever any person is bitten by a dog or other animal, report of such bite shall be made to the Health Commissioner within twenty-four hours. Whenever it is reported to the Health Commissioner that any dog or cat has bitten a person, that dog or cat shall be quarantined under an order issued by the Health Commissioner. The dog or cat shall be quarantined by its owner or by a harborer, or shall be quarantined in a pound or kennel. In all cases, such quarantine shall be under the supervision of the Health Commissioner and shall be at the expense of the owner or harborer. Quarantine shall continue until the Health Commissioner determines that the dog or cat is not afflicted with rabies. The quarantine period hereby required shall not be less than ten days from the date on which the person was bitten. If at any time during the quarantine, the Health Commissioner requires the dog or cat to be examined for symptoms of rabies, then the examination shall be by a licensed doctor of veterinary medicine. The veterinarian shall report to the Health Commissioner the conclusions reached as a result of the examinations. The examination by a veterinarian shall be at the expense of the owner or harborer. No dog or cat shall be released from the required quarantine unless and until it has been properly vaccinated against rabies.
No person shall fail to comply with the requirements of this section or with any order of the Health Commissioner made pursuant thereto, nor fail to immediately report to the Health Commissioner any symptoms or behavior suggestive of rabies.
(b) Whoever violates this section is guilty of a minor misdemeanor.
505.11 HUNTING PROHIBITED.
(a) No person shall hunt, kill or attempt to kill any animal or fowl by the use of firearms, bow and arrow, air rifle or any other means within the corporate limits of the Municipality.
(b) Whoever violates this section is guilty of a minor misdemeanor.
505.12 COLORING RABBITS OR BABY POULTRY; SALE OR DISPLAY OF POULTRY.
(a) No person shall dye or otherwise color any rabbit or baby poultry, including, but not limited to, chicks and ducklings. No person shall sell, offer for sale, expose for sale, raffle or give away any rabbit or poultry which has been dyed or otherwise colored. No poultry younger than four weeks of age may be sold, given away or otherwise distributed to any person in lots of less than six. Stores, shops, vendors and others offering young poultry for sale or other distribution shall provide and operate brooders or other heating devices that may be necessary to maintain poultry in good health, and shall keep adequate food and water available to the poultry at all times. (ORC 925.62)
(b) Whoever violates this section is guilty of a minor misdemeanor.
505.13 REPORT OF ESCAPE OF EXOTIC OR DANGEROUS ANIMAL.
(a) The owner or keeper of any member of a species of the animal kingdom that escapes from his custody or control and that is not indigenous to this State or presents a risk of serious physical harm to persons or property, or both, shall, within one hour after he discovers or reasonably should have discovered the escape, report it to:
(1) A law enforcement officer of the Municipality and the sheriff of the county where the escape occurred; and
(2) The Clerk of the Municipal Legislative Authority.
(b) If the office of the Clerk of the Legislative Authority is closed to the public at the time a report is required by subsection (a) hereof, then it is sufficient compliance with subsection (a) hereof if the owner or keeper makes the report within one hour after the office is next open to the public.
(c) Whoever violates this section is guilty of a misdemeanor of the first degree. (ORC 2927.21)
505.14 DANGEROUS ANIMALS; DEFINITIONS.
As used in this chapter certain words are defined as follows, unless the context otherwise requires:
(a) "Dangerous animal" means any animal other than domestic dogs and cats, which in a wild state are carnivorous or which because of their nature or physical makeup are capable of inflicting serious physical harm or death to human beings, including but not limited to such animals which belong to the cat family or snakes, which are poisonous or otherwise present a risk of serious physical harm or death to human beings as a result of their nature or physical makeup, including all constrictors; and all bears, wolverines, badgers, lions, tigers and such other animals as the Director of Public Safety determines by written rules to be dangerous animals.
(b) "Own, keep or harbor" means to have legal title to or custody or control over any dangerous animal in the City, except as otherwise provided in Section 505.16.
(c) "Person" means any natural person, association, partnership, organization, or corporation.
(d) "Serious physical harm" means serious physical harm as defined in Section 501.01. (Ord. 82-110. Passed over Mayor's veto 7-12-82.)
505.15 DANGEROUS ANIMAL RESTRICTIONS.
Except as provided in Section 505.16, no person shall own, keep or harbor any dangerous animal in the City. (Ord. 82-110. Passed over Mayor's veto 7-12-82.)
The provisions of Sections 505.14 and 505.15, shall not apply to any keeping of such animals in a bona-fide licensed veterinary hospital for treatment, bona-fide educational or medical institutions, museums or any other place where they are kept as live for study or to a circus, carnival, zoo or other event for entertainment, which is authorized by law by the proper and responsible official or officials of the City, provided that proper bond or insurance is posted to indemnify those who may be injured or killed by dangerous animals. The type and amount of such bond or insurance shall be determined by the Director of Law, except where otherwise provided by ordinance. (Ord. 82-110. Passed over Mayor's veto 7-12-82.)
505.17 NOTICE OF KEEPING DANGEROUS ANIMALS.
Upon the written complaint of any person that a person owns or is keeping or harboring a dangerous animal on premises in the City, the Director of Public Safety shall forthwith cause the matter to be investigated and if after investigation, the facts indicate that such person, named in the complaint, is in fact the owner or is keeping or harboring any such dangerous animal in the City, he shall forthwith send written notice to such person, requiring such person to safely remove such animal from the City, within three days of the date of such notice. Notice as herein provided shall not be required where such dangerous animal has previously caused serious physical harm or death to any person, or has escaped and is at large in which case the Director of Public Safety shall cause such animal to be immediately seized and impounded, according to the provisions of Section 505.18 or killed, if seizure and impoundment are not possible without risk of serious physical harm or death to any person. (Ord. 82-110. Passed over Mayor's veto 7-12-82.)
505.18 SEIZURE; IMPOUNDING OF DANGEROUS ANIMALS.
The Director of Public Safety, shall forthwith cause to be seized and impounded any dangerous animal, where the person owning, keeping or harboring such animal, has failed to comply with the notice sent pursuant to Section 505.17. Upon a seizure and impoundment, such animals shall be delivered to a place of confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animals.
If during the course of seizing and impounding any such animal, the animal poses a risk of serious physical harm or death to any person, such person or persons authorized by the Director of Public Safety may render such animal immobile by means of tranquilizers or other safe drugs or if that is not safely possible, then the animal may be killed. (Ord. 82-110. Passed over Mayor's veto 7-12-82.)
505.19 COSTS TO BE PAID BY RESPONSIBLE PERSON.
Any reasonable costs incurred by the Director of Public Safety in seizing, impounding and confining any dangerous or wild animal shall be charged against the owner or keeper or harborer of such animal and shall be collected by the Director of Law. (Ord. 82-110. Passed over Mayor's veto 7-12-82.)
505.20 DANGEROUS AND VICIOUS DOGS.
(a) As used in this section:
(1)
A. "Dangerous dog" means a dog that, without provocation, and subject to subsection (a)(1)B. hereof, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper or harborer and not under the reasonable control of its owner, keeper, harborer or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top.
B. "Dangerous dog" does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(2) "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) "Police dog" means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.
(4)
A. "Vicious dog" means a dog that, without provocation and subject to subsection (a)(4)B. hereof, meets any of the following:
1. Has killed or caused serious injury to any persons;
2. Has caused injury, other than killing or serious injury to any person, or has killed another dog;
3. Is a pit bull terrier, the ownership, keeping or harboring of such a dog shall be prima-facie evidence of the ownership, keeping or harboring of a vicious dog.
B. "Vicious dog" does not include either of the following:
1. A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or serious injury, to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;
2. A dog that has killed or caused serious injury to any person while a person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.
C. "Pit bull terrier" as used herein includes any American Pit Bull Terrier, any Bull Terrier, any Staffordshire 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 American Pit Bull Terrier, Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier as to be identifiable as partially of the breed of American Pit Bull Terrier, Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier.
(5) "Without provocation" means that a dog was not teased, tormented or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity. (ORC 955.11)
(b) Except when a dangerous or vicious dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of a dangerous or vicious dog shall fail to do either of the following:
(1) While that dog is on the premises of the owner, keeper or harborer, securely confine it at all times in a building, in a locked pen that has a top, locked fenced yard or other locked enclosure that has a top, except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained;
(2) While that dog is off the premises of the owner, keeper or harborer, keep that dog on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:
A. Keep that dog in a locked pen that has a top, locked fenced yard or other locked enclosure that has a top;
B. Have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie or affix the leash or tether to the ground or stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person;
C. Muzzle that dog.
(c) No owner, keeper or harborer of a vicious dog shall fail to obtain 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 one hundred thousand dollars ($100,000) because of damage or bodily injury to or death of a person caused by the vicious dog. (ORC 955.22)
(d) If a violation of subsection (b) hereof involves a dangerous dog, whoever violates that subsection is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense. Additionally, the court may order the offender to personally supervise the dangerous dog that the offender owns, keeps or harbors, to cause that dog to complete dog obedience training, or to do both, and the court may order the offender to obtain liability insurance pursuant to subsection (c) hereof. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the Dog Warden or the humane society.
(e) If a violation of subsection (b) hereof involves a vicious dog, whoever violates that subsection is guilty of one of the following:
(1) A misdemeanor of the first degree on a first offense. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the Dog Warden or the humane society.
(2) A misdemeanor of the first degree if the dog causes injury other than killing or serious injury, to any person.
(f) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree. (ORC 955.99; Ord. 87-119. Passed 9-14-87.)
505.21 FEEDING OF WILD, HEALTH-RISK ANIMALS PROHIBITED.
(a) No person shall willfully feed or harbor or entice any dangerous wild animal within the limits of the City, which could constitute a health risk to humans or domesticated animals.
(b) These health risk wild animals include, but are not limited to, rodents, raccoons, opossums, skunks, groundhogs, or any other animal capable of passing harmful viruses, fungi, or bacteria to domestic animals or human beings.
(c) Rabbits, squirrels, and wild birds are not considered wild animals in the meaning of this section and they may be fed within the City providing reasonable efforts are made to avoid access to the feed by animals covered in subsection (a) hereof.
(d) Any person or domestic animal requiring medical attention because of contact with the animals described in subsection (a) hereof,such treatment shall be at the cost of the person in violation of subsection (a) hereof.
(e) Any costs of any individual or animal being tested for health problems caused by violation of subsection (a) hereof shall be charged to the person who is in violation of subsection (a) hereof. (Ord. 96-104. Passed 7-22-96.)
505.99 PENALTY .
(EDITOR'S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)
Whoever violates any provision of Section 505.15 to 505.18 is guilty of a misdemeanor of the fourth degree for the first offense, and for each subsequent offense under such sections, is guilty of a misdemeanor of the third degree, provided however, that each day a person fails to abide by the notice sent by the Director of Public Safety, after the expiration date therein shall constitute a distinct and separate offense. (Ord. 82-110. Passed over Mayor's veto 7-12-82.)