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City of Waterville Dog Related Ordinances

 

Please contact the City of Waterville for any questions related to these ordinances.

 

505.01   Dogs and other 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.

505.13   Report of escape of exotic or dangerous animal.

505.14   Dangerous dogs.

505.99   Penalty.

 

505.01  DOGS AND OTHER ANIMALS RUNNING AT LARGE.
   (a)   Definitions.  For the purpose of this chapter the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   “At large”  means off the premises of the owner or premises of a consenting owner, tenant, or lessee, and not under the control of an owner, handler, or some responsible person, or lawfully engaged in hunting accompanied by an owner or handler.
      (2)   “Dog”  includes both male and female.
      (3)   “Harboring”  means allowing any dog habitually to remain, be lodged, and fed on or within premises owned, leased, or occupied by any person.
      (4)   “Owner”  means any person, firm, association, or corporation owning, keeping, or harboring a dog.
 
   (b)   Animals Running at Large. 
      (1)   A person, firm, or corporation which is the owner or has charge of any animals or fowl shall not permit them to run at large in the public road, highway, street, lane, or alley, or upon unenclosed land, or permit them to go upon any private yard, lot, or enclosure without the consent of the owner of the yard, lot, or enclosure.
      (2)   No person, firm, or corporation shall cause animals to be herded, kept, or detained for the purpose of grazing on premises other than those owned or occupied by the owner or keeper thereof.
      (3)   The running at large of 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.
      (4)   Whoever violates the provisions of this section, for which another penalty is not provided, is guilty of a misdemeanor of the fourth degree.
      (5)   The owner or keeper of an animal described herein who permits it to run at large in violation of this section, is liable for all damages caused by such animal upon the premises of another without reference to the fence which may enclose such premises.
         (1980 Code 90.01, 90.02(A); Ord. 12-65.)
 
505.02  IMPOUNDING AND DISPOSITION; RECORDS.
   (a)   Any dog, cat, or other animal running at large or otherwise found to be in violation of any provision of law within the Municipality may be taken up by any police officer of the Municipality and impounded in the Municipal Pound for a period not to exceed three days. After that time the animal shall be released to the custody of the County Dog Warden to be disposed of in the manner provided by state statutes or the rules and regulations of any agency or board established under such statutes; or, the police officer shall make such other disposition as he deems appropriate.
 
   (b)   (1)   The owner or keeper of any animal impounded may redeem such animal from the Municipal Pound on presentation of proof of ownership and proper licensing, together with a receipt for the payment of the applicable pick-up and impoundment fees.  Such fees shall be in amounts as determined from time to time by Council.
      (2)   The above fees shall be charged and collected in addition to any fees imposed by Lucas County or other governmental authorities and in addition to any penalties which might otherwise be imposed in this Code.
 
   (c)   A record of all dogs impounded, the disposition of such dogs, the owner’s name and address, where known, and a statement of any costs or receipts against such dog shall be kept and furnished monthly to the Municipal Administrator. 
(1980 Code 90.03; Ord. 13-78;  Ord. 01-09.  Passed 2-9-09.)
 
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)).
 
505.04  ABANDONING ANIMALS.
   (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, or to trespassing animals as set forth in Ohio R.C. 959.04.
(ORC 959.02)
 
   (b)   Except as otherwise provided herein, whoever violates this section 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))
 
505.06  POISONING ANIMALS.
   (a)   No person shall maliciously, or willfully and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to a farm animal, dog, cat, poultry or other domestic animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisoned food where it may be easily found and eaten by any of such animals, either upon his own lands or the lands of another.  This section does not apply to trespassing animals as set forth in Ohio R.C. 959.04.
(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.
      (7)   “Dog kennel” means an animal rescue for dogs that is registered under Ohio R.C. 956.06, a boarding kennel or a training kennel.
 
   (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)   Commit any act by which unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
      (2)   Omit any act of care by which unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
      (3)   Commit any act of neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
      (4)   Needlessly kill the companion animal;
      (5)   Deprive the companion animal of necessary sustenance, confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, or impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow, or excessive direct sunlight, if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation, confinement, or impoundment in any of those specified manners.
 
   (d)   No owner, manager, or employee of a dog kennel who confines or is the custodian or caretaker of a companion animal shall negligently do any of the following:
      (1)   Commit any act by which unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
      (2)   Omit any act of care by which unnecessary or unjustifiable pain or suffering is caused, permitted, or allowed to continue, when there is a reasonable relief, against the companion animal;
      (3)   Commit any act of neglect by which unnecessary or unjustifiable pain or suffering is caused, permitted or allowed to continue, when there is a reasonable remedy or relief, against the companion animal;
      (4)   Needlessly kill the companion animal;
      (5)   Deprive the companion animal of necessary sustenance, confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, or impound or confine the companion animal without affording it, during the impoundment or confinement, with access to shelter from heat, cold, wind, rain, snow or excessive direct sunlight if it can reasonably be expected that the companion animal would become sick or suffer in any other way as a result of or due to the deprivation, confinement, or impoundment or confinement in any of those specified manners.
 
   (e)   Subsections (b), (c) and (d) 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)
 
   (f)   (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)   Whoever violates subsection (d) hereof is guilty of a misdemeanor of the first degree.
      (4)   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.
      (5)   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 offensive odors or unsanitary conditions which are a menace to the health, comfort, or safety of the public.
 
   (b)   No person shall own, keep, or harbor any dog within the Municipality which by aggressive or menacing activity causes serious annoyance or disturbance to persons residing or lawfully being in the neighborhood thereof.
 
   (c)   No owner of any dog within the Municipality shall permit the dog within the Municipality to commit nuisances or damage public or improved private property other than the property of the owner or in street gutters or ditches. 
(1980 Code 90.07)
 
   (d)   The owner, keeper or harborer of any dog, cat or other animal:
      (1)   Shall not knowingly permit the animal to defecate on the property, either public or private, of another without the owner, keeper or harborer having in his possession the necessary tools or equipment to remove the defecation.
      (2)   Shall use the necessary tools or equipment to remove the defecation from the property forthwith.
 
   (e)   Any person who shall violate any provisions of subsection (d) hereof shall be guilty of a minor misdemeanor.  Punishment shall be as provided in Section 501.99.
(Ord. 29-06.  Passed 9-25-06.)
 
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 any wild bird or wild quadruped within the limits of the Municipality.
 
   (b)   For the purposes of this section, “hunt” means to pursue, shoot, kill, or capture wild birds or wild quadrupeds and all other acts such as placing, setting, drawing, or employing any device commonly used to kill or capture wild birds or quadrupeds.
 
   (c)   Nothing in this section shall preclude or prohibit the trapping and capture of wild pigeons, starlings, or such other wild birds or quadrupeds as may be declared a nuisance by Council, provided such trapping, capture, and subsequent destruction thereof is accomplished in compliance with rules and regulations established by the Chief of Police, and that any person so doing, before engaging in such trapping, capture, or destruction, has obtained the written permission of the Chief of Police to do so. 
(1980 Code 90.09; Ord. 466.)
 
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 DOGS.
   (a)   Except when a dangerous 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 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;
      (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.
 
   (b)   No owner, keeper or harborer of a dangerous dog shall fail to do the following:
      (1)   Obtain liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence because of damage or bodily injury to or death of a person caused by the dangerous dog if so ordered by a court and provide proof of that liability insurance upon request to any law enforcement officer, County Dog Warden, or public health official charged with enforcing this section;
      (2)   Obtain a dangerous dog registration certificate from the County Auditor pursuant to Ohio R.C. 955.22(I), affix a tag that identifies the dog as a dangerous dog to the dog’s collar, and ensure that the dog wears the collar and tag at all times;
      (3)   Notify the local Dog Warden immediately if any of the following occurs:
         A.   The dog is loose or unconfined.
         B.   The dog bites a person, unless the dog is on the property of the owner of the dog, and the person who is bitten is unlawfully trespassing or committing a criminal act within the boundaries of that property.
         C.   The dog attacks another animal while the dog is off the property of the owner of the dog.
      (4)   If the dog is sold, given to another person, or dies, notify the County Auditor within ten days of the sale, transfer or death.
         (ORC 955.22)
 
   (c)   Whoever violates subsection (a) hereof 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 (b) 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 at the owner’s expense.
 
   (d)   (1)   Whoever violates subsection (b)(2) hereof is guilty of a misdemeanor of the fourth degree. 
      (2)   Whoever violates subsections (b)(1), (3) or (4) hereof is guilty of a minor misdemeanor.  (ORC 955.99)
 
505.99  PENALTY.
   (EDITOR’S NOTE:  See Section 501.99 for penalties applicable to any misdemeanor classification.)