Please contact the City of Maumee for any questions related to these ordinances.
505.01 Dogs and other animals running at large.
505.02 Impounding and disposition.
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.
505.15 Trapping restricted.
505.17 Rabies immunization required.
505.99 Penalty
505.01 DOGS AND OTHER ANIMALS RUNNING AT LARGE.
(a) No person being the owner, keeper, or harborer of cats, cattle, horses, swine, sheep, geese, ducks, goats, turkeys, chickens, or any other fowl or animals shall permit such animal or fowl to run at large upon any public place, or upon any unenclosed lands or upon the premises of another. Any animal which is not on the property of the owner, keeper or harborer of such animal must be on leash at all times.
(b) No owner, keeper, or harborer of any female dog shall permit it to go beyond the premises of the owner, keeper, or harborer at any time the dog is in heat, unless the dog is properly in leash.
(c) No owner, keeper or harborer of any dog shall fail at any time to keep it either physically confined or restrained upon the premises of the owner, keeper, or harborer by a leash, tether, adequate fence, supervision, or secure enclosure to prevent escape, or under reasonable control of some person.
(d) The running at large of any such animal or fowl 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.
(e) (1) 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.
(2) In addition to the penalties prescribed in subsection (e)(1) hereof, if the offender is guilty of a violation of subsection (b) or (c) hereof, the court may order the offender to personally supervise the animal or fowl that he owns, keeps, or harbors, or to cause the animal or fowl to complete obedience school, if applicable, or both.
(Ord. 63-2001. Passed 4-16-01.)
505.02 IMPOUNDING AND DISPOSITION.
After seizing any animal found to be in violation of any provisions of Section 505.01, the animal may be impounded for a period of not exceeding three days. During such time the owner or keeper thereof may secure the release of the animal upon proof that such owner or keeper has duly registered the animal if required by law, and upon payment to such agent of the City as the Director of Public Safety may direct, such fee as established by ordinance of Council.
The 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 may be imposed. If the animal is not so redeemed within the three-day period, the City shall deliver the animal to the County Dog Warden or shall make such other disposition as is deemed appropriate.
(1964 Code Sec. 92.09)
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.
(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))
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.
(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 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. This subsection (a)(2) does not apply to animals impounded or confined prior to slaughter. For the purposes 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 inhumane 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 meat or 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 written request of the owner or person in custody of any particular shipment of livestock, which written request shall be separate and apart from any printed bill of lading or other railroad form, the length of time in which such livestock may be detained in any cars or compartments without food, water, and attention may be extended to thirty-six hours without penalty therefor. This section does not prevent the dehorning of cattle.
(c) Whoever violates this section is guilty of a misdemeanor of the 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.
(Ord. 63-2001. Passed 4-16-01.)
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 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, yard or enclosure, which such person owns or occupies, shall be considered as harboring such dog.
(b) Whoever violates this section is guilty of harboring a barking dog, a minor misdemeanor. If the offender has been previously convicted of a violation of this section, then any subsequent violation of this section is a misdemeanor of the fourth degree.
(Ord. 110-1998. Passed 8-6-98.)
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 of fowl by the use of firearms, bow and arrow, air rifle or any other means within the corporate limits of the Municipality.
(b) The prohibitions of this section do not apply to members of the Division of Police or other duly authorized agents or employees of the City who are acting in an official capacity to protect the public health, safety and welfare.
(c) Whoever violates this section is guilty of a minor misdemeanor.
(Ord. 128-1992. Passed 10-19-92.)
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)
505.15 TRAPPING RESTRICTED.
(a) No person shall trap any animal or fowl within the City without first obtaining a permit from the Safety Director or his designee.
(b) Permits issued pursuant to regulations promulgated by the Department of Public Safety shall specify that:
(1) All traps must bear the name of the owner;
(2) The trapper must notify the animal control officer where the traps will be set;
(3) Each trap must be checked at least once every twenty-four hours.
(c) Whoever violates this section is guilty of a minor misdemeanor.
505.17 RABIES IMMUNIZATION REQUIRED.
(a) Any person who keeps or harbors a dog or cat within the City shall keep such dog or cat immunized or reimmunized against rabies by a method listed in the U.S. Department of Health, Education, and Welfare Center for Disease Control Rabies Compendium or any other method approved by the Director of Health, so that the dog or cat is continually protected against contracting rabies, provided, however, that dogs and cats need not be immunized before reaching the age of three months.
(b) Dogs or cats entering the City temporarily for dog or cat shows, exhibitions, and/or breeding purposes shall not be allowed out of the owner’s, keeper’s, or handler’s control unless properly immunized, and all dogs or cats entering the City for field trials or hunting purposes, or any other purpose, shall be properly immunized. All such immunized dogs and cats shall be accompanied by an immunization certificate supplied by the veterinarian who immunized the dog or cat.
(c) All veterinarians immunizing or reimmunizing dogs and cats shall keep a record of such immunization or reimmunization and shall, at the time of such immunizing or reimmunizing, give the owner or keeper of the animal a certificate of immunization which shall include a number identifying the individual record, a complete description of the animal, the place where the animal is kept or harbored, the name and address of the owner, keeper, or harborer of the animal, date and type of immunization or reimmunization, and such other pertinent information as needed, along with the signature and typed name and address of the veterinarian. The veterinarian shall forward a copy of the certificate to the Director of Health within thirty days of its issuance. The Director of Health shall then forward a copy thereof to the Lucas County Dog Warden.
(d) The certificate described in subsection (c) hereof shall be made on multiple-copy forms certified by the Director of Health.
(e) Nothing in this section shall be interpreted to mean that dogs or cats immunized or reimmunized shall be allowed to run at large in violation of any rabies quarantine, law, ordinance, or regulation.
(f) All veterinarians who immunize or reimmunize a dog against rabies shall provide a tag approved by the Director of Health, which shall have thereon permanently affixed the year of immunization or reimmunization and the number indicating the record prescribed in subsection (c) hereof. Such tag shall be securely fastened to the collar or harness worn by the dog.
(g) No veterinarian or person who keeps or harbors a dog or cat shall be required to provide or obtain a certificate for a rabies immunization administered before the date this section is effective. However, the provisions of this section must be complied with at the time of reimmunization thereafter or the time when the current immunization or reimmunization loses its effectiveness, whichever is earlier.
(h) Whoever violates any provision of this section is guilty of a minor misdemeanor. Each day’s violation shall constitute a separate offense.
(Ord. 63-2001. Passed 4-16-01.)
505.99 PENALTY.
(EDITOR’S NOTE: See Section 501.99 for penalties applicable to any misdemeanor classification.)