Chapter 505: Animals and Fowl

Sections

Cross references

  • See sectional histories for similar State law
  • Owner or keeper liable for damages - see Ohio R.C. 951.10
  • Dog registration - see Ohio R.C. 955.01
  • Discharging firearms prohibited - see GEN. OFF. 549.12

505.01   Animals not under control

  1. (a) No owner, keeper or person in charge of a dog, cattle, sheep, pigs, hogs, geese, ducks, turkeys, chickens, or other fowl animals shall permit such animal to run at large or shall fail to control such animal anywhere within the Village. Testimony that an animal was not on the property of its owner, keeper or person in charge, or was not held securely in leash by a person accompanying such animal when found shall be prima-facie evidence that the animal was not under control. For purposes of subsections (a), (b), (c) and (d) hereof, strict criminal liability is contemplated herein.

  2. (b) Whoever violates subsection (a) hereof is guilty of a misdemeanor of the fourth degree and each subsequent violation of subsection (a) hereof within a period of three (3) years of the first violation shall be a misdemeanor of the third degree.

  3. (c) Notwithstanding the above, a violation of subsection (a) hereof shall be a misdemeanor of the second degree when such animal is found to have attacked or bitten a person either while at large, or when leashed and not on the property of its owner, keeper or person in charge, and a misdemeanor of the third degree when such animal is found to have attacked or bitten another domestic animal while at large, or while leashed but not under control as described herein.

  4. (d) Each subsequent violation of subsection (c) hereof within a period of three (3) years shall be a misdemeanor of the first degree in the event a human being is attacked or bitten and a misdemeanor of the second degree in the event a domestic animal is attacked or bitten.
    (Ord. 2020-36. Passed 10-12-20.)

505.02   Impounding of dogs; disposal

(Editor’s note: Former Section 505.02 was repealed by Ordinance 2005-28, passed June 13, 2005.)

505.03   Annual registration of dogs; tags required

  1. (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.

  2. (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)

505.04   Abandoning animals

  1. (a) No owner or keeper of a dog, cat or other domestic animal shall abandon such animal.
    (ORC 959.01)

  2. (b) Whoever violates subsection (a) 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.
    (ORC 959.99 (E)(3))

505.05   Killing or injuring animals; tormenting of police dogs

  1. (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, law enforcement officer, dog warden or other Village personnel acting in an official capacity, nor shall it apply to a person acting in self-defense.

  2. (b) No person shall tease, torment, beat, strike, torture, mutilate, injure, disable, poison or kill any dog used by the Police Department of the Village of Chagrin Falls, or by any police department on call by way of mutual aid to the Village of Chagrin Falls.

  3. (c) No person shall interfere with or meddle with any dog used by the Police Department of the Village of Chagrin Falls, or by any other police department responding to mutual aid to the Village of Chagrin Falls during the course of activities being performed on behalf of the Police Department.

  4. (d) Whoever violates this section is guilty of a misdemeanor of the first degree.
    (Ord. 1996-42. Passed 10-14-96.)

505.06   Poisoning animals

  1. (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)

  2. (b) Whoever violates this section is guilty of a misdemeanor of the third degree.
    (ORC 959.99(C))

505.07   Cruelty to animals generally

  1. (a) No person shall:

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

    4. (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. (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.

  2. (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)

  3. (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)

505.071   Cruelty to companion animals

  1. (a) As used in this section:

    1. (1) “Companion animal” means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept, including a pet store as defined in Ohio R.C. 956.01. “Companion animal” does not include livestock or any wild animal.

    2. (2) “Cruelty”, “torment” and “torture” have the same meanings as in Ohio R.C. 1717.01.

    3. (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. (4) “Practice of veterinary medicine” has the same meaning as in Ohio R.C. 4741.01.

    5. (5) “Wild animal” has the same meaning as in Ohio R.C. 1531.01.

    6. (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. (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.

  2. (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.

  3. (c) No person who confines or who is the custodian or caretaker of a companion animal shall negligently do any of the following:

    1. (1) Torture, torment or commit an act or cruelty against the companion animal;

    2. (2) Deprive the companion animal of necessary sustenance, or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, 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 or confinement;

    3. (3) 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 lack of adequate shelter.

  4. (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. (1) Torture, torment, or commit an act of cruelty against the companion animal;

    2. (2) Deprive the companion animal of necessary sustenance, or confine the companion animal without supplying it during the confinement with sufficient quantities of good, wholesome food and water, 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 or confinement;

    3. (3) 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 lack of adequate shelter.

  5. (e) Subsections (b), (c) and (d) of this section do not apply to any of the following:

    1. (1) A companion animal used in scientific research conducted by an institution in accordance with the federal animal welfare act and related regulations;

    2. (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. (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. (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. (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.

  6. (f) Notwithstanding any section of the Ohio Revised Code that otherwise provides for the distribution of fine moneys, the Clerk of Court shall forward all fines the Clerk collects that are so imposed for any violation of this section to the Treasurer of the municipality, whose county humane society or law enforcement agency is to be paid the fine money as determined under this section. The Treasurer shall pay the fine moneys to the county humane society or the county, township, municipal corporation, or state law enforcement agency in this state that primarily was responsible for or involved in the investigation and prosecution of the violation. If a county humane society receives any fine moneys under this section, the county humane society shall use the fine moneys either to provide the training that is required for humane society agents under Ohio R.C. 1717.061 or to provide additional training for humane society agents.
    (ORC 959.131)

  7. (g)

    1. (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. (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. (3) Whoever violates subsection (d) hereof is guilty of a misdemeanor of the first degree.

    4. (4)

      1. (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.

      2. (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. (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

  1. (a) No person shall keep or harbor any animal in the Municipality so as to create offensive odors, excessive noise or unsanitary conditions which are a menace to the health, comfort or safety of the public, or otherwise permit the commission or existence of a nuisance as defined hereinafter.

  2. (b) Any animal, which by biting or frequent and habitual barking, howling or yelping, or in any way or manner injures or disturbs the quiet of any person or the community, or which disturbs or endangers the comfort, repose or health of persons, is hereby declared to be committing a nuisance. It shall be unlawful for any owner or person having custody of such animal to harbor or permit it to commit such nuisance.

  3. (c) Any animal which scratches, digs, urinates or defecates upon any lawn, tree, shrub, plant, building or any other public or private property, other than the property of the owner or person in charge or control of such animal, is hereby declared to be a nuisance.

  4. (d) No person being the owner or in charge or control of any animal shall allow or permit such animal to commit a nuisance on any school grounds, Municipal park or other public property, or upon any private property other than that of the owner or person in charge or control of such animal without the permission of the owner of such property. Where the owner or person in charge or control of such animal immediately removes all feces deposited by such animal and disposes of same in a sanitary manner, such nuisance shall be considered abated.

  5. (e) Whoever violates this section is guilty of a misdemeanor of the third degree.
    (Ord. 1979-1167. Passed 8-27-79.)

505.09   Barking or howling dogs

  1. (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.

  2. (b) Whoever violates this section is guilty of a misdemeanor of the third degree.

505.10   Animal bites; reports and quarantine

  1. (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. The dog or other animal inflicting a bite shall immediately be examined by a qualified veterinarian and results of such examination shall be reported to the Health Commission within twenty-four hours. At the direction of the Health Commissioner, the dog or other animal shall either be confined by its owner or harborer to his premises away from the public at large, or be placed under supervision of a veterinarian at the owner’s or harborer’s expense. The isolation or observation period shall not be less than ten days from the date the person was bitten at which time report of the condition of the animal shall be made to the Health Commissioner.

    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 symptom or behavior suggestive of rabies.

  2. (b) Whoever violates this section is guilty of a misdemeanor of the third degree.

505.11   Hunting prohibited

  1. (a) The hunting of animals or fowl within the Municipality is prohibited. No person shall hunt, kill or attempt to kill any animal or fowl by the use of firearms or any other means.

  2. (b) Whoever violates this section is guilty of a misdemeanor of the third degree.

505.12   Coloring rabbits or baby poultry; sale or display of poultry

  1. (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 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.
    (ORC 925.62)

  2. (b) Whoever violates this section is guilty of a misdemeanor of the third degree.

505.13   Horses prohibited

  1. (a) No person shall, after the effective date of this section, bring into the Municipality any horse, pony, mule, jackass or other animal of the horse kind for the purpose of keeping or maintaining such animal for longer than twenty-four hours.
    (Ord. 1969-775. Passed 10-7-69.)

  2. (b) Whoever violates this section is guilty of a misdemeanor of the first degree.

505.14   Registration of horses and ponies

  1. (a) Application Information; Fee. Every person who owns, keeps or harbors in the Municipality a horse or pony shall, before January 20 of each year, file in the office of the Chief Administrative Officer of the Municipality an application for registration for the following year, stating the age, sex, color, height and distinctive markings of such horse or pony, and the name and address of the owner. A registration fee of seven dollars and fifty cents ($7.50) for each horse or pony shall accompany such application.

    If such application for registration is not filed and the fee paid on or before January 20 of each year, the Municipality shall assess a penalty of thirty dollars ($30.00) upon such owner, keeper or harborer, which must be paid with the registration fee.

  2. (b) Records. Upon the filing of the application for registration and payment of the registration fee, the Chief Administrative Officer shall assign a distinctive number to every horse or pony described in such application, and shall deliver a certificate of registration bearing such number to the owner thereof. A permanent record of all certificates of registration issued, together with the applications therefor, shall be kept in a horse register, which shall be open to the inspection of any person during reasonable business hours.

  3. (c) Term of Validity. Certificates of registration for horses and ponies shall be valid only during the year for which they are issued.

  4. (d) Compliance Required. No owner, keeper or harborer of a horse or pony shall fail to file the application for registration, nor shall he fail to pay the legal fee therefor.

  5. (e) Misdemeanor Classification. Whoever violates this section is guilty of a misdemeanor of the third degree.
    (Ord. 1978-1122. Passed 10-9-78; Ord. 1990-79. Passed 10-8-90; Ord. 2005-28. Passed 6-13-05.)

505.15   Certain animals prohibited

  1. (a) No person shall harbor, maintain or control a wild, dangerous or undomesticated animal within the Village.

  2. (b) “Wild, dangerous or undomesticated animal” means an animal whose natural habitat is the wilderness and which, when maintained in human society, is usually confined to a zoological park or exotic animal farm and which:

    1. (1) Is a venomous snake, spider or reptile or is a snake that is a constrictor; or

    2. (2) Is an omnivorous or carnivorous animal that weighs more than twenty-five pounds and which is a predator in its natural habitat; or

    3. (3) Is an animal which, by reason of its size, strength or appetite, would, if unrestrained and free in the Village, cause peril to persons, household pets, buildings, landscape or shrubbery; or

    4. (4) Is an animal that makes noises with sufficient frequency and volume as to constitute a nuisance to persons in the immediate vicinity of the animal; or

    5. (5) Is an animal that emits offensive odors as to constitute a nuisance to persons in the vicinity of the animal; or

    6. (6) Is, by illustration and without limitation to the following: a lion, tiger, mountain lion, jaguar, cheetah, leopard, panther, bear, wolverine, elk, moose, caribou, elephant, giraffe, rhinoceros, hippopotamus, wild ox or boar.

  3. (c) No person shall own, harbor or keep any farm animal within the Village except that chickens may be kept on parcels zoned R1-100, One-Family Residential as set forth in Section 1125.09.

  4. (d) “Farm animal” means:

    1. (1) Chickens, ducks, geese or any other fowl; and

    2. (2) Sheep, goats, horses, cattle, swine or any other hoofed animal.

  5. (e) Whoever violates any provision of this section is guilty of a misdemeanor of the third degree.
    (Ord. 2014-34. Passed 7-28-14.)

505.16   Rabies vaccination of dogs and cats required

  1. (a) Any person owning, keeping or harboring any dog or cat over the age of 16 weeks shall be required to have such animal currently immunized against rabies by a licensed veterinarian.

  2. (b) All owners or keepers as described in subsection (a) hereof shall maintain a record of such immunization as provided by a veterinarian.

  3. (c) Whoever violates subsection (a) hereof is guilty of a misdemeanor of the fourth degree. Whoever violates subsection (b) hereof is guilty of a minor misdemeanor.
    (Ord. 2007-40. Passed 6-25-07.)

505.17   Dangerous and vicious dog definitions

As used in this chapter, and unless otherwise defined in the Codified Ordinances of the Village, certain terms are defined as follows:

  1. (a) “Dangerous dog” means a dog which, 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, or which presents a risk to the safety of any person, or which has caused serious physical injury or death to another domestic animal.

    1. (1) A “dangerous dog” shall not include the following:

      1. (A) A police dog that is being used to assist one or more law enforcement officers in the performance of their duties.

    2. (2) It shall be prima-facie evidence that a dog is dangerous if its owner, keeper or harborer has been notified in writing by the Chief of Police that the dog is considered dangerous, based on the following:

      1. (A) One or more verified incidents reported to the Village that the dog (i) 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 or (ii) has caused serious physical injury or death to any domestic animal.

    3. (3) A determination by the Chief of Police that a dog is dangerous may be appealed as set forth in Section 505.23.

  2. (b) “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. (c) “Owner, keeper or harborer” means a person who owns, provides shelter or cares for an animal, or otherwise has control of or is responsible for such animal.

  4. (d) “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.

  5. (e) “Verified” means substantiated by investigation or confirmed by formal oath or affidavit.

  6. (f) “Vicious dog” means a dog that has attacked any person with such severity or has caused such physical harm so as to cause a reasonable person to conclude that the dog presents a substantial risk to the safety of any person. A “vicious dog” shall not include a police dog.

    1. (1) It shall be prima-facie evidence that a dog is vicious:

      1. (A) If its owner, keeper or harborer has been notified in writing by the Chief of Police that the dog is considered vicious, based upon the following:

        1. (1) One or more verified incidents reported to the Village that the dog has attacked any person with such severity or has caused such physical harm so as to cause a reasonable person to conclude that the dog presents a substantial risk to the safety of any person; or

        2. (2) One or more verified incidents reported to the Village that the dog has killed another domestic animal.

      2. (B) If state law provides that it is prima facie evidence that a dog is vicious if it belongs to a particular breed. In that event, the ownership, keeping, or harboring of such a breed of dog shall be prima facie evidence of the ownership, keeping, or harboring of a vicious dog.

        1. (1) A determination by the Chief of Police that a dog is vicious, pursuant to subsection (f)(1)A. or B. of this Section may be appealed as set forth in Section 505.23.

  7. (g) “Chief of Police” for the purposes only of this chapter shall mean the Chief of Police as designated in Chapter 129 of the Codified Ordinances or his or her designee.

  8. (h) “Without provocation” for the purposes of this chapter shall mean that (i) a dog was not teased by a person or animal, (ii) tormented by a person or animal, (iii) abused by a person, or (iv) 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.
    (Ord. 2020-36. Passed 10-12-20.)

505.18   Dangerous and vicious dogs

  1. (a) No person owning, harboring or having the care or control of a dangerous or vicious dog shall suffer or permit such animal to go unconfined on the premises of such person.

  2. (b) No person owning, harboring or having the care or control of a dangerous or vicious dog shall suffer or permit such dog to go beyond the premises of such person unless such dog is securely leashed on a chain no more than three (3) feet in length with at least 300 pounds of tensile strength and such dog is muzzled.

  3. (c) No person owning, harboring or having the care or control of a dangerous or vicious dog shall fail to post a sign conspicuously on the property visible to any person approaching the property from the street that states that a dangerous dog or vicious dog is present on the premises.

  4. (d) A dangerous or vicious dog is “unconfined” as the term is used in this section if such dog is not confined on the premises of the person described in subsection (a) hereof as follows:

    1. (1) If the dog is outside, it must be in a securely enclosed pen or dog run area which has secure sides and a secure top attached to all sides, and which has a secure floor or bottom attached to all sides of the pen or which is embedded in the ground no less than two (2) feet. Such pen or dog run area shall be locked with a key or combination lock at all times when the animal is within the structure.

    2. (2) If the dog is inside, it may not be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure. A dangerous or vicious dog may not be kept on a patio, porch or in any part of a house or structure which would allow the animal to exit the building on its own volition, whether or not such dog is on a chain or leash.

  5. (e) No person shall keep, own, harbor, care for, or control a vicious dog within the Village until such dog has been registered with the Chief of Police of the Village and a permit is obtained. Such dogs shall be registered with the Village within ten (10) days of the date the dog is first brought into the Village, and thereafter on an annual basis on or before the 31st day of January of each calendar year. The permit fee shall be twenty dollars ($20.00) per year. No person shall keep, own, harbor, care for or control more than one vicious dog in any dwelling unit in the Village at any one time. No person shall keep, own, harbor, care for or control any vicious dog on any premises in the Village at any time unless such person is the owner of said premises or unless such person has the written permission of the owner of said premises to keep, own, harbor, care for or control such vicious dog on said premises.

  6. (f) Any person keeping, owning, harboring or having the care or control of any vicious dog shall maintain a policy of liability insurance providing coverage for each occurrence in an amount not less than one million dollars ($1,000,000) and insuring such person against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the vicious dog. Such person shall produce evidence of such policy of insurance at the time of the initial registration and annual renewal of registration of the vicious dog with the Chief of Police of the Village and at any time upon request of a law enforcement agent or other employee of the Village. The Village shall be named as a certificate holder on all such policies.

  7. (g) Impoundment of Dogs.

    1. (1) Any vicious dog being harbored or cared for within the Village that is not registered with the Chief of Police as provided in subsection (e) hereinabove may be seized and impounded by the Chief of Police or his agent or other law enforcement officer, to a kennel chosen by the Chief of Police or his agent, until such time as the dog is properly registered and a permit obtained. In the event the Chief of Police or other law enforcement officer seizes such an unregistered vicious dog, notice shall be given the presumed owner within two (2) business days after the seizure by personal service or by posting a written notice upon the premises at which the dog was being harbored or kept. The dog shall not be released until the owner registers the dog and pays all accumulated boarding charges. In the event the owner does not register such dog and pay all such boarding charges within five (5) business days of the delivery of the notice of impoundment, such dog shall be deemed abandoned and may be destroyed or otherwise disposed of by the Village.

    2. (2) In the event a law enforcement officer has probable cause to believe a dog has attacked a human being or other domestic animal in the Village, the law enforcement officer may impound such dog pending trial. In the event the Court finds that such dog attacked a human being or other domestic animal, in addition to any penalty imposed by the Court, the dog shall not be released to the owner until all accumulated boarding and impound charges are paid; provided, however, that nothing herein shall prohibit the Court from ordering the dog destroyed or banished as provided in subsection (j) herein below, in which case the owner shall still be responsible for boarding charges. If the dog is not ordered destroyed or banished, the owner shall reclaim such dog and pay all accumulated boarding and impound charges within five (5) business days after sentencing, otherwise the dog shall be deemed abandoned and may be destroyed or otherwise disposed of by the Village.

    3. (3) In the event a law enforcement officer has probable cause to believe that a registered vicious dog is being harbored or cared for in violation of this Section, and such animal has not attacked a human being or other domestic animal, the law enforcement officer may petition a court of competent jurisdiction to order the seizure and impoundment of the vicious dog pending trial, with the boarding charges to be paid by the owner.

    4. (4) Upon the resultant death or serious injury of a domestic animal or a human being, the Police Department shall have the authority, but not the duty, in the interest of public safety, to seize the dog that caused the death or serious injury and impound it in a kennel determined by the Chief of Police or his agent. Any person keeping or harboring a dog sought to be impounded shall give possession of such dog to a Police Officer upon demand.

    5. (5) If a dangerous or vicious dog aggressively bites any person or domestic animal, the Police Department shall have the authority, but not the duty, in the interest of public safety, to seize the offending dog and impound it at a kennel determined by the Chief of Police or its agent. A person keeping or harboring a dog sought to be impounded shall give possession of such dog to a Police Officer upon demand.

    6. (6) The owner, keeper, or harborer of the dog shall be responsible for any and all costs associated with the housing of the dog.

    7. (7) A dog impounded pursuant to subsection (g)(5) hereof, shall remain impounded until the court makes a final determination as to whether a violation of this chapter has occurred or until the owner or keeper provides satisfactory proof to the Chief of Police that they have complied with all applicable provisions of this chapter and renders payment for the costs of housing the dog. Upon final determination, by the court, the owner or keeper of an impounded dog shall claim it within fourteen (14) calendar days by rendering proof to the Chief of Police that they have complied with all applicable provisions of this chapter and have paid for the costs of housing the dog. If the dog is not claimed pursuant to the foregoing provisions, the Village may dispose of the dog at its discretion.

  8. (h) Whoever violates any provision of this section is guilty of a misdemeanor of the second degree for a first violation and shall be guilty of a misdemeanor of the first degree for each such subsequent violation within three (3) years of the first violation.

  9. (i) For purposes of subsections (a) and (b) hereof, testimony that a dangerous or vicious dog was unconfined on the premises of its owner, harborer, or person having the care or control of such dangerous or vicious dog, or that a dangerous or vicious dog was beyond the premises of its owner, harborer, or person having the care or control of such dangerous or vicious dog and was not securely leashed and muzzled according to the provisions of subsection (b) hereof, shall be prima-facie evidence that such owner, harborer, or person having the care or control of a dangerous or vicious dog suffered or permitted such dog to go unconfined on the premises of such person or suffered or permitted such dangerous or vicious dog to go beyond the premises of such person when not securely leashed and muzzled as described in subsection (b) hereof. For purposes of subsections (a), (b), (d) and (e) hereof, strict criminal liability is contemplated.

  10. (j) Any dangerous or vicious dog which attacks a human being or another domestic animal may be ordered to be destroyed or to be permanently banished from the Village when, in the judgment of the Bedford Municipal Court, such dangerous or vicious dog represents a continuing threat of serious harm to human beings or other domestic animals.

  11. (k) In prosecutions for a violation of division (a) or (e) hereof in connection with which a dog has caused injury or serious injury to or the death of a person or domestic animal, any of the following may be asserted as an affirmative defense as applicable:

    1. (1) The dog was teased, tormented or abused by a person.

    2. (2) The dog 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 of carrying out such activity.

    3. (3) The dog caused injury or serious injury to a person or killed a person while the 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.

    4. (4) In the case of another domestic animal, that the dog was attacked by such animal or that such animal was running at large.
      (Ord. 2020-36. Passed 10-12-20; Ord. 2020-46. Passed 11-9-20.)

505.19   Impoundment of dogs involved in biting/attacking incidents

  1. (a) The Chief of Police may, but is not required to take up and impound any dog which is alleged to have bitten or attacked a human being or other domestic animal in violation of this chapter, pending the completion of criminal proceedings arising from such incident. Such dog shall be boarded and housed in an animal shelter, animal hospital, kennel or other place which the Chief of Police deems equally secure until such time as the owner, harborer, or other person having custody or control of such dog shall be tried or enter a guilty or no contest plea to any and all charges arising out of the biting/ attack incident, and until such further time as the Court enters sentence, unless otherwise ordered by the Court. The Chief of Police may permit the owner, harborer or person having custody or control of the dog to place the dog in a ten (10) day quarantine in a kennel they select, with the Chief of Police’s consent as to the kennel placement and so long as the kennel provides the Chief of Police with a certificate they kept the dog quarantined for ten consecutive days.

  2. (b) Any dog impounded shall be released at the earlier of the following times, unless a longer period of impoundment is authorized or permitted by this chapter:

    1. (1) At least ten working days have passed since the biting or attack incident and no charges are pending against the owner, harborer or person caring for or in control of such dog;

    2. (2) The owner, harborer or person caring for or in control of the dog has been acquitted of all criminal charges arising out of the attack/biting incident.

  3. (c) Any person aggrieved by an order of the Chief of Police pursuant to subsection (a) herein may appeal such order to the Bedford Municipal Court as established in Section 505.23. Any such appeal should be heard within five (5) working days of the date the notice of appeal is filed, subject to the court’s schedule or matters that take priority by law or court policy. Notice of such hearing shall be given to the person(s) who has allegedly been bitten or attacked by the dog, the parent(s) or guardian(s) of any minor(s) who has allegedly been the victim of such an attack, and the owner(s) of any domestic animal(s) which has allegedly been bitten or attacked by the dog.

  4. (d) The costs of the boarding and lodging of the dog shall be charged to the owner, harborer, and/or person caring for or in control of the dog, unless the dog has been released pursuant to the provisions of subsection (b) hereof.

  5. (e) The provisions of this Section shall be in addition to any other procedures, penalties and/or remedies provided in this chapter or otherwise available at law.
    (Ord. 2020-36. Passed 10-12-20.)

505.20   Dangerous and vicious dog impounding procedure; redemption or disposition

  1. (a) In addition to other procedures and penalties applicable to violations of this chapter, the Chief of Police may take up and impound any animal found in violation hereof, who has not been designated as dangerous or vicious yet. If such animal is not wearing a valid license tag, the Chief of Police may, within three (3) days after taking up such animal, turn such animal over to an officer charged by law with the custody and disposal of such animals. If the animal is wearing a license tag or some other type of identification showing the name and address of its owner, the Chief of Police shall immediately give such person notice that the animal has been found and taken up. The animal shall not be released to its owner except upon payment to the Village of all lawful costs assessed against the animal to cover the cost of taking it up, plus such additional costs as may be incurred by the Village for impounding the animal.

    Such release payment shall be tendered within five (5) days of receipt of notice by the animal’s owner; however, no period of holding by the Village shall exceed seven (7) days unless the seventh (7th) days falls on a weekend. Any animal not reclaimed within the respective time periods may be destroyed or otherwise disposed of at the discretion of the Chief of Police. “Otherwise disposed of” shall include the right to sell these animals to suitable individuals for the cost to the Village of the animal’s boarding. When such a sale does occur, the Village shall not charge the buyer with the impounding fee. No sale will be transacted until a valid registration tag, if required, is obtained.

  2. (b) The Village may assess against or charge the owner, keeper or harborer of any domestic animal the actual costs relative to the seizure and/or impoundment of such animal for its seizure, shelter, food, and any veterinary care found necessary during impoundment. Such costs may include the cost to have the animal spayed or neutered and vaccinated.

  3. (c) The Chief of Police’s Office may keep a register of people interested in obtaining an animal impounded by the Village. Such register may be categorized by the breed desired and should be set up to give the person who has been registered the longest period of time the first chance to obtain the animal.
    (Ord. 2020-36. Passed 10-12-20.)

505.21   Court order to remove or destroy animal

In addition to any penalty provided herein, if the court determines that any animal, on one or more occasions, has bitten or attacked any person or domestic animal without provocation, or if the court determines that the owner of the animal has habitually permitted such animal to run at large, or violated this chapter on one or more occasions, the court may, in order to protect the health, welfare, safety and property of the Village’s inhabitants, order that such animal be destroyed or permanently banished from the Village.
(Ord. 2020-36. Passed 10-12-20.)

505.22   Designation of dog as “dangerous” and “vicious”

  1. (a) A dog may be determined to be “dangerous” or “vicious”, as defined in Section 505.17 and subject to the requirements of Section 505.18 in one of the two (2) following ways:

    1. (1) A court of competent jurisdiction may declare the dog to be vicious or dangerous in an independent or related civil or criminal proceeding; or

    2. (2) The Chief of Police may provide written notice to the owner or other person harboring or having care or control of the dog that the Chief of Police has determined the dog to be dangerous or vicious. Such notice shall be given by personal service, ordinary mail, or by posting on the property at which the person resides.

  2. (b) Any dog declared to be vicious by the Chief of Police is a final order and appealable to the Bedford Municipal Court.
    (Ord. 2020-36. Passed 10-12-20.)

505.23   Dangerous and vicious dog appeal

  1. (a) Any owner of a dog adversely affected by the order of the Chief of Police or any other member of the Police Department or any agent of the Chief of Police pursuant to this chapter may appeal such order in writing by filing a notice of appeal with the Bedford Municipal Court, and a copy shall be served on the Village Police Department. Such appeal shall be filed within ten (10) working days of the date of notice received from the Chief of Police in Section 505.22. The filing of a notice of appeal with the Bedford Municipal Court shall stay the requirements of Section 505.18, but shall not preclude the Chief of Police or the Cuyahoga County Board of Health from impounding the dog if otherwise permitted by this chapter or other provisions of law and shall not in any way relieve the owner or other person harboring or having care or control of the dog from civil or criminal liability for injury or damage caused by the dog or for violations of provisions of this chapter other than Section 505.18.
    (Ord. 2020-36. Passed 10-12-20; Ord. 2020-46. Passed 11-9-20.)

505.99   Penalty

(Editor’s note: See Section 501.99 for penalties applicable to any misdemeanor classification.)