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Amended section 505.01, Dogs Running at Large

Last night, the City Council passed the proposed amendment to section 505.01, dogs running at large.  The amendment is limited to animals running at large.  In the simplest case of a dog or cat running at large with no aggravating circumstances, e.g., attacking another dog or person, the proposed amendment sets the violations as follows.  For the first offense, the violation is a minor misdemeanor; for the second offense, the violation is a misdemeanor of the fourth degree, and a misdemeanor of the second degree on the third or subsequent offense.  The Three Strike Rule, designating a dog as a dangerous dog upon the third violation of section 505.01, was dropped from the amendment and is not applicable.   I anticipate that the Three Strike Rule will be given further consideration in the overall review of the dog ordinances.  The amendment also provides for increased misdemeanor levels if the dog bites or seriously injures a person or another cat or dog.

Attached is a copy of the revised section 505.01.

A Committee hearing is scheduled for Oct. 10 at 5:30 p.m. to continue the overall review of the dog ordinances as well as the proposed legislation relating to the state medical marijuana act.  From my attending the meetings to date, I anticipate that the major issues will be whether to add the classification of “nuisance dog” and, if so, how to define a “nuisance dog” as well as the formulation of a Three Strike Rule.

Full Text of the Amended Section is Below

DRAFT 9-15- 16

ORDINANCE NO. INTRODUCED BY:

AN ORDINANCE

AMENDING CODIFIED ORDINANCE SECTION 505.01 DOGS, CATS, AND OTHER

ANIMALS RUNNING AT LARGE AND REPEALING SECTION 505.99 PENALTIES,

AND DECLARING AN EMERGENCY

BE IT ORDAINED by the Council of the City of Bay Village, Ohio:

SECTION 1. That Codified Ordinance 505.01 which presently reads as follows:

505.01 DOGS, CATS, AND OTHER ANIMALS RUNNING AT LARGE.

(a) No person, being the owner or in charge or control of any dog, cat, or other animal, shall

permit or allow by any means or in any manner, such dog, cat, or other animal, to go or remain

upon any public Street or place within the City except when accompanied by a responsible

person and upon a leash. The length of a leash shall be no longer than that which is reasonably

necessary to maintain control of a pet and to prevent the pet from trespassing on private property,

or from chasing or attacking any person, animal or vehicle. As against the owner or person in

charge or control of any such dog, cat, or other animal, evidence that such dog, cat, or other

animal, was found at large upon any public street or place within the City shall be prima- facie

evidence of a violation of this section.

(b) No person, being the owner or in charge or control of any dog, cat, or other animal, shall

permit or allow by any means or in any manner, such dog, cat, or other animal, to go or remain

on any city park property without reasonable restraint and leashed and under control. Reasonable

restraint and under control is defined here as restraint which conforms to the animals weight,

size, and strength, being controlled by a person who is of suitable age, size and discretion to

control the animal.

(c) While on private property, it shall be unlawful to allow any dog, cat, or other animal,

outdoors on private property unless the animal is leashed, or contained in a fence or under the

control of a responsible individual. It shall be unlawful for any owner to allow his or her animal

to cross outside the property line of its owner to any extent, including reaching over, under or

through a fence. Any method of pet containment is not considered valid during a period of time

when failure or lack of maintenance renders it non-effective. Visible signage to an electronic pet

containment system must be posted.

(d) Whoever violates or fails to comply with this section is guilty of a minor misdemeanor and is

subject to incremental increases in misdemeanor degrees with repeated offenses that occur within

the first twelve (12) months of the first offense.

(Ord. 03-07. Passed 4-7- 03.)

be and the same is amended to read:

505.01 DOGS, CATS, AND OTHER ANIMALS RUNNING AT LARGE.

(a) No person, being the owner or in charge or control of any dog, cat, or other animal, shall

permit or allow by any means or in any manner, such dog, cat, or other animal, to go or remain

upon any public Street or place within the City except when accompanied by a responsible

person and upon a leash. The length of a leash shall be no longer than that which is reasonably

necessary to maintain control of a pet and to prevent the pet from trespassing on private property,

or from chasing or attacking any person, animal or vehicle. As against the owner or person in

charge or control of any such dog, cat, or other animal, evidence that such dog, cat, or other

animal, was found at large upon any public street or place within the City shall be prima- facie

evidence of a violation of this section.

(b) No person, being the owner or in charge or control of any dog, cat, or other animal, shall

permit or allow by any means or in any manner, such dog, cat, or other animal, to go or remain

on any city park property without reasonable restraint and leashed and under control. Reasonable

restraint and under control is defined here as restraint which conforms to the animals weight,

size, and strength, being controlled by a person who is of suitable age, size and discretion to

control the animal.

(c) While on private property, it shall be unlawful to allow any dog, cat, or other animal,

outdoors on private property unless the animal is leashed, or contained in a fence or under the

control of a responsible individual. It shall be unlawful for any owner to allow his or her animal

to cross outside the property line of its owner to any extent, including reaching over, under or

through a fence. Any method of pet containment is not considered valid during a period of time

when failure or lack of maintenance renders it non-effective. Visible signage to an electronic pet

containment system must be posted.

(d) Whoever violates or fails to comply with this section is guilty of a minor misdemeanor and is

subject to incremental increases in misdemeanor degrees with repeated offenses that occur within

the first twelve (12) months of the first offense.

(Ord. 03-07. Passed 4-7- 03.)

(d) Penalties.

(1) Whoever violates this section is guilty of a minor misdemeanor on the first offense, a

misdemeanor of the forth degree on the second offense, and a misdemeanor of the second degree

on the third or any subsequent offense.

(2) Notwithstanding division (d)(1) of this section, if the animal bites a domestic animal without

provocation as a result of violation of this section, then whoever violates this section is guilty of

a misdemeanor of the third degree.

(3) Notwithstanding division of this section, if the animal bites a human without provocation as a

result of a violation of this section, then whoever violates this section is guilty of a misdemeanor

of the second degree.

(4) Notwithstanding division (d)(1) of this section, where the animal bites a human or domestic

animal without provocation and causes serious injury as defined by Ohio R.C. 955.11(A)(5), as a

result of a violation of this section, then whoever violates this section is guilty of a misdemeanor

of the first degree.

and present Sections 505.01 and 505.99 are hereby repealed.

SECTION 2. That this Council finds and determines that all formal actions of this Council

concerning and relating to the passage of this ordinance were taken in an open meeting of this

Council, and that all deliberations of this Council and of any committee that resulted in those

formal actions were in meetings open to the public in compliance with law.

SECTION 3. That this ordinance is hereby declared to be an emergency measure immediately

necessary for the preservation of the public peace, health, safety and welfare, wherefore this

ordinance shall be in full force and take effect immediately upon its passage and approval by the

Mayor.

P ASSED:

_____________________________ CLERK OF COUNCIL

APPROVED:

_____________________________ MAYOR

9-15- 16

____________

NOTICE OF COMMITTEE MEETING

ENVIRONMENT, SAFETY, AND
COMMUNITY SERVICES COMMITTEE

Councilman Paul Vincent, Chair
Councilman Dwight Clark
Councilman David L. Tadych

Monday, September 12, 2016

6:00 p.m.

Conference Room
Bay Village City Hall

Agenda

Dog Ordinances and related issues

July Fourth Fireworks: Awesome for Humans, Terrifying for Pets

Loud noises can terrify pets, so don't include them when celebrations will include fireworks. The HSUS.

Loud noises can terrify pets, so don’t include them when celebrations will include fireworks. The HSUS.

Many people enjoy the booming sounds and flashing lights of fireworks, but they can be terrifying and overwhelming for pets, and possibly hazardous.

On the Fourth of July, so many pets are frightened and try to escape the sights and sounds that animal shelters around the nation report a dramatic increase in lost pets during the holiday.

Help your pets keep their cool: Follow our four steps for making them safe during loud—and hot—warm weather festivities.

1. Keep your pet safely away from fireworks

Our pets are more sensitive to loud noises, flashing lights and strong smells, so on the Fourth of July (and the days around it when people are likely to set off fireworks), it’s best to leave your pets safely indoors, preferably with a radio or TV turned on to hide jarring noises.

Even pets who are usually kept outdoors should be brought inside. And if you are going to an Independence Day event and cannot leave your pet unattended at home, keep her leashed and under your direct control at all times.

2. If your pet is scared by fireworks, ask a veterinarian for help

There are medications and techniques that might help alleviate your pet’s fear and anxiety. You can also try our suggestions for helping your dog cope with loud noises.

3. Protect your pet from heat stroke during summer festivities

Another reason to keep your pets away from the often noisy celebrations of summer is heat. High temperatures put your pet at risk of heat stroke, which can become deadly very quickly. Keep an eye on your pets and act immediately if you see any signs of heatstroke.

Never leave your pet in a parked car, even if the day doesn’t seem that warm. Even when the temperature outside is a balmy 72 degrees, the temperature inside your car can rocket to a fatal 116 degrees in less than an hour’s time.

4. Safeguard your pet with a collar and I.D. tag

All pets, even those kept indoors full-time, should always wear collars with ID tags. Indoor-only pets can become so frightened during fireworks displays that they may take desperate measures to escape the noise, including breaking through window or door screens. It’s also a good idea to have your pet microchipped.

If your pet does become lost, contact your local animal control and surrounding shelters immediately and follow the rest of The HSUS’s advice for finding your pet.

If you find a lost pet, either take her to the address on her tag or bring her to the local animal shelter so she can be reunited with her family.

Governor Kasich Scheduled to Sign Goddard’s Law

kasichCOLUMBUS – Goddard’s Law was passed by the Ohio House and Senate last month and is one step away from becoming official.
Governor John Kasich is expected to sign the bill into law on Monday, June 13th in Columbus.
Goddard’s Law, or House Bill 60, makes it a felony to knowingly cause serious physical harm to a companion animal. Named for Cleveland Fox 8′s Dick Goddard and his effort to protect pets, the bill was sponsored by Democrat Bill Patmon and Republican David Hall and championed by Amy Beichler, Executive Director of The Public Animal Welfare Society (pictured with Governor John Kasich and State Representative Bill Patmon)

Public Animal Welfare Society (PAWS Ohio) is Key Player in Passage of Animal Cruelty Legislation

COLUMBUS, Ohio
May 27, 2016

House Bill 60 or, as it is referred to in Ohio, Goddard’s Law, has passed the Ohio Senate and House and is now awaiting the formal signature of Governor John Kasich. The new law will make it a fifth-degree felony to knowingly cause serious physical harm to a companion animal.

Amy Beichler, Executive Director of The Public Animal Welfare Society (PAWS Ohio), along with Cleveland’s Fox 8 Weatherman, Dick Goddard, for whom the new law is named, have been active for over four years in pursuit of the passage of this bill. “This has been a long and hard road with many obstacles along the way” Beichler stated yesterday. “But, thanks to the efforts of concerned and caring individuals like Dick Goddard, State Representatives Bill Patmon and Dave Hall, and Ohio Senator Larry Obhof, we were able to get this extremely important piece of legislation passed for companion animals.”

The Public Animal Welfare Society (PAWS Ohio), centered in Cleveland, Ohio, is a 40-year-old, nonprofit organization whose mission is to rescue and foster companion animals in an effort to find them permanent homes. Beichler, who has led the organization for over 12 years, has championed the fight for stronger punishment for animal cruelty throughout her tenure.

In addition to Goddard’s Law, which protects companion animals, “Jethro’s Bill,” which increases the penalties for killing a police dog was also included in the approved legislation. The bill would elevate the assault offense in Ohio and carry a mandatory prison sentence.

Contact:
Rick Zimmerman – Board Chairman
Public Animal Welfare Society of Ohio (PAWS)
A Nonprofit Humane Society Serving the Animals & People of Northern Ohio Since 1976
www.pawsohio.org
Email: rzmarketing13@gmail.com
Cell: 440-669-7088
Fax: 216-206-0954

Urge your representatives to oppose HB 166.

puppies-savedA dangerous bill is being considered by the state legislature that would represent a huge step backward in the fight against puppy and kitten mills.

If enacted, HB 166 would prohibit localities in Ohio from enacting ordinances to prevent inhumanely bred puppies and kittens from being sold in local pet stores. This would allow puppy mills to continue to flourish and would strip Ohioans of their right to know where the pets sold in pet shops are really coming from.

Take Action

Please take action today by urging your representatives to oppose HB 166.

Thank you for speaking up for animals. Together, we can Save Them All.