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

____________

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