ANIMALS AND FOWL

Codified Ordinances of Cleveland pt. SIX, tit. I, ch. 603

in effect

Codified Ordinances of Cleveland § 603.01 Animals or Fowl at Large

§ 603.01 Animals or Fowl at Large (a) No person being the owner or having charge of any horses, cattle, sheep, goats, geese, ducks, turkeys, chicken or other fowl or animals shall permit them to run at large upon any public place, unenclosed lands or the premises of another. (b) Whoever violates this section is guilty of permitting animals at large, a minor misdemeanor. (Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

Codified Ordinances of Cleveland § 603.02 Unmuzzled Dogs at Large; Duty to Report

§ 603.02 Unmuzzled Dogs at Large; Duty to Report (a) No person shall permit an unmuzzled dog at any time to be on a public street, highway, park, building or other public place except when held securely in leash by the owner or another responsible person except when the dog is legally engaged in training for the purpose of hunting, herding, ability or dog competition events, accompanied by the owner, keeper, harborer, or a handler. (b) Every City employee, while in the performance of his or her official duties, who has in his or her possession or under this or her control any radio transmitter and receiver, telephone or other device ordinarily used for two (2) way communication, shall immediately report to police officers or dog wardens of the City the sighting of any unmuzzled dogs found to be in a public place in violation of this section. The employee shall report the time, place, date and description of the dog, together with the employee's name. (c) If a violation of division (a) of this section involves a dog as defined in Section 604.01, the dog shall be impounded under Chapter 603. Impoundment of dog because it was found to be in violation of this section shall not exempt the owner of the dog from being prosecuted under Section 604.99. (d) Whoever violates this section guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the third degree on the third and any subsequent offense, which fine shall be mandatory, and shall not be suspended or remitted. (e) An amount equal to the amount of fines and penalties imposed under this section shall annually be contributed to and used for the benefit of the Division of Animal Care and Control. (Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)

Codified Ordinances of Cleveland § 603.03 Impounding Dogs, Cats, and Domestic Animals

§ 603.03 Impounding Dogs, Cats, and Domestic Animals (a) When any unmuzzled dog, cat, or domestic animal is found at large in violation of Section 603.02, or abandoned in violation of Section 603.06, or when any dog's owner or the person in charge of control of any dog, or owner or person in charge of the premises upon which a dog is located, has violated the provisions of Section 603.04 more than three (3) times within a four (4) month period, a police officer or animal control officer shall take up and impound the dog, cat, or domestic animal in a City pound. No dog, cat, or domestic animal shall be returned from the pound until a fee of forty dollars ($40.00) is paid to the City, and the dog has both a valid County registration tag as prescribed by Section 603.05 and a microchip embedded for identification purposes. If a dog did not already have an embedded microchip at the time that it was impounded, then the animal control officer shall cause a microchip to be embedded in the dog before its return, and shall assess the person claiming the dog an additional fee of ten dollars ($10.00) for that cost. (b) If a police officer or animal control officer impounds a domestic animal, cat, or dog which is wearing a valid County license registration tag, the police officer or animal control officer shall immediately give the owner notice that the dog, cat or domestic animal has been impounded and that unless the dog, cat, or domestic animal is redeemed within fourteen (14) days of the date of the notice it may thereafter be euthanized, transferred, sold, or adopted according to law. (c) If a police officer or animal control officer impounds a dog that is not wearing a valid County license registration tag or cat or other domestic animal, and the owner is unknown, the animal control officer shall list the animal in a record management system for purpose of assistance in identification of the dog, cat, or domestic animal by a person that can prove ownership. Any impounded domestic animal, cat, or dog that is not wearing a valid registration tag and is unredeemed after three (3) days from the later of date of impoundment or the date on which notice was given may be euthanized, transferred, made available for fostering or adoption, on order of the Director of Public Safety or the Chief Animal Control Officer. (d) The owner, upon redeeming a dog, cat, or other domestic animal being held at the kennel and cared for under this section shall pay a fee of twenty dollars ($20.00) per day for each day the animal was boarded at the kennel. This charge shall be in addition to any other repayments that may be owed under this chapter. (e) Payment of charges for redeeming a dog, cat or domestic animal, which was impounded because it was found in violation of Section 603.02, 603.04 or 603.06 shall not exempt the owner of the dog, cat, or domestic animal from prosecution under any of those sections. (f) Any fee established under this section may be waived by the Director of Public Safety or the Chief Animal Control Officer if the owner of the impounded animal is determined by the Director or Chief Animal Control Officer to be indigent using the federal poverty guidelines, and the owner has never before received the waiver. (Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)

Codified Ordinances of Cleveland § 603.04 Dog Nuisances

§ 603.04 Dog Nuisances (a) No owner or person in charge or control of a dog, or owner or person in charge of a premises on which a dog is located, shall permit a dog nuisance to occur or continue within the City. (b) For the purposes of this section, each of the following constitutes a dog nuisance: (1) Permitting any dog unreasonably to cause annoyance, alarm or noise disturbance to any person or neighborhood by barking, whining, screeching, howling, or other like sounds which may be heard beyond the boundary of the owner, keeper or harborer's property under conditions where the animal sounds are shown to have occurred either as an episode of continuous noise lasting for a minimum period of fifteen (15) minutes, or repeated episodes of intermittent noise lasting for a minimum period of thirty (30) minutes. It shall be an affirmative defense under this division that the animal was intentionally provoked by a party other than the owner to make such noise; (2) A dog which scratches or digs in, or defecates upon any lawn, tree, shrub, plant, or any other public or private property other than the property of the dog's owner or the property of a person in charge or control of the dog; (3) A dog which damages or causes damage to any public or private property other than the property of a person in charge or control of the dog; (4) A dog, without provocation, that jumps on the fence of the dog's owner or person in charge or control of the dog, in a way that scares and intimidates any person; (5) Permitting a dog, without provocation, to bite or otherwise inflict serious injury to a person or companion animal. (c) On complaint of any person to the police that a dog nuisance has occurred or is continuing, a police officer or animal control officer shall issue notice of the complaint to the owner or person in charge or control of the dog which constitutes the nuisance complained of, or to the owner or person in charge of the premises on which the dog nuisance complained of occurs. (d) Any person who fails to abate a dog nuisance after having received a notice under division (c) of this section shall be guilty of creating a dog nuisance. Each day upon which the dog nuisance occurs or continues shall constitute a separate offense, and the offender shall be subject to the following penalties: (1) For a first offense, a fine of fifty dollars ($50.00); (2) For a second offense occurring within four (4) months of the first offense, a fine of seventy- five dollars ($75.00); (3) For a third offense occurring within four (4) months of the first offense, a fine of one hundred dollars ($100.00); (4) For a fourth and any later offense occurring within four (4) months of the first offense, the dog which constitutes the nuisance shall be impounded under Section 603.03. (5) Whoever violates division (b)(5) of this section is guilty of a misdemeanor of the first degree, and such owner's dog will be considered a level two (2) threat under Section 604.01. (e) In addition to any other method of enforcement provided in this section, the offense created in this section may be enforced upon a first, second, or third offense by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure. (Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)

Codified Ordinances of Cleveland § 603.05 Annual Registration of Dogs; Tags Required

§ 603.05 Annual Registration of Dogs; Tags Required (a) Except for guide dogs registered under RC 955.011 and dogs kept by an institution or organization for teaching and research purposes under RC 955.16, no person shall own, keep or harbor a dog more than three (3) 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 RC 955.16. (b) Whoever violates this section is guilty of keeping an unregistered dog, a minor misdemeanor. (Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

Codified Ordinances of Cleveland § 603.06 Abandoning Animals

§ 603.06 Abandoning Animals (a) No owner or keeper of a dog, cat or other domestic animal shall abandon such animal. (b) Whoever violates this section is guilty of abandoning animals, a misdemeanor of the first degree. (Ord. No. 214-01. Passed 12-10-01, eff. 12-19-01)

Codified Ordinances of Cleveland § 603.07 Killing or Injuring Animals

§ 603.07 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. (b) Whoever violates this section is guilty of killing or injuring animals, a misdemeanor of the first degree. (Ord. No. 214-01. Passed 12-10-01, eff. 12-19-01)

Codified Ordinances of Cleveland § 603.08 Poisoning Animals

§ 603.08 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 any other domestic animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisonous or hazardous food, drink or other substance where it may be easily found and ingested by any of such animals, either upon his or her own lands or the lands of another. (b) Whoever violates this section is guilty of poisoning animals, a misdemeanor of the first degree. (Ord. No. 214-01. Passed 12-10-01, eff. 12-19-01)

Codified Ordinances of Cleveland § 603.09 Cruelty to Animals

§ 603.09 Cruelty to Animals (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 heat, cold, 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 division (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 earth's contour, tree development or vegetation and must provide for the safety and health of the animal in accordance with good animal husbandry standards for each specific animal. (3) Carry or convey an animal in a cruel or inhumane manner. (4) Keep animals without wholesome exercise and change of air, nor feed cows on food that produces impure or unwholesome milk. (5) Detain livestock in railroad cars or compartments longer than twenty-eight (28) hours after they are so placed without supplying them with necessary food, water, and attention, nor permit such stock to be so crowded as to overlie, crush, wound, or kill each other. (b) All fines collected for violations of this section shall be paid to the society or association for the prevention of cruelty to animals, if there is one in the county, township, or municipal corporation where the violation occurred. (c) Whoever violates this section is guilty of a misdemeanor of the first 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 under this division, 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. No. 1572-14. Passed 12-8-14, eff. 12-10-14)

Codified Ordinances of Cleveland § 603.10 Coloring Rabbits or Baby Poultry; Sale or Display of Poultry

§ 603.10 Coloring Rabbits or Baby Poultry; Sale or Display of Poultry (a) No person, firm, or corporation shall dye or otherwise color any rabbit or baby poultry, including, but not limited to, chicks and ducklings. No person, firm, or corporation 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 (4) weeks of age may be sold, given away, or otherwise distributed to any person in lots of less than six (6). 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. (RC 925.62) (b) Whoever violates this section is guilty of unlawful poultry sale or keeping, a misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on each subsequent offense. (Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)

Codified Ordinances of Cleveland § 603.11 Large Cats

§ 603.11 Large Cats (a) Prohibited. Except as provided in subsection (b) hereof, no person shall own, keep or harbor any member of the large cat family, known as felidae, including, but not limited to, lions and all other cats listed as endangered or threatened species in 50 C.F.R. 17.11, in the City, unless such person has obtained a license under the provisions of Section 2.1(b) of 9 C.F.R. Part 2 and strictly follows and meets the applicable standards, rules and regulations of the United States Department of Agriculture as contained in 9 C.F.R. Part 3, Subpart F, and all other Federal, State and local laws applicable to the taking, transporting and keeping of members of the family felidae. Except as provided in subsection (b) hereof, no person shall own, keep or harbor any member of the large cat family, as aforesaid, on any lot or premises in a Residential District, as set forth in Chapter 337 of these Codified Ordinances, on a lot less than two hundred (200) feet by two hundred (200) feet, or keep or harbor any such cat in any dwelling unit as set forth in Section 325.20 of these Codified Ordinances, or take such a cat upon any public street, sidewalk or other public place, except to transport such a cat in a motorized vehicle in accordance with the transportation requirements contained in Federal, State and local law. (b) Exceptions. The provisions of subsection (a) hereof do not apply to any circus, carnival, zoo or other event for entertainment, which is authorized by law by the proper and responsible City official, or to a research facility, as defined in 9 C.F.R. Part 1, provided that proper bond or insurance is posted to indemnify those who may be injured or killed by the keeping of such cats. The type and amount of such bond or insurance shall be determined by the Director of Law, except where otherwise provided by ordinance. The provisions of this subsection do not apply to the Cleveland Metroparks Zoo. (c) Notice to Remove. Upon complaint of any person that another person owns or is keeping or harboring a large cat on premises in the City in violation of subsection (a) hereof, the Director of Public Safety shall forthwith cause the matter to be investigated. If, after investigation, the facts indicate that such person named in the complaint is in fact the owner of, or is keeping or harboring, any such large cat in the City in violation of subsection (a) hereof, the Director shall forthwith send written notice to such person, requiring such person to safely remove such cat from the City within five (5) days of the date of such notice. However, such notice is not required where such large cat has previously caused serious physical harm, as set forth in Section 601.01 of these Codified Ordinances, or death, to any person, or has escaped and is at large. In such case the Director shall cause such cat to be immediately seized and impounded, if seizure and impoundment are possible without risk of serious physical harm or death to any person. (d) Seizing and Impounding. The Director of Public Safety shall forthwith cause to be seized and impounded any large cat when the person owning, keeping or harboring such cat has failed to comply with the notice sent pursuant to subsection (c) hereof. Upon such seizure and impoundment, such cat shall be delivered to a place of confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animals, including, but not limited to, the Cleveland Metroparks Zoo, the Chief of the Division of Wildlife of the State or any other governmental body or unit consenting to take such animal into custody. If, during the course of seizing and impounding any such large cat, the cat poses a risk of serious physical harm or death to any person, a person authorized by the Director may render such cat immobile by means of tranquilizers or other safe drugs, or if that is not safely possible, then such cat may be killed. (e) Costs. Any reasonable cost incurred by the Director of Public Safety in seizing, impounding and confining any large cat, pursuant to subsection (d) hereof, shall be charged against the owner, keeper or harborer of such cat and shall be collected by the Director of Law. (f) Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree for the first offense, and for each subsequent offense is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day a person fails to abide by the notice sent pursuant to subsection (c) hereof after the expiration date stated therein. (Ord. No. 1002-A-82. Passed 5-24-82, eff. 5-28-82)

Codified Ordinances of Cleveland § 603.12 Report of Escape of Exotic or Dangerous Animal

§ 603.12 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 or her 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 (1) hour after he or she 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 where the escape occurred. (b) If the office of the Clerk of the Legislative Authority is closed to the public at the time a report is required by division (a) of this section, then it is sufficient compliance with division (a)(2) of this section if the owner or keeper makes the report within one (1) hour after the office is next open to the public. (c) Whoever violates this section is guilty of a misdemeanor of the first degree. (RC 2927.21; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)

Codified Ordinances of Cleveland § 603.031 Adoption of Dogs and Cats from the City Kennel

§ 603.031 Adoption of Dogs and Cats from the City Kennel (a) Every dog or cat over six (6) months of age adopted from the City Kennel shall be spayed or neutered at the Spay and Neuter Clinic before release. The cost of the operation shall be borne by the person adopting the animal and is in addition to any adoption fee imposed by the Chief Animal Control Officer. (b) A person wishing to adopt a dog or cat under the age of six (6) months shall sign an agreement stating the dog or cat shall be spayed or neutered at the Spay and Neuter Clinic or at an appropriate outside animal hospital within seven (7) days of a date specified on the agreement, when the animal reaches between six (6) and nine (9) months of age. In addition to any adoption fee imposed by the Chief Animal Control Officer, a thirty dollar ($30.00) fee shall be paid at the time of the adoption, to be held until the animal is brought back to be spayed or neutered, or until proof of the operation is established with the Chief Animal Control Officer. The thirty dollar ($30.00) fee shall either: (1) be used to cover the cost of the operation when the animal is brought back to the Spay and Neuter Clinic for the operation; or (2) be returned to the pet owner upon production of proof of the operation at an outside facility. If the animal is not spayed or neutered within the set time period, or within the date specified in the agreement, the owner of the animal shall forfeit the thirty dollar ($30.00) fee. (c) Any fee established under this section may be waived by the Director of Public Safety if the person adopting the animal is determined by the Director to be indigent in accordance with federal poverty guidelines, the person adopting has never before received the waiver, and, including the adopted animal, there is only one (1) animal in the adopting person's household. (Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)

Codified Ordinances of Cleveland § 603.032 Seizure and Impoundment of Animals for Fights, Poisoning, Cruelty, Neglect or Tethering; Hearing

§ 603.032 Seizure and Impoundment of Animals for Fights, Poisoning, Cruelty, Neglect or Tethering; Hearing (a) As used in this section: (1) "Impounding Agency" means the City of Cleveland Division of Animal Care and Control or County Humane Society organized under RC 1717.05. (2) "Offense" means a violation of any of the following sections: 603.072 "Illegal Fights between Animals"; 603.08 "Poisoning Animals"; 603.09 "Cruelty to Animals"; 603.091 "Neglect of Animals"; or 603.092 "Tethering Animals". (3) "Officer" means any law enforcement, County humane agent, or Animal Control Officer in the City of Cleveland. (b) An officer may immediately seize and cause to be impounded at an impounding agency an animal that the officer has probable cause to believe is the subject of an offense. (c) The officer shall give written notice of the seizure and impoundment to the owner, keeper, or harborer of the animal that was seized and impounded within three (3) days of seizure if they can be found. If the officer is unable to give the notice to the owner, keeper, or harborer of the animal, the officer shall post the notice on the door of the residence or in another conspicuous place on the premises at which the animal was seized. (1) If the seizure is for a violation of Sections 603.072, 603.08, 603.091, or 603.092 the notice shall include a statement that, upon written request by the owner, keeper, or harborer of the animal to the impounding agency, which is received by the impounding agency within five (5) calendar days of the notice of seizure and impoundment, a hearing will be held at the next available court date, or no later than three (3) days from the date the notice of a request for a hearing was received, whichever is earlier. If a hearing is not timely requested, the animal is deemed forfeited without hearing and the impounding agency may determine the disposition of the animal. (2) If the seizure is for a violation of Sections 603.09 the notice shall include a statement that, upon written request by the owner, keeper, or harborer of the animal to the impounding agency, which is received by the impounding agency within ten (10) calendar days of the notice of seizure and impoundment, a hearing will be held at the next available court date, or no later than three (3) days from the date the notice of a request for a hearing was received, whichever is earlier. If a hearing is not timely requested, the animal is deemed forfeited without hearing and the impounding agency may determine the disposition of the animal. (3) In either case, the notice shall also state that the hearing will be held to determine whether the officer had probable cause to seize the animal and, if applicable, to determine the amount of a bond or cash deposit that is needed to provide for the animal's care and keeping for not less than thirty (30) days beginning on the date on which the animal was seized and impounded. (d) An animal that is seized under this section may be humanely destroyed immediately or at any time during impoundment or otherwise provided with veterinary care if a licensed veterinarian determines it to be necessary because the animal is suffering. (e) (1) If the owner, keeper, or harborer of the animal has requested a hearing in writing, the court shall hold a hearing to determine whether the officer impounding an animal had probable cause to seize the animal. If the court determines that probable cause exists, the court shall determine the amount of a bond or cash deposit that is needed to provide for the animal's care and keeping for not less than thirty (30) days beginning on the date on which the animal was impounded. If a hearing is not timely requested, the animal is deemed forfeited without hearing and the impounding agency may determine the disposition of the animal. (2) If the court determines that probable cause does not exist, the court immediately shall order the impounding agency to return the animal to its owner if possible. (3) If the court determines that probable cause exists and determines the amount of a bond or cash deposit, the case shall continue and the owner shall post a bond or cash deposit to provide for the animal's care and keeping for not less than thirty (30) days beginning on the date on which the animal was impounded. The owner may renew a bond or cash deposit by posting, not later than ten (10) days following the expiration of the period for which a previous bond or cash deposit was posted, a new bond or cash deposit in an amount that the court, in consultation with the impounding agency, determines is sufficient to provide for the animal's care and keeping for not less than thirty (30) days beginning on the date on which the previous period expired. If no bond or cash deposit is posted or if a bond or cash deposit expires and is not renewed, the impounding agency may determine the disposition of the animal unless the court issues an order that specifies otherwise. The notice provided in this section shall include notice that if no bond or cash deposit is posted or if the bond or cash deposit expires and is not renewed and the owner or person in control of the animal fails to appear for the hearing, the impounding agency may determine the disposition of the animal. (f) If a person is convicted of committing an offense, the court may impose the following additional penalties against the person: (1) A requirement that the person pay for the costs incurred by the impounding agency in caring for an animal involved in the applicable offense, provided that the costs were incurred during the animal's seizure or impoundment. A bond or cash deposit posted under this section may be applied to the costs. (2) An order permanently terminating the person's right to possession, title, custody, or care of the animal that was involved in the offense. If the court issues such an order, the court shall order the disposition of the animal. (g) If a person is found not guilty of committing an offense, the court immediately shall order the impounding agency to return the animal to its owner if possible and to return the entire amount of any bond or cash deposit posted under division (e) of this section. If the animal cannot be returned because it has been adopted or euthanized the impounding agency shall pay the fair market value of the animal at the time that it was impounded plus statutory interest as defined in RC 1343.03 from the date of the impoundment or an amount determined by the court to be equal to the cost of treatment of the injury to the animal, as applicable. The requirements established in this division regarding the return of a bond or cash deposit and the payment of the reasonable market value of the companion animal shall not apply in the case of a dog that was not registered, in accordance with applicable registration laws, at the time it was seized and impounded. (h) If charges are filed for an offense described in this section against the custodian or caretaker of an animal, but the animal that is the subject of the charges is not impounded, the court in which the charges are pending may order the owner or person having custody of the animal to provide to the animal the necessities described in division (C)(5), (D)(2), and (E)(5) of RC 959.131 until the final disposition of the charges. If the court issues an order of that nature, the court also may authorize an officer or another person to visit the place where the animal is being kept, at the times and under the conditions that the court may set, to determine whether the animal is receiving those necessities and to remove and impound the animal if the animal is not receiving those necessities. (i) Nothing in this section shall be interpreted to apply to an animal impounded under Section 603.03. (Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)

Codified Ordinances of Cleveland § 603.041 Disposal of Dog Waste

§ 603.041 Disposal of Dog Waste (a) No person who has the charge or control of a dog on any public street, sidewalk, pathway, park, pedestrian way or any public facility or on any private property not owned or possessed by the owner or person having control of such dog shall fail to maintain in his or her possession sufficient and readily usable wrappers, materials or implements to remove and properly dispose of any fecal matter that may be deposited on the ground by the dog. (b) No person who has the charge or control of a dog on any public street, sidewalk, pathway, park, pedestrian way or any public facility or on any private property not owned or possessed by the owner or person having control of such dog shall fail to remove and properly dispose of any fecal matter that may be deposited on the ground by the dog. (c) A disabled person who has the charge or control of a guide dog or an officer who has the charge of a police dog in the performance of law enforcement duties shall be exempt from the provisions of this section. (d) Whoever violates this section is guilty of a minor misdemeanor. In addition to any other method of enforcement provided for in this chapter, the provisions of this section may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure. (Ord No. 728-02. Passed 6-10-02, eff. 6-14-02)

Codified Ordinances of Cleveland § 603.071 Assault Upon Police Dogs Prohibited

§ 603.071 Assault Upon Police Dogs Prohibited (a) No person shall knowingly cause or attempt to cause physical harm to any dog which is owned, harbored or under the control of the City’s Division of Police. (b) No person shall recklessly cause serious physical harm to any dog which is owned, harbored or under the control of the City’s Division of Police. (c) This section does not apply to a licensed veterinarian acting in an official capacity. (d) Whoever violates the provisions of this section shall be guilty of a misdemeanor of the first degree. (Ord. No. 2638-90. Passed 4-8-91, eff. 4-15-91)

Codified Ordinances of Cleveland § 603.072 Illegal Fights Between Animals

§ 603.072 Illegal Fights Between Animals (a) No person shall cause, allow or permit any animal to fight another animal for gambling, entertainment or any other purpose, for profit or otherwise. The term "animal", as used in this section shall include, but not be limited to, fowl. This section does not regulate fighting between dogs as prohibited under RC Chapter 959. (b) No person shall: (1) Own, train, use, possess, buy, sell, offer to buy or sell, transport, receive or deliver any animal intended for use in fighting, seizing, detaining, or mistreating an animal. (2) Own, use, possess, buy, sell, offer to buy or sell, transport, receive or deliver any equipment, including, but not limited to, gaffs, spurs, sparring equipment, performance-enhancing substances or syringes, intended for use in training, fighting, seizing, detaining or mistreating another animal. (3) Knowingly permit any place under his or her control or possession to be kept, or used, for any of the purposes described in this section. (c) Whoever violates this section is guilty of illegally causing, allowing, or permitting fighting between animals, a misdemeanor of the first degree. (d) Any person who knowingly purchases a ticket of admission to an animal fighting venue, or is present at an animal fighting venue to witness an animal fight or for any of the purposes described in this section or to aid and abet the animal fight, is an aider and abettor, and shall be prosecuted and punished as if he were a principal offender. (Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)

Codified Ordinances of Cleveland § 603.091 Neglect of Animals

§ 603.091 Neglect of Animals (a) No owner or keeper of a dog, cat, or other domestic animal shall cause any condition that may lead to permanent injury, death, or harm to such animal, including confining an animal in a motor vehicle under any conditions that may endanger the well being of the domestic animal. (b) No person shall keep any animal in a place that is unsanitary, including any place where there is an accumulation of feces or other waste, or foul odor, or insect or rodent infestation. (c) No person who owns or keeps an animal shall fail to provide the animal all of the following needs: (1) Clean, potable drinking water at all times, and suitable food, of sufficient quality and quantity as to ensure normal growth and the maintenance of normal body weight; (2) Food and water receptacles that are kept clean and disinfected, and located so as to avoid contamination by feces or other wastes; (3) Regular exercise sufficient to maintain the animal's good health; (4) Necessary veterinary care; (5) Shelter from the elements, including heat, cold, wind, rain, snow or excessive direct sunlight. If the animal is housed outside, a structure for shelter and protection must be provided that is suitable for the species, age, condition, size, and type of that animal. The structure must be completely enclosed and insulated, having a single entrance/exit secured with a flap or door or similar device. The structure shall be moisture-resistant, wind-resistant, and of suitable size and type to allow the animal to stand, turn about freely, lie in a normal position, and regulate proper body temperature. The structure shall be made of a durable material with a solid, moisture-proof floor and a floor raised at least two (2) inches from the ground. Suitable drainage shall be provided so that water cannot be reasonably expected to gather and stand within ten (10) feet of the structure, and so the animal has access to a dry area at all times. Proper bedding of straw or similar material, that remains dry, must be utilized inside the structure. All structures required by this section shall be subject to all building and zoning regulations. (d) No person who shelters an animal from the elements by means of an animal shelter, a cage, or a pen shall fail to conform it to the following requirements: (1) The shelter, cage or pen shall be appropriate to the animal's size, weight, and other characteristics, with sufficient space to allow the animal to turn about freely and lie in a normal position; (2) The shelter, case or pen shall provide sufficient shade to allow the animal to escape the direct rays of the sun at all times; (3) The shelter, cage or pen shall be regularly cleaned and sanitized. (e) Whoever violates this section is guilty of neglect of animals, a misdemeanor of the first degree. (Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)

Codified Ordinances of Cleveland § 603.092 Tethering Animals

§ 603.092 Tethering Animals (a) No person shall tether an animal in any of the following circumstances: (1) For more than six (6) hours total in a twenty-four (24) hour period and not more than two (2) consecutive hours with no less than a one (1) hour period between tetherings; (2) Between the hours of 10:00 p.m. and 6:00 a.m.; (3) If a heat or cold advisory has been issued by a local or state authority or the National Weather Service; (4) If a severe weather warning has been issued by a local or state authority or the National Weather Service; (5) If the tether is less than twenty (20) feet in length; (6) If the tether allows the animal to touch the fence or cross the property line or cross onto public property; (7) If the tether is attached by means of a pinch-type, prong-type, or choke-type collar or if the collar is unsafe or is not properly fitted; (8) If the tether may cause injury or entanglement; (9) If the animal is not provided with its needs as identified in division (b) of Section 603.091; (10) If the tether is made of a material that is unsuitable for the animal's size and weight or that causes any unnecessary discomfort to the animal; (11) If no owner or occupant is present at the premises. (b) As used in this section, "tether" means a rope, chain, cord, dog run or pulley, or similar restraint for holding an animal in place, allowing a radius in which it can move about. (c) Whoever violates this section is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the first degree on the third or any subsequent offense. Notwithstanding the foregoing penalties, if an animal becomes sick or injured as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. (Ord. No. 12-12. Passed 5-21-12, eff. 5-25-12)

Source: City of Cleveland, Ohio, Codified Ordinances and City Charter (American Legal Publishing, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/cleveland/latest/cleveland_oh/0-0-0-49559Fetched: 11/1/2026