83-04 Amend 506.11 Dangerous & Vicious Animals

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ORDINANCE NO. 83-04 BY: Corrigan. Demro, Dever, Dunn, FitzGerald~ Madigan. Seelie. AN ORDINANCE to amend Section 506.11 within Chapter 506, Dangerous and Vicious Animals, of the Codified Ordinances of the City of Lakewood to comply with previous changes to the chapter. WHEREAS, this ordinance is necessary for the public health, welfare and safety. Now, therefore BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO: Section 1. That Section 506.11 of the Codified Ordinances of the City of Lakewood, Disposition of Dangerous Animals, currently reading as follows: S06.11 DISPOSITION OF DANGEROUS ANIMALS. (a) The Animal Warden, after a hearing by the Health Commissioner, may issue an order for the owner or custodian to remove any dangerous animal from the Qty, or, in the alternative, may impose reasonable terms, conditions ;md restrictions for the training, handling and maintenance of such dangerous animal which the. Animal Warden determines are necessary to protect the public health, safety and welfare, induding, but not limited to: (1) To keep the anirnal, while on the premises of its owner or custodian, confined indoors or in a securely ençlosed pen or "dog run" area which shall have sides six feet high or a secure top, and its bottom secured to its sides or imbedded at least one foot into the ground; (2) To keep the animal, while off the premises of its owner or custodian, securely muzzled, leashed with a chain not longer than three feet having tensile strength of not less than 300 pounds, and under the control of a person eighteen years of age or older who is physically capable of restraining the animal; (3) To immediately inform any government or utility company employee and anyone else who comes on the property, with implied consent or peaceablY and lawfully, of the animal's dangerousness, and to inform applicable public agencies again if the animal is moved to another loçation; and (4) To obtain liability insurance with an insurer authorized to write liability insurance in the State, providing coverage for each occurrence, subject to a limit, exclusive of interest and costs, of not less than one hundred thousand doflars ($100,000), because of damage or bodily injury to, or death of, a human being caused by the animal. (b) If the owner or custodian of the dangerous animal files a notice of appeal of the Health Commissioner's decision with a court of competent jurisdiction, the order of the Animal Warden to remove the dangerous animal from the City or to impose reasonable terms, conditions and restrictions which the Animal Warden deems are necessary to protect the public health, safety and welfare shall not be stayed pending the appeal. (ç) If the owner or custodian of an impounded or confined dangerous animal wishes to reclaim and remove it from the City, the Animal Warden shall release it, provided that the animal is taken to its new location outside the City immediately and directly upon its release. No person to whom such animal is released shall fail to remove the animal immediately and directly from the City. (d) Whoever violates this section shall be subject to the penalties provided in Section 506.01(b).