01-18 Amend 505 Animals and Fowl & 506 Dangerous and Vicious Animals

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(a) Except for guide, leader or listener dogs, or dogs in training to become guide, leader or listener 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 fiscal of- ficer. Failure of any dog at any time to wear a valid registration tag shall be pri- ma -facie evidence of lack of registration and subject such dog to impounding and disposition as provided by Ohio R.C. 955.16. (b) No person shall own, keep or harbor a dog wearing a fictitious, altered or invalid registration tag or a registration tag not issued by the county fiscal of- ficer in connection with the registration of such animal. (c) Whoever violates this section is guilty of a misdemeanor of the fourth de- gree. Section 4. Section 505.09, Cruelty to Animals, of the Codified Ordinances of the City of Lakewood, currently reading as follows: 505.09 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 with- out supplying it during such confinement with a sufficient quantity of good wholesome food and water; (2) Impound or confine an animal without affording it, during such confine- ment, 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, or confine such animal in a motor vehicle in a manner which would endanger the animal. This subsection does not apply to animals impounded or confined prior to slaughter. For the purpose of this section, "shel- ter" means a man -made enclosure; (3) Carry or convey an animal in a cruel or inhuman manner; or (4) Keep animals, other than cattle, poultry or fowl, swine, sheep, or goats, in an enclosure without wholesome exercise and change of air. (b) Whoever violates this section is guilty of a misdemeanor of the first de- gree. In addition, the court may order the offender to forfeit the animal or live- stock 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 pursu- ant 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 tak- en from the custody of the former owner. The balance of the proceeds fi-om the sale, if any, shall be paid to the former owner of the animal. shall be and hereby is repealed, and new Section 505.09, Cruelty to Animals, is hereby enacted to read as follows: 505.09 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 with- out supplying it during such confinement with a sufficient quantity of good wholesome food and water; (2) hnpound or confine an animal if it can reasonably be expected that the an- imal would otherwise become sick or in some other way suffer, or confine such animal in a motor vehicle in a manner which would endanger the animal. This Flu