26-00 Amend 505.07 Killing or Injuring Animals

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PLACED ON 1st READING AND REFERRED TO HEALTH AND HUMAN SERVICES COMMITTEE 5/1/00. PLACED ON 2nd READING 5/15/00. ORDINANCE NO. 26-00 BY: Corrigan, FitzGerald, George, Roth, Seelie, Skindell, Smith. AN ORDINANCE amending sections 505.07 "Killing or Injuring Animals" and 505.09 "Cruelty to Animals" of the Codified Ordinances of the City of Lakewood which will update and enhance the penalties for the offenses of Cruelty to Animals and Killing or Injuring Animals. WHEREAS, the dollar value of a domestic pet is not indicative of the value an owner places on the pet; and WHEREAS, the protection of domesticated animals is the role of local government. BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO Section 1. That Section 505.07 "Killing or Injuring Animals" of the Codified Ordinances of the City of Lakewood, now reading as follows: (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, if the value of the animal killed or the injury done amount to less than three hundred dollars ($300.00), is guilty of a misdemeanor of the second degree; if the value of the animal killed or the injury done amounts to three hundred dollars ($300.00) or more, such person is guilty of a misdemeanor of the first degree. shall be and is hereby amended to read as follows: (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 a misdemeanor of the first degree. Section 2. That Section 505.09 "Cruelty to Animals" of the Codified Ordinances. of the City of Lakewood, now reading as follows: (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 such 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 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 subsection does not apply to animals impounded or confined prior to slaughter. For the purpose of this section, "shelter" means a man-made enclosure, windbreak or sunshade or a natural windbreak or sunshade that is developed from the earth's contour, tree development or vegetation; (3) Carry or convey an animal in a cruel or inhuman manner;