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. <br />Ordinance No. 2004-54 <br />(b) No person shall knowingly torture, torment, needlessly mutilate or maim, <br />cruelly beat, poison, needlessly kill, or commit an act of cnxelty against a companion <br />animal. <br />(c) No person who confines or who is the custodian or caretaker of a <br />companion animal shall negligently do any of the following: <br />(1) Torture, torment, needlessly mutilate or maim, <br />cruelly beat, poison, needlessly kill, or commit an act of cruelty <br />against the companion animal; <br />(2) Deprive the companion animal of necessaxy <br />sustenance, confine the companion animal without supplying it <br />during the confinement with sufficient quantities of good, <br />whoiesome food and water, or impound or confine the companion <br />animal without affording it, during the impoundment or <br />confinement, with access to shelter from heat, cold, wind, rain, <br />snow, or excessive direct sunlight, if it can reasonably be expected <br />that the companion animal would become sick or suffer in any <br />other way as a result of or due to the deprivation, confinement, or <br />impoundment in any of those specified manners. <br />(d) Subsections (b) and (c) of this section do not apply to any of the <br />following: <br />(1) A companion animal used in scientific research <br />conducted by an institution in accordance with the federal animal <br />welfare act and related regulations; <br />(2) The lawful practice of veterinary medicine by a <br />person who has been issued a license, temporary permit, or <br />registration certificate to do so under Ohio R.C. Chapter 4741; <br />(3) Dogs being used or intended for use for hunting or <br />field trial purposes, provided that the dogs are being treated in <br />accordance with usual and commonly accepted practices for the <br />care of hunting dogs; <br />(4) The use of common training devices, if the <br />companion animal is being treated in accordance with usual and <br />commonly accepted practices for the training of animals; <br />(5) The administering of inedicine to a companion <br />animal that was properly prescribed by a person who has been <br />issued a license, temporary permit, or registration certificate under <br />Ohio R. C. Chapter 4741. <br />(ORC 959.131) <br />(e) (1) Whoever violates subsection (b) hereof is guilty of a <br />misdemeanor of the first degree on a first offense. On each <br />subsequent offense such person is guilty of a felony and shall be <br />prosecuted under appropriate State law. <br />(2) Whoever violates subsection (c) hereof is guilty of a <br />misdemeanor of the second degree on a first offense and a <br />misdemeanor of the first degree on each subsequent offense. <br />(3) A. A court may order a person who is convicted <br />of or pleads guilty to a violation of this section to forfeit to <br />an impounding agency, as defined in Ohio R.C. 959.132, <br />any or a11 of the companion animals in that person's <br />oumership or care. The court also may prohibit or place <br />limitations on the person's ability to own or care for any <br />t, <br />?