2000-154 Ordinance - Laserfiche WebLink

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confinement, access to shelter from wind, rain, snow or excessive direct sunlight if it ca.n reasonably be expected that the animal would otherwise become sick or in some other way suffer. lfiis subsection (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 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; (4) Keep animals other than cattle, poultry or fowl, swine, sheep or goats in an enclosure 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 hours after they are so placed without supplying them with necessary food, water and attention, nor permrt such livestock to be so crowded as to overlie, crush, wound or kill each other. (b) Upon the written request of the owner or person in custody of any pazticular shipment of livestock, which written request shall be separate and apart from any printed bill of lading or other railroad form, the length of time in which such livestock may be detained in any cars or compartments without food, water and attention, may be extended to thirty- six hours without penalty therefore. This section does not prevent the dehorning of cattle. " (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 pursuant 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 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. SECTION 2: That this Ordinance is hereby declared to be an emergency measure immediately necessary for the preservation of the public health, safety and welfare and for the further reason that it is immediately necessary to increase the penalties for offenses involving cruelty to animals in order to save the lives at animals now at risk within the City of North Olmsted, and to sufficiently punish offenders of these criminal laws so that justice prevails, and further provided that it receives the affirmative vote of two-thirds of all members of Council, it shall take effect and be in force immediately upon its passage and approval by the Mayor. 3