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2018-004 Ordinance
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2018-004 Ordinance
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1/18/2018 3:33:03 PM
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North Olmsted Legislation
Legislation Number
2018-004
Legislation Date
1/16/2018
Year
2018
Legislation Title
Amend 505.15
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(14) Wolves. <br />(15) Raccoons, opossums, bats, and skunks. <br />(16) Deer. <br />(17) Ducks, geese or waterfowl. <br />(b) Prohibition against Keeping and/or Maintaining Wild Animals. No person shall <br />display, maintain or in any other manner keep a wild animal, either inside or outside a structure, <br />within the City, with the following exceptions: <br />(1) Any fish or similar aquatic vertebrates bred to remain, and to be kept and <br />maintained, in an indoor tank of water. <br />(2) Any domestic, non-farm animal including, but not limited to dogs or cats. <br />(3) Birds. <br />(c) Prohibition against Feeding Wild Animals. <br />(1) It shall be unlawful for any person or persons to feed any wild animals <br />within the City. including, but not limited to, those identified herein at <br />Sections 505.15(a)., (4), (5) and (6). Feeding wild animals by placing food <br />directly on the ground or in an unsealed container at any level shall be <br />deemed a per se violation of this section. "Food" as used in this section is <br />any vegetable or plant material of any kind, with the exception of <br />vegetable or plant material actually rooted in the ground or plant or <br />vegetable seed placed in a sealed container with controlled dispensing to <br />feed wild birds. "Food" as used in this section further includes any <br />butchered animal product, whether such product was prepared for human <br />consumption or not. <br />(2) It shall be unlawful for an owner or occupier of premises to permit any <br />activities or conditions prohibited in this Chapter to exist on their <br />premises. <br />(3) No person shall feed deer. Nor shall any person make food available for <br />consumption by deer. <br />(d) Any person violating any of the prohibitions of this section shall be deemed guilty <br />of a misdemeanor of the fourth degree for the first offense. For the second and subsequent <br />violations of this section, the violator shall be deemed guilty of a misdemeanor of the third <br />degree. This is a strict liability criminal offense. No person shall make food available for <br />consumption under Section 505.15(c)(1). It shall not be an element of the offense to show that <br />any wild animal actually consumed such food. In addition, the court may order, at the violator's <br />expense, that the wild animal be transferred to an appropriate zoological or similar facility. If <br />this is not practical, as an alternative, the court may order, again at the violator's expense, that <br />the wild animal be humanely destroyed by a qualified veterinarian. <br />SECTION 2: That this Ordinance is hereby declared to be an emergency measure <br />immediately necessary for the preservation of the public health, safety and welfare, and further <br />for the reason that it is necessary that this Ordinance go into effect immediately in order to <br />prevent ongoing nuisance conditions; and further provided it receives the affirmative vote of <br />two-thirds of all members of Council, it shall take effect and be in force immediately upon its <br />passage and approval by the Mayor. <br />2 <br />
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