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2021-057 Ordinance
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2021-057 Ordinance
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9/24/2021 2:57:23 PM
Creation date
9/24/2021 2:57:00 PM
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North Olmsted Legislation
Legislation Number
2021-057
Legislation Date
9/21/2021
Year
2021
Legislation Title
Amending 505.16
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CITY OF NORTH OLMSTED <br />ORDINANCE NO. 2021 - 57 <br />BY: Council Member Kelly; CO-SPONSORS: Council President Jones; Council Members <br />Brossard, Glassburn, Hemann, Limpert and Williamson <br />AN ORDINANCE AMENDING AND RE-ESTABLISHING SECTION 505.16 <br />ENTITLED "VICIOUS AND DANGEROUS ANIMALS" OF CHAPTER <br />FIVE OF THE CODIFIED ORDINANCES OF THE CITY OF NORTH <br />OLMSTED IN ORDER TO ADOPT AND FOLLOW STATE CODE <br />PROCEDURES FOR DETERMINATIONS BY THE ANIMAL CONTROL <br />OFFICER AND TO PROVIDE FOR JUDICIAL HEARINGS OF APPEALS, <br />AND DECLARING AN EMERGENCY. <br />WHEREAS, Section 505.16 of the General Offenses Code provides for the Animal <br />Control Officer to initiate hearings for the Safety Director to render determinations regarding <br />vicious and dangerous animals, including containment, fencing and containment requirements, <br />subject to administrative appeals to the Mayor; and <br />WHEREAS, Ohio Revised Code 955.222 instead provides for authorized persons, such <br />as the Animal Control Officer, to render determinations regarding vicious and dangerous <br />animals, including containment, fencing and containment requirements, subject to judicial appeal <br />and hearing by the Rocky River Municipal Court; and <br />WHEREAS, in order to promote and provide for the public health, safety and general <br />welfare of all citizens and to protect residents from vicious and dangerous animals, Section <br />505.16 is proposed to be amended to adopt and follow the State law procedures for initial <br />determination and appeals to control nuisance, vicious and dangerous animals; and <br />WHEREAS, it is the desire of this Council, to amend and re-establish Section 505.16 of <br />the General Offenses Code. <br />NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF <br />NORTH OLMSTED, CUYAHOGA COUNTY, AND STATE OF OHIO: <br />SECTION 1: That Section 505.16 "Vicious and Dangerous Animals" which presently <br />reads in its entirety as set forth in Exhibit A, which is attached to this Ordinance and <br />incorporated by reference as -if fully rewritten herein, shall be amended and, as amended, as read <br />in its entirety as forth in Exhibit B. <br />SECTION 2: That any ordinance, or part of ordinance, in conflict or inconsistent with <br />this Ordinance, is, to the extent of any such conflict or inconsistency, repealed. Conflicting or <br />inconsistent provisions of any Ordinance shall be corrected at re -codification. <br />SECTION 3: 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 />
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