FindLaw | Find a Lawyer. Find Answers.

Search Cleveland Codes [Search Tips]

 

CROSS REFERENCES

See sectional histories for similar State law.

Owner or keeper liable for damages, RC 951.10

Dog registration, RC 955.01

Animal bites: reports and quarantine, CO 205.01

Nuisance conditions, CO 205.02

Carrier pigeon regulations, CO 205.03

Animals prohibited from food handling premises, CO 241.10

Animal enclosure restrictions, CO 347.02

Animals injuring trees, CO 509.12

Deposit of dead animals, CO 551.14

Removal of dead animals; notice, CO 551.15

Control of dogs and other animals in parks, CO 559.33

Disturbing animals or wildlife in parks, CO 559.41

Animals prohibited at airports, CO 571.12

Disturbing animal noises, CO 605.10

603.01     Animals or Fowl at Large

(a) No person being the owner or having charge of any horses, cattle, sheep, goats, geese, ducks, turkeys, chicken or other fowl or animals shall permit them to run at large upon any public place, unenclosed lands or the premises of another.

(b) Whoever violates this section is guilty of permitting animals at large, a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

603.02     Unmuzzled Dogs at Large; Duty to Report

(a) No person shall permit an unmuzzled dog at any time to be on a public street, highway, park, building or other public place except when held securely in leash by the owner thereof or another responsible person except when the dog is legally engaged in training for the purpose of hunting, herding, agility or dog competition events, accompanied by the owner, keeper, harborer, or a handler.

(b) Every City employee, while in the performance of his official duties, who has in his possession or under his control any radio transmitter and receiver, telephone or other device ordinarily used for two-way communication, shall immediately report to police officers or dog wardens of the City the sighting of any unmuzzled dogs found to be in a public place in violation of this section. The employee shall report the time, place, date and description of the dog, together with the employee's name.

(c) If a violation of division (a) of this section involves a dangerous or vicious dog as defined in division (b) or (k) of Section 604.01, the dog shall be impounded pursuant to Section 603.02. Impoundment of a dangerous or vicious dog because it was found to be in violation of this section shall not exempt the owner of the dog from being prosecuted under Section 604.99.

(d) Whoever violates this section is guilty of permitting unmuzzled dogs at large, and shall be fined not less than one hundred dollars ($100.00) on the first offense, and on each subsequent offense shall be fined not less than one hundred fifty dollars ($150.00) or more than two hundred fifty dollars ($250.00), which fine shall be mandatory, and shall not be suspended or remitted.

(e) An amount equal to the amount of fines and penalties imposed pursuant to this section shall annually be contributed to and used for the benefit of the Division of Dog Pound.
(Ord. No. 957-99. Passed 8-11-99, eff. 8-18-99; Reprinted 10-20-99 CR)

603.03     Impounding Dogs and Cats

(a) When any unmuzzled dog or cat is found at large in violation of Section 603.02, or when any dog's owner or the person in charge of control of any dog, or owner or person in charge of the premises upon which a dog is located, has violated the provisions of Section 603.04 more than three (3) times within a four (4) month period, a police officer or dog warden shall take up and impound the dog or cat in a City pound. No dog or cat shall be released from the pound until a fee of forty dollars ($40.00) is paid to the City, and the animal has a valid registration tag as prescribed by Section 603.05 if it has none.

(b) If a police officer or dog warden impounds a dog or cat which is wearing a license tag or other form of identification showing the name and address of its owner, the police officer or dog warden shall immediately give the owner notice of the impoundment.

(c) Any impounded dog or cat which is unredeemed after three (3) days from the later of the date of impoundment or the date upon which notice of impoundment was given may be destroyed or otherwise disposed of upon order of the Director of Public Safety. For purposes of this division "otherwise disposed of" includes sale of the animal to a suitable buyer for an amount not to exceed the City's cost of boarding the animal.

(d) The owner, upon redeeming a dog or cat being held at the kennel pending the outcome of a court action or other hearing regarding a violation of any of the provisions in this chapter shall pay a fee of ten dollars ($10.00) per day for each day the animal was boarded at the kennel. This charge shall be in addition to any other repayments that may be owed under this chapter.

(e) Payment of charges for redeeming a dog or cat which was impounded because it was found in violation of Section 603.02 shall not exempt the owner of the dog or cat from prosecution under that section.

(f) Any fee established under this section may be waived by the Director of Public Safety if the owner of the impounded animal is determined by the Director to be indigent, the owner has never before received the waiver, and, including the impounded animal, there is only one animal in the owner's household.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

603.031     Adoption of Dogs and Cats from the City Kennel

(a) Every dog or cat over six (6) months of age adopted from the City Kennel shall be spayed or neutered at the Spay and Neuter Clinic before release. The cost of the operation shall be borne by the person adopting the animal and is in addition to any adoption fee imposed by the Dog Warden.

(b) A person wishing to adopt a dog or cat under the age of six (6) months shall sign an agreement stating the dog or cat shall be spayed or neutered at the Spay and Neuter Clinic or at an appropriate outside animal hospital within seven (7) days of a date specified on the agreement, when the animal reaches between six (6) and nine (9) months of age. In addition to any adoption fee imposed by the Dog Warden, a thirty dollar ($30.00) fee shall be paid at the time of the adoption, to be held until the animal is brought back to be spayed or neutered, or until proof of the operation is established with the Dog Warden. The thirty dollar ($30.00) fee shall either: (1) be used to cover the cost of the operation when the animal is brought back to the Spay and Neuter Clinic for the operation; or (2) be returned to the pet owner upon production of proof of the operation at an outside facility. If the animal is not spayed or neutered within the set time period, or within the date specified in the agreement, the owner of the animal shall forfeit the thirty dollar ($30.00) fee.

(c) Any fee established under this section may be waived by the Director of Public Safety if the person adopting the animal is determined by the Director to be indigent, the person adopting has never before received the waiver, and, including the adopted animal, there is only one animal in the adopting person's household.
(Ord. No. 2393-02. Passed 2-3-03, eff. 2-3-03)

603.032     Maximum Number of Dogs and Cats Permitted; Prior Acquisition not Affected

(Ord. No. 214-01. Passed 12-10-01, eff. 12-19-01)
NOTE: This section is no longer effective. Please see detailed note below.
(a) Upon the effective date of this section, no pet owner shall be permitted to keep more than four dogs, puppies, cats or kittens over three months of age, or any combination thereof, within the City. However, any pet owner owning more than four of such animals upon the effective date of this section shall be permitted to continue such ownership; whenever any of such animals dies, is sold, or is given away, such owner shall not be permitted to replace such animal if such replacement would bring the total number of animals to more than four. There shall not be more than one pet owner permitted to live in any dwelling unit in the city. This section shall not apply to any county or city kennel, the Animal Protective League, animal shelters or such other licensed agencies that house animals for protection, sale or safety.
(b) Whoever violates this section is guilty of a misdemeanor of the third degree.
Note: Section 603.032 was enacted by Ordinance No. 214-01, passed December 10, 2001, effective December 19, 2001. Section 4 of Ordinance No. 214-01 stated "That Section 603.032 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by this ordinance, shall expire and be of no further force and effect six months after the passage date of this ordinance". On June 10, 2002, Ordinance No. 1216-02 was passed, and amended Section 4 of Ordinance No. 214-02, passed December 10, 2001, to read as follows: "That Section 603.032 of the Codified Ordinances of Cleveland, Ohio, 1976, as enacted by this ordinance, shall expire and be of no further force and effect one year after the date of passage of this ordinance". Therefore, Section 603.032 expired one year after the passage of Ordinance No. 214-01, or December 10, 2002.

603.04     Dog Nuisances

(a) No owner or person in charge or control of a dog, or owner or person in charge of such premises upon which a dog is located, shall permit a dog nuisance to occur or continue within the City.

(b) For the purposes of this section, each of the following constitutes a dog nuisance:

(1) a dog which bites or barks, yelps, howls, or bays in such a manner or to such extent as to disturb the peace and quiet or endanger the health of any persons, other than a dog which bites in such manner or to such extent as to constitute a vicious dog, as defined in division (k) of Section 604.01;

(2) a dog which scratches or digs in or urinates upon any lawn, tree, shrub, plant, building, or any other public or private property other than the property of the dog's owner or the property of a person in charge or control of the dog.

(c) On complaint of any person to the police that a dog nuisance has occurred or is continuing, a police officer or dog warden shall issue notice of such complaint to the owner or person in charge or control of the dog which constitutes the nuisance complained of, or to the owner or person in charge of such premises upon which the dog nuisance complained of occurs.

(d) Any person who fails to abate a dog nuisance after having received a notice pursuant to division (c) of this section shall be guilty of creating a dog nuisance. Each day upon which the dog nuisance occurs or continues shall constitute a separate offense, and the offender shall be subject to the following penalties:

(1) for a first offense, a fine of fifty dollars ($50.00);

(2) for a second offense occurring within four (4) months of the first offense, a fine of seventy-five dollars ($75.00);

(3) for a third offense occurring within four (4) months of the first offense, a fine of one hundred dollars ($100.00);

(4) for a fourth and any subsequent offense occurring within four (4) months of the first offense, the dog which constitutes the nuisance shall be impounded pursuant to Section 603.03.

(e) In addition to any other method of enforcement provided in this section, the offense created herein may be enforced upon a first, second, or third offense by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure.
(Ord. No. 728-02. Passed 6-10-02, eff. 6-14-02)

603.041     Disposal of Dog Waste

(a) No person who has the charge or control of a dog on any public street, sidewalk, pathway, park, pedestrian way or any public facility or on any private property not owned or possessed by the owner or person having control of such dog shall fail to maintain in his possession sufficient and readily usable wrappers, materials or implements to remove and properly dispose of any fecal matter that may be deposited on the ground by the dog.

(b) No person who has the charge or control of a dog on any public street, sidewalk, pathway, park, pedestrian way or any public facility or on any private property not owned or possessed by the owner or person having control of such dog shall fail to remove and properly dispose of any fecal matter that may be deposited on the ground by the dog.

(c) A disabled person who has the charge or control of a guide dog or an officer who has the charge of a police dog in the performance of law enforcement duties shall be exempt from the provisions of this section.

(d) Whoever violates this section is guilty of a minor misdemeanor. In addition to any other method of enforcement provided for in this chapter, the provisions of this section may be enforced by the issuance of a citation in compliance with Rule 4.1 of the Ohio Rules of Criminal Procedure.
(Ord No. 728-02. Passed 6-10-02, eff. 6-14-02)

603.05     Annual Registration of Dogs; Tags Required

(a) Except for guide dogs registered under RC 955.011 and dogs kept by an institution or organization for teaching and research purposes under RC 955.16, no person shall own, keep or harbor a dog more than three months of age without annually registering such dog with the County Auditor. Failure of any dog at any time to wear a valid registration tag shall be prima-facie evidence of lack of registration and subject such dog to impounding and disposition as provided by RC 955.16.

(b) Whoever violates this section is guilty of keeping an unregistered dog, a minor misdemeanor.
(Ord. No. 1020-76. Passed 6-14-76, eff. 6-18-76)

603.06     Abandoning Animals

(a) No owner or keeper of a dog, cat or other domestic animal shall abandon such animal.

(b) Whoever violates this section is guilty of abandoning animals, a misdemeanor of the first degree.
(Ord. No. 214-01. Passed 12-10-01, eff. 12-19-01)

603.07     Killing or Injuring Animals

(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 killing or injuring animals, a misdemeanor of the first degree.
(Ord. No. 214-01. Passed 12-10-01, eff. 12-19-01)

603.071     Assault Upon Police Dogs Prohibited

(a) No person shall knowingly cause or attempt to cause physical harm to any dog which is owned, harbored or under the control of the City's Division of Police.

(b) No person shall recklessly cause serious physical harm to any dog which is owned, harbored or under the control of the City's Division of Police.

(c) This section does not apply to a licensed veterinarian acting in an official capacity.

(d) Whoever violates the provisions of this section shall be guilty of a misdemeanor of the first degree.
(Ord. No. 2638-90. Passed 4-8-91, eff. 4-15-91)

603.072     Illegal Fights between Animals

(a) No person shall cause a dog, cat or other animal to fight another dog, cat or other animal for gambling, entertainment or any other purpose, for profit or otherwise. This section does not regulate fighting between dogs as prohibited under the State Code (RC Chapter 959).

(b) Whoever violates this section is guilty of illegally causing fighting between animals, a misdemeanor of the first degree.
(Ord. No. 214-01. Passed 12-10-01, eff. 12-19-01)

603.08     Poisoning Animals

(a) No person shall maliciously, or willfully and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to a farm animal, dog, cat, poultry, or any other domestic animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisonous or hazardous food, drink or other substance where it may be easily found and ingested by any of such animals, either upon his own lands or the lands of another.

(b) Whoever violates this section is guilty of poisoning animals, a misdemeanor of the first degree.
(Ord. No. 214-01. Passed 12-10-01, eff. 12-19-01)

603.09     Cruelty to Animals

(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 (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 earth's contour, tree development or vegetation;

(3) Carry or convey an animal in a cruel or inhumane 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 permit such stock 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 particular 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 therefor. This section does not prevent the dehorning of cattle.

(c) All fines collected for violations of this section shall be paid to the society or association for the prevention of cruelty to animals, if there be such in the county, township, or municipal corporation where such violation occurred.

(d) 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 division, 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.
(RC 959.99(D); Ord. No. 214-01. Passed 12-10-01, eff. 12-19-01)

603.091     Neglect of Animals

(a) No owner or keeper of a dog, cat, or other domestic animal shall cause any condition that may lead to permanent injury, death, or harm to such animal.

(b) No person shall keep any animal in a place that is unsanitary, including any place where there is an accumulation of feces or other waste, or foul odor, or insect or rodent infestation.

(c) No person who owns or keeps an animal shall fail to provide the animal all of the following needs:

(1) Clean, potable drinking water at all times, and suitable food, of sufficient quality and quantity as to ensure normal growth and the maintenance of normal body weight;

(2) Food and water receptacles that are kept clean and disinfected, and located so as to avoid contamination by feces or other wastes;

(3) Regular exercise sufficient to maintain the animal's good health;

(4) Necessary veterinary care;

(5) Shelter from the elements.

(d) No person who shelters an animal from the elements by means of an animal shelter, a cage, or a pen shall fail to conform it to the following requirements:

(1) The shelter, cage or pen shall be appropriate to the animal's size, weight, and other characteristics, with sufficient space to allow the animal to turn about freely and lie in a normal position;

(2) The shelter, case or pen shall provide sufficient shade to allow the animal to escape the direct rays of the sun at all times;

(3) The shelter, cage or pen shall be regularly cleaned and sanitized.

(e) Whoever violates this section is guilty of neglect of animals, a misdemeanor of the first degree.
(Ord. No. 214-01. Passed 12-10-01, eff. 12-19-01)

603.10     Coloring Rabbits or Baby Poultry; Sale or Display of Poultry

(a) No person, firm, or corporation shall dye or otherwise color any rabbit or baby poultry, including, but not limited to, chicks and ducklings. No person, firm, or corporation shall sell, offer for sale, expose for sale, raffle, or give away any rabbit or baby poultry which has been dyed or otherwise colored. No poultry younger than four weeks of age may be sold, given away, or otherwise distributed to any person in lots of less than six. Stores, shops, vendors, and others offering young poultry for sale or other distribution shall provide and operate brooders or other heating devices that may be necessary to maintain poultry in good health, and shall keep adequate food and water available to the poultry at all times. (RC 925.62)

(b) Whoever violates this section is guilty of unlawful poultry sale or keeping, a misdemeanor of the fourth degree on a first offense and a misdemeanor of the third degree on each subsequent offense.
(Ord. No. 834-03. Passed 6-10-03, eff. 6-12-03)

603.11     Large Cats

(a) Prohibited. Except as provided in subsection (b) hereof, no person shall own, keep or harbor any member of the large cat family, known as felidae, including, but not limited to, lions and all other cats listed as endangered or threatened species in 50 CFR Section 17.11, in the City, unless such person has obtained a license under the provisions of Section 2.1(b) of 9 CFR Part 2 and strictly follows and meets the applicable standards, rules and regulations of the United States Department of Agriculture as contained in 9 CFR, Part 3, Subpart F, and all other Federal, State and local laws applicable to the taking, transporting and keeping of members of the family felidae.

Except as provided in subsection (b) hereof, no person shall own, keep or harbor any member of the large cat family, as aforesaid, on any lot or premises in a Residential District, as set forth in Chapter 337 of these Codified Ordinances, on a lot less than 200 feet by 200 feet, or keep or harbor any such cat in any dwelling unit as set forth in Section 325.20 of these Codified Ordinances, or take such a cat upon any public street, sidewalk or other public place, except to transport such a cat in a motorized vehicle in accordance with the transportation requirements contained in Federal, State and local law.

(b) Exceptions. The provisions of subsection (a) hereof do not apply to any circus, carnival, zoo or other event for entertainment, which is authorized by law by the proper and responsible City official, or to a research facility, as defined in 9 CFR, Part 1, provided that proper bond or insurance is posted to indemnify those who may be injured or killed by the keeping of such cats. The type and amount of such bond or insurance shall be determined by the Director of Law, except where otherwise provided by ordinance.

The provisions of this subsection do not apply to the Cleveland Metroparks Zoo.

(c) Notice to Remove. Upon complaint of any person that another person owns or is keeping or harboring a large cat on premises in the City in violation of subsection (a) hereof, the Director of Public Safety shall forthwith cause the matter to be investigated. If, after investigation, the facts indicate that such person named in the complaint is in fact the owner of, or is keeping or harboring, any such large cat in the City in violation of subsection (a) hereof, the Director shall forthwith send written notice to such person, requiring such person to safely remove such cat from the City within five days of the date of such notice. However, such notice is not required where such large cat has previously caused serious physical harm, as set forth in Section 601.01 of these Codified Ordinances, or death, to any person, or has escaped and is at large. In such case the Director shall cause such cat to be immediately seized and impounded, if seizure and impoundment are possible without risk of serious physical harm or death to any person.

(d) Seizing and Impounding. The Director of Public Safety shall forthwith cause to be seized and impounded any large cat when the person owning, keeping or harboring such cat has failed to comply with the notice sent pursuant to subsection (c) hereof. Upon such seizure and impoundment, such cat shall be delivered to a place of confinement which may be with any organization which is authorized by law to accept, own, keep or harbor such animals, including, but not limited to, the Cleveland Metroparks Zoo, the Chief of the Division of Wildlife of the State or any other governmental body or unit consenting to take such animal into custody.

If, during the course of seizing and impounding any such large cat, the cat poses a risk of serious physical harm or death to any person, a person authorized by the Director may render such cat immobile by means of tranquilizers or other safe drugs, or if that is not safely possible, then such cat may be killed.

(e) Costs. Any reasonable cost incurred by the Director of Public Safety in seizing, impounding and confining any large cat, pursuant to subsection (d) hereof, shall be charged against the owner, keeper or harborer of such cat and shall be collected by the Director of Law.

(f) Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree for the first offense, and for each subsequent offense is guilty of a misdemeanor of the third degree. A separate offense shall be deemed committed each day a person fails to abide by the notice sent pursuant to subsection (c) hereof after the expiration date stated therein.
(Ord. No. 1002-A-82. Passed 5-24-82, eff. 5-28-82)

603.12     Report of Escape of Exotic or Dangerous Animal

(a) The owner or keeper of any member of a species of the animal kingdom that escapes from his custody or control and that is not indigenous to this State or presents a risk of serious physical harm to persons or property, or both, shall, within one hour after he discovers or reasonably should have discovered the escape, report it to:

(1) A law enforcement officer of the Municipality and the sheriff of the county where the escape occurred; and

(2) The Clerk of the Municipal Legislative Authority where the escape occurred.

(b) If the office of the Clerk of the Legislative Authority is closed to the public at the time a report is required by division (a) of this section, then it is sufficient compliance with division (a)(2) of this section if the owner or keeper makes the report within one hour after the office is next open to the public.

(c) Whoever violates this section is guilty of a misdemeanor of the first degree.
(RC 2927.21; Ord. No. 90-96. Passed 3-18-96, eff. 3-26-96)