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HomeMy WebLinkAbout65-82 Ordinance .. . I -~ REEDRD\; at::::tCRDINANCES 31~3 National ~hl!lll COfP.. Cols.. O. ~ Form -No. H08-A, Ordinance N 0 .__u~~.:~~__________ p assed___u______u___________________________cu___----19 cc_c__~_ AMENDING CHAPTER 505 OF THE CODIFIED ORDINANCES OF THE VILLAGE I OF DUBLIN TO INCLUDE PROHIBITION OF THE KEEPING OF DANGEROUS ANIMALS, REPTILES, AND FISH IN THE VILLAGE OF DUBLIN, AND DECLARING AN EMERGENCY WHEREAS, the Village of Dublin deems it advisable to control and regulate the possession and care of dangerous animals within the Village; and WHEREAS, it i~ deemed to be necessary and beneficial to the health and safety of the citizens of this community that the possession and care of dangerous animals be prohibited. NOW, THEREFORE, BE IT ORDAINED by the Council of the Village of Dublin, State of Ohio, 7 of the elected members concurring: SECTION 1. That the Codified Ordinances of the Village of Dublin are hereby amended, enacting new Sections 505.14 through 505.20 thereto, to read as follows: 505.14 DANGEROUS ANIMALS, DEFINITIONS As hereinafter used unless the context otherwise requires (a) "Dangerous Animal" means any animal other than domestic dogs and cats, which in its wild state is carnivorous I or which because of its nature or physical makeup is capable of inflicting serious physical harm or death to human beings, including but not limited to members of the cat family; and reptiles which are ~emamDQBS or otherwise present a risk of serious physical harm or death to human beings as a result of their nature or physical makeup, including all constrictors; and fish which present a risk of serious physical harm or death to human beings as a result of their nature or physical makeup; andlailil:lgeflts~nha; and all 1:>-)a::-8, wolves, wolverines, badgers, lions, tigers and such other animals as the Village Manager, in consulta- tion with the Police Chief, determines by written rules to be dangerous animals. (b) "Own, harbor or keep" means to have legal title to or control or custody over any dangerous animal in the Village of Dublin, except as otherwise provided in .Section 505.16. (c) "Person" includes any natural person, association, partnership, organization or corporation. (d) "Serious physical harm" has the same meaning as con- I tained in Ohio Revised Code, Section 2901 (E). 505.15 OWN, HARBOR OR KEEP A DANGEROUS ANIMAL (a) Except as provided in Section 505.16, no person shall own, keep or harbor any dangerous animal in the Village of Dublin. . ~ .. RECORD OF ORDINANCES 65 National Graphics Corp., Cols.. o. .... Form No. 2806-A Ordinance No .___65.:::82___________ P a8sed __________________________________________________19 ----- - -- Paqe Two I 505.16 EXCEPTIONS (a) The provisions of Sections 505.14 through 505.15 shall not apply to any keeping of such animals in a bona fide, licensed veterinary hospi tal for treatment; bona fide educational or medical institutions, museums; circus, zoo, carnival or other event for entertainment, which is authorized by law by the proper and responsible official or officials of the Village of Dublin, pro- vided that proper bond or insurance be posted, to in- demnify those who may be injured or killed by danger- ous animals. The type and amount of such bond or insurance shall be determined by the Director of Law, except where otherwise provided by ordinance. 505.17 NOTICE OF KEEPING DANGEROUS ANIMALS (a) Upon the written _ complaint of any person that _a per- son owns or is keeping or harboring a dangerous animal on premises in the Village of Dublin, the Police Chief shall forthwith cause the matter to be investigated, and if after such investigation the facts indicate that such person, named in the complaint, is in fact the I owner or is keeping or harboring any such dangerous animal in the Village, he shall forthwith send written notice to such person, to be delivered via certified mail or personally served by a police officer, requir- ing such person to safely remove said animal from the Village wi thin three (3) days of the date of such notice. (b) Notice, as herein provided, shall not be required where such dangerous animal has previously caused serious physical harm or death to any person, or has escaped and is at large, in which case the Police Chief shall cause said animal to be immediately seized and impounded, according to the provisions of Section 505.18, or killed if seizure and impoundment are not possible without risk of serious physical harm or death to any person. 505.18 SEIZURE AND IMPOUNDMENT OF DANGEROUS ANIMALS (a) The Police Chief shall forthwith cause to be seized and impounded any dangerous animal where the person owning, keeping or harboring such animal has failed to comply with the notice sent pursuant to Section 505.17. Upon seizure and impoundment, said animal I 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. (b) If, during the course of seizing and impounding any such animal, the animal poses a risk of serious phy- sical ha-rm or death to any person, such person or persons authorized by the Police Chief may render said animal immobile by means of tranquilizers or other safe drugs, or if that is not safely possible, then said animal may be killed. . '. RECORD OF ORDINANCES 31 National Graphics Corp., COls., o. ~ Form No. 2806-A Ordinance No. ___Q2-=82___________ P assed____u__________uu________uu___________u_____19 ______u Page Three I 505.19 PENALTY (a) Any person who violates the provisions of Section 505.18 inclusive, shall, upon conviction therefor, be guilty of a misdemeanor of the fourth degree for the first offense, and for each subsequent offense under such sections, shall be guilty of a misdemeanor of the third degree, provided, however, that each day a person fails to abide by the notice sent by the Police Chief, after the expir- ation date therein, shall constitute a distinct and separate offense. 505.20 COSTS TO BE PAID BY RESPONSIBLE PERSONS (a) Any reasonable costs incurred by the Police Chief in seizing, impounding and for confining any dangerous animal, pursuant to the provisions of Section 505.18, shall be charged against the owner, keeper or harborer of such animal and shall be collected by the Director of Law. SECTION 2. That this Ordinance be, and the same hereby is, declared to be an emergency measure necessary for the preservation of the public peace, health I and safety and, therefore, this Ordinance shall take effect and be in force immediately upon its passage. Passed this ~O-1/t.- day of De~ern be.r , 1982. . ATTEST: c&~ )J;. ~-' C erk of unci 1 Sponsor: Assistant Village Manager I 1 hereby certify that copies of this Ordinance/Resoluti,on were p03ted in the Village of Dublin in accordance WIth Section 731.25 of the Ohio Revised Code. It~ ill /t?>lpA ~. Clerk of Coun . _ _____.._________________________..____m___