Ohio Governor John Kasich signed SB 331, the ‘Petland’ bill, into law, “behind closed doors and without additional comment”, as reported by the Vindicator.
A huge thanks goes to each of you for all the calls and tweets that sent to the governor. You stayed active, dedicated, and strong right until the final moments.
You are wonderful advocates for our animal friends.
Governor Kasich and the legislators that VOTED YES on SB 331 did not listen to us. The bill moved very quickly through the legislature and then to the governor. Interested parties were not included in all of the discussions. It was not properly vetted.
Governor Kasich and the legislators who voted yes have failed us and the animals that we love.
There are some 22 states have passed “Puppy Lemon” laws and 206 jurisdictions across the nation that have passed pet store ordinances, aimed at drying up the market for mill animals.
Why has Ohio moved so quickly in the OPPOSITE direction?
Petland could continue to stay in business utilizing a humane, business model, as other successful, national, pet stores use.
Finally, the governor and the Statehouse majority have stomped ‘home-rule’, embedded in the Ohio Constitution. The same legislators that cry “No more big government”, always bristling at interference from the federal government, have dishonored the work and the judgement of local jurisdictions and have taken away some of their legal rights with the passage of SB 331.
How did YOUR STATE SENATOR and YOUR STATE REP vote? A YES VOTE means they are in support of SB 331. A NO VOTE means they are opposed to SB 331.
Ohio Senate Vote – December 7, 2016
Yeas : 21 – Nays : 10
Kevin Bacon (R), Troy Balderson (R), Bill Beagle (R), Dave Burke (R), Bill Coley (R), John Eklund (R), Keith Faber (R), Bob D. Hackett (R), Cliff Hite (R), Jay Hottinger (R),Shannon Jones (R), Kris Jordan (R), Frank LaRose (R), Peggy Lehner (R), Gayle Manning (R),Larry Obhof (R), Scott Oelslager (R), Tom Patton (R), Bob Peterson (R), Bill Seitz (R), Joe Uecker (R), Bob D. Hackett (R)
Edna Brown (D), Randy Gardner (R), Lou Gentile (D), Tom Sawyer (D), Joe Schiavoni (D), Michael J. Skindell (D), Charleta B. Tavares (D), Cecil Thomas (D), Sandra R. Williams (D), Kenny Yuko (D)
Ohio House Votes – December 7, 2016
Yeas : 55 – Nays : 42
Ron Amstutz (R), Marlene Anielski (R), Niraj J. Antani (R), Steven Arndt (R), Nan A. Baker (R), John Becker (R), Louis W. Blessing III (R), Terry Boose (R), Andrew Brenner (R), Jim Buchy (R), Tony Burkley (R), Jim Butler (R), Margaret Conditt (R), Robert R. Cupp (R), Anthony DeVitis (R), Bill Dean (R), Jonathan Dever (R), Mike Dovilla (R), Theresa Gavarone (R), Timothy E. Ginter (R), Anne Gonzales (R), Wesley A. Goodman (R), Doug Green (R), Christina Hagan (R), David Hall (R), Bill Hayes (R), Michael Henne (R), Brian Hill (R), Ron Hood (R), Stephen A. Huffman (R), Candice R. Keller (R), Kyle Koehler (R), Al Landis (R), Ron Maag (R), Nathan H. Manning (R), Robert McColley (R), Derek Merrin (R), Dorothy Pelanda (R), Rick Perales (R), Bill Reineke (R), Wes Retherford (R), Kristina Roegner (R), Mark J. Romanchuk (R), Speaker Cliff Rosenberger (R), Scott Ryan (R), Tim Schaffer (R), Gary Scherer (R), Kirk Schuring (R), Marilyn Slaby (R), Ryan Smith (R), Robert Sprague (R), Louis Terhar (R), Andy Thompson (R), Ron Young (R), Paul Zeltwanger (R)
Nickie J. Antonio (D), Mike Ashford (D), John Barnes, Jr. (D), Heather Bishoff (D), John Boccieri (D), Kristin Boggs (D), Kevin Boyce (D), Janine R. Boyd (D), Thomas E. Brinkman, Jr. (R), Nicholas J. Celebrezze (D), Jack Cera (D), Kathleen Clyde (D), Hearcel F. Craig (D), Michael F. Curtin (D), Denise Driehaus (D), Mike Duffey (R), Teresa Fedor (D), Cheryl L. Grossman (R), Stephen D. Hambley (R), Stephanie D. Howse (D), Greta Johnson (D), Christie Bryant Kuhns (D), Stephanie Kunze (R), Sarah LaTourette (R), David Leland (D), Michele Lepore-Hagan (D), Michael J. O’Brien (D), Sean O’Brien (D), Bill Patmon (D), John Patterson (D), Debbie Phillips (D), Alicia Reece (D), Jeffery S. Rezabek (R), John M. Rogers (D), Margaret Ann Ruhl (R), Michael Sheehy (D), Stephen Slesnick (D), Kent Smith (D), Fred Strahorn (D), Martin J. Sweeney (D), Emilia Strong Sykes (D), A. Nino Vitale (R)
SB 331 also OVERTURNS the pet store ordinances already in effect in Toledo and Grove City and STOPS other, Ohio jurisdictions from passing future pet store ordinances.
Please send a RESPECTFUL tweet, expressing disappointment in the passage of SB 331. I know that many of you are angry, hurt, and fed up. This bill is not fair to our puppies, our families, and our workers. Yet, your message will not be well received unless it is POLITE.
You may tweet these phrases, or you might want to tweet your personal message.
#SB331stompshomerule 22 states & 205 jurisdictions protect unsuspecting consumers – Why not Ohio?
#SB331stompshomerule OH Gov Kasich fails workers, families, & puppies
#SB331stompshomerule fast-tracked without proper vetting hurts OH workers, consumers, puppies
Is Ohio HOME RULE state (Statehouse said yes on BSL bill) or not (Statehouse said no on Petland bill)?
Would you like to create a Twitter account? It is free. You can set up an account in a few easy steps. Ask a teenager for help if you need support.
I went down the entire Twitter list here on this page in just 2 minutes, tweeting to all.
Yes, you can use your e-mail address (instead of your telephone number).
@ — John Kasich, governor
@ — John Kasich, communication team
@ — Ohio Senate GOP Caucus
@ — Ohio Senate Dem Caucus
@ — Ohio House GOP Caucus
@ — Ohio House Dem Caucus
@ — Columbus Dispatch, politics
@ — Cincinnati Enquirer
@ — Jeremy Pelzer, Cleveland Plain Dealer
@ — David Skolnick, Youngstown Vindicator
@ — Marc Kovac
@ — Thomas Suddes
@ — Alan Johnson, Columbus Dispatch
@ — Alan D. Miller, editor at Columbus Dispatch
Add your own hometown newspaper.
Call Governor Kasich at 614-466-3555.
https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-SB-331 (Read SB 331 here.)
Winter is bearing down hard. Please check on your elderly and handicapped neighbors, who live alone, as well as animals who may be abandoned. Make sure that they are safe and warm.
Cincinnati has an ordinance in place for outside dogs. The dogs may not be endlessly tethered between 10 PM and 6 AM, when the temperatures fall below 20 degrees, when there is an extreme weather advisory, and when no one is home.
The ordinance is enforced, because of the generosity of our Cincinnati Police Department. Please call a non-emergency number to politely report an animal in distress.
Kindly thank the Cincinnati police officers, who work under very stressful conditions to protect us and the animals we love!
Read the tethering ordinance at the link below.
Want to see chained dogs get some relief?
Is it legal in your community to abandon dogs to the backyard in both plummeting, winter temperatures and sweltering, summer heat?
Why not step up to see a tethering ordinance passed in your city?
Two, huge paws up!
Two, huge paws up to the many, proactive, Ohio communities that have already passed common sense legislation! Tethering ordinances exist in more than thirty-six, Ohio jurisdictions and more than twenty states.
Most of the Ohio ordinances are based on the Cleveland ordinance, linked here.
Three jurisdictions in Hamilton County, where I live, have tethering laws. The Cincinnati, tethering ordinance is enforced by the Cincinnati Police Department.
Columbia and Anderson Townships both have tethering resolutions, enforced by the Hamilton County Sheriff.
IMPORTANT – The SPCA Cincinnati does not enforce the tethering laws. SPCA enforces state law. There is no mention of “tethering” in Ohio law. So, do not call the SPCA about a chained or tethered dog.
Common, tethering ordinances do not allow the animal to be tied outside in extreme weather, between 10 PM – 6 AM, and when the owner is not home.
Please note that Ohio counties cannot pass a tethering ordinance. Each jurisdiction within the county must pass the ordinance on its own.
Promoting Public Safety
Tethering ordinances are good for both our animals and our communities. They are common sense requirements for the endlessly tethered dogs, who lead lives of frustration, loneliness, and boredom. Tying the animals without relief encourages the dogs to be defensive of their small territory.
The ordinances also promote safeguards for people, particularly children, who may wander into the dog’s area and encounter a dog poised to defend his small space. CDC reports that a tethered dog is 3 times more likely to bite. Children under 12 are 5 times more likely to be bitten by a dog.
Animal cruelty is powerfully connected to interpersonal violence and some, untreated, mental illness. The animal abuse and extreme neglect can be a red flag that others in the area (children, elders, partners) are also in danger.
Contributing to Quality of Life
Tethered dogs are often the source of community nuisance. They bark, howl, and whine continuously in their neighborhoods. Needless tension and ongoing conflicts arise among neighbors over those annoying cries at all hours.
Yards and city lots with scruffy dogs tied to a stake, that often use old, worn out cars or rusted barrels as their shelter, are unsightly. They add to urban blight.
Encouraging Humane Treatment of Animals
Dogs suffer physically and psychologically. Endlessly tethering a dog out back, with no social interaction, with no relief from habitual pacing in a small area, with no protection from extreme weather – is unconscionable.
Dogs on tethers can be injured or killed. They get tangled around a tree, a pole, or a bush. They can hang themselves on a fence. Their collars can become too tight or embedded in their necks.
Our laws should reflect our community values. Cincinnati, where I live, is a place where people care about their next-door neighbors – human and canine – and their fifty-two neighborhoods. They want to live in healthy, vibrant, and top-notch communities, where families and their animals are safe, respected, and well-treated.
WHAT YOU CAN DO:
Copy the Cleveland and Columbus ordinances, linked above. Read and share them with friends, who will go with you to talk to your mayor or trustee.
Call you mayor or trustee to make an appointment to talk to him about how a tethering ordinance can be passed where YOU live.
E-mail him links to the Cleveland and Columbus ordinances so he will have sample legislation to work from.
Don’t be nervous about talking to your mayor. He will not expect you to be an animal law attorney. He knows just what to do to get such an ordinance passed. Once he agrees that a tethering ordinance is a good idea, he will carry it forward for you.
Need help? PM me, Beth Sheehan, or J.D. Cooke on FB.
Check out Jason’s FB page, Unchain Ohio, at the link.
Let’s unchain outside dogs!
Today, I am Ohio. I am shocked at what happened in Arizona this year. I am chilled at what is happening right now in Ohio.
A rotting stink is slowly wafting across the nation. It’s not just the usual, rising stench of the 10,000 mills with puppies and kittens, endlessly crated, lying in their own waste. This nasty odor starts in Arizona. A bill was signed this spring into law by Arizona Governor Ducey. This new state law, allowing pet stores to sell animals from large-scale breeders (AKA “puppy mills”), trumps and VOIDS ordinances already in effect in the cities of Tempe and Phoenix, and finishes off the proposed ordinance in Tucson. These three cities had independently legislated that they would only allow shelter and rescue dogs to be sold in pet stores. The state legislature decided otherwise for them.
The new law also STOPS other Arizona jurisdictions from passing such ordinances in the future.
Arizona’s initiative is larger than the mill animals being sold in pet stores. Please note that there are some 18, Arizona state bills that aim to trump local ordinances.
Additionally, there is a state bill that intends to withhold state funds from jurisdictions that want to pass local ordinances that do not line up with the Arizona legislature’s proposals.
Two, fast-tracked, Ohio bills
This same rotten funk is now hovering over Ohio. Two bills are being fast-tracked at the end of the legislative session against the will of Ohioans and against “home rule”, embedded in the Ohio Constitution.
Two years ago, Toledo passed an ordinance, banning the sale of mill animals in pet stores. Grove City passed this same ordinance in March.
So, Petland pushed back hard. First, it sued Grove City Council because it not want the local ordinance. Then, Petland, whose international headquarters is in Chillicothe, approached Senator Bob Peterson (R) of Chillicothe, to sponsor state legislation similar to Arizona’s.
SB 331, sponsored by Senator Peterson (R) moved through committee and passed a full Senate vote in about a week, lightning speed. Amendments are expected to be added this week. A full House vote is expected to pass SB 331 this week, the last week of the General Assembly.
These bills are not good for mill animals, where profit stomps puppies, and not good for unsuspecting, pet owners. Additionally, the passage of these initiatives does not bode well for the passage of future, animal welfare legislation in Ohio. These bills must be stopped.
What can you do to stop these bills from being enacted? Call Speaker Rosenberger’s office (614) 466-3506 today to RESPECTFULLY oppose SB 331, Dog Sales in Pet Stores!
You might say, “Good morning! This is (your name) from (your city). I am calling to ask Speaker Rosenberger to use his authority as Speaker of the Ohio House to oppose SB 331, Dog Sales in Pet Stores.
“SB 331 is not good for Ohio animals, families, or communities. It perpetuates the inhumane treatment of animals by large-scale breeders. It does not protect unsuspecting families, who buy pet store animals that often have enormous medical and behavior problems. It stomps ‘home rule’, embedded in the Ohio Constitution. Ohio jurisdictions know what their own community values are, and are capable of legislating accordingly.
“Most states across the nation are moving in the OPPOSITE direction. Their pet stores use the successful business model of selling pets from shelters and humane agencies, not large-scale breeders.
“Thank you for using your leadership to protect Ohio animals, families, and communities by OPPOSING the passage of SB 331!”
Bestiality Must Be Outlawed
Bestiality makes us very uncomfortable. It is too hard to talk about, even with our families. It involves the unspeakable. It is one of our last taboos, boiling beneath the surface of our well-ordered communities.
But it is an outlier of deviant behavior so extreme that it must be banned. It is a marker of a seriously disturbed mind. It is clear sign of a combustible danger, hidden from our immediate view.
Animals are the perfect victims. They are easy to restrain and control … and they can never tell. Animal casualties are often reported first by animal control or neighbors. A dog’s whimpering or a cat’s frenzy may finally attract the attention of a nearby-resident.
But there may be less visible victims, tyrannized, in a nearby house of suffering. The children, the partners, the elderly, the handicapped – they may also be ensnared in an endless web of fear and pain.
Children and animals often appear together as easy victims of prey. For example, when law enforcement agencies confiscate the computers of trolls of child pornography, there is generally a trove of bestiality photos and videos also stored on those, same devices.
The FBI recognizes the importance of sexual animal abuse as an strong indicator of human crimes. In January of 2016, the FBI began, for the first time, to require the 18,000, local and state, law enforcement agencies to report animal cruelty in a stand-alone category, “crimes against society”.
Bestiality is a warped, vile act. It can be a powerful precursor of sexual homicide predators. It is also practiced by violent criminals, sex offenders, and the sexually abused.
Bestiality has health risks too. Animals can carry and transmit human, sexual diseases, bacterial or parasitic infections, as well as cancer-causing viruses.
WHAT YOU CAN DO
SB 195, “Bestiality”, has a hearing for all testimony on November 30, 2016. Please call the leadership of the Senate Criminal Justice Committee in support of SB 195.
Sen John Eklund, chair (614) 644-7718 firstname.lastname@example.org
Sen Jim Hughes, vice-chair (614) 466-5981 email@example.com
Sen Cecil Thomas, ranking minority member (614) 466-5980 firstname.lastname@example.org
Sample script follows. Please tweak it a bit. Your original words make a larger impact in Columbus. Also, calls are count for more because they require an aide to fully listen. E-mails can be quickly scanned. – However, if you only have time for e-mails, thank you for your work!
“Good morning, Chair Eklund. This is (your name) from (your city). I strongly encourage you to move SB 195, “Bestiality”, to a vote and then VOTE YES. Bestiality remains legal in about a dozen states, including Ohio. Bestiality is a twisted, violent act, well connected to other predatory acts and highly correlated to pedophilia. It is well documented that the seized computers of pedophillacs generally contain both child sexual victims and animal sexual victims.
“Bestiality must be outlawed and then prosecuted to its fullest. The successful prosecution of bestiality will save a lifetime of heartache and expenses for those children and their families who also fall prey to the same sinister individuals.
“Again, I encourage you to bring SB 195, “Bestiailty”, to a vote and then to VOTE YES to protect our communities, our children, and our animals from sexual violence.”
Does it matter to you that some dogs are outside year round without the protection of a decent shelter during extreme temperatures and in hazardous weather? These animals may also be tied to a tree or chained to a stake. Here is the shocking story, written by a compassionate friend, of one Cincinnati dog, Grace, and her pups.
“In the winter of 2010 we rescued a female dog and her 8 week old pup from a residence in Cincinnati, Ohio. ‘Grace’ had lived her entire life tied to a tree with absolutely no shelter from the frigid winter or blazing heat of the summers and with very little food. The winter she was rescued, she had had six puppies and five of those puppies died from exposure, frozen solid to the ground, before anyone got involved. Grace somehow managed to keep one puppy alive. We named him Willy. When we rescued Grace and Willy they were sick and totally emaciated. They would not have survived another night in the frigid winter weather. It is hard to imagine what life was like for Grace, and even harder to imagine how she survived giving birth while tied to a tree in the freezing cold of winter with no shelter.”
Have you got five minutes at home each week to give to help outside dogs? Then, please join Paws and the Law today. PM Beth Sheehan to get started.
Ohio can and should do better!
As I got out of my car at the strip mall, I was blasted by the thick, summer heat, now the fifth day in a row over ninety degrees. That dense, invisible heat wall weighed heavily on the day.
As I headed into the hardware store, I heard the persistent, muted barking of a small dog. I followed the sound to the other side of the parking lot. The pretty white terrier was alone in a car across the lot with the windows up, but the car was running. I walked over to see if he was okay. “Hi, pretty pupper! Are you feeling the heat too in there?” He seemed to be alert and lively.
I then headed for my errands in the hardware store. About forty-five minutes later, I had my errands completed. I exited the hardware store, again confronted by that oppressive heat wave. There was that plaintive, muffled sound again. “Oh no! That pupper is still barking!”
I couldn’t leave the area, knowing the dog was locked up in the car with that concentrated heat bearing down. So, I reentered the hardware store and asked if the clerk could put a message on the store loudspeaker about the white dog. No one responded to his announcement.
I then went next door into O’Malley’s bar to see if I could find the dog’s owner. The place was dark and cool with just a few people talking quietly together on stools along the bar. “Does anyone know who owns the white dog inside the blue Oldsmobile? He’s been barking for forty-five minutes outside.” No one answered me. “I was wondering if anyone in here owns the white dog outside in the car. I’m worried about the dog in this heat if the air conditioning fails.”
Without saying a word, one of the young men slid off his stool, walked past me outside to the Olds, and got inside of the car with the dog. The next thing the man did really stunned me. He turned off the motor, got out of the car, locked the car door, and strode back into the bar. Now, the dog for sure had no air conditioning. The windows were all up tight.
That man was going to show me what he thought of my concern.
“Please get that dog out of that hot car. He won’t live in the closed car with this heat wave.” The man continued talking to his girlfriend, ignoring me.
Just this week, on July 1, 2015, Tennessee’s new amendment to its Good Samaritan law went into effect. This measure allows people to break into cars if an animal inside is at risk of suffering or death. This law is an extension of Tennessee’s Good Samaritan law that allows people to break into cars when a child inside is endangered. The law spells out the steps that the Good Samaritan must take, such as trying to locate the owner and calling law enforcement, in order to avoid civil liability for damages to the vehicle.
Tennessee has joined seventeen other states which have statutes that ban leaving animals in confined spaces, in extreme weather, without proper ventilation. Each state has its own statutes on who (police, peace officers, firemen, volunteer firemen …) is allowed to enter a vehicle to save the animal.
Would you like to such an ordinance passed where you live? In addition to laws in seventeen states, there are numerous jurisdictions throughout the nation that have similar, local ordinances. It’s easier to pass a local ordinance than to pass a state bill. Contact Beth Sheehan on Facebook today to see how you can get a local initiative started where you live.
Trust yourself. You can effect meaningful change in your city for outside dogs. With one phone call you can set a plan in motion to curb cruelty, neglect, and tethering where you live.
There are no Ohio, state laws in place right now to humanely address outside dogs, living in desperation and pain year round on chains and tethers. Many concerned people across Ohio are endlessly calling their local dog wardens, their police, and their sheriffs without success. State law simply requires “adequate” food, water, and shelter. “Adequate” generally keeps many dogs outside, in distress, subject to frostbite and hypothermia in winter, heatstroke in summer and a slow, frightening death, alone in their own backyards.
You can change this nasty situation where you live. Here’s a positive, doable plan for you to help outside dogs in your community.
First, organize a dedicated, small group of your friends to advocate for a new, animal ordinance where you live. Meet in a local coffee shop to share ideas and to review the Cleveland animal ordinance, a working model you can use.
Two excellent, common sense points in the Cleveland ordinance are that the dog cannot be tied outside if no one is home, nor can he be outside during a weather advisory.
Second, select a local council member to work with you. This person is crucial to the success of your ordinance. He will be doing most of the work to advance the ordinance. If he is “wishy-washy” about animals, your ordinance will not be successful.
Call your city hall today. Ask for an appointment to meet with the council member regarding improving your local, animal ordinance. Take Cleveland’s ordinance with you as a starting point.
If you feel you cannot organize and meet with your local city council, then share this blog with friends, who might be able to take that initiative for outside dogs.
Please join us today in making “backyard dogs” a footnote for Ohio, history books.
(Find Cleveland’s ordinance here. Cruelty to animals, shelter, tethering, weather are found at 603.09)
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 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 heat, cold, 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 division (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 and must provide for the safety and health of the animal in accordance with good animal husbandry standards for each specific animal.
(3) Carry or convey an animal in a cruel or inhumane manner.
(4) Keep animals 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 (28) 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) 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 is one in the county, township, or municipal corporation where the violation occurred.
(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 under 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.
(Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)
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, including confining an animal in a motor vehicle under any conditions that may endanger the well being of the domestic 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, including heat, cold, wind, rain, snow or excessive direct sunlight. If the animal is housed outside, a structure for shelter and protection must be provided that is suitable for the species, age, condition, size, and type of that animal. The structure must be completely enclosed and insulated, having a single entrance/exit secured with a flap or door or similar device. The structure shall be moisture-resistant, wind-resistant, and of suitable size and type to allow the animal to stand, turn about freely, lie in a normal position, and regulate proper body temperature. The structure shall be made of a durable material with a solid, moisture-proof floor and a floor raised at least two (2) inches from the ground. Suitable drainage shall be provided so that water cannot be reasonably expected to gather and stand within ten (10) feet of the structure, and so the animal has access to a dry area at all times. Proper bedding of straw or similar material, that remains dry, must be utilized inside the structure. All structures required by this section shall be subject to all building and zoning regulations.
(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. 1572-14. Passed 12-8-14, eff. 12-10-14)
603.092 Tethering Animals
(a) No person shall tether an animal in any of the following circumstances:
(1) For more than six (6) hours total in a twenty-four (24) hour period and not more than two (2) consecutive hours with no less than a one (1) hour period between tetherings;
(2) Between the hours of 10:00 p.m. and 6:00 a.m.;
(3) If a heat or cold advisory has been issued by a local or state authority or the National Weather Service;
(4) If a severe weather warning has been issued by a local or state authority or the National Weather Service;
(5) If the tether is less than twenty (20) feet in length;
(6) If the tether allows the animal to touch the fence or cross the property line or cross onto public property;
(7) If the tether is attached by means of a pinch-type, prong-type, or choke-type collar or if the collar is unsafe or is not properly fitted;
(8) If the tether may cause injury or entanglement;
(9) If the animal is not provided with its needs as identified in division (b) of Section 603.091;
(10) If the tether is made of a material that is unsuitable for the animal’s size and weight or that causes any unnecessary discomfort to the animal;
(11) If no owner or occupant is present at the premises.
(b) As used in this section, “tether” means a rope, chain, cord, dog run or pulley, or similar restraint for holding an animal in place, allowing a radius in which it can move about.
(c) Whoever violates this section is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the first degree on the third or any subsequent offense. Notwithstanding the foregoing penalties, if an animal becomes sick or injured as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree.
(Ord. No. 12-12. Passed 5-21-12, eff. 5-25-12)
Questions? PM Beth Sheehan