Tag Archives: shelter

Bills and Ballot Initiative in the 132nd Ohio General Assembly

BILLS

1.  HB 226 – “Fireworks” aims to make higher grade fireworks more    accessible      

     OPPOSE

  • sponsors – Rep Bill Seitz (R), Rep Martin Sweeney (D)

  • cosponsors –  Rep Bill Dean (R), Rep John Becker (R), Rep Andy Thompson (R), Rep Wesley Goodman (R), Rep Dick Stein (R), Rep Bill Reineke (R), Rep Louis Blessing (R), Rep Kyle Koehler (R)

  • Fireworks terrify many dogs.  They panic and run away to get away from the explosions.  Shelters fill up with lost dogs after July 4 each year.

  • Woodland animals flee and abandon their nests.

  • Ohio has 800,000 veterans. Veterans with PTSD, sadly, relive the trauma of war when they hear the thunder of fireworks.

  • Individuals with dementia and autism are frightened by the sounds.

  • 120 Ohioans go to ER each year with injuries.  They lose limbs and are blinded. Their homes are set on fire.

  • https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA132-HB-226 (Read the bill here)
  • status – PASSED OHIO HOUSE, 84-13  on 10/13/17

  • http://www.dispatch.com/opinion/20170919/editorial-new-bill-is-bad-medicine (Dispatch – “Dangerous Fireworks Bill Should Fizzle”)

 

  • http://www.dispatch.com/news/20171011/those-fireworks-youve-been-setting-off-may-finally-be-legal-in-ohio (Dispatch article)

 

2.  HB 263 – “Pups on the Patio”, aims to allow dogs on outdoor patios of restaurants

     SUPPORT

      sponsor – Rep Laura Lanese (R)

  • Restaurant owner must agree.  Patio must have its separate entrance.   Dogs are not permitted on the chairs or tables. Dog clean-up bags will be available. 
  •  https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA132-HB-263 (Read the bill here)

3.  HB 319 – “Shelter Dog as State Pet”

     SUPPORT

      sponsor – Rep Laura Lanese (R)

  • https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA132-HB-3194 (Read the bill here)

4. HB 433 – “Veterinary Spay-Neuter”

      SUPPORT

  • sponsors – Reps Tom Brinkman (R) and Brigid Kelly (D)

  • author – DanaMarie Pannella, Esq.

  • This House bill and its companion bill, SB 232 in the Senate, give Ohio veterinarians the OPTION (not mandate) of using 2 CEU’s for FOUR HOURS of FREE SPAY-NEUTER.

4.  SB 195 – “Nuisance, Dangerous, and Vicious Dogs”

     INTERESTED PARTY

  • sponsor – Sen Bill Beagle

  • https://www.legislature.ohio.gov/legislation/legislation-documents?id=GA132-SB-195 (Read the bill here)

5.  SB 232 – “Veterinary Spay-Neuter”

      SUPPORT

  •    sponsor – Sen Cecil Thomas

  •   cosponsors – Sens Charleta Tavares, Joe Schiavoni, Kenny Yuko

  • author – DanaMarie Pannella, Esq.

  •   status – assigned to Senate Agriculture Committee – 11-15-2017

  • This Senate bill and its companion bill, HB 433, in the House, give Ohio veterinarians the OPTION (not mandate) of using 2 CEU’s for FOUR HOURS of FREE SPAY-NEUTER.

  •  https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA132-SB-232 (Read the bill here)

PUPPY MILL BALLOT INITIATIVE 

     SUPPORT

  • HSUS initiative
  • aims to increase the standard of care in the kennels of large-scale breeders

  • applies to breeders with eight or more unspayed females and annual sales of more than 15 dogs

Will you be an advocate for outside dogs in your community?

Want to be a champion for chained dogs?

Is it legal in your community to abandon dogs to the backyard in both plummeting, winter temperatures and sweltering, summer heat? 

Why not take initiative where you live to see a tethering ordinance passed? 

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. 

http://library.amlegal.com/nxt/gateway.dll/Ohio/cleveland_oh/cityofclevelandohiocodeofordinances?f=templates$fn=default.htm$3.0$vid=amlegal:cleveland_oh  

(Cleveland ordinance)

https://columbus.legistar.com/LegislationDetail.aspx?ID=3154969&GUID=A4FB5290-B19C-4FC4-8DC1-935C900C77A5&Options=ID|Text|&Search= 

(Columbus ordinance)

The Cincinnati, tethering ordinance was passed and went into effect on October 12, 2016. It is enforced by the Cincinnati Police Department. 

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.

Often, these ordinances are quickly passed because dedicated city leaders understand the importance not only of protecting their animals, but also safeguarding their residents against nuisance and aggressive behavior, associated with endlessly chained animals. 

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.

I strongly urge you to call your city council or township trustees TODAY to get a tethering ordinance passed where you live.

Need help?  PM me, Beth Sheehan, or J.D. Cooke on FB. 

Check out Jason’s FB page, Unchain Ohio, at the link.

https://www.facebook.com/unchainohio/?fref=nf

Let’s unchain outside dogs!

Can you give 10 minutes a week to curb animal cruelty & neglect?

Newark, Ohio City Council voted to ban BDL!

When Newark passes an ordinance to protect its dogs and to safeguard its community, dogs and their families across the nation also gain.  Awareness grows.  Momentum increases.

Do you have 10 minutes each week to curb animal cruelty and neglect?   Please  join Paws and the Law’s humane community.  We work together across Ohio to advance state and local initiatives.   Your part is easy.  You can even work from the comfort of your home.  

Paws and the Law closely follows legislative initiatives for companion animals. When a critical point, like a hearing or a vote is about to happen, you will receive contact information for important decision makers and a sample script.  You, of course, can use your own narrative.   Can you give 10 – 15 minutes a week, working from home, to work against animal cruelty?

If so, PM Beth Sheehan with your e-mail address today.

A list of the current, companion animal bills in the Ohio General Assembly follows.  Most of our bills languish and die in the Ohio Senate.  The 131st General Assembly ends on December 31, 2016.  All bill not passed then, will have to be reintroduced in the next GA.

But if we all do whatever we can, where we are, together we will be an awesome force for good for our beloved cats and dogs.

BILLS in the 131st GENERAL ASSEMBLY

1.  HB 45 – Humane Officer Training          SUPPORT

Sponsor: 

Cosponsors: Representatives Jack Cera,  Michael Stinziano,  Debbie Phillips,  Sean O’Brien,  Cheryl Grossman, Michele Lepore-Hagan

Status – Local Government Committee

Summary – “to require an individual to file proof of successful completion of training with the county recorder prior to being appointed as a humane society agent and to require the revocation or suspension of an appointment under certain circumstances”

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-HB-45  (Read HB 45 here.)

(NOTE –  The humane officer has 20 hours of special training in how to approach and to analyze an animal crime scene. Additionally, HB 45 gets rid of the residency requirement.  Right now a humane officer can only work in the county in which he lives.  By getting rid of the residency requirement, the same amount of officers can spread out to additional counties to investigate animal cruelty.

Finally, many, Ohio counties, especially rural ones, have no humane officer.)

2.  HB 60 – “Goddard’s Law”, felony for animal cruelty – ENACTED

(NOTE – Read linked blog for an explanation of possible, unintended consequences of amendment.   http://pawsandthelawblog.com/?p=373 )

Sponsors: Representatives Bill Patmon  and David Hall

Cosponsors:  Representatives Nickie J. Antonio, Tim W. Brown, John Patterson,  Marilyn Slaby, Sarah LaTourette, Cheryl Grossman, Janine R. Boyd, Jack Cera, John Barnes, David Leland, Michele Lepore-Hagan, Debbie Phillips, Michael Sheehy, Mark Romanchuk,  Louis W. Blessing, Margaret Ann Ruhl, Marlene Anielski, Mike Ashford, Nan Baker, Nicholas J. Celebrezze, Mike Dovilla, Denise Driehaus, Teresa Fedor, Bob Hackett, Stephen Hambley,   Michael Henne, Stephanie D. Howse, Greta Johnson, Terry Johnson, Michael O’Brien, Sean O’Brien, Dorothy Pelanda,  Dan Ramos, John Rogers, Kirk Schuring, Barbara Sears, Stephen Slesnick, Kent Smith, Marting Sweeney   

Summary – “to revise provisions and penalties regarding treatment of companion animals, to revise the definition of “companion animal” in the Offenses Relating to Domestic Animals Law, and to provide a state collaborative effort to assist veterinarians in identifying clients who may use their animals to secure opioids for abuse”

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-HB-60  (Read HB 60 here.) 

(NOTE – HB 60, “Goddard’s Law”, felony for animal cruelty, is the next step for Ohio after “Nitro’s Law”. I’d like to explain felony for animal abuse in Ohio right now.  MOST animal abuse is a misdemeanor in Ohio.  There are two, specific times when animal abuse is a felony.  First, the SECOND TIME that an offender is convicted of animal cruelty, it is a felony.  The first time that offender is convicted it is a misdemeanor.    Second, if an animal “in the care of a kennel” is intentionally harmed by the manager, the owner, or the employees, it is a felony.  This is “Nitro’s Law”.

Additionally, Ohio judges are mandated to seek community sanctions (no jail) for certain nonviolent offenders because of prison overcrowding.  Animal abusers are considered by law to be nonviolent.

So, at sentencing, the animal abusers often end up with no jail time, a fine, AND they get their animal back.)

3.  HB 94 – Cruelty, Neglect, and Tethering          SUPPORT

Sponsor: Representative John Barnes, Jr.

Cosponsors: Representatives Mike Duffey,  Michele Lepore-Hagan,  Margaret Ruhl

Status – House Agriculture & Rural Development Committee, 1st hearing

Summary – “to prohibit a person from negligently allowing an animal to be tethered outdoors under specified circumstances”

(NOTE – HB 94 protects animals from being endlessly chained outside in extreme weather.  It also gives specification to the type of shelter the outside dogs need. So, for example,  it’s not “adequate shelter” to have a dog in a plastic igloo in plummeting temperatures.)

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-HB-94  (Read HB 94 here.)

 4.  HB 121 – Service Dog Awareness Week – ENACTED

Sponsors:  Representatives Michael Stinziano  and Margaret Ann Ruhl

Cosponsors: Representatives Ron Amstutz, Nicholas Celebrezze, Michele Lepore-Hagan, Debbie Phillips, Jeffery Rezabek, Ronald V. Gerberry, Cheryl Grossman, Bob Hackett, Stephen Slesnick, Martin Sweeney, Sarah LaTourette, Nickie J. Antonio, Nan A. Baker, Andrew Brenner, Thomas E. Brinkman, Tim W. Brown, Jim Buchy, Hearcel F. Craig, Robert R. Cupp, Timothy  Derickson, Denise Driehaus, Teresa Fedor, Timothy E. Ginter, Christina Hagan, David Hall, Stephen Hambley, Brian Hill, Greta Johnson, Terry Johnson, Christie Bryant Kuhns, Stephanie Kunze, Al Landis, David Leland,  Michael O’Brien, Sean O’Brien, Rick Perales, Dan Ramos, John Rogers, Mark Romanchuk, Tim Schaffer, Barbara Sears, Michael Sheehy, Marilyn Slaby, Kent Smith, Robert Sprague, Emilia Strong Sykes, Ron Young

Summary – “to designate the last week of July as ‘Service Dog Awareness Week’”

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-HB-121(Read HB 121 here.)  

(NOTE – HB 121 highlights the unique skills a service animal provides to his owner so that the owner is able to become more independent and mobile in his own life.  It also informs business owners of the rights the service animal and his owner have when they enter their places of business.)

5.  HB 187 – First Responders May Give First Aid to Pets  – ENACTED

Sponsor: Representative Timothy Ginter

Cosponsors: Representatives Sarah LaTourette, Blessing III, Schaffer, Vitale, Michele Lepore-Hagan, Margaret Ruhl, Becker, Steve Hambley

Summary – “to authorize a first responder, emergency medical technician-basic, emergency medical technician-intermediate, emergency medical technician-paramedic, or volunteer firefighter to stabilize an injured animal in an emergency”

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-HB-187  (Read HB 187 here.)

(NOTE – HB 187 clearly defines what first responders may do on behalf of our pets in a crisis, such as a fire or a car accident.  They may provide oxygen to a stressed animal or a splint to his injured leg before the animal goes to a veterinarian.)

6.  HB 198 – Special Prosecutors         OPPOSED

(NOTE – Read linked, opponent testimony of Matt Ditchey, representative of eight, Ohio grassroots groups.  http://pawsandthelawblog.com/?p=367)

Sponsors :  Representatives Steve Hambley and Greta Johnson

Cosponsors:

Summary – “to abolish the humane society’s authority to employ an attorney to prosecute certain violations of law dealing with animal cruelty or acts involving mistreatment or nonsupport of children”

Status: Referred to House Judiciary committee

Click here to view the full text of the bill as introduced in the House – > https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-HB-198

 7.  HB 215 – Animal Fighting          SUPPORT

Sponsors: Representatives Barbara Sears and Heather Bishoff

Cosponsors: Representatives Cheryl  Grossman,  Brian Hill,  Steven  Kraus, Sarah LaTourette,  David Leland,  Robert McColley,  Debbie Phillips,  Michael Sheehy, Michael Stinziano

Summary – “to prohibit and establish an increased penalty for knowingly engaging in activities associated with cockfighting, bearbaiting, or pitting an animal against another”

Status – Passed out of House in February of 2016 

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-HB-215  (Read HB 215 here.)

8.  House Bill No. 278 – County Humane Societies – OPPOSE

Sponsor: Representative Steve Hambley 

Summary – “to require approval by the board of county commissioners, instead of the probate judge, of appointments of agents by county humane societies outside a municipal corporation, to specify that a county humane society is a political subdivision, to make its directors, agents, officers, and employees subject to the Ethics Law, and to increase the salaries paid to the agents.”

Status: Referred to Government Accountability and Oversight Committee 

https://www.legislature.ohio.gov/legis…/legislation-summary…

(Read HB 278 here.)

9.  House Bill No. 447 – Killing Police Animal 

Sponsors: Representatives Kirk Schuring and Stephen Slesnick 

Summary – to prohibit a person from intentionally killing a police dog or horse in the line of duty.

Status: Referred to State Government committee

https://www.legislature.ohio.gov/legis…/legislation-summary…

(Read HB 447 here.)

10.  House Bill 450 – Officer May Purchase His Police Animal 

Sponsors: Representatives Andy Thompson and Dave Hall 

Summary – to authorize a law enforcement officer to purchase a police dog or horse for one dollar when the officer retires in good standing from a law enforcement agency 

Status: Referred to State Government Committee

https://www.legislature.ohio.gov/legis…/legislation-summary…  

(Read HB 450 here.)

11.  HB 573 – Dogs Sold in Pet Stores –  OPPOSE

12.  SB 151, “The Klonda Richey Act”           INTERESTED

Sponsor:   Senator Bill Beagle

Cosponsor: Senator  Peggy Lehner

Summary – “to define  nuisance, dangerous, and vicious dogs, to revise enforcement of that Law, and to establish a notification process regarding complaints of certain violations of that law”

Status –  State and Local Government Committee

https://www.legislature.ohio.gov/legislation/legislation-summary?id=GA131-SB-151 (Read SB 151 here.)

13. Senate Bill No. 195 – Bestiality – INTERESTED

Sponsors: Senators Jim Hughes and Sen. Jay Hottinger 
Cosponsors: Senators Kenny Yuko, Frank LaRose, Sandra R. Williams

Summary – “to prohibit a person from engaging in sexual conduct with an animal and related acts, to provide for the seizure and impoundment of an animal that is the subject of a violation, and to authorize a sentencing court to require an offender to undergo psychological evaluation or counseling.”

Status: Referred to Criminal Justice committee

 https://www.legislature.ohio.gov/legis…/legislation-summary…

(Read SB 195 here.)

14.  SB 215 –  “Good Samaritan” –  ENACTED

Sponsors: Senators Jim Hughes and Frank LaRose

Cosponsors: Senators  Joe Uecker, Kevin Bacon, Bill Beagle, Dave Burke, Bill Coley, Randy Gardner, Cliff Hite, Jay Hottinger, Shannon Jones, Kris Jordan, Peggy Lehner, Gayle Mannning, Larry Obhof, Tom Patton, Tom Sawyer,  Joe Schiavoni, Charleta B. Tavares, Cecil Thomas, Kenny Yuko 

Summary – to allow individuals to rescue a pet or a child in danger in an unattended vehicle without liability

https://www.legislature.ohio.gov/legislation/legislation-votes?id=GA131-SB-215  (Read SB 215 here.)

15. Senate Bill 271 – Purchase Police Animal – INTERESTED

Sponsor: Sen. Lou Gentile 

Summary – “to authorize a law enforcement officer to purchase a police dog or horse for fair market value when the officer retires in good standing from a law enforcement agency and certain conditions are met.”

Status: Referred to Agriculture Committee
 
 https://www.legislature.ohio.gov/legis…/legislation-summary…

17. Senate Bill 286 – Killing Police Animal – INTERESTED

Sponsor: Sen. Jim Hughes 

Summary – “to modify the penalty for assaulting a police dog or horse to require, if the dog or horse is killed, a mandatory prison term and a mandatory fine to be paid to the law enforcement agency served by the dog or horse.”

Status: Passed out of House committee 

https://www.legislature.ohio.gov/legisl…/legislation-status…

18.  SB 331 – Dogs Sold in Pet Stores –  OPPOSE

Status: Voted out of Senate

 

 

 

 

 

Trust yourself. You can make meaningful change against cruelty, neglect, and tethering.

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.

http://www.city.cleveland.oh.us/CityofCleveland/Home/Government/CityAgencies/PublicSafety/Divisionof%20CityKennels/Kennel_Legislation

(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