ORDINANCE REGULATING ANIMALS AND PROHIBITING ANIMAL NUISANCES WITHIN THE VILLAGE OF KILLBUCK, AND DECLARING AN EMERGENCY
WHEREAS, the Village of Killbuck has received many complaints from Village
residents as to animals causing nuisances, including unsanitary and unsafe conditions on private property; and
WHEREAS, the purpose of this Ordinance is to permit the keeping of certain animals in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe.
NOW THEREFORE, BE IT ORDAINED y the Council of the Village of Killbuck, Ohio, two thirds or more of the members elected thereto concurring that:
SECTION 1: GENERAL PROHIBITION ON ANIMALS
(a) Except as otherwise provided in this Ordinance, no person shall keep or maintain any animal, including but not limited to horse, cattle, swine, sheep, llamas, alpacas, goats, turkeys, roosters, geese, chickens, rabbits, and exotic animals, within the Village. Each day such violation continues is a separate offense.
(b) The keeping of any prohibited animal within the Village shall be an offense against the public health and safety of the Village and the residents and constitutes a public nuisance.
(c) “Pocket pets” may be kept or maintained within the Village. “Pocket pets” means small pets such as hamsters, gerbils, guinea pigs, small fish, and small reptiles.
(c) Rabbits and chickens may be kept or maintained in the Village only pursuant to a permit issued by the Mayor as set forth in Section 4 and Section 5 of this Ordinance. The cost of such a permit shall be one dollar ($1.00).
(e) No person shall keep or maintain any rabbit or chicken in the Village without a
permit issued by the Mayor. Each day such violation continues is a separate offense.
SECTION 2: DOGS
(a) Five or fewer dogs may be kept or maintained at a property within the Village.
(b) No person shall keep or maintain more than five dogs, excluding puppies less than six months old, at a property within the Village. Each day such violation continues is a separate offense.
SECTION 3: CATS
(a) Five or fewer cats may be kept or maintained at a property within the Village.
(b) No person shall keep or maintain more than five cats, excluding kittens less than six months old, at a property within the Village. Each day such violation continues is a separate offense.
SECTION 4: RABBITS
(a) The Mayor may permit a person to keep or maintain rabbits at a property within
the Village only for the purpose of the raising and maintenance of the rabbits in connection with 4-H Youth Programming.
(b) In connection with 4-H Youth Programming, the permit shall be limited to a specific property, a temporary time period, and a set number of rabbits, and it shall expire upon the completion of the 4-H Youth Program.
(c) Any rabbit kept or maintained in the Village pursuant to a permit issued by the Mayor shall be kept in a cage. Such a cage may not be located in front yard or side yard areas. The cage shall be covered and kept clean.
SECTION 5: CHICKENS
(a) The Mayor may permit a person to keep or maintain three or fewer chickens at a property within the Village for the purpose of personal use of the eggs of the chickens for dietary support.
(b) The Mayor may permit a person to keep or maintain chickens at a property within the Village for the purpose of raising and maintenance of the chickens in connection with 4-H Youth Programming.
(c) In connection with 4-H Youth Programming, the permit shall be limited to a
specific property, temporary time period, and a set number of chickens, and it shall expire upon the completion of the 4-H Youth Program.
(d) Any chicken kept or maintained in the Village pursuant to a permit issued by the Mayor must be kept in a cage or coop. Such a cage or coop may not be located in front yard or side yard areas. The cage or coop shall be covered and kept clean.
SECTION 6: RUNNING AT LARGE PROHIBITED
No person being the owner or having the charge of any animal shall permit the animal to run at large upon any public place, or upon any unenclosed lands or upon the premises of another. Each day such violation continues is a separate offense.
SECTION 7: NUISANCES PROHIBITED
(a) No person shall keep or harbor any animal within the Village of Killbuck so as to create noxious or offensive odors, excessive noise or unsanitary conditions which are a menace to the health, safety of the public, or otherwise permit the commission or existence of a nuisance as defined in this Ordinance. Each day such violation continues is a separate offense.
(b) Any animal which, by frequent and habitual barking, howling, or yelping, or in
any way or manner injures or disturbs the quiet of any person with the Village, is hereby
declared to be a nuisance. No owner or person having custody of such animal shall harbor or permit it to commit such nuisance. Each day such violation continues is a separate offense.
(c) No owner or person in charge of any animal shall fail to keep his or her property where he or she resides in a clean and sanitary condition by failing to promptly remove the defection of such animal(s), and the failure to do so is hereby declared to be a nuisance. Each day such violation continues is a separate offense.
(d) When any animal defecates on any public or private land within the Village, the owner or person in charge of the animal shall immediately clean such and cause its removal to a proper receptacle. For purposes of this section a proper receptacle is a receptacle in which the feces can be deposited without exposing the feces to outside air. Failure to immediately clean and/or remove any animal defecation shall constitute a nuisance. Each day such violation continues is a separate offense.
SECTION 8: APPLICATION OF SECTION
This Ordinance shall apply to all properties and animals existing upon the effective date of this Ordinance, whereupon any keeping of animals, and any structures, cages, and/or
coops used therefore, shall be discontinued or brought in conformity with this Ordinance within three (3) months of this Ordinance becoming effective.
SECTION 9: PENALTY
Whoever violates any provision of this Ordinance shall be fined not more than one hundred fifty dollars ($150.00) for a first offense, and for each subsequent offense shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty (30) days, or both.
SECTION 10: ADOPTION
It is found and determined that all formal actions of this Council concerning and
relating to the adoption of this Ordinance were adopted in an open meeting of this Council, and that all deliberations of this Council were in meeting open to the public, in compliance with law.
This Ordinance is hereby declared to be an emergency measure necessary for the
preservation of the public peace, safety, and welfare of the citizens of the Village of Killbuck, for the reasons stated in the preamble of this Ordinance. This Ordinance shall take effect and be in force from and after the earliest period allowed by law.
Passed at a regular meeting of the Killbuck Village Council duly convened with a quorum present this 15th day of March, 2021.
SIGNATURES ON FILE