Thursday, July 29, 2010

City of Dayton Animal Laws

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DIVISION 1. GENERAL PROVISIONS

Sec. 91.01. Definitions.
As used in this chapter, the following words and phrases shall have the meanings ascribed to them respectively, regardless of whether or not the words and phrases are capitalized:

Animal means all types of animals, other than human beings, both domesticated and nondomesticated.

At large means off the premises of the owner.

Dangerous dog means any dog, other than a police dog, which without provocation has a propensity to bite or cause physical harm to a person or pet.

Dog means any domesticated member of the canine species, male or female.

Exotic animal means any animal, including a hybrid offspring thereof, not indigenous to the State of Ohio.

Health officer means the Health Commissioners of the Montgomery County Combined Health District, or duly authorized representative.

Owner means any person owning, keeping, possessing, harboring, maintaining, or having the care, custody, or control of an animal.

Pet means an animal that has been adapted or tamed to live in intimate association with or for the pleasure or advantage of people and includes, but is not limited to dogs, cats, birds, rabbits, and hamsters. Pet does not mean any animal purposely kept as food.

Physical harm means any injury, illness or disease regardless of its gravity or duration.

Police dog means a dog owned by a law enforcement officer or agency and trained to assist in the performance of law enforcement duties.

Serious physical harm means any injury, illness or disease which includes a risk of death; or which requires hospitalization; or which involves some permanent or substantial temporary incapacity or disfigurement; or which involves prolonged or acute and substantial pain.

Unsecured means not securely confined indoors, or not securely restrained by means of a collar and chain, pen, fence, or similar physical device, and in such a manner which effectively prevents the animal from going beyond the premises of the owner.

Vicious animal means any animal, other than a dog, which without provocation kills or causes serious physical harm to a person or pet.

Vicious dog means any dog, other than a police dog, which without provocation kills or causes serious physical harm to a person or pet.

Wild animal means any animal, including a hybrid offspring thereof, which is not naturally tamed or domesticated.

Without provocation means that the animal was not teased, tormented, or abused by the person or pet it threatens or harms.
(Ord. 27109, passed 11-14-84; Am. Ord. 27563, passed 6-10-87; Am. Ord. 30389-04, passed 9-22-04)

Sec. 91.02. Cruelty to animals; abandonment.
(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 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 windbreak or sunshade that is developed from the earth's contour, tree development, or vegetation.
(3) Carry or convey an animal in a cruel or inhuman 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 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) 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 36 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. (R.C. § 959.13)
Cross references: Penalty, see § 91.99.

Sec. 91.03. Indecent exhibition of animals; breeding of animals.
No person shall indecently exhibit or cause the indecent exhibition of any stallion, ass, bull, boar, dog, ram or any other animal, or let, or cause to be let any animal, male or female, to an animal of the opposite sex for sexual intercourse, unless the same shall be in some enclosed place entirely out of public view.
Cross references: Penalty, see § 91.99.

Sec. 91.04. Sale of chicks restricted.
No person shall sell or offer for sale within the corporate limits of the city, baby chickens less than three weeks of age in lots of less than six chickens to a single sale.
(Ord. 14755, passed 8-30-33)
Cross references: Penalty, see § 91.99.

Sec. 91.05. Speed of horses on streets.
(A) No person shall ride or drive immoderately any horse or similar animal in or upon any of the streets, alleys, highways or commons of this city.
(B) "Immoderately" shall mean at a gait and in a manner which under all the circumstances of the case reasonably may be considered dangerous to persons upon the highways or public places or places adjacent thereto.
(Ord. 12706, passed 12-30-25)
Cross references: Penalty, see § 91.99.

Sec. 91.06. Horses on sidewalks prohibited.
No person shall ride or drive any horse or similar animal upon any sidewalk or levee embankment within the city, except police officers in the performance of their official duties.
(Ord. 27924, passed 4-5-89)
Cross references: Penalty, see § 91.99.

Sec. 91.07. Prohibited animals.
(A) No person shall keep, possess, harbor, maintain, or have care, custody, or control of any of the following exotic or wild animals within the city:
(1) Any animal listed under the Endangered Species Act as threatened or endangered or listed on Ohio's Endangered Wildlife list;
(2) Any animal, the keeping of which is prohibited by state or federal law;
(3) Antelope, bison, deer, elk, and moose;
(4) Badgers, martins, minks, skunks, weasels, otters, and wolverines;
(5) Bats;
(6) Bears;
(7) Beavers, groundhogs, and porcupines;
(8) Coyotes, foxes, and wolves;
(9) Any cat of the familyFelidae, including by way of example and not by way of limitation lions, tigers, jaguars, leopards, cougars, and ocelots, except commonly accepted domesticated house cats;
(10) Any primate, including by way of example and not by way of limitation chimpanzees, gorillas, lemurs, and monkeys;
(11) Alligators, crocodiles, caimans, and related crocodilians;
(12) Snakes:
i. That are venomous;
ii. That are of the familyBoidae (all species, including by way of example and not by way of limitation all boas, pythons, and anacondas) and more than three feet long; and
iii. That, regardless of species, are more than eight feet long;
(13) Monitor lizards, Gila monsters, and Mexican Beaded lizards;
(14) Piranhas;
(15) Scorpions and spiders with venom sufficiently potent to cause serious physical harm to a person.
(B) The prohibition in § 91.07(A) does not apply to:
(1) A person licensed or otherwise expressly authorized by state or federal law to keep, possess, harbor, maintain, or have care, custody, or control of an animal identified in §§ 91.07(A)(1)--(15);
(2) A public zoo;
(3) A traveling circus performing within the city;
(4) A humane society;
(5) A veterinary hospital or clinic;
(6) A college, university, museum, or like institution engaged in bona fide scientific or educational study and research; or
(7) A person temporarily transporting an animal identified in §§ 91.07(A)(1)--(15) through the city if the transit time within the city is not more than 24 hours and the animal is at all times maintained within a confinement sufficient to prevent the animal from escaping.
(C) Any animal found in violation of this section is subject to impoundment, and its owner is responsible for all costs associated with that impoundment.
(Ord. 12627, passed 10-28-25; Am. Ord. 30389-04, passed 9-22-04)
Cross references: Penalty, see § 91.99.

Sec. 91.08. Confinement of exotic or wild animals.
No person shall possess or keep within the city an exotic or wild animal, not otherwise prohibited, without safely caging or otherwise confining the exotic or wild animal so as to prevent it from causing serious physical harm to a person or pet.
(Ord. 12627, passed 10-28-25; Am. Ord. 30389-04, passed 9-22-04)

Sec. 91.09. Reserved.

DIVISION 2. RULES AND REGULATIONS

Subdivision (A). Keeping and Maintaining

Sec. 91.10. Manner of keeping animals.
(A) No person shall keep or maintain any animal in the city in such manner so as to become a public nuisance or disturb the peace, comfort, or health of any person residing within the city.
(B) The keeping of all animals within the city shall be subject to all pertinent regulations of the State Health Department and the health officer.
Cross references: Penalty, see § 91.99.

Sec. 91.11. Keeping of vicious animals prohibited.
No person shall keep, possess, harbor, maintain, or have care, custody, or control of a vicious animal within the city.
(Ord. 27109, passed 11-14-84)
Cross references: Penalty, see § 91.99.

Sec. 91.12. Animal carcasses; removal; burial.
No owner shall permit any dead horse, cow, sheep or other animal carcass to remain within the city longer than a reasonable time for removing or burying the same, which shall be done in accordance with the rules and regulations of the health officer.
Cross references: Penalty, see § 91.99.

Sec. 91.13. Carcasses of animals for consumption to be covered when transported.
The body or part of any animal to be used for human food shall not be transported through any street unless it is covered so as to protect it from insects, animals, dust, and dirt.
Cross references: Penalty, see § 91.99.

Sec. 91.14. Injuring or poisoning animals.
(A) No person who accidentally or otherwise strikes an animal with an automobile and injures it shall leave the scene without rendering aid and assistance in the care of such animal.
(B) No person shall willfully or negligently poison any animal.
Cross references: Penalty, see § 91.99.

Sec. 91.15. Diseased animals.
Every person owning or having any animal under his charge within the city which he knows or suspects has been affected by any communicable disease, in particular by glanders or anthrax, shall isolate the animal from other animals and shall report the existence or suspected existence of such disease to the health officer.
Cross references: Penalty, see § 91.99.

Sec. 91.16. Fastening animals to trees; impounding.
(A) No person shall fasten any horse or other animal to any hydrant, tree, or to any box or case around a tree, on any street or public ground except at a place designated for the hitching of horses or other animals.
(B) Any police officer or other authorized person may impound the animal so fastened until any penalty as may be provided and any expenses reasonably incurred in keeping and caring for the animal are paid. If the fine and charges are not paid within seven days, the animal shall be deemed a stray and treated as provided for in §§ 91.20 through 91.24.
Cross references: Penalty, see § 91.99.

Sec. 91.17. Unnecessary noises by animals.
No person shall keep any animal which by causing frequent or long continued noise shall disturb one or more inhabitants of two separate residences in the vicinity. Such action is declared to be a public nuisance and detrimental to public health and welfare.
Cross references: Penalty, see § 91.99.

Sec. 91.18. Pasturing animals prohibited.
(A) It is declared to be a nuisance and unlawful for any person, except as otherwise hereinafter provided, to harbor, pasture, keep or otherwise maintain any cattle, sheep, goats or swine within the corporate limits of the city. However, this prohibition shall not apply to the exhibition of such animals at the Montgomery County Fair Grounds during the holding of the county fair, nor at such other exhibitions as may be permitted by the health officer; nor shall such prohibition apply to the keeping of such animals for slaughter by commercial meat packers. This section shall not apply to farms within the city.
(B) For the purpose of this section, a "farm" is defined as any plot of land not less than five acres in area and when the animals mentioned above are kept thereon no building housing such animals may be erected or maintained within 200 feet of any lot line, nor may such animals be permitted to be kept or pastured within 200 feet of any residential structure other than the residential structure of the owner or keeper of such animals.
(Ord. 16255, passed 8-6-47; Am. Ord. 19354, passed 8-5-59)
Cross references: Penalty, see § 91.99.

Sec. 91.19. Reserved.

Subdivision (B). Animals at Large

Sec. 91.20. Animals running at large prohibited.
No owner or custodian shall permit any cattle, horse, mule, swine, sheep, goat, geese, ducks, chickens or any other animal to run at large within the city. Herding such animal or tying it for grazing in any street or other public place shall be deemed running at large within the meaning of this section. To permit any such running at large is declared to be a nuisance and dangerous to public health and safety.
Cross references: Penalty, see § 91.99.
Sec. 92.21. Reserved.
Editor's note: Am. Ord. 30389-04, § 1, adopted Sept. 22, 2004, repealed § 91.21, which pertained to dangerous animals running at large.

Sec. 91.22. Animal running at large by accident.
No animal running at large by accident with a person in immediate pursuit of it shall be deemed a stray within the provisions of §§ 91.20 through 91.24.
Cross references: Penalty, see § 91.99.

Sec. 91.23. Animals at large; impounding.
Any animal led or permitted to run at large in violation of this chapter shall be impounded at the owner's expense until the penalty for the violation is paid.

Sec. 91.24. Officer may impound animal at large.
Any police officer or other officer designated by the city is authorized to capture and impound any animal found at large in accordance with §§ 91.20 through 91.24.
Secs. 91.25--91.29. Reserved.

DIVISION 3. IMPOUNDING

Sec. 91.30. Power to impound.
Any officer or agent authorized or empowered to perform any duty under this chapter is authorized to go upon any premises and seize for impounding any dog which he may lawfully seize when such officer is in immediate pursuit of such dog, except upon the premises of the owner of the dog and the owner is present and forbids the entry of the officer or agent in which event a warrant shall issue according to law at the request of such officer or agent.

Sec. 91.31. Impounding by residents.
Any resident of the city may seize any animal found running at large and deliver it to a police officer or other authorized person for impounding, or he may impound the animal in a place designated by the health officer.

Sec. 91.32. Pound; humane society; impounding.
(A) The city may enter into a contract with the Montgomery County Humane Society or other similar agency not organized for pecuniary profit as pound keeper for the collection, keeping for redemption, and destruction of all strays found within the city in accordance with the provisions of this chapter.
(B) The pound keeper or authorized agent of the humane society may seize and take into custody and impound or cause to be taken into custody and impounded and thereafter destroyed or disposed of as provided in §§ 91.30 to 91.41:
(1) Any dog off the premises of the owner which the official or his agent has reason to believe is a stray dog;
(2) Any dog off the premises of the owner without a current registration tag on his collar;
(3) Any female dog in season off the premises of the owner.

Sec. 91.33. Impounding; notice.
If the owner or keeper of any dog seized in accordance with the provisions of §§ 91.30 to 91.41 is known, the pound keeper shall serve on such owner or keeper a notice in writing stating that the dog has been seized and will be liable to be disposed of by sale or destroyed if not claimed within seven days after the service of the notice.
Cross references: Penalty, see § 91.99.

Sec. 91.34. Impounding; notice; manner of service.
A notice under §§ 91.30 to 91.41 may be served either by delivering it to the person on whom it is to be served, by leaving it at or mailing to his usual, or last known place of abode. When convenient, the notice may be given by telephone to the owner or keeper; however, a written notice shall still be sent to such owner or keeper after the verbal notice.

Sec. 91.35. Redemption of impounded animals.
(A) The owner of an impounded dog may reclaim his dog if he pays all reasonable expenses incurred by reason of its detention including the sum of not more than $6.00 for seizure and maintenance of the dog for the first 12 hours and the sum of $2.00 for each additional day.
(B) If the dog is unlicensed at the time of seizure, the owner may reclaim the dog if he produces a license and registration tag for the dog before the expiration of the seven-day period.

Sec. 91.36. Impounding; who may redeem.
The owner of an impounded dog may redeem it as provided for in § 91.35. However, at the expiration of the impoundment period, any other person may claim the dog, provided such person pays the fees set out in that section.

Sec. 91.37. Disposition of unredeemed animals.
When a dog has been impounded in accordance with the provision of §§ 91.30 to 91.41 and has not been redeemed by his owner, the pound keeper or agent of the humane society or any person authorized under these sections to do so may cause the dog to be sold or destroyed in a humane manner.

Sec. 91.38. Redemption prior to sale.
Nothing contained in §§ 91.30 to 91.41 shall be construed to prevent the owner of any impounded animal from redeeming it at any time before sale, by paying all penalties, fees, costs and charges accrued up to the time the sale was stopped.

Sec. 91.39. Record of impounded dogs.
(A) Any officer or agent authorized to impound an animal under this chapter who impounds an animal shall make a record of the breed, color, and sex of the animal and whether or not it is licensed.
(B) If the animal is licensed, the officer shall enter the name and address of the owner and number of the license tag. The officer shall also enter in the record the disposition made of such animal.

Sec. 91.40. Interference with impounding of animals.
No person shall willfully prevent or obstruct the impounding of any animal in violation of any of the provisions of this chapter or shall take any animal out of any pound without the consent of the person in charge of the pound, or shall knowingly impound or attempt to impound any animal not legally liable to impoundment.
Cross references: Penalty, see § 91.99.

Sec. 91.41. Disposition of impounded dogs suffering from rabies or other infectious disease; rabies tests.
(A) Any impounded dog which appears to be suffering from rabies or affected with hydrophobia, mange or other infectious or dangerous disease or which has attacked any person shall be kept at the pound until such time and under such conditions as required by the health officer. The pound keeper shall notify the health officer when he has good reason to believe that such dog is in his possession.
(B) Whenever in the judgment of the pound keeper or health officer it becomes necessary to test a dog or the remains of a dog, suspected of being rabid, the dog shall be sent to a veterinarian and/or state laboratory for rabies-hydrophobia testing and disposition. The fees, costs, and expenses of such tests shall be paid by the owner of the dog except as otherwise provided by law.
Secs. 91.42--91.49. Reserved.

DIVISION 4. DOGS

Sec. 91.50. Control of dogs.
(A) No person owning, keeping, possessing, harboring, maintaining, or having the care, custody, or control of a dog shall suffer or permit such dog to:
(1) Be at large within the city unless securely attached upon a leash not more than six feet in length held in the hand of a person in a manner which continuously controls the dog.
(2) Be unsecured while on the premises of the owner.
(3) Snap at or attempt to bite or attempt to cause physical harm to any other person, domestic animal, or feline.
(4) Cause physical harm to the property of another.
(5) Bite or otherwise cause physical harm to any other person, domestic animal, or feline.
(B) No person shall own, keep, possess, harbor, maintain, or have the care, custody, or control of a vicious dog within the city.
(C) No person who has been previously convicted of violating §§ 91.11, 91.50(A)(5), and 91.50(B), shall own, keep, possess, harbor, maintain, or have the care, custody, or control of any dog for a period of five years following the date of said previous conviction.
(D) Defenses.
(1) It shall be an affirmative defense to a violation of § 91.50(A)(1) and (2) that the dog was:
(a) Securely confined in an automobile or cage which was adequately ventilated.
(b) Being used for lawful hunting purposes.
(c) Being exhibited at a public dog show, zoo, museum, or public institution.
(2) It shall be an affirmative defense to a violation of § 91.50(A)(3), (4), and (5) that at the time of the occurrence such other person, domestic animal, or feline was unlawfully on the property owned or controlled by the owner of such dog, and that such dog was not unsecured.
(3) No public law enforcement agency or member thereof, or a licensed private law enforcement agency or member thereof, shall be convicted of any violation of this section where the dog is owned by the agency and being utilized for law enforcement purposes.
(4) Lack of intent or knowledge is not a defense to a violation of this section.
(Ord. 27109, passed 11-14-84; Am. Ord. 27563, passed 6-10-87)
Cross references: Penalty, see § 91.99.

Sec. 91.51. Stray dogs.
Anyone who picks up any stray dogs shall immediately notify and turn the dog over to the pound keeper.

Sec. 91.52. Harboring, holding for reward or licensing of strayed or stolen dogs; exceptions.
No person shall harbor or hold for reward or procure a license for a dog which has strayed upon his premises or which has been picked up on a public street, highway or other public place unaccompanied by its owner or other person, or which has been stolen from its owner.
Cross references: Penalty, see § 91.99.

Sec. 91.53. Dangerous dog.
(A) No person shall permit or cause a dangerous dog to be unsecured or at large, or to go unmuzzled in a public place, street, or alley.
(B) Any animal found in violation of this section is subject to impoundment, and its owner is responsible for all costs associated with that impoundment. (R.C. § 955.28)
(Am. Ord. 30389-04, passed 9-22-04)

Sec. 91.54. Female dogs in heat.
Female dogs in heat found running at large shall be seized and impounded and shall not be released except on approval of the pound keeper and payment of the fees provided in this chapter.

Sec. 91.55. Muzzling of dogs.
The health officer is hereby empowered, whenever in his opinion it is necessary or advisable and in the interest of the public health, to make a general order directing and requiring owners of dogs within the city to muzzle the same, or to confine or quarantine them, for such time and in such manner as he shall deem and consider to be advisable or necessary for the preservation of the public health.
(Ord. 10964, passed 9-3-19)

Sec. 91.56. Notice to muzzle dogs.
Whenever the health officer shall deem it necessary or advisable in the interest of the public health to cause the dogs to be muzzled, confined, or quarantined, he shall publish a general notice thereof once in at least two newspapers of the city, directing and requiring all owners of dogs to cause the dogs to be muzzled, confined, or quarantined; or in a case where he considers any dog to be dangerous to the community, he may by special written notice to the owner thereof cause such dog to be muzzled, confined, quarantined, or destroyed.
(Ord. 10964, passed 9-3-19)

Sec. 91.57. Failure to comply with notice.
Whenever the health officer shall cause general notice to be given to the owners of dogs within the city, or a special written notice to any owner of a dog within the city, requiring the same to be muzzled, confined, quarantined, or destroyed, it shall be the duty of the owner or owners to comply with the same at once in the manner specified in the notice referred to. Upon failure of such owner or owners to comply with said notice, said dog or dogs may be taken possession of by the health officer and may be either impounded at the expense of said owner or owners, or destroyed, if in the judgment of the health officer it is in the interest of the public health that destruction shall occur.
(Ord. 10964, passed 9-3-19)
Cross references: Penalty, see § 91.99.

Sec. 91.58. Observation of vicious dogs.
The health officer, upon complaint of any person that a dog is vicious and has bitten a person or persons, shall direct the owner of the dog to confine it in a safe and proper manner to the premises of the owner for a period of ten days. During this period of ten days the health officer shall observe the dog so quarantined for the purpose of determining whether or not it is a vicious dog and dangerous to be at large.
(Ord. 12710, passed 12-30-25)

Sec. 91.59. Disposition of vicious dogs.
If at the end of ten days of observation the health officer is of the opinion that the dog is not vicious he may order the release of the dog from quarantine; or if he is of the opinion that the dog is vicious, he shall forthwith order it to be muzzled by the owner or kept without the city limits. If the health officer is of the opinion that the dog shows any symptoms of rabies he shall cause the removal of the dog to the animal shelter of the Humane Society of Montgomery County, there to be held for further observation.
(Ord. 12710, passed 12-30-25)

Sec. 91.60. Fecal matter prohibited.
While beyond the premises of the owner or keeper, the person in control of every dog shall not permit such dog to deposit any fecal matter on any other premises other than on the public right-of-way.
(Ord. 25159, passed 9-15-76)
Cross references: Penalty, see § 91.99.

Sec. 91.61. Responsibility for removal of fecal matter.
It shall be the duty and responsibility of the owner, keeper, or person in control of any dog which has deposited any fecal matter on the public right-of-way or on private premises other than that of the owner or keeper of such dog, to immediately cause said fecal matter to be removed and deposited in a suitable container or receptacle under the immediate control of the said owner, keeper, or person in control of said dog.
(Ord. 25159, passed 9-15-76)
Cross references: Penalty, see § 91.99.
Secs. 91.62--91.69. Reserved.

DIVISION 5. RABIES CONTROL

Sec. 91.70. Dogs to be immunized against rabies.
It shall be the duty of every resident of the city owning or possessing a dog to have the dog inoculated with an anti-rabic vaccine by a licensed veterinarian. The expense of inoculation shall be borne by the owner or keeper of such dog.
Cross references: Penalty, see § 91.99.

Sec. 91.71. Examination of biting dog to determine rabies.
(A) Whenever it has been reported that a dog has bitten any person, the dog shall be confined at a place selected by the health officer and placed under the observation of a veterinarian, at the owner's expense, for a period of ten days, to determine whether the dog has rabies. The veterinarian shall make at least two examinations of the dog; the first examination at the time the dog is placed under his care, and the next examination ten days thereafter.
(B) The owner of such dog, at the end of the examination period, shall present to the health officer, on forms furnished by the health officer, the findings of the veterinarian. The form shall be signed by the veterinarian.
(C) If the dog is found to be suffering from rabies it shall be destroyed forthwith. If the owner of a dog which has bitten or mutilated any person refuses to surrender it, the health officer or his agents, may lawfully enter upon any premises where the dog is located and may seize and impound the dog for the purposes of this section.

Sec. 91.72. Confining animal which has attacked or bitten a person.
Either the police, health officer, or the pound keeper may serve notice upon the owner or person in charge of a dog or other animal which has attacked or bitten a person, to confine the animal at the expense of the owner or person in charge of it upon the premises of the owner or person in charge or at some other place designated in the notice, for at least ten days after the animal has attacked or bitten the person.

Sec. 91.73. Examination of animals by either police, health officer or pound keeper.
Either the police, health officer, or the pound keeper or their designees shall be permitted by the owner or person in charge of an animal which has attacked or bitten a person, to examine the animal at any reasonable time, and daily if desired, within a period of ten days after the animal has attacked or bitten a person, to determine whether the animal shows symptoms of rabies.

Sec. 91.74. Report of suspected cases of rabies.
Whenever a dog or other animal is affected by rabies or suspected of being affected by rabies or has been bitten by an animal known or suspected to be affected with rabies, the owner or person in charge of such dog or animal or any person having knowledge thereof, shall immediately notify either the police, health officer, or pound keeper.

Sec. 91.75. Report of person bitten by animal.
(A) Every physician shall, within 12 hours after his first professional attendance upon any person bitten by a dog or other animal, report to the police, health officer, or pound keeper, the name, age, sex, race, and precise location of the person so bitten.
(B) When a physician is not in attendance of a person bitten by an animal, then any person in charge of or in control of or responsible for the person bitten shall report the incident to the police, health officer, or pound keeper and provide the same information as set out in subsection (A).
Cross references: Penalty, see § 91.99.

Sec. 91.76. Confining animals to prevent spread of rabies.
(A) Whenever either the police, health officer or pound keeper has reason to believe that there is danger that rabies may spread within the city such officials shall serve a notice in writing upon all persons owning or having charge of any animal requiring such person to confine such animal or, the above authorities, in lieu of serving such notice in writing, may cause a notice to be published in a newspaper of general circulation of the city.
(B) Other animals may be included in the order whenever, in the opinion of the officials, this is necessary.

Sec. 91.77. Permit to release animals.
An animal confined under the order of either the police, health officer, or pound keeper shall not be released until a certificate of release has been issued by the official who orders the confinement.
Cross references: Penalty, see § 91.99.

Sec. 91.78. Parking of animals.
No ridden animal or animal drawn vehicle shall be permitted to stand on any portion of any highway or public lands of the city unless the driver of the animal is in charge and accompanies the same or unless such animal be securely hitched to a hitching post or hitch weight.
(Ord. 12883, passed 6-23-26; Am. Ord. 26397, passed 12-9-81)
Cross references: Penalty, see § 91.99.

Sec. 91.79. Driving animals.
While driving a vehicle with any animal or animals attached thereto, the driver shall not cease to hold the reins in his hands to guide and restrain the same; and when not riding, the driver shall walk by the head of the shaft or wheel animal holding the halter or bridle thereof.
(Ord. 12883, passed 6-23-26)
Cross references: Penalty, see § 91.99.
Secs. 91.80--91.98. Reserved.

Sec. 91.99. Penalty.
(A) Any person who violates a section of this chapter for which no penalty is specified is guilty of a minor misdemeanor.
(B) Any person who violates § 91.02 or 91.08 is guilty of a misdemeanor of the second degree.
(C) Any person who violates § 91.14 or 91.50(A)(3) or 91.53 is guilty of a misdemeanor of the fourth degree.
(D) Any person who violates § 91.60 or 91.61 shall pay a fine not less than $10.00 nor more than $25.00.
(E) Any person who violates § 91.50(A)(1) or (2) is guilty of a minor misdemeanor for a first offense, and a misdemeanor of the fourth degree for each subsequent offense.
(F) Any person who violates § 91.50(A)(4) is guilty of a misdemeanor of the third degree.
(G) Any person who violates § 91.07, 91.11, 91.50(A)(5), and 91.50(B) is guilty of a misdemeanor of the first degree. Upon a subsequent violation within five years, a person shall serve a minimum term of at least three days imprisonment and pay a fine of at least $500.00, no part of which imprisonment or fine shall be suspended.
(H) Any person who violates § 91.50(C) is guilty of a misdemeanor of the second degree.
(I) Each day that a violation of any section of this chapter continues is a separate offense.
(Am. Ord. 26256, passed 6-3-81; Am. Ord. 27109, passed 11-14-84; Am. Ord. 27563, passed 6-10-87; Am. Ord. 30389-04, passed 9-22-04)

1 comment :

River Watson said...

Thank you for posting this! It was very interesting to read. I would just like to make note that even though there is nothing explicitly stating that everyone in Dayton should always leash their dog, it really is in the best interest of the dog to be leashed in public places, and properly fenced in while at home in the yard.