Explanation
The purpose of this legislation is to clarify specific sections of the Columbus City Code, 1959 pertaining to the neglect, abandonment, confinement, cruelty, and conveyance of animals, in order to assist in more effective prosecution of animal cruelty cases.
Title
To amend Sections 2327.14 and 2327.15, and enact new Sections 2327.18 and 2327.19 of the Columbus City Codes, 1959, to clarify and enhance provisions of the code pertaining to the neglect, abandonment, confinement, cruelty, and conveyance of animals.
Body
WHEREAS, recent criminal cases highlight the need to clarify specific sections of the code pertaining to the neglect, abandonment, confinement, cruelty, and conveyance of animals; and,
WHEREAS, City Council wishes to eradicate any obstacles that come in the way of the effective prosecution of animal cruelty cases; and,
WHEREAS, considerable evidence exists showing strong linkages between animal and domestic violence. Research suggests animal cruelty frequently predicts and/or occurs in tandem with family violence, child abuse, spousal abuse and elder abuse; and
WHEREAS, tools that lead to more effective prosecution of animal cruelty cases can lead to quicker action with the hope of ultimately ending the cycle of violence; now, therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
Section 1. That Sections 2327.14 and 2327.15 of the Columbus City Codes, 1959, be and are hereby amended to read as follows:
2327.14 Noisy animals.
(A) No person shall keep or harbor any animal which howls, barks, or emits audible sounds that are unreasonably loud or disturbing and which are of such character, intensity and duration as to disturb the peace and quiet of the neighborhood or to be detrimental to life and health of any individual.
(B) Whoever violates this section is guilty of keeping noisy animals, a minor misdemeanor. If the offender previously has been convicted of a violation of this section, then keeping noisy animals is a misdemeanor of the third degree. If the offender previously has been convicted of two or more violations of this section, then keeping noisy animals is misdemeanor of the first degree.
(C) Strict liability is intended to be imposed for a violation of this section. (Ord. 2535-94.)
2327.15 Cruelty to animals.
(A) No person shall:
(1) Cruelly, inhumanely, or unnecessarily beat, injure, abuse, overload, overwork, insufficiently shelter, feed, or water any animal;
(2) Fail to prevent odors and/or eliminate insect and/or rodent infestation to any animal and/or its confines;
(3) Ride, drive, work, or cause to be ridden, driven, or worked, any animal, which by reason of any deformity, injury, disease, or other cause, is incapable of being ridden, driven, or worked without suffering pain or great annoyance from such deformity, disease, injury, or other cause;
(4) Sell or give away less than six (6) fowl which are under two (2) months of age to any person under the age of eighteen (18) years;
(5) Subdivision (A)(4) of this section shall not prohibit the display or sale of fowl by any dealer, hatchery, or store engaged in the business of selling the same, provided such dealer, hatchery, or store has the proper facilities for the display and care of such fowl.
(6) Abuse any animal in any method or encourage, promote, or permit any animal to wrestle, fight, attack, or menace any person or animal. Animals protecting persons or property from illegal or unauthorized entry, bull riding, steer wrestling, calf roping, team roping, bronc riding, and similar events associated with horse shows and fair related events are exempt from this provision;
(7) Display any of the following: diving equine, wrestling bears, boxing kangaroos, or other similar novelty acts, or any other animal act where wild, exotic or non domestic animals would come into contact with any person, other than the animal trainer, performer or handler. This section is not intended to prohibit zoos and other education institutions from safely incorporating living specimens into their program; and rodeos or circuses or fair related events from incorporating non-indigenous domestic animals, eg. elephants, camels, horses, etc. into animal novelty acts in which the public may ride and/or come in contact with these animals.
(8) Carry or convey an animal in a cruel or inhumane manner;
(9) Knowingly cause another to believe they will do any acts prohibited in subdivision (A)(1) of this section;
(10)Cause, promote or encourage any other person to do any act prohibited in subdivision (A)(1) of this section.
(B) No animal dealers, hatcheries, or stores shall:
(1) Maintain, harbor, keep, sell or offer for sale any venomous reptiles, constrictor snakes over twelve (12) feet in length. Research and educational institutions and public zoos are exempt from this provision;
(2) Offer for sale or give away any animal infected with a zoonotic or communicable disease.
(C) Animal dealers, hatcheries, and stores shall provide information as to the proper care, feeding, sheltering, sex, size at maturity, licensing and vaccination requirements of all animals sold or given away. Agricultural livestock is exempt from this provision.
(D) Animal dealers, hatcheries, and stores shall maintain records containing all purchasers' names, addresses, and phone numbers for one (1) year after the sale of any dog, cat, or bird and shall make these records available to the health commissioner, city veterinarian or any law enforcement officer in the performance of their duties.
(E) Neglect of Animals
(1) 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.
(2) 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.
(3) No person who owns or keeps an animal shall fail to provide the animal all of the following needs:
(a) Clean, potable drinking water at all times and suitable food of sufficient quality and quantity as to ensure normal growth and maintenance of normal body weight; and
(b) Food and water receptacles that are kept clean and disinfected, and located so as to avoid contamination by feces or other wastes; and
(c) Regular exercise sufficient to maintain the animal's good health; and
(d) Proper veterinary care.
(E) (F) Whoever violates this section is guilty of cruelty to animals, a misdemeanor of the first degree. (Ord. 15-95.)
Section 2. That new Sections 2327.18 and 2327.19 of the Columbus City Codes, 1959, be and are hereby enacted to read as follows:
2327.18 Abandoning animals.
(A) No owner or keeper of a dog, cat or other domestic animal shall abandon such animal.
(B) Whoever violates this section is guilty of abandoning animals, a misdemeanor of the second degree. If the offender previously has been convicted of a violation of this section, then abandoning animals is a misdemeanor of the first degree.
2327.19 Animal confinement.
(A) No person shall impound or confine an animal:
(1) without affording it, during such confinement, access to shelter from wind, rain, snow or excessive sunlight;
(2) without proper ventilation or in such a manner that excessive heat or cold could reasonably be expected to cause the animal to become sick or in some other way suffer;
(3) in such a manner that is inappropriate to the animal's size, weight and other characteristics or without sufficient space to allow the animal to turn about freely and lie in a normal position; or
(4) on such a surface that could reasonably be expected to cause physical injury.
(B) Whoever violates this section is guilty of animal confinement a misdemeanor of the second degree. If the offender previously has been convicted of a violation of this section, then animal confinement is a misdemeanor of the first degree.
Section 3. That the ordinance shall take effect and be in force from and after the earliest period allowed by law.