Animal feed nuisance ordinance from Barberton - Cleveland 19 News Cleveland, OH

Animal feed nuisance ordinance from Barberton

BARBERTON, OH (WOIO) -

Here is the ordinance under consideration in Barberton:

ORDINANCE NO. 226-2012

            TITLE:              ANIMAL FEED NUISANCE PREVENTION 

AN ORDINANCE OF THE COUNCIL OF THE CITY OF BARBERTON ENACTING AN ORDINANCE WHEREBY LEAVING FOOD UNATTENDED AND AVAILABLE FOR STRAY AND WILD ANIMALS IS PROHIBITED, AND DECLARING AN EMERGENCY.

            WHEREAS, leaving pet food unattended for extended periods of time, outside of an enclosed area, attracts rodents, stray pets, and wild animals, creates offensive odors, unsanitary conditions, and encourages the transmission of rabies and other animal diseases.

            NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Barberton, State of Ohio:

            SECTION 1.   That the within ordinance prohibits leaving animal feed and/or pet food outside in open areas or in enclosed areas such as, but not limited to, open garages, car ports, tool sheds, lean-tos, or under open porches for pets, strays and wild animals.  However, food may be left out during daylight hours, provided that the feeding area must be removed and cleaned each day.   

            SECTION 2.   That any matter which attracts animals and is capable of consumption by either domestic and/or wild animals shall meet the definition of "food," "pet food," and/or "animal feed" as it is used in the within ordinance.  Bird feeders and squirrel feeders are exempt from the within legislation.

            SECTION 3.   That only domestic animals kept in yard pens which enclose an area on all sides shall be permitted to have food left unattended for more than 8 hours.  In such instances, there shall be permitted to be only enough food to feed the number of animals kept in the pen. 

            SECTION 4.   That it shall be unlawful for any person to leave food unattended as

prohibited by the within ordinance.  Any person who violates any provision of this ordinance is guilty of a minor misdemeanor.  For each violation of the within ordinance, the offending party shall be fined $50.00.  Each day on which a violation of any provision of this ordinance occurs is a separate and distinct offense and shall be punishable as such notwithstanding the fact that the same food is at issue.  Prior to prosecution for any offense under this ordinance, the offender shall be given a written warning for the first occasion where a violation is reported and then observed by an enforcement officer.  Said written warning shall be addressed to the owner of the property where the food is found.

            A person may be found to have violated the within ordinance should that individual be the registered owner of either the pet being kept at the particular residence or the owner of the property the pet is found upon. 

            SECTION 5.   That the within ordinance is to be enforced by personnel of the Summit County Health District and/or the Summit County Division of Animal Control and/or the Barberton Police Department and/or the Barberton Building Department.

            SECTION 6.   That it is hereby found and determined that all formal actions of this Council concerning and relating to the passage of this resolution were taken in an open meeting of this Council and that all deliberations of this Council and of any of its committees that resulted in such formal action were meetings open to the public in compliance with the law.

            SECTION 7.   That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, health, safety, convenience and welfare of the City of Barberton and the inhabitants thereof, for the reason that immediate enforcement is necessary, and provided it receives the necessary votes required by the City Charter, shall be in full force and effect from and after its passage and approval; otherwise it is to be in full force and effect from and after the earliest period allowed by law.

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