[Ord. No. 2007-03 §1(5-1), 1-8-2007]
The following terms, as used in this Chapter, shall be deemed to have the following meanings:
ANIMAL
Any living vertebrate creature, domestic or wild, other than humans.
ANIMAL, DOMESTIC
Any living vertebrate creature customarily raised for food, agricultural or riding purposes including, but not limited to, cows, horses, sheep and chickens, but not including dogs, cats or other pet animals.
ANIMAL SHELTER
Any premises designated by action of the City for the purpose of impounding and caring for all animals found running at large in violation of this Chapter.
AT LARGE
Any animal shall be deemed to be at large when it is off the property of its owner and not under the control of a responsible person.
CAT
Any member of the feline family more than four (4) months of age.
CONFINEMENT
"Confinement" or "confined", as used in this Chapter, shall mean constant and continuous, sole and segregated, physical enclosure of the animal.
CONTROL
Under immediate and effective restraint of a responsible person, to include leashes and voice control.
DOG
All animals of the canine species, both male and female.
EXOTIC OR WILD ANIMAL
Any mammal, fowl, fish or any other species not commonly considered as pets or commonly raised for food or agricultural purposes which would be a possible threat to the life or health of humans. Any restrictions on the keeping of such animals shall not apply to traveling entertainment shows such as circuses so long as exotic animals which may be a part of such shows are confined in such a manner as to reasonably provide safe separation between the exotic animal and the general public. The Chief of Police and the City Animal Control Officer shall be responsible for determining the applicability of this definition to any mammal, fowl, fish or other species. A person desiring to possess any mammal, fowl, fish or other species which, in the opinion of the Chief of Police and the City Animal Control Officer, is prohibited under this definition shall have the right to request a hearing before the City Council which shall make a final decision.
EXPOSED TO RABIES
When bitten by, or fought with, or has come in close contact with a dog or other animal shown to be infected with the rabies virus as determined by standard laboratory testing.
KENNEL, COMMERCIAL
A kennel which performs grooming or training services for animals, and may or may not render boarding services in return for a consideration.
OWNER
In addition to its ordinary meaning, any person who keeps or harbors an animal or professes to be owning, keeping, or harboring an animal.
PUPPY
Any member of the canine family less than four (4) months of age.
VICIOUS DOG
1. 
Any dog that when unprovoked inflicts, bites or attacks a human being or animal either on public or private property or in a vicious or terrorizing manner, approaches any person in apparent attitude of attack upon the streets, sidewalks or any public grounds or places;
2. 
Any dog with a known propensity, tendency or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of human beings or animals;
3. 
Any dog which engages in, or is found to have been trained to engage in, exhibitions of dog fighting; or
4. 
Any dog at large found to attack, menace, chase, display threatening or aggressive behavior or otherwise threaten or endanger the safety of any animal or person.
5. 
Vicious dog does not mean:
a. 
Any dog that attacks or inflicts bites upon a trespasser of a fully enclosed building or fence; or
b. 
Any dog used by the military or police if the bites or attack occurred while the dog was performing in that capacity.
[Ord. No. 2007-03 §1(5-2), 1-8-2007]
It shall be unlawful for any person possessing, owning or otherwise having under his/her custody or control any domestic animal or fowl of any kind to permit the same to run at large in or upon any of the streets and public places or upon the land of any person in the City or tether the same in such a way that such animals or fowl may go across or upon any of such places.
[Ord. No. 2007-03 §1(5-3), 1-8-2007]
Any domestic animals or fowl found running at large or tied, staked or pastured in, on or along any street, alley, railroad right-of-way, enclosed land or public place in the City shall forthwith be taken up by the City Animal Control Officer and impounded in some secure place to be provided by the City.
A. 
The Animal Control Officer may impound any animal found outside of the owned or rented property of the owner or custodian of such animal when such animal shows evidence of neglect or abuse.
Any animal impounded pursuant to this Section shall be:
1. 
If the owner can be ascertained and the animal is not diseased or disabled beyond recovery for any useful purpose, held for recovery by the owner. The owner shall be notified within five (5) business days of impoundment by phone or by mail of the animal's location and recovery procedures. The animal shall be held for ten (10) business days. An animal unclaimed after ten (10) business days may be put up for adoption or humanely killed;
2. 
Placed in the care or custody of a veterinarian, the appropriate animal control authority or animal shelter. The animal shall not be disposed of, unless diseased or disabled beyond recovery for any useful purpose, until after expiration of a minimum of five (5) business days, during which time the public shall have clear access to inspect or recover the animal through time periods ordinarily accepted as usual business hours. After five (5) business days, the animal may be put up for adoption or humanely killed; or
3. 
If diseased or disabled beyond recovery for any useful purpose as determined by a public health official, law enforcement official, veterinarian or animal control officer, humanely killed.
B. 
The owner or custodian of an animal impounded pursuant to this Section shall be liable for reasonable costs for the care and maintenance of the animal. Any person incurring reasonable costs for the care and maintenance of such animal shall have a lien against such animal until the reasonable costs have been paid and may put up for adoption or humanely kill any animal if such costs are not paid within ten (10) days after demand. Any monies received for an animal adopted pursuant to this Subsection in excess of costs shall be paid to the owner of such animal.
[Ord. No. 2007-03 §1(5-4), 1-8-2007]
It shall be the duty of the City to attempt to locate the owner of any animal or fowl impounded and, when found, to notify him/her of such impounding; and thereupon such owner may appear at any time before such animal or fowl is sold as provided in the following Section and reclaim such animal or fowl upon payment to the City of the expense, license fees and penalties fixed and prescribed.
[Ord. No. 2007-03 §1(5-5), 1-8-2007]
The City may sell for cash at public or private sale all impounded animals not reclaimed by owner after having first given four (4) days' notice of the time and place of sale and the property to be sold and the cause of sale by printed or written handbills posted at three (3) public places in the City, two (2) of which places shall be the City Hall and County courthouse. Every such sale shall pass title to the purchaser of the animal or fowl sold. The purchaser shall be entitled to receive a certificate of purchase from the Chief of Police.
[Ord. No. 2007-03 §1(5-6), 1-8-2007]
The amount received from the sale of an impounded animal or fowl shall be paid into the general fund of the City.
[Ord. No. 2007-03 §1(5-7), 1-8-2007]
No person shall turn loose from any pen or enclosure any animal for the purpose of causing same to be impounded.
[Ord. No. 2007-03 §1(5-12), 1-8-2007]
No person shall, within the City, load, unload or transfer from one vehicle to another vehicle, any hogs, sheep, cattle or other livestock or fowl in any public place, street or thoroughfare or any unenclosed private premises for a longer period than one (1) hour. Nothing continued in this Section shall prohibit loading, unloading or transferring of hogs, sheep, cattle or livestock or fowl at any established and maintained stockyards, slaughterhouse or sale barn.
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Cross References — As to nuisances regarding livestock and other animals, art. II, §§215.150215.180.
[Ord. No. 2007-03 §1(5-13), 1-8-2007]
No person or corporation shall possess, house, shelter, pen, sell or offer for sale within the City limits of the City of Chillicothe, any exotic animal as defined herein, except as permitted by applicable zoning provisions.
[Ord. No. 2007-03 §1(5-14), 1-8-2007]
A. 
A person commits an ordinance violation if he/she intentionally or knowingly tortures or seriously overworks an animal; fails unreasonably to provide necessary food, care or shelter for an animal in his/her custody; abandons unreasonably an animal in his/her custody; transports or confines an animal in a cruel manner; kills, injures or administers poison to animals belonging to another without legal authority or the owner's effective consent; causes one animal to fight with another; or treats any animal in an inhumane or improper manner or exercises any control over an animal inconsistent with rights or ownership of the animal.
B. 
No person shall tether, fasten, chain, tie or restrain a dog or cause a dog to be tethered, fastened, chained, tied or restrained to a doghouse, tree, fence or any other stationary object.
C. 
Notwithstanding Subsection (B), a person may do any of the following in accordance with this Section:
1. 
Attach a dog to a running line, pulley or trolley system. A dog shall not be tethered to the running line, pulley or trolley system by means of a choke collar or pinch collar.
2. 
Tether, fasten, chain, tie or otherwise restrain a dog pursuant to the requirements of a camping or recreational area.
3. 
Tether, fasten, chain or tie a dog no longer than is necessary for the person to complete a temporary task that requires the dog to be restrained for a reasonable period, which is defined herein as a period of time not to exceed three (3) hours in a twenty-four (24) hour period or a time that is otherwise approved by Animal Control Officer.
D. 
Nothing in this Chapter shall be construed to prohibit a person from walking a dog with a hand-held leash.
[Ord. No. 2007-03 §1(5-15), 1-8-2007]
No person shall collect, purchase or solicit dogs, cats or other domestic animals for resale to serum plants, laboratory supply houses or other experimental research teaching purposes. The provisions of this Section shall not be applicable to pet shops or commercial kennels.
[Ord. No. 2007-03 §1(5-16), 1-8-2007]
No person shall, within the City, kill, wound, injure or capture or attempt to kill, wound, injure or capture any animal or bird; provided that the owner, tenant or authorized agent of real estate in the City frequented by animals or birds, which would deprive the owner of full enjoyment of such property or real estate, may by humane methods, trap such animals or birds. No traps shall be set in any manner that could in any way unreasonably jeopardize the life or health of any person or animal.
[Ord. No. 2007-03 §1(5-17), 1-8-2007]
A. 
Any person or persons who shall own and keep or harbor upon their premises more than three (3) dogs or four (4) cats other than under the age of four (4) months, and who is not involved in selling and buying dogs or cats, shall be deemed the owner of a kennel. Such owner shall file application therefore on a form provided by the City Treasurer, which application shall provide information to indicate whether or not the proposed kennel and its operation will violate any provisions of State and City laws and ordinances. If it appears that such kennel and the operation thereof will not be in violation of State and City laws, the City Treasurer shall issue a kennel license to said applicant upon the payment of the following license fee to the City.
B. 
The annual license fee for kennels shall be one hundred dollars ($100.00). All dogs and cats confined in such kennel shall be licensed in accordance with this Chapter.
C. 
Such license shall permit the applicant to operate such kennel described in the application for a period of one (1) year, unless said license is revoked and any violation of the Sections of this Chapter shall constitute sufficient cause for revocation of such license.
D. 
Kennel premises shall be maintained in a clean and satisfactory and sanitary condition at all times and sanitary methods shall be used to obliterate or prevent any offensive odors. The City Animal Control Officer, Health Officer and City Police shall have the right to inspect such kennels at reasonable hours.
E. 
No kennel shall be permitted to operate within one hundred (100) feet of a building used or occupied as a residence, except that owned by the keeper of the kennel.
F. 
All kennel animals shall be fed, maintained and housed in separate compartments and separate outdoor runways and not to come in physical contact with other dogs except when breeding and except in cases of mother and their young. The inside and outside spaces shall be completely cleaned at least twice per day. The breeding shall not be done in public view.
G. 
All structures, pens, coops or yards wherein animals or fowl are kept or permitted shall be maintained in a clean and sanitary condition at all times to avoid harborage of all rodents and vermin and free of offensive, disagreeable or noxious smell or odor to the injury, annoyance or of inconvenience of any inhabitant of the neighborhood. The enclosed area of all such structures shall be constructed in such a way as to be dry at all times on the inside.
[Ord. No. 2007-03 §1(5-18), 1-8-2007]
The City Council shall designate facilities as the City pound for the purpose of placing this Chapter in effect. The Animal Control Officer shall be poundmaster and shall attend to the maintenance of such pound.
[Ord. No. 2007-03 §§1(5-19), 1(5-31), 1-8-2007]
A. 
Humane Destruction At Request Of Owner. Any person having the right to have any dog or cat killed and who shall request the humane destruction of such dog or cat will be granted the services available for humane destruction of impounded dogs or cats. Any person making such a request shall be responsible for all costs associated with same and these costs shall be paid prior to the performance of the services.
B. 
Euthanization Of Cats And Dogs At City Animal Shelter.
1. 
Any person who shall deliver a dog to the City Animal Control Officer, with the express purpose of having said dog euthanized, shall be charged a fee equal to the total veterinarian bill for completing the procedure plus ten dollars ($10.00).
2. 
Any person who shall deliver a cat to the City Animal Control Officer, with the express purpose of having said cat euthanized, shall be charged a fee equal to the total veterinarian bill for completing the procedure plus ten dollars ($10.00).
[Ord. No. 2007-03 §1(5-20), 1-8-2007]
A. 
The City owns certain animal cages which cages the City, through its Animal Control Officer and the City Treasurer, shall allow the public to use upon the following terms and conditions:
1. 
Persons desiring to use a animal cage belonging to the City shall sign a standard use agreement in a form acceptable to the City and pay a fifty dollar ($50.00) per cage deposit with the City Treasurer.
2. 
Said use agreement shall acknowledge receipt of the cage by the person signing same, reference the fifty dollar ($50.00) deposit, said deposit to be placed in the general fund of the City. The use agreements shall provide for given time within which the person signing same is required to return the animal cage and shall provide that if the person signing the agreement does not return the animal cage to the City within the time set forth, that the City shall, among other things, retain the deposit.
3. 
If the animal cage is not returned to the City within five (5) days after the time specified in the use agreement, the City Treasurer shall notify the person signing said agreement, either personally or by mail, of his/her default under said use agreement. If the animal cage is not returned to the City within ten (10) days after notice, the Animal Control Officer shall cause the same to be abated and shall certify the costs of same to the City Treasurer who shall cause a special tax bill to be prepared and assessed against the property owned by the person signing the use agreement. Said tax bill shall, from the date of issuance, be a first (1st) lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity and no mere clerical error or informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereto. Each special tax bill shall be issued by the City Treasurer on or before the first (1st) day of June of each year. Such tax bills, if not paid, shall bear interest at a rate of eight percent (8%) per annum from the date said animal cage was abated by the City. Said property may be sold in the same manner as any other property with delinquent taxes.
[Ord. No. 2007-03 §1(5-21), 1-8-2007]
Persons controlling or allowing his/her animal to be away from their own property shall be required to clean up and carry off any feces deposited on any public or private property not the property of the animal's owner and properly dispose of said feces upon their return to their own property.
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Editor's Note: Former Section 205.180, Limitations of Particular Breeds, and Section 205.190, Penalty For Violation of Breed Limitations, which derived from Ord. No. 2007-03, 1-8-2007, were repealed 5-9-2022 by Ord. No. 2022-40. See now Section 205.390.