Ordinances Recently Adopted by the Riverlea Village Council

The Village of Riverlea recognizing the need for internal regulation adopted the ‘Code of Ordinances of the Village of Riverlea.’ These are available to our residents and to the general public on the Web site of the American Legal Publishing Corporation. This page is intended only to let our residents know of recent ordinances.

Ordinance 02-2009

An Ordinance to Further Regulate Dogs or Other Animals Running at Large Within the Village

Introduced by: Mr. Tettenhorst

WHEREAS, the Council of the Village of Riverlea has determined that dogs running at large within the Village have a detrimental impact on the safety and security of Village residents, and that uncontrolled dogs in the Village impact negatively the enjoyment of residents of their homes and yards; and

WHEREAS, the Council of the Village of Riverlea has determined that existing regulation of dogs running at large within the Village has not been effective to promote the general welfare of the Village, as desired by its residents, and so has determined to modify the requirements for controlling dogs that are on public property within the Village or when on private property in the Village without the permission of the property owner.

Be It Ordained by the Council of the Village of Riverlea, State of Ohio:

Section l. Repeal of Existing Authority. That Section 90.01 of the Codified Ordinances of the Village of Riverlea is hereby repealed.

Section 2. Adoption of Requirements Regarding Dogs and Other Animals Running at Large. That the following new Section 90.01 of the Codified Ordinances of the Village of Riverlea is hereby adopted:

Ҥ90.01 Dogs or Other Animals Running At Large.

  1. No person, being the owner or having charge of any animal or fowl excepting homing pigeons bearing official bands, shall fail to prevent such animal or fowl from running at large on any property not his or her own.
  2. The owner, keeper, harborer, or person having charge of any dog shall not permit such dog to enter upon any private property more than ten feet from the street curb without the permission of the property owner. All dogs must be securely leashed or under “direct control” at all times, otherwise the dog shall be subject to impoundment and the owner, keeper, harborer, or handler subject to penalty.
  3. Direct Control, for the purpose of this section, shall mean that the dog is located at all times within ten feet of the owner, keeper, harborer or person having charge of the animal and will respond instantly to the minimum obedience commands of “come” or “sit” or “stay”. It shall be prima facie evidence that a dog is not under the required control if such dog menaces, chases, injures, or kills any person or domestic animal or damages or commits any nuisance upon property other than that of its owner, keeper or harborer.
    1. “Come”, the command, shall mean that the dog shall leave the position at which he is located and return to the handler when such command is given by said handler.
    2. “Sit”, the command, shall mean that the dog shall cease movement in any forward, backward, or sideways direction and shall assume a sitting position when such command is given by the handler.
    3. “Stay”, “Stay”, the command, shall mean that the dog shall cease movement in any forward, backward, or sideways direction and shall remain in the spot in which such command was heeded until the handler releases it.

    Penalty. Whoever violates this section shall be deemed guilty of a misdemeanor and fined $25 for a first offense, $50 for a second offense, and $300 for a third and each subsequent offense.

Section 3. The Statutes to be Amended. That pursuant to the requirements of Sections 731.19, Ohio Revised Code, the existing Riverlea Code Section 90.01, which is amended by Sections 1 and 2 above, is hereby set forth: “§90.01 Dogs or Other Animals Running At Large.

  1. No person, being the owner or having charge of any animal or fowl excepting homing pigeons bearing official bands, shall fail to prevent such animal or fowl from running at large on any property not his or her own.
    1. No person, being the owner, keeper, harborer, or having charge of any dog shall permit such dog to enter upon any public or private property other than that of the person unless the dog is securely leashed by a leash not to exceed 6 feet in length, with the following exceptions:
      1. On private property other than that of the owner, harborer, or keeper or person having charge of the dog – with permission of the property owner.
      2. On public property.
    2. In the case of both the aforementioned exceptions, (a) and (b), the owner, keeper, harborer, or person having charge of such dog shall have the dog under “direct control”. When any dog is found on property, not that of its owner, keeper, harborer, or person having charge, or securely leashed, or under “direct control” the dog shall be subject to impoundment.
  3. Direct Control, for the purpose of this section, shall mean that the dog is within sight and hearing and will respond instantly to the minimum obedience commands of “come” and “sit” or “stay”. It shall be prima facie evidence that a dog is not under the required control if such dog chases, injures or kills any person or domestic animal or damages or commits any nuisance upon property other than its owner, keeper or harborer.
    1. “Come,” the command, shall mean that the dog shall leave the position at which he is located and return to the handler when such command is given by said handler.
    2. “Sit,” the command, shall mean that the dog shall cease movement in any forward, backward, or sideways direction and shall assume a sitting position when such command is given by the handler.
    3. “Stay,” the command, shall mean that the dog shall cease movement in any forward, backward, or sideways direction and shall remain in the spot in which such command was heeded until it is released by the handler.
  4. Penalty. Whoever violates this section shall be deemed guilty of a misdemeanor and fined not more than $300 or imprisoned not exceeding 30 days
    (Ord. 346, passed 11-19-1973)

Section 4. Effective Date. That this Ordinance shall take effect from and after the earliest date permitted by law. Section 5. Open Meetings. This Council finds and determines that all formal actions of this Council concerning and relating to the passage of this Ordinance were taken in an open meeting of this Council and that all deliberations of this Council that resulted in those formal actions were in meetings open to the public in compliance with law.

Section 6. Publication. That pursuant to Ohio Revised Code Section 731.25, the Council of the Village of Riverlea hereby determines that publication of this Ordinance in a newspaper is unnecessary and does hereby determine that this Ordinance shall be published by posting copies hereof in the five following places which are determined to be the five most public places in the Village of Riverlea, Ohio:

  1. The Circle on West R iverglen Drive.
  2. The Ravine Park on West Riverglen Drive.
  3. The Northwest corner of Beverly Place and Dover Court.
  4. Lot 75 on West Riverglen Drive.
  5. Lot 7 on West Southington Avenue.

Copies of this Ordinance shall be posted continuously in the above-mentioned places for a period of fifteen (l5) days and at the expiration thereof this Ordinance shall become effective.Passed this __________day of _________________________,2009.

John A. Schaer, President of Council

ATTEST:

Pamela M. Colwell, Clerk of Council

Mary Jo Cusack, Mayor

I hereby certify that on the __________day of_________________________,2009, I posted a copy of the above Ordinance in each of the five places heretofore designated by Council as the most public places in the Village of Riverlea and that the same remained there posted continuously for fifteen (l5) days.

Pamela M. Colwell, Clerk of Council