Resolution no. 06/12#5, 2001 – A Resolution Regulating Dogs Within township

WHEREAS, it appears that there is no Hamilton County, Ohio resolution regarding the regulation of dogs within the county; and
WHEREAS, pursuant to Ohio Revised Code §955.221, the Board of Trustees has deemed it to be in the best interests of the public health, safety, and general welfare to regulate dogs within Township limits as set forth within this Resolution.
NOW, THEREFORE, BE IT RESOLVED by the Board of Trustees as follows:

  1.  Definitions
    As used within this resolution:

    1. “Premises” shall mean a privately owned parcel or lot of real property upon which
      a dwelling unit is situated
    2. “Dwelling Unit” shall mean a house or other structure in which a person or
      persons live, including a residence, condominium, apartment, or any other structure or group of structures occupied by a person, persons, or family as a place of residence or domicile.
  2.  Noise
    1. No person shall own, possess, keep, or harbor a dog or dogs which, singularly or collectively, create any noise by barking, howling, or yelping and which by reason of volume, frequency, intensity, or duration of such noise causes inconvenience and annoyance to persons of ordinary sensibilities.
    2. Prima Fade Violation
      1. It shall be a prima facie violation of division II(A) of this section if the noise from the dog or dogs is plainly audible at a distance of 50 feet or greater as measured in a straight line distance gusting from any boundary of the parcel or lot from which the noise is emanating.
      2. It shall be a prima facie violation of division II(A) of this section if the noise from the dog or dogs is emanating from within a dwelling unit where one or more other dwelling units are situated on the same parcel or lot and the noise is plainly audible within the other dwelling unit or units or in any outside or interior common areas where the dwelling units are situated.
  3.  No person shall permit the existence of a stench or a noxious odor, which exists in connection with the owning, possession, keeping, or harboring of any dog in or upon a premises or within any dwelling unit within the Township, where such stench or odor is plainly discernible by smell from any premises or dwelling unit, other than the premises or dwelling unit which is the source of the stench or odor, and which reason of frequency, intensity, or duration of the stench or noxious odor causes inconvenience and annoyance to persons of ordinary sensibilities.
  4.  No person shall permit the accumulation of dog feces or other dog waste in or upon the premises or within any dwelling unit within the Township in which any dog is owned, possessed, kept, or harbored so as to create a substantial risk of endangering the public health or the health of the occupiers of the dwelling unit.
  5.  No person shall own, possess, keep or harbor more than three dogs, excluding puppies under three months old, in or upon a premises or within any dwelling unit within the Township, unless the property zoning lot upon which the dogs are owned, possessed, kept or harbored have a minimum area of 4,000 square feet for each dog on such zoning lot.
  6.  This resolution shall not apply in any instance where a dog is actually in the field and engaged in hunting or engaged in legitimate training for such purpose while accompanied by a licensed hunter.
  7.  Pursuant to Rev. Code §955.99(i), whoever violates this resolution is guilty of a minor misdemeanor as punishable under Ohio law, including but not limited to a fine of 5100 for each violation plus court costs for each day of a violation.