POLICY DATABASE
Cleveland, Oh., Ord. No. 347.02 (eff. Feb. 5, 2009)
Brief Summary
The City of Cleveland updated its zoning code to allow residents to keep bees, chickens, and other farm animals on their property. The ordinance allows six animals for a 4800 square foot lot, prohibits animals so noisy that they habitually disturb the peace, and allows animals to be kept on vacant lots under certain conditions. The ordinance also required the city to conduct a review after six months to see whether complaints had been received, how many, etc., and to visit licensed sites to see how the regulations were working.
Legal Strategies
Requires something, sets standards.
Expressly allows something.
Reach
Community-wide
Food System Category: Grow, Get
State: Ohio
Jurisdiction Type: City
Jurisdiction Name: Cleveland
Does the law refer to priority populations in some way?
No.
Does the law refer to or suggest a goal related to improving or protecting health?
Yes. Applications for licenses must be made to the Public Health Dept (sec. 342.02(h)--the second (h)); "Farm animals shall be kept only in conditions that limit odors and noise and the attraction of insects and rodents so as not to cause a nuisance to occupants of nearby buildings or properties and not to cause health hazards"(Sec. 342.02(f)).
Does the law refer to or suggest a goal of fostering improved environmental conditions?
No.
Does the law refer to or suggest a goal related to promoting or supporting the community's economy?
No.
Does the law include findings (including jurisdiction-specific findings), or are there findings in the larger section, title, article, or chapter which the law is part of?
No.
Does the law have a stated intent or purpose, or is there an intent or purpose in the larger section, title, article, or chapter which the law is part of?
Yes. "The regulations of this section are established to permit the keeping of farm animals and bees in a manner that prevents nuisances to occupants of nearby properties and prevents conditions that are unsanitary or unsafe." 347.02(a).
Does the law include definitions, or are there definitions in the section, title, article, or chapter which the law is part of?
Yes. 347.02(l).
Does the law address implementation in some way?
No.
Are there enforcement provisions that identify specific penalties or consequences for non-compliance?
No.
Does the law include an evaluation component, beyond reporting on activity?
Yes. City Council shall use the report submitted by the Department of Public Health and the Department of Building and Housing to make a determination on the effectiveness of the regulations 347.02(m).
Does the law require an extra or atypical financial or resource investment?
No.
Code context and ordinance history
Uncodified ordinance updating the city's zoning code to allow for keeping of farm animals and bees in a way that will not cause a nuisance. It appears that this law has been subsequently amended. Most current, codified version is at Cleveland, Oh. Code, Part III, Land Use Code, Part IIIB, Zoning Code; Title VII, Sec. 347.02 (current through Oct. 9, 2017), http://library.amlegal.com/nxt/gateway.dll/Ohio/cleveland_oh/partthreelandusecode/partiiiblandusecode-zoningcode/titleviizoningcode/chapter347-specificusesregulated?f=templates$fn=default.htm$3.0$vid=amlegal:cleveland_oh$anc=JD_347.02.