(a) As used in this section:
(1) An animal is deemed to be a dangerous animal when:
A. It has, without provocation, caused serious injury to a human being or domestic animal; or
B. It has been designated to be a dangerous animal after a hearing by the Lorain County Animal Warden; and
C. The public safety can be protected by the owner, keeper or harborer of the animal exercising reasonable control over the animal. (Ord. 03-42. Passed 3-24-03.)
(2) "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) "Police dog" means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.
(4) An animal is deemed to be a vicious animal when:
A. It has, without provocation, caused serious injury to a human being or domestic animal; or
B. It has been designated to be a vicious animal after a hearing by the Lorain County Animal Warden; and
C. The public safety cannot be protected by the owner, keeper or harborer of the animal exercising reasonable control over the animal.
(Ord. 03-42. Passed 3-24-03.)
(5) "Without provocation" means that a dog was not teased, tormented or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(ORC 955.11)
(b) Except when a dangerous or vicious dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of a dangerous or vicious dog shall fail to do either of the following:
(1) While that dog is on the premises of the owner, keeper or harborer, securely confine it at all times in a building, in a locked pen that has a top, locked fenced yard or other locked enclosure that has a top, except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained;
(2) While that dog is off the premises of the owner, keeper or harborer, keep that dog on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:
A. Keep that dog in a locked pen that has a top, locked fenced yard or other locked enclosure that has a top;
B. Have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie or affix the leash or tether to the ground or stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person;
C. Muzzle that dog.
(c) No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than one-hundred thousand dollars ($100,000) because of damage or bodily injury to or death of a person caused by the vicious dog. (Ord. 99-141. Passed 11-8-99.)
(d) If a violation of subsection (b) hereof involves a dangerous dog, whoever violates that subsection is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense. Additionally, the court may order the offender to personally supervise the dangerous dog that he owns, keeps or harbors, to cause that dog to complete dog obedience training, or to do both, and the court may order the offender to obtain liability insurance pursuant to subsection (c) hereof. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the Dog Warden or the humane society.
(e) If a violation of subsection (b) hereof involves a vicious dog, whoever violates that subsection is guilty of one of the following:
(1) A misdemeanor of the first degree on a first offense. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the Dog Warden or the humane society.
(2) A misdemeanor of the first degree if the dog causes injury other than killing or serious injury, to any person.
(f) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree.
(ORC 955.99; Ord. 87-88. Passed 12-14-87.)
(g) Impoundment.
(1) Any police officer or health officer, including the Lorain County Animal Warden, shall have the authority but not the duty to summarily and immediately impound any animal which has attacked, bitten or otherwise injured any human being or domestic animal, or which has a known propensity, tendency or disposition, without provocation, to attack, cause injury or otherwise threaten the safety of human beings or domestic animals.
(2) When damage is imminent, any such officer may enter and inspect private property to enforce this chapter.
(3) Any person keeping or harboring an animal sought to be impounded shall surrender such animal to a police officer or health officer upon demand.
(4) If an animal cannot be safely taken up and impounded, it may be slain forthwith by a police officer or health officer.
(5) Whoever violates this section shall be subject to the penalties provided in subsection (e).
(h) Alternative Confinement.
(1) In lieu of an animal being impounded, the Animal Warden may direct that the animal be confined at the owner’s or custodian’s expense, either in an approved veterinary facility, at the owner’s or custodian’s residence or outside the City. In such case, the owner, keeper or harborer shall not remove the animal from the veterinary facility or residence or bring the animal into the City without the prior written approval of the Lorain County Animal Warden, and shall make the animal available for observation and inspection by police officers and health officers of the City, including the Lorain County Animal Warden.
(2) The Lorain County Animal Warden may have such impounded or confined animal permanently identified by photo and other identification.
(3) Whoever violates this section shall be subject to the penalties provided in subsection (e). The court shall order the payment of veterinarian fees and other costs associated with the attack by a dangerous or vicious animal on another animal or human.
(Ord. 03-42. Passed 3-24-03.)