618.15 DANGEROUS AND VICIOUS DOGS.

   (a)    As used in this section:

      (1)    A.    "Dangerous dog" means a dog that, without provocation, and subject to subsection (a)(l)B. hereof, has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper or harborer and not under the reasonable control of its owner, keeper, harborer or some other responsible person, or on the premises of its owner, keeper or harborer but is not physically restrained or confined in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top.

         B.    "Dangerous dog" does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person or other animal while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.

      (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)    A.    "Vicious dog" means a dog that, without provocation and subject to subsection (a)(4)B. hereof, meets any of the following:

            1.    Has killed or caused injury to any person;

            2.    Has caused injury to or killed a domesticated animal;

         B.    "Vicious dog" does not include either of the following:

            1.    A police dog that has killed or caused injury to any person or animal while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;

            2.    A dog that has killed or caused injury to any person while that person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.

      (5)    "Without provocation" means that a dog was not encouraged, teased, tormented or abused by a person, or that the dog was not coming to the aid 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)    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 which has a top, locked fenced yard or other locked enclosure which 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; and

      (2)    While that dog is off the premises of the owner, keeper or harborer, keep it 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 which has a top, locked fenced yard or other locked enclosure which has a top;

         B.    Have the leash or tether controlled by a person who is of suitable age, capability and discretion or securely attach 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 fifty thousand dollars ($50,000) because of damage or bodily injury to or death of a person or animal caused by the vicious dog.

(ORC 955.22)

   (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 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.

   (f)   Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree. (ORC 955.99; Ord. 1987-122. Passed 12-28-87.)