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618.01  DOGS AND OTHER ANIMALS RUNNING AT LARGE.
   (a)   No person who is the owner or keeper of horses, mules, cattle, sheep, goats, swine, dogs, geese or other fowl or animals shall permit them to run at large upon any public way or upon unenclosed land.
   (b)   No person who is the owner of or in charge or control of a cat shall permit or allow, by any means or in any manner, such cat to go or remain upon any public street or ground within the City, except when under such control as to prevent such cat from entering private property or from chasing or attacking any person or domestic animal.
   (c)   Except when a dog is lawfully engaged in hunting and accompanied by the owner, keeper, or harborer of the dog, no owner, keeper, or harborer of any dog shall fail at any time to do either of the following:
      (1)   Keep the dog physically confined or restrained upon the premises of the owner, keeper, or harborer by a leash, tether, adequate locked fence, which fence is located in the rear yard with self-closing/self-latching gates on any openings of the fenced yard, supervision of some person, or secure enclosure to prevent such dog from escaping or from injuring any person or domestic animal;
      (2)   Keep the dog under the reasonable control of some person and restrained by a leash or tether no longer than six feet in length when off the premises of the owner to prevent such dog from entering private property, escaping, or from injuring any person or animal.
   (d)   The running at large of any such animal in or upon any of the places mentioned in this section is prima facie evidence that it is running at large in violation of this section.
   (e)   A cat found running at large shall be impounded by the Municipal Animal Warden or any police officer, kept in an animal shelter and confined in a humane manner. Immediately upon impounding, every reasonable effort shall be made to ascertain and notify the owner of the conditions whereby custody of the cat may be regained. A cat not claimed by its owner within five full days after impounding shall become the property of the City, regardless of whether or not the owner is ascertained and notified as provided in this subsection.
   (f)   The owner of a cat so impounded may reclaim such animal upon presentation of proof of ownership, upon execution of a form wherein the Municipality is released from any liability for any damage or injury to the cat being reclaimed, and wherein the Municipality is indemnified for any claim by another person regarding ownership, damages or injury to the cat being reclaimed, upon execution of a statement under oath or affirmation stating that the affiant is the true and legal owner of such cat and upon payment of an impounding fee and boarding charge as set forth in Chapter 208 of the Administration Code, the General Fee Schedule.
   (g)   References to "aggressively bite" in Sections 618.01 through 618.26 shall mean any bite, not committed in play, that causes a physical injury, including a bruise, puncture, tearing of the skin, or laceration.
   (h)   References to "unprovoked" or "without provocation" in this section and Sections 618.21 through 618.22 shall mean that the dog was not:
      (1)   Being abused, teased, tormented, or physically threatened or injured by a person;
      (2)   Being abused or physically threatened or injured by an animal;
      (3)   Being aggressively teased or tormented by an animal;
      (4)   Directing its behavior at a trespasser on the property of its owner, keeper, or harborer;
      (5)   Reasonably coming to the defense of a human or domestic animal within the immediate vicinity of the dog and under perceived threat; or
      (6)   Directing its behavior at a domestic animal that was running at large and unattended by some person.
   (i)   References to "classified dog" in this section shall mean a dog that has been previously classified as a potential nuisance dog, nuisance dog, dangerous dog, or vicious dog pursuant to this Code, or similar designation in another jurisdiction, under the provisions of Ohio R.C. 955.11 et seq. or comparable local ordinance.
   (j)   Penalties.
      (1)   Whoever violates this section, where the animal at large is not a classified dog, is guilty of a minor misdemeanor on the first offense, a misdemeanor of the fourth degree on the second offense, and a misdemeanor of the second degree on the third or any subsequent offense. Whoever violates this section shall be fined not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00) on a first offense, and on each subsequent offense shall be fined not less than seventy-five dollars ($75.00) or more than two hundred fifty dollars ($250.00) and may be imprisoned for not more than 30 days.
      (2)   Notwithstanding division (j)(1) of this section, where the animal at large is not a classified dog and the animal aggressively bites a domestic animal without provocation as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the third degree. Additionally, where a violation of this section involves a dog, the court may order the offender to complete dog obedience training within a specified period of time and provide written proof thereof to the Police Chief.
      (3)   Notwithstanding division of this section, where the animal at large is not a classified dog and the animal aggressively bites a human without provocation as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the second degree. Additionally, where a violation of this section involves a dog, the court may order the offender to complete dog obedience training within a specified period of time and provide written proof thereof to the Police Chief.
      (4)   Notwithstanding division (j)(1) of this section, where the animal at large is not a classified dog and the animal aggressively bites a human or domestic animal without provocation and causes serious injury as defined by Ohio R.C. 955.11(A)(5), as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. Additionally, where a violation of this section involves a dog, the court may order the offender to complete dog obedience training within a specified period of time and provide written proof thereof to the Police Chief.
(Ord. 132-2015. Passed 10-13-15.)