Loading...
(a) A police officer or animal warden may impound every dog or other animal found in violation of § 618.01. If the impounded dog is not wearing a valid registration tag, the dog shall forthwith be turned over to an officer charged by law with the custody and disposal of such dogs. If the dog is wearing a valid registration tag or the identity of the owner or harborer is otherwise established, notice shall immediately be given to the owner or harborer that the dog has been impounded. Notice may be by telephone or by ordinary mail to the last known address of the owner or harborer. The dog shall not be released except upon the payment of reasonable expenses for its taking and keeping. Any dog not redeemed within three days of the time it is seized or impounded may be sold or otherwise disposed of as provided by R.C. § 955.16.
(b) A record of all dogs impounded, the disposition of the same, the owner’s name and address, if known, and a statement of any costs or receipts involving the dog shall be kept.
(Prior Code, § 618.14)
(a) The definitions and provisions as set forth in R.C. § 955.11 shall apply inside the city, with the exception of R.C. § 955.11(D), which shall be construed to include vicious dogs in addition to dangerous dogs.
(b) Notwithstanding the foregoing, “without provocation” in §§ 618.17 and 618.19 shall mean that a dog was not teased by a person or animal, tormented by a person or animal, 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.
(Prior Code, § 618.17) (Ord. 126-2015, passed 10-13-2015)
(b) The Police Chief shall have authority to determine whether a dog is a nuisance dog, dangerous dog or vicious dog. This determination may be based upon an investigation that includes observation of and testimony about the dog’s behavior, including the dog’s upbringing and the owner’s or keeper’s control of the dog, and other relevant evidence as determined by the Police Chief. These observations and testimony can be provided by any witness who personally observed the behavior. Such witness shall sign a written statement attesting to the observed behavior and agree to provide testimony regarding the dog’s behavior. Forms for providing witness testimony shall be made available at the Police Department.
(c) Upon reasonable determination by the Police Chief that a dog is a nuisance dog, dangerous dog or vicious dog, the Police Chief shall give the dog’s owner or keeper written notice by certified mail or personal service. The notice shall state:
(1) The description of the dog;
(2) The level of classification;
(3) The facts upon which the classification is based;
(4) The availability of a hearing to object to the classification and instructions to request that hearing;
(5) The restrictions placed on the dog as a result of the classification;
(6) The penalties for violation of the restrictions; and
(7) The availability of declassification procedures.
(d) Upon receipt of notice of the dog’s classification as a nuisance dog, dangerous dog or vicious dog pursuant to division (c) of this section, the owner or keeper shall comply with the restrictions specified in § 618.19.
(e) If the owner, keeper, or harborer of the dog disagrees with the designation of the dog as a nuisance dog, dangerous dog or vicious dog, as applicable, the owner, keeper or harborer may request a hearing regarding the determination pursuant to R.C. § 955.222.
(Prior Code, § 618.18) (Ord. 126-2015, passed 10-13-2015)
(a) As used in this section, “serious injury” has the same meaning as in R.C. § 955.11.
(b) Upon a resultant death or serious injury of a domestic animal or human, the Police Department shall have the authority but not the duty, in the interest of public safety, to seize the killing/seriously injuring dog and impound it. Any person keeping or harboring a dog sought to be impounded shall give possession of such dog to a police officer or health officer upon demand.
(c) If a dangerous or vicious dog aggressively bites any person or domestic animal, the Police Department shall have the authority but not the duty, in the interest of public safety, to seize the offending dog and impound it. Any person keeping or harboring a dog sought to be impounded shall give possession of such dog to a police officer or health officer upon demand.
(d) The owner, keeper or harborer of the dog shall be responsible for any and all costs associated with the housing of the dog.
(e) A dog impounded pursuant to division (b) of this section shall remain impounded until there has been a final determination as to the dog’s classification or until the owner or keeper provides satisfactory proof to the Police Chief that they have complied with all applicable provisions of § 618.19 and renders payment for the costs of housing the dog. Upon a final determination, the owner or keeper of an impounded dog shall claim it within 14 calendar days by rendering proof to the Police Chief that they have complied with all applicable provisions of §618.19 and payment for the costs of housing the dog. If the dog is not claimed pursuant to the foregoing provisions, the city may dispose of the dog at its discretion.
(f) A dog impounded pursuant to division (c) of this section shall remain impounded until the court makes a final determination as to whether a violation of § 618.20 has occurred or until the owner or keeper provides satisfactory proof to the Police Chief that they have complied with all applicable provisions of § 618.19 and renders payment for the costs of housing the dog. Upon a final determination, the owner or keeper of an impounded dog shall claim it within 14 calendar days by rendering proof to the Police Chief that they have complied with all applicable provisions of § 618.19 and payment for the costs of housing the dog. If the dog is not claimed pursuant to the foregoing provisions, the city may dispose of the dog at its discretion.
(g) Whoever violates division (b) or (c) of this section by refusing or otherwise purposefully failing to give possession of a dog that the Police Department is authorized by such divisions to seize and impound is guilty of a second degree misdemeanor and shall be subject to the penalty provided in § 698.02.
(Prior Code, § 618.19) (Ord. 126-2015, passed 10-13-2015)
(a) As used in this section, “nuisance dog”, “dangerous dog”, and “vicious dog” have the same meaning as in R.C. §
955.11
.
(b) No owner, keeper or harborer of a nuisance dog shall fail to do the following:
(1) While the dog is on the premises of the owner, keeper or harborer, so as to prevent it from causing injury to any person or domestic animal:
A. Securely confine the dog indoors;
B. Securely confine the dog in a locked pen which has a secured top and keep the dog under direct supervision by a person who is of sufficient size and strength to control the dog;
C. Securely confine the dog in a locked fenced yard, which fence is at least six feet tall, and keep the dog under direct supervision by a person who is of sufficient size and strength to control the dog; or
D. Keep the dog restrained by a non-retractable tether or a leash no longer than six feet in length and have the leash or tether controlled by a person who is of sufficient size and strength to control the dog or securely attach, tie or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such person in close proximity.
(2) While the dog is off the premises of the owner, keeper or harborer, so as to prevent it from causing injury to any person or domestic animal:
A. Keep the dog restrained by a non-retractable tether or a leash no longer than six feet in length and have the leash or tether controlled by a person who is of sufficient size and strength to control the dog or securely attach, tie or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such person in close proximity; and
B. Identify the dog with a leash, collar, harness, vest or other garment that is colored neon yellow, without patterns or other adornments except designs intended to increase visibility of the dog at night. The identifying garment shall be visible and identifiable to an ordinary person from at least 15 feet away so as to provide reasonable warning to that person about the dog’s classification.
(3) Post and display on the premises where the nuisance dog is kept a conspicuous and legible sign visible from all areas of customary or actual public access warning the public that there is a nuisance dog on the premises. Such sign shall be at least eight inches by ten inches in rectangular dimensions and shall contain only the words “NUISANCE DOG” in lettering not less than two inches in height. Such sign shall also include a visual symbol for any children or people who cannot read words. All signs in residential areas must be set back from the front property line a minimum of five feet. All signs are to be purchased from the city.
(4) Within ten calendar days of the notice of classification, provide the Police Department with an identifying color photograph of the dog and microchip information if the dog is microchipped.
(5) Notify the Police Department immediately if the dog is loose or unconfined or has aggressively bitten a human or a domestic animal.
(6) Notify the Police Department in writing within five calendar days if the dog is transferred to another owner or keeper or dies. If the dog is transferred to another owner, the written notice shall include the name, address and phone number of the transferee.
(7) Notify veterinarians, veterinary staff, groomers and other members of the public who come into direct contact with the designated dog that the dog has been designed as a nuisance dog prior to such contact.
(8) Maintain a policy of 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 $10,000 because of damage or bodily injury to or death of a person or animal caused by the dog. Such insurance must be obtained within 14 calendar days of the final determination of the dog as a nuisance dog. The owner of any nuisance dog shall provide a copy of the policy for liability insurance to the Police Chief on a yearly basis.
(c) No owner, keeper or harborer of a dangerous or vicious dog shall fail to do the following:
(1) While the dog is on the premises of the owner, keeper or harborer, so as to prevent it from causing injury to any person or domestic animal, securely confine it at all times:
A. In a locked pen that has a secured top, under the direct supervision of a person who is at least 18 years of age and of sufficient size and strength to control the dog;
B. In a locked, fenced yard, which fence is located in the rear yard with self-closing/ self- latching gates on any openings of the fenced yard, at least six feet tall, and restrained by a leash or tether no longer than ten feet in length controlled by a person who is at least 18 years of age and of sufficient size and strength to control the dog or securely attach, tie or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such person in close proximity; or
C. In any other locked enclosure that has a secured top, including a house. If the dog is confined in any other locked enclosure that has a top outdoors, keep the dog under the direct supervision of a person who is at least 18 years of age and of sufficient size and strength to control the dog.
(2) While that dog is off the premises of the owner, keeper or harborer, so as to prevent it from causing injury to any person or domestic animal:
A. Muzzle the dog with a muzzle made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but allows the dog to eat and drink and prevents it from biting any person or animal, and also keep the dog restrained by a chain-link leash or tether no longer than six feet in length controlled by a person who is at least 18 years of age and of sufficient size and strength to control the dog or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such person in close proximity;
B. Keep the dog in a locked fenced yard, which fence is located in the rear yard with self- closing/self-latching gates on any openings of the fenced yard, at least six feet tall, and restrained by a leash or tether no longer than ten feet in length and have the leash or tether controlled by a person who is at least 18 years of age and of sufficient size and strength to control the dog or securely attach, tie or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such person in close proximity;
C. Keep the dog in a locked pen that has a secure top, under the direct supervision of a person who is at least 18 years of age and of sufficient size and strength to control the dog; or
D. Keep the dog in another locked enclosure that has a secure top, including a house. If the dog is confined in an other locked enclosure that has a top outdoors, keep the dog under the direct supervision of a person who is at least 18 years of age and of sufficient size and strength to control the dog.
(d) No owner, keeper or harborer of a dangerous or vicious dog shall fail to identify the dog at all times with a leash, collar, harness, vest or other garment that is colored neon yellow, without patterns or other adornments except designs intended to increase visibility of the dog at night. While the dog is off the premises of the owner, keeper or harborer, the identifying garment shall be visible and identifiable to an ordinary person from at least 15 feet away so as to provide reasonable warning to that person about the dog’s classification and to prevent the dog from causing injury to any person or domestic animal.
(e) No owner, keeper, or harborer of a dangerous or vicious dog shall fail to do the following:
(1) Maintain a policy of 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 $100,000 for a dangerous or vicious dog because of damage or bodily injury to or death of a person or animal caused by the dog. Such insurance must be obtained within 14 calendar days of the final determination of the dog as a dangerous or vicious dog. The owner or keeper of any dangerous or vicious dog shall provide a copy of the policy for liability insurance to the Police Chief on a yearly basis and provide proof of that liability insurance upon request to any law enforcement officer, county dog warden, or public health official charged with enforcing this section.
(2) Obtain a dangerous dog registration certificate from the County Auditor pursuant to R.C. § 955.22(I) within 14 calendar days of the final determination of the dog as a dangerous or vicious dog, affix a tag that identifies the dog as a dangerous or vicious dog to the dog’s collar, ensure that the dog wears the collar and tag at all times, and present the dangerous dog registration certificate upon being requested to do so by any law enforcement officer, dog warden, animal warden or control officer, or public health official, including evidence that the dog has been microchipped, rabies vaccinated, and neutered or spayed, unless a licensed veterinarian determines that neutering or spaying of the dog is medically contraindicated.
(3) Notify the local dog warden and Police Department immediately if any of the following occurs:
A. The dog is loose or unconfined;
B. The dog bites a person, unless the dog is on the property of the owner of the dog, and the person who is bitten is unlawfully trespassing or committing a criminal act within the boundaries of that property;
C. The dog attacks another animal while the dog is off the property of the owner of the dog; or
D. The dog is sold, given to another person, or dies, within ten calendar days of the sale, transfer or death, and also notify the County Auditor.
(4) Post and display on the premises where the dangerous or vicious dog is kept a conspicuous and legible sign visible from all areas of customary or actual public access warning the public that there is a dangerous or nuisance dog on the premises. Such sign shall be at least eight inches by ten inches in rectangular dimensions and shall contain only the words “DANGEROUS DOG” or “VICIOUS DOG” in lettering not less than two inches in height. Such sign shall also include a visual symbol for any children or people who cannot read words. All signs in residential areas must be setback from the front property line a minimum of five feet. All signs are to be purchased from the city.
(5) Within ten calendar days of the notice of classification, provide the Police Department with an identifying color photograph of the dog.
(6) Notify veterinarians, veterinary staff, groomers and other members of the public who come into direct contact with the designated dog that the dog has been designed as a dangerous or vicious dog prior to such contact.
(7) Successfully complete a dog obedience or behavior modification course that includes a minimum of six hours of in-person professional training or behavior modification within 90 calendar days of the final determination of the dog as a dangerous or vicious dog and provide proof of completion to the Police Chief.
(8) Consent to an inspection of the property where the dog is kept, other than within any private structure unless otherwise authorized by law, by the Police Chief for the purpose of determining compliance with the requirements of this section.
(f) No person shall do any of the following:
(1) Debark or surgically silence a dog that the person knows or has reason to believe is a dangerous or vicious dog;
(2) Possess a dangerous or vicious dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced; or
(3) Falsely attest on a waiver form provided by the veterinarian under R.C. § 955.22(F) that the person’s dog is not a dangerous or vicious dog or otherwise provide false information on that written waiver form. It is an affirmative defense to a charge of a violation of this division (f) that the veterinarian who is charged with the violation obtained, prior to debarking or surgically silencing the dog, a written waiver form that complies with R.C. § 955.22(F) and that attests that the dog is not a dangerous or vicious dog.
(g) Penalties.
(1) Whoever violates this section when the violation involves a nuisance dog is guilty of a misdemeanor of the fourth degree on the first offense, a misdemeanor of the third degree on the second offense, and a misdemeanor of the first degree on the third or any subsequent offense.
Notwithstanding the foregoing penalties, if the dog aggressively bites a domestic animal or human without provocation as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. Additionally, the court shall order the offender to complete dog obedience training within a specified period of time and provide written proof thereof to the Police Chief.
(2) Whoever violates this section when the violation involves a dangerous dog is guilty of a misdemeanor of the third degree on the first offense, a misdemeanor of the second degree on the second offense, and a misdemeanor of the first degree on the third or any subsequent offense.
Notwithstanding the foregoing penalties, if the dog aggressively bites a domestic animal or human without provocation as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. Additionally, the court shall order the offender to complete dog obedience training within a specified period of time and provide written proof thereof to the Police Chief. The court may further impose reasonable terms, conditions and restrictions deemed necessary to protect the public health, safety and welfare.
Notwithstanding the foregoing penalties, if the dog kills a domestic animal or causes serious injury to a human as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. The court may impose reasonable terms, conditions and restrictions deemed necessary to protect the public health, safety and welfare, including imposing additional keeping requirements on the dog while it is kept or harbored within the city, requiring the owner, keeper or harborer of the dog to temporarily or permanently remove the dog from being kept or harbored in the city, or requiring humane euthanasia of the dog by a licensed veterinarian.
(3) Whoever violates this section when the violation involves a vicious dog is guilty of a misdemeanor of the second degree on the first offense, a misdemeanor of the first degree on the second offense or any subsequent offense.
Notwithstanding the foregoing penalties, if the dog aggressively bites a domestic animal or human without provocation as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. Additionally, the court shall order the offender to complete dog obedience training within a specified period of time and provide written proof thereof to the Police Chief. The court may further impose reasonable terms, conditions and restrictions deemed necessary to protect the public health, safety and welfare.
Notwithstanding the foregoing penalties, if the dog kills domestic animal or causes serious injury to a human as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. The court may impose reasonable terms, conditions and restrictions deemed necessary to protect the public health, safety and welfare, including humane euthanasia of the dog by a licensed veterinarian.
Notwithstanding the foregoing penalties, it is a felony to be prosecuted under appropriate state law if the dog kills a person as a result of a violation of R.C. § 955.22(C). The penalties in this section shall not apply whenever the conduct proscribed in this section constitutes a felony under R.C. § 955.99.
(Prior Code, § 618.20) (Ord. 126-2015, passed 10-13-2015; Ord. passed 165-2016, passed 12-12-2016)
(a) Definitions.
(1) Classification of a dog as a potential nuisance dog shall be based upon specific behaviors exhibited by the dog. For purposes of this section, behaviors establishing various levels of a potential nuisance dog are the following:
A. Level 1 classification is established if a dog off the premises of its owner, keeper or harborer aggressively bites any domestic animal without provocation.
B. Level 2 classification is established if a dog off the premises of its owner, keeper or harborer displays threatening or aggressive behavior toward or otherwise threatens or endangers the safety of any animal without provocation, or if a dog on the premises of its owner, keeper or harborer displays threatening or aggressive behavior toward or otherwise threatens or endangers the safety of any domestic animal or person without provocation.
(2) References to “designated dog” or “classified dog” in this section shall mean a dog classified as a Level 1 or Level 2 potential nuisance dog.
(b) The Police Chief shall have authority to determine whether a dog has engaged in the behaviors specified in divisions (a)(1)A. and (a)(1)B. This determination may be based upon an investigation that includes observation of and testimony about the dog’s behavior, including the dog’s upbringing and the owner’s or keeper’s control of the dog, and other relevant evidence as determined by the Police Chief. These observations and testimony can be provided by any witness who personally observed the behavior. Such witness shall sign a written statement attesting to the observed behavior and agree to provide testimony regarding the dog’s behavior. Forms for providing witness testimony shall be made available at the Police Department.
(c) Upon reasonable determination by the Police Chief that a dog has engaged in a behavior specified in divisions (a)(1)A. and (a)(1)B., the Police Chief shall give the dog’s owner or keeper written notice by certified mail or personal service. The notice shall state:
(1) The description of the dog;
(2) The level of classification;
(3) The facts upon which the classification is based;
(4) The availability of a hearing to object to the classification;
(5) The restrictions placed on the dog as a result of the classification;
(6) The penalties for violation of the restrictions; and
(7) The availability of declassification procedures.
(d) Upon receipt of notice of the dog’s classification as a Level 1 or 2 potential nuisance dog pursuant to division (c) of this section, the owner or keeper shall comply with the restrictions as specified in § 618.21.
(e) Notwithstanding divisions (b) through (d) of this section, the Police Chief shall have discretionary authority to refrain from classifying a dog as a potential nuisance dog, even if the dog has engaged in the behaviors specified in divisions (a)(1)A. and (a)(1)B. of this section, if the Police Chief determines that the behavior was not unprovoked or other similar mitigating or extenuating, circumstances existed.
(f) If a dog is classified pursuant to division (c) of this section, the owner or keeper of the dog shall have the right to an administrative hearing to object to the designation pursuant to § 618.24. At hearing, the Police Chief must show, by a preponderance of the evidence, that the designated dog is a Level 1 or Level 2 potential nuisance dog.
(Prior Code, § 618.21) (Ord. 132-2015, passed 10-13-2015)
(a) No owner, keeper, or harborer of any Level 1 or 2 potential nuisance dog shall fail to do the following:
(1) While the dog is on the premises of the owner, keeper or harborer, so as to prevent it from causing injury to any person or domestic animal:
A. Securely confine the dog indoors;
B. Securely confine the dog in a locked pen which has a secured top and keep the dog under direct supervision by some person who is of sufficient size and strength to control the dog;
C. Securely confine the dog in a locked fenced yard, which fence is located in the rear yard with self-closing/self-latching gates on any openings of the fenced yard, at least six feet high, and keep the dog under direct supervision by a person who is of sufficient size and strength to control the dog; or
D. Keep the dog restrained by a non-retractable leash or tether no longer than six feet in length and have the leash or tether controlled by a person who is of sufficient size and strength to control the dog or securely attach, tie or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such person in close proximity.
(2) While the dog is off the premises of the owner, keeper or harborer, so as to prevent it from causing injury to any person or domestic animal:
A. Keep the dog restrained by a non-retractable tether leash or a leash no longer than six feet in length and have the leash or tether controlled by a person who is of sufficient size and strength to control the dog or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such person in close proximity; and
B. Identify the dog as a potential nuisance dog with a leash, collar, harness, vest or other garment that is colored neon yellow, without patterns or other adornments except designs intended to increase visibility of the dog at night. The identifying garment shall be visible and identifiable to an ordinary person from at least 15 feet away so as to provide reasonable warning to that person about the dog’s classification.
(3) Post and display on the premises where the potential nuisance dog is kept a conspicuous and legible sign visible from all areas of customary or actual public access warning the public that there is a Level 1 or 2 potential nuisance dog on the premises. Such sign shall be at least eight inches by ten inches in rectangular dimensions and shall contain only the words “LEVEL 1 THREAT DOG” or “LEVEL 2 THREAT DOG” in lettering not less than two inches in height. Such sign shall also include a visual symbol for any children or people who cannot read words. All signs in residential areas must be set back from the front property line a minimum of five feet. All signs are to be purchased from the city.
(4) Within ten calendar days of the notice of classification, provide the Police Department with an identifying color photograph of the dog and microchip information if the dog is microchipped.
(5) Notify the Police Department immediately if the dog is loose or unconfined or has aggressively bitten a human or another domestic animal.
(6) Notify the Police Department in writing within five calendar days if the dog is transferred to another owner or keeper or dies. If the dog is transferred to another owner, the written notice shall include the name, address and phone number of the transferee.
(7) Notify veterinarians, veterinary staff, groomers and other members of the public who come into direct contact with the designated dog that the dog has been designed as a Level 1 or Level 2 potential nuisance dog prior to such contact.
(b) In addition to the provisions of division (a) of this section, no owner or keeper of any Level 1 potential nuisance dog shall fail to do the following:
(1) Muzzle the dog while the dog is off the premises of the owner, keeper or harborer. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal;
(2) Microchip the dog within 14 calendar days of the final determination of the dog as Level 1 potential nuisance dog and provide the microchip information to the Police Chief upon demand;
(3) Vaccinate the dog for rabies yearly and provide proof of vaccination to the Police Chief upon demand;
(4) Neuter or spay the dog within 14 calendar days of the final determination of the dog as Level 1 potential nuisance dog, unless a licensed veterinarian determines that neutering or spaying of the dog is medically contraindicated, and provide proof of alteration or exemption to the Police Chief upon demand; and
(5) Maintain a policy of 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 $10,000 because of damage or bodily injury to or death of a person or animal caused by the dog. Such insurance must be obtained within 14 calendar days of the final determination of the dog as a Level 1 potential nuisance dog. The owner of any Level 1 potential nuisance dog shall provide a copy of the policy for liability insurance to the Police Chief on a yearly basis.
(c) Notwithstanding divisions (a) and (b) of this section, the Police Chief shall have the discretion to decrease or increase a classified dog’s restrictions at the time of classification based upon relevant circumstances and may order the owner or keeper to complete dog obedience training within a specified period of time. The Police Chief shall notify the owner or keeper of any modifications to the restrictions in writing.
(d) Whoever violates this section when the violation involves a Level 2 potential nuisance dog is guilty of a misdemeanor of the fourth degree on the first offense, a misdemeanor of the third degree on the second offense, and a misdemeanor of the first degree on the third or any subsequent offense. Notwithstanding the foregoing penalties, if a domestic animal or human is aggressively bitten by the dog without provocation as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. Additionally, the court shall order the offender to complete dog obedience training within a specified period of time and provide written proof thereof to the Police Chief.
(e) Whoever violates this section when the violation involves a Level 1 potential nuisance dog is guilty of a misdemeanor of the third degree on the first offense, a misdemeanor of the second degree on the second offense, and a misdemeanor of the first degree on the third or any subsequent offense. Notwithstanding the foregoing penalties, if a domestic animal or human is aggressively bitten by the dog without provocation as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. Additionally, the court shall order the offender to complete dog obedience training within a specified period of time and provide written proof thereof to the Police Chief.
(Prior Code, § 618.22) (Ord. 132-2015, passed 10-13-2015)
(a) Level 2 potential nuisance dogs shall be declassified when, for a period of one year following the classification, there have been no further Level 2 behaviors demonstrated or violations of § 618.21.
(b) Level 1 potential nuisance dogs and nuisance dogs shall be declassified when, for a period of one year following the classification, there have been no Level 1 or Level 2 behaviors demonstrated or violations of § 618.21 or R.C. § 955.22, and the owner or keeper has satisfactorily completed obedience training for the dog classified.
(c) Dangerous dogs shall be declassified when, for a period of four years following the classification, there have been no Level 1, Level 2, nuisance dog or dangerous dog behaviors demonstrated or violations of § 618.19 or R.C. § 955.22, and the owner or keeper has satisfactorily completed obedience training for the dog classified and has passed the American Kennel Club “Canine Good Citizen” test.
(d) The owner or keeper of the dog seeking declassification shall file a written application with the Police Department that demonstrates satisfaction of all required declassification conditions.
(e) Upon declassification, the restrictions for dogs classified as a Level 1 or 2 potential nuisance dog or nuisance dog shall be removed and restrictions on dogs classified as a dangerous dog shall be removed, with the exception of the insurance requirements.
(f) Upon reasonable determination by the Police Chief that a dog meets the requirements for declassification, the Police Chief shall give the dog’s owner or keeper written notice by certified mail or personal service.
(g) If the Police Chief denies the declassification application, the Police Chief shall give the dog’s owner or keeper written notice by certified mail or personal service notifying the owner or keeper of the right to object to that determination pursuant to § 618.24. At hearing, the dog’s owner or keeper must show, by clear and convincing evidence, that all condition of declassification have been satisfied.
(h) If a declassification application is denied, the owner or keeper may reapply for declassification after a period of six months has elapsed.
(Prior Code, § 618.23) (Ord. 132-2015, passed 10-13-2015)
(a) Any person desiring to bring a dog to live in the city which has been previously declared to be a nuisance dog, dangerous dog, vicious dog or similar designation in another jurisdiction, under the provisions of R.C. §§
955.11
et seq., or comparable local ordinance, must notify the Police Department prior to moving the dog to the city.
(b) The Police Chief shall have authority to determine whether a previously classified dog has engaged in the behaviors specified in §§ 618.16 or 618.20. This determination may be based upon an investigation that includes observation of and testimony about the dog’s behavior, including the dog’s upbringing and the owner’s or keeper’s control of the dog, and other relevant evidence as determined by the Police Chief. The owner or keeper of the dog shall provide the Police Chief with all information requested related to that dog.
(1) The description of the dog;
(2) The level of classification;
(3) The facts upon which the classification is based;
(4) The availability of a hearing to object to the classification;
(5) The restrictions placed on the dog as a result of the classification;
(6) The penalties for violation of the restrictions; and
(7) The availability of declassification procedures.
(e) If a dog is classified pursuant to division (c) of this section, the owner or keeper of the dog shall have the right to an administrative hearing to object to the designation pursuant to § 618.24. At hearing, the dog’s owner or keeper must show, by clear and convincing evidence, that the classification as determined by the Police Chief does not match the dog’s previous behavior or classification.
(f) Whoever violates division (a) of this section is guilty of a second degree misdemeanor and shall be subject to the penalty provided in § 698.02.
(Prior Code, § 618.24) (Ord. 132-2015, passed 10-13-2015)
Loading...