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(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)
(a) If a dog is classified pursuant to §§ 618.20 or 618.23, or is denied declassification pursuant to § 618.22, the owner or keeper of the dog shall have the right to an administrative hearing to object to the determination. The hearing shall be heard by the Director of Public Safety. An owner or keeper has ten calendar days from the date listed on the written notice of the determination to inform the Director of Public Safety in writing that a hearing is requested. The Director of Public Safety will schedule the hearing and notify the party requesting the hearing in writing of the time, date, and location of the hearing.
(b) The objection hearing shall be conducted as follows.
(1) Parties may appear pro se or be represented by an attorney.
(2) Parties may present their position, arguments and contentions, including by making statements, presenting evidence and offering witnesses on their behalf, on any relevant issue.
(3) Parties may refute evidence and testimony offered in opposition to their position, arguments and contentions, including by making statements, presenting evidence and offering witnesses on their behalf, on any relevant issue.
(4) Parties shall be entitled to the right of cross-examination.
(5) The hearing shall be quasi-judicial in nature and all testimony shall be under oath.
(6) Any party shall be entitled to transcribe the proceeding at his or her own cost.
(7) After considering all substantial, reliable and probative evidence accepted for review, the Director of Public Safety shall affirm, deny or affirm with conditions the determination.
(8) Within five business days of such hearing, the Director of Public Safety shall issue a written decision making a factual finding as to the determination and shall serve the decision upon all parties. The decision of the Director of Public Safety is a final order.
(Prior Code, § 618.25) (Ord. 132-2015, passed 10-13-2015)
(a) No person shall own, keep, maintain, allow, harbor or permit more than one dangerous or vicious dog at any one residence that has aggressively bitten and killed a dog or aggressively bitten and caused serious injury or death to a person.
(b) The provisions as set forth in R.C. §
955.54
shall apply inside the city, with the exception of division (A)(2), which shall be construed to include vicious dogs in addition to dangerous dogs.
(c) Penalty.
(1) 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.
(2) Whoever violates division (b) of this section is guilty of a first degree misdemeanor and shall be subject to the penalty provided in § 698.02.
(Prior Code, § 618.26) (Ord. 132-2015, passed 10-13-2015)
Chapter 618 of this code of ordinances shall exempt the following:
(a) Any dog which is lawfully engaged in hunting or training for the purpose of hunting while accompanied by a licensed hunter. However, such dogs at all other times and in all other respects shall be subject to the ordinance or resolution permitted by this section, unless actually in the field and engaged in hunting or in legitimate training for such purpose;
(b) A service animal, as defined by the Americans with Disabilities Act of 1990 and the regulations promulgated pursuant thereto, that has caused injury or serious injury to any person or has killed a person or a domestic animal while the service animal is actually being used to assist a person in the performance of that animal’s trained duties; and
(c) A police dog that has caused injury or serious injury to any person or has killed a person or a domestic animal while the police dog is actually being used to assist one or more law enforcement officers in the performance of their official duties.
(Prior Code, § 618.27) (Ord. 132-2015, passed 10-13-2015)
Statutory reference:
Americans with Disabilities Act of 1990, see 42 U.S.C. §§ 12101 et seq.
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