(a) No person shall maliciously, or willfully and without the consent of the owner, kill or injure a farm animal, dog, cat, or other domestic animal that is the property of another. This section does not apply to a licensed veterinarian, law enforcement officer, dog warden or other city persomnel acting in an official capacity nor shall it apply to a person acting in self defense.
(b) No person shall taunt, tease or torment any dog or horse used by the Police Department of the City in the performance of the functions or duties of the Police Department. whether or not such dog or horse is performing duties at the time of the offense.
(c) No person shall interfere or meddle with any dog or horse used by the Police Department of the City, during the course of activities being performed on behalf of the Police Department.
(d) Whoever violates subsection (a) hereof, if the value of the animal is three hundred dollars ($300.00) or less, is guilty of a second degree misdemeanor; if the value of the animal is over three hundred dollars ($300.00), is guilty of a first degree misdemeanor. Whoever violates subsection (b) or (c) of this section is guilty of a misdemeanor of the first degree.
(e) No person shall recklessly do any of the following:
(1) Taunt, torment, or strike an assistance dog;
(2) Throw an object or substance at an assistance dog;
(3) Interfere with or obstruct an assistance dog, or interfere with or obstruct a blind, deaf or hearing impaired, or mobility impaired person who is being assisted or served by an assistance dog, in a manner that does any of the following:
A. Inhibits or restricts the assisted or served person's control of the dog;
B. Deprives the assisted or served person of control of the dog;
C. Releases the dog from its area of control;
D. Enters the area of control of the dog without the consent of the assisted or served person, including placing food or any other object or substance into that area;
E. Inhibits or restricts the ability of the dog to assist the assisted or served person.
(4) Engage in any conduct that is likely to cause serious physical injury or death to an assistance dog;
(5) If the person is the owner, keeper or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger an assistance dog that at the time of the conduct is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person or that the person knows is an assistance dog.
(f) No person shall knowingly cause, or attempt to cause, physical harm to an assistance dog in either of the following circumstances:
(1) The assistance dog is assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted.
(2) The assistance dog is not assisting or serving a blind, deaf or hearing impaired, or mobility impaired person at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog is an assistance dog.
(g) (1) Whoever violates subsection (e) of this section is guilty of harassing an assistance dog. Except as otherwise provided in this subsection, harassing an assistance dog is a misdemeanor of the second degree. If the violation results in the death of or serious physical harm to the assistance dog but does not result in its death, harassing an assistance dog is a felony and shall be prosecuted under appropriate State law. If the violation results in physical harm to the assistance dog but does not result in its death or in serious physical harm to it, harassing an assistance dog is a misdemeanor of the first degree.
(2) Whoever violates subsection (f) hereof is guilty of assaulting an assistance dog. If the violation results in physical harm to the dog other than death or serious physical harm, assaulting an assistance dog is a misdemeanor of the first degree. If the violation does not result in death, serious physical harm, or physical harm to the dog, assaulting an assistance dog is a misdemeanor of the second degree. If the violation results in death or serious physical harm to the dog, such violation is a felony and shall be prosecuted under appropriate State law.
(3) In addition to any other sanction or penalty imposed for the offense under this section, whoever violates subsection (e) or (f) of this section is responsible for the payment of all of the following:
A. Any veterinary bill or bill for medication incurred as a result of the violation by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog regarding a violation of subsection (e) or (f) of this section;
B. The cost of any damaged equipment that results from the violation;
C. If the violation did not result in the death of the assistance dog that was the subject of the violation and if, as a result of that dog being the subject of the violation, the dog needs further training or retraining to be able to continue in the capacity of an assistance dog, the cost of any further training or retraining of that dog by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog;
D. If the violation resulted in the death of the assistance dog that was the subject of the violation or resulted in serious physical harm to that dog to the extent that the dog needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog and of any further training of a new assistance dog by the blind, deaf or hearing impaired, or mobility impaired person assisted or served by the assistance dog, which replacement or training is required because of the death of or the serious physical harm to the dog that was the subject of the violation.
(h) This section does not apply to a licensed veterinarian whose conduct is in accordance with Ohio R.C. Chapter 4741.
(i) As used in this section:
(1) “Physical harm" means any injury, illness, or other physiological impairment, regardless of its gravity or duration.
(2) "Police dog or horse" means a dog or horse that has been trained. and may be used, to assist law enforcement officers in the performance of their official duties.
(3) "Serious physical harm" means any of the following:
A. Any physical harm that carries a substantial risk of death;
B. Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming;
C. Any physical harm that causes acute pain of a duration that results in substantial suffering.
(4) "Assistance dog", "blind", and "mobility impaired person" have the same meanings as in Ohio R.C. 955.011.
(ORC 2921.321)
(ORC 2921.321)
(j) This section only applies to an offender who knows or should know at the time of the violation that the assistance dog that is the subject of a violation under this section is an assistance dog.
(Ord. 2007-116. Passed 5-21-07.)
(Ord. 2007-116. Passed 5-21-07.)