(a) No owner, keeper or harborer of any dog shall permit such dog to run at large upon any public place, or upon the premises of another, except in the designated enclosed dog park of the Village of Bratenahl. Any dog shall be deemed running at large when such dog is not inside a resident structure, secure fence, electric fence or pen, on a leash and held by a person capable of controlling such dog or tethered in such a manner as to prevent its getting on the public right of way or on another's property.
(b) Testimony that the dog was not on the property of its owner, keeper or harborer, or was not held securely in leash by a person accompanying such dog when found shall be prima-facie evidence that the dog was not under control. The running at large of any such dog 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.
(c) Whoever violates Section 505.03(a) on a first offense will receive a written warning. Whoever violates Section 505.03(a) on a second offense is guilty of a misdemeanor of the fourth degree and each subsequent violation of this section hereof within a period of three (3) years of the first violation shall be a misdemeanor of the third degree.
(d) Notwithstanding the above, a violation of Section 505.03(a) shall be a misdemeanor of the second degree when such dog is found to have attacked or bitten a person either while at large, or when leashed and not on the property of its owner, keeper or harborer, and a misdemeanor of the third degree when such dog is found to have attacked or bitten another animal as defined in Section 505.01(a) while at large, or while leashed but not under the control of the owner, keeper or harborer as described herein. Each subsequent violation of this subsection within a period of three (3) years shall be a misdemeanor of the first degree in the event a person is attacked or bitten, and a misdemeanor of the second degree in the event an animal as defined in Section 505.01(a) is attacked or bitten.
(Ord. 3602. Passed 6-19-13.)