(a) No person shall knowingly cause, or attempt to cause, physical harm to a police dog in either of the following circumstances:
(1) The police dog is assisting a law enforcement officer in the performance of the officer’s official duties at the time the physical harm is caused or attempted.
(2) The police dog is not assisting a law enforcement officer in the performance of the officer’s official duties at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog is a police dog.
(b) No person shall recklessly do any of the following:
(1) Taunt, torment, or strike a police dog;
(2) Throw an object or substance at a police dog;
(3) Interfere with or obstruct a police dog or interfere with or obstruct a law enforcement officer assisted by a police dog in a manner that does any of the following:
A. Inhibits or restricts the law enforcement officer’s control of the police dog;
B. Deprives the law enforcement officer of control of the police dog;
C. Releases the police dog from its area of control;
D. Enters the area of control of the police dog without the consent of the law enforcement officer, including placing food or any other object or substance into that area;
(4) Engage in any conduct that is likely to cause serious physical injury or death to a police dog.
(c) (1) Whoever violates subsection (a) hereof is guilty of assaulting a police dog. If the violation results in physical harm to the police dog, assaulting a police dog is a misdemeanor of the first degree. If the violation does not result in death, serious physical harm, or physical harm to the police dog, assaulting a police dog is a misdemeanor of the second degree. If the violation results in death or serious physical harm to the police dog, such violation is a felony and shall be prosecuted under appropriate State law.
(2) Whoever violates subsection (b) hereof is guilty of harassing a police dog. Except as otherwise provided in this subsection, harassing a police dog is a misdemeanor of the second degree. If the violation results in the death of the police dog or if the violation results in serious physical harm to the police dog but does not result in its death, harassing a police dog is a felony and shall be prosecuted under appropriate State law. If the violation results in physical harm to the police dog but does not result in its death or in serious physical harm to it, harassing a police dog is a misdemeanor of the first degree.
(3) Whoever violates subsection (b) hereof is responsible for the payment of all of the following:
A. Any veterinary bills or bills for medication incurred by the Police Department as a result of the violation;
B. Any damaged equipment that results from the violation;
C. The cost of replacing the police dog and of any further training of a new police dog by a law enforcement officer that is required because of the death of or serious physical harm to the police dog that is the subject to the violation.
(d) This section does not apply to a licensed veterinarian whose conduct is in accordance with Ohio R.C. Chapter 4741.
(e) As used in this section:
(1) “Physical harm” means any injury, illness, or other physiological impairments, regardless of its gravity or duration.
(2) “Police dog” means a dog 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; and
C. Any physical harm that causes acute pain of a duration that results in substantial suffering.
(Ord. 53-05. Passed 5-9-05.)