(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1)
DANGEROUS DOG. A dog which has:
(a) Without provocation while off of its owner’s or harborer’s premises, caused an individual to reasonably believe that the dog will cause physical harm to a person; or
(b) A propensity or disposition to unprovokedly attack or cause injury to humans or domestic animals off of its owner’s or harborer’s premises.
(2)
VICIOUS DOG. A dog which:
(a) Without provocation has inflicted severe injury on a person;
(b) Has been trained for dog fighting or is kept primarily or in part for the purpose of dog fighting;
(c) Is a dog commonly defined as a “pit bull;” or
(d) Has been used in the commission of a crime.
(B) Dangerous dog to be properly confined or leashed. The owner or harborer of a dangerous dog shall keep said dog:
(1) When outdoors and on the premises, in a securely fenced area or tied with a leash so that the dog is adequately restrained; and
(2) When not on the premises, securely restrained with a leash not exceeding six feet in length and under the control of a competent adult.
(C) Vicious dog to be properly confined or leashed. The owner or harborer of a vicious dog shall:
(1) When the dog is indoors secure all means of egress so that the dog may not exit;
(2) When the dog is outside and on the premises of the owner or harborer, confine the dog at all times in a roofed, securely locked fenced barricade so that the dog may not dig its way out. The barricade must be posted with a sign stating “vicious dog” both by symbol and words and be constructed so that a child cannot penetrate the barricade with his hand.
(3) When the dog is off of the premises of the owner or harborer, muzzled and securely restrained with a leash not to exceed six feet in length and under the control of a competent adult. In the alternative, the vicious dog may be confined in a locked crate constructed of material of sufficient strength to prevent escape and posted with a sign stating “vicious dog” both by symbol and words and constructed so that a child cannot penetrate the barricade with his hand.
(4) When the dog is in a vehicle or is being transported in an open truck bed or other conveyance, it shall be confined in a locked crate or cage, which is constructed of material of sufficient strength to prevent escape and posted with a sign stating “vicious dog” by both symbol and words and constructed so that a child cannot penetrate the barricade with his hand.
(D) Possession of dangerous or vicious dogs limited.
(1) It shall be unlawful for any person to own or harbor more than three dangerous dogs at one time.
(2) It shall be unlawful for any person to own or harbor more than one vicious dog over the age of six months at one time. The burden of proving the age of the dog shall be on the owner or harborer, and shall be an affirmative defense to a charge under this section.
(E) Dangerous and vicious dogs to be registered.
(1) It shall be unlawful for any person to own or harbor a dangerous or vicious dog unless the dog has been registered with the police department. The dog must be registered within seven days of possession. The owner or harborer shall provide the police department with:
(a) The name, address, and telephone number of the person possessing the dog and the address where the dog is harbored if different from the owner’s address; and
(b) A current photograph of the animal and a description including the genus and species, common name, gender, color, and any other distinguishing physical characteristics including weight and height.
(2) The cost of registration shall be $50 per vicious dog and $35 for a dangerous dog. The owner or harborer shall re-register the dog annually.
(3) If the dog has been sold, given away, or if control of the dog has been in any manner transferred, the transferring owner or harborer shall notify the police department within 24 hours of the transfer and the name and address of the individual harboring the dog.
(F) Liability insurance required. No owner, keeper, or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in the state of Ohio providing coverage in each occurrence, with coverage, exclusive of interest and costs, of not less than $50,000 for damage, bodily injury, or death of a person caused by the vicious dog.
(G) Seizure and impoundment of dog.
(1) A police officer or dog warden shall remove from the premises any vicious dog not properly confined if the owner or harborer of the dog has been previously convicted of violating division (C) of this section.
(2) A police officer or dog warden shall remove from the premises or any location any dog that has attacked or severely injured a human.
(3) A police officer or dog warden who removes a dog pursuant to this section shall file the appropriate complaint in the mayor’s court or in municipal court and hold the dog until final adjudication of the charge.
(H) Pit bull identification. A “pit bull” may be identified by a veterinarian licensed by the State of Ohio, or by a dog warden or a deputy dog warden. “Pit bull” shall include those breeds of dogs commonly categorized as “pit bulls” by the American Kennel Club.
(I) Penalties.
(1) Whoever violates divisions (B), (E) or (F) of this section shall be guilty of a second degree misdemeanor and shall be punished in accordance with § 130.99.
(2) Whoever violates division (C) or (D) of this section shall be guilty of a first degree misdemeanor and shall be punished in accordance with § 130.99.
(3) In addition to the penalties enumerated in division (1) and (2) above, any vicious dog which attacks a human being or domestic animal may be ordered to be destroyed, when, in the court’s judgment, such vicious dog represents a continuing threat of severe harm to human beings or domestic animals.
(4) Any person found guilty of violating division (C) of this section shall pay all expenses including shelter, food, and transportation of the dog, expenses for identification of the breed, and veterinary expenses necessitated by the seizure of the dog for the protection of the public.
(Ord. 00-18, passed 5-16-00)