(a) Except when a dog is lawfully engaged in hunting and accompanied by the owner, keeper, harborer or handler of the dog, no owner, keeper or harborer of a dog shall fail at any time to do either of the following:
(1) Keep the dog physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, tether, adequate fence, supervision or secure enclosure to prevent escape;
(2) Keep the dog attached to a leash and under reasonable control of some person.
(b) No owner, keeper or harborer of a dog which has been determined to be a “Dangerous Dog”, “Vicious Dog” or “Nuisance Dog” by appropriate action for Dog Designation in the Municipal Court of Chillicothe or any other jurisdiction, shall fail to do either of the following:
(1) While that dog is on the premises of the owner, keeper or harborer securely confine it at all times in a locked pen which has a top, a yard that is enclosed by a locked fence not less than six feet in height, or some other locked enclosure that has a top;
(2) While that dog is off the premises of the owner, keeper or harborer, do at least one of the following:
A. Keep the dog in a locked pen which has a top, a yard that is enclosed by a locked fence not less than six feet in height, or some other locked enclosure which has a top;
B. Muzzle the dog and keep the dog on a chain-link leash not more than six feet in length that is controlled by a person who is of suitable age and discretion. In no case shall the person controlling the leash be younger than fourteen years of age;
(3) Abide by all Court orders relative to the Dog Designation.
(c) No owner, keeper or harborer of a dangerous dog or vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than one hundred thousand dollars ($100,000) because of damage or bodily injury to or death of a person caused by a dog.
(d) No owner, keeper or harborer of a dog having been designated a dangerous dog or vicious dog shall fail to display a sign indicating such a dog may be located on the premises. The sign shall be placed in a position to be plainly legible and visible from the street or road fronting the property, and shall include the words “Warning Dangerous Dog”. The words shall contrast with their background and shall be a minimum of two inches high.
(e) Penalties.
(1) A violation of subsection (c) of this section is a misdemeanor of the first degree.
(2) A violation of subsection (d) of this section is a minor misdemeanor.
(3) Except as otherwise provided in subsection (e)(4) hereof, a violation of subsection (a) of this section is a minor misdemeanor.
(4) A violation of subsection (a) is a misdemeanor of the fourth degree if at the time of the offense any of the following applies:
A. The offender has previously been convicted of or pleaded guilty to Section 505.17(a) or (b) of the prior version thereof or similar statute;
B. The dog, without provocation, bites or causes physical harm to any other person, at the time of said violation;
C. The dog causes serious physical harm to any other person, at the time of said violation.
D. The dog, without provocation, bites any companion animal while off the premises of the owner, or while on the premises which are not exclusively controlled by the owner, at the time of said violation.
(5) A violation of subsection (b) hereof is a misdemeanor of the first degree. In addition, the court may order the dog to be humanely destroyed by a licensed veterinarian, the County dog warden or the County human society if the dog kills or causes serious physical harm to any other person at the time of the offense.
(6) In addition to the penalties prescribed in subsections (e)(4) and (e)(5) of this section, the court may order the offender to comply with any of the following:
A. To personally supervise the dog that he owns, keeps or harbors;
B. To cause the dog to complete dog obedience training;
C. To pay restitution for damages as a result of the violation.
(f) Defenses.
(1) It shall be an affirmative defense to a charge or violation of subsection (a) hereof that the dog:
A. Did bite, kill or cause physical harm to any person while that person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.
B. Was being used for lawful hunting purposes.
C. Was being exhibited at a public dog show, zoo, museum, or public institution.
(2) No public law enforcement agency or member thereof, or a licensed private law enforcement agency or member thereof, shall be convicted of any violation of this section where the dog is owned by the agency and being utilized for law enforcement purposes.
(Ord. 45-13. Passed 7-22-13.)