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For the purpose of this chapter, the following definitions shall apply, unless the context shall indicate another or different meaning or intent:
(a) “Animal Control Officer” means the chief animal control officer of the City of Cleveland or his or her duly authorized representatives.
(b) “Level-One (1) Threat” dog means the following:
(1) A dog designated as a Level-One (1) threat is one that, without provocation, and subject to division (c) of this section, has chased or approached a person, including a person on a bicycle, upon the streets, sidewalks or any public or private property, other than the dog owner, keeper, or harborer’s property in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, keeper, or harborer, or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard, or other locked enclosure, which has a top. A level-one (1) threat dog may also be one who has repeatedly exhibited a propensity, tendency or disposition to attack, without provocation, or otherwise threatens the safety of humans or domestic animals.
(2) Any dog that on three (3) separate occasions within a twelve (12) month period has been impounded by the City Animal Control Officer for being unrestrained or uncontrolled off its owner’s, keeper’s, or harborer’s premises is a level-one (1) threat.
(c) A Level-One (1) threat dog does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the police dog is being used to assist law enforcement officers in the performance of their official duties.
(d) A Level-Two (2) Threat dog is one that, without provocation, and subject to division (b) of this section, has killed or caused serious injury to any person, or has killed or caused serious injury to another domestic animal.
(e) A Level-Two (2) Threat dog does not include either of the following; (1) a police dog while being used to assist law enforcement officers in the performance of their official duties, or (2) a dog that has killed or caused serious injury to any person, or domestic animal, while that person, or domestic animal, was committing or attempting to commit a criminal trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.
(f) “Domestic animal” means any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept. “Domestic animal” does not include livestock or any wild animal.
(g) “Impounded” means taken into the custody of the public pound in the City of Cleveland.
(h) “Law Enforcement Officer” has the same meaning as division (k) of Section 601.01 of these Codified Ordinances.
(i) “Menacing fashion” means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(j) “Owner” means any person, firm, corporation, organization, or department possessing, harboring, keeping, having an interest in, or having control or custody of an animal.
(k) “Person” means a natural person or any legal entity, including but not limited to, a corporation, firm, partnership, or trust.
(l) “Police dog” means a dog that has been trained, certified and/or approved by the state and may be used, to assist one (1) or more law enforcement officers in the performance of their official duties.
(m) “Serious injury” means any physical injury that results in broken bones or lacerations or punctures that require immediate medical treatment.
(n) “Wild animal” has the same meaning as in RC 1531.01.
(o) “Without provocation” means that a dog was not teased, tormented or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(Ord. No. 712-11. Passed 6-6-11, eff. 6-13-11)