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No owner, keeper or harborer of any level-one (1) threat or level-two (2) threat dog shall fail to do either of the following, except when the dog is legally engaged in training for the purpose of hunting, accompanied by a licensed hunter or trainer for the purpose of hunting:
(a) While the dog is on the premises of the owner, keeper, harborer or handler, it must be securely confined indoors, or in a locked pen which has a top, the dimensions of which should be at least five (5) feet by ten (10) feet, and must have secure sides and a secure top. If such structure should have no bottom secured to the sides, the sides must be imbedded into the ground no less than two (2) feet. Such structure must be suitable to prevent the entry of young children and designed to prevent the dog from escaping, or in a locked fenced yard which fence is at least six (6) feet high. Any enclosure must provide protection from the elements for the dog.
(b) While the dog is off the premises of the owner, keeper or harborer, keep it on a substantial collar and leash or tether not exceeding six (6) feet in length and additionally shall do the following:
(1) Keep the dog in a locked pen which has a top, locked fenced yard of at least six (6) feet high, or other locked enclosure which has a top; or
(2) Have the leash or tether controlled by a person who is at least eighteen (18) years of age or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such person in close enough proximity to the dog so as to prevent it from causing injury to any person; and
(3) Muzzle the dog. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration but must prevent it from biting any person or animal.
(c) No owner, keeper or harborer of the dog shall permit the unmuzzled dog at anytime to be on a public street, highway, park, building, or other public place.
(d) A dog declared to be a level-one (1) threat or level-two (2) threat as defined in Section 604.01 or “vicious” under the Ohio Revised Code shall, at the expense of such owner, keeper, or harborer, (1) be tattooed or microchipped to secure positive identification and (2) be spayed or neutered unless exempted by a licensed veterinarian for health reasons.
(e) The penalties in Section 604.99 shall not apply whenever the conduct proscribed in this section constitutes a felony under RC 955.99.
(Ord. No. 712-11. Passed 6-6-11, eff. 6-13-11)