(a) If a violation of division (a), (b) or (c) of Section 604.03 involved a level-one (1) threat, whoever violates that Section is guilty of a misdemeanor of the second degree on a first offense and of a misdemeanor of the first degree on each subsequent offense and shall be fined one thousand dollars ($1,000.00) which fine shall be mandatory, and shall not be suspended or remitted. Additionally, the Court may order the offender: (i) to personally supervise the level-one (1) threat that he or she owns, keeps or harbors, (ii) to cause that dog to complete dog obedience training, (iii) to attend a class on responsible pet ownership and dog behavior, or (iv) to do all three (3). The Court, in the alternative, may order the level- one (1) threat dog to be humanely destroyed by a licensed veterinarian, the Chief Animal Control Officer, the County Dog Warden, or the County Humane Society. For repeat offenders of animal control laws under Sections 603.01, 603.02 and 603.04, the Court may require the owner to attend a class on responsible pet ownership and dog behavior.
(b) If a violation of division (a), (b), or (c) of Section 604.03 involved a level-two (2) threat dog, whoever violates that section may be found guilty of a misdemeanor of the first degree on a first offense. When any person is found guilty of a misdemeanor of the first degree such person shall be fined one thousand dollars ($1,000.00) which fine shall be mandatory, and shall not be suspended or remitted. The Court may order the dog to be spayed or neutered at the owner's, keeper's or harborer's expense. Additionally, the Court may order the level-two (2) threat dog to be humanely destroyed by a licensed veterinarian, Chief Animal Control Officer, the County Dog Warden, or the County Humane Society.
(c) Any owner who does not obtain the liability insurance coverage required under divisions (a) or (b) of Section 604.04 shall be found guilty of a misdemeanor of the first degree.
(d) Any owner that is found to be in violation of division (d) of Section 604.03 shall be found guilty of a misdemeanor of the first degree.
(e) Any owner who is found guilty of violating divisions (c) or (d) of Section 604.04 shall be found guilty of a misdemeanor of the first degree and shall be fined one hundred dollars ($100.00) on each later offense which fine shall be mandatory and shall not be suspended or remitted.
(f) Any owner found guilty of violating this chapter shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding and veterinary expenses necessitated by the seizure of the level-one (1) or level two (2) dog for the protection of the public, and other expenses as may be required for the euthanization, transfer, sale or adoption of any such dog.
(g) An amount equal to the amount of fines and penalties imposed under this section shall annually be contributed to and used for the benefit of the Division of Animal Care and Control.
(h) This Section shall not apply whenever the conduct proscribed in this chapter constitutes a felony under RC 955.99.
(Ord. No. 1572-14. Passed 12-8-14, eff. 12-10-14)