(a) No person owning, harboring or having the care or control of a dangerous or vicious dog shall suffer or permit such animal to go unconfined on the premises of such person.
(b) No person owning, harboring or having the care or control of a dangerous or vicious dog shall suffer or permit such dog to go beyond the premises of such person unless such dog is securely leashed on a chain no more than three (3) feet in length with at least 300 pounds of tensile strength and such dog is muzzled.
(c) No person owning, harboring or having the care or control of a dangerous or vicious dog shall fail to post a sign conspicuously on the property visible to any person approaching the property from the street that states that a dangerous dog or vicious dog is present on the premises.
(d) A dangerous or vicious dog is "unconfined" as the term is used in this section if such dog is not confined on the premises of the person described in subsection (a) hereof as follows:
(1) If the dog is outside, it must be in a securely enclosed pen or dog run area which has secure sides and a secure top attached to all sides, and which has a secure floor or bottom attached to all sides of the pen or which is embedded in the ground no less than two (2) feet. Such pen or dog run area shall be locked with a key or combination lock at all times when the animal is within the structure.
(2) If the dog is inside, it may not be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure. A dangerous or vicious dog may not be kept on a patio, porch or in any part of a house or structure which would allow the animal to exit the building on its own volition, whether or not such dog is on a chain or leash.
(e) No person shall keep, own, harbor, care for, or control a vicious dog within the City of Cleveland Heights until such dog has been registered with the Animal Warden of the City and a permit is obtained. Such dogs shall be registered with the City within ten (10) days of the date the dog is first brought into the City, and thereafter on an annual basis on or before the 31st day of January of each calendar year. The permit fee shall be twenty dollars ($20.00) per year. No person shall keep, own, harbor, care for or control more than one vicious dog in any dwelling unit in the City at any one time. No person shall keep, own, harbor, care for or control any vicious dog on any premises in the City at any time unless such person is the owner of said premises or unless such person has the written permission of the owner of said premises to keep, own, harbor, care for or control such vicious dog on said premises.
(f) Any person keeping, owning, harboring or having the care or control of any vicious dog shall maintain a policy of liability insurance providing coverage for each occurrence in an amount not less than one hundred thousand dollars ($100,000) and insuring such person against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the vicious dog. Such person shall produce evidence of such policy of insurance at the time of the initial registration and annual renewal of registration of the vicious dog with the Animal Warden of the City and at any time upon request of a law enforcement agent or other employee of the City. The City shall be named as a certificate holder on all such policies.
(g) Impoundment of Dogs.
(1) Any vicious dog being harbored or cared for within the City that is not registered with the Animal Warden as provided in subsections (f) hereinabove may be seized and impounded by the Animal Warden or his agent or other law enforcement officer until such time as the dog is properly registered and a permit obtained. In the event the Animal Warden or other law enforcement officer seizes such an unregistered vicious dog, notice shall be given the presumed owner within two (2) business days after the seizure by posting a written notice upon the premises at which the dog was being harbored or kept. The dog shall not be released until the owner registers the dog and pays all accumulated boarding charges. In the event the owner does not register such dog and pay all such boarding charges within five (5) business days of the delivery of the notice of impoundment, such dog shall be deemed abandoned and may be destroyed or otherwise disposed of by the City.
(2) In the event a law enforcement officer has probable cause to believe a dog has attacked a human being or other domestic animal in the City, the law enforcement officer may impound such dog pending trial. In the event the Court finds that such dog attacked a human being or other domestic animal, in addition to any penalty imposed by the Court, the dog shall not be released to the owner until all accumulated boarding and impound charges are paid; provided, however, that nothing herein shall prohibit the Court from ordering the dog destroyed or banished as provided in subsection (j) herein below, in which case the owner shall still be responsible for boarding charges. If the dog is not ordered destroyed or banished, the owner shall reclaim such dog and pay all accumulated boarding and impound charges within five (5) business days after sentencing, otherwise the dog shall be deemed abandoned and may be destroyed or otherwise disposed of by the City.
(3) In the event a law enforcement officer has probable cause to believe that a registered vicious dog is being harbored or cared for in violation of this section, and such animal has not attacked a human being or other domestic animal, the law enforcement officer may petition a court of competent jurisdiction to order the seizure and impoundment of the vicious dog pending trial, with the boarding charges to be paid by the owner.
(h) Whoever violates any provision of this section is guilty of a misdemeanor of the second degree for a first violation and shall be guilty of a misdemeanor of the first degree for each such subsequent violation within three (3) years of the first violation.
(i) For purposes of subsections (a) and (b) hereof, testimony that a dangerous or vicious dog was unconfined on the premises of its owner, harborer, or person having the care or control of such dangerous or vicious dog, or that a dangerous or vicious dog was beyond the premises of its owner, harborer, or person having the care or control of such dangerous or vicious dog and was not securely leashed and muzzled according to the provisions of subsection (b) hereof, shall be prima-facie evidence that such owner, harborer, or person having the care or control of a dangerous or vicious dog suffered or permitted such dog to go unconfined on the premises of such person or suffered or permitted such dangerous or vicious dog to go beyond the premises of such person when not securely leashed and muzzled as described in subsection (b) hereof. For purposes of subsections (a), (b), (d) and (e) hereof, strict criminal liability is contemplated.
(j) Any dangerous or vicious dog which attacks a human being or another domestic animal may be ordered to be destroyed or to be permanently banished from the City when, in the court's judgment, such dangerous or vicious dog represents a continuing threat of serious harm to human beings or other domestic animals.
(k) In prosecution for a violation of division (a) or (e) of section 505.091 in connection with which a dog has caused injury or serious injury to or the death of a person or companion animal, any of the following may be asserted as an affirmative defense as applicable:
(1) The dog was teased, tormented or abused by a person.
(2) The dog was coming to the aid or 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.
(3) The dog caused injury or serious injury to a person or killed a person while the 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.
(4) In the case of another domestic animal, that the dog was attacked by such animal or that such animal was running at large.
(Ord. 94-2019. Passed 11-4-19.)