505.11 DANGEROUS, NUISANCE AND VICIOUS DOGS.

   (a)   As used in this section:

      (1)   A.   "Dangerous dog" means a dog that, without provocation, and subject to subsection (a)(1)B. hereof, has done any of the following:

            1.    Caused injury, other than killing or serious injury, to any person;

            2.    Killed another dog or animal, except a rodent;

            3.    Been the subject of a third or subsequent violation of Division (C) of Section 955.22 of the Revised Code.

         B.   "Dangerous dog" does not include a law enforcement dog, while the law enforcement dog is being used to assist one or more law enforcement officers in the performance of their official duties.

      (2)   "Menacing fashion" means that a dog would cause any person or animal being chased or approached to reasonably believe that the dog will cause physical injury to that person or animal.

      (3)   A.   Subject to division (A)(3)(b) of this section, "nuisance dog" means a dog that without provocation has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or endanger any person.

         B.   "Nuisance dog" does not include a law enforcement dog that while being used to assist one or more law enforcement officers in the performance of official duties has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or endanger any person.

      (4)   "Law enforcement dog" means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.

      (5)   "Serious injury" means any of the following:

         A.   Any physical harm that carries a substantial risk of death;

         B.   Any physical harm that involves a permanent incapacity, whether partial or total, or a temporary, substantial incapacity;

         C.   Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement;

         D.    Any physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain.

      (6)   A.   "Vicious dog" means a dog that, without provocation and subject to subsection (a)(6)B. hereof:

            1.   Has killed or caused serious injury to any person or animal, except rodents;

            2.   Has caused injury, other than killing or serious injury to any person, or animal, except rodents;

         B.    "Vicious dog" does not include a law enforcement dog that has killed or caused serious injury to any person while the law enforcement dog is being used to assist one or more law enforcement officers in the performance of their official duties;

      (7)   "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.
(ORC 955.11)

   (b)   No owner, keeper, or harborer of a dog that exhibits behavior(s) as defined in subsection (a)(1)A, (a)(3)(a) or (a)(6)A. hereof or has been previously deemed vicious, nuisance, or dangerous by a court pursuant to a substantially similar state code, park district regulation or municipal ordinance, shall fail to take all reasonable measures to prevent said dog from acting in a dangerous, nuisance, or vicious manner.

   (c)   No owner, keeper, or harborer of a dog that has been declared dangerous, nuisance, or vicious by a court of record in this state or any state in which the dog was declared dangerous, nuisance, or vicious pursuant to a substantially similar state code, park district regulation or municipal ordinance in regards to subsection (a) hereof, shall fail to do any of the following:

      (1)   While that dog is off the premises of the owner, keeper or harborer, keep that dog on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:

         A.   Keep that dog in a locked pen that has a top;

         B.   Have the leash or tether controlled by a person who is of suitable age and discretion or securely attach, tie or affix the leash or tether to the ground or stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing death, serious injury or injury to any person or animal other than a rodent;

         C.   Muzzle said dog.

      (2)   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 to property, damage or bodily injury to or death of a person caused by the vicious dog.
(ORC 955.22)

   (d)   The owner, keeper or harborer of a dog is liable in damages for any injury, death or loss to person or property that is caused by the dog, unless the injury, death or loss was caused to the person or property of an individual, who at the time, was committing or attempting to commit a criminal offense other than a minor misdemeanor against any person, or was teasing, tormenting or abusing the dog.

   (e)   Subsections (b) and (c) hereof are necessary control on the unrestrained activity of dangerous, nuisance, and vicious dogs which threaten the safety and pleasantness of parkways, parks, sidewalks, trails, and all areas of the Park District and lack of knowledge or lack of intent is not a defense to a violation thereof.

   (f)    If a violation of subsection (b) hereof involves a dangerous dog, whoever violates that subsection is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense involving the same dog. Additionally, the court may order the offender to personally supervise the dangerous dog that the offender owns, keeps or harbors, to cause that dog to complete dog obedience training, or to do both, and the court may order the offender to obtain liability insurance pursuant to subsection (c)(2) hereof. The court may also order the dangerous dog to be permanently identified and registered through the county auditor and/or by any means available by a licensed veterinarian, the Dog Warden, or the humane society. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the Dog Warden or the humane society.

   (g)   If a violation of subsection (b) hereof involves a nuisance dog, whoever violates that subsection is guilty of a minor misdemeanor on the first offense and of a misdemeanor of the fourth degree on each subsequent offense. Upon a person convicted of or pleading guilty to a third violation of subsection (b) hereof involving the same dog, the court shall required the offender to register the involved dog as a dangerous dog.

   (h)   If a violation of subsection (b) hereof involves a vicious dog, whoever violates that subsection is guilty of one of the following:

      (1)   A misdemeanor of the first degree if said dog causes death or serious injury to any person or animal other than a rodent. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the Dog Warden or the humane society.

      (2)   A misdemeanor of the first degree if the dog causes injury other than killing or serious injury to any person or animal other than a rodent. Additionally, the Court may order the vicious dog to be permanently identified and registered through the county auditor and/or by any means available by a licensed veterinarian, the Dog Warden, or the humane society.

   (i)   Whoever violates subsection (c)(2) hereof is guilty of a misdemeanor of the first degree.
(ORC 955.99)