(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) “Dangerous dog” is defined as follows:
A. “Dangerous dog” means a dog that, without provocation, and subject to division (a)(1)B. hereof, 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 that dog is off the premises of its owner, keeper or harborer and not under the reasonable control of its owner, keeper, 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.
B. “Dangerous 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 one or more law enforcement officers in the performance of their official duties.
(2) “Menacing fashion.” A dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) “Police dog.” 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.
(4) “Vicious dog.”
A. A dog that, without provocation and subject to division (a)(4)B. hereof, meets any of the following requirements:
1. Has killed or caused serious injury to any person;
2. Has caused injury, other than killing or serious injury, to any person, or has killed another dog; or
3. Belongs to a breed that is commonly known as a pit bull dog. The ownership, keeping, or harboring of such a breed of dog shall be prima facie evidence of the ownership, keeping or harboring of a vicious dog.
B. “Vicious dog” does not include either of the following:
1. A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or serious injury, to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
2. A dog that has killed or caused serious injury to any person while a 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.
(5) “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.
(b) No person who is the owner, keeper, or harborer of any animal, including a dog, shall permit it to run at large upon any public property, including, without limitation, sidewalks and streets, or upon the premises of another without the permission of the owner of said premises.
(c) No owner, keeper or harborer of any dog shall permit it to go beyond the premises of the owner, keeper or harborer unless the dog is confined in a travel cage or is on a leash, cord or tether which is controlled by a person of such age, size and discretion that he is capable of preventing the dog from approaching any person or other animal in a menacing fashion.
(d) No owner, keeper, or harborer of any dog shall fail at any time to keep it either physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, tether, adequate fence, supervision, or secure enclosure to prevent escape, or under reasonable control of a person of such age, size and discretion that he is capable of preventing the dog from approaching any person or other animal in a menacing fashion.
(e) No owner, keeper or harborer of a dangerous or vicious dog shall fail to do either of the following, except when the dog is lawfully engaged in hunting or training for the purpose of hunting, accompanied by the owner, keeper, harborer or a handler:
(1) While that dog is on the premises of the owner, keeper or harborer, securely confine it at all times in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top, except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained;
(2) While that dog is off the premises of the owner, keeper or harborer, keep it 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 which has a top, locked fenced yard or other locked enclosure which 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 a 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 injury to any person; and/or
C. Muzzle that dog.
(f) No owner, keeper or harborer of a vicious dog shall fail to 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 ($100,000.00) because of damage or bodily injury to or death of a person caused by the vicious dog.
(g) The running at large of any such animal in or upon any of the places mentioned in this section is prima-facie evidence that it is running at large in violation of this section.
(h) Whoever violates division (b) or (c) hereof is guilty of a misdemeanor of the fourth degree and shall be subject to the penalty provided in § 698.02.
(i) Whoever violates any of the provisions of division (d) hereof shall be fined not less than twenty-five dollars ($25.00) nor more than one hundred dollars ($100.00) for a first offense. For each subsequent offense, such person shall be fined not less than seventy-five dollars ($75.00) nor more than two hundred fifty dollars ($250.00) and may be imprisoned for not more than 30 days.
(j) In addition to the penalties prescribed in subsection (i) hereof, if the offender is guilty of a violation of division (c) or (d) hereof, the court may order the offender to personally supervise the dog that he or she owns, keeps or harbors, to cause that dog to complete dog obedience training, or to do both.
(k) If a violation of division (e) hereof involves a dangerous dog, whoever violates that division 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 and shall be subject to the penalty provided in § 698.02. Additionally, the court may order the offender to personally supervise the dangerous dog that he or she 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 reasonable and appropriate liability insurance. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden or the County Humane Society.
(l) If a violation of division (e) hereof involves a vicious dog, whoever violates that division is guilty of one of the following:
(1) A felony of the fourth degree on a first or subsequent offense if the dog kills or seriously injures a person. Prosecution shall be made under Ohio R.C. 955.22(D) and the penalty shall be as provided in Ohio R.C. 2929.11. Additionally, the court shall order that the vicious dog be humanely destroyed by a licensed veterinarian, the County Dog Warden or the County Humane Society.
(2) A misdemeanor of the first degree on a first offense and a felony of the fourth degree on each subsequent offense. Prosecution for the misdemeanor shall be under this section and the penalty shall be as provided in § 698.02. Prosecution for the felony shall be under Ohio R.C. 955.22(D) and the penalty shall be as provided in Ohio R.C. 2929.11. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden or the County Humane Society.
(3) A misdemeanor of the first degree if the dog causes injury, other than killing or serious injury, to any person. The penalty shall be as provided in § 698.02.
(m) Whoever violates division (f) hereof is guilty of a misdemeanor of the first degree and shall be subject to the penalty provided in § 698.02.
(Ord. 08-O-2463, passed 5-6-2008)
Statutory reference:
Confining restraining debarking dogs, see Ohio R.C. 955.22
Definitions, see Ohio R.C. 955.11
Penalties, see Ohio R.C. 951.99, 955.99