(a) For the purpose of this section, the following words and phrases shall have the following means ascribed to them:
“American Bulldog”. Any American Bulldog or old country bulldog, or any mixed breed of dog which contains, as an element of its breeding, the breed of American bulldog or old country bulldog as to be identifiable as partially of the breed of American Bulldog or old country bulldog.
“At Large”. Off the premises of the owner.
“Canary Dog”. Any canary dog or Perro de Presa Canario, or any mixed breed of dog which contains, as an element of its breeding, the breed of canary dog or Perro de Presa Canario as to be identifiable as partially of the breed canary dog or Perro de Presa Canario.
“Dangerous Dog”. A dog that, without provocation and subject to paragraph (d) 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. “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.
“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.
“Muzzle”. A leather, wire or device that, when fitted over an animal’s snout, prevents biting and eating.
“Owner”. Any person owning, keeping, possessing, harboring, maintaining, or having the care, custody or control of an animal.
“Pit Bull Terrier”. Any Staffordshire bull terrier, American pit bull terrier, or American Staffordshire terrier breed of dog, or any mixed breed of dog which contains, as an element of its breeding, the breed of Staffordshire bull terrier, American pit bull terrier, or American Staffordshire Terrier, as to be identifiable as partially of the breed of Staffordshire bull terrier or American Staffordshire terrier.
“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 duties.
“Unsecured”. Not securely confined indoors, or not securely restrained by means of a collar and chain, pen, fence, or similar physical device, and in such a manner which effectively prevents the dog from going beyond the premises of the owner.
“Vicious Dog”. Any dog that, without provocation, 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;
(3) While off the premises of the owner, bites or causes physical harm to a human being, domestic animal, or feline;
(4) While on the premises of the owner or premises under control of the owner, bites or otherwise causes physical harm to mail carriers, utility workers, City of Conneaut employees, delivery persons, or any police or emergency person; or
(5) Belongs to the breed that is commonly known as a pit bull terrier or canary dog as defined above. 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.
For the purposes of this section, “serious physical harm to persons” has the same meaning as provided in Section 501.01(e) of this Code.
(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; or
(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 that dog.
(c) Any person owning, keeping, possessing, harboring, maintaining or having the care, custody or control of a dog shall be strictly liable if such dog is found to:
(1) Be at large within the City unless securely attached upon a leash held in the hand of a person in a manner which continuously controls the dog.
(2) Snap at or attempt to bite or attempt to cause physical harm to any other person, domestic animal or feline, while the dog is off the premises of the owner, or while on premises which are not exclusively controlled by the owner.
(3) Cause physical harm to property of another while the dog is off the premises of the owner, or while on premises which are not exclusively controlled by the owner.
(4) Bite or otherwise cause physical harm to any person, domestic animal or feline, while the dog is off the premises of the owner, or while on premises which are not exclusively controlled by the owner.
(5) Bite or otherwise cause physical harm to mail carriers, utility workers, City of Conneaut employees, delivery persons, or any police or emergency persons while the dog is on the premises of the owner or the premises under the control of the owner.
(6) Cause serious physical harm to any person, unless the dog was:
A. Being teased, tormented or abused by a person, or
B. 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 to carry out illegal or criminal activity.
(d) Defenses.
(1) It shall be an affirmative defense to a violation of Section 505.14(c) that the dog was:
A. Securely confined in an automobile or cage which was adequately ventilated.
B. Being used for lawful hunting purposes.
C. Being exhibited at a public dog show, zoo, museum, or public institution.
D. Engaged in any activity approved by the laws of the State.
(2) No public law enforcement agency or member thereof, or a licensed private law enforcement agency or a member thereof, shall be convicted of any violation of this section where the dog is owned by the agency and being utilized for law enforcement purposes.
(e) Penalty.
(1) Any person who is the owner, keeper, possessor, harborer or who maintains, or has the care, custody or control of a dangerous or vicious dog, and who violates Section 505.14(c)(1) shall be guilty of a minor misdemeanor.
(2) Any person who is the owner, keeper, possessor, harborer or who maintains, or who has the care, custody, or control of a dangerous or vicious dog, and who violates Section 505.14(c)(2), shall be guilty of a third degree misdemeanor on the first offense. In addition, the Court may order that the vicious or dangerous dog shall complete dog obedience training. On each subsequent offense, said person shall be guilty of a first degree misdemeanor. In addition, the Court may order that the vicious or dangerous dog shall complete dog obedience training.
(3) Any person who is the owner, keeper, possessor, harborer or who maintains, or who has the care, custody, or control of a dangerous or vicious dog, and who violates Section 505.14(c)(3), (4) or (5), shall be guilty of a first degree misdemeanor on the first offense. On each subsequent offense, said person shall be guilty of a felony and prosecuted under State law.
(4) Any person who is the owner, keeper, possessor, harborer or maintains, or having the care, custody or control of a dangerous or vicious dog, and who violates Section 505.14(c)(6), shall be guilty of a felony and prosecuted under State law.
(Ord. 88-01. Passed 9-24-01.)