(A) No person owning, harboring or having the care, custody or control of a vicious or dangerous dog shall permit such dog to go unconfined on the premises where such dog is located.
(B) No person owning, harboring or having the care, custody or control of a vicious or dangerous dog shall permit such dog to go beyond the premises of such person unless such dog is securely leashed and muzzled or otherwise securely restrained and muzzled.
(C) No person shall own or harbor any dog for the purpose of dog fighting, nor shall any person train, torment, badger, bait or use any dog for the purpose of causing or encouraging such dog to make unprovoked attacks upon human beings or domestic animals.
(D) No person shall possess with intent to sell, or offer for sale, or breed, or buy or attempt to buy, within the village, any vicious or dangerous dog.
(E) As used in this section:
(1) UNCONFINED means, when such dog is indoors, not securely restrained in such a manner that will allow the dog to come into physical contact with anyone lawfully in such premises, unless the person lawfully in such premises has specifically consented to such dog being unrestrained while in his or her presence. When such dog is outdoors, UNCONFINED means not confined in a securely enclosed and locked pen or structure upon the premises of the person owning, harboring or having the care, custody or control of a vicious dog. Such pen or structure must have secure sides and a secure top. If the pen or structure has no bottom secured to the sides, the sides must be embedded into the ground not less than 1 foot.
(2) VICIOUS DOG means a dog that, without provocation, has killed or caused serious injury to any person.
(3) DANGEROUS DOG means:
(a) A dog that has bitten, injured or killed any domestic animal, including but not limited to another cat or dog.
(b) A dog that, in a menacing fashion, would cause any person who is being chased or approached by the dog to reasonably believe that the dog will cause injury to that person.
(c) Any dog that pursuant to § 174.01(B) has received a citation for running at large 3 or more times.
(4) Any dog that bites, injures or kills another domestic animal off its premises will be labeled as a DANGEROUS DOG and the owner, harborer or keeper of a dangerous dog must comply with the following:
(a) Obtain a dangerous dog tag from the County Auditor, obtain insurance for the dangerous dog, spay or neuter the dangerous dog, microchip the dangerous dog, present proof that the dangerous dog is up to date on all its vaccinations, keep the dangerous dog in a completely enclosed kennel.
(b) Keep the dangerous dog on a chain link leash and be muzzled when off the premises of the owner or harborer.
(c) Be handled by a person 18 years of age or older when off the premises of the owner or harborer.
(F) Divisions (A) and (B) hereof are necessary controls on the unrestrained activities of vicious animals which threaten the safety and pleasantness of streets, parks, sidewalks, yards and all other areas of the village. Neither ignorance of such sections nor the absence of intent to violate the same are valid defenses to a prosecution for violation thereof.
(G) Any vicious dog which attacks a human being or another domestic animal may be ordered destroyed when, in the judgment of the court, such vicious dog represents a continuing threat of serious harm to human beings or other domestic animals.
(H) Any animal warden, police officer or other person authorized by the Mayor or Police Chief may impound an animal which has bitten or attacked a person or other animal without sufficient provocation. If, within 10 days after such impounding, the owner fails to pay the cost of impounding and to make suitable arrangements for the immediate and permanent removal of such animal from the village, such animal may be destroyed unless it is deemed advisable to keep it under observation for a longer period of time, in which case the owner shall be given additional time within which to pay such cost and to dispose of the animal.
(I) In addition to the penalty provided in division (J) hereof, whoever violates any of the provisions of this section shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal, boarding and veterinary expenses necessitated by the seizure of the dog for the protection of the public, and such other expenses as may be requested for the destruction of any such dog.
(J) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the third degree for a first offense. For a second offense, such person is guilty of a misdemeanor of the second degree. For a third offense, such person is guilty of a misdemeanor of the first degree. If any violation of this section, regardless of the number of prior violations, results in any type of physical harm to a person or domestic animal, the offender shall be guilty of a misdemeanor of the first degree. The penalty shall be as provided under Ohio statutes.
(Ord. 1664, passed 10-13-2014)