(A) Animals, other than dogs, running at large.
(1) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AT LARGE. Off the premises of the owner and not under restraint by leash, cord, wire, strap, chain, harness, or other similar device or fence or secure enclosure adequate to contain the animal;
IDENTIFICATION. A valid registration that identified the current name, address, and telephone number of the owner, keeper or harborer or refers to a national registration database.
STRAY. An animal running at large without identification;
(2) (a) No person being the owner or having charge of cattle, horses, swine, sheep, geese, ducks, goats, turkeys, cats, chickens, or other fowl or animals shall permit them to run at large upon any public place, upon any unenclosed lands, upon the premises of another, or to go beyond the premises of the owner, keeper or harborer at any time, unless the animal is properly on a leash, tether, or harness.
(b) Whoever violates subsection (A)(2) hereof is guilty of a minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense.
(3) 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.
(4) The owner or keeper of an animal described in this section who negligently permits it to run at large is liable for all damages resulting from injury, death, or loss to person or property caused by the animal running at large.
(5) A person finding an animal at large, except for a stray cat, in violation of this section may, and a law enforcement officer of the village or a vendor for the village, on view or information, shall, take and confine that animal, promptly giving notice of the taking and confining of the animal to the owner or keeper, if known, and, if not known, by publishing a notice describing the animal once in a newspaper of general circulation in the county, township, city, or village where the animal was found. If the owner or keeper does not appear and claim the animal and pay the compensation prescribed in R.C. § 951.13 for so taking, advertising, and keeping it within ten days from the date of the notice, that person or the county shall have a lien for that compensation, and the animal may be sold at public auction as provided in R.C. § 1311.49. The residue of the proceeds of sale shall be paid and deposited by the treasurer in the General Fund of the county.
(6) The village may, on its own, or by contract with any private vendor, remove any stray cat found running at large, and relocate the animal outside of the village or impound the stray cat at an animal shelter willing to accept stray cats. Any cat found with identification shall be subject to (A)(5), as provided herein.
(B) Dogs.
(1) (a) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(b) As used in this division (B), NUISANCE DOG, DANGEROUS' DOG, and VICIOUS DOG have the same meanings as in § 90.28.
(2) Except when a dog, that is not a dangerous dog, is lawfully engaged in hunting or training for the purpose of hunting and is accompanied b the owner, keeper, harborer, or handler of the dog, no owner, keeper or harborer shall fail at any time to do either of the following:
(a) Keep the dog physically confined or restrained upon the premise of the owner, keeper or harborer by a leash, tether, adequate fence, supervision, or secure enclosure to prevent escape;
(b) Keep the dog under the reasonable control of some person;
(c) Whoever violates subsection (B)(2) hereof that involves a dog that is not a nuisance dog, dangerous dog or vicious dog is guilty of minor misdemeanor for a first offense and a misdemeanor of the fourth degree for each subsequent offense. In addition to the penalties prescribed above, if the offender is guilty of a violation of division (B)(2) hereof, that involves a dog that is not a nuisance dog, dangerous dog, or vicious dog, the court may order the offender to personally supervise the dog that the offender owns, keeps or harbors, to cause that dog to complete dog obedience training or to do both;
(d) Whoever commits a violation of division (B)(2) hereof, that involves a nuisance dog is guilty of a minor misdemeanor on the first offense and of a misdemeanor of the fourth degree on each subsequent offense involving the same dog. Upon a person being convicted of or pleading guilty to a third violation of subsequent division (B)(2) hereof involving the same dog, the court shall require the offender to register the involved dog as a dangerous dog. In addition to the penalties prescribed above, if a violation of division (B)(2) hereof involves a nuisance dog, the court may order the offender to personally supervise the nuisance dog that the offender owns, keeps or harbors, to cause that dog to complete obedience training, or to do both.
(3) Except when a dangerous dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of a dangerous dog shall fail to do either of the following:
(a) While the dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a locked pen that has a top;
(b) While the 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:
1. Keep the dog in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top;
2. 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 a person in close enough proximity to that dog so as to prevent it from causing injury to any person;
3. Or muzzle the dog.
(c) Whoever commits a violation of division (B)(3) hereof that involves a dangerous dog, 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. 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 R.C. § 955.22(E). 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 at the owner's expense. With respect to a violation of division (C) hereof that involves a dangerous dog, until the court makes a final determination and during the pendency of any appeal of a violation of that division and at the discretion of the Dog Warden, the dog shall be confined or restrained in accordance with R.C. § 952.22(D) or at the County Dog Pound at the owner's expense;
(d) No person who has been convicted of or pleaded guilty to three or more violations of division (B)(3) of this section involving the same dog and no owner, keeper, or harborer of a dangerous dog shall fail to do the following:
1. Obtain liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each, occurrence because of damage or bodily injury to or death of a person caused by the dangerous dog if so ordered by a court and provide proof of that liability insurance upon request to any law enforcement officer, county dog warden, or public health official charged with enforcing this section;
2. Obtain a dangerous dog registration certificate from the County Auditor pursuant to R.C. § 955.22, affix a tag that identifies the dog as a dangerous dog to the dog's collar, ensure that the dog wears the collar and tag at all times, and comply with al further requirements of said R.C. § 955.22;
3. Notify the local dog warden immediately if the dog is loose or unconfined; the dog bites a person, unless the dog is on the property of the owner of the dog, and the person who is bitten is unlawfully trespassing or committing a criminal act within the boundaries of that property; the dog attacks another animal while the dog is off the property of the owner of the dog;
4. lf the dog is sold, given to another person, or dies, notify the County Auditor within ten days of the sale, transfer, or death;
(e) No person shall do any of the following:
1. Debark or surgically silence a dog that the person knows or has reason to believe is a dangerous dog;
2. Possess a dangerous dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
3. Falsely attest on a waiver form provided by the veterinarian that the person's dog is not a dangerous dog or otherwise provide false information on that written waiver form;
(f) Whoever commits a violation of division (B)(3) hereof that involves a vicious dog:
1. Is guilty of a felony, if the dog kills a person, and shall be prosecuted under appropriate state law. Additionally, the court shall order that the vicious dog be humanely destroyed by licensed veterinarian, the County Dog Warden or the County Humane Society at the owner's expense;
2. Is guilty of a misdemeanor of the first degree if the dog causes serious injury to a person. 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. If the court does not order the vicious dog to be destroyed, the court shall issue an order that specifies that R.C. §§ 955.11(D) and 955.22(D) to (I) apply with respect to the dog and the owner, keepers or harborer of the dog as if the dog were a dangerous dog and that R.C. § 955.54 applies with respect to the dog as if it were a dangerous dog. As part of the order, the court shall order the offender to obtain the liability insurance required under R.C. § 955.22(E)(1) in an amount, exclusive of interest and costs, that equals or exceeds $100,000. Until the court makes a final determination and during the pendency of any appeal of a violation of division (A)(3) hereof and at the discretion of the Dog Warden, the dog shall be confined or restrained in accordance with the provisions described in R.C. § 955.22(D) or at the County Dog Pound at the owner's expense.
(4) A hearing may occur pursuant to R.C. § 955.23.
(Prior Code, § 90.01) (Ord. 16-15, passed 10-19-2015; Ord. 2-16, passed 1-11-2016)
Statutory reference:
Power of municipality to regulate animals running at large, see R.C. §§ 715.23 and 955.221