(A) Dangerous dog to be properly confined or leashed. The owner or harborer of a dangerous dog shall keep said dog:
(1) When outdoors and on the premises in a securely fenced area or on a leash controlled by a competent adult.
(2) When not on the premises, securely restrained with a leash, not exceeding six feet in length, and under the control of a competent adult.
(B) Vicious dog to be properly confined or leashed. The owner or harborer of a vicious dog shall:
(1) When the dog is indoors secure all means of egress so that the dog may not exit;
(2) When the dog is outside and on the premises of the owner or harborer, confined at all times in a roofed, securely fenced, and locked, barricade designed so that the dog may not dig its way out. The barricade must be at least six feet in height measuring from the ground with an attached top, and posted with a sign stating vicious dog by both symbol and words, and constructed so that a child can not penetrate the barricade with his hand;
(3) When the dog is off the premises of the owner or harborer, muzzled and securely restrained with a leash not exceeding three feet in length and under the control of a competent adult. In the alternative said vicious dog may be confined in a locked crate which is constructed of material of sufficient strength to prevent escape and posted with a sign stating vicious dog by both symbol and words, and constructed so that a child can not penetrate, the barricade with his hand;
(4) When the dog is in a vehicle or is being transported in an open truck bed, or other conveyance, it shall be confined in a locked crate or cage which is constructed of material of sufficient strength to prevent escape and posted with a sign stating vicious dog by both symbol and words, and constructed so that a child can not penetrate the barricade with his hand.
(C) Possession of a dangerous or vicious dog prohibited.
(1) It shall be unlawful for any person to own or harbor a dangerous or vicious dog that is not a pit bull terrier unless said dog has been registered pursuant to this chapter. It shall be unlawful for any person to breed, sell or transfer ownership of a vicious dog. It shall not be a violation of this section for a person to transfer ownership of a vicious dog to an animal shelter.
(2) It shall be unlawful for any person to own, keep, possess, control, harbor, breed, sell or transfer ownership of a pit bull terrier; as defined herein, within the incorporated limits of the village.
(a) PIT BULL TERRIER is hereby defined as any Staffordshire 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 or American Staffordshire Terrier, as to be identifiable as partially of the breed of Staffordshire Bull Terrier or American Staffordshire Terrier.
(b) Testimony by a veterinarian, zoologist, Elmwood Police officer trained in animal control, or animal control officer (SPCA) that a particular dog exhibits distinguishing physical characteristics of a pit bull shall establish a rebuttable presumption that the dog is a pit bull.
(3) This section is a necessary control to eliminate the risk of attack by pit bulls on human beings in the village which has become a threat to the health, safety and welfare of the public in all areas of the village; and the lack of knowledge or lack of intent is not a defense to any violation thereof.
(4) It shall not be a violation of this section for animal shelters and veterinary clinics, as defined herein, to own, keep, possess, control, or harbor a pit bull terrier or vicious dog within the municipal limits of Elmwood Place.
(5) Animal shelter shall mean an incorporated humane society or a registered nonprofit foundation.
(6) Veterinary clinic shall mean a legal entity with validly licensed veterinarian(s) under R.C. Chapter 4741, that maintains custody of the dog for the purpose of providing medical treatment.
(D) Possession of a dangerous or vicious dog limited.
(1) It shall be unlawful for any person to own or harbor more than three dangerous dogs.
(2) It shall be unlawful for any person to own or harbor more than one vicious dog, which is over the age of six months, at one time.
(E) Dangerous and vicious dogs to be registered. The owner or harborer of a dangerous and/or vicious dog shall, within seven days of possession, comply with divisions (E)(1) through (3) of this section; and with all other divisions as indicated herein.
(1) Have the dangerous dog identified using a micro chip inserted between the top of the dog's shoulder blades at the withers, by an individual licensed to practice veterinary medicine in the State of Ohio.
(2) Have the vicious dog tattooed on an inside thigh and have an identifying micro chip inserted between the top of the dog's shoulder blades at the withers, by an individual licensed to practice veterinary medicine in the State of Ohio. The tattoo shall be a number provided by the Elmwood Place Police Department.
(3) Provide the Elmwood Place Police Department with:
(a) Documentation from the veterinarian describing the tattoo and microchip number;
(b) Current color photographs of the dog showing the front face, side head, and whole body of the dog, and any other identifying characteristic such as color marking or scars; and
(c) The name, address, and phone number of the owner or harborer.
(d) If the owner or harborer has registered a dangerous or vicious dog he/she shall notify within 24 hours, the Elmwood Place Police Department of a change of his address and/or phone number;
(e) If the owner or harborer of a dangerous or vicious dog has sold, given away, or if control of said dog has in any other manner been transferred for more than 48 consecutive hours, he shall notify the Elmwood Place Police Department within 24 hours of the name and address of the individual harboring the dog.
(f) Within 72 hours of taking possession of a dog registered under this chapter, register the dog with the Elmwood Place Police Department, if the dog is harbored in the village.
(g) The owner or harborer of a dangerous or vicious dog shall re-register the dog with the Elmwood Place Police Department annually.
(h) The owner or harborer of a vicious dog shall immediately notify the Elmwood Place Police Department when the dog is loose or has attacked a person.
(i) This section does not apply to those pit bulls, which are not permitted to be owned, possessed, harbored, or controlled within the limits of the village.
(F) Liability insurance required. The owner or harborer of a vicious dog, or in the event the owner is a minor, the owner's parent or guardian shall obtain and keep in force liability insurance, in an amount of not less than $100,000, protecting against injury or death caused by such vicious dog. The owner or harborer, or in the event the owner or harborer is a minor, the owner's or harborer's parent or guardian shall provide the Elmwood Place Police Division with proof of the insurance required herein.
(G) Pit bull identification. A pit bull may be identified by veterinarian licensed by the State of Ohio, the Hamilton County Dog Warden, an Elmwood Place Police Officer trained in animal control, or a deputy Hamilton County Dog Warden.
(H) Penalties.
(1) Whoever violates division (A) or (F) of this section shall be guilty of a second degree misdemeanor.
(2) Whoever violates division (B), (C), (D), or (E) of this section shall be guilty of a first degree misdemeanor.
(3) In addition to divisions (H)(1) and (2) of this section, any vicious dog which attacks a human being or domestic animal may be ordered destroyed when, in the court's judgment, such vicious dog represents a continuing threat of severe harm to human beings or domestic animals.
(4) In addition, any person found guilty of violating division (B) of this section shall pay all expenses including shelter, food, and transportation of the dog, expenses for identification of the breed of animal and veterinary expenses necessitated by the seizure of any dog for the protection of the public.
(Ord. 07-10, passed 10-12-2010)