505.16 VICIOUS DOG.

   (a)   "Vicious dog" means a dog that, without provocation, meets any of the following:

(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 domestic animal;

(3)   Belongs to a breed that is commonly known as a pit bull dog or pit bull terrier which includes any Staffordshire bull terrier or american Staffordshire terrier breed of dog or which is identifiable as partially of such breed.

   (b)   "Vicious dog" does not include dogs identified in Ohio R.C. 955.11(A)(4)(b).

   (c)   No owner, keeper or harborer of a vicious dog shall do either of the following:

(1)   Suffer or permit the vicious dog to go unconfined on the premises of such owner, keeper or harborer;

(2)   Suffer or permit the vicious dog to go beyond the premises of such owner, keeper, or harborer unless such dog is securely leashed or otherwise securely restrained by a person who is of suitable age and discretion.

   (d)   A vicious dog is "unconfined" as used in this section if the dog is not securely confined indoors or confined in a securely enclosed and locked pen or dog run area upon the premises of the owner, keeper or harborer. Such pen or dog run area must also have either sides six feet high or a secure top.

   (e)   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 fifty thousand dollars because of damage or bodily injury to or death of a person caused by the vicious dog.

   (f)   Whoever violates this section shall be guilty of a misdemeanor of the third degree on the first offense and a misdemeanor of the first degree for each subsequent offense under this section. In addition to any other sentence that it imposes upon the offender under this section, the court may order a dog either destroyed or permanently removed from the City when, in the court's judgment, such dog represents a continuing threat of serious harm to human beings or other domestic animals. The fact that a dog has chased or approached in a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person while that dog was off the premises of its owner, keeper or harborer shall not control the court's discretion but shall be considered in favor of the destruction or permanent removal of the dog from the City. Any person found guilty of violating this section shall pay all expenses, including shelter, food, boarding and veterinary expenses necessitated by the seizure of the dog, and such other expenses as may be required for the destruction or permanent removal from the City of any such dog. (Ord. 104-96. Passed 7-22-96.)