(A) Definitions. For the purpose of this section the following definitions shall apply.
(1) (a) DANGEROUS DOG. A dog that, without provocation, and subject to division (A)(1)(b) of this definition, has done any of the following:
1. Caused injury, other than killing or serious injury, to any person;
2. While unconfined and without provocation, injured or killed any domestic animal, including, but not exclusively, a dog or cat;
3. Been the subject of a third or subsequent violation of division (C) of this section, or a third or subsequent violation of § 96.11 of this code.
(b) DANGEROUS DOG does not include a police dog that has caused injury, other than killing or serious injury, to any person, or has killed another dog while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(2) MENACING FASHION. Means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) (a) NUISANCE DOG. A dog that, subject to division (A)(3)(b) of this section, without provocation and while off the premises of its owner, keeper or harborer has chased or approached a person in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person.
(b) NUISANCE DOG does not include a police dog that while being used to assist one or more law enforcement officers in the performance of their official duties has chase or approached a person in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person.
(4) 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 official duties.
(5) PREMISES. For the purpose of this section, refers to all buildings and open spaces on a property, with the exception of the front yard, as defined by § 150.03 of the Forest Park Code of Ordinances.
(6) SERIOUS INJURY. Means any of the following:
(a) Any physical harm that carries a substantial risk of death;
(b) Any physical harm that involves a permanent incapacity, whether partial or total, or a temporary, substantial incapacity;
(c) Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement;
(d) Any physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain.
(7) (a) VICIOUS DOG. A dog that, without provocation and subject to division (A)(7)(b) of this section, has killed or caused serious injury to any person.
(b) VICIOUS DOG does not include either of the following:
1. A police dog that has killed or caused 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;
2. A dog that has killed or cause serious injury to any person while that person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper or harborer of the dog.
(8) WITHOUT PROVOCATION. Means that a dog was not teased, tormented or abused by a person, or that the dog was not 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 of carrying out such activity.
(B) Dogs in heat. No owner, keeper or harborer of any female dog shall permit it to go beyond the premises of the owner, keeper, or harborer at any time the dog is in heat unless the dog is properly in leash.
(C) Restraint and confinement. No owner, keeper, or harborer of a dog shall fail at any time to do either of the following:
(1) Keep the dog physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, tether, adequate fence, or secure enclosure to prevent escape.
(2) Keep the dog on a leash that is not more than six feet in length and controlled by a person of suitable age who is the owner, keeper or harborer of the dog.
(D) Restraint of dangerous or vicious dogs. No owner, keeper or harborer of a dangerous or vicious dog shall fail to do either of the following:
(1) While that 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, locked, fenced yard, or other locked enclosure that has a top.
(2) While that 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:
(a) Keep that dog in a locked pen that has a top, locked, fenced yard, or other locked enclosure that has a top;
(b) 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 such a person in close enough proximity to that dog so as to prevent it from causing injury to any person;
(c) Muzzle that dog.
(E) Insurance, registration and notification. No person who has been convicted of or pleaded guilty to three or more violations of division (C) of this section, involving the same dog and no owner, keeper, or harborer of a dangerous or vicious 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, animal control officer, or public 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, and ensure that the dog wears the collar and tag at all times;
(3) Notify the Animal Control Officer immediately if any of the following occurs:
(a) The dog is loose or unconfined.
(b) 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.
(c) The dog attacks another animal while the dog is off the property of the owner of the dog.
(F) Possession of dogs by convicted felons. No person who is convicted of or pleads guilty to a felony offense of violence committed on or after the effective date of this section or a felony violation of any provision of R.C. Chapter 959, 2923, or 2925 committed on or after the effective date of this section, shall knowingly own, possess, have custody of, or reside in a residence with either of the following for a period of three years commencing either upon the date of release of the person from any period of incarceration imposed for the offense or violation or, if the person is not incarcerated for the offense or violation, upon the date of the person's final release from the other sanctions imposed for the offense or violation:
(1) An unspayed or unneutered dog older than 12 weeks of age;
(2) Any dog that has been determined to be a dangerous or vicious dog under this section or R.C. Chapter 955.
(G) Designation of nuisance, dangerous or vicious dog. The Forest Park Mayor's Court shall conduct any hearing concerning the designation of the dog pursuant to this section as a nuisance dog, dangerous dog, or vicious dog.
(1) If a person who is authorized to enforce this section has reasonable cause to believe that a dog is a nuisance dog, dangerous dog, or vicious dog, the person shall notify the owner, keeper, or harborer of that dog, by certified mail or in person, of both of the following:
(a) That the person has designated the dog a nuisance dog, dangerous dog, or vicious dog, as applicable;
(b) That the owner, keeper, or harborer of the dog may request a hearing regarding the designation in accordance with this section. The notice shall include instructions for filing a request for a hearing in the county in which the dog's owner, keeper, or harborer resides.
(2) If the owner, keeper, or harborer of the dog disagrees with the designation of the dog as a nuisance dog, dangerous dog, or vicious dog, as applicable, the owner, keeper, or harborer, not later than ten days after receiving notification of the designation, may request a hearing regarding the determination. The request for a hearing shall be in writing and shall be filed with the Clerk of Court. At the hearing, the person who designated the dog as a nuisance dog, dangerous dog, or vicious dog has the burden of proving, by clear and convincing evidence, that the dog is a nuisance dog, dangerous dog, or vicious dog.
The owner, keeper, or harborer of the dog or the person who designated the dog as a nuisance dog, dangerous dog, or vicious dog may appeal the court's final determination as in any other case filed in that court.
(3) A court, upon motion of an owner, keeper, or harborer or an attorney representing the owner, keeper, or harborer, may order that the dog designated as a nuisance dog, dangerous dog, or vicious dog, be held in the possession of the owner, keeper, or harborer until the court makes a final determination under this section or during the pendency of an appeal, as applicable. Until the court makes a final determination and during the pendency of any appeal, the dog shall be confined or restrained in accordance with the provisions of division (D) of this section, regardless of whether the dog has been designated as a vicious dog or a nuisance dog, rather than a dangerous dog. The owner, keeper, or harborer of the dog shall not be required to comply with any other requirements established in the Ohio Revised Code that concern a nuisance dog, dangerous dog, or vicious dog, as applicable, until the court makes a final determination and during the pendency of any appeal.
(4) If a dog is finally determined under this section, or on appeal as described in this section, to be 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 dog obedience training, or to do both.
(5) If a dog is finally determined under this section, or on appeal as described in this section, to be a dangerous dog, the court may order one or all of the following:
(a) That 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
(b) That division (D) and (E) of this section apply with respect to the dog and the owner, keeper, or harborer of the dog;
(c) That the dangerous dog be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society at the owner's expense.
(6) If a dog is finally determined under this section, or on appeal as described in this section, to be a vicious dog, the court may order that division (D) and (E) of this section apply with respect to the dog and the owner, keeper, or harborer of the dog as if the dog were a dangerous dog. The court, in the alternative, may order the vicious dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society at the owner's expense.
(H) Penalty. In addition to the orders that the court may issue pursuant to division (G) of this section the following penalties shall apply to violations of this section, or to violations of § 96.11 of this code:
(1) A person violating this section involving a dog that is not a nuisance dog, dangerous dog, or vicious dog, shall be guilty of a minor misdemeanor on the first offense and a fourth degree misdemeanor on subsequent offenses.
(2) A person violating this section involving a dog that is nuisance dog shall be guilty of a minor misdemeanor on the first offense and a fourth degree misdemeanor on subsequent offenses.
(3) A person violating this section involving a dog that is a dangerous dog shall be guilty of a fourth degree misdemeanor on the first offense and a third degree misdemeanor on subsequent offenses.
(4) A person violating this section involving a dog that is a vicious dog shall be guilty of a fourth degree misdemeanor on the first offense and a first degree misdemeanor on subsequent offenses.
(Ord. 20-2007, passed 7-2-07; Am. Ord. 08-2012, passed 7-16-12; Am. Ord. 03-2017, passed 5-15-17; Am. Ord. 07-2018, passed 4-15-18)