(a) No dog of fierce, dangerous, or vicious propensities, or no female dog in heat, whether licensed or not, shall be allowed to run at large upon the premises of one other than the owner. If any such dog is found running at large in violation of this section, it shall be taken up and impounded, and shall not be released except as provided in this chapter; however, if any dangerous, fierce, or vicious animal, so found at large, cannot be safely taken up and impounded, the dog may be destroyed by the Dog Warden or any police officer.
(b) Dogs running at large; dangerous or vicious dogs.
(1) As used in this section, "dangerous dog" and "vicious dog" have the same meanings as in Ohio R.C. 955.11.
(2) No owner, keeper, or harborer or 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.
(3) No owner, keeper, or harborer or any dog shall fail at any time to keep it either physically confined or restrained upon the premises of the owner, keeper, or harborer by a leash, tether, adequate fence, supervision, or secure enclosure to prevent escape, or under reasonable control of some person, except when the dog is lawfully engaged in hunting accompanied by the owner, keeper, or harborer or a handler.
(4) No owner, keeper or harborer of a dangerous or vicious dog shall fail to do either of the following, except when the dog is lawfully engaged in hunting or training for the purpose of hunting, accompanied by the owner, keeper, harborer, or a handler:
A. While that dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a locked pen which has a top, locked fenced yard, or other locked enclosure which has a top, except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained;
B. While that dog is off the premises of the owner, keeper, or harborer, keep it 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 that dog in a locked pen which has a top, locked fenced yard, or other locked enclosure which 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 such a person in close enough proximity to that dog so as to prevent it from causing injury to any person;
3. Muzzle that dog.
(5) 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 one hundred thousand dollars ($100,000) because of damage or bodily injury to or death of a person caused by the vicious dog. (ORC 955.22)
(6) Penalty.
A. Whoever violates subsections (b)(2) or (b)(3) hereof shall be fined not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00) on a first offense; and on each subsequent offense, shall be fined not less than seventy-five dollars ($75.00) or more than two hundred fifty dollars ($250.00) and may be imprisoned for not more than thirty days.
B. In addition to the penalties prescribed in subsection (a) hereof, if the offender is guilty of a violation of subsection (b)(2) or (b)(3) hereof, the court may order the offender to personally supervise the dog that he owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both.
C. If a violation of subsection (b)(4) hereof involves a dangerous dog, whoever violates that subsection 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 he 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 subsection (b)(5) hereof. 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.
D. If a violation of subsection (b)(4) hereof involves a vicious dog, whoever violates that subsection is guilty of one of the following:
1. A felony of the fourth degree on a first or subsequent offense if the dog kills or seriously injures a person and shall be prosecuted under appropriate state law. Additionally, the court shall order that vicious dog be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society.
2. A misdemeanor of the first degree on a first offense. The person shall be guilty of a felony of the fourth degree on each subsequent offense and shall be prosecuted under appropriate state law. 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.
3. A misdemeanor of the first degree if the dog causes injury other than killing or serious injury, to any person.
E. Whoever violates subsection (b)(5) hereof is guilty of a misdemeanor of the first degree. (1979 Code 91.10)