618.16  RESTRAINT OF DANGEROUS OR VICIOUS DOG.
   (a)   No owner of a dangerous or vicious dog shall fail to do one of the following:
      (1)   Keep the dog inside the owner's home;
      (2)   Keep the dog in a locked enclosure at least five feet by ten feet which has a secure top and sides. If the enclosure has no bottom securely attached to the sides, the sides must be embedded into the ground no less than two feet or it must have a concrete base with the fencing securely attached or anchored to the concrete perimeter to a depth of six inches;
      (3)   Keep the dog muzzled on a chain-link leash that is not more than six feet in length which is held in the hand of a person who is of suitable age, size and discretion to control the animal and who is outside with the animal.
   (b)   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 in an amount described in Ohio R.C. 955.99(H)(2);
      (2)   Obtain a dangerous dog registration certificate from the County Auditor pursuant to Ohio R.C. 955.22(I), affix a tag that identifies the dog as a dangerous animal to the dog's collar, and ensure that the dog wears the collar and tag at all times;
      (3)   Notify the local dog warden 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 animal, 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 domestic animal while the dog is off the property of the owner of the dog.
      (4)   If the dog is sold, given to another person, or dies, notify the County Auditor within ten days of the sale, transfer, or death.
   (c)   It is an affirmative defense to a charge of violation of this section that the dog was otherwise kept in a manner in compliance with this chapter, and that the dog was lawfully engaged in hunting or in training for the purpose of hunting and accompanied by the owner.
   (d)   Subject to the provisions of Section 618.01(g) where injury is alleged, whoever violates this section 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 dangerous or vicious animal to be either forfeited to the Ashtabula Animal Protective League with their agreement, or humanely destroyed by a licensed veterinarian, the dog warden or the human society at the owner's expense.