(a) As used in this section:
(1) A. “Dangerous dog” means a dog that, without provocation, and subject to division (a)(1)B. of this section, has done any of the following:
1. Caused injury, other than killing or serious injury, to any person;
2. Killed another dog;
3. Been the subject of a third or subsequent violation of division (C) of Section 955.22 of the Revised 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. Subject to division (a)(3)B. of this section, “nuisance dog” means a dog that 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 bitten, or 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 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.
(4) “Police dog” means 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) “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 or prolonged or intractable pain.
(6) A. “Vicious dog” means a dog that, without provocation and subject to subsection (a)(6)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 caused serious injury to any person while a 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.
(7) “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 the 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) Except when a dangerous or vicious dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, harborer or handler of the dog, 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 confined in at all times in a locked pen that has a top, locked fence yard or other locked enclosure that 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.
(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 the dog in a locked pen that has a top, 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 of 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; and/or
C. Muzzle the dog.
(c) No owner, keeper, or harborer of 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.
(d) If a violation of subsection (b) hereof involves a dangerous dog, whoever violates that division is guilty of a misdemeanor of the fourth degree for a first offense and of a misdemeanor of the third degree for each subsequent offense. Additionally, the Court may order the offender to personally supervise the dangerous dog that the offender owns, keeps or harbors, to cause the dog to complete obedience training, or do both and the Court may order the offender to obtain liability insurance pursuant to division (c) of this section. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the Annual Control Officer or the Humane Society.
(e) If a violation of subsection (b) hereof involves a vicious dog, whoever violates that division is guilty of one of the following:
(1) A misdemeanor of the first degree for a first offense. Additionally, the Court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the Animal Control Officer or the Humane Society.
(2) A misdemeanor of the first degree if the dog causes injury, other than killing or serious injury, to a person.
(f) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree. (Ord. 12-37. Passed 7-21-12.)