(a) Definitions. The following definitions shall apply in the interpretation and enforcement of this section:
(1) "Health Commissioner" means the Health Commissioner of the City or his authorized representative.
(2) "Vicious animal" means any animal which represents a danger to any person(s), or to any other domestic animal, for any of the following reasons:
A. Any animal that kills or causes serious physical harm (as defined in Ohio R.C. 2901.01(E)) to any person or domestic animal.
B. Any animal which inflicts wounds from multiple bites during the course of an attack against any person.
C. Any animal which bites or causes physical harm to any person or domestic animal while off the premises of the owner on more than one occasion.
D. Any dog that is classified as vicious under Ohio R.C. 955.11(A)(4)(a)(iii).
E. Vicious animal does not include a police dog that has inflicted any harm specified in this division if such police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(Ord. 50-87. Passed 11-16-87.)
(3) "Dangerous animal" means any animal which has bitten any person and represents a danger, but does not qualify as a "vicious animal" as defined above.
(4) "Owner" means any person owning, keeping, possessing, harboring, maintaining, or having the care, custody or control of an animal.
(b) Dangerous Animals. The Health Commissioner may enter an order declaring any animal to be a "dangerous animal" which qualifies as defined in subsection (a)(3) hereof.
(1) The Health Commissioner shall cause a copy of his order served upon the owner of any animal declared to be a dangerous animal, notifying them of such designation. The order shall further specify the appropriate steps to be taken to properly house, confine, and control the animal.
(2) Any owner of a declared dangerous animal may appeal the Health Commissioner's orders and the conditions imposed by the order to the Board of Health within five days of being served with such order.
(c) Notification Procedure for "Vicious Animals". The Health Commissioner shall cause written notice to be served upon the owners of any suspected "vicious animal", notifying them of the nature of the complaint against the animal and the time, date, and location of the Determination Hearing required by subsection (d) hereof. Such notice shall further specify the appropriate means of confinement for the animal pending the issuance of findings from the Determination Hearing. The place of confinement may be, if suitable in the opinion of the Health Commissioner, the premises of the owner, a veterinary hospital, a boarding kennel, or an animal shelter approved by the Health Commissioner. The Health Commissioner may cause the animal to be removed from the premises of the owner and placed in a suitable place of confinement without the permission of the owner. All animals held in confinement shall be boarded and cared for at the expense of the owner.
(d) Determination Hearing for "Vicious Animals". A Determination Hearing shall be conducted by the Health Commissioner whenever there is a cause to believe that an animal may be a "vicious animal" as defined in subsection (a)(2) hereof.
(1) The Determination Hearing shall be conducted within ten days after serving notice to the owner.
(2) The Health Commissioner shall determine whether to declare the animal to be a "vicious animal" based upon evidence and testimony presented at the time of the hearing by the owner, witnesses to any incident(s) which may be considered germane to such determination, Health Department personnel, City personnel, police, or any other person possessing information pertinent to such determination.
(3) If the Health Commissioner determines that the animal is a "vicious animal" he may order the following:
A. The animal may be ordered destroyed by a suitable and humane method at the expense of the owner.
B. The animal may be ordered confined permanently under any conditions which the Health Commissioner determines sufficient to protect the public and/or other domestic animals.
(4) The Health Commissioner shall either dismiss the complaint or enter an order declaring the animal to be a "vicious animal" within three days after the completion of the Determination Hearing.
(5) The owner shall have the right to appeal the Health Commissioner's order to the Board of Health within five days of being served with such order.
(e) Appeal to the Board of Health. Any order of the Health Commissioner appealed to the Board of Health pursuant to subsection (b)(2) or (d)(5) hereof, shall be heard by the Board within thirty days of the date of the filing of the appeal with the Board. Filing of such appeal shall not stay any notice or order of the Health Commissioner issued pursuant to this section. The Board shall adopt rules and procedures for the purpose of conducting such appeals.
(f) Prohibitions. No person shall:
(1) Sell or permanently transfer:
A. A declared dangerous animal without first notifying in writing the Health Commissioner of his intent,
B. A "vicious animal" without first obtaining the written permission of the Health Commissioner.
(2) Fail to comply with or otherwise violate:
A. Any order of the Health Commissioner declaring any animal to be a dangerous animal issued pursuant to subsection (b) hereof;
B. Any written notice regarding any suspected vicious animal issued by the Health Commissioner pursuant to subsection (c) hereof;
C. Any order of the Health Commissioner declaring any animal a vicious animal issued pursuant to subsection (d)(3) hereof.
(Ord. 1-87. Passed 1-5-87.)