(a) No person owning or harboring or having the care of a vicious dog shall suffer or permit such animal to go unconfined on the premises of such person.
(b) No person owning or harboring or having the care of a vicious dog shall suffer or permit such dog to be beyond the premises of such person unless such dog is securely leashed and muzzled.
(c) Definitions.
(1) A “vicious dog” is “unconfined” as the term is used in this section if such dog is not securely indoors or confined in a securely enclosed and locked pen or structure upon the premises of the person described in subsection (a) hereof. Such pen or structure must have secure sides. If the structure does not have a secure top, the sides shall extend to a height of six feet above ground. If the pen or structure has no bottom secured to the sides, the sides must be imbedded in the ground no less than one foot. The fence must be made of adequate material to restrain the dog.
(2) A “vicious dog” as the term is used in this section means:
A. Any dog with a propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or other domestic animals; or
B. Any dog which attacks a human being or another domestic animal one or more times without provocation; or
C. Any pit bull terrier which shall be herein defined as any Staffordshire Bull Terrier breed of dogs or any mixed breed of dog which contains as an element of its breeding the breed of Staffordshire Bull Terrier or American Staffordshire Terrier as to be identifiable as partially of the breed of Staffordshire Bull Terrier or American Staffordshire Terrier by a qualified veterinarian duly licensed as such by the State of Ohio.
(d) Subsections (a) and (b) above are necessary controls on the unrestrained activity of vicious animals which threaten the safety of streets, parks, sidewalks, yards and all areas of the City; and lack of knowledge or lack of intent is not a defense to a violation thereof.
(e) Penalty.
(1) Whoever violates this section is guilty of a misdemeanor of the first degree; and any animal which attacks another domestic animal or human being may be ordered destroyed by the court.
(2) When any person is found guilty of a second offense of this section, such person shall be guilty of a misdemeanor of the first degree, and shall be fined one thousand dollars ($1,000.00) which fine shall be mandatory, and shall not be suspended.
(3) Any person found guilty of violating 505.15 shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog. (Ord. 19-01. Passed 9-5-01.)