(a) As used in this section:
(1) A. "Dangerous dog" means a dog that, without provocation, and subject to subsection (a)(1)B. hereof, done any of the following:
1. Caused injury, other than killing or serious injury,
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 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.
A. Subject to subsection (a)(3)B. hereof, "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 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 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. An physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain.
(6) A. "Vicious dog" means a dog that, without provocation and subject to subsection (a)(6)B. hereof:
1. Has killed or caused serious injury to any persons;
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 or who was not using the dog as a means of carrying out such activity. (ORC 955.11)
(b) No person who has been convicted of or pleaded guilty to three or more violations of subsection (c) hereof involving the same 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 confine it at all times in a building, in a locked pen which has a top, locked fenced yard which has a top, or other locked enclosure which has a top; (ORC 955.22)
(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 that dog in a locked pen which has a top, locked fenced yard or other locked enclosure which 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 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;
C. Muzzle that dog.
(c) No owner, keeper or harborer of a dangerous or vicious dog shall fail to :
(1) 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 dangerous or vicious 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;
(2) Obtain a dangerous dog registration certificate from the County Auditor pursuant to Ohio R.C. 955.22(1), affix a tag that identifies the dog as a dangerous dog 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 dog, 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 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.
(d) If a violation of subsection (b) 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 (c) hereof. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the Dog Warden or the humane society.
(e) If a violation of subsection (b) hereof involves a vicious dog, whoever violates that subsection is guilty of one of the following:
(1) A misdemeanor of the first degree on a first offense. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the Dog Warden or the humane society.
(2) A misdemeanor of the first degree if the dog causes injury other than killing or serious injury, to any person.
(f) Whoever violates subsection (c) hereof is guilty of a misdemeanor of the first degree. (Ord. 11-12. Passed 6-5-12.)