618.01 DANGEROUS OR VICIOUS DOGS/CONTROL OF DOGS AND OTHER ANIMALS.
(a) As used in this section:
(1) "Dangerous dog" means a dog that, without provocation, has attempted to bite or otherwise endanger any person, while that dog is off the premises of its owner, and not under the reasonable control of its owner, keeper, harborer, or some other responsible person, or not physically restrained or confined in a locked pen which has a top, locked fenced yard, or other locked enclosure which has a top. "Dangerous dog" does not include a police dog that has chased or approached in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger 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) "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) "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.
(4) "Vicious dog" means a dog that, without provocation and subject to subsection (a)(5) of this section, meets any of the following:
A. Has killed or caused serious injury to any person; or
B. Has caused injury, other than killing or serious injury, to any person, or has killed another dog.
(5) "Vicious dog" does not include either of the following:
A. A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or 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;
B. 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;
C. "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.
D. “Serious injury” means personal injury which results in death, dismemberment, significant disfigurement, a fracture, or loss, or permanent consequential limitation of use of body, organ or member.
(b) Any person owning, keeping, possessing, maintaining, or having the care, custody, or control of a dangerous or vicious dog shall:
(1) Register the dog with the Police Department annually, starting January 2nd but no later than January 31st, and whenever a dangerous or vicious dog is newly domiciled in the City or becomes designated as a dangerous or vicious dog.
(2) Provide, at the time of registration:
A. Proof of bond as required by subsection (c) or (d) of this section;
B. A unique identifying code number tattooed on the dog or stored in a microchip implanted in the dog; and
C. Two color photographs of the whole dog.
(3) Post on the premises in a conspicuous place a sign, visible and capable of being read at all times from the public highway or street which shall read "Dangerous/Vicious Dog on Premises". The City will provide the sign upon registration.
(c) No owner of a dangerous dog shall fail to obtain a bond with a licensed bonding company authorized to issue bonds in this State providing liability coverage of not less than one hundred thousand dollars ($100,000.00).
(d) No owner of a vicious dog shall fail to obtain an additional bond with a licensed bonding company authorized to issue bonds in this State providing liability coverage of not less than two hundred thousand dollars ($200,000.00).
(e) No owner, keeper, or harborer of a dangerous or vicious dog shall fail to do either of the following:
(1) While the dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a locked pen that has a top, locked fenced 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 the dog is off the premises of the owner, keeper, or harborer, keep that dog on a chain-link leash or tether not more than six feet in length and appropriate for the dog's size, weight and strength, and the leash controlled by a person of suitable age and discretion or securely affixed to the ground or a stationary object so that the dog is adequately restrained, and station a person close enough to the dog to prevent it from causing injury to any other person, except that a vicious dog must also be securely muzzled and fitted with a proper collar that will prevent the dog from slipping out of it or breaking through it.
(f) No owner, keeper or harborer of a dangerous or vicious dog shall:
(1) Keep a dog on its premises if the dog has been declared vicious or dangerous in another jurisdiction without notifying the City of Independence’s Animal Control Department of this previous determination.
(2) If a dog is determined to be vicious or dangerous by another jurisdiction as a result of the dog’s behavior in said jurisdiction, the owner, keeper, or harborer must comply with subsections (a) - (k) of this section.
(g) Whoever violates subsection (b) of this section is guilty of a minor misdemeanor, except that if the violation involves a vicious dog, the offender is guilty of a misdemeanor of the fourth degree.
(h) Whoever violates subsection (c) of this section is guilty of a misdemeanor of the third degree.
(i) Whoever violates subsection (d) of this section is guilty of a misdemeanor of the second degree.
(j) As used in this section, "offense" includes:
(1) If a violation of subsection (e) involves a dangerous dog, but does not involve death or injury to a person, the offender is guilty of a minor misdemeanor on a first offense, and of a misdemeanor of the fourth degree on each subsequent offense.
(2) The offender shall be guilty of a misdemeanor of the fourth degree on a first offense in which the dangerous dog causes injury other than killing or serious injury to any person, and of a misdemeanor of the third degree on each subsequent offense. Additionally, upon any repeat offense, the court may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society.
(3) The offender shall be guilty of a misdemeanor of the third degree for a first offense in which the dangerous dog kills or seriously injures a person, and of a misdemeanor of the second degree on each subsequent offense. Additionally, the court shall order the dangerous dog to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society.
(4) If a violation of subsection (f) involves a dangerous dog, but does not involve death or injury to a person, the offender is guilty of a minor misdemeanor on a first offense, and of a misdemeanor of the fourth degree on each subsequent offense.
(k) As used in this section, "offense" includes:
(1) If a violation of subsection (e) involves a vicious dog, but does not involve death or injury to a person, the offender is guilty of a misdemeanor of the fourth degree for a first offense, and of a misdemeanor of the third degree on each subsequent offense.
(2) If a violation of subsection (e) involves a vicious dog, in which the dog causes injury other than killing or serious injury to any person, the offender is guilty of a misdemeanor of the second degree, and of a misdemeanor of the first degree on each subsequent offense. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society.
(3) If a violation of subsection (e) involves a vicious dog resulting in death or serious injury to a person, the offender shall be subject to the penalties set forth in R.C. §955.99, or similar statute in effect at the time of the violation.
(4) If a violation of subsection (f) involves a vicious dog, but does not involve death or injury to a person, the offender is guilty of a minor misdemeanor on a first offense, and of a misdemeanor of the fourth degree on each subsequent offense.
(Ord. 2016-69. Passed 8-11-16.)