(a) As used in this section, "dangerous dog" means:
(1) A. A dog that, without provocation, and subject to subsection (a)(1)B. hereof has done any of the following:
1. Caused injury, other than killing or serious injury, to any person;
2. Killed or seriously injured 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) "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.
(3) "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 of prolonged or intractable pain.
(4) A. "Vicious dog" means a dog that, without provocation and subject to subsection (a)(4)B. hereof, 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.
(5) "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) Upon the transfer of ownership of any dog, the seller of the dog shall give the buyer a transfer of ownership certificate that shall be signed by the seller. The certificate shall contain the registration number of the dog, the name of the seller, and a brief description of the dog. Blank forms of the certificate may be obtained from the county auditor. A transfer of ownership shall be recorded by the auditor upon presentation of a transfer of ownership certificate that is signed by the former owner of a dog and that is accompanied by a fee of five dollars.
(c) Prior to the transfer of ownership or possession of any dog, upon the buyer's or other transferee's request, the seller or other transferor of the dog shall give to the person a written notice relative to the behavior and propensities of the dog.
(d) Within ten days after the transfer of ownership or possession of any dog, if the seller or other transferor of the dog has knowledge that the dog is a dangerous dog, the seller or other transferor shall give to the buyer or other transferee, the board of health for the district in which the buyer or other transferee resides, and the dog warden of the county in which the buyer or other transferee resides, a completed copy of a written form on which the seller shall furnish the following information:
(1) The name and address of the buyer or other transferee of the dog;
(2) The age, sex, color, breed, and current registration number of the dog.
In addition, the seller shall answer the following questions, which shall be specifically stated on the form as follows:
"Has the dog ever chased or attempted to attach or bite a person? If yes, describe the incident(s) in which the behavior occurred."
"Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred."
"Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred."
The dog warden of the county in which the seller resides shall furnish the form to the seller at no cost.
(e) No seller or other transferor of a dog shall fail to comply with the applicable requirements of subsections (b) to (d) hereof.
(f) No person owning or harboring or having the care or custody of a dangerous dog shall suffer or permit such dog to go unconfined on the premises of such person. A dangerous dog is "unconfined" as the term is used in this section, if such dog is not securely confined or confined in a securely enclosed and locked pen or a dog run area upon the premises of such person. Such pen or dog run area shall also have sides of at least six feet in height and a secure top. The structure shall also have a foundation of either concrete or asphalt.
(g) No person owning or harboring or having the care of a dangerous dog shall suffer or permit such dog to go beyond the premises of such person unless the dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length.
(h) No person shall own or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging such dog to unprovoked attacks upon human beings or domestic animals.
(i) No person shall possess with intent to sell or offer for sale, breed or buy or attempt to buy within the City any dangerous dog.
(j) Any person owning or harboring or having the care of any dangerous dog shall maintain a policy of insurance in an amount not less than one hundred thousand dollars ($100,000) insuring such person against any claim, loss, damage or injury to persons, domestic animals or property resulting from the acts of a dangerous dog. Such person shall produce evidence of the insurance upon the request of a law enforcement agent.
(k) In the event that a law enforcement agent has probable cause to believe that a dangerous dog is being harbored or cared for in violation of subsections (F), (G), (H) or (I) hereof, the law enforcement agent may petition a court of competent jurisdiction to order the seizure and impoundment of the dangerous dog pending trial. In the event that a law enforcement agent has probable cause to believe that a dangerous dog is being harbored or housed in violation of subsections (c) or (d) the law enforcement agent may seize and impound the dangerous dog pending trial.
(1) Penalty.
A. Whoever violates this section shall be guilty of a misdemeanor of the first degree. Whoever is found guilty of a second offense of violating this section shall be guilty of a misdemeanor of the first degree and shall be fined one thousand dollars ($1,000) which fine shall be mandatory and shall not be suspended or remitted, and may be imprisoned for a term not to exceed six months.
B. Any dangerous dog which attacks a human being or another domestic animal may be ordered destroyed when in the court's judgment such dangerous dog represents a continuing threat of serious harm to human beings or other domestic animals.
C. Any person found guilty of violating this section shall pay all expenses, including shelter, food 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 such dog.
(Ord. 2014-94. Passed 8-20-14.)