§ 618.01  DEFINITIONS.
   (a)   For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      (1)   "Boarding kennel" has the same meaning as in R.C. § 956.01.
      (2)   "Captive white-tailed deer" has the same meaning as in R.C. § 1531.01.
      (3)   "Classified dog" in this chapter shall mean a dog that has been previously classified as a potential nuisance dog, dangerous dog, or vicious dog pursuant to this Code, or similar designation in another jurisdiction, under the provisions of R.C. §§ 955.11 et seq. or comparable local ordinance.
      (4)   "Companion animal" shall mean any animal that is kept inside a residential dwelling and any dog or cat regardless of where it is kept. "Companion animal" does not include livestock or any wild animal.
      (5)   "Cruelty" has the same meaning as in R.C. § 1717.01.
      (6)   "Dangerous dog" shall mean the following:
         A.   A dog that, without provocation, and subject to R.C. § 955.11(B), has done any of the following:
            1.   Caused injury, other than killing or serious injury, to any person;
            2.   Killed another dog;
            3.   Been the subject of a third or subsequent violation of R.C. § 955.22(C) or any substantially equivalent municipal ordinance.
         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.
      (7)   "Dog kennel" shall mean an animal rescue for dogs that is registered under R.C. § 956.06, a boarding kennel, or a training kennel.
      (8)   "Federal Animal Welfare Act." The "Laboratory Animal Act of 1966", Pub. L. No. 89-544, 80 Stat. 350 (1966), 7 U.S.C. 2131 et seq., as amended by the "Animal Welfare Act of 1970", Pub. L. No. 91-579, 84 Stat. 1560 (1970), the "Animal Welfare Act Amendments of 1976", Pub. L. No. 94-279, 90 Stat. 417 (1976), and the "Food Security Act of 1985", Pub. L. No. 99-198, 99 Stat. 1354 (1985), and as it may be subsequently amended.
      (9)   "Final determination" shall mean a determination that is not subject to appeal.
      (10)   "Livestock" shall mean horses, mules, and other equidae; cattle, sheep, goats, and other bovidae; swine and other suidae; poultry; alpacas; llamas; captive white-tailed deer; and any other animal that is raised or maintained domestically for food or fiber.
      (11)   "Menacing fashion" shall mean a dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
      (12)   "Nuisance dog" shall mean the following:
         A.   Subject to R.C. § 955.11(B), "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.
      (13)   "Police chief" shall mean the police chief or his/her designee or any person authorized to enforce R.C. Chapter 955.
      (14)   "Police dog" shall mean 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.
      (15)   "Practice of veterinary medicine" shall have the same meaning as in R.C. § 4741.01.
      (16)   "Residential dwelling" shall mean a structure or shelter or the portion of a structure or shelter that is used by one or more humans for the purpose of a habitation.
      (17)   "Serious injury" shall mean 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.
      (18)   "Torment" has the same meaning as in R.C. § 1717.01.
      (19)   "Torture" has the same meaning as in R.C. § 1717.01.
      (20)   "Unprovoked bite" or "without provocation bite" in this chapter shall mean that the dog was not:
         A.   Being abused, teased, tormented, or physically threatened or injured by a person;
         B.   Being abused or physically threatened or injured by an animal;
         C.   Being aggressively teased or tormented by an animal;
         D.   Directing its behavior at a trespasser on the property of its owner, keeper, or harborer;
         E.   Reasonably coming to the defense of a human or domestic animal within the immediate vicinity of the dog and under perceived threat; or
         F.   Directing its behavior at some domestic animal that was running at large and unattended by some person.
      (21)   "Vicious dog" in this chapter shall mean the following:
         A.   A dog that, without provocation and subject to R.C. § 955.11(B), 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.
      (22)   "Wild animal" in this chapter has the same meaning as in R.C. § 1531.01.
(Ord. 16-O-60, passed 5-3-2017)