(a) No owner or keeper of a dangerous or vicious dog shall fail to do the following:
(1) While the dog is on the premises of the owner, keeper, or harborer, so as to prevent it from causing injury to any person or domestic animal, securely confine it at all times by complying with one of the following:
A. Keep the dog securely confined within the house on the premises of the owner, keeper or harborer;
B. Keep the dog in a locked pen which has a secured top, under direct supervision of a person who is at least 18 years of age and of sufficient size and strength to control the dog;
C. In a locked fenced yard, which fence is located in the rear yard with self-closing/self-latching gates on any openings of the fenced yard, at least six feet tall, and fitted with a properly sized muzzle of sufficient material and strength, in a manner that will not cause injury to the dog or interfere with its vision or respiration, or restrained by a leash or tether controlled by a person who is at least 18 years of age and of sufficient size and strength to control the dog or securely attach, tie, or affix the leash or tether to the ground, a run, or other stationary object or fixture so that the dog is adequately restrained and that the dog cannot reach any part of the fence while so restrained;
D. If the dog is confined in any other locked enclosure that has a top outdoors, keep the dog under the direct supervision of a person who is at least 18 years of age and of sufficient size and strength to control the dog; or
E. Keep the dog confined in a locked enclosure that has a top outdoors and all sides of the enclosure extend 18 inches below grade.
(2) While the dog is off the premises of the owner, keeper, or harborer, so as to prevent it from causing injury to any person or domestic animal:
A. Muzzle the dog in a manner that will not cause injury to the dog or interfere with its vision or respiration, but allows the dog to eat and drink and prevents it from biting any person or animal, and also keep the dog restrained by a chain-link leash or tether no longer than six feet in length controlled by a person who is at least 18 years of age and of sufficient size and strength to control the dog or securely attach, tie, or affix the leash or tether to the ground or a stationary object or fixture so that the dog is adequately restrained and station such person in close proximity;
B. Keep the dog securely confined within a house;
C. Keep the dog in a locked fenced yard, which fence is located in the rear yard with self-closing/self-latching gates on any openings of the fenced yard, at least six feet tall, and restrained by a leash or tether controlled by a person who is at least 18 years of age and of sufficient size and strength to control the dog or securely attach, tie, or affix the leash or tether to the ground, a run, or other stationary object or fixture so that the dog is adequately restrained and that the dog cannot reach any part of the fence while so restrained and station such person in close proximity; or
D. If the dog is confined in any other locked enclosure that has a top outdoors, keep the dog under the direct supervision of a person who is at least 18 years of age and of sufficient size and strength to control the dog.
(b) No owner, keeper, or harborer of a dangerous or vicious dog shall fail to do the following:
(1) Maintain a policy of 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) for a dangerous or vicious dog because of damage or bodily injury to or death of a person or animal caused by such dog. Such insurance must be obtained within 14 calendar days of the final determination of the dog as a dangerous or vicious dog. The owner or keeper of any dangerous or vicious dog shall provide a copy of the policy for liability insurance to the Police Chief on a yearly basis 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 division (I) of R.C. § 955.22 within 14 calendar days of the final determination of the dog as a dangerous or vicious dog, affix a tag that identifies the dog as a dangerous or vicious dog to the dog's collar, ensure that the dog wears the collar and tag at all times, and present the dangerous dog registration certificate upon being requested to do so by any law enforcement officer, dog warden, animal warden or control officer, or public health official including evidence that the dog has been micro chipped, rabies vaccinated, and neutered or spayed, unless a license veterinarian determines that neutering or spaying of the dog is medically contraindicated.
(3) Notify the local dog warden and Police Department 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;
D. The dog is sold, given to another person, or dies, within ten calendar days of the sale, transfer, or death, and also notify the country auditor.
(4) Post and display on the premises where the dangerous or vicious dog is kept a conspicuous and legible sign visible from all areas of customary or actual public access, including adjacent properties, warning the public that there is a dangerous or vicious dog on the premises. Such sign shall be at least 12 inches by 18 inches in rectangular dimensions and shall contain only the words "DANGEROUS DOG," or "VICIOUS DOG" in lettering not less than three inches in height. All signs in residential areas must be setback from the front property line a minimum of five feet. All signs are to be purchased by the dog owner and are to be approved by the Chief of Police or his designee.
(5) Within ten calendar days of the notice of classification, provide the Police Department with an identifying color photograph of the dog.
(6) Notify veterinarians, veterinary staff, groomers, and other members of the public who come into direct contact with the designated dog that the dog has been designated as a dangerous or vicious dog prior to such contact.
(7) Successfully complete a dog obedience or behavior modification course that includes a minimum of six hours of in-person professional training or behavior modification within 90 calendar days of the final determination of the dog as a dangerous or vicious dog and provide proof of completion to the Police Chief.
(8) Consent to an inspection of the property where the dog is kept, other than within any private structure unless otherwise authorized by law, by the Police Chief for the purpose of determining compliance with the requirements of this section.
(c) No person shall do any of the following:
(1) Debark or surgically silence a dog that the person knows or has reason to believe is a dangerous or vicious dog;
(2) Possess a dangerous or vicious dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
(3) Falsely attest on a wavier form provided by the veterinarian under division (F) of R.C. § 955.22 that the person's dog is not a dangerous or vicious dog or otherwise provide false information on that written waiver form. It is an affirmative defense to a charge of a violation of this division that the veterinarian who is charged with the violation obtain, prior to debarking or surgically silencing the dog, a written waiver form that complies with division (F) of R.C. § 955.22 and that attests that the dog is not a dangerous or vicious dog.
(d) Penalties.
(1) A. Whoever violates this section, when the violation involves a nuisance dog is guilty of a misdemeanor of the fourth degree on the first offense, a misdemeanor of the third degree on the second offense, and a misdemeanor of the first degree on the third or any subsequent offense.
B. Notwithstanding the foregoing penalties, if the dog without provocation bites a domestic animal or human without provocation as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. Additionally, the court shall order the offender to complete dog obedience training within a specified period of time and provide written proof thereof to the Police Chief.
(2) A. Whoever violates this section when the violation involves a dangerous dog is guilty of a misdemeanor of the third degree on the first offense, a misdemeanor of the second degree on the second offense, and a misdemeanor of the first degree on the third or any subsequent offense.
B. Notwithstanding the foregoing penalties, if the dog without provocation bites a domestic animal or human without provocation, causing serious injury, then whoever violates this section is guilty of a misdemeanor of the first degree. The court may further impose reasonable terms, conditions and restrictions deemed necessary to protect the public health, safety and welfare, including humane euthanasia of the dog by a licensed veterinarian.
C. Notwithstanding the foregoing penalties, if the dog without provocation bites a domestic animal or human without provocation as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. Additionally, the court shall order the offender to complete dog obedience training within a specified period of time and provide written proof thereof to the Police Chief. The court may further impose reasonable terms, conditions and restrictions deemed necessary to protect the public health, safety and welfare.
D. Notwithstanding the foregoing penalties, if the dog kills a domestic animal or causes serious injury to a human as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. The court may impose reasonable terms, conditions and restrictions deemed necessary to protect the public health, safety and welfare, including humane euthanasia of the dog by a licensed veterinarian.
E. Notwithstanding the foregoing penalties, it is a felony of the fourth degree if the dog kills a person as a result of a violation of R.C. § 955.22. The penalties in this section shall not apply whenever the conduct proscribed in this section constitutes a felony under R.C. § 955.99.
(Ord. 16-O-60, passed 5-3-2017)