(a) No owner, keeper, or harborer of a nuisance 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:
A. Securely confine the dog indoors;
B. Securely confine the dog in a locked pen which has a secured top and keep the dog under direct supervision by a person who is of sufficient size and strength to control the dog;
C. Securely confine the dog in a locked fenced yard, which fence is at least six feet tall, and keep the dog under direct supervision by a person who is of sufficient size and strength to control the dog; or
D. Keep the dog restrained by a non-retractable tether or a leash no longer than six feet in length and have the leash or tether controlled by a person who is 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.
(2) While the dog is off the premises of the owner, keeper, or harborer, including within common areas of multiple-unit properties, so as to prevent it from causing injury to any person or domestic animal:
A. Keep the dog restrained by a non-retractable tether or a leash no longer than six feet in length and have the leash or tether controlled by a person who is 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; and
B. Identify the dog with a leash, collar, harness, vest, or other garment that is colored neon yellow, without patterns or other adornments except designs intended to increase visibility of the dog at night. The identifying garment shall be visible and identifiable to an ordinary person from at least 15 feet away so as to provide reasonable warning to that person about the dog's classification.
(3) Post and display on the premises where the nuisance dog is kept a conspicuous and legible sign visible from all areas of customary or actual public access warning the public that there is a nuisance dog on the premises. Such sign shall be at least eight inches by ten inches in rectangular dimensions and shall contain only the words "NUISANCE DOG" in lettering not less than two inches in height. Such sign shall also include a visual symbol for any children or people who cannot read words. All signs in residential areas must be set back from the front property line a minimum of five feet. All signs are to be purchased from the City.
(4) Within ten calendar days of the notice of classification, provide the Division of Police with an identifying color photograph of the dog and microchip information if the dog is microchipped.
(5) Notify the Division of Police immediately if the dog is loose or unconfined or has aggressively bitten a human or a domestic animal.
(6) Notify the Division of Police in writing within five calendar days if the dog is transferred to another owner or keeper or dies. If the dog is transferred to another owner, the written notice shall include the name, address, and phone number of the transferee.
(7) 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 designed as a nuisance dog prior to such contact.
(8) Neuter or spay the dog within 14 calendar days of the final determination of the dog as a nuisance dog, unless a licensed veterinarian determines that neu-tering or spaying of the dog is medically contraindicated, and provide proof of alteration or exemption to the Division of Police upon demand.
(b) No owner, keeper, or harborer 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:
A. In a locked pen that has a secured top, 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. In a locked, fenced yard, which fence is located in the rear yard with self-closing and self-latching gates on any openings of the fenced yard, at least six feet tall, and restrained by a leash or tether no longer than ten 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; or
C. In any other locked enclosure that has a secured top, including a house. 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.
(2) While that dog is off the premises of the owner, keeper, or harborer, including within common areas of multiple-unit properties, so as to prevent it from causing injury to any person or domestic animal:
A. Muzzle the dog with a muzzle made 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 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 in a locked fenced yard, which fence is located in the rear yard with self-closing and self-latching gates on any openings of the fenced yard, at least six feet tall, and restrained by a leash or tether no longer than ten feet in length and have the 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 or a stationary object or fixture so that the dog is adequately restrained and station such person in close proximity;
C. Keep the dog in a locked pen that has a secure top, 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
D. Keep the dog in another locked enclosure that has a secure top, including a house. If the dog is confined in another 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.
(c) No owner, keeper, or harborer of a dangerous or vicious dog shall fail to identify the dog at all times with a leash, collar, harness, vest, or other garment that is colored neon yellow, without patterns or other adornments except designs intended to increase visibility of the dog at night. While the dog is off the premises of the owner, keeper, or harborer, including within common areas of multiple-unit properties, the identifying garment shall be visible and identifiable to an ordinary person from at least 15 feet away so as to provide reasonable warning to that person about the dog's classification and to prevent the dog from causing injury to any person or domestic animal.
(d) 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 the 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 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 fiscal officer pursuant to section 955.22(I) of the Revised Code 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 microchipped, rabies vaccinated, and neutered or spayed, unless a licensed veterinarian determines that neutering or spaying of the dog is medically contraindicated.
(3) Notify the Division of Police 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 county fiscal officer.
(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 warning the public that there is a dangerous or nuisance dog on the premises. Such sign shall be at least eight inches by ten inches in rectangular dimensions and shall contain only the words "DANGEROUS DOG" or "VICIOUS DOG" in lettering not less than two inches in height. Such sign shall also include a visual symbol for any children or people who cannot read words. All signs in residential areas must be setback from the front property line a minimum of five feet. All signs are to be purchased from the City.
(5) Within ten calendar days of the notice of classification, provide the Division of Police 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 designed 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 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 chief for the purpose of determining compliance with the requirements of this section.
(e) 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 waiver form provided by the veterinarian under section 955.22(F) of the Revised Code that the person's dog is not a dangerous or vi-cious dog or otherwise provide false information on that written waiver form. It is an affirmative defense to a charge of a violation of this subsection that the veterinarian who is charged with the violation obtained, prior to debarking or surgically silencing the dog, a written waiver form that complies with section 955.22(F) of the Revised Code and that attests that the dog is not a dangerous or vicious dog.
(f) Penalties.
(1) 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.
Notwithstanding the foregoing penalties, if the dog aggressively 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 chief.
(2) 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.
Notwithstanding the foregoing penalties, if the dog aggressively 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 chief. The court may further impose reasonable terms, conditions and restrictions deemed necessary to protect the public health, safety and welfare.
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 imposing additional keeping requirements on the dog while it is kept or harbored within the City, requiring the owner, keeper, or harborer of the dog to temporarily or permanently remove the dog from being kept or harbored in the City, or requiring humane euthanasia of the dog by a licensed veterinarian.
(3) Whoever violates this section when the violation involves a vicious dog is guilty of a misdemeanor of the second degree on the first offense, a misde-meanor of the first degree on the second offense or any subsequent offense.
Notwithstanding the foregoing penalties, if the dog aggressively 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 chief. The court may further impose reasonable terms, conditions and restrictions deemed necessary to protect the public health, safety and welfare.
Notwithstanding the foregoing penalties, if the dog kills 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.
Notwithstanding the foregoing penalties, it is a felony to be prosecuted under appropriate state law if the dog kills a person as a result of a violation of section 955.22(C) of the Revised Code. The penalties in this section shall not apply whenever the conduct proscribed in this section constitutes a felony under section 955.99 of the Revised Code.
(Ord. 1-18. Passed 4-2-2018.)