(A) No person shall knowingly cause, or attempt to cause, physical harm to a police dog or horse in either of the following circumstances:
(1) The police dog or horse is assisting a law enforcement officer in the performance of the officer's official duties at the time the physical harm is caused or attempted.
(2) The police dog or horse is not assisting a law enforcement officer in the performance of the officer's official duties at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog or horse is a police dog or horse.
(B) No person shall recklessly do any of the following:
(1) Taunt, torment, or strike a police dog or horse;
(2) Throw an object or substance at a police dog or horse;
(3) Interfere with or obstruct a police dog or horse, or interfere with or obstruct a law enforcement officer who is being assisted by a police dog or horse, in a manner that does any of the following:
(a) Inhibits or restricts the law enforcement officer's control of the police dog or horse;
(b) Deprives the law enforcement officer of control of the police dog or horse;
(c) Releases the police dog or horse from its area of control;
(d) Enters the area of control of the police dog or horse without the consent of the law enforcement officer, including placing food or any other object or substance into that area;
(e) Inhibits or restricts the ability of the police dog or horse to assist a law enforcement officer;
(4) Engage in any conduct that is likely to cause serious physical injury or death to a police dog or horse;
(5) If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a police dog or horse that at the time of the conduct is assisting a law enforcement officer in the performance of the officer's duties or that the person knows is a police dog or horse.
(C) No person shall knowingly cause, or attempt to cause, physical harm to a service dog in either of the following circumstances:
(1) The service dog is assisting or serving a blind, deaf, or mobility impaired person or person with a seizure disorder at the time the physical harm is caused or attempted.
(2) The service dog is not assisting or serving a blind, deaf, or mobility impaired person or person with a seizure disorder at the time the physical harm is caused or attempted, but the offender has actual knowledge that the dog is a service dog.
(D) No person shall recklessly do any of the following:
(1) Taunt, torment, or strike a service dog;
(2) Throw an object or substance at a service dog;
(3) Interfere with or obstruct a service dog, or interfere with or obstruct a blind, deaf, or mobility impaired person or person with a seizure disorder who is being assisted or served by a service dog, in a manner that does any of the following:
(a) Inhibits or restricts the assisted or served person's control of the service dog;
(b) Deprives the assisted or served person of control of the service dog;
(c) Releases the service dog from its area of control;
(d) Enters the area of control of the service dog without the consent of the assisted or served person, including placing food or any other object or substance into that area;
(e) Inhibits or restricts the ability of the service dog to assist the assisted or served person;
(4) Engage in any conduct that is likely to cause serious physical injury or death to a service dog;
(5) If the person is the owner, keeper, or harborer of a dog, fail to reasonably restrain the dog from taunting, tormenting, chasing, approaching in a menacing fashion or apparent attitude of attack, or attempting to bite or otherwise endanger a service dog that at the time of the conduct is assisting or serving a blind, deaf, or mobility impaired person or person with a seizure disorder or that the person knows is a service dog.
(E) (1) Whoever violates division (A) of this section is guilty of assaulting a police dog or horse. Except as otherwise provided in this division, assaulting a police dog or horse is a misdemeanor of the second degree. If the violation results in the death of the police dog or horse, assaulting a police dog or horse is a felony of the third degree to be prosecuted under R.C. § 2921.321. If the violation results in serious physical harm to the police dog or horse other than its death, assaulting a police dog or horse is a felony of the fourth degree to be prosecuted under R.C. § 2921.321. If the violation results in physical harm to the police dog or horse other than death or serious physical harm, assaulting a police dog or horse is a misdemeanor of the first degree.
(2) Whoever violates division (B) of this section is guilty of harassing a police dog or horse. Except as otherwise provided this division, harassing a police dog or horse is a misdemeanor of the second degree. If the violation results in the death of the police dog or horse, harassing a police dog or horse is a felony of the third degree to be prosecuted under R.C. § 2921.321. If the violation results in serious physical harm to the police dog or horse but does not result in its death, harassing a police dog or horse is a felony of the fourth degree to be prosecuted under R.C. § 2921.321. If the violation results in physical harm to the police dog or horse but does not result in its death or in serious physical harm to it, harassing a police dog or horse is a misdemeanor of the first degree.
(3) Whoever violates division (C) of this section is guilty of assaulting a service dog. Except as otherwise provided in this division, assaulting a service dog is a misdemeanor of the second degree. If the violation results in the death of the service dog, assaulting a service dog is a felony of the third degree to be prosecuted under R.C. § 2921.321. If the violation results in serious physical harm to the service dog other than its death, assaulting a service dog is a felony of the fourth degree to be prosecuted under R.C. §
(4) Whoever violates division (D) of this section is guilty of harassing a service dog. Except as otherwise provided in this division, harassing a service dog is a misdemeanor of the second degree. If the violation results in the death of the service dog, harassing a service dog is a felony of the third degree to be prosecuted under R.C. § 2921.321. If the violation results in serious physical harm to the service dog but does not result in its death, harassing a service dog is a felony of the fourth degree to be prosecuted under R.C. § 2921.321. If the violation results in physical harm to the service dog but does not result in the death or in serious physical harm to it, harassing a service dog is a misdemeanor of the first degree.
(5) In addition to any other sanction or penalty imposed for the offense under this section, R.C. Chapter 2929 or any other provision of the Revised Code, whoever violates division (A), (B), (C), or (D) of this section is responsible for the payment of all of the following:
(a) Any veterinary bill or bill for medication incurred as a result of the violation by the Police Department regarding a violation of division (A) or (B) of this section or by the blind, deaf, or mobility impaired person or person with a seizure disorder assisted or served by the service dog regarding a violation of division (C) or (D) of this section;
(b) The cost of any damaged equipment that results from the violation;
(c) If the violation did not result in the death of the police dog or horse or the service dog that was the subject of the violation and if, as a result of that dog or horse being the subject of the violation, the dog or horse needs further training or retraining to be able to continue in the capacity of a police dog or horse or a service dog, the cost of any further training or retraining of that dog or horse by a law enforcement officer or by the blind, deaf, or mobility impaired person or person with a seizure disorder assisted or served by the service dog;
(d) If the violation resulted in the death of the police dog or horse or the service dog that was the subject of the violation or resulted in serious physical harm to that dog or horse to the extent that the dog or horse needs to be replaced on either a temporary or a permanent basis, the cost of replacing that dog or horse and of any further training of a new police dog or horse or a new service dog by a law enforcement officer or by the blind, deaf, or mobility impaired person or person with a seizure disorder assisted or served by the service dog, which replacement or training is required because of the death of or the serious physical harm to the dog or horse that was the subject of the violation.
(F) This section does not apply to a licensed veterinarian whose conduct is in accordance with R.C. Chapter 4741.
(G) This section only applies to an offender who knows or should know at the time of the violation that the police dog or horse or service dog that is the subject of a violation under this section is a police dog or horse or service dog.
(H) As used in this section:
BLIND and MOBILITY IMPAIRED PERSON. Have the same meaning as in R.C. § 955.011.
PHYSICAL HARM. Any injury, illness, or other psychological impairment, regardless of its gravity or duration.
POLICE DOG OR HORSE. A dog or horse that has been trained and may be used to assist law enforcement officers in the performance of their official duties.
SERIOUS PHYSICAL HARM. Any of the following:
(a) Any physical harm that carries a substantial risk of death.
(b) Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming.
(c) Any physical harm that causes acute pain of a duration that results in substantial suffering.
SERVICE DOG. A dog that serves as a guide or leader for a blind person, serves as a listener for a deaf person, provides support or assistance for a mobility impaired person, or serves as a seizure assistance, seizure response, or seizure alert dog for a person with any seizure disorder.
(Ord. 9110, passed 2-22-05)