(a) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1) "Dangerous dog." A dog that, without provocation, and subject to the following sentence, has chased or approached any person in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person, or has caused injury other than serious physical harm to any person, while that dog is off the premises of its owner, keeper or harborer or some other responsible person.
"Dangerous dog" does not include a police dog that has chased or approached any person in either a menacing fashion or an apparent attitude of attack, or has attempted to bite or otherwise endanger any person while the police dog is being used to assist law enforcement officers in the performance of their official duties.
(2) "Menacing fashion."A dog that would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person acts in a menacing fashion.
(3) "Police dog."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.
(4) “Vicious dog”.
A. A dog that, without provocation and subject to division B. of this definition, meets any of the following criteria:
1. Has killed or caused serious physical harm to any person; or
2. Has caused injury, other than killing or serious physical harm, to any person, or has killed or caused serious physical harm to another domestic animal; or
3. Has been possessed, owned, trained or used for purposes of dogfighting, or
4. Has been determined by a court of competent jurisdiction to be a vicious dog in an independent or related civil or criminal proceeding.
B. "Vicious dog" does not include either of the following:
1. A police dog that has killed or caused serious physical harm to any person or that has caused serious physical harm, other than killing or serious injury, to any person while the police dog is being used to assist law enforcement officers in the performance of their official duties; or
2. A dog that has killed or caused serious physical harm to any person while that 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." A dog acts "without provocation" when it was not teased, tormented, or abused by a person, or it 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.
(6) “Serious physical harm” means physical harm that involves any of the following:
A. A substantial risk of death;
B. Permanent incapacity, whether partial or total, or temporary, substantial incapacity;
C. Permanent disfigurement or temporary, serious disfigurement;
D. Acute pain of a duration that results in substantial suffering;
E. Any degree of prolonged or intractable pain.
(b) A person who is the owner or has charge of any animal shall not permit it to run at large in the public road, highway, street, lane, or alley, or upon unenclosed land, or permit them to go upon any private yard, lot, or enclosure without the consent of the owner of the yard, lot, or enclosure.
(c) No person shall cause animals to be herded, kept, or detained for the purpose of grazing on premises other than those owned or occupied by the owner or keeper thereof without the consent of the owner of the premises.
(d) The running at large of such animal in or upon any of the places mentioned in divisions (b) and (c) above is prima facie evidence that it is running at large in violation of this section.
(e) No owner, keeper, or harborer of any female dog shall permit it to go beyond the premises of the owner, keeper, or harborer at any time the dog is in heat unless the dog is properly in leash.
(f) Except when a dog is lawfully engaged in hunting and accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of any dog shall fail at any time to do any of the following:
(1) Keep the dog physically confined or restrained upon the premises of the owner, keeper, or harborer by a leash, tether, adequate fence, supervision, or secure enclosure to prevent escape;
(2) Keep the dog under the control of some person; and
(3) Keep the dog physically restrained while on any public property, by leash with appropriate collar or harness. For purposes of this section, an appropriate collar or harness is a collar or harness of the size and strength necessary for that particular dog.
(g) Except when a dangerous or vicious dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of a dangerous or vicious dog shall fail to do either of the following:
(1) While the dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a locked pen that has a top, a yard that is enclosed by a locked chain link fence not less than six (6) feet in height, or other locked enclosure that has a top, except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained. The fencing height requirement contained in this section is an exception to the height limitations contained in Chapter 1329 of the Building Code, and no variance shall be required to erect such chain link fencing.
(2) While the dog is off the premises of the owner, keeper, or harborer, keep that dog on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:keep the dog in a locked pen that has a top, a yard that is enclosed by a locked chain link fence not less than six (6) feet in height, or other locked enclosure that has a top; have the leash or tether controlled by a person who is of suitable age and discretion 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 a person in close enough proximity to that dog so as to prevent it from causing injury to any person; or muzzle that dog. The fencing height requirement contained in this section is an exception to the height limitations contained in Chapter 1329 of the Building Code, and no variance shall be required to erect such chain link fencing.
(h) The owner of a dangerous or vicious dog must display, in a conspicious manner, one or more signs on the owner’s premises warning that a dangerous or vicious dog is on the premises. The sign shall state in capital letters:
“WARNING - DANGEROUS ANIMAL – KEEP AWAY”
The sign or signs must be visible and legible from the public right of way, as well as from 50 feet away from the special enclosure required pursuant to paragraph (g) of this section.
(i) No owner, keeper, or harborer of a vicious dog shall fail to obtain 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) because of damage or bodily injury to or death of a person caused by the vicious dog. Failure to produce proof of the required liability insurance at the request of a person who is authorized to enforce this chapter shall be prima-facie evidence of the lack of insurance.
(j) 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 vicious dog;
(2) Possess a 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 division (j) of this section that the person's dog is not a vicious dog or otherwise provide false information on that written waiver form.
(k) Before a veterinarian debarks or surgically silences a dog, the veterinarian may give the owner of the dog a written waiver form that attests that the dog is not a vicious dog.The written waiver form shall include all of the following:
(1) The veterinarian's license number and current business address;
(2) The number of the license of the dog if the dog is licensed;
(3) A reasonable description of the age, coloring, and gender of the dog as well as any notable markings on the dog;
(4) The signature of the owner of the dog attesting that the owner's dog is not a vicious dog;
(5) A statement that division (F) of Ohio R.C. 955.22 prohibits any person from doing any of the following:
A. Debarking or surgically silencing a dog that the person knows or has reason to believe is a vicious dog;
B. Possessing a vicious dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
C. Falsely attesting on a waiver form provided by the veterinarian under division (G) of Ohio R.C. 955.22 that the person's dog is not a vicious dog or otherwise provide false information on that written waiver form.
(l) It is an affirmative defense to a charge of a violation of division (i) of this section 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 division (j) of this section and that attests that the dog is not a vicious dog.
(m) No person shall own, keep, or harbor more than one vicious dog or allow the presence of more than one vicious dog on the premises where the person resides.
(n) (1) Whoever violates divisions (b), (c), (e), (f) or (l) of this section is guilty of a misdemeanor of the fourth degree.
(2) In addition to the penalties prescribed in division (n)(1) above, if the offender is guilty of a violation of division (e) or (f) of this section, the court may order the offender to personally supervise the dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both.
(o) (1) If a violation of division (g) of this section involves a dangerous dog, whoever violates that division (g) is guilty of a misdemeanor of the fourth degree on a first offense and of a misdemeanor of the third degree on each subsequent offense. Additionally, the court may order the offender to personally supervise the dangerous dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both, and the court may order the offender to obtain liability insurance pursuant to division (i) of this section. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society.
(2) If a violation of division (g) of this section involves a vicious dog, whoever violates that division (g) is guilty of one of the following:
A. On a first offense, a misdemeanor of the first degree if the dog causes injury other than killing or serious injury to any person. The person shall be guilty of a felony on each subsequent offense and shall be prosecuted under appropriate state law. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society.
B. A felony on a first or subsequent offense if the dog kills or seriously injures a person and shall be prosecuted under appropriate state law. Additionally, the court shall order that the vicious dog be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society.
(p) Whoever violates division (h) of this section is guilty of a misdemeanor of the first degree.
(q) Whoever violates division (i) of this section is guilty of a felony to be prosecuted under appropriate state law. Additionally, the court shall order that the vicious dog be humanely destroyed by as licensed veterinarian, the County Dog Warden, or the County Humane Society. (Ord. 2007-11. Passed 3-5-07.)