505.03 VICIOUS AND DANGEROUS DOGS.

   (a)    As used in this section:

      (1)    A.    "Dangerous dog" means a dog that, without provocation, and subject to subsection (a)(l)B. hereof, has chased or attempted to bite or otherwise endanger any person, while the dog is off the premises of its owner, keeper or harborer and not under the absolute control of its owner, keeper, harborer or some other responsible adult person.

         B.   "Dangerous dog" does not include a police dog that has chased or approached 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 one or more law enforcement officers in the performance of their official duties.

      (2)    "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.

      (3)    "Police dog" means 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)    A.   "Vicious dog" means a dog that, without provocation and subject to subsection (a)(4)B. hereof:

            1.   Has killed or caused serious injury to any person,

            2.   Has caused injury, other than killing or serious injury, to any person, or has killed another domesticated animal,

            3.   Dogs trained to assist blind, deaf, or mobility impaired persons while in performance of their trained duties.

               (a)    Blind and mobility impaired person have the same meaning as Ohio R.C. 955.011(B).

               (b)    Deaf means any person whose hearing loss is 90 decibels or higher.

         B.   "Vicious dog" does not include either of the following:

            1.   A police dog.

            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.

            3.    Dogs trained to assist blind, deaf, or mobility impaired persons while in performance of their trained duties.

               (a)    Blind and mobility impaired person have the same meaning as Ohio R.C. 955.011(B).

               (b)    Deaf means any person whose hearing loss is 90 decibels or higher.

      (5)   "Without provocation" means:

         A.   The threat, injury, or death was not sustained by a person who at the time was committing a crime or offense upon the owner or custodian of the dog, or was committing a willful trespass or other tort upon the premises or property owned or occupied by the owner of the animal. Also the dog was not used as means of carrying out such activity,

         B.   The injured, threatened, or killed person was not abusing, assaulting, teasing, tormenting, or physically threatening the dog or its offspring, or has not in the past abused, assaulted, teased, tormented, or physically threatened the dog or its offspring; or

         C.   The dog was not responding to pain or injury, or was not protecting itself, its owner, custodian, or member of its household, kennel, or offspring, and the injured, threatened, or killed companion animal was not attacking or threatening to attack the dog or its offspring.

      (6)    "Confined" means in a securely enclosed and locked pen or structure upon the premises of the owner of the dog. The pen or structure shall have secure sides and a secure top attached to the sides. If the pen or structure has no bottom secured to the sides, the sides shall be embedded into the ground no less than one foot. All such pens or structures shall be adequately lighted and kept in a clean and sanitary condition. If confined in a dwelling, it cannot have direct ingress from or egress to the outdoors unless it leads directly to an enclosed pen and the door must be locked.

   (b)    Vicious dogs are hereby prohibited within the jurisdictional limits of the City.

      (1)    Persons who presently have vicious dogs licensed in the City shall make the dog confined in a locked pen on the premises and shall have liability insurance with coverage in effect, exclusive of interest and costs, of not less than fifty thousand dollars ($50,000) for damage or bodily injury to or death of a person caused by the vicious dog for each occurrence. The owner shall provide proof of current insurance coverage with the Chief of Police within thirty days of the effective date of this section. The owner shall not permit the dog to go beyond the premises of the owner unless the dog is properly in leash and the dog is muzzled in a manner that will not cause injury to the dog or interfere with its vision or respiration, but shall prevent it from biting any human or animal.

         Further, the owner shall display in a prominent place on his or her premises a clearly visible warning sign indicating that there is a vicious dog on the premises. A similar sign is required to be placed on the pen of the animal.

      (2)    Persons who presently have vicious dogs shall not acquire another vicious dog once the vicious dog they presently have registered with the County Auditor dies or is sold or otherwise disposed of.

   (c)    Dangerous dogs shall not be permitted to go beyond the premises of the owner, keeper or harborer at any time under the supervision of an individual at least 18 years old and muzzled or properly in leash.

   "Properly in leash" means secured on a chain no more than three feet in length with at least 300 pounds of tensile strength and under the physical restraint of a responsible adult person.

   (d)    No owner, keeper or harborer of any dangerous dog shall fail so at any time to keep it either physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, as defined in subsection (c) hereof, adequate fence, supervision or secure enclosure to prevent escape, or under absolute control of some responsible adult person.

   (e)    Whoever violates subsection (b) hereof shall be guilty of a misdemeanor of the first degree and the Court may order the dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society. Subsequent offenses shall be a felony of the fourth degree and the Court shall order the vicious dog humanely destroyed by a licensed veterinarian, the County Dog Warden or the Humane Society.

   Whoever violates subsections (c) or (d) hereof shall be guilty of a misdemeanor of the fourth degree. Subsequent violations shall be misdemeanors of the third degree.

(Ord. 17-192. Passed 11-21-17.)