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.)

505.04 DOGS AND OTHER ANIMALS RUNNING AT LARGE.

   (a)    No person being the owner or having charge of cattle, sheep, geese, ducks, turkeys, chickens or other fowl or other animals enumerated in Sections 505.01 or 505.02, shall permit them to run at large upon any public place or upon the premises of another.

   (b)    No owner, keeper or person having control over a dog shall permit such dog to go beyond the premises of such owner, keeper or person having the control, unless the dog is accompanied by such owner, keeper or person having the control, and unless the dog is effectively restrained by a chain or lead not exceeding six feet in length.

   Any dog, whether licensed or not, found running at large or found unaccompanied or- unrestrained as required by this section shall be impounded.

   (c)    No owner, keeper or harborer of any dog shall fail at any time to keep it either 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, or under reasonable control of same person.

   (d)    The running at large of any such animal in or upon the places mentioned in this section is prima facie evidence that it is running at large in violation of this section.

   (e)    Whoever violates this section is guilty of a minor misdemeanor; provided, that whoever violates this section, and has previously pleaded guilty or been found guilty under this section, shall be guilty of a misdemeanor of the fourth degree, unless the violation of this Section by the owner, keeper, harborer, or person having the control was done recklessly, then a violation shall be a misdemeanor of the first degree.

   (f)   Any owner, keeper, harborer, or person having control over a dog found running at large or found unaccompanied or unrestrained shall be strictly liable to pay or indemnify any person who has suffered injury or damage to themselves or their property, as a result of a reckless dog attack, whether the attack occurs on or off the premises of the owner, keeper, harborer, or person having control over a dog. For purposes of this Section, reckless shall have the same meaning as Ohio Revised Code 2901.22. The Mansfield Municipal Court shall have the authority to issue an order of payment or indemnification or restitution, including but not limited to, veterinarian or medical expenses. The amount of the payment or indemnification or restitution shall be twice the amount of the value of the injured or killed dog and/or any medical or veterinarian bills, but not to exceed the monetary jurisdiction of the Mansfield Municipal Court. The authority of the Mansfield Municipal Court shall not deprive the victim of any other civil remedy under law. (Ord. 17-213. Passed 12-19-17.)

505.05 CERTAIN ANIMAL CONDUCT PROHIBITED.

   (a)    No person being the owner or having charge of any animal shall permit such animal to scratch, dig or otherwise damage any lawn, tree, shrub, plant, building or other public or private property other than the property of the owner or person having charge of such animal; provided that this section shall not apply to private property onto which such owner or person having charge of any animal has permission of the owner or occupier of the property authorizing the entry of such animal onto the property.

   (b)    Whoever violates this section is guilty of a minor misdemeanor.

(Ord. 88-294. Passed 10-4-88.)

505.06 NUISANCE CONDITIONS PROHIBITED.

   (a)    No person shall keep or harbor any animal or fowl in the Municipality so as to create noxious or offensive odors or unsanitary conditions which are a menace to the health, comfort or safety of the public.

   (b)    Whoever violates this section is guilty of a minor misdemeanor.

(Ord. 88-295. Passed 10-4-88.)

505.07 BARKING AND OTHER ANIMAL NOISE.

   (a)    No person shall keep or harbor any animal, livestock, poultry or wild or exotic animal within the Municipality which, by frequent and habitual howling, yelping, barking or other activity, creates unreasonably loud and disturbing noises of such character, intensity and duration as to disturb the peace and quiet of the community or as to annoy, disturb or endanger the comfort, repose or health of persons occupying property in the neighborhood.

   (b)    Whoever violates this section is guilty of a minor misdemeanor.

(Ord. 88-296. Passed 10-4-88.)

505.08 ABANDONING ANIMALS.

   (a)   No owner or keeper of a dog, cat or other domestic animal shall abandon such animal. (ORC 959.01)

   (b)   Whoever violates subsection (a) hereof is guilty of a misdemeanor of the second degree on a first offense and a misdemeanor of the first degree on each subsequent offense.

(ORC 959.99 (E)(3))

505.09 KILLING, POISONING OR OTHERWISE INJURING ANIMALS.

   (a)    No person shall maliciously or willfully, and without the consent of the owner, kill or injure a farm animal, dog, cat or other domestic animal that is the property of another. This section does not apply to a licensed veterinarian acting in an official capacity.

   (b)    No person shall maliciously or willfully, and without the consent of the owner, administer poison, except a licensed veterinarian acting in such capacity, to a farm animal, dog, cat, poultry or other domestic animal that is the property of another; and no person shall, willfully and without the consent of the owner, place any poisoned food where it may be easily found and eaten by any of such animals, either upon his own lands or the lands of another.

   (c)    Whoever violates subsection (a) hereof, shall be guilty of a misdemeanor of the first degree.

   (d)    Whoever violates subsection (b) hereof is guilty of a misdemeanor of the fourth degree. (Ord. 11-097. Passed 8-2-11.)