(a) No person owning or harboring, or having the care or custody of, a vicious or dangerous dog shall suffer or permit such animal to go unconfined on the premises of such person. As used in this section, "unconfined" means not securely confined indoors or in a securely enclosed and locked pen or a run area upon the premises of such person. Such pen or run area must also have a secure top. If the pen or structure has no bottom secured to the sides, the sides must be imbedded into the ground not less than one foot. In the alternative, said animal may be confined in a locked fenced yard which fence is at least six feet high or other locked enclosure which has a top. Any enclosure must provide protection from the elements for the dog.
(b) No person owning or harboring, or having the care or custody of, a vicious or dangerous dog shall permit the un-muzzled dog at any time to be on a public street, highway, park, building, or other public place.
(c) No person owning or harboring, or having the care of, a vicious or dangerous dog shall suffer or permit such animal to go beyond the premises of such person, unless such animal is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds, not exceeding three feet in length, and under the custody and control of a person who is at least eighteen years of age and of suitable acquired discretion. The muzzle must be made in a manner that will not cause injury to the dog or interfere with its vision or respiration, but must prevent it from biting any person or animal.
(d) Any owner, keeper, or harborer of a dog declared dangerous or vicious pursuant to Section 618.01 hereof shall, at the expense of such owner, keeper or harborer, have the dog tattooed or micro-chipped to secure positive identification.
(e) All owners, keepers or harborers of vicious or dangerous dogs shall obtain a special 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), insuring such person against any claim, loss, damage or injury to or death of persons, domestic animals or property resulting from the acts, whether intentional or unintentional, of the vicious or dangerous dog. Such person shall produce evidence of such insurance upon the request of a law enforcement agent.
(1) All persons who presently own, keep or harbor a vicious or dangerous dog must obtain a special policy of liability insurance within 30 days of the effective date of this section.
(f) All owners, keepers or harborers of a vicious or dangerous dog shall have posted and displayed at each possible entrance onto the premises where the vicious or dangerous dog is kept a conspicuous sign, clearly legible, and easily readable by the public warning that there is a vicious or dangerous dog on the premises. Such sign shall be at least eight inches by ten inches in rectangular dimensions and shall contain only the words "VICIOUS DOG" or "DANGEROUS DOG" in lettering not less than two inches in height.
(g) The owner, keeper or harborer of a vicious or dangerous dog shall notify the animal warden or the Division of Police within 24 hours if the vicious or dangerous dog is on the loose, is unconfined, has attacked another animal, has attacked any person, has died, or if ownership or possession of the dog has been transferred to another person.
(h) If there has been a transfer of possession or ownership of a dangerous or vicious dog, within ten days after such transfer of ownership or possession, the seller, transferor, owner, keeper or harborer shall provide a completed copy of a written form to the Animal Warden on which the seller, transferor, owner, keeper or harborer shall furnish the following information:
(1) The name and address of the buyer or other transferee of the dog;
(2) The age, sex, color, breed, and registration number of the dog;
(3) In addition, the seller, transferor, owner, keeper or harborer shall answer the following questions which shall be specifically stated on the form as follows:
A. "Has the dog ever chased or attempted to attack or bite a person? If yes, describe the incident(s) in which the behavior occurred."
B. "Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred."
C. "Has the dog ever seriously injured or killed a person or other animal? If yes, describe the incident(s) in which the behavior occurred." The animal warden shall furnish the form to the seller or transferor at no cost.
(i) Penalties
(1) If a violation of this section involves a dangerous dog, whoever violates this section is guilty of a misdemeanor of the second degree on a first offense and of a misdemeanor of the first degree on each subsequent offense and shall be fined one thousand dollars ($1,000), which fine shall be mandatory, and shall not be suspended or remitted. In addition, the court may order the offender to: (1) personally supervise the dog that he or she owns, keeps or harbors; (2) cause that dog to complete dog obedience training; (3) attend a class on responsible pet ownership and dog behavior; or (4) do all three. The court, in the alternative, may order the dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society.
(2) If a violation of this section involves a vicious dog, whoever violates this section is guilty of a misdemeanor of the first degree on a first offense and shall be fined one thousand dollars ($1,000), which fine shall be mandatory, and shall not be suspended or remitted. In addition, the court may order the dog to be spayed or neutered at the owner's, keeper's or harborer's expense. Additionally, the court may order the dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society.
(3) Any owner who does not obtain the special liability insurance coverage required in accordance division (e) of this section shall be found guilty of a misdemeanor of the first degree.
(4) Any owner who is found guilty of violating or not complying with division (f) or (g) of this section shall be found guilty of a misdemeanor of the first degree and shall be fined one hundred dollars ($100.00) on each subsequent offense, which fine shall be mandatory and shall not be suspended or remitted.
(5) Any owner found guilty of violating this chapter shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal, or boarding and veterinary expenses necessitated by the seizure of the vicious or dangerous dog for the protection of the public, and such other expenses as may be required for the destruction of any such dog.
(6) This section shall not apply whenever the conduct prescribed in this chapter constitutes a felony under Ohio R.C. 955.99.
(Ord. 2012-81. Passed 9-19-12.)