(A) As used in this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DANGEROUS DOG.
(a) A dog that, without provocation, and subject to division (b) of this definition, has done any of the following:
1. Caused injury, other than killing or serious injury, to any person;
2. Killed another dog;
3. Been the subject of a third or subsequent violation of § 90.01(A).
(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
law enforcement officers in the performance of their official duties.
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.
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.
VICIOUS DOG.
(a) Means a dog that, without provocation and subject to division (b) of this definition, has killed or caused serious injury to any person,
(b) VICIOUS DOG does not include either of the following:
1. A police dog that has killed or caused serious injury to any person or that has caused injury, 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 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.
(Ord. O-19-19, passed 10-28-2019)
(B) (1) Upon the transfer of ownership of any dog, the seller of the dog shall give the buyer a transfer of ownership certificate that shall be signed by the seller.
(2) The certificate shall contain the registration number of the dog, the name of the seller, and a brief description of the dog. Blank forms of the certificate may be obtained from the County Auditor.
(C) Prior to the transfer of ownership or possession of any dog, upon the buyer’s or other transferee’s request, the seller or other transferor of the dog shall give to the person a written notice relative to the behavior and propensities of the dog.
(D) Within ten days after the transfer of ownership or possession of any dog, if the seller or transferor of the dog has knowledge that the dog is a dangerous or vicious dog, he or she shall give to the buyer or transferee, the Board of Health for the district in which the buyer or other transferee resides, and the Dog Warden of the county in which the buyer or other transferee resides, a completed copy of a written form on which the seller 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 current registration number of the dog;
(3) In addition, the seller shall answer the following questions which shall be specifically stated on the form as follows:
“Has the dog ever chased or attempted to attack or bite a person? If yes, describe the incident(s) in which the behavior occurred”.
“Has the dog ever bitten a person? If yes, describe the incident(s) in which the behavior occurred”.
“Has the dog ever seriously injured or killed a person? If yes, describe the incident(s) in which the behavior occurred”.
(4) The Dog Warden of the county in which the seller resides furnishes the form to the seller at no cost.
(R.C. § 955.11)
(E) (1) Whoever violates division (B) above is guilty of a minor misdemeanor.
(2) Whoever violates divisions (C) or (D) above is guilty of a minor misdemeanor on a first offense and of a misdemeanor of the fourth degree on each subsequent offense.
(R.C. § 955.99(A))
(2000 Code, § 90.18)