(a) Definitions.
(1) “At large” means a failure at any time to keep an animal 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 the reasonable control of some person; or on a leash.
(2) “Dangerous dog” means:
A. A dog that, without provocation, and subject to subsection (a)(2)B. hereof, 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 that dog is off the premises of its owner, keeper or harborer and not under the reasonable control of its owner, keeper or harborer or some other responsible persons, or not physically restrained or confined in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top;
B. But 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.
(3) “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.
(4) “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.
(5) “Vicious dog” means:
A. A dog that, without provocation and subject to subsection (a)(5)B. hereof, meets any of the following:
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 dog; or
3. Belongs to a breed that is commonly known as a Pit Bull Dog. The ownership, keeping or harboring of such a breed of dog shall be prima facie evidence of the ownership, keeping or harboring of a vicious dog.
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 one or more 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.
(6) “Without provocation” means that a dog was not teased, tormented or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not using the dog as a means of carrying out such activity.
(b) Running At Large Prohibited.
(1) No person who is the owner or keeper of horses, cattle, sheep, goats, swine, geese, chickens, dogs or other fowl or animals shall permit them to run at large in the public road, highway, street, lane, alley or upon any public place, or upon any unenclosed lands, or upon the premises of another.
(2) The running at large of any such animal in or upon any of the places mentioned in this section is prima facie evidence that it is running at large in violation of this section.
(c) Dangerous or Vicious Dogs. No owner, keeper or harborer of a “dangerous dog” or “vicious dog” shall fail to do either of the following, except when the dog is lawfully engaged in training for the purpose of hunting, accompanied by the owner, keeper, harborer or a handler:
(1) While that dog is on the premises of the owner, keeper or harborer, securely confine it at all times in a locked pen which 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;
(2) While that dog is off the premises of the owner, keeper or harborer, keep it 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:
A. Keep that dog in a locked pen which has a top, locked fenced yard or other locked enclosure which has a top;
B. 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 grounds or a stationary object or fixture so that the dog is adequately restrained and station such a person in close enough proximity to that dog so as to prevent it from causing injury to any person; or
C. Muzzle that dog.
(d) Exception. The provisions of this section are not applicable to any dog which has been registered pursuant to Ohio R.C. 955.011.
(e) Penalty.
(1) Whoever violates Section 505.01(b)(1) shall be fined not less than twenty- five dollars ($25.00) or more than one hundred dollars ($100.00) on a first offense, and on each subsequent offense shall be fined not less than seventy-five dollars ($75.00) or more than two hundred fifty dollars ($250.00) and may be imprisoned for not more than thirty days.
(Ord. 281 (86-87). Passed 9-3-87.)
(2) A. Whoever violates any provision of Section 505.01(c) which involves a dangerous dog 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 he 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 Ohio R.C. 955.22(E). 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.
B. Whoever violates any provision of Section 505.01(c) which involves a vicious dog is guilty of a misdemeanor of the first degree on a first offense. 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.
(Ord. 163 (94-95). Passed 5-4-95.)