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505.08 FAILURE TO CONTROL.
(a) No owner or person in charge or control of a dog, or owner or person in charge of a premises on which a dog is located, shall fail to control a dog within the Municipality.
(b) For the purposes of this section, each of the following constitutes an instance of failure to control:
(1) A dog which unreasonably and without provocation causes any unreasonable annoyance, alarm or a noise disturbance to any person or neighborhood by barking, whining, screeching, howling, or other like sounds which may be heard beyond the boundary of the owner's property;
(2) A dog which scratches or digs in, or defecates upon, any lawn, tree, shrub, plant, or any other public or private property, other than the property of the dog's owner or the property of a person in charge or control of the dog, unless the owner or person in control of the dog takes immediate action to repair any damage or remove any waste;
(3) A dog which otherwise causes damages to any public or private property other than the property of a person in charge or control of the dog;
(4) A dog, without provocation, while at large, has chased or approached a person in a menacing fashion or has attempted to bite or otherwise endangers a person or animal; or
(5) A dog, without provocation, that bites or otherwise inflicts injury to a person or that bites or otherwise inflicts serious injury or has killed another dog or animal.
(6) A dog, without provocation, has killed or caused serious injury to any person.
(c) Whoever violates subsection (a) resulting from an instance under subsection (b)(1-3) of this section is guilty of a minor misdemeanor on the first offense and a misdemeanor of the fourth degree on a second and third offense. On the third offense the dog shall be considered a nuisance dog.
(d) Whoever violates subsection (a) resulting from an instance under subsection (b)(4) of this section shall be considered a nuisance dog and is guilty of a misdemeanor of the fourth degree on a first offense and a misdemeanor of the second degree on a second and subsequent offenses.
(e) Whoever violates subsection (a) resulting from an instance under subsection (b)(5) of this section shall be considered a dangerous dog and is guilty of a misdemeanor of the first degree.
(f) Whoever violates subsection (a) resulting from an instance under subsection (b)(6) of this section shall be considered a vicious dog and is guilty of a misdemeanor of the first degrees if a serious injury results and felony of the fourth degree if a dog, without provocation kills any person and shall be prosecuted under appropriate State law. (ORC 955.99(H)(1)(a)).
(g) In addition to the penalties provided herein, and any other rights provided by law, in any civil action to recover damages against the owner of any dog who has violated subsection (b)(5) or (6) above, the injured party may recover three times the amount of the actual economic damages, as economic loss may be defined in Ohio R.C. 2315.18(A)(2).
(Ord. 2023-04. Passed 5-15-23.)
505.09 AT LARGE.
(a) No person being the owner of or having charge of any dog or any other animal shall permit such animal to run at large or to run upon the premises of another without the permission of such other person.
(b) No person being the owner of or having charge of any dog shall permit such dog to go beyond the premises of such owner at any time when the dog is in heat, unless such dog is properly restrained by a leash, cord, chain or similar device. The owner of any dog in heat shall at all times keep such dog either confined upon the premises of the owner or under reasonable control of some person.
(c) An at large animal in or upon any of the places mentioned in this section is prima facie evidence that it is an at large animal in violation of this section.
(d) Whoever violates any provision of this section is guilty of a minor misdemeanor on the first offense and a misdemeanor of the fourth degree on each subsequent offense and shall be fined, in accordance with Section 501.99.
(e) If a violation of any provision of this section hereof involves a nuisance dog, upon a third violation involving the same dog, the court shall require the offender to register the dog as a dangerous dog and be subject to a fine in accordance with Section 501.99.
(f) Notwithstanding the forgoing penalties, if an animal or person is seriously injured by a dog or other animal without provocation as a result of a violation of this section, then whoever violates this section is guilty of a misdemeanor of the first degree. Additionally, the court shall order the owner to personally supervise the animal, to complete dog or other obedience training within a specified period of time, and require the owner to comply with any applicable provisions of Section 505.10(a) and Section 505.11.
(g) In addition to the penalties provided herein, in any civil action to recover damages against the owner of any dog who has violated section (f) above, the injured party may recover three times the amount of the actual economic damages, as economic loss may be defined in Ohio R.C. 2315.18(A)(2).
(Ord. 2023-04. Passed 5-15-23.)
505.10 DANGEROUS AND VICIOUS DOGS.
(a) No owner of a dangerous or vicious dog shall fail to do either of the following:
(1) While the dog is on the premises of the owner, securely confine it at all times in a locked pen which has a top, locked fenced yard or other locked enclosure 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 the dog is off the premises of the owner, keep it on a chain-link leash or tether that is not more than six (6) feet in length, controlled by a person who is of suitable age and discretion or securely attach, tie or affix the lease or tether to the ground or a stationary object or fixture so that the dog is adequately restrained 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; or
B. Muzzle the dog.
(b) If a violation of subsection (a)(1) or (2) hereof involves a dangerous or vicious dog, and does not result in the serious injury or killing of a person or animal, then, whoever violates that subsection 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. In addition to this penalty and the penalty provided in Section 501.99, the court may order the owner to personally supervise the dog , and/or to cause the dog to complete dog obedience training.
(c) If a violation of subsection (a)(1) or (2) hereof involves a dangerous or vicious dog, and does result in serious injury or killing of a person or animal, then, whoever violates that subsection is guilty of one of the following:
(1) A felony of the fourth degree if the dog causes serious injury or kills a person and punishment shall be as provided in Ohio R.C. 2929.11. Additionally, the court shall order that the dangerous dog be humanely destroyed by a licensed veterinarian, the County Dog Warden or the County Humane Society at the owner's expense.
(2) A misdemeanor of the first degree if the dog causes serious injury to or kills an animal. Prosecution for the misdemeanor shall be under this section and punishment shall be as provided in Section 501.99. Additionally, the court may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden or the County Humane Society at the owner's expense.
(3) A misdemeanor of the second degree if the dog causes injury, other than killing or serious injury, to any person or any animal. Punishment shall be as provided in Section 501.99.
(d) In addition to the penalties provided herein, in any civil action to recover damages against the owner of any dog who has violated subsections (c)(1), (c)(2) or (c)(3) above, the injured party may recover three times the amount of the actual economic damages, as economic loss may be defined in Ohio R.C. 2315.18(A)(2).
(Ord. 2023-04. Passed 5-15-23.)
505.11 LIABILITY INSURANCE REQUIRED.
No owner of a dangerous or vicious dog shall fail to obtain 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 two hundred thousand dollars ($200,000) because of damage or bodily injury to or death of a person caused by the dangerous or vicious dog. Whoever violates this section is guilty of a misdemeanor of the first degree. Punishment shall be as provided in Section 501.99.
(Ord. 2023-04. Passed 5-15-23.)
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