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.)