(a) The municipal court or county court that has territorial jurisdiction over the residence of the owner, keeper, or harborer of an animal shall conduct any hearing concerning the designation of the animal as a nuisance animal, dangerous animal, or vicious animal.
(b) If a person who is authorized to enforce this chapter has reasonable cause to believe that an animal in the person's jurisdiction is a nuisance animal, dangerous animal, or vicious animal the person shall notify the owner, keeper, or harborer of that animal, by certified mail or in person, of both of the following:
(1) That the person has designated the animal a nuisance animal, dangerous animal, or vicious animal, as applicable;
(2) That the owner, keeper, or harborer of the animal may request a hearing regarding the designation in accordance with this section. The notice shall include instructions for filing a request for a hearing in the county in which the animal's owner, keeper, or harborer resides.
(c) If the owner, keeper, or harborer of the animal disagrees with the designation of the animal as a nuisance animal, dangerous animal, or vicious animal, as applicable, the owner, keeper, or harborer, not later than ten days after receiving notification of the designation, may request a hearing regarding the determination. The request for a hearing shall be in writing and shall be filed with the municipal court or county court that has territorial jurisdiction over the residence of the animal's owner, keeper, or harborer. At the hearing, the person who designated the animal as a nuisance animal, dangerous animal, or vicious animal has the burden of proving, by clear and convincing evidence, that the animal is a nuisance animal, dangerous animal, or vicious animal.
(d) The owner, keeper, or harborer of the animal or the person who designated the animal as a nuisance animal, dangerous animal, or vicious animal may appeal the court's final determination as in any other case filed in that court.
(e) A court, upon motion of an owner, keeper, or harborer or an attorney representing the owner, keeper, or harborer, may order that the animal designated as a nuisance animal, dangerous animal, or vicious animal be held in the possession of the owner, keeper, or harborer until the court makes a final determination under this section or during the pendency of an appeal, as applicable. Until the court makes a final determination and during the pendency of any appeal, the animal shall be confined or restrained in accordance with Section 505.15(b) hereof that apply to a dangerous animal regardless of whether the animal has been designated as a vicious animal or a nuisance animal rather than a dangerous animal. The owner, keeper, or harborer of the animal shall not be required to comply with any other requirements established in the Mentor Code of Ordinances that concern a nuisance animal, dangerous animal, or vicious animal, as applicable, until the court makes a final determination and during the pendency of any appeal.
(Ord. 12-O-47. Passed 6-5-12.)
(f) If an animal is finally determined under this section, or on appeal as described in this section, to be a vicious animal, Section 505.15 hereof shall apply with respect to the animal, and the court shall issue an order that specifies that that provision shall apply with respect to the owner, keeper, harborer. As part of the order, the court shall require the owner, keeper, or harborer to obtain liability insurance pursuant to Ohio Revised Code 955.99(H)(2).
As used in this section, "nuisance animal," "dangerous animal," and "vicious animal" have the same meanings as in Section 505.01 hereof.
(Ord. 13-O-58. Passed 7-2-13.)