(a) As used in this section:
(1) A. "Dangerous dog" means a dog that, without provocation, and subject to division (a)(2)B. of this section, has chased or approached a person 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, harborer or some other responsible person, 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. "Dangerous dog" does not include a police dog that has chased or approached a person 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.
(2) "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.
(3) "Police dog" means a dog that has been trained and that may be used to assist one or more law enforcement officers in the performance of their official duties.
(4) A. "Vicious dog" means a dog that, without provocation and subject to division (a)(4)B. of this section, conforms to any of the following descriptions:
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 domestic animal;
3. Has attacked a person or domestic animal one or more times;
4. Is a pit bull terrier. The ownership, keeping or harboring of such a 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;
2. A dog that has killed or caused serious injury to any person while such 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.
C. "Pit bull terrier" as used herein, includes, but is not limited to, an American Pit Bull Terrier, any Bull Terrier, any Staffordshire Bull Terrier or American Staffordshire Terrier breed of dog, or any mixed breed of dog which contains, as an element of its breeding, the breed of American Pit Bull Terrier, Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier as to be identifiable as partially of the breed of American Pit Bull Terrier, Bull Terrier, Staffordshire Bull Terrier or American Staffordshire Terrier.
(5) "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 engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(6) "Period of owner's right to appeal." The time period beginning on the date when an owner, keeper, harborer or handler of a dog was given written notice that a dog has been classified as "dangerous" or "vicious." Such time period shall conclude on the later of:
A. The day immediately following the expiration of the period for which the owner, keeper, harborer or handler has the ability to appeal such classification as defined in this section; or
B. The day upon which a final determination is made in accordance with division (d)(4) of this section.
(b) Except when a dangerous or vicious dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, harborer or handler of the dog, no owner, keeper or harborer of a dangerous or vicious dog shall fail to do either of the following:
(1) While that dog is on the premises of the owner, keeper or harborer, the following provisions shall apply:
A. Securely confine the dangerous or vicious dog at all times in a locked pen that has a top, locked fenced yard or other locked enclosure that 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; and
B. A sign shall be displayed in a prominent place on the premises easily readable by the public using the words "Beware of Dog". In addition, a similar sign is required to be posted on the kennel or pen of such animal.
(2) While that dog is off the premises of the owner, keeper or harborer, keep that dog 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 that has a top, locked fenced yard or other locked enclosure that has a top;
B. Have a 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 ground 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; and/or
C. Muzzle that dog.
(3) All owners, keepers, or harborers of a vicious dog shall, upon receiving a notice under division (d)(1) of this section, shall submit to the Police Department two color photographs of the animal clearly showing the color and approximate size of the animal. Such photographs shall be submitted within 30 days of the notice.
(4) Euthanize, or otherwise dispose of the animal, said owner, keeper, or harborer shall within ten days of the disposition, report the following information in writing to the Police Department as required hereinafter:
A. The removal from the City or death of vicious dog;
B. The new address or location of the vicious dog should the owner, keeper, or harborer of such dog sell, give, or in any other way transfer possession of the animal to another person or organization.
(c) No owner, keeper or harborer of a 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 one hundred thousand dollars ($100,000) because of damage or bodily injury to or death of a person caused by the vicious dog. Such liability insurance shall be obtained by the owner, keeper, or harborer of a vicious dog and proof of such insurance in the form of a Certificate of Insurance shall be provided to the Police Department within 30 days from the date of the notice given under division (d)(1) of this section (Adopting Ordinance).
(d) No dog shall be deemed a "dangerous dog" or "vicious dog" as stated herein unless and until the owner, keeper, harborer, or handler shall have been provided the opportunity to contest, challenge, or otherwise appeal the determination that a dog is a "dangerous dog" or "vicious dog" in accordance with the following:
(1) Notice that a dog is deemed "vicious" or "dangerous" shall be deemed "given" when such notice has been either served upon an owner, keeper, harborer, or handler, when a written notice properly stamped and addressed to the registered owner of a dog is deposited into the mails, or when written notice is left in a reasonable location upon the property on which the dog was located. Such written notice of classification may be given by a City official, police officer, or other person of governmental authority in the form of informal notification that a dog has been classified as "dangerous" or "vicious," or a citation for failure to comply with relevant City ordinances or Ohio Revised Code provisions concerning dangerous or vicious dogs.
(2) Upon receiving notice that a City official, police officer, or other person of governmental authority has made a determination that a dog is a vicious dog the owner, keeper, harborer, or handler of such dog shall have ten days to deliver written notice of appeal of such classification to the Chief of Police or designee. Such notice of appeal must contain all of the following:
A. A clear statement identifying the document as a notice of appeal or a classification of a dog as dangerous or vicious;
B. Identifying name and address of the owner, keeper, harborer, or handler who is making the appeal;
C. A reasonable identification of the dog in question;
D. Identifying the notice or citation in which a classification as dangerous or vicious was made;
E. The following statement "I, as the accused in this matter, do hereby acknowledge that, by making this appeal, I knowingly and voluntarily waive my right to speedy trial afforded by Ohio R.C. 2945.71, as the making of this appeal will cause a delay in trial because of an action made or instituted by me as the accused;"
F. A request for a hearing before the Chief of Police or his or her designee, if a hearing is desired by the owner. If no hearing is desired, or if a statement is submitted without such a request, the ability to request a hearing shall be waived by the owner;
G. Any relevant information, documents, statements, or other evidence which the person challenging the classification desires to have considered prior to making a final determination that a dog is a "dangerous dog" or "vicious dog;" and
H. If the dog has been classified as "vicious" based upon division (a)(4)A.4. of this section, or upon Ohio R.C. 955.11(A)(4)(a)(iii), then the notice shall be accompanied by reasonable certification or other affirmation that the dog in question is not of the breed identified in the question. If no written intent to appeal the classification is delivered within ten days, such a right to appeal the classification of a dog as dangerous or vicious shall be deemed waived, and such classification shall become conclusive and final, and a City official, police officer, or court may therefore proceed accordingly in compliance with this section.
(3) Upon receiving a written notice of appeal containing all the required provisions of division (d)(2) of this section, the Chief of Police or his or her designee shall conduct an investigation. The Chief of Police or his or her designee shall also conduct a hearing if such hearing is expressly requested by the owner in the notice of appeal given under division (d)(2) of this section, in the discretion of the Chief of Police or his or her designee, deemed beneficial to the interests of justice.
(4) After conducting the investigation/hearing in accordance with division (d)(3) above, the Chief of Police or his or her designee shall issue a written determination of the appropriateness of the classification. This decision shall be final, and shall be served in person or by mail upon the person identified in division (d)(2)B. hereinabove.
(5) A finding by Chief of Police or his or her designee that a dog is not a "dangerous" or "vicious" dog as defined in divisions (a)(1) or (a)(4) hereinabove does not preclude a subsequent classification based on events occurring after the determination made in division (d)(4) hereinabove.
(6) Nothing in this section shall preclude the City from enforcing any other ordinances pertaining to dogs as set forth in this chapter, or in Ohio R.C. Chapter 955.
(e) If a violation of division (b) of this section involves a dangerous dog, whoever violates that division is guilty of a misdemeanor of the fourth degree for a first offense and of a misdemeanor of the third degree for each subsequent offense. Additionally, the Court may order the offender to personally supervise the dangerous dog that the offender owns, keeps or harbors, to cause the dog to complete dog obedience training, or to do both, and the court may order the offender to obtain liability insurance pursuant to division (c) of this section. The court, in the alternative, may order the dangerous dog to be humanely destroyed by a licensed veterinarian, the Animal Control Officer or the humane society.
(f) If a violation of division (b) of this section involves a vicious dog, whoever violates that division is guilty of one of the following:
(1) A misdemeanor of the first degree for a first offense. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the Animal Control Officer or the human society.
(2) A misdemeanor of the first degree if the dog causes injury, other than killing or serious injury, to a person.
(g) Whoever violates division (c) of this section is guilty of a misdemeanor of the first degree.
(Ord. 4886. Passed 5-16-95; Ord. 6247. Passed 4-19-11; Ord. 6612. Passed 10-4-16.)