(a) Keeping Dangerous or Vicious Animals. No person shall keep, harbor or own any dangerous or vicious animal within the City, except in accordance with this section.
(b) Keeping Animals for Fighting. No person shall keep, harbor or own any animal for the purpose of fighting, or train any animal for the purpose of causing or encouraging such animal to make unprovoked attacks, cause injury or otherwise threaten the safety of human beings or domestic animals.
(c) Selling, Breeding or Buying Vicious Animals. No person shall possess with intent to sell, offer for sale, breed, buy or attempt to buy a vicious animal within the City.
(d) Dangerous Animals and Vicious Animals Defined.
(1) An animal is deemed to be a dangerous animal when:
A. It has, without provocation, caused serious injury to a human being or domestic animal, or
B. It has a known propensity, tendency or disposition, without provocation, to cause serious injury to a human being or domestic animal, or
C. It has been designated to be a dangerous animal after a hearing by the Director of Service, and
D. The public safety can be protected by the owner or custodian of the animal exercising reasonable control over the animal.
(2) An animal is deemed to be a vicious animal when:
A. It has, without provocation, caused serious injury to a human being or domestic animal, or
B. It has a known propensity, tendency or disposition, without provocation, to cause serious injury to a human being or domestic animal, or
C. It has been designated to be a vicious animal after a hearing by the Director of Service, and
D. The public safety cannot be protected by the owner or custodian of the animal exercising reasonable control over the animal.
(e) Impoundment of Animals.
(1) Any police officer or health officer of the City, including the Animal Warden, shall have the authority but not the duty to summarily and immediately impound any animal which:
A. Has attacked, bitten or otherwise injured any human being or domestic animal; or
B. Has a known propensity, tendency or disposition, without provocation, to attack, cause injury to or otherwise threaten the safety of human beings or domestic animals.
(2) When damage is imminent, any such officer may enter and inspect private property to enforce the provisions of this section.
(3) Any person keeping or harboring an animal sought to be impounded shall surrender such animal to the police officer or health officer upon demand.
(4) If the animal cannot be safely taken up and impounded, it may be slain forthwith by the police officer or health officer.
(f) Alternative Confinement.
(1) In lieu of such animal being impounded, the animal warden may direct that the animal be confined at the owner's or custodian's expense either in an approved veterinary facility, or at the owner's or custodian's residence, or outside the City. In such case, the owner or custodian:
A. Shall not remove the animal from the veterinary facility or residence or bring the animal into the City without the prior written approval of the animal warden, and
B. Shall make the animal available for observation and inspection by police officers and health officers of the City, including the Animal Warden.
(2) The Animal Warden may have such impounded or confined animal permanently identified by photo and other identification.
(g) Hearing by Director of Service. Within ten days of such animal being impounded or confined, the Director of Service shall conduct a hearing to determine whether the animal is a dangerous animal or a vicious animal. The City shall make residential service of notice of the time, place and purpose of the hearing, at least three days before the hearing, upon the owner or custodian of the animal, any persons requesting notice, and any persons known to have relevant knowledge or information regarding the animal.
(h) Evidence of Dangerous Animal or Vicious Animal.
(1) The Director of Service may hear and consider any relevant evidence offered by any person desiring to provide such evidence at the hearing.
(2) In making a determination as to whether the impounded or confined animal is a dangerous animal or a vicious animal, the following evidence may be considered:
A. Any previous history of the animal attacking, biting or causing injury to human beings or domestic animals;
B. The nature and extent of all injuries inflicted and the number of victims involved;
C. The place where the bite, attack or injury occurred;
D. The presence or absence of any provocation for the bite, attack or injury;
E. The extent to which clothing or other property was damaged or destroyed;
F. Whether the animal exhibits any characteristics of being trained for fighting or attack, or other evidence to show such training or fighting;
G. Whether the animal exhibits characteristics of aggressive or unpredictable temperament or behavior in the presence of human beings or domestic animals;
H. The manner in which the animal has been trained, handled and maintained by its owner or custodian;
I. Any other relevant evidence concerning the animal; and
J. Any other relevant evidence regarding the ability of the owner or custodian or the City to protect the public safety if the animal is permitted to remain in the City.
(3) Within three days of such hearing, the Director of Service shall issue a written decision based upon all of the facts known to the Animal Warden.
(i) Decision of Director of Service.
(1) If it is determined by the Director of Service that the animal represents a continuing threat of serious harm to human beings or domestic animals, but that the public safety can be protected by the owner or custodian of the animal exercising reasonable control over the animal, the decision of the Director of Service shall be to designate the animal to be a "dangerous animal."
(2) If it is determined by the Director of Service that the animal represents a continued threat of serious harm to human beings or domestic animals, and that the public safety cannot be protected by the owner or custodian of the animal exercising reasonable control over the animal, the decision of the Director of Service shall be to designate the animal to be a "vicious animal."
(3) If it is determined by the Director of Service that the animal does not represent a continued threat of serious harm to human beings or domestic animals, the decision of the Director of Service shall be to make no designation of the animal, and it shall be released to its owner or custodian. Such determination, however, shall not be deemed to preclude a later determination that such animal is a dangerous animal or a vicious animal under division (d) of this section.
(j) Disposition of Vicious Animals.
(1) It shall be unlawful for any person to own, possess, harbor or keep any animal designated by the Director of Service, after a hearing, to be a vicious animal.
(2) Any animal designated by the Director of Service, after a hearing, to be a vicious animal, if not already impounded by the City, shall be immediately surrendered to the Director of Service or a police officer.
(3) Any animal declared by the Director of Service, after a hearing, to be a vicious animal shall be humanely destroyed.
(4) The Director of Service shall issue an order authorizing the destruction of the vicious animal to take place no earlier than five days following the written decision by the Director of Service designating the animal to be a vicious animal. If the owner or custodian of the vicious animal, within such period, files a notice of appeal of the Director of Service's decision with a court of competent jurisdiction, and serves the Director of Service with a copy of the notice of appeal, and removes the animal from the City pending such appeal, the City shall stay the order of destruction pending the appeal.
(k) Disposition of Dangerous Animals.
(1) The Animal Warden, after a hearing by the Director of Service, may issue an order for the owner or custodian to remove any dangerous animal from the City, or, in the alternative, may impose reasonable terms, conditions and restrictions for the training, handling and maintenance of such dangerous animal, which terms, conditions and restrictions the Animal Warden determines are necessary to protect the public health, safety and welfare, including, but not limited to, the following:
A. To keep the animal, while on the premises of its owner or custodian, confined indoors or in a securely enclosed pen or "dog run" area which shall have six feet high or a secure top, and shall have its bottom secured to its sides or imbedded at least one foot into the ground.
B. To keep the animal, while off the premises of its owner or custodian, securely muzzled, leashed with a chain no longer than three feet and having tensile strength of no less than 300 pounds, and under the control of a person eighteen years of age or older who is physically capable of restraining the animal.
C. To immediately inform any government or utility company employees and anyone else who comes on the property with implied consent or peaceably and lawfully, of the animal's dangerousness and to inform applicable public agencies again if the animal is moved to another location.
D. To obtain liability insurance with an insurer authorized to write liability insurance in the State of Ohio providing coverage for 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 human being caused by the animal.
(2) If the owner or custodian of the dangerous animal files a notice of appeal of the Director of Service's decision with a court of competent jurisdiction, the order of the Animal Warden to remove the dangerous animal from the City or to impose reasonable terms, conditions and restrictions which the Animal Warden deems are necessary to protect the public health, safety and welfare shall not be stayed pending the appeal.
(3) If the owner or custodian of an impounded or confined dangerous animal wishes to reclaim and remove it from the City, the Animal Warden shall release it, provided that the animal is taken to its new location outside the City immediately and directly upon its release. No person to whom such animal is released shall fail to remove the animal immediately and directly from the City.
(l) (EDITOR’S NOTE: Division (l) was deleted by Ord. 2022-28, passed April 12, 2022.)
(m) Police Dogs Exempt. The terms "dangerous animal" and "vicious animal," as used in this section, do not include police dogs that have been trained and may be used to assist law enforcement officers in the performance of their official duties.
(n) Penalties.
(1) Whoever violates this section is guilty of a minor misdemeanor on a first offense and a misdemeanor of the fourth degree on each subsequent offense.
(2) If a violation of this section involves an animal designated by the Director of Service, after a hearing, to be a dangerous animal, whoever violates this section is guilty of a misdemeanor of the third degree.
(3) If a violation of this section involves an animal designated by the Director of Service, after a hearing to be a vicious animal, whoever violates this section is guilty of a misdemeanor of the second degree.
(4) If a violation of this section involves an animal designated by the Director of Service, after a hearing, either to be a dangerous animal or a vicious animal, and if the animal kills or seriously injures a human being, whoever violates this section is guilty of a misdemeanor in the first degree.
(Ord. 1990-50. Passed 5-8-90; Ord. 2022-28. Passed 4-12-22.)