(a) (1) Whoever violates division (d) of Section 508.02 because of a failure to comply with division (a) of that section is guilty of a minor misdemeanor.
(2) Whoever violates division (d) of Section 508.02 because of a failure to comply with division (b) or (c) of that section is guilty of a minor misdemeanor on a first offense and of a misdemeanor of the fourth degree on each subsequent offense.
(b) (1) Whoever violates division (a) of Section 508.03 or commits a violation of division (b) of Section 508.03 that involves a dog that is not a nuisance dog, dangerous dog, or vicious dog shall be fined not less than twenty-five dollars ($25.00) or more than one hundred dollars ($100.00) on a first offense, and on each subsequent offense shall be fined not less than seventy-five dollars ($75.00) or more than two hundred fifty dollars ($250.00) and may be imprisoned for not more than thirty days.
(2) In addition to the penalties prescribed in division (a)(2) of this section, if the offender is guilty of a violation of division (a) of Section 508.03 or a violation of division (b) of Section 508.03 that involves a dog that is not a nuisance dog, dangerous dog, or vicious dog, the court may order the offender to personally supervise the dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both.
(c) (1) Whoever commits a violation of division (b) of Section 508.03 that involves a nuisance dog is guilty of a minor misdemeanor on the first offense and of a misdemeanor of the fourth degree on each subsequent offense involving the same dog. Upon a person being convicted of or pleading guilty to a third violation of division (b) of Section 508.03 or division (C) of Ohio Revised Code Section 955.22, or any combination thereof, involving the same dog, the court shall require the offender to register the involved dog as a dangerous dog.
(2) In addition to the penalties prescribed in division (c)(1) of this section, if a violation of division (b) of Section 508.03 involves a nuisance dog, the court may order the offender to personally supervise the nuisance dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both.
(d) (1) Whoever commits a violation of division (b) of Section 508.03 that involves a dangerous dog or a violation of division (c) of that section 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. Additionally, the court may order the offender to personally supervise the dangerous dog that the offender owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both, and the court may order the offender to obtain liability insurance pursuant to division (d) of Section 508.03 or division (E) of Section 955.22 of the Ohio Revised Code. The court, in the alternative, 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.
(2) With respect to a violation of division (b) of Section 508.03 or division (C) of Section 955.22 of the Ohio Revised Code that involves a dangerous dog, until the court makes a final determination and during the pendency of any appeal of a violation of that division and at the request of an authorized official of the City of Moraine or law enforcement officer, the dog may be confined or restrained in accordance with division (c) of Section 508.03 or division (D) of Section 955.22 of the Ohio Revised Code or at the county dog pound at the owner's expense.
(e) (1) Whoever commits a violation of division (b) of Section 508.03 that involves a vicious dog is guilty of one of the following:
A. A misdemeanor of the first degree if the dog causes death or serious injury to a person. Additionally, the court may order the vicious dog to be humanely destroyed by a licensed veterinarian, the county dog warden, or the county humane society at the owner's expense.
(2) If the court does not order the vicious dog to be destroyed under division (e)(1)A of this section, the court shall issue an order that specifies that division (c) of Section 508.02 and divisions (c) to (e) of Section 508.03 apply with respect to the dog and the owner, keeper, or harborer of the dog as if the dog were a dangerous dog and that Section 508.05 applies with respect to the dog as if it were a dangerous dog. As part of the order, the court shall order the offender to obtain the liability insurance required under division (d)(1) of Section 508.03 in an amount, exclusive of interest and costs, that equals or exceeds one hundred thousand ($100,000) dollars. Until the court makes a final determination and during the pendency of any appeal of a violation of division (b) of Section 508.03 and at the request of an authorized official of the City of Moraine or law enforcement officer, the dog may be confined or restrained in accordance with the provisions described in division (c) of Section 508.03 or at the county dog pound at the owner's expense.
(f) Whoever violates division (d)(2) of Section 508.03 is guilty of a misdemeanor of the fourth degree.
(g) Whoever violates any provision of Chapter 508 for which a penalty is not otherwise specified is is guilty of a minor misdemeanor. Each day of continued violation constitutes a separate offense.
(h) Whoever violates division (d)(1), (3), or (4) of Section 508.03 is guilty of a minor misdemeanor.
(i) Whoever violates division (a) or (b) of Section 508.05 is guilty of a misdemeanor of the first degree.
(Ord. 1870-13. Passed 9-12-13.)
(Ord. 1870-13. Passed 9-12-13.)