(a) Definitions. As used in this Chapter, certain terms are defined as follows:
(1) “Animal Warden” means the Village Administrator and his or her designee, who may be a Village employee or a contractor hired to act as Animal Warden on behalf of the Village, and those employees of the Village or its contractor designated by the Director as Animal Wardens.
(2) “Dangerous dog” means a dog which, without provocation, has chased or approached in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person, or which presents a risk to the safety of any person, or which has caused serious physical injury to another domestic animal.
A. A “dangerous dog” shall not include the following:
1. A police dog that is being used to assist one or more law enforcement officers in performance of their duties.
2. A dog which has caused 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.
B. It shall be prima-facie evidence that a dog is dangerous if its owner, keeper or harborer has been notified in writing by the Animal Warden that the dog is considered dangerous, based on the following:
1. One or more verified incidents reported to the Village that the dog, without provocation, has chased or approached in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person, or has caused serious physical injury to any domestic animal; or
2. Because of improper training, neglect, prior history, physical or other characteristics including height, weight and breed, or other good and sufficient cause, the dog presents a risk to the safety of any person.
C. A determination by the Animal Warden that a dog is dangerous may be appealed as set forth in Ohio R.C. 955.222.
(3) “Menacing fashion” means that a dog would cause any person being chased or approached to reasonably believe that a dog will cause physical injury to that person.
(4) “Owner, keeper or harborer” means a person who owns, provides shelter or cares for an animal, or otherwise has control of or is responsible for such animal.
(5) “Police dog” means a dog that has been trained, and may be used, to assist one or more law enforcement officers in the performance of their official duties.
(6) “Vicious dog” means a dog that, without provocation, has attacked any person with such severity or has caused such physical harm so as to cause a reasonable person to conclude that the dog presents a substantial risk to the safety of any person, or has killed another domestic animal.
A. A “vicious dog” shall not include the following:
1. A police dog that is being used to assist one or more law enforcement officers in the performance of their duties.
2. A dog that has caused 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.
B. It shall be prima-facie evidence that a dog is vicious, if its owner, keeper or harborer has been notified in writing by the Animal Warden that the dog is considered vicious, based upon the following:
1. One or more verified incidents reported to the Village that the dog has, without provocation, attacked any person with such severity or has caused such physical harm so as to cause a reasonable person to conclude that the dog presents a substantial risk to the safety of any person; or
2. One or more verified incidents reported to the village that the dog has, without provocation, killed another domestic animal.
(7) “Without provocation” means that a dog was:
A. Not teased, tormented or abused by a person; or
B. Not coming to the aid or the defense of a person, provided that such person was not engaged in illegal or criminal activity and was not using the dog as a means of carrying out such activity; or
C. In the case of another domestic animal, that the dog was not attacked by such animal or that such animal was not running at large.
(b) Dangerous Dogs. No owner, keeper or harborer of a dangerous dog shall fail to post a sign conspicuously on the property visible to any person approaching the property from the street that states that a dangerous dog is present on the premises, or shall fail to do either of the following, except when the dog is lawfully engaged in hunting or training for the purpose of hunting, accompanied by a licensed hunter;
(1) While the dog is on the premises of the owner, keeper or harborer, securely confine or restrain it on a chain-link leash having a minimum tensile strength of 300 pounds that extends no closer than ten feet from the nearest property boundary.
(2) While the dog is off the premises of the owner, keeper of harborer, keep it on a chain-link leash with a minimum tensile strength of 300 pounds that is not more than six feet in length and additionally do at least one of the following:
A. Keep the dog in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top; or
B. Have the 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 the dog so as to prevent it from causing injury to any person; or
C. Muzzle the dog.
(c) Vicious Dogs.
(1) No owner, keeper or harborer of a vicious dog shall fail to post a sign conspicuously on the property visible to any person approaching the property from the street that states that a vicious dog is present on the premises, or shall fail to do either of the following, except when the dog is lawfully engaged in hunting or training for the purpose of hunting, accompanied by a licensed hunter:
A. While that dog is on the premises of the owner, keeper or harborer, keep the dog locked inside a structure on the property that provides adequate ventilation, or while the dog is outside keep it securely confined at all times in a locked pen or other locked enclosure which has a top.
B. While that dog is off the premises of the owner, keeper or harborer, keep it on a chain-link leash having minimum tensile strength of 300 pounds, and that is not more than four feet in length and additionally do at least one of the following:
1. Keep that dog in a locked pen or other locked enclosure which has a top;
2. Have the leash controlled by a person who is of suitable age and discretion to adequately restrain the dog, and keep the dog muzzled at all times while off the premises, except when being examined or treated by a veterinarian.
(2) No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in the State of Ohio providing coverage in each occurrence, subject to a limit, exclusive of interests and costs, of not less than three hundred thousand dollars ($300,000) because of damage or bodily injury to or death of a person, or damage or injury to any domestic animal or property, caused by the vicious dog.
(3) Upon the request of the Animal Warden or his or her designee, an owner, keeper or harborer of a vicious dog shall produce the evidence of insurance required pursuant to this section.
(4) In the event the Animal Warden or his or her designee or a law enforcement officer has probable cause to believe that a vicious dog is being kept or harbored in violation of subsections (c)(2), (c)(6), (c)(7) or (c)(8) hereof, they may petition the Municipal Court to order the seizure and impoundment of such dog pending trial. In the event that the Animal Warden or his or her designee or a law enforcement officer has probable cause to believe that a vicious dog is being kept or harbored in a violations of subsection (c)(1)A. or (c)(1)B. hereof, they may seize and impound the vicious dog with the right of the owner, keeper or harborer having the right to appeal such action as set forth in Ohio R.C. 955.222.
(5) Any locked pen which has a top, locked fenced yard, or other locked enclosure which has a top, as described in this section, shall not be constructed or maintained without first obtaining approval from the Village, where such approval is required pursuant to the Village's Zoning or Building Codes.
(6) No person shall own, keep or harbor any dog for the purpose of dog fighting, or train, torment, badger, bait or use any dog for the purpose of causing or encouraging such dog to unprovoked attacks upon humans or domestic animals.
(7) No person shall possess with intent to sell, or offer for sale, breed, or purchase or transfer or attempt to purchase or transfer within the Village any vicious dog.
(8) No person shall do any of the following:
A. Debark or surgically silence a dog that the person knows or has reason to believe is a vicious dog;
B. Possess a vicious dog if the person knows or has reason to believe that the dog has been debarked or surgically silenced;
C. Falsely attest on a waiver form provided by the veterinarian under division (7) of this section that the person's dog is not a vicious dog or otherwise provide false information on that written waiver form.
(d) Penalty.
(1) Whoever violates any provision of this chapter shall be guilty of a misdemeanor of the first degree.
(2) Upon conviction for a violation of any provision of this chapter, the Municipal Court may order the owner, keeper or harborer of any animal which is determined by the Court to be vicious, or a perennial and continued nuisance, or which constitutes a serious threat to the health or safety of the public, to forthwith remove such animal from the Village, or the Court may order the Chief of Police to cause the animal to be impounded and destroyed, or otherwise disposed of as the Court shall determine.
(3) Any person found guilty of violating any provision of this chapter shall pay all expenses, including shelter, food and necessary veterinary expenses incurred by the Village as a result of its seizing and impounding of any animal, and such other expenses as may be required for the destruction of any such animal.
(Ord. 1108. Passed 6-15-87; Ord. 1747. Passed 5-16-16.)