(a) Definitions.
(1) As the term is used in this section, “vicious” dog means:
A. Any dog with a propensity, tendency, or disposition to attack unprovoked, to cause injury or to otherwise endanger the safety of humans or domestic animals;
B. Any dog which has been judicially or administratively determined, pursuant to Section 505.20(b), to have a propensity, tendency or disposition to attack, to cause injury or to otherwise endanger the safety of human beings or other domestic animals; or
C. Any dog which has been judicially or administratively determined, pursuant to Section 505.20(b), to have attacked a human being or other domestic animal.
(Ord. 2018-02. Passed 2-20-18.)
(2) A vicious dog is “unconfined”, as the term is used in this section, if such dog is not confined on the premises of the person described in subsection (c) hereof as follows:
A. If the dog is outside, it must be in a securely enclosed pen or dog run area which has secure sides and a secure top attached to all sides and which has a secure floor or bottom attached to all sides of the pen or which is embedded in the ground no less than two (2) feet. Such pen or dog run area shall be locked with a key or combination lock at all times when the animal is within the structure.
B. If the dog is inside, it may not be kept in a house or structure when the windows are open or when screen windows or screen doors are the only obstacle preventing the animal from exiting the structure. A vicious dog may not be kept on a patio, porch or in any part of a house or structure which would allow the animal to exit the building on its own volition, whether or not such a dog is on a chain or leash.
(1) A court of competent jurisdiction may declare the dog to be vicious in an independent or related civil or criminal proceeding; or
(2) The Chief of Police or the designated Animal Control Officer may provide written notice to the owner or other person harboring or having care or control of the dog that the Chief of Police or the designated Animal Control Officer has determined the dog to be vicious. Such notice shall be given by personal service, ordinary mail, or by posting on the property at which the person resides. Any person aggrieved by the order of the Chief of Police or the designated Animal Control Office hereunder may appeal such order in writing to the Village of Newburgh Heights Zoning Board of Appeals, which decision shall be the final decision of the Village. Such appeal shall be filed within five (5) working days of the date of notice, and heard within twenty (20) working days of the date the appeal is filed. The filing of a notice of appeal hereunder shall stay the requirements of Section 505.20, but shall not preclude the Chief of Police or the designated Animal Control Officer of the Cuyahoga County Board of Health from impounding the dog if otherwise permitted by this chapter or other provision of law and shall not in any way relieve the owner or other person harboring or having care or control of the dog from civil or criminal liability for injury or damage caused by the dog or for violations of provisions of this chapter other than Section 505.20
(c) No person owning or harboring or having the care or custody of a vicious dog shall permit such dog to go unconfined on the premises of such person.
(d) No person owning or harboring or having the care of a vicious dog shall permit such dog to go beyond the premises of such person unless such dog is securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not exceeding three feet in length.
(e) No person shall own 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 attack upon humans or domestic animals.
(f) No person shall possess with intent to sell, or offer for sale, breed or buy or attempt to buy within the Village any vicious dog.
(g) Any person owning or harboring or having the care or control of any vicious dog shall maintain a policy of insurance in an amount not less than two hundred thousand dollars ($200,000) for each occurrence and insuring such person against any claim, loss, damage, or injury to persons, domestic animals, or property resulting from the acts, whether intentional or unintentional, of the vicious dog. Such person(s) shall produce evidence of such insurance upon the request of a law enforcement officer.
(h) In the event that a law enforcement officer has probable cause to believe that a vicious dog is being harbored or cared for in violation of subsections (b), (d), (e) or (f) hereof, the law enforcement officer may petition a court of competent jurisdiction to order the seizure and impoundment of the vicious dog pending trial. In the event that a law enforcement officer has probable cause to believe that a vicious dog has gone beyond the premises of a person owning, harboring or having the care or control of the dog, in violation of subsection (c) hereof, the law enforcement officer may seize and impound the vicious dog pending trial.
(i) No person shall own, harbor, care for, or control a vicious dog within the Village until such dog has been registered at the Division of Police on such form(s) as prescribed by the Chief of Police or the designated Animal Control Officer. Persons owning, harboring, caring for or controlling a vicious dog upon the effective date of this section, shall register such dog with the Division of Police within sixty days of the effective date of this provision.
(j) Penalty.
(1) Whoever violates any provision of this section, other than subsection (h) herein, shall be guilty of a misdemeanor of the first degree. Whoever violates subsection (h) herein shall be guilty of a misdemeanor of the fourth degree and shall be required to comply with the requirements of subsection (h).
(2) Whoever is found guilty of any subsequent offense of violating this section shall be guilty of a misdemeanor of the first degree and shall be fined one thousand dollars ($1,000), which fine shall be mandatory and shall not be suspended or remitted.
(3) Any vicious dog which attacks a human or domestic animal may be ordered destroyed when, in the court’s judgment, such vicious dog represents a continuing threat of serious harm to humans and domestic animals.
(4) Any person found guilty of violating this section shall pay all expenses, including shelter, food, veterinary expenses for identification or certification of the breed of the animal or boarding and veterinary expenses necessitated by the seizure of any dog for the protection of the public, and such other expense as may be required for the destruction of any such dog.
(Ord. 2006-13. Passed 5-16-06.)