(a) As used in this section:
(1) "Dangerous dog" means any dog, other than a police dog, that:
A. Without provocation, chases or approaches in a menacing fashion any person while on or off the premises of the owner or any domestic animal which is the property of another while off the premises of the owner; or
B. Without provocation, bites, attempts to bite or causes physical harm to any person while on or off the premises of the owner or any domestic animal which is the property of another while off the premises of the owner.
(2) "Menacing fashion" means approaching or chasing a person or any domestic animal which is the property of another in a manner which would cause a reasonable person to believe that the dog will cause serious physical harm to such person or other animal.
(3) "Owner" means any person owning, keeping, possessing, harboring, maintaining or having the care, custody or control of a dog.
(4) "Police dog" means a dog that has been trained, and is being used to assist a law enforcement officer in the performance of his official duties.
(5) "Vicious dog" means:
A. Any dog, other than a police dog, that without provocation kills or causes serious physical harm to any person or kills any domestic animal which is the property of another; or
B. Any dog, whether wild or domestic, which by virtue of its species, physical attributes, temperament and/or other characteristics presents a substantial risk of serious physical harm to persons; or
C. Any dog which belongs to, or has the appearance and characteristics of being predominantly of the breeds of dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, American Staffordshire Terrier, Pit Bull Terrier and any other breed of dog commonly known as Pit Bulls, Pit Bull Dogs or Pit Bull Terriers or a combination of those breeds. .
(6) "Without provocation" means that:
A. The dog is not defending itself against any person who is torturing, beating or otherwise physically abusing such dog;
B. The dog is not defending itself against another animal which has attacked or approached it in a menacing fashion;
C. The dog is not coming to the aid of a person who is being physically harmed or threatened with physical harm by a person or other animal or who is being approached by another animal in a menacing fashion; or
D. The dog is not chasing, approaching or causing or attempting to cause physical harm to any person who has entered upon the premises of another with the intent of committing a crime.
(7) Terms not defined herein but defined in Ohio R.C. Chapter 2901 shall have the meanings set forth therein.
(b) With the exception of any dog which belongs to, or has the appearance and characteristics of being predominantly of the breeds of dogs known as Staffordshire Bull Terrier, American Pit Bull Terrier, American Staffordshire Terrier, Pit Bull Terrier and any other breed of dog commonly known as Pit Bulls, Pit Bull Dogs or Pit Bull Terriers or a combination of those breeds, no person shall be guilty of any provision of this Chapter without a finding that a dog is dangerous or vicious pursuant to Section 503.05.
(c) No person shall knowingly, recklessly or negligently possess, keep, maintain, harbor or have care, custody or control of a vicious dog within the City of New Lexington.
(d) No owner of a dangerous dog shall fail, while such dog is on the premises of the owner, to keep such dog securely confined in a locked pen which has a top or keep such animal tied to a chain-link leash or tether within a locked fenced yard, from which the dog cannot escape and into which children cannot trespass, so that such dog is at all times a distance of at least six feet from the fence or keep such dog in an area inside a building on the premises of the owner which shall be secured so that the dog cannot approach in a menacing fashion any person entering upon the premises of the owner for any purpose, other than the commission of a crime; provided that this subsection shall not apply to the use of a dog while it is lawfully and actually engaged in hunting or legitimate training for the purpose of hunting while accompanied by a licensed hunter.
(e) No owner of a dangerous dog shall take or lead such animal off the premises of the owner unless the dog wears a muzzle, which is designed and worn in a manner to prevent the dog from causing physical harm to any person or other animal, and such dog is securely attached to a chain-link leash or tether of not more than six feet in length, which leash or tether is controlled by a person of such age, size and discretion that such person is capable of preventing the dog from approaching any person or other animal in a menacing fashion; provided that this subsection shall not apply to the use of a dog while it is lawfully and actually engaged in hunting or legitimate training for the purpose of hunting while accompanied by a licensed hunter.
(f) No owner of a dangerous or vicious dog shall permit such animal to run at large as prohibited by Section 503.01.
(g) No owner of a dog, knowing such animal to be a dangerous dog or with reckless disregard of the dangerous character of such dog, shall fail to display publicly on the property where such dog is maintained or harbored a sign which notifies the public of the presence of a dangerous dog thereon. Such sign shall state in lettering at least two inches in height "Beware of dangerous dog" or a similar statement providing reasonable notice to the public of the presence of such dangerous dog.
(h) No owner of a dangerous or vicious dog shall fail to report to the City of New Lexington any incident by which any dangerous or vicious dog has caused physical harm to any person within twenty-four hours of such incident.
(i) No owner of a dangerous or vicious dog shall fail to report to the City of New Lexington the theft or loss of a dangerous or vicious dog within twelve (12) hours of the discovery of such theft or loss.
(j) No owner of a dangerous or vicious dog shall refuse to permit the inspection by the City of any such dog or the property where it is maintained, kept or harbored to ensure compliance with this Section or conceal any such animal from an agent of the City of New Lexington attempting such inspection.
(k) Whoever violates Sections 503.04(c), (d), (e), (h), (i) or (j) is guilty of a misdemeanor of the first degree. Whoever violates Section 503.04(g) is guilty of a misdemeanor of the third degree on a first offense and a misdemeanor of the second degree on each subsequent offense. Additionally, any Perry County court may order any vicious dog to be humanely destroyed by a licensed veterinarian, the County Dog Warden or the County Humane Society.
(l) In addition to any criminal penalties which may be imposed against the owner under this section, an Animal Warden, police officer or other person authorized by the Mayor or the Chief of Police may seize and impound a vicious dog found within the City of New Lexington. Such dog shall not be released without the approval of the Mayor or the Chief of Police, on such conditions as may be reasonably imposed by them to ensure compliance with this Section, and after the payment of all costs and charges incurred by the City of New Lexington for the impounding and maintenance of such dog. However, if any dangerous or vicious dog found at large cannot be safely seized for impounding, the police may use whatever force is necessary, including killing the dog, to protect the public safety and ensure the public peace and safety. Any dog which is seized or impounded but not redeemed may be disposed of as provided by Ohio R.C. 955.16.