(a) As used in this section:
(1) A. "Dangerous dog" means a dog that, without provocation, and subject to division (a)(1)(B) of this section, has done any of the following:
1. Caused injury, other than killing or serious injury, to any person;
2. Killed another dog;
B. "Dangerous dog" does not include a police dog that has caused injury, other than killing or serious injury, to any person or has killed another dog while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties.
(2) "Menacing fashion" means that a dog would cause any person being chased or approached to reasonably believe that the dog will cause physical injury to that person.
(3) A. Subject to division (A)(3)(b) of this section, "nuisance dog" means a dog that without provocation and while off the premises of its owner, keeper, or harborer has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person.
B. "Nuisance dog" does not include a police dog that while being used to assist one or more law enforcement officers in the performance of official duties has chased or approached a person in either a menacing fashion or an apparent attitude of attack or has attempted to bite or otherwise endanger any person.
(4) "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.
(5) "Serious injury" means any of the following:
A. Any physical harm that carries a substantial risk of death;
B. Any physical harm that involves a permanent incapacity, whether partial or total, or a temporary, substantial incapacity;
C. Any physical harm that involves a permanent disfigurement or a temporary, serious disfigurement;
D. Any physical harm that involves acute pain of a duration that results in substantial suffering or any degree of prolonged or intractable pain.
(6) A. "Vicious dog" means a dog that, without provocation and subject to division (A)(6)(B) of this section, has killed or caused serious injury to any person.
B. "Vicious dog" does not include either of the following:
1. A police dog that has killed or caused serious injury to any person while the police dog is being used to assist one or more law enforcement officers in the performance of their official duties;
2. A dog that has killed or caused serious injury to any person while a 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.
(7) "Without provocation" means that a dog was not teased, tormented, or abused by a person, or that the dog was not coming to the aid or the defense of a person who was not engaged in illegal or criminal activity and who was not using the dog as a means of carrying out such activity.
(b) If a person who is authorized to enforce this chapter has reasonable cause to believe that a dog in the person's jurisdiction is a nuisance dog, dangerous dog, or vicious dog, the person shall notify the owner, keeper, or harborer of that dog, by certified mail or in person, of both of the following:
(1) That the person has designated the dog a nuisance dog, dangerous dog, or vicious dog, as applicable;
(2) That the owner, keeper, or harborer of the dog may request a hearing regarding the designation in accordance with this section. The notice shall include instructions for filing a request for a hearing in the county in which the dog's owner, keeper, or harborer resides.
(c) If the owner, keeper, or harborer of the dog disagrees with the designation of the dog as a nuisance dog, dangerous dog, or vicious dog, as applicable, the owner, keeper, or harborer, not later than ten days after receiving notification of the designation, may request a hearing regarding the determination. The request for a hearing shall be in writing and shall be filed with the municipal court or county court that has territorial jurisdiction over the residence of the dog's owner, keeper, or harborer. At the hearing, the person who designated the dog as a nuisance dog, dangerous dog, or vicious dog has the burden of proving, by clear and convincing evidence, that the dog is a nuisance dog, dangerous dog, or vicious dog.
The owner, keeper, or harborer of the dog or the person who designated the dog as a nuisance dog, dangerous dog, or vicious dog may appeal the court's final determination as in any other case filed in that court.
(e) (1) It shall be the duty of every owner, harborer, keeper of a dog to exercise reasonable care and to take all necessary steps and precautions to protect other people, property, and animals from injuries or damages which might result from the animal's behavior regardless of whether such behavior is motivated by mischievousness, playfulness, or ferocity.
(2) In the event the owner, keeper, or harborer of the dog is a minor, the parent or guardian of such minor shall be responsible to insure that all provisions of this subchapter are complied with.
(3) It shall be the duty of every owner, keeper, or harborer of any dog in his possession or custody, to insure that the animal is kept under restraint and that reasonable care and precautions are taken to prevent the dog from leaving, while unattended, the real property limits of its owner, harborer, or keeper, and that it is securely locked at any time the dog is left unattended, or it must be securely and humanely restrained by chain, cable, and trolley, or other tether or sufficient strength to prevent escape or it must be on a leash under the control of a competent person.
(4) Except when a nuisance, dangerous, or vicious dog is lawfully engaged in hunting or training for the purpose of hunting and is accompanied by the owner, keeper, harborer, or handler of the dog, no owner, keeper, or harborer of a nuisance, dangerous, dog shall fail to do either of the following:
A. While that dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top;
B. No nuisance, dangerous, or vicious dog shall be chained, tethered, or otherwise tied to any inanimate object, such as a tree, post, or building, outside of its enclosure as provided herein.
C. Owner, keepers, or harborers, of nuisance, dangerous, or vicious dogs who maintain the animal outdoors, shall have a portion of their property fenced with a perimeter or area fence. The pen or kennel may not share common fencing with the area or perimeter fence. The kennel or fence shall have secure sides, a secure top attached to all sides, the sides shall either be buried to feet into the ground, sunken into a concrete pad, or securely attached to a wire bottom. The gate to the kennel shall be locked.
D. All owners, keepers, or harborers of any guard dog, nuisance dog, vicious dog, or dangerous dog shall display in a prominent place on their premises, and at each entrance and exit to the area where such dog is confined, a sign easily readable to the public using the words "Beware of Dog".
(5) While the nuisance, dangerous, or vicious dog is off the premises of the owner, keeper, or harborer, shall keep that dog on a chain-link leash or tether that is not more than six feet in length and additionally shall do at least one of the following:
A. Keep that dog in a locked pen that has a top, locked fenced yard, or other locked enclosure that has a top;
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 that dog so as to prevent it from causing injury to any person;
C. Muzzle that dog by sufficient means to prevent its biting other persons or animals.
(f) No person who has been convicted of or pleaded guilty to three or more violations of Section 505.01 involving the same dog and no owner, keeper, or harborer of a nuisance, dangerous, or vicious dog shall fail to do the following:
(1) Obtain liability insurance with an insurer authorized to write liability insurance in this state providing coverage in each occurrence because of damage or bodily injury to or death of a person caused by the dangerous dog if so ordered by a court and provide proof of that liability insurance upon request to any law enforcement officer, county dog warden, or public health official charged with enforcing this section;
(2) Obtain a dangerous dog registration certificate from the county auditor pursuant to Ohio Revised Code Section 955.22, affix a tag that identifies the dog as a dangerous dog to the dog's collar, and ensure that the dog wears the collar and tag at all times;
(3) Notify the local dog warden immediately if any of the following occurs:
A. The dog is loose or unconfined.
B. The dog bites a person, unless the dog is on the property of the owner of the dog, and the person who is bitten is unlawfully trespassing or committing a criminal act within the boundaries of that property.
C. The dog attacks another animal while the dog is off the property of the owner of the dog.
(4) If the dog is sold, given to another person, or dies, notify the county auditor within ten days of the sale, transfer, or death.
(g) It shall be unlawful for any person to own, harbor, or keep more than one dangerous or vicious dogs.
(h) The owner of a dangerous or vicious dog shall present the dangerous dog registration certificate upon being requested to do so by any law enforcement officer, dog warden, or public health official charged with enforcing this section.
(i) Penalties.
(1) Whoever commits a violation of Section 505.17(e) 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. 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) Whoever violates division (f)(1) of Section 505.17 is guilty of a misdemeanor of the fourth degree.
(3) Whoever violates division (f)(2), (3), or (4); (g), and (h) of 505.17 is guilty of a minor misdemeanor.
(Ord. 29-2012. Passed 7-10-12.)