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(a) The owner or keeper of any member of a species of the animal kingdom that escapes from his custody or control and that is not indigenous to this State or presents a risk of serious physical harm to persons or property, or both, shall, within one hour after he discovers or reasonably should have discovered the escape, report it to:
(1) A law enforcement officer of the Municipality and the sheriff of the county where the escape occurred; and
(2) The Clerk of the Municipal Legislative Authority.
(b) If the office of the Clerk of the Legislative Authority is closed to the public at the time a report is required by subsection (a) hereof, then it is sufficient compliance with subsection (a) hereof if the owner or keeper makes the report within one hour after the office is next open to the public.
(c) Whoever violates this section is guilty of a misdemeanor of the first degree.
(ORC 2927.21)
(a) Any person who owns, keeps or harbors a dog or cat within the
City limits shall keep such dog or cat immunized or re-immunized against rabies, by a method listed in the U.S. Department of Health, Education and Welfare Center for Disease Control Animal Rabies Compendiums or any other method approved by the Health Commissioner, so that the dog or cat is continually protected against contracting rabies. Provided, however, dogs and cats need not be immunized before reaching the age of three months.
(b) Dogs or cats entering the City temporarily for dog or cat shows, exhibition and/or breeding purposes shall not be allowed out of the owner's, keeper's or handler's control unless properly immunized, and all dogs or cats entering this jurisdiction for field trials or hunting purposes, or any other purpose shall be properly immunized. All such immunized dogs and cats shall be accompanied by an immunization certificate supplied by the veterinarian who immunized the dog or cat.
(c) All veterinarians immunizing dogs or cats against rabies shall keep a record of such immunization or re-immunization and shall, at the time of such immunizing or re- immunizing give the owner, keeper or harborer of the animal a certificate of immunization which shall include a number identifying the individual record, a complete description of the animal, the place where the animal is kept or harbored, the name and address of the owner, keeper or harborer of the animal, date and type of immunization or re-immunization and such other pertinent information as needed along with the signature and typed name and address of the veterinarian. The veterinarian shall forward a copy of the certificate to the Health Commissioner within thirty days of its issuance. The Health Commissioner shall then forward a copy thereof to the Lucas County Dog Warden.
(d) The certificate described in subsection (c) hereof shall be made on multiple copy forms certified by the Health Commissioner.
(e) Nothing in this section shall be interpreted to mean that dogs or cats immunized or re-immunized shall be allowed to run at large in violation of any rabies quarantine law, ordinance or regulation.
(f) All veterinarians who immunize or re-immunize a dog against rabies shall provide a tag approved by the Health Commissioner, which shall have thereon permanently affixed the year of immunization or re-immunization and the number indicating the record prescribed in subsection (c) hereof. Such tag shall be securely fastened to the collar and/or harness worn by the dog.
(g) No veterinarian or person who owns, keeps or harbors a dog or cat shall be required to provide or obtain a certificate for a rabies immunization or re-immunization administered before the date this section takes effect. However, the provisions of this section shall be complied with at the time of re-immunization thereafter or the time the current immunization or re-immunization loses its effectiveness, whichever is earlier.
(h) Whoever violates any provision of this section is guilty of a minor misdemeanor. Each day's violation shall constitute a separate offense.
(Ord. 134-1997. Passed 7-28-97.)
(a) As used in this section:
(1) A. “Dangerous dog” means a dog that, without provocation, and subject to subsection (a)(1)B. hereof, 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, while that dog is off the premises of its owner, keeper, or harborer, and not under the reasonable control of its owner, or not physically restrained or confined in a locked pen which has a top, locked fenced yard, or other locked enclosure which has a top.
B. “Dangerous dog” does not include a police dog that 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 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) “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.
(4) A. “Vicious dog” means a dog that, without provocation and subject to subsection (a)(4)B. hereof, meets any of the following:
1. Has killed or caused serious injury to any person;
2. Has caused injury, other than killing or serious injury, to any person, or has killed another dog.
3. Belongs to a breed that is commonly known as a Pit Bull dog. The ownership, keeping or harboring of such a breed of dog shall be prima-facie evidence of the ownership, keeping or harboring of a vicious dog.
B. “Vicious dog” does not include either of the following:
1. A police dog that has killed or caused serious injury to any person or that has caused injury, other than killing or 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.
(5) “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) No owner, keeper or harborer of any female dog shall permit it to go beyond the premises of the owner, keeper or harborer at any time the dog is in heat, unless the dog is properly in leash.
(c) No owner, keeper or harborer of any dog shall fail at any time to keep it either physically confined or restrained upon the premises of the owner, keeper or harborer by a leash, tether, adequate fence, supervision, or secure enclosure to prevent escape, or under reasonable control of some person, except when the dog is lawfully engaged in hunting accompanied by the owner, keeper or harborer or handler.
(d) No owner, keeper or harborer of a dangerous or vicious dog 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 the owner, keeper, harborer or a handler:
(1) While that dog is on the premises of the owner, keeper, or harborer, securely confine it at all times in a locked pen which has a top, locked fenced yard, or other locked enclosure which has a top, except that a dangerous dog may, in the alternative, be tied with a leash or tether so that the dog is adequately restrained;
(2) While that dog is off the premises of the owner, keeper or harborer, keep it on a chain-link leash or tether that is not more than six feet in length and additionally do at least one of the following:
A. Keep that dog in a locked pen which has a top, locked fenced yard, or other locked enclosure which 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.
(e) No person or organization or corporation shall own, keep, harbor or provide sustenance for more than one vicious dog, as defined in subsection (a)(4) hereof, or dog commonly known as a Pit Bull or Pit Bull mixed breed dog, regardless of age, in the City, with the exception of puppies commonly known as Pit Bull or Pit Bull mixed breed for which the owner has filed an ownership acknowledge form in person with the Dog Warden of Lucas County, prior to the puppies’ reaching seven days of age. The ownership of those puppies must be transferred according to the Ohio R.C. 955.11 before they are three months of age. Additionally, all vicious dogs, as described in the Ohio Revised Code, or dogs commonly known as Pit Bull or Pit Bull mixed breed dogs are required, when off the owners’ premises, to be securely confined as described in subsection (d)(2) hereof and muzzled.
(f) No owner, keeper or harborer of a vicious dog shall fail to obtain liability insurance with an insurer authorized to write liability insurance in this State providing coverage in each occurrence, subject to a limit, exclusive of interest and costs, of not less than one hundred thousand dollars ($100,000) because of damage or bodily injury to or death of a person caused by the vicious dog.
(ORC 955.22)
(ORC 955.22)
(g) (1) Whoever violates subsections (b) or (c) hereof 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 subsection (g)(1) hereof, if the offender is guilty of a violation of subsection (b) or (c) hereof, the court may order the offender to personally supervise the dog that he owns, keeps, or harbors, to cause that dog to complete dog obedience training, or to do both.
(h) If a violation of subsection (d) hereof involves a dangerous dog, whoever violates this subsection 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 he 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 subsection (f) hereof. 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.
(i) If a violation of subsection (d) hereof involves a vicious dog, whoever violates that subsection is guilty of one of the following:
(1) A felony of the fourth degree to be prosecuted under the appropriate state law on a first or subsequent offense if the dog kills or seriously injures a person. Additionally, the court shall order that the vicious dog be humanely destroyed by a licensed veterinarian, the County Dog Warden, or the County Humane Society.
(2) A misdemeanor of the first degree on a first offense and a felony on each subsequent offense to be prosecuted under the appropriate state law. 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.
(j) Whoever violates subsections (e) or (f) hereof is guilty of a misdemeanor of the first degree.
(Ord. 183-1999. Passed 10-11-99.)
(Ord. 183-1999. Passed 10-11-99.)
A police officer, Animal Warden, or agent of the City may impound every animal or cat found in violation of Section 505.01. Any cat found to be running at large may be seized and placed or appropriate action may be taken. If the cat is wearing identification sufficient to ascertain the identity and location of its owner, keeper or harborer (hereinafter “owner”), the owner shall be notified, and if the owner does not redeem the cat within 72 hours of the date of the notice, the cat may be placed or appropriate action may be taken. Any cat that is not wearing identification sufficient to ascertain its owner may be placed or appropriate action may be taken within 48 hours. Any cat running at large which is not wearing identification sufficient to ascertain the owner’s identity and location shall be deemed to be prima-facie evidence of lack of ownership. The City and/or its agents shall use its best efforts to refer unclaimed cats to a local organization for adoption prior to appropriate action being taken.
(Ord. 190-2001. Passed 9-10-01.)
(Ord. 190-2001. Passed 9-10-01.)
(a) When either a blind, deaf or hearing impaired, or mobility impaired person, or a training of an assistance dog is accompanied by an assistance dog, the person or trainer, as applicable, is entitled to the full and equal accommodations, advantages, facilities, and privileges of all public conveyances, hotels, and lodging places, all places of public accommodation, amusement, or resort, and other places to which the general public is invited, and may take the dog into such conveyances and places, subject only to the conditions and limitations applicable to all persons not so accompanied, except that:
(1) The dog shall not occupy a seat in any public conveyance; and
(2) The dog shall be leashed while using the facilities of a common carrier.
(3) Any dog in training to become an assistance dog shall be covered by a liability insurance policy provided by the nonprofit special agency engaged in such work protecting members of the public against personal injury or property damage caused by the dog.
(b) No person shall deprive a blind, deaf or hearing impaired, or mobility impaired person, or a training of an assistance dog who is accompanied by an assistance dog, of any of the advantages, facilities or privileges provided in subsection (a) of this section, nor charge the person or training a fee or charge for the dog.
(ORC 955.43(A), (B))
(c) As used in this section:
(1) “Assistance dog” means a dog that has been trained by a nonprofit or for-profit special agency and that is one of the following:
A. A guide dog;
B. A hearing dog;
C. A service dog.
(2) “Blind” means either of the following:
A. Vision 20/20 or less in the better eye with proper correction;
B. Field defect in the better eye with proper correction that contracts the peripheral field so that the diameter of the visual field subtends an angle no greater than twenty degrees.
(3) “Guide dog” means a dog that has been trained or is in training to assist a blind person.
(4) “Hearing dog” means a dog that has been trained or is in training to assist a deaf or hearing-impaired person.
(5) “Institutions of education” means:
A. Any state university or college as defined in Ohio R.C. 3345.32;
B. Any private college or university that holds a certificate of authorization issued by the Ohio Board of Regents pursuant to Ohio R.C. Chapter 1713;
C. Any elementary or secondary school operated by a board of education;
D. Any chartered or nonchartered nonpublic elementary or secondary school; or
E. Any school issued a certificate of registration by the state Board of Career Colleges and Schools.
(6) “Person with a mobility impairment” means any person, regardless of age, who is subject to a physiological impairment regardless of its cause, nature or extent that renders the person unable to move about without the aid of crutches, a wheelchair, or any other form of support, or that limits the person’s functional ability to ambulate, climb, descend, sit, rise, or perform any related function. The phrase includes a person with a neurological or psychological disability that limits the person’s functional ability to ambulate, climb, descend, sit, rise or perform any related function. The phrase also includes a person with a seizure disorder and a person who is diagnosed with autism.
(7) “Service dog” means a dog that has been trained or is in training to assist a person with a mobility impairment.
(ORC 955.011(B), 955.43(C))
(d) Whoever violates any provision of this section shall be guilty of a misdemeanor of the fourth degree.
(ORC 955.99(D))