(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.)