(a) For the purpose of this section, “vicious dog” is defined as:
(1) Any dog when unprovoked engages in any behavior that requires a defensive action by any person to prevent bodily injury when the dog is off the property of the owner or keeper of the dog.
(2) Any dog which, when unprovoked, bites a person causing severe injury. Severe injury shall be defined as any physical harm to a human being that results in muscle tears or disfiguring lacerations or requires multiple sutures or cosmetic surgery.
(3) Any dog which, when unprovoked has killed, seriously bitten, inflicted injury, or otherwise caused injury when attacking a domestic animal off of the property of the owner or keeper of the dog.
(b) A “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 the person was committing or attempting to commit a trespass or other criminal offense on the property of the owner, keeper, or harbor of the dog.
(3) A dog that bites or attacks a person or animal that provokes, torments, tortures, or treats an animal cruelly.
(c) Standards for keeping vicious dogs. The keeping of vicious dogs shall be subject to the following standards.
(1) Confinement. When vicious dogs are not under the physical control of their owner, all vicious dogs shall be securely confined indoors, in a securely enclosed and locked pen or kennel, or in a fenced in yard with a locked gate. Such fenced in yard must be equipped with a six (6) foot high fence, or that of adequate height determined by the Portsmouth City Animal Control Officer. The fence must be equipped with a locked gate. If said fence is not sufficient in height or strength to keep vicious dogs from running at large, the vicious dog must be kept in a pen or kennel that meets the following standards:
A. The pen or kennel must have secure sides and a secure top attached to its sides.
B. Such structure must have a secure bottom of floor attached to the sides of the pen, or the sides of the pen must be embedded in the ground to a depth of no less than two (2) feet.
C. The fencing for such structure must be at least 14 gauge fencing wire.
D. All structures used to confine such animals must be locked with a key or combination lock when such animals are within the structure.
E. No structure may violate any Codified Ordinances of the City of Portsmouth, Ohio.
(2) Confinement indoors. No vicious dog may be kept on a porch, patio, or in any part of a house or structure that would allow the dog to exit such building on its own volition. In addition, no such dog may be kept in a house or structure where window screens or screen door are the only obstacles preventing the dog from exiting the structure.
(3) Control of vicious dog. No person shall permit a vicious dog to go outside of its kennel, pen, or the owner’s residence unless such dog is securely leased with a leash not longer than four (4) feet in length. No person shall permit such dog to be kept on a chain, rope, or other type of leash outside its kennel or pen unless a person is in and able to maintain physical control of the animal at all times. Such dogs may not be leashed to inanimate objects such as trees, posts, buildings, etc.
(4) While not being classified as vicious, due to the disproportionate number of documented “pit bulls” running at large complaints and documented attacks on domestic animals and people, all dogs that meet the definition of “pit bulls”, as stated in subsection (e), must be confined as stated in subsection (c) hereof.
(d) Insurance Identification and Reporting Requirements.
(1) Insurance. All owners, keepers or harborers of vicious dogs must within ten (10) days of the effective date of this section, obtain liability or home owner’s insurance that provides coverage for each occurrence because of damage or bodily injury to or death of a person caused by the dog. The liability or homeowner’s insurance policy must be a minimum of one hundred thousand dollars ($100,000).
A. The owner, keeper or harborer of a “Pit Bull Dog”, as defined in subsection (e) hereof is exempted from the insurance requirements for vicious dogs unless the “pit bull dog” has been documented to have previously bitten or attacked a person or domestic animal.
(2) Any owner of a vicious dog if so ordered by a court, any law enforcement officer, animal control officer, or public health official must provide proof of the required liability insurance.
(e) Definition. “Pit Bull Dog” is defined for purposes of this section to mean the Bull Terrier breed of dog, the American Staffordshire Terrier breed of dog, dogs of mixed breed or other breeds which breed or mixed breed is known as Pit Bulls, Pit Bull Dogs or Pit Bull Terriers, and any dog which has the appearance and characteristics of being predominantly of the breeds of Bull Terrier, Staffordshire Bull Terrier, American Pit Bull Terrier, American Staffordshire Terrier, and other breed commonly known as Pit Bulls, Pit Bull Dogs, or Pit Bull Terriers, or a combination of any of these breeds. The Portsmouth City Animal Control Officer shall make the final determination of whether the dog meets the definition of a “pit bull dog”.
(f) Enforcement. It shall be the duty of the Portsmouth City Animal Control Officer to enforce this section. The Portsmouth City Police Department also has the authority to enforce this section.
(1) The Portsmouth City Animal Control Officer shall investigate all vicious dog complaints. All complaints shall be put in writing and reviewed by the Portsmouth City Animal Control Officer and the officer shall determine if the dog is vicious or not.
(2) The Portsmouth City Animal Control Officer shall require the owner or harborer of the vicious dog to comply with the provisions of this ordinance or safely remove such dog from the City limits of Portsmouth, Ohio.
(g) Failure to Comply. If the owner, keeper or harborer of a vicious dog fails to comply with the requirements and conditions set forth in this section, the Portsmouth City Animal Control Officer may order the vicious dog to be immediately seized, impounded or destroyed.
(1) The first violation of this section will result in the charge of a misdemeanor of the fourth degree.
A. A second violation of this ordinance will result in the charge of a misdemeanor of the third degree.
B. A third violation of this ordinance will result in the charge of a misdemeanor of the second degree.
C. The fourth violation of this ordinance will result in a charge of a misdemeanor of the first degree.
D. Each subsequent violation will result in the charge of a misdemeanor of the first degree.
(2) Each occurrence shall constitute a separate offense.
(Ord. 2012-14. Passed 5-14-12.)