(a) No person shall recklessly do any of the following with respect to police dog:
(1) Taunt, torment, or strike a police dog;
(2) Throw an object or substance at a police dog;
(3) Interfere with or obstruct a police dog, or interfere with or obstruct a law enforcement officer who is being assisted by a police dog, in a manner that does any of the following:
A. Inhibits or restricts the law enforcement officer's control of the police dog;
B. Deprives the law enforcement officer of control of the police dog;
C. Releases the police dog from its area of control;
D. Enters the area of control of the police dog without the consent of the law enforcement officer, including placing food or any other object or substance into that area;
E. Inhibits or restricts the ability of the police dog to assist a law enforcement officer.
(b) No person shall recklessly do any of the following with respect to an assistance animal:
(1) Taunt, torment, or strike an assistance dog;
(2) Throw an object or substance at an assistance dog;
(3) Interfere with or obstruct an assistance dog, or interfere with or obstruct a blind, deaf or hearing impaired, or mobility impaired person who is being assisted or served by an assistance dog, in a manner that does any of the following:
A. Inhibits or restricts the assisted or served person's control of the dog;
B. Deprives the assisted or served person of control of the dog;
C. Releases the dog from its area of control;
D. Enters the area of control of the dog without the consent of the assisted or served person, including placing food or any other object or substance into that area;
E. Inhibits or restricts the ability of the dog to assist the assisted or served person.
(c) Whoever violates division (a) of this section is guilty of harassing a police dog. Except as otherwise provided in this division, harassing a police dog is a misdemeanor of the second degree. If the violation results in the death of the police dog or if the violation results in serious physical harm to the police dog but does not result in its death, harassing a police dog is a felony and shall be prosecuted under appropriate State law. If the violation results in physical harm to the police dog but does not result in its death or in serious physical harm to it, harassing a police dog is a misdemeanor of the first degree.
(d) Whoever violates division (b) of this section is guilty of harassing an assistance dog. Except as otherwise provided in this division, harassing an assistance dog is a misdemeanor of the second degree. If the violation results in the death of or serious physical harm to the assistance dog but does not result in its death, harassing an assistance dog is a felony and shall be prosecuted under appropriate State law. If the violation results in physical harm to the assistance dog but does not result in its death or in serious physical harm to it, harassing an assistance dog is a misdemeanor of the first degree.
(e) This section only applies to an offender who knows or should reasonably know at the time of the violation that the police dog or assistance dog that is the subject of a violation under this section is a police dog or assistance dog.
(f) As used in this section:
(1) "Police dog" means a dog that has been trained, and may be used, to assist law enforcement officers in the performance of their official duties.
(2) "Assistance dog", "blind", and "mobility impaired person" have the same meanings as in R.C. § 955.011.
(Ord. 97-19. Passed 9-10-19.)